Canon 33. If any one has, or asks to have, on his land a diocese [i.e., parish], let him first assign to it sufficient lands and clergy who may there perform their duties, that suitable reverence be done to the sacred places.
(d) V Council of Orleans, A. D. 549, Canons. Bruns, II, 208.
At this council no less than seven archbishops, forty-three bishops and representatives of twenty-one other bishops were present. It was, therefore, a general council of the Frankish Church, although politically the Frankish territory was divided into three kingdoms held respectively by Childebert, Chlothar, and Theudebald. Orleans itself was in the dominion of Childebert. Cf. preface to the canons of II Orleans, A. D. 533, which states that that council was attended by five archbishops and the deputy of a sixth, as well as by bishops from all parts of Gaul, and was called at the command of the “Glorious kings,” i.e., Childebert, Chlothar, and Theudebert.
Canon 13. It is permitted to no one to retain, alienate, or take away goods or property which has been lawfully given to a church, monastery, or orphan asylums for any charity; that if any one does do so he shall, according to the ancient canons [cf. Hefele, §§ 220, 222], be regarded as a slayer of the poor, and shall be shut out from the thresholds of the Church so long as those things are not restored which have been taken away or retained.
(e) Council of Braga, A. D. 572, Canons. Bruns, II, 37.
Canon 5. As often as bishops are requested by any of the faithful to consecrate churches, they shall not, as having a claim, ask any payment of the founders; but if he wishes to give him something from a vow he has made, let it not be despised; [pg 620] but if poverty or necessity prevent him, let nothing be demanded of him. This only let each bishop remember, that he shall not dedicate a church or basilica before he shall have received the endowment of the basilica and its service confirmed by an instrument of donation; for it is a not light rashness for a church to be consecrated, as if it were a private dwelling, without lights and without the support of those who are to serve there.
Canon 6. In case of any one who builds a basilica, not from any faithful devotion, but from the desire of gain, that whatsoever is there gathered of the offerings of the people he may share half and half with the clergy, on the ground that he has built the basilica on his own land, which in various places is said to be done quite constantly, this therefore ought hereafter to be observed, that no bishop consent to such an abominable purpose, that he should dare to consecrate a basilica which is founded not as the heritage of the saints but rather under the condition of tribute.
(f) II Council of Toledo, A. D. 589, Canons. Bruns, I, 217.
Canon 19. Many who have built churches demand that these churches, contrary to the canons, shall be consecrated in such a way that they shall not allow the endowment, which they have given the church, to belong to the control of the bishop; when this has been done in the past, let this be void, and in the future forbidden; but let all things pertain to the power and control of the bishop according to the ancient law.