Canons and Decrees of the Council of Trent/Second Part/Motus Proprius of our Holy Lord Pius

by Pius IV

MOTUS PROPRIUS OF OUR HOLY LORD PIUS, BY DIVINE PROVIDENCE FOURTH POPE.

EIGHT CARDINALS ARE DEPUTED TO ENFORCE THE OBSERVANCE OF THE CONSTITUTIONS AND ORDINANCES SET FORTH BY PIUS IV., AS ALSO THE DECREES OF THE SACRED ŒCUMENICAL AND GENERAL COUNCIL OF TRENT,

Pius IV., pope.

Of our own proper motion, &c. We have elsewhere issued some other constitutions and ordinances, concerning the reformation of the pœnitentiarius major and of our sacred penitentiary, of our vicar, and of his office, as also of the chamberlain and the apostolic chamber, and of the causes assigned to that auditor, and also of the auditors of the causes of the apostolic palace, and of the governor, and of the courts of the Capitol, and of the courts of appeal and other tribunals of our noble city, and of the Roman court, which, however (as we have ascertained), are not observed with sufficient care by the prefects and officials of the said officers and tribunals. But whereas it is our most earnest wish, that those, and in like manner the decrees of the sacred Council of Trent, should be absolutely observed by the same in those matters regarding their offices: for that reason we, considering that it is not enough to grant laws, unless there be those who may take care that they be put in force, and in the matters aforesaid, even as we are bound by what is due to the pastoral office enjoined on us (how undeserving soever we may be), to take wholesome and use useful precautions, and wishing that the aforesaid constitutions and ordinances, and decrees of the council, such as we here wish them to be held as expressly indicated, be inviolably observed: we commit and intrust to our venerable brethren, [the cardinals] John Morone, bishop of Tusculum, John Michael Saracenus, of St. Anastasia, Giovanni Eattista Cicada, of St. Clement, Michael Alexandrinus, of St. Sabina, Clement of Saint Mary in Ara Cœli, Louis Simoneta, of St. Cyriacus at Thermæ, Carlo Borromoeus,of Saint Martin on the Mounts, all priests, and further to Yetellotius, cardinal-deacon of Saint Mary in the portico of Vitellius, to the end that they themselves, or the majority of them, conjointly or separately, by their free will, and even as executors of the aforesaid letters, constitutions, and decrees, may cause the constitutions and ordinances and decrees aforesaid, according to their tenor, and that of the letters sent forth to this effect, to be observed steadfastly and effectually, through all the judges and officials of the courts of penitentiary^[1], vicariate,^[2] of the chambers and the aforesaid tribunals, under the penalty of excommunication to be thereby incurred, and deprivation of offices, and other such [penalties] as may seem fit to the same cardinals, even pecuniary miucts to be incurred by the same fact (unless in the execution as well of the aforesaid decrees of the council, as of our letters already mentioned, some doubt or difficulty shall have arisen, in which case they may refer to us), even the aid of the secular arm being called in, if need shall be, and let them take care, announce, decree and declare, as we by these presents^[3] denounce, decree, and declare, that those who shall not comply with the aforesaid letters and decrees, and the commands of the same cardinals, from the present time, as from the same day, being deprived of such offices, and also considered as unfit in future to obtain those and other offices of the Roman court, and they themselves being thus deprived of the offices, [let them take care, announce, decree, and declare, as we do,] that those offices being vacant by privation, be sold by our datarius,^[4] and may be purchased freely and lawfully by any proper persons soeyer at a suitable price, by our authority; notwithstanding any constitutions and apostolical ordinances soeyer, and the statutes of the penitentiary, and courts, as also of the aforesaid tribunals, eyen though strengthened by an oath, &c.; [notwithstanding also] all privileges, indults, and apostolic letters granted to them, and to the aforementioned officials and tribunals under any tenor or forms soeyer, and with what clauses, and decrees soever, even by a mottis proprius or after any other manner. By all which, &c., we this time most absolutely abrogate their tenor, &c., and we desire that they should not be, by any means, vlaid in opposition to what is here set forth.

Thus it seems good to us by our first special motion.

Given at Rome, at Saint Mark's, on the 4th nones of August, ^[5] in the fifth year.

 

1. Pœnitentiaria: the Roman tribunal over which an ecclesiastic presided, called the Pœnitentiarius major. To this functionary was assigned the office of deciding cases reserved for the bishops. The dignity is said to have been instituted in cathedral churches by the Council of Trent, Sess. xxiv. cap. 8, Sess. xiv. cap. 7. See Du Cange, Gloss. 8. v. Pœnteniariua major.
2. See Du Cange. vol. vi. p. 1549, sqq.
3. Harum serie.
4. The datarius is the chief officer of the Roman chancery, always at prelate, and sometimes a cardinal, so called from the letters issued, to which he adds the form, "given at Rome," &c. Du Cange, vol. ii. p. 1313.
5. Aug. 2nd.