Canons and Decrees of the Council of Trent/Session XXIV/Reformation

by the Council of Trent

DECREE CONCERNNING REFORMATION.

The sacred and holy synod, pursuing the subject of Reformation, decrees that the things following be ordained in the present session.

CHAPTER I.

The Rule for the Proeeeding to the Creation of Bishops and Cardinals.

If, as regards all maimer of degrees soever in the Church, provident and judicious care is to be taken, that in the house of the Lord there be nothing disorderly, nothing preposterous; much more earnestly ought we to strive that no error be committed in the election of him, who is constituted above all those degrees. For the state and order of the whole household of the Lord will totter, if what is required in the body be not found in the head. Hence, although the holy synod has elsewhere usefully ordained certain things touching those to be promoted to cathedral and superior churches, yet doth it account this office to be of such a nature, as that were men to ponder upon it in proportion to its greatness, there would never seem to have been caution enough taken. Wherefore it ordains, that, as soon as a church shall become vacant, supplications and prayers shall be made in public and private; and such shall be enjoined, by the chapter, throughout the city and diocese; that thereby both clergy and people may be able to obtain from God a good pastor. And as regards all and each of those who have, in any way, any right from the Apostolic See, or who otherwise have their part in the promotion of those to be set over [churches]; the holy synod, without making any change herein, from a consideration of present circumstances, exhorts and admonishes them, that they above all things be mindful that they cannot do anything more advantageous to the glory of God, and the salvation of the people, than if they study to promote good pastors, and such as are competent to govern a church; and that they commit a deadly sin, becoming partakers in other men's sins, unless they take diligent care that those be set over [the churches], whom they themselves judge most worthy and most useful to the church, not being guided by entreaties, or human affection, or the solicitations of canvassers, but by what the merits of the persons themselves demand at their hands; and that they be persons whom they know to have been born in lawful wedlock, and who, by their life, age, learning, and all other qualifications, are such as are required according to the sacred canons, and the decrees of this Synod of Trent. And insomuch as, by reason of the diversity of nations, people, and manners, a uniform, system cannot be adopted everywhere, in receiving the grave and competent testimony of good and learned men touching the aforesaid qualifications, the holy synod commands, that, in a provincial synod, to be held by the metropolitan, there shall be prescribed for each place and province a proper form of examination, scrutiny, or information, such as shall seem to be most useful and convenient for the said places, to be approved by the discretion of the most holy Roman Pontiff; yet so, however, that, after that this examination or scrutiny, as concerns the person to be promoted, shall have been completed, it shall, after having been reduced into the form of a public document, be by all means transmitted, as soon as possible, with the whole attestation and profession of faith made by him,^[1] to the most holy Roman rontiff, to the end that the said Sovereign Pontiff, having a full knowledge of the whole matter and of the persons, may, to the advantage of the Lord's flock, in a more useful manner provide for the churches out of their number,^[2] if, by examination or scrutiny, they shall have been found competent persons. And all the scrutinies, informations, attestations, and proofs, of what kind soever, and by whomsoever made, even though in the Roman court, touching the qualifications of the person to be promoted, shall be diligently examined by a cardinal, who shall be bound to report^[3] thereon to the consistory, and by three other cardinals; and the said report shall be confirmed by the signature of the cardinal who gave the report, and of the three other cardinals; in the which the four cardinals shall each make affirmation that, after bestowing diligent attention thereon, he has found the persons to be promoted, endowed with the qualifications required by law, and by this holy synod, and that, at the peril of his eternal salvation, he doth certainly consider them competent to be placed over the churches; in such wise that, after the report has been made in one consistory, to the end that the said inquiry may be more maturely considered in the mean time, the sentence shall be deferred until another consistory, unless it shall seem expedient to the most blessed Pontiff to act otherwise. And [the synod] decrees, that all and each of the particulars which have been elsewhere ordained, in the same synod, touching the life, age, learning, and other qualifications of those who are to be promoted to be bishops, the same are also to be required in the creation of cardinals of the holy Roman Church, even though they be deacons; whom the most holy Roman Pontiff shall, as far as can conveniently be done, choose out of all the nations of Christendom, as he shall find persons competent. Finally, the same holy synod, moved by the so many most grievous difficulties of the Church, cannot avoid calling to mind, that nothing is more necessary for the Church of God than that the most blessed Roman Pontiff apply especially here to that solicitude, which, by the duty of his office, he owes to the Universal Church; that he take unto himself, to wit as cardinals, men the most select only, and that he set over each church, above all things, good and competent pastors; and this the more, for that our Lord Jesus Christ will require at his hands the blood^[4] of those sheep of Christ which shall perish through the evil government of pastors who are negligent, and forgetful of their office.

CHAPTER II.

Provincial Synods shall he celebrated every Third Year; Diocesan Synods every Year: who are to convoke, and who to be present at them.

Provincial councils, wheresoever they have been omitted, shall be renewed, for the regulating of morals, the correcting of excesses, the settling of controversies, and for the other matters allowed by the sacred canons. Wherefore, the metropolitans in person, or if they be lawfully hindered, the oldest suffragan bishop, shall not omit to assemble a synod, each in his own province, within a year at latest from the termination of the present council, and thenceforth, at least every third year, either after the octave of the Resurrection of our Lord Jesus Christ, or at some other more convenient time, according to the custom of the province; at which [council] all the bishops and others, who, by right or custom, ought to be present thereat, shall be by all means bound to assemble, those excepted who would have to cross the sea at their imminent peril. Nor shall the bishops of the province for the future be compelled, under the pretext of anycustom soever, to repair to the metropolitan church against their will. Those bishops, likewise, who are not subject to any archbishop, shall once for all choose some neighbouring metropolitan, at whose provincial synod they shall be bound to be present with the other [bishops], and shall observe, and cause to be observed, whatsoever shall be ordained therein. In all other matters, their exemption and privileges shall remain whole and entire.

Diocesan synods also shall be celebrated every year; to which all, even those who are exempted, but who otherwise, that exemption ceasing, ought to attend, and who are not subject to general chapters, shall be bound to come; it being understood however that, in the case of parochial, or other secular churches, even though annexed, those who have charge thereof, whosoever they may be, must needs be present at the said synod. But if any, whether metropolitans or bishops, or the others above mentioned, shall be negligent in these matters, they shall incur the penalties ratified by the sacred canons.

CHAPTER III.

In what Manner Visitation is to be made by Prelates.

Patriarchs, primates, metropolitans, and bishops shall not omit to visit their own respective dioceses, either personally, or, if they be lawfully hindered, by their vicar-general, or visitor; if they shall not be able to visit the whole annually, on account of its extent, they shall visit at least the greater part thereof, so that the whole shall be completed in two years, either by themselves, or by their visitors. Metropolitans, however, even after having completely visited their own proper diocese, shall not visit the cathedral churches, or the dioceses of the bishops of their province, except for a cause known and approved of in the provincial council. But archdeacons, deans, and other inferiors, shall henceforth visit those churches, in which they have been hitherto accustomed lawfully to exercise visitations; but by themselves only, with the consent of the bishop, and assisted by a notary. The visitors also who may be deputed by a chapter, where the chapter has the right of Visitation, shall first be approved by the bishop; but the bishop, or, if he be hindered his visitor, shall not thereby be prevented from visiting those same churchesa part from them; and the said archdeacons, and other inferiors, shall be bound to give [the bishop] an account, within a month, of the visitation that has been made, and to show him the depositions of witnesses, and the entire proceedings; any custom, even though immemorial, and any exemptions and privliges soever, not withstanding. But the principal object ox all these visitations must be to introduce sound and orthodox doctrine, by banishing heresies; to maintain good morals, and to correct evil ones; to incite the people, by exhortations and admonitions, unto religion, peace, and innocence; and to establish such other things as, according to the prudence of the visitors, shall seem for the profit of the faithful, as time, place, and opportunity shall allow. And to the end that all these matters may have a more easy and prosperous issue, all and each of the aforesaid, whom the right of visitation concerns, are admonished that they treat all persons with fatherly tenderness and Christian zeal; and therefore being content with a modest train of horses and servants, they shall strive to complete the said visitation as speedily as possible, yet with due diligence. And they shall meanwhile be careful not to be grievous or burthensome to any one by any useless expenses; and neither they, nor any of theirs, shall, by way of agency fee^[5] for the visitation, or, on account of wills made for pious uses, except that which is due to them of right out of pious bequests, or under any other name soever, receive anything, either money, or present, of what kind soever, or in what way soever offered; any custom, even though immemorial, notwithstanding; with the exception, however, of food, which shall be furnished frugally and in moderation to them and theirs, only during the necessary period, and no longer. It shall, however, be at the option of those who are visited, to pay, if they prefer it, in a fixed assessment of money,^[6] what they have been heretofore accustomed to pay, or to furnish the food aforesaid; saving also the right of ancient conventions entered into with monasteries, or other pious places, or churches not parochial, which shall remain inviolate. But, in those places or provinces, where it is the custom that neither food, nor money, nor anything else be received by the visitors, but that all be done gratuitously, the same shall there be retained. But if any one, which far be it, shall presume to receive anything more than is prescribed in any of the cases above mentioned; besides the restitution of double the amount, to be made within a month, he shall also be mulcted, without any hope of pardon, in the other penalties contained in the constitution of the general Council of Lyons, which begins, Exigit; as also in the other penalties [enacted] in the provincial synod, at the discretion of that synod. But patrons shall not presume in any way to interfere in those things which regard the administration of the sacraments; nor shall they mix themselves up with the visitation of the ornaments of the church, or its revenues arising from landed property, or from the rental of buildings,^[7] excepting so far as they are competent to do this by the institution, or foundation; but the bishops shall themselves attend to these things, and shall take care that the revenues of those buildings be expended upon purposes necessary and useful for the church, as shall to them seem most expedient.

CHAPTER IV.

By whom, and when, the Office of Preaching is to he discharged. The Parish Church to be frequented in order to hear the Word of God. No one shall Preach in opposition to the Will of the Bishop.

The holy synod desirous that the office of preaching, which peculiarly appertains to bishops, may more frequently be exercised for the welfare of the faithful, in accommodating more aptly to the use of the present times the canons elsewhere set forth on this subject, under Paul III., of happy memory, ordains, that the bishops shall themselves in person, each in his own church, announce the sacred Scriptures and the divine law, or, if they shall be lawfully hindered, by those whom they shall appoint to the office of preaching; and in the other churches by the parish priests, or, they being hindered, by others to be deputed by the bishop, whether in the city, or in any other port soever of the diocese wherein they shall judge it to be expedient, at the charge of those who are bound, or who are accustomed to defray it, and this at least on all Lord's days and solemn festivals; but, during the season of the feasts, of Lent and of the Advent of our Lord, daily, or at least on three days in the week, if [the said bishops] shall deem it to be needful; and, at other times, as often as they shall judge that it can opportunely be done. And the bishop shall diligently admonish the people, that each one is bound to be present at his own parish church, where that can be conveniently done, to hear the word of God. But no one, whether secular or regular, shall presume to preach, even in churches of his own order, in opposition to the will of the bishop. The said [bishops] shall also take care, that, at least on the Lord's days and other festivals, the children in every parish be diligently taught the rudiments of the faith, and obedience towards God and their parents, by those whom it concerns, and, if need be, they shall constrain them even by ecclesiastical censures; any privileges and customs notwithstanding. In other respects, those things which were decreed under the said Paul III., concerning the office of preaching, shall have their proper force.

CHAPTER V.

Of Criminal Causes against Bishops the Greater Ones shall be taken cognizance of by the Sovereign Pontiff only, the Lesser by the Provincial Council.

The more grave criminal causes against bishops, even of heresy, which far be it! which are deserving of deposition or deprivation, shall be taken cognizance of and decided by the Sovereign Roman Pontiff himself only. But if the cause shall be of such a nature that it must necessarily be committed out of the Roman Court, it shall not be committed to any others soever, but to metropolitans, or bishops, to be chosen by the most blessed Pope. And this commission must both be special, and signed by the most holy Pontiff's own hand; nor shall he ever grant more to them than this; that they take information only of the fact, and draw up the process, which they shall straightway transmit to the Roman Pontiff; the definitive sentence being reserved to the said most holy [Pontiff]. The other things elsewhere decreed hereupon, under Julius III., of happy memory, as also the constitution [published] in a genem council under Innocent III., which begins, Qualiter et quando, which the holy synod renews in this present decree, shall be observed by all.

But the lesser criminal causes of bishops shall be taken cognizance of and decided in the provincial council only, or by persons to be deputed thereunto by the provincial council

CHAPTER VI.

Power is given to the Bishops touching Dispensations in Cases of Irregularity and Suspension, and Absolution from Crimes.

It shall be lawful for the bishop to dispense in all manner of irregularities and suspensions, arising from a secret crime, except that which arises from wilful homicide, and those crimes which have already been carried before a judicial^[8] tribunal; and [it shall be lawful for them], in their own diocese, either of themselves, or by a vicar to be deputed especially for that purpose, to absolve gratuitously, as far as the court of conscience is concerned,^[9] having imposed a salutary penance, all delinquents soever their subjects, in all secret cases soever, even though reserved for the Apostolic See. The same also, as regards the crime of heresy, shall be permitted in the said court of conscience, but to them only, and not to their vicars.

CHAPTER VII.

The Virtue of the Sacraments shall, before it be administered to the People, be explained by Bishops and Parish Priests. During the Solemnization of Mass, the Sacred Pages shall be explained.'

To the end that the faithful people may approach to the receiving of the sacraments with greater reverence and devotion of mind, the holy synod enjoins on all bishops, that, not only when they shall themselves be about to administer them to the people, they shall first explain, in a manner suited to the capacity of the recipients, the effect and use of those [sacraments], but shall endeavour that the same conduct be observed piously and prudently by every parish priest; and this even in the vulgar tongue, if need be, and it can conveniently be done, according to the form to be prescribed for each of the sacraments, by the holy synod, in a catechism which the bishops shall take care to have faithfully translated into the vulgar tongue, and to have expounded to the people by all parish priests; as also that, during the solemnization of mass, or the celebration of the divine offices, they explain, in the said vulgar tongue, on all festivals, or solemnities, the sacred oracles, and the maxims of salvation; and that, setting aside oil unprofitable questions, they endeavour to insinuate them into the hearts of all, and to instruct them in the law of the Lord.

CHAPTER VIII.

Public Sinners shall do Penance publicly, unless the Bishop shall determine otherwise. A Penitentiary to be instituted in Cathedral Churches.

The apostle admonishes that those who sin publicly are to be rebuked openly.^[10] When therefore any one has committed a crime, publicly and in the sight of many, whereby there is no doubt that others have been offended and disturbed by a scandal; upon him there must needs be publicly imposed a penance fitting the measure of his guilt; that so those whom, by his example, he has allured to evil manners, he may bring back to an upright life by the testimony of his amendment. The bishop, however, may, when he shall judge it to be more expedient, commute this kind of public penance into one that is secret. Likewise, in all cathedral churches, where it can conveniently be done, a penitentiary shall be appointed by the bishop, with the prebend that shall next become vacant annexed, which penitentiary shall be a master, or doctor, or licentiate in theology, or in canon law, and forty years of age, or another who shall be found more suitable considering the character of the place; who, whilst hearing confessions in the church, shall meanwhile be reputed as present in choir.

CHAPTER IX.

By whom Secular Churches, not belonging to any Diocese, ought to be visited.

Those things which have elsewhere been ordained by this same council, under Paul III., of happy memory, and lately under our most blessed lord Pius IV., touching the diligence to be employed by the ordinaries in the visiting of benefices, even though exempted, the same shall also be observed in regard to those secular churches which are said to be in no one's diocese; that they shall be visited by the bishop, as the delegate of the Apostolic See, whose cathedral church is the nearest, if it be possible; otherwise, by him who has been once for all selected by the prelate of the said place in the provincial council; any privileges and customs soever, even though immemorial, notwithstanding.

CHAPTER X.

The Performance of Visitation it not to be suspended by those subject.

Bishops, to the end that they may be the better able to keep the people whom they rule in duty and obedience, shall, in all those things which concern visitation and correction of manners, have the right and power, even as delegates of the Apostolic See, of ordaining, regulating, punishing, and executing, in accordance with the enactments of the canons, in those matters which, in their prudence, shall seem to them necessary for the amendment of their subjects, and for the advantage of their respective dioceses. Nor herein, when visitation, or correction of manners is concerned, shall exemption, or any inhibition, appeal, or complaint, even though interposed unto the Apostolic See, in any way hinder, or suspend the execution of those things which shall have been by them commanded, decreed, or adjudged.

CHAPTER XI.

Honorary Titles, or Particular Privileges, shall not detract in any way from the Right of Bishops. The chapter, Quum capella, concerning Privileges, is renewed.

Insomuch as the privileges and exemptions which, under various titles, are granted to very many persons, are clearly found to raise, in these days, disturbance in the jurisdiction of bishops, and to give to those exempted occasion for a more relaxed life; the holy synod decrees, that, if at any time it shall seem fit, for just, weighty, and well nigh necessary causes, that certain persons be distinguished by the honorary titles of Protonotary, Acolyte, Count Pabtine, Royal Chaplain, or other such titles of distinction, whether in the Roman Court or elsewhere; as also that others be admitted into monasteries as Oblates, or as thereunto attached in some other way, or under the name of servants to military orders, monasteries, hospitals, colleges, or under any other title soever; nothing is to be understood as being, by these privileges, taken away from the ordinaries, so as to prevent those persons, to whom those things have already been granted, or to whom they may be hereafter happen to be conceded, from being fully subject in all things to the said ordinaries, as delegates of the Apostolic See, and this as regards Royal Chaplains, according to the constitution of Innocent III., which begins Quum capella: those persons, however, being excepted, who in the aforesaid places are engaged in actual service, or in military orders, and who reside within their enclosures and houses, and live under obedience to them; as also those who have made their profession lawfully and according to the rules of the said military orders, touching which the ordinary must be certified: any privileges whatsoever, even those of the order of Saint John of Jerusalem, and of other military orders notwithstanding. But, as regards those privileges which, by force of the constitution of Eugenius, are wont to belong to those who reside in the Roman Court, or who belong to the household of cardinals, such [privileges] shall in no wise be understood to apply to those who possess ecclesiastical benefices, in so far as concerns those benefices; but [such persons] shall continue subject to the jurisdiction of the ordinary; any inhibitions to the contrary notwithstanding.

CHAPTER XII.

What Manner of Persons those ought to be who are to be promoted to the Dignities and Canonries of Cathedral Churches: and what those promoted are bound to perform.

Whereas dignities in churches, especially in cathedral ones, were established to preserve and increase ecclesiastical discipline, to the end that those who should obtain them, might be pre-eminent in piety, and be an example to others, and aid the bishop by their exertions and services; it is but reasonable, that those who are called unto those dignities, should be such as to be able to answer the purposes of their office. No one, therefore, shall henceforth be promoted to any dignities soever, to which the cure of souls is attached, unless he have attained at least to the twenty-fifth year of his age, and, having been practised for some time in the clerical order, is recommended by the learning necessary for the discharge of his office, and by integrity of morals, according to the constitution of Alexander III., promulgated in the Council of Lateran, which begins, Quum in cunctis.

Archdeacons also, who are called the eyes of the bishop, shall, in all churches, where it is possible, be masters in theology, or doctors or licentiates in canon law. But, to the other dignities or personates, to which no cure of souls is attached, clerks shall be taken in, who are in other respects competent, and who are not less than twenty-two years of age. Those also who are promoted to any benefices whatsoever having cure of souls, shall, within two mouths at latest from the day of obtaining possession, be bound to make public profession of their orthodox faith in the presence^[11] of the bishop himself, or, if he be hindered, before his vicar-general, or official; and shall promise and swear that they will continue in obedience to the Roman Church. But those who are promoted to canonries and dignities in cathedral churches, shall be bound to do the same not only before the bishop, or his official, but also in the chapter; otherwise all those promoted as aforesaid shall not render the fruits their own; nor shall possession avail them. Nor shall they henceforth receive any one to a dignity, canonry, or portion, but him who has either already been initiated into the sacred order which that dignity, prbend, or portion requires, or is of such an age as to be capable of being initiated into that order, within the time ordained by law and by this holy synod. But as regards all cathedral churches, all canonries and portions shall be attached to the order of the priesthood, deaconship, or subdeaconship; and the bishop, with the advice of the chapter, shall designate and distribute, as it shall seem to be expedient, to which [therefore] each of those respective holy orders is for the future to be annexed; in such wise, however, that one-half at least shall be priests, but the rest deacons, or subdeacons. But where the more praiseworthy custom requires, that the greater part, or all, be priests, it shall by all means be observed. Moreover, the holy synod exhorts that, in provinces where it can conveniently be done,. all the dignities, and at least one-half of the canonries, in cathedral and eminent collegiate churches, be conferred only on masters, or doctors, or even on licentiates in theology, or canon law. Furthermore, it shall not be lawful, by force of any manner of statute or custom soever, for those who possess, in the said cathedral or collegiate churches, any dignities, canonries, prebends, or portions, to be absent from those said churches, above three months in each year; saving, however, the constitutions of those churches which require a longer term of service. Otherwise every one shall, for the first year, be deprived of one half of the fruits which he has made his own by reason even of his prebend and residence. But, if he again display the same negligence, he shall be deprived of all the fruits which he may have gained during that same year; and, the contumacy increasing, such [offenders] shall be proceeded against according to the constitutions of the sacred canons. As regards the distributions, however; those who have been present at the stated hours shall receive them; the rest shall, all collusion and remission soever being set aside, forfeit them, according to the decree of Boniface VIII., which begins, Consuetudinem, which the holy synod again calls into use; any statutes or customs soever to the contrary notwithstanding. And all shall be compelled to perform the divine offices in person, and not by substitutes; as also to attend on and serve the bishop when celebrating [mass]. or performing any other pontifical functions; and reverently, distinctly, and devoutly to praise the name of God, in hymns and canticles, in the choir instituted for psalmody.

They shall, furthermore, at all times make use of a becoming dress, both in and out of church; shall abstain from unlawful hunting, hawking, dancing, taverns, and games; and abound in such integrity of manners, as that they may with justice be called the senate of the Church. As to the other matters, which regard the fitting manner of conducting the divine offices, and the proper way of singing or chanting therein, the fixed regulations for assembling and remaining in choir, as also such things as may be necessary in regard of all the ministers of the church, and any other matters of the like kind; the provincial synod shall prescribe a fixed form on each subject, considering the utility and habits of each province. But, in the meantime, the bishop,—with not less than two canons, one of whom shall be chosen by the bishop, the other by the chapter,—shall be able to provide herein as may seem to be expedient.

CHAPTER XIII.

In what manner Care must he taken for the Power Cathedral and Parish Churches, Parishes to be distinguished by certain Boundaries.

Insomuch as very many cathedral churches have so slight a revenue, and are so small, that they by no means answer to the episcopal dignity, nor suffice for the necessities of the churches; the provincial council, having summoned those whose interests are concerned, shall examine and diligently weigh, what churches it may be expedient, on account of their narrow extent and their poverty, to unite to others in the neighbourhood, or to augment with fresh revenues; and shall send the documents prepared touching the aforesaid to the Sovereign Roman Pontiff; and the Sovereign Pontiff, being thereby informed, shall, of his own prudence, as he may judge to be expedient, either unite together the poor churches, or improve them by some addition derived from the fruits. But in the meantime, until the aforesaid things are carried into effect, provision shall be made by the Sovereign Pontiff for those bishops who, on account of the poverty of their dioceses, need the aid of fruits, out of certain benefices, provided, however, they be not cures, nor dignities, canonries, prebends, nor monasteries in which regular observance is in force, or which are subject to general chapters, or to certain visitors. In parish churches also, the fruits of which are in like manner so small, that they are insufficient to meet the necessary charges, the bishop, if it cannot be managed by a union of benefices, not however those belonging to regulars, shall take care that, by the assignment of first fruits, or tithes, or by the contributions and collections of the parishioners, or in what other way shall seem to him more convenient, as much be amassed as may decently suffice for the necessities of the rector and of the parish. But in whatsoever unions may have to be made, whether for the aforesaid, or for other causes, parish churches shall not be limited to any monasteries soever, or abbeys, or dignities, or prebends of a cathedral or collegiate church, or to any other simple benefices, or hospitals, or military orders; and those so united shall again be taken cognizance of by the ordinaries, according to the decree elsewhere made in this same synod, under Paul III.,^[12] of happy memory, which shall also be equally observed in respect to the unions [made] from that time forth to the present; notwithstanding any form soever of words which may have been used therein, which shall be accounted as being sufficiently expressed here. Furthermore, all those cathedral churches, the revenue of which, in real annual value, does not exceed the sum of one thousand ducats, and those parish churches where it does not exceed the sum of one hundred ducats, shall not for the future be burthened with any pensions, or reservations of fruits. In those cities and places, likewise, where the parish churches have no certain boundaries, neither have their rectors their own proper people to govern, but administer the sacraments to all promiscuously who seek it, the holy synod commands bishops, that for the more perfect security of the salvation of the souls committed to their charge, having divided the people into fixed and proper parishes, they shall assign to each its own perpetual and peculiar parish priest, who may know his own parishioners, and from whom alone they may lawfully receive the sacraments ; or they shall make such other provision as may be more profitable, according as the character of the place may require. And they shall also take care that the same be done, as soon as possible, in those cities and places where there are no parish churches; any privileges and customs, even though immemorial, notwithstanding.

CHAPTER XIV.

That no one be admitted to the Possession of a Benefice, or of Distributions, with a Distribution of the Fruits not to be applied to Pious Uses.

In many churches, as well cathedral as collegiate and parochial, it is understood to be the practice, derived either from their own constitutions, or from some evil custom, that upon any election, presentation, nomination, institution, confirmation, collation, or other provision or admission to the possession of any cathedral church, benefice, canonries, or prebends, or to a participation in the revenues, or the daily distributions, there are introduced certain conditions, or deductions from the fruits, payments, promises, or unlawful compensations, as also the profits which are in some churches called Tumorum lucra.^[13] whereas the holy synod detests these practices, it enjoins on bishops, that they suffer not anything of this kind to be done, unless [the proceeds thereof] be turned to pious uses, nor permit any of those modes of entering [on benefices] which carry suspicion of a simoniacal taint, or of sordid avarice; and they themselves shall carefully take cognizance of their constitutions, or customs in the matters above mentioned; and, those only being excepted which they approve of as laudable, the rest they shall reject and abolish as corrupt and scandalous. And it decrees that those, who act in any way contrary to the things comprised in this present decree, are liable to the penalties set forth against simoniacs by the sacred canons, and various constitutions of the Sovereign Pontiffs, all which this synod renews; any statutes, constitutions, customs, even though immemorial, even though confirmed by the apostolic authority notwithstanding; the bishop, as the delegate of the Apostolic See, shall have power to take cognizance touching any surreption, obreption, or defect of intention, in regard thereof.

CHAPTER XV.

Method of increasing the Slight Prebends of Cathedral and eminent Collegiate Churches.

In cathedral, and eminent collegiate churches where the prebends ore numerous, and so small, that, even with the daily distributions, they are insufficient for the decent maintenance of the rank of the canons, according to the character of the place, and of the persons, it shall be lawful for the bishop, with the consent of the chapter, either to unite thereunto certain simple benefices, not however such as belong to regulars, or, if provision cannot be made in this way they may reduce those prebends to a less number, by suppressing some of them, with the consent of the patron, if the right of patronage belong to laymen, the fruits and proceeds of which shall be applied to the daily distributions of the remaining prebends; in such wise, however, that such a number shall be left as may conveniently answer for the celebration of divine worship, and for the dignity of the church; any constitutions and privileges soever, or any reservation whether general or special, or any application soever notwithstanding. Nor shall the aforesaid unions or suppressions be set aside or hindered by any manner of provision soever, not even by force of any resignation, or by any other derogations or suspensions soever.

CHAPTER XVI.

What Duty devolves upon the Chapter during the Vacancy of a See.

The chapter, when a see is vacant, in those places where the duty of receiving the fruits devolves upon it, shall appoint one or more faithful and diligent stewards to take care of the ecclesiastical property and revenues, of which they shall afterwards give an account to him to whom it may appertain. It shall also be by all means bound, within eight days after the decease of the bishop, to appoint an official, or vicar, or to confirm the existing one; who shall at least be a doctor, or a licentiate, of canon law, or otherwise as competent a person as can be found. If the contrary be done, such appointment shall devolve on the metropolitan. And if the church be itself the metropolitan, or exempted, and the chapter shall be, as has before been said, negligent, then the oldest of the suffragans in that metropolitan, and the nearest bishop in that [church] that is exempted, shall have power to appoint a competent steward and vicar. And the bishop, who is promoted to the said vacant church, shall require, from the said steward, vicar, and all other officers and administrators, who during the vacancy of the see, were, by the, chapter, or others, appointed in his room, even though they should belong to the chapter itself, an account of those things which concern him, touching their Auctions, jurisdiction, administration, or of any other their office soever; and shall be able to punish those who have been guilty of delinquency in their office or administration, even though the officials aforesaid, having given in their accounts, may have obtained an absolution or discharge from the chapter, or those deputed thereby. The chapter shall also be bound to render an account to the said bishop of any papers belonging to the church, if any such have come into the possession of the chapter.

CHAPTER XVII.

Limit is set to the conferring or retention of more than One Benefice.

Whereas ecclesiastical order is perverted when one clerk fills the offices of several, it has been holily provided by the sacred canons that no one ought to be enrolled in two churches. But insomuch as many, through the passion of wicked covetousness, deceiving themselves, not God, blush not to elude, by various artifices, those things which have been so excellently ordained, and to hold several benefices at the same time; the holy synod, desiring to restore the discipline required for the government of the church, doth by this present decree, which it commands to be observed in regard of all persons soever, by what title soever they be distinguished, even though it be by the dignity of the cardinalate, ordain, that, for the future, one ecclesiastical benefice only shall be conferred on one and the same person. If indeed that be not sufficient to afford a decent livelihood to the person on whom it is conferred, it shall then be lawful to bestow on him some other simple benefice that may be sufficient; provided that both do not require personal residence. And this shall hold good not only as touching cathedral churches, but also all other benefices soever, whether secular or regular, even those held in commendam, of what title and quality soever they may be. But they who at present hold several parochial churches, or one cathedral and one parochial church, shall be absolutely obliged, all dispensations soever and unions for life notwithstanding, retaining one parochial church only, or the cathedral church alone, to resign the other parochial churches within the space of six months. Otherwise, as well the parish churches, as also all the benefices which they hold, shall be accounted by the very fact void, and as void shall be freely conferred on other competent persons; nor shall they who previously held them be able to retain the fruits thereof, with a safe conscience, after the said time. But the holy synod desires that provision be made in some convenient maimer, as may seem fit to the Sovereign Pontiff, for the necessities of those resigning.

CHAPTER XVIII.

Upon a Parish Church becoming vacant, a Vicar is to be deputed thereunto by the Bishop, until it be provided with a Pariah Priest. In what Form and by whom those nominated to Parochial Churches ought to be examined.

It is most especially expedient for the salvation of souls, to be governed by worthy and competent parish priests. To the end that this may more diligently and rightly be accomplished, the holy synod ordains, that when a vacancy [occurs] in a parish church, whether by death, or by resignation, even in the Roman Court, or in any other manner soever, though it may be alleged that the charge devolves on the church [itself], or on the bishop, and though it may be administered by one or more priests, and this even in the case of those churches called patrimonial, or receptive, in which the bishop has been accustomed to assign the cure of souls to one or more, all of whom [this synod] commands to be subjected to the examination herein prescribed later, even though the said parish church happen to be reserved, or appropriated, whether generally or specially, even by force of an indult, or privilege granted in favour of cardinals of the holy Roman Church, or of certain abbots, or chapters; it shall be the duty of the bishop, at once, upon gaining information of the vacancy of the church, to appoint, if need be, a competent vicar to the same, with a suitable assignment, at his own discretion, of a portion of the fruits, that he may support the duties of the said church, until it be provided with a rector. Moreover, the bishop, and he who has the right of patronage, shall, within ten days, or some other term, to be prescribed by the bishop, nominate, in the presence of those to be deputed as examiners, certain clerks as competent to govern the said church. It shall, nevertheless, be free for others also, who may know any that are fit for that office, to give in their names, that a diligent scrutiny may afterwards be made touching the age, morals, and sufficiency of each. And, if it shall seem more expedient to the bishop, or the provincial synod, according to the custom of the country, those who may wish to be examined may be summoned by a public edict. When the time appointed has transpired, all those who have been entered on the list shall be examined by the bishop, or, if he be hindered, by his vicar-general, and by the other examiners, not fewer than three; to whose votes, if they should be equal, or given to distinct parties,^[14] the bishop, or his vicar, may add [their casting vote] in favour of whomsoever they shall think most fit. And as regards the examiners, six at least shall be annually proposed by the bishop, or by his vicar, in the diocesan synod; who shall satisty, and be approved of by the synod. And upon any vacancy happening in any church, the bishop shall choose three out of that number to make the examination with him; and afterwards, upon another vacancy following, he shall select, out of the six aforesaid, either the same, or three others, whom he may prefer. But the said examiners shall be masters, or doctors, or licentiates in theology, or in canon law, or such other clerks, whether regulars, even of the order of mendicants, or even seculars, as shall seem most competent thereunto; and they shall all swear on the holy Gospels of Glory that they will, every human affection set aside, faithfully perform their duty. And they shall beware of receiving anything whatever, either before or after, on account of this examination; otherwise, both themselves and the parties giving [such gratuities] will incur the guilt of simony, from which they shall not be capable of being absolved, until after they have resigned the benefices of which they were possessed in any manner soever, even before; and they shall be rendered incapable of any others for the future. And in regard to all these matters, they shall be bound to render an account, not only before God but also, if need be, to the provincial synod, by which, at its discretion, if it be ascertained that they have done anything contrary to their duty, they shall be liable to be severely punished. Then, after the examination is completed, report shall be made of all those who shall have been judged, by the said [examiners], competent by age, morals, learning, prudencey and other suitable qualifications, to govern the vacant church. And out of these shall the bishop select him. whom he shall judge more competent than the rest; and to him, and to none other, shall the church be collated by him unto whom it belongs to collate thereunto. But if the church be under ecclesiastical patronage, and the institution [thereunto] belong to the bishop, and not to another, he, whom the patron shall judge the most worthy from amongst those approved of by the examiners, shall be presented to the bishop, that he may be instituted by him. But when the institution is to be made by any other than the bishop, then the bishop alone shall choose the worthiest from amongst the worthy, whom the patron shall present to him whom the institution concerns. But if it be under lay patronage, the person who shall be presented by the patron, must be examined, as above, by those deputed, and not be admitted, unless he be found fit. And, in all the above-mentioned cases, to none other but to one of those who have been examined as aforesaid, and have been approved by the examiners, according to the aforesaid rule, shall the care of the church be committed, nor shall any devolution, or appeal, even interposed before the Apostolic See, or the legates, vice-legates, or nuncios of that same see, or before any bishops, or metropolitans, primates, or patriarchs, hinder or suspend the report of the aforesaid examiners from being carried into execution: for the rest, the vicar whom the bishop has, at his own discretion, already for the time being deputed to the vacant church, or whom he may perhaps afterwards depute thereunto, shall not be removed from the charge and administration of the said church, until it be provided for, either by [the appointment of] the same [vicar], or of another person, who has been approved and elected as above. All provisions or institutions made otherwise than according to the aforesaid form, shall be accounted surreptitious: any exemptions, indults, privileges, preventions, appropriations, new provisions, indults granted to any universities soever, even for a certain sum, and any other impediments soever, in opposition to this decree, notwithstanding.

If, however, the said parish churches should possess so slight a revenue, that it allow not of the trouble of all this examination; or should there be no one who seeks to subject himself to this examination; or if, by reason of the open factions, or dissensions, which are found in some places, more grievous quarrels and tumults may easily be excited; the ordinary, omitting this formality, if, in his conscience, with the advice of the [examiners] deputed, it shall seem to be expedient, may have recourse to a private examination, observing, however, the other things as above. It shall also be lawful for the provincial synod, if it shall account that there are any matters to be added to, or retrenched from, the above regulations touching the form of examination, to provide accordingly.

CHAPTER XIX.

Mandates "de providendo," Expectatives, and other Things of the Like Kind are abrogated.

The holy synod decrees, that mandates "de providendo,"^[15] and those graces which are called expectant,^[16] shall no more be granted to any one, not even to colleges, universities, senates, or to any individuals soever, even though under the name of an indult, or up to a certain sum, or under any other colourable pretext; nor shall it be lawful for any one to make use of such as have been heretofore so granted. In like manner, neither shall any mental reservations,^[17] nor any other graces soever in regard of future vacancies in benefices, nor indults [which apply] to churches belonging to others, or to monasteries, be panted to any, not even to cardinals of the holy Roman Church; and those hitherto granted shall be looked upon as abrogated.

CHAPTER XX.

The Manner of conducting Causes appertaining to the Ecclesiastical Court is prescribed.

All causes in any way belonging to the ecclesiastical court, even though they may relate to benefices, shall, in the first instance, be taken cognizance of, before the ordinaries of the places only; and shall be completely terminated within two years at latest from the time that the suit was commenced: otherwise, after that time, it shall be free for the parties, or for either of them, to have recourse to superior, but otherwise competent, judges, who shall take up the cause as it shall then stand, and shall take care that it be terminated as soon as possible; nor, before then, shall [the causes] be committed to any others,^[18] nor be transferred therefrom; nor shall any appeals interposed by the same parties be received by any superior [judges] soever; nor shall any commission, or inhibition be issued by them, except upon a definitive, or one that has the force of a definitive sentence, and the grievance arising from which cannot be redressed by an appeal from that definitive [sentence]. Prom these are to be excepted those causes, which, according to the canonical appointments, are to be tried before the Apostolic See, or those which the Sovereign Roman Pontiff shall, for an urgent and reasonable cause, judge fit to commission, or to avocate, for his own hearing, by a special rescript under the signature of his Holiness, signed with his own hand. Furthermore, matrimonial and criminal causes shall not be left to the judgment of a dean, archdeacon, or of other inferiors, even when on their course of visitation, but shall be left for the examination and jurisdiction of the bishop only; even though there should at present be a suit pending, in what stage soever of the proceedings it may be, between any bishop, and the dean, or archdeacon, touching the cognizance of this class of causes: and if, in his presence, one of the parties shall truly prove his poverty, he shall not be compelled to plead out of the province, either in the second or third stage of the suit, in any said matrimonial cause, unless the other party be willing to provide for his maintenance, and also for the expenses of the suit. Legates also, even though de latere, nuncios, ecclesiastical governors, or others, shall not only not presume, by force of any powers soever, to hinder bishops in the causes aforesaid, or in any wise to forestall or disturb their jurisdiction, but they shall not even proceed against clerks, or other ecclesiastical persons, until the bishop has been first applied to, and has proved negligent. Otherwise their proceedings and ordinances shall be of no avail, and they shall be bound to make satisfaction to the parties for the damages brought upon them. Furthermore, if any individual should appeal in those cases allowed of by law, or lodge a complaint touching any grievance, or otherwise have recourse, as aforesaid, to a judge, on account of two years having elapsed, he shall be bound to transfer, at his own expense, to the judge of appeal, all the acts of the Proceedings that have been carried on before the bishop, having, however, previously apprized the said bishop; that so, if anything seem fit to him touching the information pertaining to the suit, he may signify it to the judge of appeal. But if the appellee shall appear, then shall he also be bound to bear his proportion of the costs of the acts transferred, provided that he wish to make use thereof: unless it be the custom of the place to act otherwise, to wit, that this entire burden fall upon the appellant. Moreover, the notary shall be bound to furnish the appellant, upon payment of a suitable fee, with a copy of the proceedings as soon as possible, and within a month at latest. And should that notary be guilty of fraud in delaying the furnishing such copy, he shall be suspended from the exercise of his office, at the discretion of the ordinary, and be condemned to pay double the costs of the suit, to be divided between the appellant and the poor of the place. But if the judge also should himself be cognizant of, or an accomplice in, this delay, or if he shall in any other way raise obstacles to prevent the entire proceedings being delivered over to the appellant within that term, he shall be subjected to the same penalty of paying double [the costs], as above; notwithstanding, as regards all the aforesaid matters, any privileges, indults, agreements, which only bind the authors thereof, and any other customs soever.

CHAPTER XXI.

It is declared that, by certain Words previously used, the usual Manner of treating Business in General Councils is not changed.

The holy synod, being desirous that no occasion of doubting may, at any future period, arise out of the decrees which it has published, in explanation of the words contained in a decree published in the first session under our most blessed lord Pius IV., to wit, "which, the legates and presidents proposing, shall to the said holy synod appear fitting and proper for alleviating the calamities of these times, settling the controversies touching religion, restraining deceitful tongues, correcting the abuses of depraved morals, and procuring for the church a true and Christian peace," declares that it was not its intention, that, by the aforesaid words, the usual manner of treating matters in general councils should be in any respect changed; or that anything new, besides that which has been heretofore ordained by the sacred canons, or by the form of general councils, should be added to, or taken from, any one.

 

1. I. e. the person to be promoted.
2. "De illis," unless "illis" refers to "ecclesiis."
3. Rlelationem facturus erit.
4. Ezek. iii. 18.
5. Procurationis causa.
6. Certa pecunia taxata.
7. Fabricarum proventibus.
8. Contentiosum.
9. In foro conscientiæ.
10. 1 Tim. V. 20.
11. Lit. "in the hands."
12. See Sess, vii. de ref. c. 6.
13. These seem to have been certain perquisites attached to the office of the Turnarius, or Hebdomadarius. The word "turnus" was used in a variety of senses, more or less analogous to the English and French cognates. See Du Cange, and Carpenter's Supplement.
14. Singulares
15. I. e. mandates given by the pope to bishops, recommending the promotion of a certain person to a vacant benefice.
16. I.e. directions to promote a certain person to the first vacant benefice.
17. When no person was named in the order for promotion to the first vacant benefice, the commissions were called mental reservations, See Du Cange, vol. v. p. 1856, who gives a concise history of the whole subject of "reservatio."
18. I. e. than the ordinaries.