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The Council of Trent
The Twenty-Fourth Session
The canons and decrees of the sacred
and oecumenical Council of Trent,
Ed. and trans. J. Waterworth (London: Dolman, 1848), 192-232.

Hanover Historical Texts Project
Scanned by Hanover College students in 1995.
The page numbers of Waterworth's translation appear in brackets.




[Page 193]

SESSION THE TWENTY-FOURTH,

Being the eighth under the Sovereign Pontiff, Pius IV., celebrated on the
eleventh day of November, MDLXIII.



DOCTRINE ON THE SACRAMENT OF MATRIMONY

The first parent of the human race, under the influence of the divine Spirit,
pronounced the bond of matrimony perpetual and indissoluble, when he said; This
now is bone of my bones, and flesh of my flesh. Wherefore a man shall leave
father and mother, and shall cleave to his wife, and they shall be two in one
flesh. But, that by this bond two only are united and joined together, our Lord
taught more plainly, when rehearsing those last words as having been uttered by
God, He said, therefore now they are not two, but one flesh; and straightway
confirmed the firmness of that tie, proclaimed so long before by Adam, by these
words; What therefore God hath joined together, let no man put asunder. But, the
grace which might perfect that natural love, and confirm that indissoluble
union, and sanctify the married, Christ Himself, the institutor and perfecter of
the venerable sacraments, merited for us by His passion; as the Apostle Paul
intimates, saying: Husbands love your wives, as Christ also loved the Church,
and delivered himself up for it; adding shortly after, This is a great
sacrament, but I speak in Christ and in the Church. Whereas therefore matrimony,
in the evangelical law, excels in grace, through Christ, the ancient marriages;
with reason have our holy Fathers, the Councils, and the tradition of the
universal Church, always taught, that it is to be numbered amongst the
sacraments of the new law; against which, impious men of this age raging, have
not only had false notions touching this venerable sacrament, but, introducing
according to their wont, [Page 194] under the pretext of the Gospel, a carnal
liberty, they have by word and writing asserted, not without great injury to the
faithful of Christ, many things alien from the sentiment of the Catholic Church,
and from the usage approved of since the times of the apostles; the holy and
universal Synod wishing to meet the rashness of these men, has thought it
proper, lest their pernicious contagion may draw more after it, that the more
remarkable heresies and errors of the above-named schismatics be exterminated,
by decreeing against the said heretics and their errors the following anathemas.



ON THE SACRAMENT OF MATRIMONY.

CANON I.-If any one saith, that matrimony is not truly and properly one of the
seven sacraments of the evangelic law, (a sacrament) instituted by Christ the
Lord; but that it has been invented by men in the Church; and that it does not
confer grace; let him be anathema.

CANON II.-If any one saith, that it is lawful for Christians to have several
wives at the same time, and that this is not prohibited by any divine law; let
him be anathema.

CANON III.-If any one saith, that those degrees only of consanguinity and
affinity, which are set down in Leviticus, can hinder matrimony from being
contracted, and dissolve it when contracted; and that the Church cannot dispense
in some of those degrees, or establish that others may hinder and dissolve it ;
let him be anathema.

CANON IV.-If any one saith, that the Church could not establish impediments
dissolving marriage; or that she has erred in establishing them; let him be
anathema.

CANON V.-If any one saith, that on account of heresy, or irksome cohabitation,
or the affected absence of one of the parties, the bond of matrimony may be
dissolved; let him be anathema.

[Page 195] CANON VI.-If any one saith, that matrimony contracted, but not
consummated, is not dissolved by the solemn profession of religion by one of the
married parties; let him be anathema.

CANON VlI.-If any one saith, that the Church has erred, in that she hath taught,
and doth teach, in accordance with the evangelical and apostolical doctrine,
that the bond of matrimony cannot be dissolved on account of the adultery of one
of the married parties; and that both, or even the innocent one who gave not
occasion to the adultery, cannot contract another marriage, during the life-time
of the other; and, that he is guilty of adultery, who, having put away the
adulteress, shall take another wife, as also she, who, having put away the
adulterer, shall take another husband; let him be anathema.

CANON VIII.-If any one saith, that the Church errs, in that she declares that,
for many causes, a separation may take place between husband and wife, in regard
of bed, or in regard of cohabitation, for a determinate or for an indeterminate
period; let him be anathema.

CANON IX.-If any one saith, that clerics constituted in sacred orders, or
Regulars, who have solemnly professed chastity, are able to contract marriage,
and that being contracted it is valid, notwithstanding the ecclesiastical law,
or vow; and that the contrary is no thing else than to condemn marriage; and,
that all who do not feel that they have the gift of chastity, even though they
have made a vow thereof, may contract marriage; let him be anathema: seeing that
God refuses not that gift to those who ask for it rightly, neither does He
suffer us to be tempted above that which we are able.

CANON X.-If any one saith, that the marriage state is to be placed above the
state of virginity, or of celibacy, and that it is not better and more blessed
to remain in virginity, or in celibacy, than to be united in matrimony; let him
be anathema.

CANON XI.-If any one saith, that the prohibition of the solemnization of
marriages at certain times of the year, is a tyrannical superstition, derived
from the superstition of the [Page 196] heathen; or, condemn the benedictions
and other ceremonies which the Church makes use of therein; let him be anathema.

CANON XII.-If any one saith, that matrimonial causes do not belong to
ecclesiastical judges; let him be anathema.



DECREE ON THE REFORMATION OF MARRIAGE



CHAPTER I.
The form prescribed in the Council of Lateran for solemnly contracting marriage
is renewed.--Bishops may dispense with the bans.--Whosoever contracts marriage,
otherwise than in the presence of the Parish Priest and of two or three
witnesses, contracts it invalidly.

Although it is not to be doubted, that clandestine marriages, made with the free
consent of the contracting parties, are valid and true marriages, so long as the
Church has not rendered them invalid; and consequently, that those persons are
justly to be condemned, as the holy Synod doth condemn them with anathema, who
deny that such marriages are true and valid; as also those who falsely affirm
that marriages contracted by the children of a family, without the consent of
their parents, are invalid, and that parents can make such marriages either
valid or invalid; nevertheless, the holy Church of God has, for reasons most
just, at all times detested and prohibited such marriages. But whereas the holy
Synod perceives that those prohibitions, by reason of man's disobedience, are no
longer of avail; and whereas it takes into account the grievous sins which arise
from the said clandestine marriages, and especially the sins of those parties
who live on in a state of damnation, when, having left their former wife, with
whom they had contracted marriage secretly, they publicly marry another, and
with her live in per-[Page 197]petual adultery; an evil which the Church, which
judges not of what is hidden, cannot rectify, unless some more efficacious
remedy be applied; wherefore, treading in the steps of the sacred Council of
Lateran celebrated under Innocent III., it ordains that, for the future, before
a marriage is contracted, the proper parish priest of the contracting parties
shall three times announce publicly in the Church, during the solemnization of
mass, on three continuous festival days, between whom marriage is to be
celebrated; after which publication of banns, if there be no lawful impediment
opposed, the marriage shall be proceeded with in the face of the church; where
the parish priest, after having interrogated the man and the woman, and heard
their mutual consent, shall either say, "I join you together in matrimony, in
the name of the Father, and of the Son, and of the Holy Ghost;" or, he shall use
other words, according to the received rite of each province. But if upon
occasion, there should be a probable suspicion that the marriage may be
maliciously hindered, if so many publications of banns precede it; in this case
either one publication only shall be made; or at least the marriage shall be
celebrated in the presence of the parish priest, and of two or three witnesses:
Then, before the consummation thereof, the banns shall be published in the
church; that so, if there be any secret impediments, they may be the more easily
discovered: unless the Ordinary shall himself judge it expedient, that the
publications aforesaid be dispensed with, which the holy Synod leaves to his
prudence and judgment. Those who shall attempt to contract marriage otherwise
than in the presence of the parish priest, or of some other priest by permission
of the said parish priest, or of the Ordinary, and in the presence of two or
three witnesses; the holy Synod renders such wholly incapable of thus
contracting and declares such contracts invalid and null, as by the present
decree It invalidates and annuls them. Moreover It enjoins, that the parish
priest, or any other priest, who shall have been [Page 198] present at any such
contract with a less number of witnesses (than as aforesaid); as also the
witnesses who have been present thereat without the parish priest, or some other
priest; and also the contracting parties themselves; shall be severely punished,
at the discretion of the Ordinary. Furthermore, the same holy Synod exhorts the
bridegroom and bride not to live together in the same house until they have
received the sacerdotal benediction, which is to be given in the church; and It
ordains that the benediction shall be given by their own parish priest, and that
permission to give the aforesaid benediction cannot be granted by any other than
the parish priest himself, or the Ordinary; any custom, even though immemorial,
which ought rather to be called a corruption, or any privilege to the contrary,
notwithstanding. And if any parish priest, or any other priest, whether Regular
or Secular, shall presume to unite in marriage the betrothed of another parish,
or to bless them when married, without the permission of their parish priest, he
shall-even though he may plead that he is allowed to do this by a privilege, or
an immemorial custom,-remain ipso jure suspended, until absolved by the Ordinary
of that parish priest who ought to have been present at the marriage, or from
whom the benediction ought to have been received.

The parish priest shall have a book, which he shall keep carefully by him, in
which he shall register the names of the persons married, and of the witnesses,
and the day on which, and the place where, the marriage was contracted.

Finally, the holy Synod exhorts those who marry, that before they contract
marriage, or, at all events, three days before the consummation thereof, they
carefully confess their sins, and approach devoutly to the most holy sacrament
of the Eucharist.

If any provinces have herein in use any praise-worthy customs and ceremonies,
besides the aforesaid, the holy Synod earnestly desires that they be by all
means retained.

And that these so wholesome injunctions may not be unknown [Page 199] to any, It
enjoins on all Ordinaries, that they, as soon as possible, make it their care
that this decree be published and explained to the people in every parish church
of their respective dioceses; and that this be done as often as may be during
the first year; and afterwards as often as they shall judge it expedient. It
ordains, moreover, that this decree shall begin to be in force in each parish,
at the expiration of thirty days, to be counted from the day of its first
publication made in the said parish.



CHAPTER II.
Between whom Spiritual Relationship is contracted.

Experience teaches, that, by reason of the multitude of prohibitions, marriages
are ofttimes unwittingly contracted in prohibited cases, in which marriages
either the parties continue to live on, not without great sin, or they are
dissolved, not without great scandal. Wherefore, the holy Synod, wishing to
provide against this inconvenience, and beginning with the impediment arising
from spiritual relationship, ordains, that, in accordance with the appointments
of the sacred canons, one person only, whether male or female, or at most one
male and one female, shall receive in baptism the individual baptized; between
whom and the baptized, and the father and mother thereof; as also between the
person baptizing and the baptized, and the father and mother of the baptized;
and these only; shall spiritual relationship be contracted.

The parish priest, before he proceeds to confer baptism, shall carefully inquire
of those whom it may concern, what person or persons they have chosen to receive
from the sacred font the individual baptized, and he shall allow him or them
only to receive the baptized; shall register their names in the book, and teach
them what relationship they have contracted, that they may not have any excuse
on the score of ignorance. [Page 200] And if any others, besides those
designated, should touch the baptized, they shall not in any way contract a
spiritual relationship; any constitutions that tend to the contrary
notwithstanding. If through the fault or negligence of the parish priest any
thing be done contrary hereto, he shall be punished, at the discretion of the
Ordinary. That relationship, in like manner, which is contracted by confirmation
shall not pass beyond him who confirms the person confirmed, his father and
mother, and him who places his hand on him; all impediments arising from this
kind of spiritual relationship between other persons being utterly set aside.



CHAPTER III.
The impediment of public honesty is confined within certain limits.

The holy Synod entirely removes the impediment of justice arising from public
honesty, whensoever espousals shall be, for whatsoever cause, not valid; but,
when they are valid, the impediment shall not extend beyond the first degree;
forasmuch as any such prohibition can no longer be observed, without injury, in
more remote degrees.



CHAPTER IV.
Affinity arising from fornication is confined to the second degree.

Moreover, the holy Synod, moved by the same and other most weighty reasons,
limits, to those only who are connected in the first and second degree, the
impediment contracted by affinity arising from fornication, and which dissolves
the marriage that may have been afterwards contracted. It ordains [Page 201]
that, as regards degrees more remote, this kind of affinity does not dissolve
the marriage that may have been afterwards contracted.



CHAPTER V.
No one is to marry within the prohibited degrees: in what manner dispensation is
to be granted therein.

If any one shall presume knowingly to contract marriage within the prohibited
degrees, he shall be separated, and be without hope of obtaining a dispensation;
and this shall much the rather have effect in regard of him who shall have dared
not only to contract such a marriage, but also to consummate it. But if he have
done this in ignorance, but yet has neglected the solemnities required in
contracting matrimony, he shall be subjected to the same penalties. For he who
has rashly despised the wholesome precepts of the Church, is not worthy to
experience without difficulty her bounty. But if, having observed those
solemnities, some secret impediment be afterwards discovered, of which it was
not unlikely that he should be ignorant, he may in this case more easily obtain
a dispensation, and that gratuitously. As regards marriages to be contracted,
either no dispensation at all shall be granted, or rarely, and then for a cause,
and gratuitously. A dispensation shall never be granted in the second degree,
except between great princes, and for a public cause.



CHAPTER VI.
Punishments inflicted on Abductors.

The holy Synod ordains, that no marriage can subsist between the abducer and her
who is abducted, so long as she shall remain in the power of the abducer. But if
she that has been [Page 202] abducted, being separated from the abducer, and
being in a safe and free place, shall consent to have him for her husband, the
abducer may have her for his wife; but nevertheless the abduced himself and all
who lent him advice, aid, and countenance, shall be ipso jure excommunicated,
for ever infamous, and incapable of all dignities; and if they be clerics they
shall forfeit their rank. The abducer shall furthermore be bound, whether he
marry the person abducted, or marry her not, to settle on her a handsome dowry
at the discretion of the judge.



CHAPTER VII.
Vagrants are to be married with caution.

There are many persons who are vagrants, having no settled homes; and, being of
a profligate character, they, after abandoning their first wife, marry another,
and very often several in different places, during the life-time of the first.
The holy Synod, being desirous to obviate this disorder, gives this fatherly
admonition to all whom it may concern, not easily to admit this class of
vagrants to marriage; and It also exhorts the civil magistrates to punish such
persons severely. But It commands parish priests not to be present at the
marriages of such persons, unless they have first made a careful inquiry, and,
having reported the circumstance to the Ordinary, they shall have obtained
permission from him for so doing.



CHAPTER VIII.
Concubinage is severely punished.

It is a grievous sin for unmarried men to have concubines; but it is a most
grievous sin, and one committed in special contempt of this great sacrament, for
married men also to live in this state of damnation, and to have the audacity at
times to [Page 203] maintain and keep them at their own homes even with their
own wives. Wherefore, the holy Synod, that it may by suitable remedies provide
against this exceeding evil, ordains that these concubinaries, whether unmarried
or married, of whatsoever state, dignity, and condition they may be, if, after
having been three times admonished on this subject by the Ordinary, even ex
officio, they shall not have put away their concubines, and have separated
themselves from all connexion with them, they shall be smitten with
excommunication; from which they shall not be absolved until they have really
obeyed the admonition given them. But if, regardless of this censure, they shall
continue in concubinage during a year, they shall be proceeded against with
severity by the Ordinary, according to the character of the crime. Women,
whether married or single, who publicly live with adulterers or with
concubinaries, if, after having been three times admonished, they shall not
obey, shall be rigorously punished, according to the measure of their guilt, by
the Ordinaries of the places, ex officio, even though not called upon to do so
by any one; and they shall be cast forth from the city or diocese, if the
Ordinaries shall think fit, calling in the aid of the Secular arm, if need be;
the other penalties inflicted on adulterers and concubinaries remaining in their
full force.



CHAPTER IX.
Temporal lords, or magistrates, shall not attempt anything contrary to the
liberty of marriage.

Earthly affections and desires do for the most part so blind the eyes of the
understanding of temporal lords and magistrates, as that, by threats and
ill-usage, they compel both men and women, who live under their
jurisdiction,-especially such as are rich, or who have expectations of a great
inheritance,-to contract marriage against their inclination with those whom the
said lords or magistrates may prescribe unto them. Wherefore, seeing that it is
a thing especially execrable to violate the liberty of matrimony, and that wrong
comes from those from whom right is looked for, the holy Synod enjoins on all,
of [Page 204] whatsoever grade, dignity, and condition they may be, under pain
of anathema to be ipso facto incurred, that they put no constraint, in any way
whatever, either directly or indirectly, on those subject to them, or any others
whomsoever, so as to hinder them from freely contracting marriage.



CHAPTER X.
The solemnities of marriage are prohibited at certain times.

The holy Synod enjoins, that the ancient prohibitions of solemn nuptials be
carefully observed by all, from the Advent of our Lord Jesus Christ until the
day of the Epiphany, and from Ash-Wednesday until the octave of Easter
inclusively; but at other times It allows marriage to be solemnly celebrated;
and the bishops shall take care that they be conducted with becoming modesty and
propriety: for marriage is a holy thing, and is to be treated in a holy manner.



DECREE ON REFORMATION

The same sacred and holy Synod, prosecuting the subject of Reformation, ordains
that the things following be established in the present Session.



CHAPTER I.
The manner of proceeding to the creation of Bishops and Cardinals.

If, as regards all manner of degrees in the Church, a provident and enlightened
care is to be taken, that in the house of the Lord there be nothing disorderly,
nothing unseemly; much more ought we to strive that no error be committed in the
election of him who is constituted above all those degrees. [Page 205] 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. For which cause, although the
holy Synod has elsewhere usefully ordained certain things touching those who are
to be promoted to cathedral and superior churches, yet doth it account this
office to be of such a nature, as that were it to be pondered upon 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,
processions, 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 enabled 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 a part, in the promotion of those to be set
over the churches; the holy Synod,-without making any change herein, from a
consideration of the circumstances of the present time,-exhorts and admonishes
them, that they above all things bear in mind that they cannot do anything more
conducive to the glory of God, and the salvation of the people, than to study to
promote good pastors, and such as are capable of governing a church; and that
they sin mortally, becoming partakers in others' sins, unless they carefully
endeavour that those be promoted whom they themselves judge the most worthy of,
and useful to, the church, not guided by entreaties, or human affection, or the
solicitations of pretenders, but by what the merits of the individuals require
at their hands; and seeing that they be persons whom they know to have been born
in lawful wedlock, and who, by their life, learning, and in all other
qualifications, are such as are required by the sacred canons, and by the
decrees of this Synod of Trent.

And forasmuch as, by reason of the diversity of nations, peoples, and customs, a
uniform system cannot be followed everywhere, in receiving the grave and
competent testimony of [Page 206] good and learned men on the subject of the
aforesaid qualifications, the holy Synod ordains, 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 suitable for the said places, which form is to be
submitted to the approval of the most holy Roman Pontiff; yet so, however, that,
after that this examination, or scrutiny, as regards the persons to be promoted,
shall have been completed, it shall, after being reduced into the form of a
public document, be necessarily transmitted, as soon as possible, with all the
attestations and with the profession of faith made by the individual to be
promoted, to the most holy Roman Pontiff, in order that the said Sovereign
Pontiff, having a full knowledge of the whole matter and of the persons, may,
for the advantage of the Lord's flock, in a most useful manner provide those
churches therewith, if they shall have been found, by the examination or
scrutiny, suitable persons. And all the scrutinies, informations, attestations,
and proofs of whatsoever kind, and by whomsoever made, even though in the Roman
court, touching the qualifications of the person to be promoted, shall be
carefully examined by a cardinal-who shall report thereon to the
consistory-aided therein by three other cardinals; and the said report shall be
authenticated by the signature of the cardinal who drew up the report, and of
the three other cardinals; and therein each of the four cardinals shall make
affirmation that, after giving exact attention thereto, 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
think them fit to be placed over the churches: in such wise that, after the
report has been made in one consistory, the sentence shall be deferred until
another consistory, in order that the said inquiry may be more maturely looked
into in the mean time,-unless the most blessed Pontiff shall judge it expedient
to act otherwise.

[Page 207] And the Synod ordains, that all and singular the particulars which
have been elsewhere ordained, in the same Synod, touching the life, age,
learning, and the other qualifications of those who are to be appointed bishops,
the same are also to be required in the creation of cardinals-even though they
be deacons -of the holy Roman Church; whom the most holy Roman Pontiff shall, as
far as it can be conveniently done, select out of all the nations of
Christendom, as he shall find persons suitable.

Finally, the same holy Synod, moved by the so many most grievous afflictions of
the Church, cannot avoid recording, that nothing is more necessary for the
Church of God than that the most blessed Roman Pontiff apply especially here
that solicitude, which, by the duty of his office, he owes to the Universal
Church,-that he take unto himself, to wit as cardinals, persons the most select
only, and that he appoint over each church, above all things, good and fit
pastors; and this the more, for that our Lord Jesus Christ will require at his
hands the blood of those sheep of Christ which shall perish through the evil
government of pastors who are negligent, and forgetful of their office.



CHAPTER II.
A Provincial Synod to be celebrated every third year, a Diocesan Synod every
year: who are to convoke, and who to be present thereat.

Provincial councils, wheresoever they have been omitted, shall be renewed, for
the regulating of morals, the correcting of excesses, the composing of
controversies, and for the other purposes allowed of by the sacred canons.
Therefore, the metropolitans in person, or if they be lawfully hindered, the
oldest suffragan bishop shall not fail to assemble a Synod, each in his own
province, within a year at latest from the termination of the present council,
and afterwards, at least every third year, [Page 208] 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
absolutely bound to assemble, those excepted who would have to cross the sea at
their imminent peril. The bishops of the province shall not, for the future, be
compelled, under the pretext of any custom whatsoever, to repair against their
will to the metropolitan church. Those bishops likewise who are not subject to
any archbishop, shall once for all make choice of 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 therein ordained. In all other respects, their exemption and privileges shall
remain whole and entire.

Diocesan Synods also shall be celebrated every year; to which all those even who
are exempted, but who would otherwise, that exemption ceasing, have to attend,
and who are not subject to general Chapters, shall be bound to come;
understanding however that, on account of parochial, or other Secular churches,
even though annexed, those who have charge thereof must needs, whosoever they
may be, be present at the said Synod. But if any, whether metropolitans, or
bishops, or the others above-named, shall be negligent in these matters, they
shall incur the penalties enacted by the sacred canons.

CHAPTER III.
In what manner Prelates are to make their visitation.

Patriarchs, primates, metropolitans, and bishops shall not fail to visit their
respective dioceses, either personally, or, if they be lawfully hindered, by
their Vicar-general, or visitor; if they shall not be able on account of its
extent, to make the visitation of the whole annually, they shall visit at least
the greater part thereof, so that the whole shall be completed in two years,
[Page 209] either by themselves, or by their visitors. Metropolitans, however,
even after having made a complete visitation of their own proper diocese, shall
not visit the cathedral churches, or the dioceses of the bishops of their
province, except for a cause taken cognizance and approved of in the provincial
Council.

But archdeacons, deans, and other inferiors, who have been hitherto accustomed
lawfully to exercise (the power of) visitation in certain churches, shall
henceforth visit those same places, 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 be first approved
of by the bishop; but the bishop, or, if he be hindered, his visitor, shall not
thereby be prevented from visiting those same churches apart from those
deputies; 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 proceedings in their entire
form; any custom, even though immemorial, and any exemptions and privileges
whatsoever notwithstanding.

But the principle object of all these visitations shall be to lead to sound and
orthodox doctrine, by banishing heresies; to maintain good morals, and to
correct such as are evil; to animate the people, by exhortations and
admonitions, to religion, peacefulness, and innocence; and to establish such
other things as to the prudence of the visitors shall seem for the profit of the
faithful, according as time, place and opportunity shall allow. And to the end
that all this may have a more easy and prosperous issue, all and each of the
aforesaid, to whom the right of visitation belongs, are admonished to treat all
persons with fatherly love and Christian zeal; and with this view being content
with a modest train of servants and horses, they shall endeavour to complete the
said visitation as speedily as possible, though with due carefulness. And during
it they shall be careful not to be troublesome or burthensome to any one by any
useless expenses; and neither they, nor any of theirs, shall, by way of agency
fee for the visitation, or, on account of wills made for pious uses--except that
which is of right due to them out of [Page 210] pious bequests--or under any
other name whatsoever, receive anything, be it money, or present, of whatsoever
kind, or in whatsoever way offered; any custom, even though immemorial, to the
contrary notwithstanding; with the exception, however, of food, which shall be
furnished frugally and in moderation to them and theirs, only during the time
necessary for the visitation, and no longer. It shall, however, be at the option
of those who are visited, to pay, if they prefer it, in money, according to a
fixed assessment, what they have been accustomed heretofore to disburse, or to
furnish the food as aforesaid; saving also the right of ancient conventions
entered into with monasteries, or other pious places, or churches not parochial,
which right shall remain inviolate. But, in those places or provinces, where it
is the custom that neither food, money, nor anything else be received by the
visitors, but that all be done gratuitously, the same shall be retained there.

But if any one, which God forbid, shall presume to receive anything more than is
prescribed in any of the cases above-named; besides the restitution of double
the amount which is to be made within a month, he shall also be subjected,
without any hope of pardon, to the other penalties contained in the constitution
of the general Councils of Lyons, which begins, Exigit; as also to the other
penalties (which shall be enacted) in the provincial Synod, at the discretion of
that Synod.

As regards patrons, they shall not presume in any way to interfere in those
things which regard the administration of the sacraments; neither shall they
meddle with the visitation of the ornaments of the church, or its revenues
arising from landed property, or from buildings, excepting so far as they are
competent to do this by the institution, or foundation; but the bishops
themselves shall 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 to them shall seem most expedient.

[Page 211]

CHAPTER IV.
By whom, and when, the office of preaching is to be 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 belongs
to bishops, may be exercised as frequently as possible, for the welfare of the
faithful, and 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 devine law, or if lawfully hindered, it
shall be done by those whom they shall appoint to the office of preaching; and
in the other churches by the parish priests, or, if they be hindered, by others
to be deputed by the bishop, whether it be in the city, or in any other part
whatsoever of the diocese wherein they shall judge such preaching 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
fasts, of Lent and of the Advent of the Lord, daily, or at least on three days
in the week, if the said bishop shall deem it needful; and, at other times, as
often as they shall judge that it can be opportunely done. And the bishop shall
diligently admonish the people, that each one is bound to be present at his own
parish church, where it 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 carefully taught the rudiments
of the faith, and obedience towards [Page 212] God and their parents, by those
whose duty it is, and who shall be constrained thereunto by their bishops, if
need be, even by ecclesiastical censures; any privileges and customs
notwithstanding. In other respects, those things decreed, under the said Paul
III., concerning the office of preaching, shall have their full force.



CHAPTER V.
In criminal causes against Bishops, the greater causes shall be taken cognizance
of by the Sovereign Pontiff only, the less by the Provincial Council.

The more grave criminal causes against bishops, even of heresy-which may God
forfend-which merit 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 metropolitans, or bishops,
to be chosen by the most blessed Pope. And this commission shall both be
special, and shall be signed by the most holy Pontiff's own hand; nor shall he
ever grant more to those commissioners than this,-that they take information
only of the fact, and draw up the process, which they shall immediately transmit
to the Roman Pontiff; the definitive sentence being reserved to the said most
holy Pontiff.

The other things hereupon elsewhere decreed, under Julius III., of happy memory,
as also the constitution published in a general Council under Innocent III.,
which begins, Qualiter et quando, which constitution the holy Synod renews in
this present decree, shall be observed by all.

But the less criminal causes of bishops shall be taken cognizance of and decided
in the provincial Council only, or by persons deputed thereunto by the
provincial Council.

[Page 213]

CHAPTER VI.
When and how the Bishop may absolve from crime, and dispense in cases of
irregularity and suspension.

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



CHAPTER VII.
The virtue of the Sacraments shall, before being administered to the people, be
explained by Bishops and Parish Priests; during the solemnization of mass, the
sacred oracles shall be explained.

In order that the faithful people may approach to the reception of the
sacraments with greater reverence and devotion of mind, the holy Synod enjoins
on all bishops, that, not only when they are themselves about to administer them
to the people, they shall first explain, in a manner suited to the capacity of
those who receive them, the efficacy and use of those sacraments, but shall
endeavour that the same be done piously and prudently [Page 214] by every parish
priest; and this even in the vernacular tongue, if need be, and it can be
conveniently done; and in accordance with the form which will 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 all unprofitable questions,
they endeavour to impress them on the hearts of all, and to instruct them in the
law of the Lord.



CHAPTER VIII.
On public sinners, a public penance shall be imposed, 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 reproved openly.
When, therefore, any one has, publicly and in the sight of many, committed a
crime, whereby there is no doubt that others have been offended and scandalized;
there must needs be publicly imposed upon him a penance suitable to the measure
of his guilt; that so those whom he has allured to evil manners by his example,
he may bring back to an upright life by the testimony of his amendment. The
bishop, however, may, when he judges it more expedient, commute this kind of
public penance into one that is secret. Likewise, in all cathedral churches,
where it can be conveniently done, the bishop shall appoint a penitentiary,
annexing thereto the prebend that shall next become vacant, which penitentiary
shall be a master, or doctor, or licentiate in theology, or in canon law, and
forty years of age, or otherwise one who shall be found more suitable [Page 215]
considering the character of the place; and, whilst hearing confessions in the
church, he shall be meanwhile reputed as present in choir.



CHAPTER IX.
By whom Secular Churches, not of any diocese, are to be visited.

Those things which have elsewhere been established by this same Council, under
Paul III., of happy memory, and lately under our most blessed lord Pius IV.,
touching the diligence to be used by the Ordinaries in visiting benefices, even
though exempted, the same shall also be observed in regard of those Secular
churches which are said to be in no one's diocese; to wit they shall be visited
by the bishop-as the delegate of the Apostolic See-whose cathedral church is the
nearest, if he be able to do so; otherwise, by him whom the prelate of the said
place has once for all selected in the provincial Council;-any privileges and
customs whatsoever, even though immemorial, to the contrary notwithstanding.



CHAPTER X.
Where visitation and correction of morals are concerned, no suspension of
decrees is allowed.

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

[Page 216]

CHAPTER XI.
Honorary titles, or particular privileges, shall not derogate in any way from
the right of bishops.

Forasmuch as the privileges and exemptions which, under various titles, are
granted to very many persons, are clearly seen to raise, in these days,
confusion in the jurisdiction of bishops, and to give occasion to those exempted
to lead a more relaxed life; the holy Synod ordains, that if at any time it be
thought proper, for just, weighty, and well nigh compulsory causes, that certain
persons be distinguished by the honorary titles of Protonotary, Acolyte, Count
Palatine, 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 attached thereunto in some other way, or under the name of
servants to military orders, monasteries, hospitals, colleges, or under any
other title whatsoever; nothing is to be understood as being, by these
privileges, taken away from the Ordinaries, so as to prevent those persons, unto
whom those privileges have already been granted, or to whom they may be
hereafter conceded, from being fully subject in all things to the said
Ordinaries, as delegates of the Apostolic See, and this as regards Royal
Chaplains, in accordance with the constitution of Innocent III., which begins
Cum capella: those persons, however, being excepted, who are engaged in actual
service in the aforesaid places, 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, whereof the Ordinary must be certified: notwithstanding any
privileges what soever, even those of the order of Saint John of Jerusalem, and
of other military orders. But, as regards those privileges which by virtue of
the constitution of Eugenius, those are accustomed to enjoy who reside in the
Roman Court, or who are in the household of cardinals, such privileges shall in
no wise be understood to apply to those who hold ecclesiastical benefices, in so
[Page 217] far as those benefices are concerned; but such 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 so promoted are bound to
perform.

Whereas dignities, especially in cathedral churches, were established to
preserve and increase ecclesiastical discipline, with the view that those who
should obtain them, might be pre-eminent in piety, be an example to others, and
aid the bishop by their exertions and services; it is but right, that those who
are called unto those dignities, should be such as to be able to answer the
purposes of their office. Wherefore, no one shall henceforth be promoted to any
dignities whatsoever, to which the cure of souls is attached, who has not
attained at least to the twenty-fifth year of his age, and, having been
exercised for some time in the clerical order, is recommended by the learning
necessary for the discharge of his office, and by integrity of morals,
conformably to the constitution of Alexander III., promulgated in the Council of
Lateran, which begins, Cum in cunctis.

In like manner archdeacons, 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, clerics shall be promoted, who are in other respects
qualified, 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
months at the latest from the day of obtaining possession, be bound to make a
public profession of their orthodox faith in the presence of the bishop [Page
218] 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 this not only before the bishop, or his official,
but also in the Chapter; otherwise all those promoted as aforesaid shall not
render the fruits theirs; nor shall possession avail them anything. No one shall
henceforth be received to a dignity, canonry, or portion, but one who has either
already been admitted to that sacred order which that dignity, prebend, or
portion requires, or is of such an age as to be capable of being admitted to
that order, within the time prescribed by law and by this holy Synod. 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 apportion, as he shall judge
expedient, to which thereof each of those respective sacred orders is for the
future to be annexed; in such wise, however, that one half at least shall be
priests, and the rest deacons, or subdeacons: but where the more praiseworthy
custom requires, that the greater part, or that all be priests, it shall be by
all means retained. Moreover, the holy Synod exhorts that, in provinces where it
can conveniently be done, all the dignities, and one half at least 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 virtue of any manner of statute or
custom whatsoever, for those who possess, in the said cathedral or collegiate
churches, any dignities, canonries, prebends, or portions, to be absent from
those churches, above three months in each year-saving, however, the
constitutions of those churches which require a longer term of service-otherwise
every offender shall, for the first year, be deprived of onehalf of the fruits
which he has made his own by reason even of his prebend and residence. But, if
he be again guilty of the same negligence, he shall be deprived of all the
fruits which he may have acquired during that same year: and, the contumacy
increasing, they shall be proceeded against according to the con-[Page 219]
stitutions of the sacred canons. As regards the distributions; those who have
been present at the stated hours shall receive them; all others shall, all
collusion and remission set aside, forfeit them, pursuant to the decree of
Boniface VIII., which begins, Consuetudinem, which the holy Synod brings again
into use; any statutes, or customs, whatsoever, to the contrary notwithstanding.
And all shall be obliged 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
appointed for psalmody.

They shall, moreover, at all times wear a becoming dress, both in and out of
church; shall abstain from unlawful hunting, hawking, dancing, taverns, and
gaines; and be distinguished for such integrity of manners, as that they may
with justice be called the senate of the Church. As to other matters, regarding
the suitable manner of conducting the divine offices, the proper way of singing
or chanting therein, the specific regulations for assembling in choir and for
remaining there, as also such things as may be necessary in regard of all those
who minister in the church, and any other things of the like kind; the
provincial Synod shall prescribe a fixed form on each Head, having regard to the
utility and habits of each province. But, in the mean time, the bishop, assisted
by not less than two canons, one of whom shall be chosen by the bishop, and the
other by the Chapter, shall have power to provide herein as may be judged
expedient.



CHAPTER XIII.
In what manner provision is to be made for the more slightly endowed Cathedral
and Parish Churches: Parishes are to be distinguished by certain boundaries.

Forasmuch as very many cathedral churches have so slight a revenue, and are so
small, that they by no means correspond with the episcopal dignity, nor suffice
for the necessities of the churches; the provincial Council, having summoned
those whose [Page 220] interests are concerned, shall examine and weigh with
care, what churches it may be expedient, on account of their small extent, and
their poverty, to unite to others in the neighbourhood, or to augment with fresh
revenues; and shall send the documents prepared in regard thereof to the
Sovereign Roman Pontiff; who, being thereby made acquainted with the matter,
shall, of his own prudence, as he may judge expedient, either unite together the
slightly provided churches, or improve them by some augmentation derived from
the fruits. But in the meantime, until the things aforesaid are carried into
effect, the Sovereign Pontiff may provide, out of certain benefices, for those
bishops who, on account of the poverty of their dioceses, stand in need of being
aided by certain fruits; provided however those benefices be not cures, nor
dignities, canonries, prebends, nor monasteries wherein 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 slight that
they are not sufficient to meet the necessary charges, the bishop,-if unable to
provide for the exigency by a union of benefices, not however those belonging to
Regulars,-shall make it his care, that, by the assignment of first fruits, or
tithes, or by the contributions and collections of the parishioners, or in some
other way that shall seem to him more suitable, 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 causes aforesaid,
or for others, parish churches shall not be united to any monasteries whatever,
or abbeys, or dignities, or prebends of a cathedral or collegiate church, or to
any other simple benefices, hospitals, or military orders; and those so united
shall be again taken cognizance of by the Ordinaries, pursuant to the decree
already made in this same Synod, under Paul III., of happy memory, which shall
also be equally observed in regard of those unions that have been made from that
time forth to the present; notwithstanding whatsoever form of words may have
been used therein, which shall be accounted as being sufficiently expressed
here.

Furthermore, all those cathedral churches, the revenue of which, [Page 221] 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 manner of pensions, or reservations of
fruits. Also, in those cities and places where the parish churches have not any
certain boundaries, neither have the rectors thereof their own proper people to
govern, but administer the sacraments to all indiscriminately who desire them,
the holy Synod enjoins on bishops, that for the greater 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 parish its own perpetual
and peculiar parish priest who may know his own parishioners, and from whom
alone they may licitly receive the sacraments; or the bishops shall make such
other provision as may be more beneficial, according as the character of the
place may require. 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 aind customs, even though immemorial, to the contrary
notwithstanding.



CHAPTER XIV.
In promotions to benefices, or in admissions into possession of the same, any
deductions from the fruits, not applied to pious uses, are prohibited.

In many churches, as well cathedral as collegiate and parochial, it is
understood to be the practice, derived either from the constitutions thereof, or
from an evil custom, that upon any election, presentation, institution,
confirmation, collation, or other provision, or upon 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, certain payments, promises, unlawful
compensations, as also the profits which are in some churches called Turnorum
lucra; and [Page 222] whereas the holy Synod detests these practices, It enjoins
on bishops, that they suffer not anything of the kind to be done, unless the
proceeds be converted to pious uses, nor permit any of those modes of entering
(on benefices) which carry with them a suspicion of a simoniacal taint, or of
sordid avarice; and they shall themselves carefully take cognizance of their
constitutions, or customs in the above regards; and, those only being retained
which they shall 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, incur the penalties set
forth against simoniacs by the sacred canons, and divers constitutions of the
Sovereign Pontiffs, all of which this Synod renews; any statutes, constitutions,
customs, even though immemorial, even though confirmed by apostolic authority,
to the contrary notwithstanding; the bishop, as the delegate of the Apostolic
See, having power to take cognizance of any surreption, obreption, or defect of
intention, in regard thereof.



CHAPTER XV.
Method of increasing the slight prebends of Cathedral, and of eminent Collegiate
Churches.

In cathedral, and eminent collegiate, churches, where the prebends are numerous,
and so small, that, even with the daily distributions, they are not sufficient
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 a 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 towards the daily
distributions of the remaining prebends; yet so, however, that such a number
shall be left as may conveniently serve for the celebration of divine worship,
[Page 223] and be suitable to the dignity of the church; any constitutions and
privileges whatsoever, or any reservation whether general or special, or any
application whatever, to the contrary notwithstanding: nor shall the aforesaid
unions or suppressions be set aside or hindered by any manner of provision
whatsoever, not even by virtue of any resignation, or by any other derogations,
or suspensions whatever.



CHAPTER XVI.
What duty devolves on the Chapter during the vacancy of a See.

When a See is vacant, the Chapter, 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 property and revenues of the church, of which they
shall afterwards give an account to him whom it may regard. It shall also be
absolutely bound, within eight days after the decease of the bishop, to appoint
an official, or vicar, or to confirm the one who fills that office; who shall at
least be a doctor, or a licentiate, of canon law, or otherwise as competent a
person as can be procured: if anything be done contrary hereto, the appointment
aforesaid shall devolve on the metropolitan. And if the church be itself the
metropolitan, or exempted, and the Chapter shall be, as has been said above,
negligent, then shall the oldest of the suffragan bishops in that metropolitan
church, and the nearest bishop in regard of that church that is exempted, have
power to appoint a competent steward and vicar. And the bishop, who is promoted
to the said vacant church, shall demand, 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, of their
functions, jurisdiction, administration, or of any other their charge
whatsoever; and shall have [Page 224] power to punish those who have been guilty
of any delinquency in their office or administration, even though the officers
aforesaid, having given in their accounts, may have obtained a quittance 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 thereof.



CHAPTER XVII.
In what case it is lawful to confer more than one benefice upon one individual;
and for him to retain the same.

Whereas ecclesiastical order is perverted when one cleric fills the offices of
several, the sacred canons have holily provided that no one ought to be enrolled
in two churches. But, seeing that many, through the passion of ungodly
covetousness deceiving themselves, not God, are not ashamed to elude, by various
artifices, what has 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 orders
to be observed in regard of all persons whatsoever, by whatsoever title
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 benefice 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 the above shall apply not only
to cathedral churches, but also to all other benefices whatsoever, whether
Secular or Regular, even to those held in commendam, of whatsoever title and
quality 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 and unions for life whatsoever to the contrary
notwithstanding,-retaining one parochial church only, or the cathedral church
alone, to resign the other parochial [Page 225] churches within the space of six
months; otherwise as well the parish churches, as also all the benefices which
they hold, shall be accounted ipso jure 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 a provision be made in some suitable manner, as
may seem fit to the Sovereign Pontiff, for the necessities of those who resign.



CHAPTER XVIII.
Upon a Parish Church becoming vacant, a Vicar is to be deputed thereunto by the
Bishop, until it be provided with a Parish Priest: in what manner and by whom
those nominated to Parochial Churches ought to be examined.

It is most highly expedient for the salvation of souls, that they be governed by
worthy and competent parish priests. To the end that this may with greater care
and effect 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 whatsoever, though it may be alleged that the
charge thereof devolves on the church (itself), or on the bishop, and though it
may be served by one or more priests,-and this not excepting even those churches
called patrimonial, or receptive, wherein the bishop has been accustomed to
assign the cure of souls to one or more (priests), all of whom, as this Synod
ordains, must be subjected to the examination herein prescribed later,-even
though, moreover, the said parish church may be reserved, or appropriated,
whether generally or specially, by virtue even 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 obtaining
information of the vacancy of the church, [Page 226] 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 thereof--to support the duties of the said church,
until it shall be provided with a rector. Moreover, the bishop, and he who has
the right of patronage, shall, within ten days, or such other term as the bishop
shall prescribe, nominate, in the presence of those who shall be deputed as
examiners, certain clerics as capable of governing the said church. It shall
nevertheless be free for others also, who may know any that are fit for the
office, to give in their names, that a diligent scrutiny may be afterwards made
as to the age, morals, and sufficiency of each. And even,--if the bishop, or the
provincial Synod shall, considering the custom of the country, judge this more
expedient,--those who may wish to be examined may be summoned by a public
notice. When the time appointed has transpired, all those whose names have been
entered shall be examined by the bishop, or, if he be hindered, by his
Vicar-general, and by the other examiners, who shall not be fewer than three; to
whose votes, if they should be equal, or given to distinct individuals, the
bishop, or his vicar, may add theirs, 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 be such as shall
satisfy, and shall be approved of by, the said Synod. And upon any vacancy
occurring in any church, the bishop shall select 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, 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 clerics, whether Regulars,-even of
the order of mendicants,-or Seculars, as shall seem best adapted thereunto; and
they shall all swear on the holy Gospels of God, that they will, setting aside
every human affection, faithfully perform their duty. And they shall beware of
receiving anything whatever, either before or after, on account of this
examination; otherwise, both the receivers and the givers will incur the guilt
of simony, from which they shall not be capable of [Page 227] being absolved,
until after they have resigned the benefices which they were possessed of in any
manner whatsoever, even before this act; and they shall be rendered incapable of
any others for the time to come. And in regard of all these matters, they shall
be bound to render an account, not only to God, but also, if need be, to the
provincial Synod, which shall have power to punish them severely, at Its
discretion, if it be ascertained that they have done anything contrary to their
duty.

Then, after the examination is completed, a report shall be made of all those
who shall have been judged, by the said examiners, fit by age, morals, learning,
prudence, and other suitable qualifications, to govern the vacant church; and
out of these the bishop shall select him whom he shall judge the most fit of
all; 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 belongs to the bishop, and to none
else, whomsoever the patron shall judge the most worthy from amongst those who
have been approved of by the examiners, him he shall be bound to present to the
bishop, that he may receive institution from him: but when the institution is to
proceed from any other than the bishop, then the bishop alone shall select the
worthiest from amongst the worthy, and him the patron shall present to him unto
whom the institution belongs.

But if it be under lay patronage, the individual who shall be presented by the
patron, must be examined, as above, by those deputed thereunto, 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 of by the examiners, according to the rule prescribed above, shall the
church be committed, nor shall any devolution, or appeal, interposed even before
the Apostolic See, or the legates, vice-legates, or nuncios of that 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 deputed for
the time being to the vacant church, or whom he may afterwards happen to depute
[Page 228] 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
vicar himself, or of some other person, who has been approved of and elected as
above: and all provisions and institutions made otherwise than according to the
above-named form, shall be accounted surreptitious: any exemptions, indults,
privileges, preventions, appropriations, new provisions, indults granted to any
university whatsoever, even for a certain sum, and any other impediments
whatsoever, in opposition to this decree, notwithstanding.

If, however, the said parish churches should possess so slight a revenue, as not
to allow of the trouble of all this examination; or should no one seek to
undergo this examination; or if, by reason of the open factions, or dissensions,
which are met with in some places, more grievous quarrels and tumults may easily
be excited thereby; the Ordinary may, omitting this formality, have recourse to
a private examination, if, in his conscience, with the advice of the (examiners)
deputed, he shall judge this expedient; observing however the other things as
prescribed above. It shall also be lawful for the provincial Synod, if It shall
judge that there are any particulars which ought to be added to, or retrenched
from, the above regulations concerning 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 ordains, that mandates for contingent promotions, and those
graces which are called expectant, shall not any more be granted to any one, not
even to colleges, universities, senates, or to any individuals whatsoever, even
[Page 220] though under the name of an indult, or up to a certain sum, or under
any other colourable title; nor shall it be lawful for any one to make use of
such as have been heretofore granted. So, neither shall any mental reservations,
nor any other graces whatsoever in regard of future vacancies in benefices, nor
indults which apply to churches belonging to others, or to monasteries, be
granted to any, not even 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 belonging in any way whatever to the ecclesiastical court, even
though they may relate to benefices, shall be taken cognizance of, in the first
instance, before the Ordinaries of the places only; and shall be completely
terminated within two years at the latest from the time that the suit was
instituted: otherwise, at the expiration of that period, 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 with all possible despatch; nor, before that
period, shall the causes be committed to any others (than the Ordinaries), nor
be transferred therefrom; nor shall any appeals interposed by those parties be
received by any superior judges whatsoever; nor shall any commission, or
inhibition be issued by them, except upon a definitive sentence, or one that has
the force thereof, and the grievance arising from which cannot be redressed by
an appeal from that definitive sentence. From the above are to be excepted those
causes, which, pursuant to the appointments of the canons, are to be tried
before the Apostolic See, or those which the Sovereign Roman Pontiff shall, for
an urgent and [Page 221] reasonable cause, judge fit to appoint, 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 deans, archdeacons, and other inferiors, even when on their course of
visitation, but shall be reserved for the examination and jurisdiction of the
bishop only; even though there should be, at this present moment, a suit
pending, in whatsoever stage 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 any said matrimonial cause, one of the parties shall truly prove his
property in the presence of the bishop, he shall not be compelled to plead out
of the province, either in the second or third stage of the suit, unless the
other party will provide for his maintenance, and also bear the expenses of the
suit.

Legates also, even though de latere, nuncios, ecclesiastical governors, or
others, shall not only not presume, by virtue of any powers whatsoever, to
impede bishops in the causes aforesaid, or in any wise to take from them, or to
disturb their jurisdiction, but they shall not even proceed against clerics, or
other ecclesiastical persons, until the bishop has been first applied to, and
has shown himself negligent; otherwise their proceedings and ordinances shall be
of no force, and they shall be bound to make satisfaction to the parties for the
damages which they have sustained.

Furthermore, should any individual appeal in those cases allowed of by law, or
lodge a complaint touching any grievance, or 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 taken place before the bishop, having given, however, notice thereof
previously to the said bishop; that so, if it seem fit to him to communicate any
information on the suit, he may acquaint the judge of appeal therewith. But if
the appellee [Page 231] shall appear, then shall he also be bound to bear his
proportion of the costs of transferring those acts, provided that he wishes to
make use thereof; unless it be the custom of the place to act otherwise, to wit,
that the entire costs have to be borne by the appellant.

Moreover, the notary shall be bound to furnish the appellant, upon payment of
the suitable fee, with a copy of the proceedings as soon as may be, and within a
month at the furthest. And should that notary be guilty of any fraud in delaying
the giving 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, which shall be divided between the appellant and the poor of the place.
But if the judge also should himself be cognizant of, and an accomplice in, this
delay, or if he shall in any other way raise obstacles against the entire
proceedings being delivered over to the appellant within the term aforesaid, 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,
covenants, which only bind the authors thereof, and any other customs whatsoever
to the contrary.



CHAPTER XXI.
It is declared, that, by certain words used previously, 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 suitable and proper for assuaging the
calamities of these times, terminating the controversies concerning religion,
restraining deceitful tongues, correcting the abuses of depraved manners, and
procuring for the church a true and Christian peace," declares that it was not
Its [Page 232] intention, that, by the foregoing 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 established by the sacred
canons, or by the form of general Councils, should be added to, or taken from,
any one.



INDICTION OF THE NEXT SESSION.

Moreover, the same sacred and holy Synod ordains and decrees, that the next
ensuing Session be held on the Thursday after the Conception of the Blessed
Virgin Mary, which will be the ninth day of December next, with the power also
of abridging that term. In which Session there will be treated of the sixth
chapter which is now deferred till then, and the remaining chapters on
Reformation which have been already set forth, and other matters which relate
thereunto. And if it shall seem advisable, and the time will allow thereof,
certain dogmas may also be treated of, as in their proper season they shall be
proposed in the congregations.

The term fixed for the Session was abridged.




The Council of Trent
Hanover Historical Texts Project
Hanover College Department of History