DECREE CONCERNING REFORMATION

The same sacred and holy synod—the same legates also presiding—purposing to prosecute, unto the praise of God, and the increase of the Christian religion, the work which it hath begun respecting residence and reformation, has thought good to ordian as follows; saving always, in all things, the authority of the Apostolic See.

CHAPTER I

Who is capable of the Government of Cathedral Churches

No one shall be assumed unto the government of cathedral churches, but one that is born of a lawful wedlock, is of mature age, and endowed with gravity of manners, and skill in letters, agreeably to the constitution of Alexander III., which begins, Quum in cunctis, promulgated in the Council of Lateran.

CHAPTER II

They who hold several Cathedral Churches are commanded to resign all but one, in a given Manner and Time.

No one, by what dignity, grade, or pre-eminence soever distinguished, shall presume, contrary to the institutes of the sacred canons, to receive and to hold at the same time several metropolitan or cathedral churches, whether by title, or in commendam, or under any other name whatsoever; seeing that he is to be accounted exceedingly fortunate, to whose lot it has fallen to rule one church well and fruitfully, and unto the salvation of the souls committed to him. But they who now hold several churches contrary to the tenor of the present decree, shall be bound, retaining the one which they may prefer, to resign the rest, within six months if they belong to the free disposal of the Apostolic See, in other cases within the year; otherwise those churches, the one last obtained only excepted, shall, by the very fact [of their non-resignation] be deemed vacant.

CHAPTER III

Benefices shall be conferred only upon competent Persons.

Inferior ecclesiastical benefices, especially those which have the cure of souls, shall be conferred upon persons worthy and competent, and who can reside on the spot, and exercise personally the said cure; according to the constitution of Alexander III., in the Council of Lateran, which begins, Quia nonnulli; and that other of Gregory X., published in the general Council of Lyons, which begins, Licet Canon. A collation, or provision, made otherwise, shall be rendered wholly null: and let the ordinary collator know, that he will himself incur the penalties in the constitution of the general council, which begins, Grave nimis.

CHAPTER IV

The Retainer of several Benefices contrary to the Canons shall be deprived thereof.

Whosoever for the future shall presume to receive, or to retain at the same time several cures, or ecclesiastical benefices otherwise incompatible, whether by way of union for life, or in perpetual commendam, or under any other name or title soever, contrary to the appointment of the sacred canons, and especially of the constitution of Innocent III., beginning, De multa, shall be by the very fact deprived of the said benefices, according to the disposition of the said constitution, and also by virtue of the present canon.

CHAPTER V

Those who hold several Benefices with Cure [of Souls] shall exhibit their Dispensations to the Ordinary, who shall provide the Churches with a Vicar, assigning a Suitable Portion of the Fruits.

The ordinaries of the places shall strictly compel all those who hold several cures, or ecclesiastical benefices otherwise incompatible, to exhibit their dispensations; and they shall otherwise proceed according to the constitution of Gregory X., published in the general Council of Lyons, which begins Ordinarii, which this same holy synod thinks should be renewed, and doth renew; adding, moreover, that the said ordinaries must by all means provide, even by the deputing of fit vicars, and the assigning of a suitable portion of the fruits, that the cure of souls be in no way neglected, and that the said benefices be nowise defrauded of the services due to them: no appeals, privileges, or exemptions soever, even with a deputation of special judges, and inhibitions from the same, being of avail to any one in the matters aforesaid.

CHAPTER VI

What Unions of Benefices shall be accounted Valid

Unions in perpetuity, made within forty years, may be examined into by the ordinaries, as delegated by the Apostolic See, and such as shall have been obtained by surreption or obreption shall be declared null. Now those which, having been granted within the aforesaid period, have not as yet been carried into effect wholly, or in part, as also those which shall henceforth be made at the instance of any person soever, must be presumed to have been obtained by surreption, unless it shall be certain that they have been made for lawful, or otherwise reasonable causes, to be verified before the ordinary of the place, those persons being summoned whose interests are concerned: and therefore [such unions], unless the Apostolic See shall have declared otherwise, shall be altogether of no force.

CHAPTER VII

United Ecclesiastical Benefices shall be visited: the Cure of Souls shall be exercised even by Perpetual Vicars; of whom there shall be a Deputation thereunto with a Portion to be assigned, even upon a Specific Property

Ecclesiastical benefices with cures, which are found to have been always united and annexed to cathedral, collegiate, or other churches, or to monasteries, benefices, or colleges, or other pious places of what sort soever, shall be visited every year by the ordinaries of those places; who shall take care sedulously to provide that the cure of souls be laudably exercised by competent vicars, and those even perpetual, unless it shall seem to the said ordinaries to be otherwise expedient for the good of the churches, which [vicars] shall be deputed thereunto by them, with a provision consisting of a third part of the fruits, or of a greater or less proportion, at the discretion of the said ordinaries, which is to be assigned even upon a specific property; no appeals, privileges, exemptions, even with a deputation of judges, and inhibitions from the same, being of any avail in the matters aforesaid.

CHAPTER VIII

Churches shall be repaired. The Cure of Souls shall be sedulously discharged

The ordinaries of the places shall be bound to visit every year, with apostolic authority, all churches soever, in what manner soever exempted; and to provide by suitable legal remedies, that whatever matters need repair, be repaired; and that they be not in any way defrauded of the cure of souls, if any such be annexed thereunto, or of the other services due to them; all appeals, privileges, customs, even those prescribed from time immemorial, deputations of judges, and inhibitions from the same, being utterly set aside.

CHAPTER IX

The Rite of Consecration not to be delayed

Those who have been promoted to the greater churches shall receive the rite of consecration within the time ordained by law, and any delays granted beyond the period of six months, shall be of no avail to any one.

CHAPTER X

When a See is Vacant, Chapters shall not grant “Reverends” to any one, unless straitened because of a Benefice obtained, or about to be obtained: various Penalties on Contraveners

It shall not be lawful for chapters of churches, when a see is vacant, to grant, whether by ordinance of common law, or by virtue of any privilege or custom soever, a license for ordination, or letters dimissory, or “reverend,” as some call them, within a year from the day of that vacancy, to any one who is not straitened, by occasion of some ecclesiastical benefice received, or about to be received. If it shall be otherwise, the contravening chapter shall be subjected to an ecclesiastical interdict; and the persons so ordained, if they have been constituted in minor orders, shall enjoy no clerical privilege, especially in criminal causes. But those constituted in the greater orders shall be, by the fact itself, suspended from the exercise thereof, according to the pleasure of the next prelate.

CHAPTER XI

Faculties for Promotion shall not, without a Just Cause, avail any one

Faculties, for being promoted by any one soever, shall be of no avail but to those who have a lawful cause, why they cannot be ordained by their own bishops, which is to be expressed in their letters; and even then they shall not be ordained but by a bishop residing in his own diocese, or by him who exercises the pontifical functions for him, and after a previous careful examination.

CHAPTER XII

Faculty for not being promoted shall not exceed a Year

Faculties granted for not being promoted shall avail only for a year, except in the cases expressly mentioned by law.

CHAPTER XIII

Persons, by whomsoever presented, shall not be instituted without the previous Examination and Approval of by the Ordinary: with certain Exceptions.

Persons presented, or elected, or nominated by any ecclesiastical parties soever, even by nuncios of the Apostolic See, shall not be instituted, or confirmed in, or admitted to any ecclesiastical benefices soever, even under the plea of any privilege soever, or custom, even if prescribed from time immemorial, unless they shall first have been examined, and found fit, by the ordinaries of the places. And no one shall be able to protect himself, by means of an appeal, from being bound to undergo the examination. Those, however, are to be excepted, who are presented, elected, or nominated by universities, or by colleges for general studies.

CHAPTER XIV

What Civil Causes of Exempted Persons may be taken cognizance of by Bishops

In the causes of exempted persons, the constitution of Innocent IV., beginning Volentes, published in the general Council of Lyons, shall be observed, which [constitution] this sacred and holy synod hath thought ought to be renewed, and doth hereby renew; adding furthermore, that, in civil causes relative to wages, and to distressed persons, clerks, whether seculars, or regulars, who live out of their monasteries, howsoever exempted, even though they may have upon the spot a special judge deputed by the Apostolic See; and in other [causes], if they have no such judge, may be brought before the ordinaries of the places, and be forced and compelled by course of law to pay what they owe; no privileges, exemptions, deputations of conservators, and inhibitions therefrom, being of any force whatever in opposition to the aforesaid [regulations].

CHAPTER XV

Ordinaries shall take care that all manner of Hospitals, even those exempted, be faithfully governed by their Administrators

The ordinaries shall take care that all hospitals whatsoever be faithfully and diligently governed by their own administrators, by what names soever they be called, and in what manner soever exempted: observing the form of the Constitution of the Council of Vienne, which begins quia contingit. Which constitution this same holy synod hath thought fit to renew, and doth hereby renew, together with the derogations contained therein.

INDICTION OF THE NEXT SESSION

This sacred and holy synod hath also resolved and decreed that the next ensuing session be held and celebrated on Thursday, the fifth day after the coming Sunday in Albis, which will be the 21st of the month of April of the present year, 1547.