DECREE TOUCHING REFORMATION

Preface

It is the Office of Bishops to admonish their Subjects, especially those appointed unto the cure of souls, of their duty

Whereas it is properly the office of bishops to rebuke the vices of all who are subject to them, this will have to be principally their care, that clerks, especially those appointed unto the cure of souls, be blameless, and that they do not, with their connivance, lead an unseemly life. For if they suffer them to be of evil and corrupt manners, how shall they reprove the laity for their vices, who can themselves be by one word silenced by them, in that they suffer clerks to be worse than they? And with what freedom shall priests be able to rebuke laymen, when they have to answer silently to themselves, that they have committed those very same things which they rebuke? Bishops shall therefore charge their clerks, of what rank soever they be, that they be a guide unto the people of God committed to them, in discourse, conservation, and knowledge; being mindful of that which is written; Be holy, for I too am holy. And, according to the words of the apostle: Let them give no offence unto any man, that their ministry be not blamed; but in all things let them approve themselves as the ministers of God, lest that saying of the prophet be fulfilled in them, The priests of God profane the holy things, and violate the law. But, in order that the said bishops may be able to execute this with greater freedom, and may not be hindered therein under any pretext soever, the same sacred and holy, œcumenical and general Synod of Trent,—the same legate and nuncios of the Apostolic See presiding therein,—has thought fit that these canons following be ordained and decreed.

CHAPTER I

If any, being prohibited, or interdicted, or suspended, advance unto Orders, they shall be punished

Whereas it is more beseeming and safe for one that is subject, by rendering due obedience to those set over him, to serve in an inferior ministry, than, to the scandal of those set over him, to aspire to the dignity of more exalted degrees; to him, unto whom the ascent to sacred orders shall have been interdicted by his own prelate, from what cause soever, even on account of some secret crime, or in what manner soever, even extra-judicially; or [to him] who shall have been suspended from his own orders, or degrees, or ecclesiastical dignities; no license, conceded against the will of the said prelate, for causing himself to be promoted, nor any restoration to former orders, degrees, dignities, or honours, shall be of any avail.

CHAPTER II

If a Bishop shall confer any Orders soever on one not subject to him, be he even his own Domestic, without the express consent of [that persons’] proper Prelate, both shall be subjected to a stated Punishment.

And inasmuch as certain bishops of churches which are in partibus infidelium, being destitute either of clergy or Christian people, and being little else than wanderers, and having no fixed see; seeking not the things of Christ, but others, sheep, without the knowledge of their own proper pastor, when they find themselves prohibited by this holy synod from exercising pontifical functions in the diocese of another without the express permission of the ordinary of the place, and then only in reference to persons who are subject to the said ordinary, do, in evasion and contempt of the law, of their own rashness, choose as it were an episcopal throne, in a place which is of no diocese, and presume to mark with the clerical character, and to promote even unto the sacred orders of the priesthood, any that resort to them, even though they have no commendatory letters from their own bishops or prelates; by the which it for the most part comes to pass, that, persons being ordained who are but little fit, and are uneducated and ignorant, and who have been rejected by their own bishop as incompetent and unworthy, they are neither able rightly to perform the divine offices, nor to administer the sacraments of the Church: none of the bishops, who are called titular, even though they may reside, or be tarrying in a place within no diocese, even though it be exempted, or in a monastery of what order soever, shall, by force of any privilege granted them to promote during a certain time such as come unto them, be able to promote or to ordain to any sacred or minor orders, or even to the first tonsure, the subject of another bishop, even under the pretext of his being his domestic, fed continually at his own table, without express consent, or letters demissory from [that person’s] own bishop. He who doeth contrary thereunto shall be by the very fact suspended during a year from the exercise of pontifical functions; and the person so promoted shall in like manner be suspended from the exercise of the orders so received, for as long as shall seem fit to his own prelate.

CHAPTER III

The Bishop may suspend his Clergymen, who have been improperly promoted by another, if he find them incompetent.

The bishop has the power of suspending, for the time that shall seem fit to him, from the exercise of the orders received, and may interdict from ministering at the altar, or in any order, any of his clergymen, especially those who are in holy orders, who have been, without his previous examination and commendatory letters, promoted by any authority soever; even though approved as competent by him by whom they have been ordained, but whom he himself shall find but little fit and competent to celebrate the divine offices, or to administer the sacraments of the Church.

CHAPTER IV

No Clerk shall be exempt from the Correction of the Bishop, even out of the Time of Visitation

All prelates of the churches, who ought diligently to attend to the correction of the excesses of their subjects, and from whom, by the statutes of this holy synod, no clerk is, under the pretext of any privilege soever, considered protected, so that he be not able to be visited, punished, and corrected, according to the sanctions of the canons (provided those prelates be resident in their own churches), shall have power, as delegates of the Apostolic See unto this end, to correct and chastise, even out of the times of visitation, all secular clerks, howsoever exempted, who would otherwise be subject to their jurisdiction, for their excesses, crimes, and delinquencies, as often as, and whensoever there shall be need; no exemptions, delarations, customs, sentences, oaths, concordates, which only bind the authors thereof, being of any avail to the said clerks, or to their relatives, chaplains, domestics, proctors, or to any others whatsoever, in view and in consideration of the said exempted clerks.

CHAPTER V

The Jurisdiction of Conservators is confined within certain Limits

Moreover, whereas certain persons, who, under the plea that divers wrongs and annoyances are offered them in their goods, possessions, and rights, obtain that certain judges be deputed by means of letters conservatory, in order to protect and defend them from such annoyances and wrongs, and to maintain and preserve them in possession, or quasi-possession, of their goods, property, and rights, and not to suffer them to be molested therein; [and whereas] they pervert these letters, in many ways, unto an improper meaning, in many respects opposed to the intention of the donor; therefore, these letters conservatory, with whatsoever clauses or decrees, and under what judges soever deputed, or under what other pretext or colour soever they may have been granted, shall not avail any one, of what dignity and condition soever he may be, even though a chapter, so as, in criminal and mixed causes, to protect the party from being capable of being accused and summoned, and from being subjected to inquiry and proceeded against before his own bishop, or other ordinary superior; or to prevent him from being freely liable to be summoned before the ordinary judge, in regard to any rights which may be pleaded as his from having been conceded [to him]. In civil causes also, if he himself be the plaintiff, it shall in no wise be lawful for him to bring up any one for judgement before his own judges conservatory. And if, in those causes, in which he shall be the defendant, it shall happen that the conservator chosen by him shall be declared by the plaintiff to be one suspected by him, or if any controversy shall have arisen between the judges themselves, [that is to say,] the conservator and the ordinary, concerning competency of jurisdiction, the cause shall not be proceeded with, until by arbitrators, chosen in legal form, a decision shall have been made relative to the said suspicion, or competency of jurisdiction. Neither to the said party’s domestics, who are in the habit of screening themselves under these letters conservatory, shall they be of any avail, save to two only, and this provided they live at his own proper cost. Nor shall any one enjoy the benefit of such letters longer than for five years. It shall also be unlawful for conservatory judges to have any fixed tribunal.

But in causes relating to wages and to persons in a state of poverty, the decree of this holy synod thereupon shall remain in its full force. But general universities, and colleges of doctors or scholars, places belonging to regulars, as also hospitals actually exercising hospitality, and persons belonging to the said universities, colleges, places, and hospitals, are not [to be understood as] included in this present canon, but are, and are to be considered wholly exempted.

CHAPTER VI

A Penalty is decreed against Clerks who, being in Holy Orders or holding Benefices, do not wear the Dress beseeming their Order

But forasmuch as, although the habit doth not make the monk, it is nevertheless needful that clerks always wear a dress suitable to their proper order, that by the decency of their outward apparel they may show forth the inward correctness of their morals; but, in these days, to such a pitch has the rashness of some, and their contempt of religion grown, as that, making but little account of their own dignity, and of the clerical honour, they wear even in public the dress of laymen, setting their feet in different paths, one divine, the other of the flesh; for this reason, all ecclesiastical persons, howsoever exempted, who are either in holy orders or who possess any manner of dignities, personates, or other offices, or benefices ecclesiastical; if, after that they have been admonished by their own bishop, even by a public edict, they shall not wear a becoming clerical dress, suitable to their order and dignity, and agreeably to the ordinance and mandate of the said bishop, they may, and ought to be, compelled thereunto, by suspension from their orders, office, and benefice, and from the fruits, revenues, and proceeds of the said benefices; and also, if after having been once rebuked, they offend again herein, even by deprivation of the said offices and benefices; the constitution of Clement V., published in the Council of Vienne, and beginning Quoniam, being hereby renewed and enlarged.

CHAPTER VII

Voluntary Homicides are never to be ordained: in what Manner Accidental [Homicides are to be ordained].

Whereas too, he who hath on set purpose slain his neighbour, and by lying in wait for him, is to be taken away from the altar, because he has of his own will perpetrated a homicide; even though that crime have neither been proved by ordinary legal process, nor be in other wise public, but is secret, such an one can never be promoted unto sacred orders; nor shall it be lawful for any ecclesiastical benefices to be conferred upon him, even though they have no cure of souls; but he shall be for ever destitute of every ecclesiastical order, benefice, and office. But if the homicide be alleged to have been committed not on set purpose, but by accident, or while repelling force by force, that he might defend himself from death, in such wise that, by a kind of right, a dispensation ought to be granted, even for the ministry of holy orders, and of the altar, and for any kind of benefice whatever and dignity, the case shall be committed to the ordinary of the place, or, if there be reason, to the metropolitan, or to the nearest bishop; who shall not be able to dispense, without having taken cognizance of the case, and proved the prayers and allegations, and not otherwise.

CHAPTER VIII

It shall be lawful for no one, by Virtue of any Privilege, to punish the Clerks of another

Furthermore, inasmuch as there are certain persons, some of whom even are true pastors, and have their own sheep, who seek also to rule over the sheep of others, and at times give their attention in such wise to the subjects of others, as to neglect the care of their own; whosoever there may be, even though of episcopal dignity, who may have the privilege of punishing the subjects of another, shall by no means proceed against clerks not subject to him, especially against such as are in holy orders, be they guilty of even atrocious crimes; except with the intervention of the proper bishop of the said clerks, if that bishop be resident in his own church, or of a person to be deputed by the said bishop: otherwise, the proceedings, and all the consequences thereof, shall be wholly without force.

CHAPTER IX

The Benefices of one Diocese shall under no Pretence be united to the Benefices of another

And inasmuch as it is with the best reason that dioceses and parishes have been made distinct, and to each flock their proper pastors assigned, and to inferior churches their rectors, each to take care of his own sheep, that ecclesiastical order may not be confounded, or one and the same church in a manner belong to two dioceses, not without grievous inconvenience to those who are subject thereunto; the benefices of one diocese, be they even parochial churches, perpetual vicarages, simple benefices, prestimonies, or prestimonial portions, shall not be united in perpetuity to a benefice, or monastery, or college, or even to a pious place, of another diocese, not even with the view of augmenting divine worship, or the number of beneficiaries, or for any other cause soever; thus explaining the decree of this holy synod touching such unions.

CHAPTER X

Regular Benefices shall be conferred on Regulars

Benefices of regulars that have been wont to be granted in title to professed regulars, when it shall happen that they become vacant by the death of the incumbent in title, or by his resignation, or otherwise, shall be conferred on religious persons of that order only, or on those who shall be absolutely bound to take the habit, and make that profession, and upon none others, that they may not wear a garment woven of woollen and linen together.

CHAPTER XI

Those Translated to another Order shall remain under obedience in enclosure, and shall be incapable of Secular Benefices

But inasmuch as regulars, after being translated from one order to another, are wont to obtain permission easily from their superior to remain out of their monastery, whereby occasion is given of their wandering about and apostatizing; no prelate or superior of any order shall be allowed, by force of any faculty soever, to admit any one to the habit and to profession, except on the condition that he shall remain perpetually in enclosure under obedience to his own superior, in the order itself to which he is translated; and one so translated, even though he be one of the canon regulars, shall be wholly incapable of secular benefices, even of cures.

CHAPTER XII

No one shall obtain a Right of Patronage except through a Foundation, or an Endowment.

No one, moreover, of whatsoever ecclesiastical or secular dignity, can, or ought to acquire or obtain a right of patronage, for any other reason soever, but that he has founded, and built anew, a church, benefice, or chapel; or that he has competently endowed, out of his own proper and patrimonial estate, one already erected, which, however, is without a sufficient endowment. But in case of such foundation or endowment, the institution [thereof] shall be reserved to the bishop, and not to some other inferior person.

CHAPTER XIII

The Presentation shall be made to the Ordinary; otherwise the Presentation and Institution shall be Null

Furthermore, it shall not be lawful for a patron, under pretext of any privilege soever, to present any one, in any manner, to the benefices which are under his right of patronage, except to the ordinary bishop of the place, to whom the providing for, or the institution to, the said benefice would, that privilege ceasing, belong of right; otherwise the presentation and institution, which may happen to have followed, shall be, and shall be understood to be, null.

CHAPTER XIV

The holy synod furthermore declares, that, in the next session, which it has already decreed to be holden on the 25th day of January, of the ensuing year, 1552, it will, together with the sacrifice of the Mass, also apply to, and treat of the sacrament of Orders, and that the subject of reformation will be pursued.