DECREE CONCERNING REFORMATION

The same sacred and holy, œcumenical and general Synod of Trent, lawfully assembled in the Holy Ghost,—the same legates of the Apostolic See presiding therein,—to the end that the business of Reformation may be pursued, has thought fit that the following things be ordained in the present session.

CHAPTER I

The Decrees touching the Life and Propriety of Conduct of Clerks are renewed

There is nothing that continually instructs others unto piety, and the worship of God, more than the life and example of those who have dedicated themselves to the divine ministry. For whereas they are seen to be raised from above the things of this world to a higher position, others cast their eyes upon them as upon a mirror, and derive from them what they should imitate. Wherefore it by all means becometh clerks called to have the Lord for their portion, so to regulate their life and manners, as that in their dress, gesture, gait, discourse, and all things else, they bear nothing about them but what is grave, moderate, and replete with religiousness; that they avoid even slight faults, which in them would be most grievous; that so their actions may impress all with veneration. Whereas, therefore, the more useful and decorous these things are in the Church of God, so much the more carefully also are they to be observed; the holy synod ordains, that those things which have been elsewhere copiously and wholesomely enacted by the sovereign pontiffs and sacred councils, touching the life, propriety, dress, and learning of clerks, and also touching luxury, feastings, dances, gambling, sports, and all sorts of crimes whatever, as also the secular employments to be [by them] avoided, the same shall hereafter be observed, under the same penalties, or greater, to be imposed at the discretion of the ordinary; nor shall any appeal suspend the execution hereof, as pertains to the correction of manners. But if they shall find anything of the above fallen into desuetude, they shall take care that it be again brought into use as soon as possible, and be accurately observed by all; any customs soever notwithstanding; lest they themselves, God being the avenger, may pay the penalty deserved by their neglect of the correction of those subject [to them].

CHAPTER II

Who are to be promoted to Cathedral Churches

Whosoever is, hereafter, to be promoted to cathedral churches, shall not only be fully qualified by birth, age, morals, and life, and, in other matters which are required by the sacred canons, but shall also have been previously constituted in holy orders, for the space of at least six months. And information on these points, if there be only recent knowledge, or none at all of the party at the court [of Rome], shall be derived from the legates of the Apostolic See, or from the nuncios of the provinces, or from his ordinary, and in his default, from the nearest ordinaries. And besides these things, he shall abound in such learning as to be able to satisfy the obligations of the office about to be conferred upon him. And for this reason, he shall have been previously promoted by merit, in some university for studies, to be a master, or doctor, or licentiate, in sacred theology, or in canon law; or shall be declared, by the public testimony of some academy, competent to teach others. And, if he be a regular, he shall have a similar testimonial from the superiors of his own religion. And all the above-named persons, from whom the information, or testimony, is to be derived, shall be bound to report on these matters faithfully and gratuitously; otherwise let them know, that their consciences will be grievously burthened, and that they will have God, and their own superiors, as avengers [upon them].

CHAPTER III

Daily Distributions, out of the Third Part of all Fruits soever, are to be ordained: on whom the Portion of Absentees shall devolve; certain Cases excepted

Bishops, even as the delegates of the Apostolic See, shall be able to divide the third part of any manner of fruits and revenues of all dignities, personates, and offices existing in cathedral or collegiate churches, into distributions, to be assigned according to their discretion; in such wise, to wit, that, if those who have the right to receive them should fail, on any appointed day, personally to discharge the duty devolving upon them, according to the form to be prescribed by the said bishops, they shall forfeit that day’s distribution, and shall acquire no manner of property therein, but it shall be applied to the fabric of the church, in as far as it may need, or to some other pious place, at the discretion of the ordinary. But if their contumacy increase, they shall proceed against them according to the constitutions of the sacred canons. But if upon any of the aforesaid dignitaries any jurisdiction, administration, or office in the cathedral or collegiate churches, devolves neither by right nor custom; but, out of the city, in the [same] diocese, there is a cure of souls to be attended to [by him], which he, who holds that dignity, is willing to take upon himself; in this case, during the time that he shall reside and minister in the church with that cure, he shall be considered as though he were present and assisted at the divine offices in those cathedral or collegiate churches. These things are to be understood as appointed for those churches only, in which there is no custom, or statute, whereby the said dignitaries, who do not serve, lose something, which amounts to the third part of the said fruits and proceeds: any customs, even though immemorial, exemptions, and constitutions, even though confirmed by oath or by any authority soever, to the contrary notwithstanding.

CHAPTER IV

Those not initiated into Holy Orders shall not have a voice in the Chapter of any Cathedral or Collegiate Church. The Qualifications and Duties of those who hold Benefices therein

Whosoever being employed in divine offices in a cathedral, or collegiate, secular or regular church, is not constituted in the order of subdeaconship at least, shall not have a voice in the chapter of such churches, even though this may have been freely conceded to him by the others. But those who possess, or shall hereafter possess, in the said churches, any dignities, personates, offices, prebends, portions, and any other manner of benefices whatever, to which various obligations are annexed; such as, that some shall say, or sing, mass, others the Gospel, others the Epistle, they shall be bound, just impediment being wanting, to receive the requisite orders within a year, whatsoever may be their privilege, exemption, prerogative, or nobility of birth; otherwise they shall incur the penalties according to the constitution of the Council of Vienne, which begins, Ut ii qui, which [the synod] by this present decree renews. And the bishops shall compel them to exercise the aforesaid orders in person on the appointed days, and to discharge all the other duties which belong to them in the divine service, under the same penalties, and others even more grievous, to be imposed at their discretion. Nor, for the future, shall any such office be assigned to any others but those who shall be well known fully to have already the age and the other qualifications; otherwise such provision shall be void.

CHAPTER V

Dispensations out of the Court shall be committed to the Bishop, and be examined by him

Dispensations, by what authority soever they are to be granted, if they are to be consigned out of the Roman court, shall be consigned to the ordinaries of those who shall have obtained them. And those dispensations which shall be granted as graces, shall not possess their effect, until the said ordinaries, as apostolic delegates, shall have first ascertained summarily only, and extra-judicially, that the terms of the petition do not labour under the vice of surreption or obreption.

CHAPTER VI

Last Intentions to be altered with caution

In alterations of last wills, which [alterations] ought not to be made except for a just and necessary cause, the bishops, as delegates of the Apostolic See, shall, before the aforesaid alterations are carried into execution, summarily and extra-judicially ascertain, that nothing has been stated in the petition, which suppresses what is true, or suggests what is false.

CHAPTER VII

The Chapter “Romana,” in the sixth [of the Decretals], is renewed

Apostolic legates and nuncios, patriarchs, and primates and metropolitans, in appeals interposed before them, shall, in all causes soever, as well in admitting appeals, as in granting inhibitions after an appeal, be bound to observe the form and tenor of the sacred constitutions, and especially of [the constitution of] Innocent IV., beginning Romana; any custom, even though immemorial, or manner, or privilege to the contrary, notwithstanding. Otherwise the inhibitions and proceedings, and all the consequences thereof, shall by the very fact be null.

CHAPTER VIII

Bishops shall execute the pious Dispositions of all Persons; shall visit all manner of pious Places, provided they be not under the immediate protection of Kings.

The bishops, even as the delegates of the Apostolic See, shall, in the cases allowed by law, be the executors of all pious dispositions, whether made by last will, or among the living: they shall have the right of visiting all manner of hospitals, colleges, and confraternities of laymen, even those which they call schools, or by any other name (not, however, those places which are under the immediate protection of kings, except with their permission); also the eleemosynary institutions, called monts-de-piété, or of charity, and all pious places by what name soever designated, even though the care of the aforesaid institutions appertain to laymen, and though the same pious places be protected by a privilege of exemption; and, by virtue of their office, they shall take cognizance of, and see to the performance, according to the ordinances of the sacred canons, of all things that have been instituted for God’s worship, or for the salvation of souls or the support of the poor; any custom soever, even though immemorial, privilege, or statute to the contrary, notwithstanding.

CHAPTER IX

Administrators of any pious Places soever shall render in their Accounts to the Ordinary, unless it be otherwise provided by the Foundation

The administrators, whether ecclesiastical or lay, of the fabric of any church soever (even though it be a cathedral), hospital, confraternity, charitable institution called mont-de-piété, and of any pious places soever, shall be bound to render in, once a year, an account of their administration to the ordinary: all customs and privileges soever to the contrary being set aside; unless it should happen that, in the institution and ordaining of any church or fabric, it has been expressly provided otherwise. But if from custom, or privilege, or some regulation of the place, their account has to be rendered to others deputed thereunto, in that case the ordinary shall also be employed with them; and all acquittances given otherwise shall be of no avail to the said administrators.

CHAPTER X

Notaries shall be subject to the Examination and Judgment of the Bishops

Whereas, from the unskilfulness of notaries, very many injuries, and the occasion for many lawsuits, arise; the bishop, even as the delegate of the Apostolic See, may, by examination applied, search into the competency of all notaries, even though they have been created by apostolic, imperial, or royal authority; and, if such notaries be found incompetent, or on any occasion delinquent in the discharge of their office, he may prohibit them, entirely, or for a time, from exercising that office, in ecclesiastical and spiritual affairs, lawsuits, and causes. Nor shall any appeal on their parts suspend the prohibition of the ordinary.

CHAPTER XI

Usurpers of the Property of any Church or pious Place soever are punished

If any clerk, or layman, by what dignity soever, even that of emperor or king, pre-eminent, should be so greatly possessed by covetousness, the root of all evils, as to presume to convert unto his own use, and to usurp, by himself or by others, by force, or fear excited, or even by means of any supposititious persons, whether lay or clerical, or by any artifice, or under any sought-for colourable pretext soever, the jurisdictions, goods, incomes, and rights, even those held in fee or under lease, the fruits, emoluments, or any revenues soever, belonging to any church, or to any benefice, whether secular or regular, monts-de-piété, or to any other pious places, which ought to be employed for the necessities of the ministers and the poor; or [shall presume] to hinder them from being received by those unto whom they by right belong; he shall so long lie under an anathema, until he shall have entirely restored to the Church, and to the administrator or beneficiary thereof, the jurisdictions, goods, effects, rights, fruits, and revenues which he has seized upon, or in what manner soever they have come to him, even by way of gift from a supposititious person; and, until he shall, furthermore, have obtained absolution from the Roman Pontiff. But if he be the patron of the said church, he shall, besides the aforesaid penalties, be by the very act deprived of the right of patronage. And the clerk, who shall be the author of, or shall consent to, any wicked fraud and usurpation of this kind, shall be subjected to the same penalties; as also he shall be deprived of all benefices soever, and be rendered incapable of any others soever; and even after entire satisfaction and absolution, he shall be suspended from the exercise of his orders, at the discretion of his ordinary.