CONCERNING REGULARS AND NUNS

The same sacred and holy synod, pursuing the subject of Reformation, has thought fit that the things following be ordained.

CHAPTER I

All Regulars shall order their Lives suitably to what is prescribed by the Rule which they have professed. Superiors shall sedulously take care that this be done.

Insomuch as the holy synod is not ignorant how much splendour and utility accrue to the Church of God from monasteries piously instituted and rightly administered; it has,—to the end that the ancient and regular discipline may be the more easily and promptly restored, where it has fallen away, and may be the more firmly maintained, where it has been preserved,—thought it necessary to enjoin, as by this decree it doth enjoin, that all regulars, as well men as women, shall order and form their lives agreeably to the requirements of the rule which they have professed; and especially, that they shall faithfully observe whatsoever belongs to the perfection of their profession; such as obedience, poverty, and chastity, as also all other vows and precepts that may be peculiar to any rule or order, respectively appertaining to the essential character of each, and which regard the observing a common mode of living, food, and dress. And all care and diligence shall be applied by the superiors, as well in the general and in the provincial chapters, as in their visitations, which they shall not omit to make in their proper seasons, that these things be not departed from; since it is certain that those things which appertain to the substance of a regular life cannot be by them relaxed. For if those things which are the basis and the foundation of all regular discipline be not exactly preserved, the whole edifice must of necessity fall.

CHAPTER II

Property is wholly prohibited to Regulars

For no regulars, therefore, whether men or women, shall it be lawful to possess, or hold as his own, or even in the name of the convent, any property immoveable or moveable, of what quality soever it may be, or in what way soever acquired; but the same shall be straightway delivered up to the superior, and be incorporated with the convent. Nor shall it henceforth be lawful for superiors to allow any real property to any regular, not even by way of having the interest or the use, the administration thereof, or in commendam. But the administration of the property of monasteries, or of convents, shall appertain to the officials thereof only, removable at the will of their superiors. The superiors shall permit the use of moveables in such manner as that the furniture of their [monasteries] shall be suitable to the state of poverty which they have professed; and there shall therein be nothing superfluous, but at the same time nothing which is necessary shall be refused them. But if any one should be discovered, or be proved, to possess anything in any other manner, he shall be deprived during two years of his active and passive voice, and also be punished according to the constitutions of his own rule and order.

CHAPTER III

All Monasteries which are not herein excepted may possess Real Property. The Number of Persons therein is to be determined by the Amount of Income or of Alms. No Monastery to be erected without the Bishop’s Permission.

The holy synod permits unto all monasteries and houses, both of men and women, and of mendicants, even those who were forbidden by their constitutions to possess it, or who had not received permission to that effect by apostolic privilege, to possess real property: with the exception, however, of the houses of the brethren of St. Francis [called] Capuchins, and those called Minor Observants. And if any of the aforesaid places, to which it has been granted by apostolic authority to possess such property, have been stripped thereof, it ordains that the same shall be wholly restored unto them. But, in the aforesaid monasteries and houses, as well of men as of women, whether they possess, or do not possess, real property, such a number [of inmates] only shall be fixed upon and retained for the future, as can be conveniently supported either out of the proper revenues of those monasteries, or out of the customary alms; nor shall any such places be hereafter erected, without the permission of the bishop, in whose diocese they are to be erected, being first obtained.

CHAPTER IV

A Regular shall not, without the Permission of his Superior, either place himself at the Service of another place or person, or retire from his Monastery. When absent for the Sake of Study, he shall reside in a Monastery.

The holy synod prohibits, that any regular, under the pretext of preaching, or lecturing, or of any other pious work, place himself at the service of any prelate, prince, university, community, or of any other person, or place soever, without the permission of his own superior; nor shall any privilege or faculty, obtained from others in regard hereof at any time avail him. But if any one should act contrary hereunto, he shall be punished as disobedient, at the discretion of his superior. Nor shall it be lawful for regulars to absent themselves from their own convents, even under the pretext of repairing to their own superiors; unless they have been sent, or summoned, by them. And whoever shall be found to be without the aforesaid order in writing, shall be punished as a deserter from his institute by the ordinaries of the places. But they who are sent to the universities for the sake of their studies, shall dwell in convents only; otherwise they shall be proceeded against by the ordinaries.

CHAPTER V

Provision is made for the Safe Enclosure of Nuns, especially those who dwell without Cities.

The holy synod, renewing the constitution of Boniface VIII., which begins Periculoso, enjoins on all bishops, by the judgment of God to which it appeals, and under the threat of eternal malediction, that, by their ordinary authority, in all monasteries subject to them, and in others, by that of the Apostolic See, they take especial care that the enclosure of nuns be carefully restored, wheresoever it has been violated, and that it be preserved, wheresoever it has not been violated; repressing, by ecclesiastical censures and other penalties, any appeal soever being set aside, the disobedient and gainsayers, and even calling in unto this end, if need be, the aid of the secular arm. The holy synod exhorts Christian princes to furnish this aid, and enjoins it, under pain of excommunication, to be by the very fact incurred, upon all civil magistrates. But for no holy nun, after her profession, shall it be lawful to go out of her convent, even for a brief period, under any pretext soever, except for some lawful cause, to be approved of by the bishop; any indults and privileges soever notwithstanding. And it shall not be lawful for any one, of what birth, or condition, sex, or age soever, to enter within the enclosures of a monastery, without the permission of the bishop, or of the superior, obtained in writing, under the pain of excommunication to be by the very fact incurred. But the bishop, or the superior, ought to grant this permission only in necessary cases; nor shall any other person be able by any means [to grant it], even by force of any faculty, or indult already granted, or hereafter to be granted. And inasmuch as those monasteries of nuns which are established without the walls of a city or town, are exposed, often without any guard, to the plunder and other deeds of wicked men, the bishops and other superiors shall, if it seem expedient to them, take care that the nuns be removed from those places to new or old monasteries within cities or populous towns, even calling in, if need be, the aid of the secular arm. But those who hinder them or disobey, they shall by ecclesiastical censures compel to submit.

CHAPTER VI

The Manner of choosing Superiors

To the end that everything may be conducted uprightly and without any fraud, in the election of all manner soever of superiors, temporary abbots, and other officials, and generals, and abbesses, and other women set over [others], the holy synod above all things strictly enjoins, that all the aforesaid ought to be chosen by secret voting, in such wise as that the names of the respective voters shall never be made known. Neither shall it, for the future, be lawful to constitute provincials, or abbots, priors, or any other titularies soever, for the purposes of an election that is to take place; nor to supply the place of the voices and suffrages of those absent. But if any one should be elected contrary to the constitution of this decree, such election shall be invalid; and he who shall have allowed himself, for this purpose, to be created provincial, abbot, or prior, shall from that time forth be incapable of holding any offices soever in that order; and any faculties that have been granted in these matters shall be looked upon as hereby abrogated; and should any others hereafter be granted, they shall be accounted as surreptitious.

CHAPTER VII

What Persons and in what manner Persons are to be chosen Abbesses, or Governesses, by what Name soever. No one shall be set over two Nunneries

No woman shall be elected abbess, or prioress, or by what other name soever she who is appointed and placed over [others] may be called, who is less than forty years of age, and who has not passed eight of those years in a praiseworthy manner, after having declared her profession. But should no one be found in the same monastery with these qualifications, one may be elected out of another monastery of the same order. But if this also shall seem inconvenient to the superior who presides over the election, with the consent of the bishop, or other superior, there may be one chosen from amongst those, in the same convent, who have exceeded their thirtieth year, and who have, since their profession, passed at least five of those years in an upright manner. But no female shall be set over two convents; and if any one is, in any way, in possession of two or more, she shall, retaining one, be constrained to resign the rest within six months: but after that period, if she have not resigned, they shall be all by the very fact vacant. And he who presides at the election, whether it be the bishop, or other superior, shall not enter the enclosures of the monastery, but shall listen to, or receive the votes of each, at the little window in the gates. In other matters, the constitution of the respective orders, or convents, shall be observed.

CHAPTER VIII

In what manner the Regulation of Monasteries which have not Ordinary Regular Visitors is to be instituted

All monasteries which are not subject to general chapters, or to bishops, and which have not their own ordinary regular visitors, but have been accustomed to be governed under the immediate protection and direction of the Apostolic See, shall be bound, within a year from the end of the present council, and thenceforth every third year, to form themselves into congregations, according to the form of the constitution of Innocent III., in a general council, which begins In singulis; and shall there depute certain regulars to deliberate and ordain touching the manner and order of establishing the aforesaid congregations, and the statutes therein to be observed. But should they be negligent in these matters, it shall be lawful for the metropolitan, in whose province are the aforesaid monasteries, to convoke them for the aforesaid purposes, as the delegate of the Apostolic See. But if, within the limits of one province, there be not a sufficient number of such monasteries for the establishing of a congregation, the monasteries of two or three provinces may form one congregation. And when the said congregations have been established, their general chapters, and the presidents or visitors elected by them, shall have the same authority over the monasteries of their own congregation, and over the regulars dwelling therein, as other presidents and visitors have in other orders; and they shall be bound to visit frequently the monasteries of their own congregation, and to apply themselves to the reformation thereof; and to observe what things soever have been decreed in the sacred canons, and in this sacred council. Also, if, at the instance of the metropolitan, they shall not take care to execute the above, they shall be subjected to the bishops, in whose dioceses the aforesaid places are situated, as the delegates of the Apostolic See.

CHAPTER IX

Monasteries of Nuns immediately subject to the Apostolic See shall be governed by the Bishops; but others, by those deputed in the General Chapters, or by other Regulars

Those monasteries of nuns which are immediately subject to the Apostolic See, even those which are denominated under the name of chapters of St. Peter, or of St. John, or by what other name soever, shall be governed by the bishops, as delegates of the Apostolic See; any matters soever notwithstanding. But those which are governed by persons deputed in general chapters, or by other regulars, shall be left under their care and charge.

CHAPTER X

Nuns shall confess and communicate once a month. The Bishop shall provide them with an Extraordinary Confessor. The Eucharist shall not be reserved for them out of the public Church

Bishops and other superiors of monasteries of holy nuns, shall attend diligently that the nuns be admonished, in their constitutions, to make a confession of their sins, and to receive the most holy Eucharist, at least once a month, that so they may fortify themselves, by that salutary defence, bravely to overcome all the assaults of the devil. But besides the ordinary confessor, another extraordinary one shall, twice or thrice a year, be offered to them by the bishop and other superiors, whose duty it shall be to hear the confessions of all [the nuns]. But the holy synod forbids that the most holy body of Christ be kept within the choir, or the enclosures of the convent, and not in the public church; any privilege or indult soever notwithstanding.

CHAPTER XI

In Monasteries upon which the Cure of Souls is charged of Laymen, besides those who are of their own household, the Bishop shall, with certain exceptions, examine those Women who are to be set over the said Cure

In monasteries, or houses whether of men, or of women, upon which is charged the cure of souls of other secular persons besides those who are of the household of those monasteries, or places; the persons, whether regulars or seculars, who exercise that cure, shall be immediately subject, in whatsoever appertains to the said cure and the administration of the sacraments, to the jurisdiction, visitation, and correction of the bishop in whose diocese [those monasteries] are situated; nor shall any, not even such as are removable at will, be deputed thereunto, save with the consent of the said [bishop], and after a previous examination being made by him, or by his vicar; the monastery of Cluny with its limits being excepted; and also those monasteries, or places, in which abbots, generals, or the heads of orders have their usual principal residence; as also the other monasteries, or houses, in which the abbots, or other superiors of regulars, exercise episcopal and temporary jurisdiction over the parish priests and their parishioners; saving, however, the right of those bishops who exercise a greater jurisdiction over the aforesaid places or persons.

CHAPTER XII

Regulars, as well as Seculars, shall be equally bound to the observance of Episcopal Censures and Festivals

Censures and interdicts, not only those emanating from the Apostolic See, but also those promulgated by the ordinaries, shall, upon the bishop’s mandate, be published and observed by regulars in their churches. The festival days also which the said bishop shall enjoin to be observed in his own diocese, shall be kept by all exempted persons, even regulars.

CHAPTER XIII

The Bishop shall settle Disputes concerning Precedence. Exempted Persons, not living in the more Strict Enclosures, are obliged to attend at Public Processions

All disputes concerning precedence, which very often, with the greatest scandal, arise between ecclesiastics, both secular and regular, as well at public processions, as at those which take place in burying the bodies of the dead, or carrying the canopy, and on other similar occasions, the bishop shall settle, all appeal being set aside, and any circumstances notwithstanding. And all exempted persons soever, as well secular as regular clerks, and even monks, on being summoned to public processions, shall be obliged to attend; those only being excepted who live perpetually in more strict enclosure.

CHAPTER XIV

By whom Punishment is to be inflicted on a Regular who offends publicly

A regular who, not being subject to the bishop, resides within the enclosures of a monastery, and has, without that enclosure, transgressed so notoriously as to be a scandal to the people, shall, at the instance of the bishop, be severely punished by his own superior, within a time to be appointed by the bishop; and [the superior] shall inform the bishop concerning such punishment. If not, he shall himself be deprived of his office by his own superior, and the delinquent may be punished by the bishop.

CHAPTER XV

Profession shall not be made except after the Elapse of a Year’s Probation, and at the Age of Sixteen Years completed

In no religious body soever, shall the profession, whether of men or women, be made before the sixteenth year is completed; nor shall any one be admitted to the profession, who has been less than a year under probation since taking the habit. And any profession made earlier shall be null; and shall not bring with it any obligation to the observance of any rule, or of any religious body, or order; or entail any other effects soever.

CHAPTER XVI

A Renunciation or Obligation made previous to the Two Months nearest to the Profession shall be null. The Probation being ended, the Novices shall either be professed or dismissed. In the Pious Institute of Clerks of the Society of Jesus nothing is innovated. A caveat is inserted, to the effect that no part of the Property of a Novice shall be given to a Monastery before Profession

Moreover, no renunciation, or obligation made earlier, even though upon oath, or in favour of any pious object soever, shall have force, unless it be made with the permission of the bishop, or of his vicar, within the two months immediately preceding profession; and it shall not otherwise be understood to obtain its effect, unless the profession have followed thereupon: but if made in any other manner, even though with the express renunciation of this privilege, even upon oath, it shall be invalid and of no effect. When the period of the noviciate is ended, the superiors shall admit those novices, whom they have found qualified, to profession; or they shall dismiss them from the monastery. By these things, however, the holy synod does not intend to make, any innovation, or to prohibit, but that the religious order of clerks of the Society of Jesus be able to serve God and His Church, according to their pious institute, approved by the holy Apostolic See. And, furthermore, before the profession of a novice, whether male or female, nothing shall be given to the monastery out of the property of the same, either by parents, or relatives, or guardians, under any pretext soever, except for food and clothing, for the time in which they are under probation; lest [the said novice] be unable to leave on this account, that the monastery is in possession of the whole, or of the greater part of his substance; and he be not easily able to recover it, if he should leave. Yea rather the holy synod enjoins, under the pain of anathema on the givers and receivers, that this be by no means done; and that, to those who leave before their profession, all things that were theirs be restored to them. And the bishop shall, if need be, enforce even by ecclesiastical censures that this be performed aright.

CHAPTER XVII

A Girl more than Twelve Years of Age who wishes to take the Regular Habit shall be examined by the Ordinary and again before Profession.

The holy synod, considering the freedom of the profession on the part of virgins to be dedicated to God, ordains and decrees, that if a girl who desires to take the religious habit, be more than twelve years of age, she shall not take that habit, neither shall she herself, nor any other, at a later period, make her profession, until the bishop, or, if he be absent or hindered, his vicar, or some one deputed thereunto by them, and at their expense, has diligently examined into the inclination of the virgin, whether she has been, constrained or seduced thereunto, or knows what she is doing; and if her will be found pious and free, and she have the qualifications required by the rule of that monastery and order; and if also the monastery be a suitable one; it shall be free for her to make her profession. And lest the bishop be in ignorance as to the time of the said profession, the governess of the monastery shall be bound to give him notice thereof a month beforehand. And if the governess do not inform the bishop thereof, she shall be suspended from her office, for as long a time as shall seem fit to the bishop.

CHAPTER XVIII

No one, except in the Cases expressed by Law, shall compel a Woman to enter a Monastery; or prevent her, if desirous to enter. The Constitutions of the Penitents or Convertites, shall be preserved

The holy synod subjects to anathema all and each those persons, of what quality or condition soever they may be, whether clerks or laymen, seculars or regulars, or sustaining what dignity soever, who shall, in any way soever, force any virgin, or widow, or any other woman soever, except in the cases laid down in law, to enter a monastery against her will, or to assume the habit of any religious order, or to declare her profession; as also all those who shall lend their counsel, aid, or favour thereunto; and those also who, knowing that she does not voluntarily enter into the monastery, or take the habit, or declare her profession, shall, in any way, interfere in that act, either by their presence, or consent, or authority. It also subjects to a like anathema those who shall, in any way, without a just cause, hinder the holy wish of virgins, or other women, to take the veil or declare their vows. And all and each of those things which ought to be done before profession, or at the profession itself, shall be observed not only in monasteries subject to the bishop, but also in all others soever. From these [rules], however, are excepted those women who are called penitents, or convertites; in regard to whom their constitutions shall be observed.

CHAPTER XIX

How to proceed in Cases of those who [wish to] give way from a Religious Body.

Whatsoever regular shall pretend that he entered into a religious order through violence and intimidation; or shall even allege that he made profession before the fitting age; or any such [pretext]; and would wish to lay aside his habit, be the cause what it may; or would even withdraw with his habit without the permission of his superiors; shall be listened to, unless it be within five years only from the day of his profession, and not then either, unless he have produced before his own superior, and the ordinary, the reasons which he pretends. But if, before [doing so], he has of his own accord laid aside his habit; he shall in no wise be admitted to allege any cause soever; but shall be compelled to return to his monastery, and be punished as an apostate; and meanwhile shall not have the benefit of any privilege of his order. Also, no regular shall, by force of any faculty soever, be transferred to a less rigid order; nor shall permission be granted to any regular to wear secretly the habit of his order.

CHAPTER XX

Superiors of Orders not subject to Bishops shall visit and correct inferior Monasteries, even though held in commendam

Abbots, who are heads of orders, and the other superiors of the aforesaid orders, who are not subject to bishops, but possess a lawful jurisdiction over other inferior monasteries, or priories, shall, each in his own place and order, officially visit the said monasteries and priories subject to them, even though they be held in commendam. Which, seeing they are subject to the heads of their own orders, the holy synod declares that they are not included in what has been elsewhere decreed touching the visitation of monasteries held in commendam; and those who preside over monasteries of the aforesaid orders shall be bound to receive the aforesaid visitors, and to execute their orders. Also, those monasteries themselves which are the heads of orders, shall be visited according to the constitutions of the holy Apostolic See, and of each respective order. And so long as such commendatory [monasteries] shall continue, there shall be appointed, by the general chapters, or by the visitors of the said orders, priors claustral, or superiors in those priories that have a convent, who may exercise spiritual authority and correction. In all other matters the privileges and faculties of the aforesaid orders, which concern the persons, places, and rights thereof, shall be firm and inviolate.

CHAPTER XXI

Monasteries shall be conferred upon Regulars. The Headships of Religious Bodies shall be commended to no one in posterum

Whereas very many monasteries, even abbeys, priories, and provostries, have suffered no light injuries, both in spiritual and temporal matters, through the mal-administration of those to whom they have been intrusted, the holy synod desires by every means to restore them to a discipline befitting a monastic life. But so hard and difficult is the present state of the times, that a remedy can neither be applied forthwith to all, nor common to all places, as it would desire. Nevertheless, that it may not omit anything by which wholesome provision may in time be made against the evils aforesaid, it trusts in the first place, that the most holy Roman Pontiff will, of his piety and prudence, take care, as far as he sees that the times will permit, that over those monasteries which are at present held in commendam, and which possess their own convents, there be appointed regulars, expressly professed of the same order, who are able to guide and govern the flock. And as to such as shall hereafter become vacant, they shall be conferred solely on regulars of ascertained virtue and holiness. But as regards those monasteries which are the heads and chiefs of orders, whether the filiations of their heads be called abbeys or priories, those who at present hold them in commendam shall be bound, unless provision be made for a regular successor thereunto, either to make, within six months, a solemn profession of the religious life peculiar to the said orders, or to resign them; otherwise the aforesaid places held in commendam shall be accounted by the very fact vacant. But, lest any fraud may be used as regards all and each of the aforesaid matters, the holy synod commands, that in the appointments to the said monasteries, the quality of each individual be specifically expressed; and any appointment made otherwise shall be accounted surreptitious, and shall not be rendered valid by any subsequent possession, even though for the term of three years.

CHAPTER XXII

The Decrees touching the Reformation of Regulars shall be carried into execution without delay

The holy synod enjoins, that all and each of the matters contained in the above decrees be observed in all convents and monasteries, colleges and houses of all monks and regulars soever, as also of all religious virgins and widows soever, even though they live under the conduct of the military orders, of the order even [of St. John] of Jerusalem, and by what name soever they may be designated, under what rule or constitutions soever they may be, or under the charge or government of, or in subjection to, connection with, or dependence on, any order soever, whether of mendicants or not mendicants, or of other regular monks, or canons of what kind soever: any privileges soever of all and each of the above named, under what form of words soever expressed, even those called mare magnum, even those obtained at their foundation, as also any constitutions and rules soever, even though sworn to, and also any customs or prescriptions soever, even though immemorial, notwithstanding. But, if there be any regulars, whether men or women, who are living under stricter rule or statutes, the holy synod does not intend to remove them from their institute and observance, except as touching the power of possessing real property in common. And insomuch as the holy synod desires that all and each of the things aforesaid be put in execution as soon as possible, it enjoins on all bishops that, in the monasteries subject to them, and in all the rest especially committed to them in the former decrees; and on all abbots, and generals, and other superiors of the aforesaid orders; that they forthwith put in execution the matters aforesaid. And if there be anything which is not carried into execution, the provincial councils shall remedy and punish the negligence of the bishops; and that of regulars, their provincial and general chapters; and, in default of general chapters, the provincial councils shall, by the deputing of certain persons of the same order, provide herein.

The holy synod also exhorts all kings, princes, republics, and magistrates, and by virtue of holy obedience enjoins them, that they vouchsafe to interpose, as often as they shall be requested, their help and authority in support of the aforesaid bishops, abbots, generals, and other superiors in the execution of the matters of reformation comprised above, that so they may, without any hindrance, rightly execute the preceding matters unto the praise of Almighty God.