DECREE CONCERNING REFORMATION

CHAPTER I

Cardinals and all Prelates of the Churches shall have a Modest Household and Table. They shall not enrich their Relatives or Domestics out of the Property of the Church

It is to be wished, that those who undertake the office of a bishop should understand what is their portion; and comprehend that they are called, not unto their own convenience, not to riches or luxury, but to labours and cares for the glory of God. For it is not to be doubted, that the rest of the faithful also will be more easily excited to religion and innocence, if they shall see those set over them not fixing their thoughts on the things of this world, but on the salvation of souls, and on their heavenly country. Whereas the holy synod, perceiving that these things are of chiefest importance towards restoring ecclesiastical discipline, admonishes all bishops, that, often meditating within themselves thereon, they show themselves conformable to their office, by their actual deeds, and the actions of their lives; which is, as it were, a kind of perpetual sermon; but, above all, that they so order their whole manners, as that others may from them be able to derive examples of frugality, modesty, continency, and of that holy humility which so much recommends us to God. Wherefore, after the example of our fathers in the Council of Carthage, it not only orders that bishops be content with modest furniture, and a frugal table and diet, but that they also give heed that in the rest of their manner of life, and in their whole house, there appear nothing that is alien from this holy institution, and which does not manifest simplicity, zeal towards God, and entire contempt of vanities. Also, it forbids them to strive to enrich their own kindred or domestics out of the revenues of the church; seeing that even the canons of the Apostles hinder them from giving to their kindred the property of the Church, which belongs to God; but if [their kindred] be poor, let them distribute to them thereof as to poor, but not misapply or waste it for their sakes. Yea, the holy synod, with all earnestness, admonishes them that they completely lay aside all this human and carnal affection towards brothers, nephews, and kindred, which is the seed-plot of many evils against the Church. And what things have been said concerning bishops, the same are not only to be observed by all who hold ecclesiastical benefices, whether secular or regular, each according to the condition of his rank, but [the synod] decrees that it also appertains to the cardinals of the holy Roman Church; for whereas the administration of the universal Church depends upon their advice to the most holy Roman Pontiff, it would seem to be shameful, if they did not at the same time shine so preeminently in virtue and in the discipline of their lives, as deservedly to turn unto themselves the eyes of all men.

CHAPTER II

By whom specifically the Decrees of the Council are to be solemnly received and taught

The calamitousness of the times, and the malignity of the increasing heresies, constrain, that nothing be omitted which may seem in anywise capable of appertaining to the edification of the people, and to the defence of the Catholic faith. Wherefore the holy synod enjoins on patriarchs, primates, archbishops, bishops, and all others who, of right or custom, ought to be present at the provincial council, that, in the very first provincial synod to be held after the close of this council, they publicly receive all and each of the things that have been defined and ordained by this holy synod; as also that they promise and profess true obedience to the Sovereign Roman Pontiff; and at the same time publicly express their detestation of and anathematize all the heresies which have been condemned by the sacred canons and general councils, and especially by this same synod. And henceforth all those who shall be promoted to be patriarchs, primates, archbishops, and bishops, shall by all means observe the same in the first provincial synod at which they shall themselves be present. And should any one of all the aforesaid refuse, which far be it! the bishops of the same province shall be bound, under pain of the divine indignation, at once to give notice thereof to the Sovereign Roman Pontiff, and shall meanwhile abstain from communion with the said person. And all others who hold, either now or in future, ecclesiastical benefices, and who are bound to be present at the diocesan synod, shall do and observe the same, as above [stated], in the synod that shall be held on the very first occasion, otherwise they shall be punished according to the form of the sacred canons. Moreover, all those to whom appertain the charge, visitation, and reformation of universities and of [places of] general studies, shall diligently take care that the canons and decrees of this holy synod be, by the said universities, entirely received; and that, according to their rule, the masters, doctors, and others, in the said universities, teach and interpret those things which are of the Catholic faith, in conformity therewith; and that at the beginning of each year they bind themselves by solemn oath to this institution. And also if there be any other things that need correction and reformation in the universities aforesaid, they shall be amended and ordained by those whom it regards, for the advancement of religion and of ecclesiastical discipline. But those universities which are immediately subject to the protection and visitation of the Sovereign Pontiff, his Blessedness shall take care that they be, by his delegates, wholesomely visited and reformed in the manner aforesaid, and as shall seem to him most advantageous.

CHAPTER III

The Sword of Excommunication is not to be rashly used. When an Execution can be made on Property or Person, Censures are to be abstained from. It shall be a Crime for the Civil Magistrates to interfere therein.

Although the sword of excommunication is the very sinews of ecclesiastical discipline, and very salutary for keeping the people in their duty, yet is it to be used with sobriety and great circumspection; seeing that experience teaches, that if it be rashly or for slight causes wielded, it is more despised than feared, and produces destruction rather than safety. Wherefore, those excommunications which, after certain admonitions previously made, are wont to be issued with the view, as it is termed, of causing a revelation, or on account of things lost or stolen, shall be issued by no one soever but the bishop; and not then, otherwise than on account of some circumstance of no common kind, and a cause which, having been diligently and very maturely weighed by the bishop, moves his mind. Nor shall he be induced to grant the said excommunications by the authority of any secular person soever, even though a magistrate; but the whole shall be left to his own discretion and conscience, when, considering the circumstances, place, person, or time, he shall himself judge that such are to be resolved on. But as regards judicial causes, it is enjoined on all ecclesiastical judges, of what dignity soever they may be, that, both during proceeding, and in giving judgment, they abstain from ecclesiastical censures, or interdict, whensoever an execution on the person or property can, in each stage of the process, be effected by them of their own proper authority; but in civil causes, which in any way appertain to the ecclesiastical court, it shall be lawful for them, if it shall seem to be expedient, to proceed against all persons soever, even laymen, and to terminate suits, by means of pecuniary fines, which, by the very fact of being levied, shall be assigned to the pious places there existing; or by distress upon the property, or seizure of the person, to be made either by their own or other officers; or even by deprivation of benefices, and other remedies at law. But if the execution cannot be made in this manner, either upon the person or property of the guilty, and there be contumacy towards the judge, he may then, in addition to the other penalties, smite them also with the sword of anathema, at his own discretion. In like manner, in criminal causes, where an execution can, as above, be effected upon the person or property, [the judge] shall abstain from censures. But if there cannot easily be opportunity for that execution, it shall be lawful for the judge to employ the said spiritual sword against delinquents; provided, however, the quality of the offence so require, and after two monitions at least; and even this by public edict. And it shall be a crime for any secular magistrate to prohibit an ecclesiastical judge from excommunicating any one; or to command that he revoke an excommunication issued; under pretext that the things contained in the present decree have not been observed; whereas, the cognizance hereof does not appertain to seculars, but to ecclesiastics. And every excommunicated person soever, who, after the lawful monitions, does not change his mind, shall not only not be received to the sacraments, and to communion and intercourse with the faithful; but if, being bound with censures, he shall, with obdurate heart, remain for a year in the defilement thereof, he may even be proceeded against as suspected of heresy.

CHAPTER IV

Where the Number of Masses to be celebrated is excessive, Bishops, Abbots, and Generals of Religious Orders shall ordain what shall seem to them expedient.

It often happens, in certain churches, either that so great a number of masses is required to be celebrated on account of various legacies from persons deceased, that it is not possible to give satisfaction thereto on the particular days prescribed by the testators; or, that such alms left for the celebration thereof, is so slight that it is not easy to find any one willing to subject himself to the duty; whereby the pious intentions of the testators are frustrated, and occasion is given for burthening the consciences of those whom the aforesaid obligations concern. The holy synod, desiring that these legacies for pious uses be satisfied in the most complete and useful manner possible, gives power to bishops in diocesan synod, and likewise to abbots and generals of orders, that, in their general chapters, they shall ordain, in regard hereof, whatsoever in their consciences they shall, upon a diligent examination of the circumstance, ascertain to be most expedient for God’s honour and worship, and the good of the churches, in those churches aforesaid which they shall find to stand in need of such provision; in such wise, however, that a commemoration be always made of the departed who, for the welfare of their souls, have left the said legacies for pious uses.

CHAPTER V

No Alteration shall be made in the Conditions and Obligations imposed on Benefices rightly established.

Reason demands, that, from those matters which have been well established, no alteration be made by any ordinances to the contrary. Whenever, therefore, by virtue of the erection or foundation of any benefices, or in consequence of other regulations, certain qualifications are required, or certain obligations attached thereunto, they shall not be derogated from in the collation, or in any other arrangement soever in regard of the said benefices. The same also shall be observed as regards prebends assigned to professors of theology, masters, doctors, priests, deacons, or subdeacons, whenever such prebends have been so established, in such sort that, in no provision whatever shall anything be altered in regard of such qualifications and orders; and any provision made otherwise shall be accounted surreptitious.

CHAPTER VI

How the Bishop ought to act in regard to the Visitation of Exempted Chapters.

The holy synod ordains that the decree, made under Paul III., of happy memory, beginning Capitula Cathedralium, shall be observed in all cathedral and collegiate churches, not only when the bishop makes his visitation, but also as often as he proceeds, according to the duties of his office, or at the petition of another, against any one of those comprised in the said decree; yet so, however, that whenever he institutes proceedings out of visitation, all the particulars here subjoined shall have place: to wit, that the chapter shall, at the beginning of each year, select two persons belonging to the chapter, with whose counsel and consent the bishop, or his vicar, shall be bound to proceed, both in instituting the process, and in all the other acts thereof, until the end of the cause inclusively, in the presence, however, of the notary of the said bishop, and in his (the bishop’s) house, or his ordinary court. The two deputies shall, however, have but one vote; and either of them may give his vote in accordance with [that of] the bishop. But if, in any proceeding, or in any interlocutory or definitive sentence, they shall both differ from the bishop, they shall in such case, within the term of six days, choose, in conjunction with the bishop, a third person; and should they also differ respecting the election of that third person, the choice shall devolve upon the nearest bishop; and the point whereon they differed shall be decided, according to the opinion with which that third person agrees; otherwise, the proceedings, and what follows thereupon, shall be null, and shall have no effect in law. Nevertheless, in crimes arising from incontinency, whereof mention has been made in the decree concerning concubinaries, as also in the more heinous crimes which require deposition or degradation; where there is apprehension of flight, and where, that judgment may not be eluded, it is necessary to detain the person, the bishop may at first proceed singly to a summary information, and to the necessary detention [of the person]; observing, however, in the rest of the proceedings, the order above laid down. But in all cases regard is to be had to this, that the delinquents be kept in custody in a suitable place, according to the quality of the crime and of the persons. Moreover, there shall everywhere be rendered to bishops that honour which is due to their dignity; and in choir, in the chapter, in processions, and other public transactions, they shall have the first seat, and the place which they themselves shall make choice of, and theirs shall be the chief authority in everything to be done. And if they shall propose anything to the canons to be deliberated on, and the matter treated of be not one which concerns any benefit to them or theirs, they shall themselves convoke the chapter, demand the votes, and decide according to them. But, in the absence of the bishop, this shall be entirely done by those of the chapter, to whom of right or custom it appertains, nor shall the bishop’s vicar be permitted to do it. But in all other things, the jurisdiction and power of the chapter, if any belong thereunto, and the administration of their property, shall be left wholly sound and untouched. But those who do not possess any dignities, and are not of the chapter, they shall all be subject to the bishop in ecclesiastical causes; notwithstanding, as regards the things aforesaid, any privileges accruing even from any foundation; as also any customs, even though immemorial; any sentences, oaths, concordates, which only bind the authors thereof; saving, however, in all things, those privileges which have been granted to universities for general studies, or to the members thereof. But all and each of these things shall not have effect in those churches in which the bishops, or their vicars, by force of constitutions, or privileges, or customs, or concordates, or by any other right soever, have a power, authority, and jurisdiction greater than what is included in the present decree. From the which [powers] this holy synod does not intend to derogate.

CHAPTER VII

The Access and Regress in regard to Benefices are abolished. In what Manner, to whom, and for what Cause, a Coadjutor is to be granted.

Whereas, as regards ecclesiastical benefices, those matters which carry with them the appearance of hereditary succession are odious to the sacred constitutions, and contrary to the decrees of the fathers; no Access or Regress, in regard to any ecclesiastical benefice, of what quality soever, shall, even though by consent, be henceforth granted to any one; nor shall those heretofore granted be suspended, extended, or transferred. And this decree shall have place in regard to all ecclesiastical benefices soever, and as regards all manner of persons soever, even though distinguished with the honour of the cardinalate. In like manner, as regards coadjutorships with future succession, the same shall hereafter be observed; [to wit], that they shall not be permitted to any one in regard of any ecclesiastical benefices soever. But if at any time the urgent necessity, or the evident advantage of a cathedral church, or of a monastery, demands that a coadjutor be granted to a prelate, such coadjutor, with [the right of] future succession, shall not otherwise be granted but after the said cause has first been diligently taken cognizance of by the most holy Roman Pontiff; and it is certain, that all those qualifications are united in him, which, by law, and by the decrees of this holy synod, are required in bishops and prelates. Otherwise, the concessions made touching these matters, shall be accounted surreptitious.

CHAPTER VIII

The Duty of the Administrators of Hospitals. By whom, and in what Manner, their Negligence is to be punished.

The holy synod admonishes all persons soever who hold any ecclesiastical benefices, whether secular or regular, that they accustom themselves, as far as their revenues will permit, to exercise promptly and kindly the office of hospitality, frequently commended by the holy fathers; being mindful that those who love hospitality receive Christ in the person of their guests. But as regards those who hold in commendam, or by way of administration, or under any other title soever, or even have united to their own churches the places commonly called hospitals, or other pious places instituted especially for the use of pilgrims, of the infirm, the aged, or the poor; or, if the parish churches should chance to be united to hospitals, or have been converted into hospitals, and have been granted to the patrons thereof to be administered, the synod by all means enjoins, that they administer the charge and office imposed upon them, and that they actually exercise that hospitality, which is due at their hands, out of the fruits set apart for that purpose, according to the constitution of the Council of Vienne, renewed elsewhere by the same holy synod under Paul III., of happy memory, which begins, Quia contingit. But if these hospitals were instituted to receive a certain class of pilgrims, or of infirm persons, or of others; and in the place where the said hospitals are situated, there be no such persons, or very few to be found, it doth moreover command, that the fruits thereof be converted to some other pious use, that may be nearest to their original destination, and the most useful for that time and place, as shall seem to be most expedient to the ordinary, aided by such two of the chapter as may be experienced in matters of business, to be chosen by him; unless it happen that the contrary be expressed, even with reference to this event, in the foundation, or institution thereof; in which case, the bishop shall take care that what was ordained be observed, or, if that be not possible, he shall, as above, provide for the matter in a useful manner. Wherefore, if all and each of the aforesaid persons, of what order soever, and religious body and dignity they may be, even if they be laymen, who have the administration of hospitals, provided, however, they be not subject to regulars where regular observance is in force, shall, after having been admonished by the ordinary, have ceased really to discharge the duty of hospitality, applying all the necessary conditions to which they are bound, they may be compelled thereunto not only by ecclesiastical censures, and other legal remedies, but may also even be deprived for ever of the administration and care of the hospital itself; and others shall be substituted in their place, by those whom this may regard. And the persons aforesaid shall, nevertheless, be bound, in the court of conscience, to the restitution of the fruits which they have received contrary to the institution of the said hospitals; which [restitution] shall not be pardoned them by any remission or composition: nor shall the administration or government of such places be henceforth intrusted to one and the same person longer than for three years, unless it be found to be otherwise provided in the foundation thereof; notwithstanding, as regards all the above-stated matters, any union, exemption, and custom, even from time immemorial, to the contrary, or any privileges or indults soever.

CHAPTER IX

In what manner Right of Patronage is to be proved, and to whom granted. Forbidden Accessories.

Even as it is not just to abolish the legitimate rights of patronage, and to violate the pious intentions of the faithful in the institution thereof, so also neither is it to be permitted, that, under this pretence, ecclesiastical benefices be reduced to a state of servitude, as is impudently done by many. To the end, therefore, that fitting reason may be observed in all things, the holy synod decrees, that the title to the right of patronage shall be [derived] from a foundation or endowment; which [title] shall be shown from an authentic document, and the other [proofs] required by law; or, also, by repeated presentations during a course of time of such ancient date that it exceeds the memory of man; or, otherwise, according to the directions of the law. But as regards those persons, or communities, or universities, by which that right is for the most part presumed to have been arrived at rather by usurpation, a fuller and more exact proof shall be required to show a true title; nor shall the proof derived from time immemorial be otherwise of avail in their regard, unless, besides other things necessary for that proof, presentations, even continuous, during the space of at least not less than fifty years, all of which presentations have been carried into effect, shall be proved from authentic writings. All other rights of patronage, in regard of benefices, as well secular as regular, or parochial, or in regard of dignities, or any other benefices soever, in a cathedral or collegiate church; as also faculties and privileges, whether granted so as to have the force of patronage, or, by virtue of any other right soever, to nominate, elect, present to the said [benefices] when they are vacant, excepting the rights of patronage which belong to cathedral churches, and excepting such others as appertain to the emperor, to kings, or to those who possess kingdoms, and to other high and supreme princes who possess the rights of sovereignty within their own dominions, as also those which have been bestowed in favour of places of general studies, shall be understood to be wholly abrogated and made void, together with the quasi possession which is consequent thereupon. And benefices of this kind shall be conferred, as being free, by the collators thereunto; and such appointments shall obtain full effect. Furthermore, it shall be lawful for the bishop to reject the persons presented by the patrons, if they be not competent. But it the institution appertain to inferiors, they shall, nevertheless, be examined by the bishop, according to what has been elsewhere ordained by this holy synod; otherwise the institution made by those inferiors shall be null and void. But the patrons of benefices, of what order and dignity soever they may be, even if they be communities, universities, or any colleges soever, whether of clerks or laymen, shall not in any way, nor for any manner of cause or occasion, interfere in the receiving of the fruits, incomes, or revenues of any benefices soever, even though those benefices be truly, by foundation or endowment, under their right of patronage; but shall leave them to the free disposal of the rector, or of the beneficiary, any custom whatever to the contrary notwithstanding. Nor shall they presume to transfer to others, contrary to the sanctions of the canons, the said right of patronage, by sale, or under any other title soever. If they shall act otherwise, they shall be subjected to the penalties of excommunication and interdict, and shall be by the very fact deprived of the aforesaid right itself of patronage. Moreover, those accessions made by way of union of free benefices with churches subject to the right of patronage, even of laymen, whether those churches be parochial, or benefices of any other kind soever, even such as are simple, or are dignities, or hospitals, in such wise that the free benefices aforesaid are made to be of the same nature with those unto which they are united, and are placed under the right of patronage; such [accessions], if they have not as yet been carried into full effect, as also such as shall henceforth be made, at the instance of any person soever, by what authority soever, be it even apostolic, shall, together with the said unions themselves, be regarded as having been obtained by surreption; notwithstanding any form of words therein employed, or any derogation which may be held as expressed; nor shall [such unions] be any more carried into execution, but the benefices themselves so united, shall, when they fall vacant, be freely conferred as previously. But those accessions, which, having been made within the last forty years, have obtained their effect and a complete incorporation; such shall nevertheless be reviewed and examined by the ordinaries, as the delegates of the Apostolic See; and those which shall have been obtained by surreption, or obreption, shall, together with the unions, be declared invalid, and the benefices themselves shall be separated, and be conferred upon other persons. In like manner also whatsoever rights of patronage over churches, and any other benefices of what kind soever, even dignities previously free, which have been acquired within the last forty years, or that may henceforth be acquired, whether through an increase of the endowment, or in consequence of rebuilding, or from some other like cause, even though with the authority of the Apostolic See, shall be carefully taken cognizance of by the said ordinaries, as delegates as aforesaid; and they shall wholly revoke such [rights of patronage] as they shall find not to have been legitimately established on account of some most evident necessity of the church, or benefice, or dignity; and they shall bring back benefices of this kind to their former state of liberty; without injury, however, to the incumbents thereof, and after having restored to the patrons whatsoever they may have given for this purpose; any privileges, constitutions, and customs, even though immemorial, notwithstanding.

CHAPTER X

Judges who may be delegated by the Apostolic See are to be nominated by the Synod: by whom and by the Ordinaries Causes shall be terminated speedily.

Insomuch as on account of the malicious suggestion of suitors, and sometimes also by reason of the distance of places, a knowledge of the persons to whom causes are committed, cannot be adequately obtained; and hence causes are sometimes referred to judges on the spot who are not thoroughly competent; the holy synod ordains, that, in each provincial or diocesan council, there shall be designated certain persons who shall possess the qualifications required by the constitution of Boniface VIII., which begins, Statutum, and who are otherwise suited thereunto; that, to them also, besides the ordinaries of the places, may henceforth be committed those ecclesiastical and spiritual causes, belonging to the ecclesiastical court, which may be to be delegated to their districts. And if it shall happen that one of these so designated die in the interim, the ordinary of the place, with the advice of the chapter, shall substitute another in his stead, until the next provincial or diocesan synod; in such wise that each diocese shall have at least four, or even more, persons approved and qualified as above, to whom causes of this kind may be committed by any legate, or nuncio, and even by the Apostolic See. Otherwise, after the said designation has been made, which the bishops shall straightway transmit to the Sovereign Roman Pontiff, any delegations soever of other judges, made to any others but the above, shall be accounted surreptitious. The holy synod furthermore admonishes as well the ordinaries as all other judges soever, to strive to terminate causes with as much brevity as possible; and to meet in every way, either by prescribing a given term, or by some other adequate means, the artifices of lawyers, whether in delaying the trial of the suit, or any other part of the judicial process.

CHAPTER XI

Certain Leases of Ecclesiastical Property are prohibited; certain others, when made, are annulled.

It is wont to bring great ruin upon churches, when the property thereof is, to the prejudice of the successors, leased out to others upon the present payment of a sum of money. All leases, therefore, of this kind, if they be made for payments in advance, shall in nowise be considered as valid, to the prejudice of the successors; any indult or privilege soever notwithstanding; nor shall such leases be confirmed in, or out of, the Roman court. Neither shall it be lawful to let out ecclesiastical jurisdictions, or the faculties of nominating, or of deputing vicars in spirituals; nor for the leaseholders to exercise them in person or by others; and any grants to the contrary, even though made by the Apostolic See, shall be accounted surreptitious. But those leases of ecclesiastical things, even though confirmed by apostolic authority, the holy synod declares to be invalid, which, having been made within the last thirty years, for a long term, or as they are designated in some places, for twenty-nine, or for twice twenty-nine years, the provincial synod, or the deputies thereof, shall judge to have been contracted to the injury of the church, and contrary to the ordinances of the canons.

CHAPTER XII

Tithes to be paid entirely. Those withholding the Payment thereof are to be excommunicated. The Rectors of Poor Churches are to be piously assisted.

Those are not to be borne who, by various artifices, endeavour to withhold the tithes accruing to the churches; nor those who rashly take possession of, and apply to their own purpose, the tithes which ought to be paid by others; whereas the payment of tithes is due to God; and they who refuse to pay them, or hinder those who give them, usurp the property of others. The holy synod therefore enjoins on all, of what rank and condition soever they be, to whom the payment of tithes belongs, that they henceforth pay in full the tithes, to which they are bound in law, to the cathedral church, or to what other churches, or persons soever, they are lawfully due. And they who either withhold them, or hinder them [from being paid], shall be excommunicated; nor be absolved from this crime, until full restitution has been made. It further exhorts all and each, that of their Christian charity, and the duty owed to their own pastors, they grudge not, out of the good things bestowed on them by God, bountifully to assist those bishops and parish priests who preside over the poorer churches; to the praise of God, and to maintain the dignity of their own pastors who watch for them.

CHAPTER XIII

Cathedral or Parish Churches shall receive the Fourth of Funeral [Dues]

The holy synod decrees, that in what places soever, forty years ago, a fourth, as it is called, of funerals, was accustomed to be paid to the cathedral or parish church, but has subsequently, by virtue of what privilege soever, been granted to other monasteries, hospitals, or any other kind of pious places; the same shall henceforth, with full rights, and in the same proportion as was formerly usual, be paid to the cathedral or parish church; all grants, graces, privileges, even those called mare magnum, or any others soever, notwithstanding.

CHAPTER XIV

The Manner of Proceeding against Clerks guilty of keeping Concubines is prescribed

How shameful, and how unworthy it is the name of clerks who have devoted themselves to the divine service, to live in the filth of immodesty, and unclean concubinage, the thing itself doth sufficiently testify, in the common offence of all the faithful, and the extreme disgrace entailed on the clerical order. To the end, therefore, that the ministers of the Church may be recalled to that continency and integrity of life which becomes them; and that the people may hence the more learn to reverence them, the more pure of life they know them to be: the holy synod forbids all clerks soever to dare to keep concubines, or any other women of whom any suspicion can be entertained, either in or out of their own dwellings, or to presume to have any commerce with them: otherwise they shall be punished with the penalties imposed by the sacred canons, or by the statutes of the churches. But if, having been admonished by their superiors, they shall not refrain from these women, they shall be by the very fact deprived of the third part of the fruits, revenues, and proceeds of all the benefices and pensions whatsoever; which [third part] shall, at the discretion of the bishop, be applied to the fabric of the church, or to some other pious place. If, however, persisting in the same crime, with the same or some other woman, they shall not yet have obeyed a second admonition, not only shall they thereupon forfeit all the fruits and proceeds of their benefices, and their pensions, which shall be applied to the places aforesaid, but they shall also be suspended from the administration of the benefices themselves, for as long a time as the ordinary shall think fit, even as the delegate of the Apostolic See. And if, having been thus suspended, they shall nevertheless not send away those women, or if they shall even have intercourse with them, then shall they for ever be deprived of their ecclesiastical benefices, portions, offices, and pensions of what kind soever, and be rendered thenceforth incapable and unworthy of any manner of honours, dignities, benefices, and offices, until after a manifest amendment of life, it shall seem good to their superiors, for a [just] cause, to grant them a dispensation. But if, after they have once put them away, they shall have dared to renew the interrupted connection, or to take to themselves other scandalous women of this sort, they shall, in addition to the penalties aforesaid, be smitten with the sword of excommunication. Nor shall any appeal, or exemption, hinder or suspend the execution aforesaid; and the cognizance of all the matters above mentioned shall not belong to archdeacons, or deans, or other inferiors, but to the bishops themselves, who may proceed without the noise and the formality of justice, and by the sole investigation of the truth of the fact. But clerks, who hold not ecclesiastical benefices or pensions, shall, according to the quality of their crime and contumacy, and their persistence therein, be punished, by the bishop himself, with the penalty of imprisonment, suspension from their order, and inability to obtain benefices, or in other ways according to the sacred canons. Bishops also, if, which far be it! they abstain not from crime of this nature, and, being admonished by the provincial synod, do not amend, shall be by the very fact suspended; and if they persevere, they shall even be reported by the said synod to the most holy Roman Pontiff, who shall animadvert upon them according to the character of their guilt, even with deprivation, if need be.

CHAPTER XV

The Illegitimate Sons of Clerics are to be excluded from certain Benefices

That the memory of paternal incontinency may be banished as far as possible from places consecrated to God, the which purity and holiness do most especially become; it shall not be lawful for the sons of clerks, who are not born from lawful wedlock, to hold, in those churches wherein their fathers have, or have had an ecclesiastical benefice, any benefice soever, even though a different one; nor to minister in any way in the said churches; nor to have pensions out of the fruits of benefices which their fathers hold, or have at another time held. And if a father and son shall be found, at this present time, to hold benefices in the same church; the son shall be compelled to resign his benefice, or to exchange it for another out of that church, within the space of three months; otherwise he shall by the very fact be deprived thereof; and any dispensation touching the aforesaid shall be accounted surreptitious. Moreover any reciprocal resignations which shall heretofore be made by fathers who are clerks in favour of their sons, that one may obtain the benefice of the other, shall be absolutely regarded as made with a view to the fraudulent evasion of this decree, and of the ordinances of the canons; nor shall the collations that have followed, by force of resignations of this kind, or of any others soever which have been made firaudulently, be of avail to the said sons of clerks.

CHAPTER XVI

Benefices with Cure shall not be converted into Simple Ones. A Suitable Portion shall be assigned to him who exercises the Cure of Souls. Vicarages shall cease when the Cure is recalled to the Titles

The holy synod ordains, that those secular ecclesiastical benefices, by what name soever they may be called, which, by their earliest institution, or in any other way soever, have the cure of souls, shall not henceforth be converted into a simple benefice, even though a suitable portion be assigned to a perpetual vicar; any graces soever which have not obtained their full effect notwithstanding. But, as regards those [benefices] in which, contrary to the institution or foundation thereof, the cure of souls has been transferred to a perpetual vicar, even though they be found [to have been] in this state from time immemorial, if a suitable portion of the fruits have not been assigned to the vicar of the church, by what name soever he may be designated, the same shall be assigned as soon as possible, and within a year at the latest from the end of the present council, at the discretion of the ordinary; according to the form of the decree made under Paul III., of happy memory. But if this cannot conveniently be done, or if it be not done within the said term, as soon as, whether by the resignation or decease of the vicar, or rector, or in what way soever either of the above shall be vacant, the benefice shall again receive the cure of souls; and the name of the vicarage cease, and it shall be restored to its ancient state.

CHAPTER XVII

Bishops shall maintain their Dignity by Gravity of Demeanour; nor conduct themselves with Unworthy Servility towards the Ministers of Kings, towards Nobles, or Barons

The holy synod cannot but grievously lament hearing that certain bishops, forgetful of their own estate, do in no light manner disgrace the pontifical dignity; comporting themselves, both in church and out of it, with an unseemly kind of servility, towards the ministers of kings, nobles, and barons; and, as if they were inferior ministers of the altar, not only most unworthily give them place; but even serve them in person. Wherefore, the holy synod, detesting this and the like behaviour, doth, by renewing all the sacred canons, the general councils, and other apostolical sanctions appertaining to the decorum and weight of the episcopal dignity, enjoin, that bishops in future abstain from such conduct; charging them that, both in church and out of it, having before their eyes their own rank and order, they everywhere remember that they are fathers and pastors; [enjoining] also on others, as well princes as all other persons soever, to pay them paternal honour and due reverence.

CHAPTER XVIII

The Canons shall be exactly observed. If, at any time, a Dispensation is to be granted in regard thereof, it shall be done Validly, with Mature Deliberation, and Gratuitously

As it is expedient for the public good, to relax at times the fetters of the law, thereby more completely to meet, for the common advantage, the cases and necessities which arise; so also, to dispense too often with the law, and to yield to petitioners on account of precedent, rather than upon any certain discernment in regard of persons and circumstances, is nothing else but to open a way for each one to transgress the laws: Wherefore, know all men, that the most sacred canons are to be exactly observed by all, and, as far as is possible, without distinction. But if any urgent and just reason, and at times a greater advantage, shall require that some be dispensed with; this shall be granted, after the cause has been taken cognizance of, and after the most mature deliberation, and gratuitously, by all those soever to whom that dispensation appertains; and any dipensation granted otherwise shall be esteemed surreptitious.

CHAPTER XIX

Duelling is punished with the most Severe Penalties

The detestable custom of duelling, introduced by the contrivance of the devil, that by the bloody death of the bodies he may accomplish the ruin of the souls, shall be utterly exterminated from the Christian world. Any emperor, kings, dukes, princes, marquises, counts, and temporal lords by what other name soever entitled, who shall grant a place within their territories for single combat between Christians, shall be thereupon excommunicated, and shall be understood to be deprived of jurisdiction and dominion over any city, castle, or place, in or at which they have permitted the duel to take place, which they hold of the church; and if those places be held as a fief, they shall forthwith be escheated to their direct lords. But those persons who have fought, and those who are called their seconds, shall incur the penalty of excommunication, and the forfeiture of all their property, and of perpetual infamy, and are to be punished as homicides, according to the sacred canons; and if they have perished in the conflict itself, they shall for ever be deprived of ecclesiastical sepulture. Those also who have given counsel in the case of a duel, whether touching right, or fact, or have in any other way soever persuaded any one thereunto, as also the spectators thereof, shall be bound by the bond of excommunication, and of perpetual malediction; any privilege soever, or evil custom, though immemorial, notwithstanding.

CHAPTER XX

Matters appertaining to Ecclesiastical Law are recommended to Secular Princes

The holy synod being desirous that ecclesiastical discipline may not only be restored amongst the Christian people, but that it also may be for ever preserved sound and safe from all manner of hindrances; besides those things which it has ordained respecting ecclesiastical persons, has thought fit, that secular princes also be admonished of their duty; trusting that they, as Catholics, whom God hath willed to be the protectors of holy faith and Church, will not only grant that to the Church her own right be restored, but will also recall all their own subjects to the reverence due towards the clergy, parish priests, and the superior orders; nor permit that their officials, or inferior magistrates, through any eagerness of covetousness, or any want of consideration, violate that immunity of the Church and of ecclesiastical persons, which, by the ordinance of God, and by the sanctions of the canons, has been established; but that they render, together with the princes themselves, due observance to the sacred constitutions of Sovereign Pontiffs and of councils. It decrees, therefore, and enjoins, that the sacred canons, and all the general councils, as also all other apostolic sanctions, published in favour of ecclesiastical persons, of the liberty of the Church, and against the violators thereof,—all which it also renews by this present decree,—be exactly observed by all men. And on this account it admonishes the emperor, kings, republics, princes, and all and each, of what state and dignity soever they be, that, the more abundantly they are adorned with temporal goods, and with power over others, so much the more religiously should they respect whatsoever is of ecclesiastical right, as being commanded by God, and as being under the cover of His protection; and that they suffer not such to be injured by any barons, lords, governors, or other temporal masters, and above all by the immediate officers of the masters themselves; but animadvert severely on those, who obstruct her liberty, immunity, and jurisdiction. Unto whom let they themselves be an example in regard of piety, religion, and the protection of the churches, imitating those most excellent and religious princes their predecessors, who not only defended from injury at the hands of others, but, by their own authority and munificence, especially advanced the interests of the Church. And therefore let each one herein earnestly discharge his duty; that so the divine worship may be devoutly exercised, and prelates and other clerks remain, quietly and without hindrances, in their own residences and in the discharge of their duties, to the profit and edification of the people.

CHAPTER XXI

In all things the Authority of the Apostolic See shall remain untouched

Lastly, the holy synod declares, that all and each of the things which, under what clauses and words soever, have been ordained in this sacred council, touching the reformation of morals and ecclesiastical discipline, as well under the Sovereign Pontiffs Paul III. and Julius III., of happy memory, as under the most blessed Pius IV., have been so decreed, as that the authority of the Apostolic See both is, and is understood to be, ever untouched thereby.