The Bull Of Indiction Of The Sacred Oecumenical And General Council Of Trent
PAUL, bishop, servant of the servants of God, for the future memory hereof.
At the beginning of this our pontificate,—which, not for any merits of our own, but of its own great goodness, the providence of Almighty God hath committed unto us,—already perceiving unto what troubled times, and unto how many embarrassments in almost all our affairs, our pastoral solicitude and watchfulness were called; we would fain indeed have remedied the evils wherewith the Christian commonweal had been long afflicted, and well-nigh overwhelmed; but we too, as men compassed with infirmity, felt our strength unequal to take upon us so heavy a burthen. For, whereas we saw that peace was needful to free and preserve the commonweal from the many impending dangers, we found all replete with enmities and dissensions; and, above all, the (two) princes, to whom God has entrusted well-nigh the whole direction of events, at enmity with each other. Whereas we deemed it necessary that there should be one fold and one shepherd, for the Lord's flock in order to maintain the Christian religion in its integrity, and to confirm within us the hope of heavenly things; the unity of the Christian name was rent and well-nigh torn asunder by schisms, dissensions, heresies.
Wherefore, having been, as we have said, called upon to guide and govern the bark of Peter, in so great a tempest, and in the midst of so violent an agitation of the waves of heresies, dissensions, and wars; and, not relying sufficiently on our own strength, we, first of all, cast our cares upon the Lord, that He might sustain us, and furnish our soul with firmness and strength, our understanding with prudence and wisdom. Then, recalling to mind that our predecessors, men endowed with admirable wisdom and sanctity, had often, in the extremest perils of the Christian commonweal, had recourse to ecumenical councils and general assemblies of bishops, as the best and most opportune remedy, we also fixed our mind on holding a general council; and having consulted the opinions of those princes whose consent seemed to us to be specially useful and opportune for this our project; when we found them, at that time, not averse from so holy a work, we, as our letters and records attest, indicted an ecumenical council, and a general assembly of those bishops and other Fathers whose duty it is to assist thereat, to be opened at the city of Mantua, on the tenth of the calends of June, in the year 1537 of our Lord's Incarnation, and the third of our pontificate; having an almost assured hope that, when assembled there in the name of the Lord, He, as He promised, would be in the midst of us, and, in His goodness and mercy, easily dispel, by the breath of His mouth, all the storms and dangers of the times.
But,—as the enemy of mankind ever sets his snares against holy enterprises,—at the very outset, contrary to all our hopes and expectations, the city of Mantua was refused us, unless we would submit to certain conditions,—as described in other letters of ours,—which conditions were utterly alien to the institutes of our predecessors, to the state of the times, to our own dignity and liberty, that of this holy see, and of the ecclesiastical character. We were, therefore, necessitated to find another place, and to make choice of some other city; and whereas one fit and suitable did not immediately present itself, we were obliged to prorogue the celebration of the council unto the ensuing calends of November.
Wherefore, relying and resting on the authority of that Almighty God, Father, and Son, and Holy Ghost, and on the authority of His blessed apostles, Peter and Paul, (an authority) which we also exercise on earth; with the advice also and assent of our venerable brethren, the cardinals of the holy Roman Church; after having removed and annulled, as by these presents we do remove and annul, the suspension aforenamed, we indict, announce, convoke, appoint, and decree a sacred, ecumenical and general council,—to be opened on the ensuing calends of November of the present year, MDXLII, from the Incarnation of the Lord,—in the city of Trent, a place commodious, free, and convenient for all nations; and to be there prosecuted, concluded, and completed, with God's help, to His glory and praise, and the welfare of the whole Christian people; requiring, exhorting, admonishing all, of every country, as well our venerable brethren the patriarchs, archbishops, bishops, and our beloved sons the abbots, as also all others soever, unto whom, by right or privilege, the power has been granted of sitting in general councils, and of delivering their sentiments therein; enjoining moreover, and strictly commanding them, by virtue of the oath which they have taken to us and to this holy See, and in virtue of holy obedience, and under the other pains, which, by law or custom, are usually passed and proposed in the celebration of councils, against those who do not attend, that they are, undoubtedly to repair to and to be present themselves in person at this sacred council—unless they shall happen to be hindered by some just impediment, of which, however, they shall be obliged to furnish proof—or at all events by their own lawful deputies and proctors.
Given at Rome, at Saint Peter's, in the year MDXLII of the Lord's Incarnation, on the eleventh of the calends of June, in the eighth year of our pontificate.
Session The First Of The Oecumenical And Generalcouncil Of Trent
SESSION THE FIRST
Celebrated under the sovereign Pontiff, Paul III, on the thirteenth day of the month of December, in the year of the Lord, 1545.
DECREE TOUCHING THE OPENING OF THE COUNCIL
Doth it please you,—unto the praise and glory of the holy and undivided Trinity, Father, and Son, and Holy Ghost; for the increase and exaltation of the Christian faith and religion; for the extirpation of heresies; for the peace and union of the Church; for the reformation of the Clergy and Christian people; for the depression and extinction of the enemies of the Christian name,—to decree and declare that the sacred and general council of Trent do begin, and hath begun?
They answered: It pleaseth us.
INDICTION OF THE NEXT SESSION
And whereas the solemnity of the Nativity of our Lord Jesus Christ is near, and other festivals of the closing and opening year follow thereupon, doth it please you, that the first ensuing session be held on the Thursday after the Epiphany, which will be the seventh of the month of January, in the year of the Lord MDXLVI?
They answered: It pleaseth us.
Session The Second
Celebrated on the seventh day of the month of January, 1546.
DECREE TOUCHING THE MANNER OF LIVING, AND OTHER MATTERS TO BE OBSERVED, DURING THE COUNCIL
The sacred and holy Synod of Trent—lawfully assembled in the Holy Ghost, the same three legates of the Apostolic See presiding therein—recognising, with the blessed apostle James, that Every best gift and every perfect gift is from above, coming down from the father of lights, who, to those who ask of him wisdom, giveth to all abundantly, and upbraideth them not; and knowing withal that The fear of the Lord is the beginning of wisdom, hath ordained and decreed, that all and each of the faithful of Christ, assembled in the city of Trent, be exhorted, as they are hereby exhorted, to amend themselves of their evils and sins heretofore committed, and to walk henceforth in the fear of the Lord; not to fulfil the lusts of the flesh; to be instant in prayer; to confess more frequently; to receive the sacrament of the Eucharist; to visit churches; to fulfil, in fine, as far as each one shall be able, the commandments of the Lord; and, furthermore, to pray daily in private for peace between Christian princes, and for the unity of the Church: and as regards the bishops, and all others soever constituted in the priestly order, who are celebrating together an ecumenical council in this city, that they give heed to apply themselves assiduously to the praises of God; to offer up victims, praises, and prayers; to celebrate the sacrifice of the mass on each Sunday at least, the day whereon God made the light, rose again from the dead, and poured forth the Holy Ghost upon the disciples; making, as the same Holy Ghost enjoins by the apostle, supplications, prayers, intercessions, thanksgiving, for our most holy lord the Pope, for the emperor, for kings, and others who are placed in high stations, and for all men, that we may lead a quiet and peaceable life, may enjoy peace, and see an increase of faith. Furthermore, it exhorts that they fast at least on every Friday, in memory of the passion of the Lord, and give alms to the poor: further, on every Thursday there shall be celebrated, in the cathedral church, the mass of the Holy Ghost, with the litanies and other prayers appointed for this end; and on the same day there shall be said, in the other churches, at least the litanies and prayers; and during the time that the sacred services are being performed, let there be no talking or conversing together, but with mouth and mind association with the celebrant.
And in delivering their sentiments, when the priests of the Lord are sitting together in the place of benediction, no one—agreeably to the statute of the council of Toledo—ought either to be boisterous by immoderate outcries, or to cause disturbance by tumult; none to be contentious with false, vain, or obstinate disputation; but let whatsoever is said be so tempered by the mildest utterance of the words spoken, that neither the hearers may be offended, nor the rectitude of a correct judgment be warped by the mind being troubled.
Furthermore, this sacred Synod has ordained and decreed, that if it should chance to happen that any do not sit in their due places, and (thus) deliver their sentiments, even under the word Placet, (It pleaseth us,) are present at the Congregations, and take part in any other act whatsoever during the council, none shall thereby be prejudiced, none acquire a new right.
INDICTION OF THE NEXT SESSION
After this, the next Session was indicted for Thursday, the fourth of the ensuing February.
Session The Third
SESSION THE THIRD,
Celebrated on the fourth day of the month of February, in the year 1546.
DECREE TOUCHING THE SYMBOL OF FAITH
In the Name of the Holy and Undivided Trinity, Father, and Son, and Holy Ghost.
This sacred and holy, ecumenical, and general Synod of Trent,—lawfully assembled in the Holy Ghost, the same three legates of the Apostolic See presiding therein,—considering the magnitude of the matters to be treated of, especially of those comprised under the two heads, of the extirpating of heresies, and the reforming of manners, for the sake of which chiefly It is assembled, and recognizing with the apostles, that Its wrestling is not against flesh and blood, but against the spirits of wickedness in the high places, exhorts, with the same apostle, all and each above all things, to be strengthened in the Lord, and in the might of his power, in all things taking the shield of faith, wherewith they may be able to extinguish all the fiery darts of the most wicked one, and to take the helmet of salvation, with the sword of the spirit, which is the word of God. Wherefore, that this its pious solicitude may begin and proceed by the grace of God, It ordains and decrees that, before all other things, a confession of faith is to be set forth; following herein the examples of the Fathers, who have been wont, in the most sacred coucils, at the beginning of the Actions thereof, to oppose this shield against heresies; and with this alone, at times, have they drawn the unbelieving to the faith, overthrown heretics, and confirmed the faithful.
For which cause, this council has thought good, that the Symbol of faith which the holy Roman Church makes use of,—as being that principle wherein all who profess the faith of Christ necessarily agree, and that firm and alone foundation against which the gates of hell shall never prevail,—be expressed in the very same words in which it is read in all the churches.
Which Symbol is as follows: I believe in one God, the Father Almighty, maker of heaven and earth, of all things visible and invisible; and in one Lord Jesus Christ, the only-begotten Son of God, and born of the Father before all ages; God of God, light of light, true God of true God; begotten, not made, consubstantial with the Father, by whom all things were made: who for us men, and for our salvation, came down from the heavens, and was incarnate by the Holy Ghost of the Virgin Mary, and was made man: crucified also for us under Pontius Pilate, he suffered and was buried; and he rose again on the third day, according to the Scriptures; and he ascended into heaven, sitteth at the right hand of the Father; and again he will come with glory to judge the living and the dead; of whose kingdom there shall be no end: and in the Holy Ghost the Lord, and the giver of life, who proceedeth from the Father and the Son; who with the Father and the Son together is adored and glorified; who spoke by the prophets and one holy Catholic and Apostolic Church. I confess one baptism for the remission of sins; and I look for the resurrection of the dead, and the life of the world to come. Amen.
INDICTION OF THE NEXT SESSION
The same sacred and holy, ecumenical, and general Synod of Trent,—lawfully assembled in the Holy Ghost, the same three legates of the Apostolic See presiding therein,— understanding that many prelates in divers places are girt for their journey, and that some also are on their way hither; and considering that all that may be decreed by the said sacred Synod may seem to be in so much the greater estimation and honour with all men, as it shall have been sanctioned and confirmed by a more numerous and fuller council and attendance of Fathers, has resolved and decreed, that the next Session after the present be celebrated on the Thursday after Laetare Sunday next; but that, in the interim, the discussion and examination of those things which it shall seem fit to the said Synod to discuss and examine be not deferred.
Session The Fourth
Celebrated on the eighth day of the month of April, in the year MDXLVI.
DECREE CONCERNING THE CANONICAL SCRIPTURES
The sacred and holy, ecumenical, and general Synod of Trent,—lawfully assembled in the Holy Ghost, the Same three legates of the Apostolic Sec presiding therein,—keeping this always in view, that, errors being removed, the purity itself of the Gospel be preserved in the Church; which (Gospel), before promised through the prophets in the holy Scriptures, our Lord Jesus Christ, the Son of God, first promulgated with His own mouth, and then commanded to be preached by His Apostles to every creature, as the fountain of all, both saving truth, and moral discipline; and seeing clearly that this truth and discipline are contained in the written books, and the unwritten traditions which, received by the Apostles from the mouth of Christ himself, or from the Apostles themselves, the Holy Ghost dictating, have come down even unto us, transmitted as it were from hand to hand; (the Synod) following the examples of the orthodox Fathers, receives and venerates with an equal affection of piety, and reverence, all the books both of the Old and of the New Testament—seeing that one God is the author of both—as also the said traditions, as well those appertaining to faith as to morals, as having been dictated, either by Christ's own word of mouth, or by the Holy Ghost, and preserved in the Catholic Church by a continuous succession.
And it has thought it meet that a list of the sacred books be inserted in this decree, lest a doubt may arise in any one's mind, which are the books that are received by this Synod.
They are as set down here below: of the Old Testament: the five books of Moses, to wit, Genesis, Exodus, Leviticus, Numbers, Deuteronomy; Josue, Judges, Ruth, four books of Kings, two of Paralipomenon, the first book of Esdras, and the second which is entitled Nehemias; Tobias, Judith, Esther, Job, the Davidical Psalter, consisting of a hundred and fifty psalms; the Proverbs, Ecclesiastes, the Canticle of Canticles, Wisdom, Ecclesiasticus, Isaias, Jeremias, with Baruch; Ezechiel, Daniel; the twelve minor prophets, to wit, Osee, Joel, Amos, Abdias, Jonas, Micheas, Nahum, Habacuc, Sophonias, Aggaeus, Zacharias, Malachias; two books of the Machabees, the first and the second.
Of the New Testament: the four Gospels, according to Matthew, Mark, Luke, and John; the Acts of the Apostles written by Luke the Evangelist; fourteen epistles of Paul the apostle, (one) to the Romans, two to the Corinthians, (one) to the Galatians, to the Ephesians, to the Philippians, to the Colossians, two to the Thessalonians, two to Timothy, (one) to Titus, to Philemon, to the Hebrews; two of Peter the apostle, three of John the apostle, one of the apostle James, one of Jude the apostle, and the Apocalypse of John the apostle.
But if any one receive not, as sacred and canonical, the said books entire with all their parts, as they have been used to be read in the Catholic Church, and as they are contained in the old Latin vulgate edition; and knowingly and deliberately contemn the traditions aforesaid; let him be anathema.
DECREE CONCERNING THE EDITION, AND THE USE, OF THE SACRED BOOKS
Moreover, the same sacred and holy Synod,—considering that no small utility may accrue to the Church of God, if it be made known which out of all the Latin editions, now in circulation, of the sacred books, is to be held as authentic,—ordains and declares, that the said old and vulgate edition, which, by the lengthened usage of so many years, has been approved of in the Church, be, in public lectures, disputations, sermons and expositions, held as authentic; and that no one is to dare, or presume to reject it under any pretext whatever.
Furthermore, in order to restrain petulant spirits, it decrees, that no one, relying on his own skill, shall,—in matters of faith, and of morals pertaining to the edification of Christian doctrine,—wresting the sacred Scripture to his own senses, presume to interpret the said sacred Scripture contrary to that sense which holy mother Church,—whose it is to judge of the true sense and interpretation of the holy Scriptures,—hath held and doth hold; or even contrary to the unanimous consent of the Fathers; even though such interpretations were never (intended) to be at any time published. Contraveners shall be made known by their Ordinaries, and be punished with the penalties by law established.
And wishing, as is just, to impose a restraint, in this matter, also on printers, who now without restraint,—thinking, that is, that whatsoever they please is allowed them,—print, without the license of ecclesiastical superiors, the said books of sacred Scripture, and the notes and comments upon them of all persons indifferently, with the press ofttimes unnamed, often even fictitious, and what is more grievous still, without the author's name; and also keep for indiscriminate sale books of this kind printed elsewhere; (this Synod) ordains and decrees, that, henceforth, the sacred Scripture, and especially the said old and vulgate edition, be printed in the most correct manner possible; and that it shall not be lawful for any one to print, or cause to be printed, any books whatever, on sacred matters, without the name of the author; nor to sell them in future, or even to keep them, unless they shall have been first examined, and approved of, by the Ordinary; under pain of the anathema and fine imposed in a canon of the last Council of Lateran: and, if they be Regulars, besides this examination and approval, they shall be bound to obtain a license also from their own superiors, who shall have examined the books according to the form of their own statutes. As to those who lend, or circulate them in manuscript, without their having been first examined, and approved of, they shall be subjected to the same penalties as printers: and they who shall have them in their possession or shall read them, shall, unless they discover the authors, be themselves regarded as the authors.
And the said approbation of books of this kind shall be given in writing; and for this end it shall appear authentically at the beginning of the book, whether the book be written, or printed; and all this, that is, both the approbation and the examination, shall be done gratis, that so what ought to be approved, may be approved, and what ought to be condemned, may be condemned.
Besides the above, wishing to repress that temerity, by which the words and sentences of sacred Scripture are turned and twisted to all sorts of profane uses, to wit, to things scurrilous, fabulous, vain, to flatteries, detractions, superstitions, impious and diabolical incantations, sorceries, and defamatory libels; (the Synod) commands and enjoins, for the doing away with this kind of irreverence and contempt, and that no one may hence forth dare in any way to apply the words of sacred Scripture to these and such like purposes; that all men of this description, profaners and violators of the word of God, be by the bishops restrained by the penalties of law, and others of their own appointment.
INDICTION OF THE NEXT SESSION
Likewise, this sacred and holy Synod resolves and decrees, that the next ensuing Session be held and celebrated on the Thursday after the next most sacred festival of Pentecost.
SESSION THE FIFTH,
Celebrated on the seventeenth day of the month of June, in the year MDXLVI.
DECREE CONCERNING ORIGINAL SIN
That our Catholic faith, without which it is impossible to please God, may, errors being purged away, continue in its own perfect and spotless integrity, and that the Christian people may not be carried about with every wind of doctrine; whereas that old serpent, the perpetual enemy of mankind, amongst the very many evils with which the Church of God is in these our times troubled, has also stirred up not only new, but even old, dissensions touching original sin, and the remedy thereof; the sacred and holy, ecumenical and general Synod of Trent,—lawfully assembled in the Holy Ghost, the three same legates of the Apostolic See presiding therein,—wishing now to come to the reclaiming of the erring, and the confirming of the wavering,—following the testimonies of the sacred Scriptures, of the holy Fathers, of the most approved councils, and the judgment and consent of the Church itself, ordains, confesses, and declares these things touching the said original sin:
1. If any one does not confess that the first man, Adam, when he had transgressed the commandment of God in Paradise, immediately lost the holiness and justice wherein he had been constituted; and that he incurred, through the offence of that prevarication, the wrath and indignation of God, and consequently death, with which God had previously threatened him, and, together with death, captivity under his power who thenceforth had the empire of death, that is to say, the devil, and that the entire Adam, through that offence of prevarication, was changed, in body and soul, for the worse; let him be anathema.
Session The Sixth
SESSION THE SIXTH,
Celebrated on the thirteenth day of the month of January, 1547.
DECREE ON JUSTIFICATION
Proem.
Whereas there is, at this time, not without the shipwreck of many souls, and grievous detriment to the unity of the Church, a certain erroneous doctrine disseminated touching Justification; the sacred and holy, oecumenical and general Synod of Trent, lawfully assembled in the Holy Ghost — the most reverend lords, Giammaria del Monte, bishop of Palaestrina, and Marcellus of the title of the Holy Cross in Jerusalem, priest, cardinals of the holy Roman Church, and legates apostolic a latere, presiding therein, in the name of our most holy father and lord in Christ, Paul III., by the providence of God, Pope — purposes, unto the praise and glory of Almighty God, the tranquillising of the Church, and the salvation of souls, to expound to all the faithful of Christ the true and sound doctrine touching the said Justification; which (doctrine) the sun of justice, Christ Jesus, the author and finisher of our faith, taught, which the apostles transmitted, and which the Catholic Church, the Holy Ghost reminding her thereof, has always retained; most strictly forbidding that any henceforth presume to believe, preach, or teach, otherwise than as by this present decree is defined and declared.
CHAPTER I
On the Inability of Nature and of the Law to justify man.
The holy Synod declares first, that, for the correct and sound understanding of the doctrine of Justification, it is necessary that each one recognise and confess, that, whereas all men had lost their innocence in the prevarication of Adam — having become unclean, and, as the apostle says, by nature children of wrath, as (this Synod) has set forth in the decree on original sin — they were so far the servants of sin, and under the power of the devil and of death, that not the Gentiles only by the force of nature, but not even the Jews by the very letter itself of the law of Moses, were able to be liberated, or to arise, therefrom; although free will, attenuated as it was in its powers, and bent down, was by no means extinguished in them.
CHAPTER II
On the dispensation and mystery of Christ's advent.
Whence it came to pass, that the heavenly Father, the father of mercies and the God of all comfort, when that blessed fulness of the time was come, sent unto men, Jesus Christ, His own Son — who had been, both before the Law, and during the time of the Law, to many of the holy fathers announced and promised — that He might both redeem the Jews who were under the Law, and that the Gentiles, who followed not after justice, might attain to justice, and that all men might receive the adoption of sons. Him God hath proposed as a propitiator, through faith in his blood, for our sins, and not for our sins only, but also for those of the whole world.
CHAPTER III
Who are justified through Christ.
But, though He died for all, yet do not all receive the benefit of His death, but those only unto whom the merit of His passion is communicated. For as in truth men, if they were not born propagated of the seed of Adam, would not be born unjust — seeing that, by that propagation, they contract through him, when they are conceived, injustice as their own — so, if they were not born again in Christ, they never would be justified; seeing that, in that new birth, there is bestowed upon them, through the merit of His passion, the grace whereby they are made just. For this benefit the apostle exhorts us, evermore to give thanks to the Father, who hath made us worthy to be partakers of the lot of the saints in light, and hath delivered us from the power of darkness, and hath translated us into the Kingdom of the Son of his love, in whom we have redemption, and remission of sins.
CHAPTER IV
A description is introduced of the Justification of the impious, and of the Manner thereof under the law of grace.
By which words, a description of the Justification of the impious is indicated — as being a translation, from that state wherein man is born a child of the first Adam, to the state of grace, and of the adoption of the sons of God, through the second Adam, Jesus Christ, our Saviour. And this translation, since the promulgation of the Gospel, cannot be effected, without the laver of regeneration, or the desire thereof, as it is written; unless a man be born again of water and the Holy Ghost, he cannot enter into the Kingdom of God.
CHAPTER V
On the necessity, in adults, of preparation for Justification, and whence it proceeds.
the judge, (this Synod) in order to prevent a remedy which was instituted for the protection of innocence, from being abused to the defence of wickedness, and that this their craft and tergiversation may be met, hath ordained and decreed that: In causes relative to visitation and correction, or to competency or incompetency, as also in criminal causes, there shall be no appeal, before the definitive sentence, from the bishop or his vicar general in spirituals, against any interlocutory sentence, or other (alleged) grievance, whatsoever; neither shall the bishop, nor his vicar, be bound to defer to any such appeal, as being frivolous; but they may proceed to ulterior measures, that appeal, or any inhibition whatsoever emanating from a judge of appeal, as also every usage and custom even immemorial, to the contrary notwithstanding; except it be that the said grievance cannot be repaired by the definitive sentence, or that there is no appeal from the said definitive sentence; in which cases the statutes of the ancient canons shall remain untouched.
CHAPTER II
An appeal from the bishop in criminal causes, when to be committed to the Metropolitan, or to one of the nearest bishops.
A case of appeal-where there is room for such appeal-from the sentence of the bishop, or that of his vicar general, shall, if it happen to be a case committed by apostolic authority to judges on the spot, be referred to the metropolitan, or even to his vicar general in spirituals; or if that metropolitan be for some cause suspected, or be distant more than two days' journey as settled by law, or if it be from him that the appeal is made, the case shall be committed to one of the nearest bishops, or to the vicars thereof, but not to inferior judges.
CHAPTER III
The acts of the first instance shall, within thirty days, be given gratuitously to the accused appellant.
The accused who is in a criminal cause an appellant from the bishop, or from his vicar general in spirituals, shall absolutely produce, before the judge to whom he has appealed, the acts of the first instance; and the judge shall by no means proceed, without having seen them, to the absolution of the accused. And he, from whom the appeal is made, shall furnish on the demand (of the appellant), the said acts gratuitously within thirty days; otherwise the said case of appeal shall be terminated without them, in the way that justice may require.
CHAPTER IV
In what manner clerics are, on account of grievous crimes, to be degraded from sacred Orders.
And whereas crimes so grievous are sometimes committed by ecclesiastics, that, on account of the atrocity thereof, they have to be deposed from sacred orders, and delivered over to a secular court; in which case a certain number of bishops is, according to the Canons, required; and whereas, should there be a difficulty in assembling them all, the due execution of the law would be retarded; whilst, should they on any occasion be able to be present, their residence would be interrupted; therefore hath the Synod resolved and decreed, that it shall be lawful for a bishop, by himself or by his vicar general in spirituals, without the presence even of other bishops, to proceed against a cleric, even against one who is raised to the sacred order of the priesthood, even to his condemnation, as also to his verbal deposition; and he shall be able by himself to proceed even to actual and solemn degradation from the said ecclesiastical orders and degrees, in the cases wherein the presence of other bishops, in a specific number, is required by the Canons; taking, however, to himself, and being assisted therein by, a like number of abbots, who have the right of using the mitre and crosier by apostolic privilege, if so be that they can be found in the city, or diocese, and can conveniently be present; or in their default, (being assisted) by (a like number of) others persons constituted in ecclesiastical dignity, who are of weight by their age and recommended by their knowledge of law.
CHAPTER V
The bishop shall take summary cognizance of graces whereby a sin, or a punishment, is remitted.
And because it sometimes happens that, under false pleas, which notwithstanding seem probable enough, certain persons fraudulently obtain graces, whereby the punishments inflicted on them by the just severity of their bishops are either wholly remitted, or are mitigated; and whereas it is a thing not to be borne, that a lie, which is so exceedingly displeasing to God, should not only itself go unpunished, but even obtain for him that tells it, the pardon of another crime; the Synod hath for this cause ordained and decreed as follows: That a bishop, resident in his own church, shall of himself, as the delegate of the Apostolic See, take cognizance even summarily of the surreption or obreption of any grace, obtained under false pretences, for the absolution of any public crime or delinquency, into which he himself had instituted an inquiry; or for the remission of a punishment to which he has himself condemned the criminal; and he shall not admit the said grace, after that it shall have been lawfully ascertained, that it was obtained by the statement of what is false, or by the suppression of the truth.
CHAPTER VI
A bishop shall not be personally cited, save in a case involving deposition, or deprivation.
And whereas the subjects of a bishop, even though they have been justly chastened, do often nevertheless bear him a violent hatred, and, as if they had suffered some wrong at his hands, object false accusations against him, in order that they may annoy him by whatsoever means lie in their power—the fear which annoyance doth for the most part render the bishop more backward in inquiring into and punishing delinquencies; therefore, that a bishop may not be compelled—both to his own great inconvenience and that of his Church—to abandon the flock entrusted to him, and that he may not be forced—not without the diminution of the episcopal dignity—to wander from place to place, (the Synod) hath thus ordained and decreed: That a bishop, even though he be proceeded against ex officio, or by way of inquiry, or denunciation, or accusation, or in any other way whatsoever, shall not be cited or warned to appear in person, except for a cause for which he might have to be deposed from, or deprived of, his office.
CHAPTER VII
The qualifications of witnesses against a bishop are described.
In a criminal cause, witnesses shall not be received against a bishop, whether as to the information, or proofs, or other process affecting the principal point of the case, unless their testimony agree, and they be of a good life, in good esteem and reputation; and if they shall have made any deposition through hatred, rashness, or interest, they shall be subjected to grievous punishments.
CHAPTER VIII
Important episcopal causes shall be taken cognizance of by the Supreme Pontiff.
The causes of bishops, when, on account of the quality of the crime objected, they have to appear (in person), shall be carried before the Sovereign Pontiff, and be by him decided.
DECREE FOR POSTPONING THE DEFINITION OF FOUR ARTICLES TOUCHING THE SACRAMENT OF THE EUCHARIST, AND FOR GIVING A SAFE-CONDUCT TO PROTESTANTS
The same holy Synod—desiring to pluck out of the field of the Lord all the errors which like thorns have sprung up again on the subject of this most holy sacrament, and wishing to provide for the salvation of all the faithful, her daily prayers being devoutly offered up to Almighty God for this end—amongst the other articles, relative to this sacrament, which have been treated of with the most diligent inquiry into Catholic truth; very many and most accurate conferences, according to the importance of the matters, having been held, and the sentiments also of the most eminent theologians having been ascertained; has likewise treated of these following: whether it be necessary to salvation, and be prescribed of divine right, that all the faithful of Christ receive the said venerable sacrament under both species. And; whether he who communicates under either species receive less than he who communicates under both. And; whether holy Mother Church hath erred, by communicating, under the species of bread only, the laity, and priests when not celebrating. And; whether little children also are to be communicated. But whereas those, of the most noble province of Germany, who call themselves Protestants, desire to be heard by the holy Synod upon these said articles before they are defined, and for this end have asked for the public faith from the Synod, that they may be allowed to come hither in safety, dwell in this city, speak freely and set forth their sentiments before the Synod, and afterwards depart when they please; this holy Synod—although It has looked forward with great earnestness for many months past for their coming, nevertheless, as an affectionate mother that groaneth and travaileth, most ardently desiring and labouring after this, that, amongst those who bear the Christian name, there may be no schisms, but that, even as all acknowledge the same God and Redeemer, so may all say the same thing, believe the same, think the same—trusting in the mercy of God, and hoping that the result will be that they may be brought back to the most holy and salutary concord of one faith, hope, and charity, (and) yielding to them herein, hath, as far as the said Synod is concerned, given and granted, according to their request; a public assurance and faith, which they call a safe-conduct, of the tenor which will be set down below; and for their sakes It hath postponed the definition of those articles to the second next Session, which, that they may conveniently be present thereat, It hath indicted for the festival of the conversion of Saint Paul, which will be on the twenty-fifth day of the month of January of the ensuing year.
SAFE-CONDUCT GRANTED TO PROTESTANTS
The sacred and holy, general Synod of Trent, lawfully assembled in the Holy Ghost, the same Legate and Nuncios of the holy Apostolic See presiding therein, grants, as far as regards the holy Synod itself, to all and each one throughout the whole of Germany, whether ecclesiastics or Seculars, of whatsoever degree, estate, condition, quality they be, who may wish to repair to this oecumenical and general Council, the public faith and full security, which they call a safe-conduct, with all and each of the necessary and suitable clauses and decrees, even though they ought to be expressed specifically and not in general terms, and which it is Its wish shall be considered as expressed, so as that they may and shall have it in their power in all liberty to confer, make proposals, and treat on those things which are to be treated of in the said Synod; to come freely and safely to the said oecumenical Council, and there remain and abide, and propose therein, as well in writing as by word of mouth, as many articles as to them shall seem good, and to confer and dispute, without any abuse or contumely, with the Fathers, or with those who may have been selected by the said holy Synod; as also to withdraw whensoever they shall think fit. It hath furthermore seemed good to the holy Synod, that if, for their greater liberty and security, they desire that certain judges be deputed on their behalf, in regard of crimes whether committed, or that may be committed, by them, they shall themselves nominate those who are favourable towards them, even though the said crimes should be ever so enormous and should savour of heresy.
SESSION THE FOURTEENTH,
Being the fourth under the Sovereign Pontiff, Julius III., celebrated on the twenty-fifth of November, MDLI.
ON THE MOST HOLY SACRAMENTS OF PENANCE AND EXTREME UNCTION
Doctrine on the Sacrament of Penance.
The sacred and holy, oecumenical and general Synod of Trent, lawfully assembled in the Holy Ghost, the same Legate and Nuncios of the holy Apostolic See presiding therein, although, in the decree concerning Justification, there has been, through a certain kind of necessity, on account of the affinity of the subjects, much discourse introduced touching the sacrament of Penance; nevertheless, so great, in these our days, is the multitude of various errors relative to this sacrament, that it will be of no small public utility to have given thereof a more exact and full definition, wherein, all errors having been, under the protection of the Holy Ghost, pointed out and extirpated, Catholic truth may be made clear and resplendent; which (Catholic truth) this holy Synod now sets before all Christians to be perpetually retained.
CHAPTER I
On the necessity, and on the institution of the Sacrament of Penance.
If such, in all the regenerate, were their gratitude towards God, as that they constantly preserved the justice received in baptism by His bounty and grace; there would not have been need for another sacrament, besides that of baptism itself, to be instituted for the remission of sins. But because God, rich in mercy, knows our frame, He hath bestowed a remedy of life even on those who may, after baptism, have delivered themselves up to the servitude of sin and the power of the devil, — the sacrament to wit of Penance, by which the benefit of the death of Christ is applied to those who have fallen after baptism. Penitence was in deed at all times neccessary, in order to attain to grace and justice, for all men who had defiled themselves by any mortal sin, even for those who begged to be washed by the sacrament of Baptism; that so, their perverseness renounced and amended, they might, with a hatred of sin and a godly sorrow of mind, detest so great an offence of God. Wherefore the prophet says; Be converted and do penance for all your iniquities, and iniquity shall not be your ruin. The Lord also said; Except you do penance, you shall also likewise perish; and Peter, the prince of the apostoles, reconmending penitence to sinners who were about to be initiated by baptism, said; Do penance, and be baptized every one you. Nevertheless, neither before the coming of Christ was penitance a sacrament, nor is it such, since His coming, to any previously to baptism. But the Lord then principally instituted the sacrament of penance, when, being raised from the dead, He breathed upon His disciples, saying Receive ye the Holy Ghost, whose sins you shall forgive, they are forgiven them, and whose sins you shall retain, they are retained. By which action so signal, and words so clear, the consent of all the Fathers has ever understood, that the power of forgiving and retaining sins was communicated to the apostles and their lawful successors, for the reconciling of the faithful who have fallen after baptism. And the Catholic Church with great reason repudiated and condemned as heretics, the Novatians, who of old obstinately denied that power of forgiving. Wherefore, this holy Synod, approving of and receiving as most true this meaning of those words of our Lord, condemns the fanciful interpretations of those who, in opposition to the institution of this sacrament, falsely wrest those words to the power of preaching the word of God, and of an nouncing the Gospel of Christ.
CHAPTER II
On the difference between the Sacrament of Penance and that of Baptism.
For the rest, this sacrament is clearly seen to be different from baptism in many respects: for besides that it is very widely different indeed in matter and form, which constitute the essence of a sacrament, it is beyond doubt certain that the minister of baptism need not be a judge, seeing that the Church exercises judgment on no one who has not entered therein through the gate of baptism. For, what have I, saith the apostle, to do to judge them that are without? It is otherwise with those who are of the household of the faith, whom Christ our Lord has once, by the laver of baptism, made the members of His own body; for such, if they should afterwards have defiled themselves by any crime, He would no longer have them cleansed by a repetition of baptism — that being nowise lawful in the Catholic Church — but be placed as criminals before this tribunal; that, by the sentence of the priests, they might be freed, not once, but as often as, being penitent, they should, from their sins committed, flee thereunto. Furthermore, one is the fruit of baptism, and another that of penance. For, by baptism putting on Christ, we are made therein entirely a new creature, obtaining a full and entire remission of all sins: unto which newness and entireness, however, we are no ways able to arrive by the sacrament of Penance, without many tears and great labours on our parts, the divine justice demanding this; so that penance has justly been called by holy Fathers a laborious kind of baptism. And this sacrament of Penance is, for those who have fallen after baptism, necessary unto salvation; as baptism itself is for those who have not as yet been regenerated.
CHAPTER III
On the parts, and on the fruit of this Sacrament.
The holy synod doth furthermore teach, that the form of the sacrament of penance, wherein its force principally consists, is placed in those words of the minister, I absolve thee, &c: to which words indeed certain prayers are, according to the custom of holy Church, laudably joined, which nevertheless by no means regard the essence of that form, neither are they necesssary for the administration of the sacrament itself. But the acts of the penitent himself, to wit, contrition, confession and satisfaction, are as it were the matter of this sacrament. Which acts, inasmuch as they are, by God's institution, required in the penitent for the integrity of the sacrament, and for the full and perfect remission of sins, are for this reason called the parts of penance. But the thing signified indeed and the effect of this sacrament, as far as regards its force and efficacy, is reconciliation with God, which sometimes, in persons who are pious and who receive this sacrament with devotion, is wont to be followed by peace and serenity of conscience, with exceeding consolation of spirit. The holy Synod, whilst delivering these things touching the parts and the effect of this sacrament, condemns at the same time the opinions of those who contend, that, the terrors which agitate the conscience, and faith, are the parts of penance.
CHAPTER IV
On Contrition.
Contrition, which holds the first place amongst the aforesaid acts of the penitent, is a sorrow of mind, and a detestation for sin committed, with the purpose of not sinning for the future. This movement of contrition was at all times necessary for obtaining the pardon of sins; and, in one who has fallen after baptism, it then at length prepares for the remissions of sins, when it is united with confidence in the divine mercy, and with the desire of performing the other things which are required for rightly receiving this sacrament. Wherefore the holy Synod declares, that this contrition contains not only a cessation from sin, and the purpose and the beginning of a new life, but also a hatred of the old, agreeably to that saying; Cast away from you all your iniquities, wherein you have transgressed, and make to yourselves a new heart and a new spirit. And assuredly he who has considered those cries of the saints; To thee only have I sinned, and have done evil before thee, I have laboured in my groaning, every night I will wash my bed, I will recount to thee all my years, in the bitterness of my soul, and others of this kind, will easily understand that they flowed from a certain vehement hatred of their past life, and from an exceeding detestation of sins. The Synod teaches moreover, that, although it sometimes happen that this contrition is perfect through charity, and reconciles man with God before this sacrament be actually received, the said reconciliation, nevertheless, is not to be ascribed to that contrition, independently of the desire of the sacrament which is included therein. And as to that imperfect contrition, which is called attrition, because that it is commonly conceived either from the consideration of the turpitude of sin, or from the fear of hell and of punishment, It declares that if, with the hope of pardon, it exclude the wish to sin, it not only does not make a man a hypocrite, and a greater sinner, but that it is even a gift of God, and an impulse of the Holy Ghost, —who does not indeed as yet dwell in the penitent, but only moves him, —whereby the penitent being assisted prepares a way for himself unto justice. And although this (attrition) cannot of itself, without the sacrament of penance, conduct the sinner to justification, yet does it dispose him to obtain the grace of God in the sacrament of Penance. For, smitten profitably with this fear, the Ninivites, at the preaching of Jonas, did fearful penance and obtained mercy from the Lord. Wherefore falsely do some calumniate Catholic writers, as if they had maintained that the sacrament of Penance confers grace without any good motion on the part of those who receive it: a thing which the Church of God never taught, or thought: and falsely also do they assert that contrition is extorted and forced, not free and voluntary.
CHAPTER V
On Confession.
CHAPTER I
On the institution of the Priesthood of the New Law.
Sacrifice and priesthood are, by the ordinance of God, in such wise conjoined, as that both have existed in every law. Whereas, therefore, in the New Testament, the Catholic Church has received, from the institution of Christ, the holy visible sacrifice of the Eucharist; it must needs also be confessed, that there is, in that Church, a new, visible, and external priesthood, into which the old has been translated. And the sacred Scriptures show, and the tradition of the Catholic Church has always taught, that this priesthood was instituted by the same Lord our Saviour, and that to the apostles, and their successors in the priesthood, was the power delivered of consecrating, offering, and administering His Body and Blood, as also of forgiving and of retaining sins.
CHAPTER II
On the Seven Orders.
And whereas the ministry of so holy a priesthood is a divine thing; to the end that it might be exercised in a more worthy manner, and with greater veneration, it was suitable that, in the most well-ordered settlement of the church, there should be several and diverse orders of ministers, to minister to the priesthood, by virtue of their office; orders so distributed as that those already marked with the clerical tonsure should ascend through the lesser to the greater orders. For the sacred Scriptures make open mention not only of priests, but also of deacons; and teach, in words the most weighty, what things are especially to be attended to in the Ordination thereof; and, from the very beginning of the church, the names of the following orders, and the ministrations proper to each one of them, are known to have been in use; to wit those of subdeacon, acolyth, exorcist, lector, and door-keeper; though these were not of equal rank: for the subdeavonship is classed amongst the greater orders by the Fathers and sacred Councils, wherein also we very often read of the other inferior orders.
CHAPTER III
That Order is truly and properly a Sacrament.
Whereas, by the testimony of Scripture, by Apostolic tradition, and the unanimous consent of the Fathers, it is clear that grace is conferred by sacred ordination, which is performed by words and outward signs, no one ought to doubt that Order is truly and properly one of the seven sacraments of holy Church. For the apostle says; I admonish thee that thou stir up the grace of God, which is in thee by the imposition of my hands. For God has not given us the spirit of fear, but of power and of love of sobriety.
But, forasmuch as in the sacrament of Order, as also in Baptism and Confirmation, a character is imprinted, which can neither be effaced nor taken away; the holy Synod with reason condemns the opinion of those, who assert that the priests of the New Testament have only a temporary power; and that those who have once been rightly ordained, can again become laymen, if they do not exercise the ministry of the word of God. And if any one affirm, that all Christians indiscrequently are priests of the New Testament, or that they are all mutually endowed with an equal spiritual power, he clearly does nothing but confound the ecclesiastical hierarchy, which is as an army set in array; as if, contrary to the doctrine of blessed Paul, all were apostles, all prophets, all evangelists, all pastors, all doctors.
Wherefore, the holy Synod declares that, besides the other ecclesiastical degrees, bishops, who have succeeded to the place of the apostles, principally belong to this hierarchial order; that they are placed, as the same apostle says, by the Holy Ghost, to rule the Church of God; that they are superior to priests; administer the sacrament of Confirmation; ordain the ministers of the Church; and that they can perform very many other things; over which functions others of an inferior order have no power.
Furthermore, the sacred and holy Synod teaches, that, in the ordination of bishops, priests, and of the other orders, neither the consent, nor vocation, nor authority, whether of the people, or of any civil power or magistrate whatsoever, is required in such wise as that, without this, the ordination is invalid: yea rather doth It decree, that all those who, being only called and instituted by the people, or by the civil power and magistrate, ascend to the exercise of these ministrations, and those who of their own rashness assume them to themselves, are not ministers of the church, but are to be looked upon as thieves and robbers, who have not entered by the door.
These are the things which it hath seemed good to the sacred Synod to teach the faithful in Christ, in general terms, touching the sacrament of Order. But It hath resolved to condemn whatsoever things are contrary thereunto, in express and specific canons, in the manner following; in order that all men, with the help of Christ, using the rule of faith, may, in the midst of the darkness of so many errors, more easily be able to recognise and to hold Catholic truth.
ON THE SACRAMENT OF ORDER
CANON I.--If any one saith, that there is not in the New Testament a visible and external priesthood; or that there is not any power of consecrating and offering the true body and blood of the Lord, and of forgiving and retaining sins; but only an office and bare ministry of preaching the Gospel, or, that those who do not preach are not priests at all; let him be anathema.
CANON II.--If any one saith, that, besides the priesthood, there are not in the Catholic Church other orders, both greater and minor, by which, as by certain steps, advance is made unto the priesthood; let him be anathema.
CANON III.--If any one saith, that order, or sacred ordination, is not truly and properly a sacrament instituted by Christ the Lord; or, that it is a kind of human figment devised by men unskilled in ecclesiastical matters; or, that it is only a kind of rite for choosing ministers of the word of God and of the sacraments; let him be anathema.
CANON IV.--If any one saith, that, by sacred ordination, the Holy Ghost is not given; and that vainly therefore do the bishops say, Receive ye the Holy Ghost; or, that a character is not imprinted by that ordination; or, that he who has once been a priest, can again become a layman; let him be anathema.
CANON V.--If any one saith, that the sacred unction which the Church uses in holy ordination, is not only not required, but is to be despised and is pernicious, as likewise are the other ceremonies of Order; let him be anathema.
CANON VI.--If any one saith, that, in the Catholic Church there is not a hierarchy by divine ordination instituted, consisting of bishops, priests, and ministers; let him be anathema.
CANON VII.--If any one saith, that bishops are not superior to priests; or, that they have not the power of confirming and ordaining; or, that the power which they possess is common to them and to priests; or, that orders, conferred by them, without the consent, or vocation of the people, or of the secular power, are invalid; or, that those who have neither been rightly ordained, nor sent, by ecclesiastical and canonical power, but come from elsewhere, are lawful ministers of the word and of the sacraments; let him be anathema.
CANON VIII.--If any one saith, that the bishops, who are assumed by authority of the Roman Pontiff, are not legitimate and true bishops, but are a human figment; let him be anathema.
DECREE ON REFORMATION
The same sacred and holy Synod of Trent, prosecuting the matter of reformation, resolves and decrees that the things following be at present ordained.
CHAPTER I
The negligence of Pastors of Churches in residing is variously punished: provision is made for the cure of souls.
Whereas it is by divine precept enjoined on all, to whom the cure of souls is committed, to know their own sheep; to offer sacrifice for them; and, by the preaching of the divine word, by the administration of the sacraments, and by the example of all good works, to feed them; to have a fatherly care of the poor and of other distressed persons, and to apply themselves to all other pastoral duties; all which (offices) cannot be rendered and fulfilled by those who neither watch over nor are with their own flock, but abandon it after the manner of hirelings; the sacred and holy Synod admonishes and exhorts such, that mindful of the divine precepts, and made a pattern of the flock, they feed and rule in judgment and in truth. And for fear lest those things which have been already elsewhere holily and usefully ordained, concerning residence, under Paul III., of happy memory, may be wrested to a meaning alien from the mind of the sacred and holy Synod, as if by virtue of that decree it were lawful to be absent during five continuous months; the sacred and holy Synod, adhering to those decrees, declares, that all persons who are—under whatsoever name and title, even though they be cardinals of the holy Roman Church—set over any patriarchal, primatial, metropolitan, and cathedr al churches whatsoever, are obliged to personal residence in their own church, or diocese, where they shall be bound to discharge the office enjoined them; and may not be absent thence, save for the causes and in the manner subjoined.
For whereas Christian charity, urgent necessity, due obedience, and the evident utility of the Church, or of the commonwealth, require and demand that some at times be absent, this same sacred and holy Synod ordains, that these causes of lawful absence are to be approved of in writing by the most blessed Roman Pontiff, or by the metropolitan, or, in his absence, by the oldest resident suffragan bishop, whose duty it shall also be to approve of the absence of the metropolitan; except when such absence happens in consequence of some employment and office in the state attached to the bishoprics; the causes of which absence being notorious, and at times sudden, it will not be necessary even to notify them to the metropolitan; to whom it shall however belong, conjointly with the provincial Council, to judge of the permissions granted by himself, or by his suffragan, and to see that no one abuse that right, and that transgressors are punished with the penalties adjudged by the canons. Meanwhile let those about to depart remember to provide in such sort for their sheep, as that, as far as possible, they may not suffer any injury through their absence.
But, forasmuch as those who are only absent for a short period, are, in the sense of the ancient canons, not supposed to be absent, for that they are about to return immediately; the sacred and holy Synod wills, that that term of absence, whether continuous or interrupted, ought not by any means to exceed two, or at most three, months; except for the causes above named; and that regard be had that it be done from a just cause, and without any detriment to the flock: which, whether it be the case, the Synod leaves to the conscience of those who withdraw themselves which It hopes will be religious and timorous; seeing that their hearts are open before God, whose work they are bound, at their periol, not to do deceitfully. In the meantime It admonishes and exhorts them in the Lord, that unless their episcopal duties call them to some other part of their own diocese, they on no account be absent from their own cathedral church during the period of the Advent of the Lord, and of Lent, on the days of the Nativity, of the Lord's Resurrection, of Pentecost, and of Corpus Christi, on which days especially the sheep ought to be refreshed, and to rejoice in the Lord at the presence of the Shepherd.
But if any one, which it is hoped will never happen, shall be absent, contrary to the regulation of this decree, the sacred and holy Synod ordains, that, in addition to the other penalties imposed upon and renewed against non-residents, under Paul III., and the guilt of mortal sin which such an one incurs, he acquires no property in any fruits, in proportion to the time of his absence, and that he cannot, even though no other declaration but this follow, retain them as his with a safe conscience; but is bound, or, in his default, his ecclesiastical superior for him, to apply them to the fabric of the churches, or to the poor of the place; every kind of agreement, or composition as it is called, in regard of ill-gotten fruits, being prohibited, whereby the aforesaid fruits even might be wholly, or in part, restored to him; any privileges whatsoever, granted to any college or fabric, to the contrary notwithstanding.
The same also, both as regards the guilt, the loss of fruits, and the penalties, does the sacred and holy Synod wholly declare and decree, in regard of inferior pastors, and all others whomsoever who hold any ecclesiastical benefice having cure of souls; in such wise, however, as that, whensoever it shall happen that they are absent, for a cause that has been first made known to, and been approved of by, the bishop, they shall leave, with a due allowance of stipend, a suitable vicar, to be approved of by the Ordinary. And they shall not obtain permission to be absent,—which is to be granted in writing and gratuitously,—for a larger period than two months, except for some weighty cause; and if, after having been cited, even though not personally, by an edict, they shall be contumacious, the Synod wills, that it be in the power of the Ordinaries to constrain them by ecclesiastical censures, and by the sequestration and substraction of fruits, and by other legal remedies, even as far as deprivation; and that the execution hereof shall not be able to be suspended by any manner of privilege soever, license, claim as a domestic, exemption,—though even upon the ground of any manner of benefice,—by any compact, or statute,—even though confirmed by oath or by what authority soever,—by any custom, even though immemorial, which herein is to be looked upon rather as a corruption, or by any appeal, or inhibition, even in the Roman Court, or by virtue of the constitution of Eugenius. Finally, the holy Synod commands, that both the decree under Paul III., and this present, shall be published in the provincial and episcopal councils; for It desires that things so nearly concerning the office of pastors, and the salvation of souls, be frequently impressed on the minds and ears of all men, that so, with God's help, they may never hereafter be abolished through the injury of time, the forgetfulness of men, or by desuetude.
CHAPTER II
Those set over Churches shall receive the rite of consecration within three months; where the consecration is to take place.
Those who,—under whatsoever name or title, even though they be cardinals of the holy Roman Church,—have been set over cathedral, or superior, churches, if they shall not, within three months, have received the rite of consecration, shall be bound to restore the fruits which they have received; if they shall have neglected to do this within three other months afterwards, they shall be ipso jure deprived of their churches. And their consecration, if performed out of the Court of Rome, shall be celebrated in the church to which they have been promoted, or in the province, if it can be conveniently done.
CHAPTER III
Bishops, except in case of illness, shall confer Order in person.
Bishops shall themselves confer orders; but, should they be prevented by illness, they shall not send their subjects to another bishop for ordination, unless they have been already approved of and examined.
CHAPTER IV
Who are to be initiated by the first tonsure.
None shall be initiated by the first tonsure, who have not received the sacrament of Confirmation; and who have not been taught the rudiments of the faith; and who do not know how to read and write; and in whose regard there is not a probable conjecture, that they have chosen this manner of life, that they may render unto God a faithful service, and not that they may fraudulently withdraw themselves from Secular jurisdiction.
CHAPTER V
Wherewith those who are to be ordained are to be furnished.
Those who are to be promoted to minor orders shall have a good testimonial from their parish priest; and from the master of the school in which they are educated. As to those who are to be raised to any one of the greater orders, they shall, a month before ordination, repair to the bishop, who shall commission the parish priest, or such other person as may be deemed more expedient, to state publicly in the church the names and the desire of those who wish to be promoted; and to diligently inform himself, from persons worthy of credit, of the birth, age, morals, and life of those who are to be ordained, and shall transmit to the bishop himself, as soon as possible, letters testimonial containing the actual inquiry that has been made.
The age of fourteen years is required for an ecclesiastical benfice; who is to enjoy the privilege of the (ecclesiastical) court.
No one, after being initiated by the first tonsure, or even after being constituted in minor orders, shall be able to hold a benefice before his fourteenth year. Further, he shall not enjoy the privilege of the (ecclesiastical) court, unless he have an ecclesiastical benefice; or, wearing the ecclesiastical dress and tonsure, he serves in some church by the bishop's order, or lives with the bishop's permission in an ecclesiastical seminary, or in some school, or university, on the way as it were to receive the greater orders. As regards married clerks, the constitution of Boniface VIII., which begins, clerici qui cum unicis, shall be observed; provided the said clerks, being deputed by the bishop to the service or ministry of some church, serve and minister therein, and wear the clerical dress and tonsure: no privilege, or custom, even immemorial, availing any one herein.
CHAPTER VII
Those to be ordained are to be examined by persons versed in divine and human laws.
The holy Synod, adhering to the traces of the ancient canons, ordains, that when a bishop has arranged to hold an ordination, all who may wish to be received into the sacred ministry shall be summoned to the city, for the Thursday before the said ordination, or for such other day as the bishop shall think fit. And the bishop, calling to his assistance priests and other prudent persons, well skilled in the divine law, and of experience in the constitutions of the church, shall diligently investigate and examine the parentage, person, age, education, morals, learning, and faith of those who are to be ordained.
CHAPTER VIII
How, and by whom, each ought to be ordained.
Ordinations of sacred orders shall be celebrated publicly, at the time appointed by law, and in the cathedral churches, in the presence of the canons of that church, who are to be invited for that purpose; but, if they are celebrated in some other place of the diocese, in the presence of the clergy of the place; the principal church being always, as far as possible, made use of. But each one shall be ordained by his own bishop. And if any one ask to be promoted by another bishop, this shall by no means be allowed him, even under the pretext of any general or special rescript or privilege whatsoever, even at the appointed times; unless his probity and morals be recommended by the testimony of his own Ordinary; otherwise, he who ordains him shall be suspended from conferring orders during a year, and he who has been ordained shall be suspended from exercising the orders which he has received, for as long a period as shall seem expedient to his own Ordinary.
CHAPTER IX
A bishop ordaining one of his own household, shall at once and really confer upon him a benefice.
A bishop may not ordain one of his household, who is not his subject, unless he has lived with him for the space of three years; and he shall really, and without fraud of any kind, at once confer on him a benefice; any custom, even though immemorial, to the contrary notwithstanding.
CHAPTER X
Prelates inferior to bishops shall not give the tonsure, or minor orders, save to Regulars their own subjects; neither shall they, nor any Chapters whatsoever, grant dimissory letters; a more grievous penalty is enacted against those who offend against this decree.
It shall not henceforth be lawful for abbots, or for any other persons whatsoever, howsoever exempted, being within the limits of any diocese, even though they be said to be of no diocese, or to be exempted, to confer the tonsure, or minor orders on any one who is not a Regular subject to them; nor shall the said abbots, and other exempted persons, or any colleges, or Chapters whatsoever, even those of cathedral churches, grant letters dimissory to any Secular clerics to be ordained by others. But the ordination of all these persons shall appertain to the bishops within the limits of whose diocese they are, all things considered in the decrees of this holy Synod being observed; any privilege, prescriptions, or customs, even though immemorial, notwithstanding. And the Synod ordains, that the penalty imposed on those, who, contrary to the decree of this holy Synod under Paul III., obtain, during the vacancy of the episcopal See, letters dimissory from the Chapter, be also extended to those who shall obtain the said letters, not from the Chapter, but from any other persons whatsoever, who, during the vacancy of the See, succeed to the jurisdiction of the bishop, in lieu of the Chapter. And they who give dimissory letters, contrary to the form of this decree, shall be ipso jure suspended during a year from their office and benefice.
CHAPTER XI
The interstices, and certain other regulations, to be observed in receiving minor orders.
The minor orders shall not be given but to such as understand the Latin language at least, observing the appointed interstices of time, unless the bishop shall think it more expedient to act otherwise; that so they may be the more accurately taught how great is the obligation of this their state of life; and may exercise themselves in each office, agreeably to the appointment of the bishop; and this in the church to which they shall be assigned, unless they happen to be absent on account of their studies; and may thus ascend step by step: that so with their increasing age they may grow in worthiness of life and in learning; of which they will give proof especially by the example of their good conduct, by their assiduous service in the church, their greater reverence towards priests and the superior orders, and by a more frequent communion than heretofore of the Body of Christ. And whereas from these orders is the entrance unto higher orders and to the most sacred mysteries, no one shall be admitted thereunto, whom the promise of knowledge does not point out as worthy of the greater orders. And such shall not be promoted to sacred orders till a year after the reception of the last degree of minor orders; unless necessity, or the utility of the church, in the bishop's judgment, shall require otherwise.
CHAPTER XII
Age required for the major orders; the deserving only to be admitted.
No one shall for the future be promoted to the order of subdeaconship before the twenty-second year of age; to that of deaconship before his twenty-third year; to that of priesthood before his twenty-fifth year. Nevertheless, bishops are to know, that not all who have attained to that age must needs be admitted to the aforesaid orders, but those only who are worthy, and whose commendable life is an old age. Regulars likewise shall not be ordained under the above age, nor without a diligent examination by the bishop; all privileges whatsoever in this regard being completely set aside.
CHAPTER XIII
On the conditions required in the Ordination of a Subdeacon and Deacon: on no one shall two sacred Orders be conferred on the same day.
Such as have a good testimonial, and have been already tried in minor orders, and are instructed in letters, and in those things which belong to the exercise of their orders, shall be ordained subdeacons and deacons. They shall have a hope, with God's help, to be able to live continently; they shall serve in the churches to which they may be assigned; and are to know that it is very highly becoming that, after ministering at the altar, they should receive the sacred communion, at least on the Lord's days and solemnities. Those who have been promoted to the sacred order of the subdeaconship shall not, until they have remained therein during at least a year, be permitted to ascend to a higher degree, unless the bishop shall judge otherwise. Two sacred orders shall not be conferred on the same day, even upon Regulars; any privileges and indults whatsoever, to whomsoever granted, to the contrary notwithstanding.
CHAPTER XIV
Who are to be raised to the Priesthood: their office.
Those who have conducted themselves piously and faithfully in their precedent functions, and are promoted to the order of priesthood, shall have a good testimonial, and be persons who not only have served in their office of deacon during at least an entire year—unless for the utility and the necessity of the Church, the bishop should judge otherwise—but who have also been approved to be, by a careful previous examination, capable of teaching the people those things which it is necessary for all to know unto salvation, as also fit to administer the sacraments; and so conspicuous for piety and chasteness of morals, as that a shining example of good works and a lesson how to live may be expected from them. The bishop shall take care that they celebrate mass at least on the Lord's Days, and on solemn festivals; but, if they have the cure of souls, so often as to satisfy their obligation. The bishop may, for a lawful cause, grant a dispensation to those who have been promoted per saltum, provided they have not exercised the ministry (of that order).
CHAPTER XV
No one shall hear confessions, unless he be approved of by the Ordinary.
Although priests receive in their ordination the power of absolving from sins; nevertheless, the holy Synod ordains, that no one, even though he be a Regular, is able to hear the confessions of Seculars, not even of priests, and that he is not to be reputed fit thereunto, unless he either holds a parochial benefice, or is, by the bishops, after an examination if they shall think it necessary, or in some other manner, judged capable; and has obtained their approval, which shall be granted gratuitously; any privileges, and custom whatsoever, though immemorial, to the contrary notwithstanding.
CHAPTER XVI
Those who are ordained shall be assigned to a particular church.
Whereas no one ought to be ordained, who, in the judgment of his own bishop, is not useful or necessary for his churches, the holy Synod, adhering to the traces of the sixth canon of the council of Chalcedon, ordains, that no one shall for the future be ordained without being attached to that church, or pious place, for the need, or utility of which he is promoted; there to discharge his duties, and not wander about without any certain abode. And if he shall quit that place without consulting the bishop, he shall be interdicted from the exercise of his sacred (orders). Furthermore, no cleric, who is a stranger, shall, without letters commendatory from his own Ordinary, be admitted by any bishop to celebrate the divine mysteries, and to administer the sacraments.
CHAPTER XVII
In what manner the exercise of the minor orders is to be restored.
That the functions of holy orders, from the deacon to the janitor, which functions have been laudably received in the Church from the times of the apostles, and which have been for some time interrupted in very many places, may be again brought into use in accordance with the sacred canons; and that they may not be traduced by heretics as useless; the holy Synod, burning with the desire of restoring the pristine usage, ordains that, for the future, such functions shall not be exercised but by those who are actually in the said orders; and It exhorts in the Lord all and each of the prelates of the churches, and commands them, that it be their care to restore the said functions, as far as it can be conveniently done, in the cathedral, collegiate, and parochial churches of their dioceses, where the number of the people and the revenues of the church can support it; and, to those who exercise those functions, they shall assign salaries out of some part of the revenues of any simple benefices, or those of the fabric of the church, if the funds allow of it, or out of the revenues of both together, of which stipends they may, if negligent, be mulcted in a part, or be wholly deprived thereof, according to the judgment of the Ordinary. And if there should not be unmarried clerics at hand to exercise the functions of the four minor orders, their place may be supplied by married clerics of approved life; provided they have not been twice married, be competent to discharge the said duties, and wear the tonsure and the clerical dress in church.
CHAPTER XVIII
Method of establishing Seminaries for Clerics, and of educating the same therein.
Whereas the age of youth, unless it be rightly trained, is prone to follow after the pleasures of the world; and unless it be formed, from its tender years, unto piety and religion, before habits of vice have taken possession of the whole man, it never will perfectly, and without the greatest, and well-nigh special, help of Almighty God, persevere in ecclesiastical discipline; the holy Synod ordains, that all cathedral, metropolitan, and other churches greater than these, shall be bound, each according to its means and the extent of the diocese, to maintain, to educate religiously, and to train in ecclesiastical discipline, a certain number of youths of their city and diocese, or, if that number cannot be met with there, of that province, in a college to be chosen by the bishop for this purpose near the said churches, or in some other suitable place. Into this college shall be received such as are at least twelve years old, born in lawful wedlock, and who know how to read and write competently, and whose character and inclination afford a hope that they will always serve in the ecclesiastical ministry. And It wishes that the children of the poor be principally selected; though It does not however exclude those of the more wealthy, provided they be maintained at their own expense, and manifest a desire of serving God and the Church. The bishop, having divided these youths into as many classes as he shall think fit, according to their number, age, and progress in ecclesiastical discipline, shall, when it seems to him expedient, assign some of them to the ministry of the churches, the others he shall keep in the college to be instructed; and shall supply the place of those who have been withdrawn, by others; that so this college may be a perpetual seminary of ministers of God. And that the youths may be the more advantageously trained in the aforesaid ecclesiastical discipline, they shall always at once wear the tonsure and the clerical dress; they shall learn grammar, singing, ecclesiastical computation, and the other liberal arts; they shall be instructed in sacred Scripture; ecclesiastical works; the homilies of the saints; the manner of administering the sacraments, especially those things which shall seem adapted to enable them to hear confessions; and the forms of the rites and ceremonies. The bishop shall take care that they be present every day at the sacrifice of the mass, and that they confess their sins at least once a month; and receive the body of our Lord Jesus Christ as the judgment of their confessor shall direct; and on festivals serve in the cathedral and other churches of the place.
All which, and other things advantageous and needful for this object, all bishops shall ordain—with the advice of two of the senior and most experienced canons chosen by himself—as the Holy Spirit shall suggest; and shall make it their care, by frequent visitations, that the same be always observed. The froward, and incorrigible, and the disseminators of evil morals, they shall punish sharply, even by expulsion if necessary; and, removing all hindrances, they shall carefully foster whatsoever appears to tend to preserve and advance so pious and holy an institution.
forasmuch as some certain revenues will be necessary, for raising the building of the college, for paying their salaries to the teachers and servants, for the maintenance of the youths, and for other expenses; besides those funds which are, in some churches and places, set apart for training or maintaining youths, and which are to be hereby looked upon as applied to this seminary under the said charge of the bishop; the bishops as aforesaid, with the advice of two of the Chapter,—of whom one shall be chosen by the bishop, and the other by the Chapter itself, and also of two of the clergy of the city, the election of one of whom shall in like manner be with the bishop, and of the other with the clergy,—shall take a certain part or portion, out of the entire fruits of the episcopal revenue, and of the chapter, and of all dignities whatsoever, personates, offices, prebends, portions, abbies, and priories, of whatsoever order, even though Regular, or of whatsoever quality, or condition they may be, and of hospitals which are conferred under title or administration, pursuant to the constitution of the Council of Vienne, which begins Quia contingit; and of all benefices whatsoever, even those belonging to Regulars, even those which are under any right of patronage, even those that are exempted, that are of no diocese, or are annexed to other churches, monasteries, hospitals, or to any other pious places, even such as are exempted; as also of the revenues devoted to the fabrics of churches, and of other places, and likewise of all other ecclesiastical revenues and proceeds whatsoever, even those of other colleges;—in which, however, there are not actually seminaries of scholars, or of teachers, for promoting the common good of the Church; for the Synod wills that those places be exempted, except in regard of such revenues as may remain over and above the suitable support of the said seminaries;—or of bodies, or confraternities, which in some places are called schools, likewise of all monasteries, with the exception of the Mendicants; also of the tithes in any way belonging to laymen, out of which ecclesiastical subsidies are wont to be paid; and those belonging to the soldiers of any military body, or order, the brethren of Saint John of Jerusalem alone excepted; and they shall apply to, and incorporate with, the said college this portion so deducted, as also a certain number of simple benefices, of whatsoever quality and dignity they may be, or even prestimonies, or prestimonial portions as they are called, even before they fall vacant, without prejudice however to the divine service, or to those who hold them. And this shall have effect, even though the benefices be reserved or appropriated to other uses; nor shall this union and application of the said benefices be suspended, or in any way hindered, by any resignation thereof, but shall still in any case have effect, notwithstanding any way whatever in which they may be vacated, even be it in the Roman court, and notwithstanding any constitution whatsoever to the contrary.
The bishop of the place shall, by ecclesiastical censures, and other legal means, even by calling in for this purpose, if he think fit, the help of the Secular arm, compel the possessors of benefices, dignities, personates, and of all and singular the above-named (revenues), to pay this portion not merely on their own account, but also on account of whatsoever pensions they may happen to have to pay to others, out of the said revenues,—keeping back however a sum equivalent to that which they have to pay on account of those pensions: notwithstanding as regards all and singular the above-mentioned premises, any privileges, exemptions—even such as might require a special derogation—any custom, even immemorial, or any appeal, and allegation, which might hinder the execution hereof. But in case it should happen that, by means of the said unions being carried into effect, or from some other cause, the said seminary should be found to be wholly or in part endowed, then shall the portion, deducted as above from all benefices and incorporated by the bishop, be remitted, either wholly or in part, as the actual circumstances shall require. But if the prelates of cathedrals, and of the other greater churches, should be negligent in erecting the said seminary, and in preserving the same, and refuse to pay their share; it will be the duty of the archbishop sharply to reprove the bishop, and to compel him to comply with all the matters aforesaid, and of the provincial Synod to reprove and to compel in like manner the archbishop, and sedulously to provide that this holy and pious work be as soon as possible proceeded with, wherever it is possible. The bishop shall annually receive the accounts of the revenues of the said seminary, in the presence of two deputies from the Chapter, and of the same number deputed from the clergy of the city.
Furthermore, in order that the teaching in schools of this nature may be provided for at less expense, the holy Synod ordains, that bishops, archbishops, primates, and other Ordinaries of places, shall constrain and compel, even by the substraction of their fruits, those who possess any dignities as professors of theology, and all others to whom is attached the office of lecturing, or of teaching, to teach those who are to be educated in the said schools, personally, if they be competent, otherwise by competent substitutes to be chosen by themselves, and to be approved of by the Ordinary. And if, in the judgment of the bishop, those chosen are not fit, they shall noniminate another who is fit, without any appeal being allowed; but should they neglect to do this, the bishop himself shall depute one. And the aforesaid masters shall teach those things which the bishop shall judge expedient. And, henceforth, those offices, or dignities, which are called professorships of theology, shall not be conferred on any but doctors, or masters, or licentiates in divinity, or canon law, or on other competent persons, and such as can personally discharge that office; and any provision made otherwise shall be null and void: all privileges and customs whatsoever, even though immemorial, notwithstanding.
But if the churches in any province labour under so great poverty, as that a college cannot be established in certain (churches) thereof; the provincial Synod, or the metropolitan, aided by the two oldest suffragans, shall take care to establish one or more colleges, as shall be judged expedient, in the metro-politan, or in some other more convenient church of the province, out of the revenues of two or more churches, in which singly a college cannot conveniently be established, and there shall the youths of those churches be educated.
But in churches which have extensive dioceses, the bishop may have one or more seminaries in the diocese, as to him shall seem expedient; which seminaries shall however be entirely dependent in all things on the one erected and established in the (episcopal) city.
Finally, if, either upon occasion of the said unions, or the taxation, or assignment, and incorporation of the above-named portions, or from some other cause, there should happen to arise any difficulty, by reason of which the institution, or maintenance of the said seminary may be hindered or disturbed, the bishop with the deputies as above, or the provincial Synod according to the custom of the country, shall have power, regard being had to the character of the churches and benefices, to regulate and order all and singular the matters which shall seem necessary and expedient for the happy advancement of the said seminary, even so as to modify or enlarge, if need be, the contents hereof.
enjoins on all bishops, that, not only when they are themselves about to administer them to the people, they shall first explain, in a manner suited to the capacity of those who receive them, the efficacy and use of those sacraments, but shall endeavour that the same be done piously and prudently by every parish priest; and this even in the vernacular tongue, if need be, and it can be conveniently done; and in accordance with the form which will be prescribed for each of the sacraments, by the holy Synod, in a catechism which the bishops shall take care to have faithfully translated into the vulgar tongue, and to have expounded to the people by all parish priests; as also that, during the solemnization of mass, or the celebration of the divine offices, they explain, in the said vulgar tongue, on all festivals, or solemnities, the sacred oracles, and the maxims of salvation; and that, setting aside all unprofitable questions, they endeavour to impress them on the hearts of all, and to instruct them in the law of the Lord.
CHAPTER VIII
On public sinners, a public penance shall be imposed, unless the Bishop shall determine otherwise: a Penitentiary to be instituted in Cathedral Churches.
The apostle admonishes that those who sin publicly are to be reproved openly. When, therefore, any one has, publicly and in the sight of many, committed a crime, whereby there is no doubt that others have been offended and scandalized; there must needs be publicly imposed upon him a penance suitable to the measure of his guilt; that so those whom he has allured to evil manners by his example, he may bring back to an upright life by the testimony of his amendment. The bishop, however, may, when he judges it more expedient, commute this kind of public penance into one that is secret. Likewise, in all cathedral churches, where it can be conveniently done, the bishop shall appoint a penitentiary, annexing thereto the prebend that shall next become vacant, which penitentiary shall be a master, or doctor, or licentiate in theology, or in canon law, and forty years of age, or otherwise one who shall be found more suitable considering the character of the place; and, whilst hearing confessions in the church, he shall be meanwhile reputed as present in choir.
CHAPTER IX
By whom Secular Churches, not of any diocese, are to be visited.
Those things which have elsewhere been established by this same Council, under Paul III., of happy memory, and lately under our most blessed lord Pius IV., touching the diligence to be used by the Ordinaries in visiting benefices, even though exempted, the same shall also be observed in regard to those Secular churches which are said to be in no one's diocese; to wit they shall be visited by the bishop-as the delegate of the Apostolic See-whose cathedral church is the nearest, if he be able to do so; otherwise, by him whom the prelate of the said place has once for all selected in the provincial Council;—any privileges and customs whatsoever, even though immemorial, to the contrary notwithstanding.
CHAPTER X
Where visitation and correction of morals are concerned, no suspension of decrees is allowed.
Bishops, that they may be the better able to keep the people whom they rule in duty and obedience, shall, in all those things which regard visitation and correction of manners, have the right and power, even as delegates of the Apostolic See, of ordaining, regulating, correcting, and executing, in accordance with the enactments of the canons, those things which, in their prudence, shall seem to them necessary for the amendment of their subjects, and for the good of their respective dioceses. Nor herein, when visitation and correction of manners are concerned, shall any exemption, or any inhibition, or appeal, or complaint, even though interposed to the Apostolic See, in any way hinder, or suspend the execution of those things which shall have been by them enjoined, decreed, or adjudged.
CHAPTER XI
Honorary titles, or particular privileges, shall not derogate in any way from the right of bishops.
Forasmuch as the privileges and exemptions which, under various titles, are granted to very many persons, are clearly seen to raise, in these days, confusion in the jurisdiction of bishops, and to give occasion to those exempted to lead a more relaxed life; the holy Synod ordains, that if at any time it be thought proper, for just, weighty, and well nigh compulsory causes, that certain persons be distinguished by the honorary titles of Protonotary, Acolyte, Count Palatine, Royal Chaplain, or other such titles of distinction, whether in the Roman court or elsewhere; as also that others be admitted into monasteries as Oblates, or as attached thereunto in some other way, or under the name of servants to military orders, monasteries, hospitals, colleges, or under any other title whatsoever; nothing is to be understood as being, by these privileges, taken away from the Ordinaries, so as to prevent those persons, unto whom these privileges have already been granted, or to whom they may be hereafter conceded, from being fully subject in all things to the said Ordinaries, as delegates of the Apostolic See, and this as regards Royal Chaplains, in accordance with the constitution of Innocent III., which begins Cum capella: those persons, however, being excepted, who are engaged in actual service in the aforesaid places, or in military orders, and who reside within their enclosures and houses, and live under obedience to them; as also those who have made their profession lawfully and according to the rules of the said military orders, whereof the Ordinary must be certified: notwithstanding any privileges whatsoever, even those of the order of Saint John of Jerusalem, and of other military orders. But, as regards those privileges which by virtue of the constitution of Eugenius, those are accustomed to enjoy who reside in the Roman Court, or who are in the household of cardinals, such privileges shall in no wise be understood to apply to those who hold ecclesiastical benefices, in so far as those benefices are concerned; but such shall continue subject to the jurisdiction of the Ordinary; any inhibitions to the contrary notwithstanding.
CHAPTER XII
What manner of persons those ought to be who are to be promoted to the dignities and canonries of Cathedral Churches: and what those so promoted are bound to perform.
Whereas dignities, especially in cathedral churches, were established to preserve and increase ecclesiastical discipline, with the view that those who should obtain them, might be pre-eminent in piety, be an example to others, and aid the bishop by their exertions and services; it is but right, that those who are called unto those dignities, should be such as to be able to answer the purposes of their office. Wherefore, no one shall henceforth be promoted to any dignities whatsoever, to which the cure of souls is attached, who has not attained at least to the twenty-fifth year of his age, and, having been exercised for some time in the clerical order, is recommended by the learning necessary for the discharge of his office, and by integrity of morals, conformably to the constitution of Alexander III., promulgated in the Council of Lateran, which begins, Cum in cunctis.
In like manner archdeacons, who are called the eyes of the bishop, shall, in all churches, where it is possible, be masters in theology, or doctors or licentiates in canon law. But, to the other dignities or personates, to which no cure of souls is attached, clerics shall be promoted, who are in other respects qualified, and who are not less than twenty-two years of age. Those also who are promoted to any benefices whatsoever having cure of souls, shall, within two months at the latest from the day of obtaining possession, be bound to make a public profession of their orthodox faith in the presence of the bishop himself, or, if he be hindered, before his Vicar-general, or official; and shall promise and swear, that they will continue in obedience to the Roman Church. But those who are promoted to canonries and dignities in cathedral churches, shall be bound to do this not only before the bishop, or his official, but also in the Chapter; otherwise all those promoted as aforesaid shall not render the fruits theirs; nor shall possession avail them anything. No one shall henceforth be received to a dignity, canonry, or portion, but one who has either already been admitted to that sacred order which that dignity, prebend, or portion requires, or is of such an age as to be capable of being admitted to that order, within the time prescribed by law and by this holy Synod.
As regards all cathedral churches, all canonries and portions shall be attached to the order of the priesthood, deaconship, or subdeaconship; and the bishop, with the advice of the Chapter, shall designate and apportion, as he shall judge expedient, to which thereof each of those respective sacred orders is for the future to be annexed; in such wise, however, that one half at least shall be priests, and the rest deacons, or subdeacons: but where the more praiseworthy custom requires, that the greater part, or that all be priests, it shall be by all means retained.
Moreover, the holy Synod exhorts that, in provinces where it can conveniently be done, all the dignities, and one half at least of the canonries, in cathedral and eminent collegiate churches, be conferred only on masters, or doctors, or even on licentiates in theology, or canon law. Furthermore, it shall not be lawful, by virtue of any manner of statute or custom whatsoever, for those who possess, in the said cathedral or collegiate churches, any dignities, canonries, prebends, or portions, to be absent from those churches, above three months in each year—saving, however, the constitutions of those churches which require a longer term of service—otherwise every offender shall, for the first year, be deprived of one half of the fruits which he has made his own by reason even of his prebend and residence. But, if he be again guilty of the same negligence, he shall be deprived of all the fruits which he may have acquired during that same year: and, the contumacy increasing, they shall be proceeded against according to the constitutions of the sacred canons.
As regards the distributions; those who have been present at the stated hours shall receive them; all others shall, all collusion and remission set aside, forfeit them, pursuant to the decree of Boniface VIII., which begins, Consuetudinem, which the holy Synod brings again into use; any statutes, or customs, whatsoever, to the contrary notwithstanding. And all shall be obliged to perform the divine offices in person, and not by substitutes; as also to attend on and serve the bishop when celebrating (mass), or performing any other pontifical functions; and reverently, distinctly, and devoutly to praise the name of God, in hymns and canticles, in the choir appointed for psalmody.
They shall, moreover, at all times wear a becoming dress, both in and out of church; shall abstain from unlawful hunting, hawking, dancing, taverns, and gaines; and be distinguished for such integrity of manners, as that they may with justice be called the senate of the Church. As to other matters, regarding the suitable manner of conducting the divine offices, the proper way of singing or chanting therein, the specific regulations for assembling in choir and for remaining there, as also such things as may be necessary in regard of all those who minister in the church, and any other things of the like kind; the provincial Synod shall prescribe a fixed form on each Head, having regard to the utility and habits of each province. But, in the mean time, the bishop, assisted by not less than two canons, one of whom shall be chosen by the bishop, and the other by the Chapter, shall have power to provide herein as may be judged expedient.
CHAPTER XIII
In what manner provision is to be made for the more slightly endowed Cathedral and Parish Churches: Parishes are to be distinguished by certain boundaries.
Forasmuch as very many cathedral churches have so slight a revenue, and are so small, that they by no means correspond with the episcopal dignity, nor suffice for the necessities of the churches; the provincial Council, having summoned those whose interests are concerned, shall examine and weigh with care, what churches it may be expedient, on account of their small extent, and their poverty, to unite to others in the neighbourhood, or to augment with fresh revenues; and shall send the documents prepared in regard thereof to the Sovereign Roman Pontiff; who, being thereby made acquainted with the matter, shall, of his own prudence, as he may judge expedient, either unite together the slightly provided churches, or improve them by some augmentation derived from the fruits. But in the meantime, until the things aforesaid are carried into effect, the Sovereign Pontiff may provide, out of certain benefices, for those bishops who, on account of the poverty of their dioceses, stand in need of being aided by certain fruits; provided however those benefices be not cures, nor dignities, canonries, prebends, nor monasteries wherein regular observance is in force, or which are subject to general Chapters, or to certain visitors.
In parish churches also, the fruits of which are in like manner so slight that they are not sufficient to meet the necessary charges, the bishop—if unable to provide for the exigency by a union of benefices, not however those belonging to Regulars—shall make it his care, that, by the assignment of first fruits, or tithes, or by the contributions and collections of the parishioners, or in some other way that shall seem to him more suitable, as much be amassed as may decently suffice for the necessities of the rector and of the parish.
But in whatsoever unions may have to be made, whether for the causes aforesaid, or for others, parish churches shall not be united to any monasteries whatever, or abbeys, or dignities, or prebends of a cathedral or collegiate church, or to any other simple benefices, hospitals, or military orders; and those so united shall be again taken cognizance of by the Ordinaries, pursuant to the decree already made in this same Synod, under Paul III., of happy memory, which shall also be equally observed in regard of those unions that have been made from that time forth to the present; notwithstanding whatsoever form of words may have been used therein, which shall be accounted as being sufficiently expressed here.
Furthermore, all those cathedral churches, the revenue of which, in real annual value, does not exceed the sum of one thousand ducats, and those parish churches where it does not exceed the sum of one hundred ducats, shall not for the future be burthened with any manner of pensions, or reservations of fruits. Also, in those cities and places where the parish churches have not any certain boundaries, neither have the rectors thereof their own proper people to govern, but administer the sacraments to all indiscriminately who desire them, the holy Synod enjoins on bishops, that for the greater security of the salvation of the souls committed to their charge, having divided the people into fixed and proper parishes, they shall assign to each parish its own perpetual and peculiar parish priest who may know his own parishioners, and from whom alone they may licitly receive the sacraments; or the bishops shall make such other provision as may be more beneficial, according as the character of the place may require. They shall also take care, that the same be done, as soon as possible, in those cities and places where there are no parish churches: any privileges and customs, even though immemorial, to the contrary notwithstanding.
CHAPTER XIV
In promotions to benefices, or in admissions into possession of the same, any deductions from the fruits, not applied to pious uses, are prohibited.
In many churches, as well cathedral as collegiate and parochial, it is understood to be the practice, derived either from the constitutions thereof, or from an evil custom, that upon any election, presentation, institution, confirmation, collation, or other provision, or upon admission to the possession of any cathedral church, benefice, canonries, or prebends, or to a participation in the revenues, or the daily distributions, there are introduced certain conditions, or deductions from the fruits, certain payments, promises, unlawful compensations, as also the profits which are in some churches called Turnorum lucra; and whereas the holy Synod detests these practices, It enjoins on bishops, that they suffer not anything of the kind to be done, unless the proceeds be converted to pious uses, nor permit any of those modes of entering (on benefices) which carry with them a suspicion of a simoniacal taint, or of sordid avarice; and they shall themselves carefully take cognizance of their constitutions, or customs in the above regards; and, those only being retained which they shall approve of as laudable, the rest they shall reject and abolish as corrupt and scandalous. And It decrees that those, who act in any way contrary to the things comprised in this present decree, incur the penalties set forth against simoniacs by the sacred canons, and divers constitutions of the Sovereign Pontiffs, all of which this Synod renews; any statutes, constitutions, customs, even though immemorial, even though confirmed by apostolic authority, to the contrary notwithstanding; the bishop, as the delegate of the Apostolic See, having power to take cognizance of any surreption, obreption, or defect of intention, in regard thereof.
CHAPTER XV
Method of increasing the slight prebends of Cathedral, and of eminent Collegiate Churches.
In cathedral, and eminent collegiate, churches, where the prebends are numerous, and so small, that, even with the daily distributions, they are not sufficient for the decent maintenance of the rank of the canons, according to the character of the place, and of the persons, it shall be lawful for the bishop, with the consent of the Chapter, either to unite thereunto certain simple benefices, not however such as belong to Regulars, or, if a provision cannot be made in this way, they may reduce those prebends to a less number, by suppressing some of them—with the consent of the patron, if the right of patronage belong to laymen—the fruits and proceeds of which shall be applied towards the daily distributions of the remaining prebends; yet so, however, that such a number shall be left as may conveniently serve for the celebration of divine worship, and be suitable to the dignity of the church; any constitutions and privileges whatsoever, or any reservation whether general or special, or any application whatever, to the contrary notwithstanding: nor shall the aforesaid unions or suppressions be set aside or hindered by any manner of provision whatsoever, not even by virtue of any resignation, or by any other derogations, or suspensions whatever.
CHAPTER XVI
What duty devolves on the Chapter during the vacancy of a See.
When a See is vacant, the Chapter, in those places where the duty of receiving the fruits devolves upon it, shall appoint one or more faithful and diligent stewards to take care of the property and revenues of the church, of which they shall afterwards give an account to him whom it may regard. It shall also be absolutely bound, within eight days after the decease of the bishop, to appoint an official, or vicar, or to confirm the one who fills that office; who shall at least be a doctor, or a licentiate, of canon law, or otherwise as competent a person as can be procured: if anything be done contrary hereto, the appointment aforesaid shall devolve on the metropolitan. And if the church be itself the metropolitan, or exempted, and the Chapter shall be, as has been said above, negligent, then shall the oldest of the suffragan bishops in that metropolitan church, and the nearest bishop in regard of that church that is exempted, have power to appoint a competent steward and vicar. And the bishop, who is promoted to the said vacant church, shall demand, from the said steward, vicar, and all other officers and administrators, who, during the vacancy of the See, were, by the Chapter, or others, appointed in his room—even though they should belong to the Chapter itself—an account of those things which concern him, of their functions, jurisdiction, administration, or of any other their charge whatsoever; and shall have power to punish those who have been guilty of any delinquency in their office or administration, even though the officers aforesaid, having given in their accounts, may have obtained a quittance or discharge from the Chapter, or those deputed thereby. The Chapter shall also be bound to render an account to the said bishop of any papers belonging to the church, if any such have come into the possession thereof.
CHAPTER XVII
In what case it is lawful to confer more than one benefice upon one individual; and for him to retain the same.
Whereas ecclesiastical order is perverted when one cleric fills the offices of several, the sacred canons have holily provided that no one ought to be enrolled in two churches. But, seeing that many, through the passion of ungodly covetousness deceiving themselves, not God, are not ashamed to elude, by various artifices, what has been so excellently ordained, and to hold several benefices at the same time; the holy Synod, desiring to restore the discipline required for the government of the church, doth by this present decree,—which It orders to be observed in regard of all persons whatsoever, by whatsoever title distinguished, even though it be by the dignity of the Cardinalate,—ordain, that, for the future, one ecclesiastical benefice only shall be conferred on one and the same person. If indeed that benefice be not sufficient to afford a decent livelihood to the person on whom it is conferred, it shall then be lawful to bestow on him some other simple benefice that may be sufficient; provided that both do not require personal residence. And the above shall apply not only to cathedral churches, but also to all other benefices whatsoever, whether Secular or Regular, even to those held in commendam, of whatsoever title and quality they may be.
But they who at present hold several parochial churches, or one cathedral and one parochial church, shall be absolutely obliged, all dispensations and unions for life whatsoever to the contrary notwithstanding, retaining one parochial church only, or the cathedral church alone, to resign the other parochial churches within the space of six months; otherwise as well the parish churches, as also all the benefices which they hold, shall be accounted ipso jure void, and as void shall be freely conferred on other competent persons; nor shall they who previously held them be able to retain the fruits thereof, with a safe conscience, after the said time. But the holy Synod desires that a provision be made in some suitable manner, as may seem fit to the Sovereign Pontiff, for the necessities of those who resign.
CHAPTER XVIII
Upon a Parish Church becoming vacant, a Vicar is to be deputed thereunto by the Bishop, until it be provided with a Parish Priest: in what manner and by whom those nominated to Parochial Churches ought to be examined.
It is most highly expedient for the salvation of souls, that they be governed by worthy and competent parish priests. To the end that this may with greater care and effect be accomplished, the holy Synod ordains, that when a vacancy occurs in a parish church, whether by death, or by resignation, even in the Roman Court, or in any other manner whatsoever, though it may be alleged that the charge thereof devolves on the church itself, or on the bishop, and though it may be served by one or more priests, and this not excepting even those churches called patrimonial, or receptive, wherein the bishop has been accustomed to assign the cure of souls to one or more priests, all of whom, as this Synod ordains, must be subjected to the examination herein prescribed later, even though, moreover, the said parish church may be reserved, or appropriated, whether generally or specially, by virtue even of an indult, or privilege granted in favour of cardinals of the holy Roman Church, or of certain abbots, or chapters; it shall be the duty of the bishop, at once, upon obtaining information of the vacancy of the church, to appoint, if need be, a competent vicar to the same—with a suitable assignment, at his own discretion, of a portion of the fruits thereof—to support the duties of the said church, until it shall be provided with a rector. Moreover, the bishop, and he who has the right of patronage, shall, within ten days, or such other term as the bishop shall prescribe, nominate, in the presence of those who shall be deputed as examiners, certain clerics as capable of governing the said church.
It shall nevertheless be free for others also, who may know any that are fit for the office, to give in their names, that a diligent scrutiny may be afterwards made as to the age, morals, and sufficiency of each. And even,—if the bishop, or the provincial Synod shall, considering the custom of the country, judge this more expedient,—those who may wish to be examined may be summoned by a public notice. When the time appointed has transpired, all those whose names have been entered shall be examined by the bishop, or, if he be hindered, by his Vicar-general, and by the other examiners, who shall not be fewer than three; to whose votes, if they should be equal, or given to distinct individuals, the bishop, or his vicar, may add theirs, in favour of whomsoever they shall think most fit.
And as regards the examiners, six at least shall be annually proposed by the bishop, or by his vicar, in the diocesan Synod; who shall be such as shall satisfy, and shall be approved of by, the said Synod. And upon any vacancy occurring in any church, the bishop shall select three out of that number to make the examination with him; and afterwards, upon another vacancy following, he shall select, out of the six aforesaid, the same, or three others, whom he may prefer. But the said examiners shall be masters, or doctors, or licentiates in theology, or in canon law, or such other clerics, whether Regulars—even of the order of mendicants,—or Seculars, as shall seem best adapted thereunto; and they shall all swear on the holy Gospels of God, that they will, setting aside every human affection, faithfully perform their duty. And they shall beware of receiving anything whatever, either before or after, on account of this examination; otherwise, both the receivers and the givers will incur the guilt of simony, from which they shall not be capable of being absolved, until after they have resigned the benefices which they were possessed of in any manner whatsoever, even before this act; and they shall be rendered incapable of any others for the time to come. And in regard of all these matters, they shall be bound to render an account, not only to God, but also, if need be, to the provincial Synod, which shall have power to punish them severely, at Its discretion, if it be ascertained that they have done anything contrary to their duty.
Then, after the examination is completed, a report shall be made of all those who shall have been judged, by the said examiners, fit by age, morals, learning, prudence, and other suitable qualifications, to govern the vacant church; and out of these the bishop shall select him whom he shall judge the most fit of all; and to him, and to none other, shall the church be collated by him unto whom it belongs to collate thereunto.
But, if the church be under ecclesiastical patronage, and the institution thereunto belongs to the bishop, and to none else, whomsoever the patron shall judge the most worthy from amongst those who have been approved of by the examiners, him he shall be bound to present to the bishop, that he may receive institution from him: but when the institution is to proceed from any other than the bishop, then the bishop alone shall select the worthiest from amongst the worthy, and him the patron shall present to him unto whom the institution belongs.
But if it be under lay patronage, the individual who shall be presented by the patron, must be examined, as above, by those deputed thereunto, and not be admitted, unless he be found fit. And, in all the above-mentioned cases, to none other but to one of those who have been examined as aforesaid, and have been approved of by the examiners, according to the rule prescribed above, shall the church be committed, nor shall any devolution, or appeal, interposed even before the Apostolic See, or the legates, vice-legates, or nuncios of that see, or before any bishops, or metropolitans, primates, or patriarchs, hinder or suspend the report of the aforesaid examiners from being carried into execution: for the rest, the vicar whom the bishop has, at his own discretion, already deputed for the time being to the vacant church, or whom he may afterwards happen to depute thereunto, shall not be removed from the charge and administration of the said church, until it be provided for, either by the appointment of the vicar himself, or of some other person, who has been approved of and elected as above: and all provisions and institutions made otherwise than according to the above-named form, shall be accounted surreptitious: any exemptions, indults, privileges, preventions, appropriations, new provisions, indults granting to any university whatsoever, even for a certain sum, and any other impediments whatsoever, in opposition to this decree, notwithstanding.
If, however, the said parish churches should possess so slight a revenue, as not to allow of the trouble of all this examination; or should no one seek to undergo this examination; or if, by reason of the open factions, or dissensions, which are met with in some places, more grievous quarrels and tumults may easily be excited thereby; the Ordinary may, omitting this formality, have recourse to a private examination, if, in his conscience, with the advice of the (examiners) deputed, he shall judge this expedient; observing however the other things as prescribed above. It shall also be lawful for the provincial Synod, if It shall judge that there are any particulars which ought to be added to, or retrenched from, the above regulations concerning the form of examination, to provide accordingly.
CHAPTER XIX
Mandates 'de providendo,' Expectatives, and other things of the like kind are abrogated.
Mandates "de providendo," Expectatives, and other things of the like kind are abrogated.
The holy Synod ordains, that mandates for contingent promotions, and those graces which are called expectant, shall not any more be granted to any one, not even to colleges, universities, senates, or to any individuals whatsoever, even though under the name of an indult, or up to a certain sum, or under any other colourable title; nor shall it be lawful for any one to make use of such as have been heretofore granted. So, neither shall any mental reservations, nor any other graces whatsoever in regard of future vacancies in benefices, nor indults which apply to churches belonging to others, or to monasteries, be granted to any, not even cardinals of the holy Roman Church; and those hitherto granted shall be looked upon as abrogated.
CHAPTER XX
The manner of conducting causes, appertaining to the Ecclesiastical court, is prescribed.
All causes belonging in any way whatever to the ecclesiastical court, even though they may relate to benefices, shall be taken cognizance of, in the first instance, before the Ordinaries of the places only; and shall be completely terminated within two years at the latest from the time that the suit was instituted: otherwise, at the expiration of that period, it shall be free for the parties, or for either of them, to have recourse to superior, but otherwise competent, judges, who shall take up the cause as it shall then stand, and shall take care that it be terminated with all possible despatch; nor, before that period, shall the causes be committed to any others (than the Ordinaries), nor be transferred therefrom; nor shall any appeals interposed by those parties be received by any superior judges whatsoever; nor shall any commission, or inhibition be issued by them, except upon a definitive sentence, or one that has the force thereof, and the grievance arising from which cannot be redressed by an appeal from that definitive sentence. From the above are to be excepted those causes, which, pursuant to the appointments of the canons, are to be tried before the Apostolic See, or those which the Sovereign Roman Pontiff shall, for an urgent and reasonable cause, judge fit to appoint, or to avocate, for his own hearing, by a special rescript under the signature of his Holiness signed with his own hand.
Furthermore, matrimonial and criminal causes shall not be left to the judgment of deans, archdeacons, and other inferiors, even when on their course of visitation, but shall be reserved for the examination and jurisdiction of the bishop only; even though there should be, at this present moment, a suit pending, in whatsoever stage of the proceedings it may be, between any bishop, and the dean, or archdeacon, touching the cognizance of this class of causes: and if, in any said matrimonial cause, one of the parties shall truly prove his property in the presence of the bishop, he shall not be compelled to plead out of the province, either in the second or third stage of the suit, unless the other party will provide for his maintenance, and also bear the expenses of the suit.
Legates also, even though de latere, nuncios, ecclesiastical governors, or others, shall not only not presume, by virtue of any powers whatsoever, to impede bishops in the causes aforesaid, or in any wise to take from them, or to disturb their jurisdiction, but they shall not even proceed against clerics, or other ecclesiastical persons, until the bishop has been first applied to, and has shown himself negligent; otherwise their proceedings and ordinances shall be of no force, and they shall be bound to make satisfaction to the parties for the damages which they have sustained.
Furthermore, should any individual appeal in those cases allowed of by law, or lodge a complaint touching any grievance, or have recourse, as aforesaid, to a judge, on account of two years having elapsed, he shall be bound to transfer, at his own expense, to the judge of appeal, all the acts of the proceedings that have taken place before the bishop, having given, however, notice thereof previously to the said bishop; that so, if it seem fit to him to communicate any information on the suit, he may acquaint the judge of appeal therewith. But if the appellee shall appear, then shall he also be bound to bear his proportion of the costs of transferring those acts, provided that he wishes to make use thereof; unless it be the custom of the place to act otherwise, to wit, that the entire costs have to be borne by the appellant.
Moreover, the notary shall be bound to furnish the appellant, upon payment of the suitable fee, with a copy of the proceedings as soon as may be, and within a month at the furthest. And should that notary be guilty of any fraud in delaying the giving such copy, he shall be suspended from the exercise of his office, at the discretion of the Ordinary, and be condemned to pay double the costs of the suit, which shall be divided between the appellant and the poor of the place. But if the judge also should himself be cognizant of, and an accomplice in, this delay, or if he shall in any other way raise obstacles against the entire proceedings being delivered over to the appellant within the term aforesaid, he shall be subjected to the same penalty of paying double the costs, as above; notwithstanding, as regards all the aforesaid matters, any privileges, indults, covenants, which only bind the authors thereof, and any other customs whatsoever to the contrary.
CHAPTER XXI
It is declared, that, by certain words used previously, the usual manner of treating business in General Councils is not changed.
The holy Synod,-being desirous that no occasion of doubting may, at any future period, arise out of the decrees which It has published,-in explanation of the words contained in a decree published in the first Session under our most blessed lord, Pius IV., to wit, "which, the legates and presidents proposing, shall to the said holy Synod appear suitable and proper for assuaging the calamities of these times, terminating the controversies concerning religion, restraining deceitful tongues, correcting the abuses of depraved manners, and procuring for the church a true and Christian peace," declares that it was not Its intention, that, by the foregoing words, the usual manner of treating matters in general Councils should be in any respect changed; or that anything new, besides that which has been heretofore established by the sacred canons, or by the form of general Councils, should be added to, or taken from, any one.
INDICTION OF THE NEXT SESSION
SESSION THE TWENTY-FIFTH,
Begun on the third, and terminated on the fourth, day of December, MDLXIII., being the ninth and last under the Sovereign Pontiff, Pius IV.
DECREE CONCERNING PURGATORY
Whereas the Catholic Church, instructed by the Holy Ghost, has, from the sacred writings and the ancient tradition of the Fathers, taught, in sacred councils, and very recently in this oecumenical Synod, that there is a Purgatory, and that the souls there detained are helped by the suffrages of the faithful, but principally by the acceptable sacrifice of the altar; the holy Synod enjoins on bishops that they diligently endeavour that the sound doctrine concerning Purgatory, transmitted by the holy Fathers and sacred councils, be believed, maintained, taught, and every where proclaimed by the faithful of Christ. But let the more difficult and subtle questions, and which tend not to edification, and from which for the most part there is no increase of piety, be excluded from popular discourses before the uneducated multitude. In like manner, such things as are uncertain, or which labour under an appearance of error, let them not allow to be made public and treated of. While those things which tend to a certain kind of curiosity or superstition, or which savour of filthy lucre, let them prohibit as scandals and stumbling-blocks of the faithful. But let the bishops take care, that the suffrages of the faithful who are living, to wit the sacrifices of masses, prayers, alms, and other works of piety, which have been wont to be performed by the faithful for the other faithful departed, be piously and devoutly performed, in accordance with the institutes of the church; and that whatsoever is due on their behalf, from the endowments of testators, or in other way, be discharged, not in a perfunctory manner, but diligently and accurately, by the priests and ministers of the church, and others who are bound to render this (service).
ON THE INVOCATION, VENERATION, AND RELICS, OF SAINTS, AND ON SACRED IMAGES
The holy Synod enjoins on all bishops, and others who sustain the office and charge of teaching, that, agreeably to the usage of the Catholic and Apostolic Church, received from the primitive times of the Christian religion, and agreeably to the consent of the holy Fathers, and to the decrees of sacred Councils, they especially instruct the faithful diligently concerning the intercession and invocation of saints; the honour (paid) to relics; and the legitimate use of images: teaching them, that the saints, who reign together with Christ, offer up their own prayers to God for men; that it is good and useful suppliantly to invoke them, and to have recourse to their prayers, aid, (and) help for obtaining benefits from God, through His Son, Jesus Christ our Lord, who is our alone Redeemer and Saviour; but that they think impiously, who deny that the saints, who enjoy eternal happiness in heaven, are to be invocated; or who assert either that they do not pray for men; or, that the invocation of them to pray for each of us even in particular, is idolatry; or, that it is repugnant to the word of God; and is opposed to the honour of the one mediator of God and men, Christ Jesus; or, that it is foolish to supplicate, vocally, or mentally, those who reign in heaven. Also, that the holy bodies of holy martyrs, and of others now living with Christ,-which bodies were the living members of Christ, and the temple of the Holy Ghost, and which are by Him to be raised unto eternal life, and to be glorified,--are to be venerated by the faithful; through which (bodies) many benefits are bestowed by God on men; so that they who affirm that veneration and honour are not due to the relics of saints; or, that these, and other sacred monuments, are uselessly honoured by the faithful; and that the places dedicated to the memories of the saints are in vain visited with the view of obtaining their aid; are wholly to be condemned, as the Church has already long since condemned, and now also condemns them.
Moreover, that the images of Christ, of the Virgin Mother of God, and of the other saints, are to be had and retained particularly in temples, and that due honour and veneration are to be given them; not that any divinity, or virtue, is believed to be in them, on account of which they are to be worshipped; or that anything is to be asked of them; or, that trust is to be reposed in images, as was of old done by the Gentiles who placed their hope in idols; but because the honour which is shown them is referred to the prototypes which those images represent; in such wise that by the images which we kiss, and before which we uncover the head, and prostrate ourselves, we adore Christ; and we venerate the saints, whose similitude they bear: as, by the decrees of Councils, and especially of the second Synod of Nicaea, has been defined against the opponents of images.
And the bishops shall carefully teach this,—that, by means of the histories of the mysteries of our Redemption, portrayed by paintings or other representations, the people is instructed, and confirmed in (the habit of) remembering, and continually revolving in mind the articles of faith; as also that great profit is derived from all sacred images, not only because the people are thereby admonished of the benefits and gifts bestowed upon them by Christ, but also because the miracles which God has performed by means of the saints, and their salutary examples, are set before the eyes of the faithful; that so they may give God thanks for those things; may order their own lives and manners in imitation of the saints; and may be excited to adore and love God, and to cultivate piety. But if any one shall teach, or entertain sentiments, contrary to these decrees; let him be anathema.
And if any abuses have crept in amongst these holy and salutary observances, the holy Synod ardently desires that they be utterly abolished; in such wise that no images, (suggestive) of false doctrine, and furnishing occasion of dangerous error to the uneducated, be set up. And if at times, when expedient for the unlettered people; it happen that the facts and narratives of sacred Scripture are portrayed and represented; the people shall be taught, that not thereby is the Divinity represented, as though it could be seen by the eyes of the body, or be portrayed by colours or figures.
Moreover, in the invocation of saints, the veneration of relics, and the sacred use of images, every superstition shall be removed, all filthy lucre be abolished; finally, all lasciviousness be avoided; in such wise that figures shall not be painted or adorned with a beauty exciting to lust; nor the celebration of the saints, and the visitation of relics be by any perverted into revellings and drunkenness; as if festivals are celebrated to the honour of the saints by luxury and wantonness.
In fine, let so great care and diligence be used herein by bishops, as that there be nothing seen that is disorderly, or that is unbecomingly or confusedly arranged, nothing that is profane, nothing indecorous, seeing that holiness becometh the house of God.
And that these things may be the more faithfully observed, the holy Synod ordains, that no one be allowed to place, or cause to be placed, any unusual image, in any place, or church, howsoever exempted, except that image have been approved of by the bishop: also, that no new miracles are to be acknowledged, or new relics recognised, unless the said bishop has taken cognizance and approved thereof; who, as soon as he has obtained some certain information in regard to these matters, shall, after having taken the advice of theologians, and of other pious men, act therein as he shall judge to be consonant with truth and piety. But if any doubtful, or difficult abuse has to be extirpated; or, in fine, if any more grave question shall arise touching these matters, the bishop, before deciding the controversy, shall await the sentence of the metropolitan and of the bishops of the province, in a provincial Council; yet so, that nothing new, or that previously has not been usual in the Church, shall be resolved on, without having first consulted the most holy Roman Pontiff.
ON REGULARS AND NUNS
The same sacred and holy Synod, prosecuting the subject of reformation, has thought fit that the things following be ordained.
CHAPTER I
All Regulars shall order their lives in accordance with what is prescribed by the rule which they have professed; Superiors shall sedulously provide that this be done.
Forasmuch 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 regulate their lives in accordance with the requirements of the rule which they have professed; and above all that they shall faithfully observe whatsoever belongs to the perfection of their profession, such as the vows of 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 observance of a common mode of living, food, and dress. And all care and diligence shall be used by the Superiors, both in the general and in the provincial Chapters, and in their visitations, which they shall not omit to make in their proper seasons, that these things be not departed from; it being certain, that those things which belong 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 strictly preserved, the whole edifice must needs fall.
CHAPTER II
Property is wholly prohibited to Regulars.
For no Regular, therefore, whether man, or woman, shall it be lawful to possess, or hold as his own, or even in the name of the convent, any property moveable or immoveable, of what nature soever it may be, or in what way soever acquired; but the same shall be immediately 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 belong to the officers thereof only, removable at the will of their Superiors.
The Superiors shall allow the use of moveables, in such manner as that the furniture of their body shall be suitable to the state of poverty which they have professed; and there shall be nothing therein superfluous, but at the same time nothing shall be refused which is necessary for them. But should any one 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 in accordance with the constitutions of his own rule and order.
CHAPTER III
All Monasteries save those herein excepted, shall be able to possess real property: the number of persons therein to be determined by the amount of Income, or of Alms. No Monasteries, to be erected without the Bishop's leave.
The holy Synod permits that henceforth real property may be possessed by all monasteries and houses, both of men and women, and of mendicants, even by those who were forbidden by their constitutions to possess it, or who had not received permission to that effect by apostolic privilege, 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 be for the future retained, 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 henceforth 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, or retire from his Monastery: when sent to a University for study he shall reside in a Monastery.
The holy Synod forbids, 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, whatsoever, without permission from his own Superior; nor shall any privilege or faculty, obtained from others in regard hereof avail him anything. But should any one act contrary hereto, he shall be punished as disobedient, at the discretion of his Superior. Nor shall it be lawful for Regulars to withdraw 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 order aforesaid in writing, shall be punished as a deserter from his Institute by the Ordinaries of the places. As to those who are sent to the universities for the sake of their studies, they shall dwell in convents only; otherwise they shall be proceeded against by the Ordinaries.
CHAPTER V
Provision is made for the enclosure and safety of Nuns.
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 pain of eternal malediction, that, by their ordinary authority, in all monasteries subject to them, and in others, by the authority of the Apostolic See, they make it their 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, without regarding any appeal whatsoever, the disobedient and gainsayers, and calling in for this end, if need be, the aid of the Secular arm. The holy Synod exhorts Christian princes to furnish this aid, and enjoins, under pain of excommunication, to be ipso facto incurred, that it be rendered by all civil magistrates. But for no nun, after her profession, shall it be lawful to go out of her convent, even for a brief period, under any pretext whatever, except for some lawful cause, which is to be approved of by the bishop; any indults and privileges whatsoever notwithstanding.
And it shall not be lawful for any one, of whatsoever birth, or condition, sex, or age, to enter within the enclosure of a nunnery, without the permission of the bishop, or of the Superior, obtained in writing, under the pain of excommunication to be ipso facto incurred. But the bishop, or the Superior ought to grant this permission in necessary cases only; nor shall any other person be able by any means to grant it, even by virtue of any faculty, or indult, already granted, or that may hereafter be granted. And forasmuch as those convents of nuns which are established outside the walls of a city or town, are exposed, often without any protection, to the robberies and other crimes of wicked men, the bishops and other Superiors shall, if they think it expedient, make it their care that the nuns be removed from those places to new or old convents within cities or populous towns, calling in even, if need be, the aid of the Secular arm. As to those who hinder them or disobey, they shall by ecclesiastical censures compel them to submit.
CHAPTER VI
Manner of choosing Regular Superiors.
In order that everything may be conducted uprightly and without fraud, in the election of all manner of superiors, temporary abbots, and other officers, and generals, and abbesses, and other superioresses, 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 appoint provincials, abbots, priors, or any other titularies whatsoever, for the purposes of an election that is to take place; nor to supply the place of the voices and suffrages of those who are absent. But should any one be elected contrary to the appointment of this decree, such election shall be invalid; and he who shall have allowed himself, for this object, to be created provincial, abbot, or prior, shall be from that time forth incapable of holding any offices whatsoever in that order; and any faculties that have been granted in this matter shall be looked upon as hereby abrogated; and should any others be granted for the time to come, they shall be regarded as surreptitious.
CHAPTER VII
In what way, and what manner of, persons are to be chosen as Abbesses, or Superioresses by whatsoever other name; no one shall be appointed over two Nunneries.
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: the civil magistrates shall not interfere herein.
Although the sword of excommunication is the very sinews of ecclesiastical discipline, and very salutary for keeping the people in their duty, yet it is 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 ruin rather than safety. Wherefore, those excommunications, which, after certain admonitions, are wont to be issued with the view as it is termed, of causing a revelation, or on account of things that have been lost or stolen, shall be issued by no one whomsoever, but the bishop; and not then, otherwise than on account of some circumstance of no common kind which moves the mind of the bishop thereunto, after the cause has been by him diligently and very maturely weighed; nor shall he be induced to grant the said excommunications by the authority of any Secular person whatever, even though a magistrate; but the whole shall be left to his own judgment and conscience, when, considering the circumstances, the place, the person, or the time, he shall himself judge that such are to be resolved on.
As regards judicial causes, it is enjoined on all ecclesiastical judges, of whatsoever dignity they may be, that, both during the proceedings, and in giving judgment, they abstain from ecclesiastical censures, or interdict, as often as 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 belong to the ecclesiastical court, it shall be lawful for them, if they judge it expedient, to proceed against all persons whatsoever, 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 goods, or arrest 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 way, either upon the person, or goods, 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, if he think fit.
In like manner in criminal causes, wherein an execution can as above be effected upon the person or goods, the judge shall abstain from censures; but, if that execution cannot easily be made, it shall be lawful for the judge to employ the said spiritual sword against delinquents; provided however the character of the offence so require, and after two monitions at least, and this by public notice. And it shall not be lawful for any civil magistrate, to prohibit an ecclesiastical judge from excommunicating any individual; or to command that he revoke an excomnunication that has been 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, who, after the lawful monitions, does not repent, 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, shall make such regulation as shall seem to them expedient.
It frequently happens, in divers 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 comply therewith on the particular days prescribed by the testators; or, that the alms left for the celebration thereof is so slight that it is not easy to find any one willing to undertake the duty; whereby the pious intentions of the testators are frustrated, and occasion is given for burthening the consciences of those who are concerned in the aforesaid obligations. The holy Synod, being desirous that these legacies for pious uses be satisfied in the most complete and useful manner possible, empowers bishops in diocesan Synod, and likewise abbots and generals of orders in their general Chapters, to ordain, in regard hereof, whatsoever in their consciences they shall, upon a diligent examination of the circumstances, judge to be most expedient for God's honour and worship, and the good of the churches, in those churches aforesaid which they shall find stand in need of some regulation in this matter, 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
The conditions and obligations imposed on Benefices shall be observed.
Reason requires, that, in regulations 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 are attached thereunto, they shall not be derogated from in the collation, or in any other arrangement whatsoever in regard of the said benefices. The same also shall be observed as to prebends assigned to teachers of theology, masters, doctors, priests, deacons, or subdeacons, whenever such prebends have been established in this manner, in such sort that, in no provision whatever shall anything be altered in regard of the said qualifications and orders; and any provision made otherwise shall be accounted surreptitious.
CHAPTER VI
In what manner the Bishop ought to act in regard of 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 ex officio, or at the petition of another, against any one of those who are comprised in the said decree; yet so, however, that whenever he institutes proceedings out of visitation, all the particulars subjoined shall have place: to wit, that the Chapter shall, at the beginning of each year, select two individuals 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, nevertheless, of the notary of the said bishop, and in the bishop's house, or his ordinary court of justice. The two deputies shall, however, have but one vote; but either of them may give his vote in unison with that of the bishop. But if, as regards any proceeding, or as regards any interlocutory or definitive sentence, they shall both differ from the bishop, they shall in this case choose, in conjunction with the bishop, a third person, within the term of six days: and should they also not agree in the election of that third person, the choice shall devolve on the nearest bishop; and the point whereon they differed shall be decided, in accordance with the opinion which that third person sides with; otherwise, the proceedings, and what follows thereupon, shall be null, and of 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 flight is apprehended, and where, that judgment may not be eluded, it is necessary to secure 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 named above. But in all cases regard is to be paid 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 comports with their dignity; and in choir, in the chapter, in processions, and other public functions, they shall have the first seat, and the place which they shall themselves make choice of, and theirs shall be the chief authority in everything that is to be done.
If the bishops shall propose anything to the canons to be deliberated on, and the matter treated of be not one which regards any benefit to them or theirs, they shall themselves convoke the Chapter, take the votes, and decide according to them. But, in the absence of the bishop, this shall be wholly done by those of the Chapter, to whom of right or custom it appertains, nor shall the bishop's vicar be allowed to do it. But in all other things, the jurisdiction and power of the Chapter, if any there be belonging thereunto, as also the administration of their property, shall be left wholly unimpaired and untouched. As regards those who do not possess any dignities, and are not of the Chapter, they shall all be subject to the bishop in causes ecclesiastical; 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 bind the authors thereof only; saving, however, in all things those privileges which have been granted to universities for general studies, or to the persons who belong thereunto. But all and singular these things shall not have effect in those churches wherein the bishops, or their vicars, by virtue of constitutions, privileges, customs, concordates, or by any other right whatsoever, have a power, authority, and jurisdiction greater than that which is included in the present decree; from which (powers) the holy Synod does not intend to derogate.
CHAPTER VII
The Access and Regress in regard of Benefices are done away with; in what manner, to whom, and for what cause, a Coadjutor is to be granted.
Whereas, as regards ecclesiastical benefices, whatsoever carries with it the appearance of hereditary succession is a thing odious to the sacred constitutions, and contrary to the decrees of the Fathers; no Access or Regress, in regard of any ecclesiastical benefice of whatsoever quality, shall, even though by consent, be henceforth granted to any individual; nor shall those already granted be suspended, extended, or transferred. And this decree shall have effect in regard of all ecclesiastical benefices whatsoever, and even in cathedral churches, 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 henceforth be observed; (to wit) that they shall not be permitted to any one in regard of any ecclesiastical benefices whatsoever. But if at any time the urgent necessity, or the evident advantage of a cathedral church, or of a monastery, demands that a coajutor be granted to a prelate, such coadjutor with (the right of) future succession shall not otherwise be granted but after the said cause has been first diligently taken cognizance of by the most holy Roman Pontiff; and it is certain, that all those qualifications which, by law, and by the decrees of this holy Synod, are required in bishops and prelates, are reunited in his person; otherwise, the concessions made herein, shall be accounted surreptitious.
CHAPTER VIII
What is to be observed in regard to Hospitals. By whom, and in what manner, the negligence of administrators is to be punished.
The holy Synod admonishes all who hold any ecclesiastical benefices, whether Secular or Regular, to accustom themselves, as far as their revenues will allow, to exercise with alacrity and kindliness the office of hospitality, so frequently commended by the holy Fathers; being mindful that those who cherish 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 whatsoever, or have even 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 happen to be united to hospitals, or have been turned into hospitals, and have been granted to the patrons thereof to be by them administered, the Synod strictly commands, that they execute the charge and duty imposed upon them, and that they actually exercise that hospitality, which is due at their hands, out of the fruits devoted to that purpose, pursuant to the constitution of the Council of Vienne, renewed elsewhere by this same holy Synod under Paul III., of happy memory, and 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 are no such persons, or very few, to be found, it doth further command, that the fruits thereof be converted to some other pious use, the nearest that may be to their original destination, and the most useful for that time and place, as shall seem to be the most expedient to the Ordinary, aided by two of the Chapter, experienced in matters of business, to be chosen by him; unless it be that the contrary happen to be expressed, to meet even this case, in the foundation, or institution thereof; in which event, the bishop shall take care that what is ordained be observed, or, if that be not possible, he shall, as above, regulate the matter in a useful manner.
Wherefore, if all and singular the persons aforesaid, of whatsoever order, and religious body, and dignity they may be, be they even 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 be the Ordinary, have ceased really to discharge the duty of hospitality, complying with all the necessary conditions to which they are bound, they may be compelled thereunto not only by ecclesiastical censures, and other remedies at law, 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 to whom this may belong. And the persons aforesaid shall, this notwithstanding, be bound in conscience to make 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 entrusted to one and the same person longer than for three years, unless it be otherwise provided in the foundation thereof; notwithstanding, as regards all the above-named particulars, any union, exemption, and custom, even from time immemorial, to the contrary, or any privileges, or indults of whatever kind.
CHAPTER IX
In what manner a right of patronage is to be proved, and to whom granted: what is not lawful for patrons. Unions of free benefices, to churches under right of patronage, prohibited. Rights of patronage, not legitimately obtained, are to be revoked.
Even as it is not just to take away 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 suffered, that, under this pretext, ecclesiastical benefices be reduced to a state of servitude, as by many is impudently done. In order, therefore, that what reason requires may be observed in all things, the holy Synod ordains, that the title to the right of patronage shall be (derived) from a foundation, or an endowment; which (title) shall be shown from an authentic document, and the other (proofs) required by law; or, also, by repeated presentations during a period of time so remote that it exceeds the memory of man; or, otherwise, according as the law directs. But as regards those persons, or communities, or universities, which that right is for the most part presumed to have been obtained by usurpation rather than otherwise, a more full and exact proof shall be required to establish 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 not less than fifty years, at the least, all of which presentations have been carried into effect, shall be proved from authentic writings.
All other rights of patronage, in regard to benefices, as well Secular as Regular, or parochial, or in regard to of dignities, or any other benefices whatsoever, in a cathedral or collegiate church; as also all faculties and privileges, whether granted so as to have the force of patronage, or, by virtue of any other right whatsoever, to nominate, elect, present to the said benefices when they become vacant, excepting the rights of patronage belong to cathedral churches, and excepting such other (rights of patronage) as belong to the emperor, to kings, or to those who possess kingdoms, and to other high and supreme princes who have the rights of sovereignty within their own dominions, as also those (rights of patronage) which have been bestowed in favour of (places of) general studies, shall be understood to wholly abrogated and made void, together with the quasi-possession which has followed thereupon. And benefices of this kind shall be conferred, as being free, by those who collate thereunto; and such appointment shall have full effect.
Furthermore, it shall be lawful for the bishop to reject the persons whom the patrons have presented, if they be not fit. But if the institution belong to inferior (ecclesiastics), they (the presentees) shall nevertheless be examined by the bishop, pursuant 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 whatsoever order and dignity they may be, be they (the patrons) even communities, universities, or any colleges whatsoever whether of clerics or laymen, shall not in any way, nor for any manner of cause or occasion, meddle with the receiving of the fruits, rents, or revenues of any benefices whatsoever, 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 decrees of the canons, the said right of patronage, by sale, or under any other title whatsoever: if they act otherwise, they shall be subjected to the penalties of excommunication and interdict, and shall be ipso jure deprived of the aforesaid right itself of patronage. Moreover, those accessions made by way of union of free benefices with churches that are subject to the right of patronage, even of laymen, whether those churches be parochial, or benefices of any other kind whatsoever, 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 as those unto which they are united, and are placed under the (same) 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 whatsoever, by whatsoever authority, be it even apostolic, shall, together with the said unions themselves, be regarded as having been obtained surreptitiously; notwithstanding any form of words therein employed, or any derogation which may be held as equivalent to being expressed; nor shall such unions be any more carried into execution, but the benefices themselves so united shall, when vacant, be freely conferred as previously.
As regards those augmentations, 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 be found to 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 whatsoever kind, even dignities which were 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 erecting the building afresh, 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 not be hindered by the faculties, or privileges of any individual in regard thereof; but 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 restore 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 on this score; any privileges, constitutions, and customs, even though immemorial, notwithstanding.
CHAPTER X
Judges, unto whom causes may be committed by the Apostolie See, are to be nominated by the Synod: all judges shall terminate causes speedily.
Forasmuch as on account of the malicious suggestions of suitors, and at times also by reason of the distance of places, a knowledge of the persons to whom causes are committed cannot be perfectly obtained; and hence causes are sometimes referred to judges on the spot who are not altogether fit; the holy Synod ordains, that, in each provincial, or diocesan, Synod, there shall be designated certain persons who have 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 have to be delegated to their districts. And if one of these so designated shall happen to 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 sort that each diocese shall have at least four, or even more, persons approved of and qualified as above, to whom causes of this nature 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 forthwith transmit to the Sovereign Roman Pontiff, any delegations whatsoever of other judges, made to any others but the above, shall be regarded as surreptitious.
The holy Synod furthermore admonishes both the Ordinaries and all other judges whatsoever to endeavour to terminate causes in as brief a period as possible; and to meet in every way, either by prescribing a given term, or by some other available method, 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 or rights are prohibited; certain other such leases are annulled.
It ordinarily brings great ruin upon churches, when the property thereof is, to the prejudice of those who succeed, leased out to others upon the present payment of a sum of money. Wherefore, all leases of this kind, if made for payments in advance, shall be in no wise considered valid to the prejudice of those who succeed; any indult or privelege whatsoever notwithstanding; nor shall such leases be confirmed in the Roman court, or elsewhere.
Neither shall it be lawful, to farm out ecclesiastical jurisdictions, or the faculties of nominating, or of deputing vicars in spirituals; nor for the lessees to exercise the above in person or by others; and any grants to the contrary, even though made by the Apostolic See, shall be esteemed surreptitious. As to leases of ecclesiastiscal things, even though confirmed by apostolical authority, the holy Synod declares those to be invalid, which, having been made within the last thirty years, for a long term, or as they are designated in some districts, for twenty-nine, or for twice twenty-nine years, shall be judged by the provincial Synod, or by the deputies thereof, to have been contracted to the injury of the church, and contrary to the ordinances of the canons.
CHAPTER XII
Tithes to be paid in full: those withholding, or hindering, the payment thereof are to be excommunicated: the Rectors of Poor Churches are to be piously relieved.
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 use, the tithes which have 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 another.
Wherefore, the holy Synod enjoins on all, of whatsoever rank and condition they be, to whom it belongs to pay tithes, that they henceforth pay in full the tithes, to which they are bound in law, to the cathedral church, or to whatsoever other churches, or persons, 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 after full restitution has been made. It further exhorts all and each, that, of their Christian charity, and the duty which they owe to their own pastors, they grudge not, out of the good things that are given them by God, to assist bountifully 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
The fourth of Funeral (dues) shall be paid to the Cathedral or Parish Churches.
The holy Synod ordains, that in whatsoever places, 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 whatsoever privilege, been granted to other monasteries, hospitals, or to any other kind of pious places; the same shall henceforth, with all its 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 whatsoever, to the contrary notwithstanding.
CHAPTER XIV
The manner of proceeding against Clerics who keep concubines is prescribed.
How shameful a thing, and how unworthy it is of the name of clerics who have devoted themselves to the service of God, to live in the filth of impurity, and unclean bondage, the thing itself doth testify, in the common scandal 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 learn to reverence them the more, that they know them to be more pure of life: the holy Synod forbids all clerics whatsoever to dare to keep concubines, or any other woman of whom any suspicion can exist, either in their own houses, or elsewhere, or to presume to have any intercourse with them: otherwise they shall be punished with the penalties imposed by the sacred canons, or by the statutes of the (several) churches. But if, after being admonished by their superiors, they shall not abstain from these women, they shall be ipso facto deprived of the third part of the fruits, rents, and proceeds of all their benefices whatsoever, and pensions; which third part shall be applied to the fabric of the church, or to some other pious place, at the discretion of the bishop. If, however, persisting in the same crime, with the same or some other woman, they shall not even yet have obeyed upon a second admonition, not only shall they thereupon forfeit all the fruits and proceeds of their benefices and 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 period as shall seem fit to the Ordinary, even as the delegate of the Apostolic See. And if, having been thus suspended, they nevertheless shall not put away those women, or, even if they shall have intercourse with them, then shall they be for ever deprived of their ecclesiastical benefices, portions, offices, and pensions of whatsoever kind, 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 cause, to grant them a dispensation. But if, after having once put them away, they shall have dared to renew the interrupted connexion, 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 of the aforesaid; and the cognizance of all the matters above-named shall not belong to archdeacons, or deans, or other inferiors, but to the bishops themselves, who may proceed without the noise and the formalities of justice, and by the sole investigation of the truth of the fact.
As regards clerics who have not ecclesiastical benefices or pensions, they shall, according to the quality of their crime and contumacy, and their persistance therein, be punished, by the bishop himself, with imprisonment, suspension from their order, inability to obtain benefices, or in other ways, conformably with the sacred canons.
Bishops also, if, which God forbid, they abstain not from crime of this nature, and, upon being admonished by the provincial Synod, they do not amend, shall be ipso facto suspended; and, if they persist therein, they shall be reported by the said Synod to the most holy Roman Pontiff, who shall punish them according to the nature of their guilt, even with deprivation if need be.
CHAPTER XV
The illegitimate Sons of Clerics are excluded from certain Benefices and Pensions.
That the memory of paternal incontinency may be banished as far as possible from places consecrated to God, where purity and holiness are most especially beseeming; it shall not be lawful for the sons of clerics, not born in lawful wedlock, to hold, in those churches wherein their fathers have, or had, an ecclesiastical benefice, any benefice whatsoever, even though a different one; nor to minister in any way in the said churches; nor to have pensions out of the revenues of benefices which their fathers hold, or have aforetime 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 be ipso jure deprived thereof; and any dispensation in regard of the aforesaid shall be accounted surreptitious. Moreover, any reciprocal resignations which shall from this time forth be made by fathers who are clerics in favour of their sons, that one may obtain the benefice of the other, shall be wholly regarded as made in fraudulent evasion of this decree, and of the ordinances of the canons; nor shall the collations that may have followed, by virtue of resignations of this kind, or of any other whatsoever made fraudulently, be of avail to the said sons of clerics.
CHAPTER XVI
Benefices with cure shall not be converted into simple Benefices: a suitable portion of the fruits shall be assigned to the Vicar who exercises the cure of souls.
The holy Synod ordains, that those Secular ecclesiastical benefices, by whatsoever name they may be called, which, by their original institution, or in any other way whatever, 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; notwithstanding any graces whatsoever which have not obtained their full effect. But, as regards those benefices wherein, 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 furthest from the end of the present Council, at the discretion of the Ordinary; pursuant 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 the benefice shall be vacant, either by the resignation or death of the vicar, or rector, or in whatsoever way either of the above shall vacate it, it shall receive again the cure of souls; the name of vicarage cease; and it shall be restored to its ancient state.
CHAPTER XVII
Bishops shall maintain their dignity; nor conduct themselves with unworthy servility towards the Ministers of Kings, towards Lords, or Barons.
The holy Synod cannot but sorely grieve at hearing that certain bishops, forgetful of their own estate, do in no slight manner disgrace the pontifical dignity; comporting themselves with an unseemly kind of servility, both in church and out of it, before 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 ordinances, which relate to the decorum and authority of the episcopal dignity, enjoin, that henceforth bishops abstain from the like; charging them that, both in church and out of it, having before their eyes their own rank and order, they every where bear in mind that they are fathers and pastors; charging also others, as well princes, as all persons whatsoever, 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 with the most mature deliberation.
As it is expedient for the public good, to relax at times the restraint of law, thereby more completely to meet, for the common advantage, the cases and necessities which arise; even so, to dispense too often with the law, and to yield to petitioners on account of precedent, rather than upon any certain discrimination in regard of persons and circumstances, is nothing else but to open a way for each one to transgress the laws. Wherefore, be it known to all men, that the most sacred canons are to be exactly observed by all, and, as far as this is possible, without distinction. But if any urgent and just reason, and at times a greater good, 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 dispensation granted otherwise shall be esteemed surreptitious.
CHAPTER XIX
Duelling is prohibited under the most severe penalties.
The detestable custom of duelling, introduced by the contrivance of the devil, that by the bloody death of the body, he may accomplish the ruin of the soul, shall be utterly exterminated from the Christian world. Any emperor, kings, dukes, princes, marquises, counts, and temporal lords by whatsoever other name 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 escheat to their direct lords.
As to the persons who have fought, and those who are called their seconds (sponsors), they shall incur the penalty of excommunication, and the confiscation 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 be for ever deprived of ecclesiastical sepulture. Those also who have given counsel in the ease of a duel, whether for the question of right, or fact, or have in any other way whatever persuaded any one thereunto, as also the spectators thereof, shall be subjected to the bond of excommunication, and of a perpetual malediction; any privilege soever, or evil custom, though immemorial, notwithstanding.
CHAPTER XX
The Immunities, Liberty, and other Rights of the Church 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 adverse attempts; besides those things which It has ordained touching 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 due reverence towards the clergy, parish priests, and the superior orders; nor permit that their officers, or inferior magistrates, through any spirit of covetousness, or any heedlessness, violate that immunity of the church and of ecclesiastical persons, which, by the ordinance of God, and by the appointments of the canons has been established; but (see) that they render, conjointly with the princes themselves, due observance to the sacred constitutions of Sovereign Pontiffs and of Councils.
It ordains, therefore, and enjoins, that the sacred canons, and all the General Councils, as also all other apostolic ordinances, 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 for this cause It admonishes the emperor, kings, republics, princes, and all and each of whatsoever state and dignity they be, that, the more bountifully they are adorned with temporal goods, and with power over others, the more religiously should they respect whatsoever is of ecclesiastical right, as belonging especially to God, and as being under the cover of His protection; and that they suffer not such to be injured by any barons, nobles, governors, or other temporal lords, and above all by their own immediate officers; but punish those severely, who obstruct her liberty, immunity, and jurisdiction; being themselves an example to them in regard of piety, religion, and the protection of the churches, in imitation of those most excellent and religious princes their predecessors, who not only defended from all injury from others, but, by their authority and munificence, in a special manner advanced the interests of their own church. Wherefore let each one herein discharge his duty carefully ; that so the divine worship may be devoutly celebrated, and prelates and other clerics 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 Aposto1ic See shall remain untouched.
Lastly, the holy Synod declares, that all and singular the things which, under whatsoever clauses and words, have been ordained in this sacred Council, in the matter of 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, untouched thereby.
DECREE FOR CONTINUING THE SESSION ON THE FOLLOWING DAY
Whereas all those things which had to be treated of in the present Session cannot, because of the lateness of the hour, be conveniently despatched; therefore, according as was resolved on by the Fathers in general congregation, the things which remain are deferred till tomorrow, in continuation of this same Session.
CONTINUATION OF THE SESSION
On the fourth day of December.
DECREE CONCERNING INDULGENCES
Whereas the power of conferring Indulgences was granted by Christ to the Church; and she has, even in the most ancient times, used the said power, delivered unto her of God; the sacred holy Synod teaches, and enjoins, that the use of Indulgences, for the Christian people most salutary, and approved of by the authority of sacred Councils, is to be retained in the Church; and It condemns with anathema those who either assert, that they are useless; or who deny that there is in the Church the power of granting them. In granting them, however, It desires that, in accordance with the ancient and approved custom in the Church, moderation be observed; lest, by excessive facility, ecclesiastical discipline be enervated. And being desirous that the abuses which have crept therein, and by occasion of which this honourable name of Indulgences is blasphemed by heretics, be amended and corrected, It ordains generally by this decree, that all evil gains for the obtaining thereof,--whence a most prolific cause of abuses amongst the Christian people has been derived,--be wholly abolished. But as regards the other abuses which have proceeded from superstition, ignorance, irreverence, or from what soever other source, since, by reason of the manifold corruptions in the places and provinces where the said abuses are committed, they cannot conveniently be specially prohibited; It commands all bishops, diligently to collect, each in his own church, all abuses of this nature, and to report them in the first provincial Synod; that, after having been reviewed by the opinions of the other bishops also, they may forthwith be referred to the Sovereign Roman Pontiff, by whose authority and prudence that which may be expedient for the universal Church will be ordained; that this the gift of holy Indulgences may be dispensed to all the faithful, piously, holily, and incorruptly.
ON CHOICE OF MEATS; ON FASTS, AND FESTIVAL DAYS
The holy Synod furthermore exhorts, and, by the most holy advent of our Lord and Saviour, conjures all pastors, that, like good soldiers, they sedulously recommend to all the faithful all those things which the holy Roman Church, the mother and mistress of all churches, has ordained, as also those things which, as well in this Council, as in the other oecumenical Councils, have been ordained, and to use all diligence that they be observant of all thereof, and especially of those which tend to mortify the flesh, such as the choice of meats, and fasts; as also those which serve to promote piety, such as the devout and religious celebration of festival days; often admonishing the people to obey those set over them (Heb. xiii. 17), whom they who hear, shall hear God as a rewarder, whereas they who contemn them, shall feel God himself as an avenger.
ON THE INDEX OF BOOKS; ON THE CATECHISM, BREVIARY, AND MISSAL
The sacred and holy Synod, in the second Session celebrated under our most holy lord, Pius IV., commissioned certain chosen Fathers to consider what ought to be done touching various censures, and books either suspected or pernicious, and to report thereon to the said holy Synod; hearing now that the finishing hand has been put to that labour by those Fathers, which, however, by reason of the variety and multitude of books cannot be distinctly and conveniently judged of by the holy Synod; It enjoins that whatsoever has been by them done shall be laid before the most holy Roman Pontiff, that it may be by his judgment and authority terminated and made public. And it commands that the same be done in regard of the Catechism, by the Fathers to whom that work was consigned, and as regards the missal and breviary.
ON THE PLACE OF AMBASSADORS
The holy Synod declares, that, by the place assigned to ambassadors, as well Ecclesiastics as Seculars, whether in Session, procession, or in any other acts whatsoever, no prejudice has been created in regard of any amongst them; but that all their own rights and prerogatives, and those of their own emperor, kings, republics, and princes are uninjured and untouched, and continue in the same state as they were before the present Council.
ON RECEIVING AND OBSERVING THE DECREES OF THE COUNCIL
So great has been the calamitousness of these times, and such the inveterate malice of the heretics, that there has been nothing ever so clear in our statement of faith, nothing so surely settled, which they, at the instigation of the enemy of the human race, have not defiled by some sort of error. For which cause the holy Synod hath made it Its especial care to condemn and anathematize the principal errors of the heretics of our time, and to deliver and teach the true and Catholic doctrine; even as It has condemned, and anathematized, and decreed.
And whereas so many bishops, summoned from the various provinces of the Christian world, cannot be absent for so long a time without great loss to the flock entrusted to them, and without universal danger; and whereas no hope remains that the heretics, after being so often invited, even with the public faith which they desired, and after being so long expected, will come hither later; and it is therefore necessary to put an end at length to the sacred Council: it now remains for It to admonish in the Lord all princes, as It hereby does, so to afford their assistance as not to permit the things which it has decreed to be corrupted or violated by heretics; but that they be by them and all others devoutly received, and faithfully observed. And should any difficulty arise in regard of receiving those decrees, or should anything be met with, which it does not believe, requiring explanation or definition, the holy Synod trusts that, besides the other remedies appointed in this Council, the most blessed Roman Pontiff will make it his care that, for the glory of God and the tranquillity of the Church, the necessities of the provinces be provided for, either by summoning particularly out of the provinces where the difficulties shall have arisen, those persons whom he shall deem it expedient (to employ) in treating of the said matters; or even by the celebration of a general Council, if he judge it necessary; or in such other way as shall seem to him most suitable.
ON RECITING, IN SESSION, THE DECREES OF THE COUNCIL UNDER PAUL III. AND JULIUS III
Forasmuch as, at divers times, as well under Paul III., as under Julius III., of happy memory, many things have, in this sacred Council, been ordained and defined touching dogmas and reformation of manners; the holy Synod wills that they be now recited and read.
They were recited.
ON THE CLOSE OF THE COUNCIL, AND ON SUING FOR CONFIRMATION FROM OUR MOST HOLY LORD
Most illustrious lords and most reverend Fathers, doth it please you, that, to the praise of Almighty God, an end be put to this sacred oecumenical Synod; and that the confirmation of all and singular the things which have therein been decreed and defined, as well under the Roman Pontiffs, Paul III., and Julius III., of happy memory, as under our most holy lord Pius IV., be requested, in the name of this holy Synod, by the presidents, and the Legates of the Apostolic See, from the most blessed Roman Pontiff?
They answered: It pleaseth us.
Afterwards, the most illustrious and most reverend Cardinal Morone, the first Legate and President, blessing the holy Synod said: After having given thanks to God, most reverend Fathers, go in peace.
They answered: Amen.
ACCLAMATIONS OF THE FATHERS AT THE CLOSE OF THE COUNCIL
The Cardinal of Lorraine. To the most blessed Pius, Pope, and our lord, pontiff of the holy and universal Church, many years and eternal memory. Answer of the Fathers. O Lord God, do Thou very long preserve the most holy Father to thy church: for many years.
The Cardinal. To the souls of the most blessed Soveriegn Pontiffs, Paul III., and Julius III., by whose authority this sacred general Council was begun, peace from the Lord, and eternal glory, and happiness in the light of the saints. Answer. Be their memory in benediction.
The Cardinal. Of the Emperor Charles the Fifth, and of the most serene kings, who have promoted and protected this universal Council, be the memory in benediction. Answer. Amen, Amen.
The Cardinal. To the most serene Emperor Ferdinand, ever august, orthodox, and pacific, and to all our kings, republics, and princes, many years. Answer. Preserve, O Lord, the pious and Christian emperor: Oh, Heavenly Emperor, protect earthly kings, the preservers of the right faith.
The Cardinal. To the Legates of the Apostolic Roman See, and presidents of this Synod, many thanks and many years. Answer. Many thanks: the Lord reward them.
The Cardinal. To the most reverend cardinals, and most illustrious ambassadors. Answer. Many thanks; many years.
The Cardinal. To the most holy bishops, life, and a happy return to their own churches. Answer. To the heralds of truth perpetual memory; to the orthodox senate many years.
The Cardinal. The sacred and holy oecumenical Synod of Trent: let us confess the faith thereof; let us ever keep the decrees thereof. Answer. Ever let us confess, ever keep.
The Cardinal. We all thus believe; we all think the very same; we all, consenting and embracing (them), subscribe. This is the faith of blessed Peter, and of the apostles: this is the faith of the Fathers: This is the faith of the Orthodox.
Answer. Thus we believe; thus we think; thus we subscribe.
The Cardinal. To these decrees adhering may we be made worthy of the mercies and grace of the first and great supreme priest, Jesus Christ God; our inviolate Lady, the holy mother of God, also interceding, and all the saints.
Answer. So be it: so be it. Amen, Amen.
Cardinal. Anathema to all heretics.
Answer Anathema, anathema.
After this, it was enjoined on all the Fathers, by the Legates and presidents, under pain of excommunication, that, before departing from the city of Trent, they should subscribe with their own hand the decrees of the Council, or approve thereof by some public instrument; all of whom subsequently subscribed, and they were in number CCLV; to wit, four legates, two cardinals, three patriarchs, twenty-five archbishops, one hundred and sixty-eight bishops, seven abbots, thirty-nine proctors of absent (prelates) with lawful commission, seven generals.
Praise be to God.
It agrees with the original: in faith whereof we have subscribed:
I, Angelus MASSARELLI, bishop of Telesia, secretary of the sacred Council of Trent.
I, Marcus Antonius PEREGRINUS, of Como, notary of the said Council.
I, Cynthius PAMPHILUS, clerk of the diocese of Camerino, notary of the said Council.
CONFIRMATION OF THE COUNCIL
We, Alexander di Farnese, cardinal-deacon of Saint Lawrence in Damaso, vice-chancellor of the holy Roman Church, do certify and attest, that, on this day, being Wednesday, the twenty-sixth of January, MDLXIV, in the fifth year of the pontificate of our most holy lord Pius IV., by the providence of God, Pope, the most reverend my lords, the cardinals Morone and Simonetta, lately returned from the sacred Council of Trent, whereat they had presided as Legates of the Apostolic See, did, in a secret consistory, held at St. Peter's, petition our said most holy lord as follows:
Most blessed Father; in a decree, concerning the closing of the oecumenical Council of Trent, published the day before the nones of December last, it was ordained, that, through the presidents and Legates of your Holiness, and of the holy Apostolic See, confirmation should be requested from your Holiness, in the name of the said Council, of all and singular the things which were therein decreed and defined, as well under Paul III., and Julius III., of happy memory, as under your Holiness. Wherefore, we, John, Cardinal Morone, and Louis, Cardinal Simonetta, who were then Legates and presidents, wishing to execute what was appointed in that decree, do humbly petition in the name of the said oecumenical Council of Trent, that your Holiness would vouchsafe to confirm all and singular the things which have therein been decreed and defined, as well under Paul III., and Julius III., of happy memory, as under your Holiness.
Upon hearing which, his Holiness, having looked at and read the tenour of the said decree, and having takein the advice of the most reverend lords, the cardinals, replied in these words: Acceding to the petition made to us, by the Legates aforesaid, in the name of the oecumenical Council of Trent, touching the confirmation thereof, We, with apostolic authority, and with the advice and assent of our venerable brethren the cardinals, having previously had a mature deliberation with them, do confirm all and singular the things which have been decreed and defined in the said Council, as well under Paul III., and Julius III., of happy memory, as during the time of our pontificate; and we command that the same be received and inviolably observed by all the faithful of Christ; In the name of the Father, and of the Son, and of the Holy Ghost. Amen.
So it is.
A. Cardinal FARNESE,
Vice-Chancellor
BULL OF OUR MOST HOLY LORD PIUS IV., BY PROVIDENCE OF GOD, POPE, TOUCHING THE CONFIRMATION OF THE OECUMENICAL (AND) GENERAL COUNCIL OF TRENT
Pius, bishop, servant of the servants of God, for the perpetual memory hereof.
Blessed be the God, and Father of our Lord Jesus Christ, the Father of mercies, and the God of all comfort, who hath vouchsafed to look down upon His holy Church, agitated and tossed by so many storms and tempests, and, whilst it was day by day more sorely distressed, hath at length brought relief thereunto by a suitable and wished-for remedy. To extirpate very many and most pernicious heresies, to correct manners, and to restore eccesiastical discipline, to procure time peace and concord of the Christiain people, an oecumenical and general Council had been, a long time previously, indicted by our predecessor, Paul III., of pious memory, and had been begun by holding several Sessions. Having been, by his successor, recalled to the same city, the Council, after several Sessions had been celebrated, could not, on account of various impediments and difficulties which supervened, be even then brought to a conclusion: it was, therefore, for a long time interrupted, not without the greatest grief on the part of all persons of piety, whilst the Church daily more and more implored that remedy. But we, upon having entered upon the government of the Apostolic See, undertook to accomplish so necessary and salutary a work, even as our pastoral solicitude admonished us; trusting in the Divine Mercy, and aided by the pious zeal of our most beloved son in Christ, Ferdinand, Emperor elect of the Romans, and by that of other Christian kings, republics, and princes, we have at length attained to that which we have not ceased to labour after by daily and nightly watchfulness, and which we have assiduously besought of the Father of lights.
For whereas a most numerous assembly of bishops and of other distinguished prelates, and one worthy of an oecumenical Council, had, upon being convoked by our letters, and impelled also by their own piety, been gathered together from all sides out of the nations of Christendom, at the said city; together with whom were very many other persons of piety, pre-eminent for skill in sacred letters, and knowledge of divine and human law; the Legates of the Apostolic See presiding in the said Synod; ourselves so favourable to the liberty of the Council, as even to have, by letters written to our Legates, voluntarily left the said Council free to determine concerning matters properly reserved to the Apostolic See; such things as remained to be treated of, defined, and ordained, touching the sacraments and other matters, which seemed to be necessary for confuting heresies, removing abuses, and amending morals, were by the sacred and holy Synod with the most perfect liberty and diligence, treated of, and accurately and most deliberately defined, explained, and ordained, which being completed, the Council was brought to a close with so great unanimity on the part of all who assisted thereat, that it was plain that such agreement was the Lord's doing, and it was very wonderful in our eyes, and those of all.
And whereas the said holy Synod, in its reverence towards the Apostolic See, and following also in the traces of the ancient Councils, has, in a decree made thereon in public Session, requested of us the confirmation of all Its decrees, passed in our time and that of our predecessors; We, being made acquainted with the request of the said Synod, first by the letters of our Legates, then, upon their return, by what they diligently reported in the name of the Synod; after mature deliberation had thereon with our venerable brethren the cardinals of the holy Roman Church, and, above all, having invoked the assistance of the Holy Spirit; after that we had ascertained that all those decrees were Catholic, and useful and salutary to the Christian people, We, to the praise of Almighty God, with the advice and assent of our brethren aforesaid, have this day, in our secret consistory, confirmed by Apostolic authority all and singular those decrees, and have ordained that the same be received and observed by all the faithful of Christ; as also, for the clearer information of all men, We do, by the tenour of this letter, confirm them, and ordain that they be received and observed.
And, in virtue of holy obedience, and under the penalties by the sacred canons appointed, and others more grievous, even those of deprivation, to be inflicted at our discretion, We do also command all and each of our venerable brethren, the patriarchs, archbishops, bishops, and all other prelates whatsoever of the churches, of what estate, grade, order and dignity soever, they may be, even though distinguished with the honour of the cardinalate, diligently to observe the said decrees and statutes in their own churches, cities, and dioceses, both in their courts of justice and elsewhere, and to cause the same to be inviolably observed, each by his own subjects, in so far as they are in any way concerned therein; silencing gainsayers, and the refractory, by means of judicial sentences, and by the censures also and ecclesiastical penalties contained in the said decrees; calling in also, if need be, the help of the secular arm. And, by the bowels of the mercy of our Lord Jesus Christ, We admonish and conjure our said most beloved son the emperor elect, and the Christian kings, republics, and princes, with that piety with which they assisted, by their ambassadors, at the Council, with the same piety and equal zeal, for the sake of God's honour, and the salvation of their people, in reverence also towards the Apostolic See, and the sacred Synod, to support, when needful, with their assistance and countenance, the prelates in executing and observing the decrees of the said Council ; and not to permit opinions adverse to the sound and salutary doctrine of the Council to be received by the people who are under their sway, but utterly to interdict such.
Furthermore, in order to avoid the perversion and confusion which might arise, if each one were allowed, as he might think fit, to publish his own commentaries and interpretations on the decrees of the Council ; We, by apostolic authority, forbid all men, as well ecclesiastics, of whatsoever order, condition, and rank they may be, as also laymen, with whatsoever honor and power invested ; prelates, to wit, under pain of being interdicted from entering the church, and all others whomsoever they be, under pain of excommunication incurred by the fact, to presume, without our authority to publish, in any form, any commentaries, glosses, annotations, scholia, or any kind of interpretation whatsoever of the decrees of the said Council ; or to settle anything in regard thereof, under any plea whatsoever, even under pretext of greater corroboration of the decrees, or the more perfect execution thereof, or under any other colour whatsoever. But if anything therein shall seem to any one to have been expressed and ordained in an obscure manner, and it shall appear to stand in need on that account of an interpretation or decision, let him Go up to the place which the Lord hath chosen; to wit, to the Apostolic See, the mistress of all the faithful, whose authority the holy Synod also has so reverently acknowledged. For, if any difficulties and controversies shall arise in regard of the said decrees, We reserve them to be by Us cleared up and decided, even as the holy Synod has Itself in like manner decreed ; being prepared, as that Synod has justly expressed Its confidence in regard to Us, to provide for the necessities of all the provinces, in such manner as shall seem to Us most suitable; declaring that whatsoever may be attempted to the contrary in this matter, whether wittingly or unwittingly, by any one, by what authority soever, is, notwithstanding, null and void.