But since in the sacrament of order, as also in baptism and confirmation, a character is imprinted which can neither be effaced nor taken away,[7] the holy council justly condemns the opinion of those who say 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 anyone should assert that all Christians without distinction are priests of the New Testament, or that they are all inter se endowed with an equal spiritual power, he seems to do nothing else than derange the ecclesiastical hierarchy,[8] which is <an army set in array;>[9] as if, contrary to the teaching of St. Paul, all are apostles, all prophets, all evangelists, all pastors, all doctors.[10] Wherefore, the holy council declares that, besides the other ecclesiastical grades, the bishops, who have succeeded the Apostles, principally belong to this hierarchial order, and have been placed, as the same Apostle says, by the Holy Ghost to rule the Church of God;[11] that they are superior to priests, administer the sacrament of confirmation,[12] ordain ministers of the Church, and can perform many other functions over which those of an inferior order have no power.

The council teaches furthermore, that in the ordination of bishops, priests and the other orders, the consent, call or authority, whether of the people or of any civil power or magistrate is not required in such wise that without this the ordination is invalid[13] rather does it decree that all those who, called and instituted only by the people or by the civil power or magistrate, ascend to the exercise of these offices, and those who by their rashness assume them, are not ministers of the Church, but are to be regarded as thieves and robbers, who have not entered by the door.[14] These are the things which in general it has seemed good to the holy council to teach to the faithful of Christ regarding the sacrament of order. The contrary, however, it has resolved to condemn in definite and appropriate canons in the following manner, in order that all, making use with the help of Christ of the rule of faith, may in the midst of the darkness of so many errors recognize more easily the Catholic truth and adhere to it.

CANONS ON THE SACRAMENT OF ORDER

Canon I. If anyone says that there is not in the New Testament a visible and external priesthood,[15] or that there is no power of consecrating and offering the true body and blood of the Lord and of forgiving and retaining sins,[16] but only the office and bare ministry of preaching the Gospel; or that those who do not preach are not priests at all, let him be anathema.

Can. 2. If anyone says that besides the priesthood there are not in the Catholic Church other orders, both major and minor,[17] by which, as by certain steps, advance is made to the priesthood,[18] let him be anathema.

Can. 3. If anyone says that order or sacred ordination is not truly and properly a sacrament instituted by Christ the Lord,[19] or that it is some human contrivance devised by men unskilled in ecclesiastical matters, or that it is only a certain rite for choosing ministers of the word of God and of the sacraments, let him be anathema.

Can. 4. If anyone says that by sacred ordination the Holy Ghost is not imparted and that therefore the bishops say in vain: Receive ye the Holy Ghost, or that by it a character is not imprinted, or that he who has once been a priest can again become a layman, let him be anathema.

Can. 5. If anyone says that the holy unction which the Church uses in ordination is not only not required but is detestable and pernicious, as also are the other ceremonies of order, let him be anathema.

Can. 6. If anyone says that in the Catholic Church there is not instituted a hierarchy by divine ordinance, which consists of bishops, priests and ministers, let him be anathema.

Can. 7. If anyone says that bishops are not superior to priests, or that they have not the power to confirm and ordain, or that the power which they have is common to them and to priests, or that orders conferred by them without the consent or call of the people or of the secular power are invalid, or that those who have been neither rightly ordained nor sent by ecclesiastical and canonical authority, but come from elsewhere, are lawful ministers of the word and of the sacraments, let him be anathema.

Can. 8. If anyone says that the bishops who are chosen by the authority of the Roman pontiff are not true and legitimate bishops, but merely human deception, let him be anathema.

DECREE CONCERNING REFORM

The same holy Council of Trent, continuing the matter of reform, resolves and ordains that the things following be at present decreed.

CHAPTER I

THE NEGLIGENCE OF PASTORS OF CHURCHES IN THE MATTER OF RESIDENCE IS IN VARIOUS WAYS RESTRAINED. THE <CURA ANIMARUM> IS PROVIDED FOR

Since by divine precept it is enjoined on all to whom is entrusted the <cura animarum> to know their sheep,[20] to offer sacrifice for them, and to feed them by the preaching of the divine word, the administration of the sacraments, and the example of all good works, to exercise a fatherly care in behalf of the poor and other distressed persons and to apply themselves to all other pastoral duties, all of which cannot be rendered and fulfilled by those who do not watch over and are not with their flock, but desert it after the manner of hirelings,[21] the holy council admonishes and exhorts them that, mindful of the divine precepts and <made a pattern of the flock,>[22] they in judgment and in truth be shepherds and leaders. And lest those things that concern residence which have already been piously and with profit decreed under Paul III,[23] of happy memory, be understood in a sense foreign to the mind of the holy council, as if in virtue of that decree it were lawful to be absent during five continuous months, the holy council, adhering to that decree, declares that all who, under whatever name or title, even though they be cardinals of the holy Roman Church, preside over patriarchal, primatial, metropolitan and cathedral churches, are bound to personal residence in their church or diocese, where they are obligated to discharge the office committed to them and from which they may not absent themselves except for the reasons and in the manner subjoined. Since Christian charity, urgent necessity, due obedience, and manifest advantage to the Church or the commonwealth require and demand that some at times be absent, the same holy council decrees that these reasons for lawful absence must be approved 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 the absence of the metropolitan; except when the absence is necessitated by some function or office of the state attached to the episcopal dignity, in which cases the absence being a matter of public knowledge and at times unexpected, it will not be necessary to make known to the metropolitan the reasons therefor. To him, however, in conjunction with the provincial council, it shall pertain to decide concerning the permissions granted by himself or by his suffragans and to see that no one abuses that right and that transgressors are punished in accordance with canonical prescriptions. Moreover, those who are about to depart should remember so to provide for their sheep that as far as possible they may not suffer any injury through their absence.[24] But since those who are absent only for a brief period appear in the sense of the ancient canons not to be absent, because they are soon to return, the holy council wishes that that period of absence in a single year, whether continuous or interrupted, ought, except for the reasons mentioned above, in no case to exceed two or at most three months, and that consideration be taken that it be made from a just cause and without any detriment to the flock. Whether this be the case, the council leaves to the conscience of those who depart, which it hopes will be religious and delicate, for hearts are open to God,[25] whose work they are bound at their peril not to do deceitfully.[26] Meanwhile it admonishes and exhorts them in the Lord, that unless their episcopal duties call them elsewhere in their diocese, they are on no account to absent themselves from their cathedral church during the periods of the Advent of the Lord, Quadragesima, the Nativity, Easter, Pentecost and Corpus Christi, on which days especially the sheep ought to be refreshed and to rejoice in the Lord at the presence of the shepherd.[27]

But if anyone, which it is hoped will never happen, shall have been absent in violation of the provision of this decree, the holy council ordains that in addition to the other penalties imposed upon and renewed against non-residents under Paul III,[28] and the guilt of mortal sin which he incurs, he can acquire no proprietorship of any fruits in proportion to the time of his absence, and cannot, even though no other declaration follows the present one, retain them with a safe conscience, but is bound, even in his default, through his ecclesiastical superior, to apply them to the treasury of the churches or to the poor of the locality; every agreement or arrangement to which appeal is made for ill-gotten fruits, whereby the aforesaid fruits might be restored to him in whole or in part, being forbidden; any privileges whatsoever granted to any college or treasury to the contrary notwithstanding.

Absolutely the same, as regards the guilt, the loss of fruits, and the penalties, does the holy council declare and decree with reference to inferior pastors and to all others who hold any ecclesiastical benefice having the <cura animarum>;[29] so however, that should it happen that they are absent for a reason that has first been made known to and approved by the bishop, they shall leave a due allowance of the stipend to a competent vicar to be approved by the ordinary. The permission to go away, which is to be granted in writing and gratuitously, they shall not obtain for a period longer than two months except for a grave reason. In case they shall be summoned, even though not personally, by an edict, and should be contumacious, the ordinaries shall be at liberty to constrain them by ecclesiastical censures, by the sequestration and withdrawal of fruits and other legal means, even deprivation; and no privilege whatsoever, no concession, domestic position, exemption, not even by reason of some benefice, no contract or statute, even though confirmed by oath or by any authority whatsoever, no custom, even though immemorial, which is to be regarded rather as a corruption, no appeal or inhibition, even in the Roman Curia or by virtue of the constitution of Eugene,[30] shall be able to suspend the execution hereof.

Finally, the holy council commands that both the decree under Paul III[31] and this present one be published in the provincial and episcopal councils; for it desires that things which so intimately concern the office of pastors and the salvation of souls, be frequently impressed on the ears and mind of all, so that with the help of God they may not hereafter fall into decay either through the corrosive action of time, the forgetfulness of men or by desuetude.

CHAPTER II

THOSE PLACED OVER CHURCHES SHALL RECEIVE CONSECRATION WITHIN THREE MONTHS; WHERE THE CONSECRATION IS TO TAKE PLACE

If those who, under whatever name or title, even though they be cardinals of the holy Roman Church, have been placed over cathedral or superior churches, shall not within three months have received consecration,[32] they shall be bound to restore the fruits received; if for three more months they shall have neglected to do this, they shall be <ipso jure> deprived of their churches. Their consecration, if performed outside the Roman Curia, shall take place 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 ORDERS IN PERSON

Bishops shall confer orders themselves; but should they be prevented by illness, they shall not send their subjects to another bishop to be ordained unless they have first been examined and approved.[33]

CHAPTER IV

WHO MAY RECEIVE THE FIRST TONSURE

No one shall be admitted to the first tonsure who has not received the sacrament of confirmation; who has not been taught the rudiments of the faith; who does not know how to read and write,[34] and concerning whom there is not a probable conjecture that he has chosen this manner of life that he may render to God a faithful service and not to escape fraudulently from civil justice.

CHAPTER V

WHEREWITH THOSE TO BE ORDAINED ARE TO BE PROVIDED

Those who are to be promoted to minor orders shall have a good testimonial from their pastor and from the master of the school in which they are educated. Those, however, who are to be raised to any one of the major orders, shall a month before the ordination repair to the bishop, who shall commission the pastor or another person whom he may deem more suitable, to make known publicly in the church the names and desire of those who wish to be promoted, to inform himself diligently from trustworthy sources regarding the birth, age, morals and life of those to be ordained,[35] and to transmit to the bishop as soon as possible testimonial letters containing the results of the inquiry.[36]

CHAPTER VI

THE AGE OF FOURTEEN YEARS IS REQUIRED FOR AN ECCLESIASTICAL BENEFICE; WHO IS TO ENJOY THE <PRIVILEGIUM FORI>

No one who has received the first tonsure or is constituted in minor orders shall be able to hold a benefice before his fourteenth year.[37] Furthermore, he shall not enjoy the <privilegium fori> unless he has an ecclesiastical benefice, or, wearing the clerical garb and tonsure, serves in some church by order of the bishop, or is in an ecclesiastical seminary or with the permission of the bishop in some school or university on the way, as it were, to the reception of major orders.[38] As regards married clerics, the constitution of Boniface VIII, which begins, “Cleric), qui cum unicis,”[39] shall be observed, provided these clerics, being assigned by the bishop to the service or ministry of some church, serve or minister in that church and wear the clerical garb and tonsure; privilege or custom, even immemorial, shall avail no one in this matter.

CHAPTER VII

THOSE TO BE ORDAINED ARE TO BE EXAMINED BY MEN SKILLED IN DIVINE AND HUMAN LAW

The holy council, following the footsteps of the ancient canons, decrees that when the bishop has arranged to hold an ordination, all who wish to dedicate themselves to the sacred ministry shall be summoned to the city for the Wednesday before the ordination, or any other day which the bishop may deem convenient.[40] And calling to his assistance priests and other prudent men skilled in the divine law and experienced in the laws of the Church, the bishop shall carefully investigate and examine the parentage, person, age, education, morals, learning and faith of those who are to be ordained.[41]

CHAPTER VIII

HOW AND BY WHOM EACH ONE OUGHT TO BE ORDAINED

The conferring of sacred orders shall be celebrated publicly, at the times specified by law,[42] and in the cathedral church in the presence of the canons of the church, who are to be summoned for that purpose; but if celebrated in another place of the diocese, in the presence of the local clergy, the church holding the highest rank should always, so far as possible, be chosen. Each one shall be ordained by his own bishop.[43] But if anyone should ask to be promoted by another, this shall under no condition, even under the pretext of any general or special rescript or privilege, even at the times specified, be permitted him unless his probity and morals be recommended by the testimony of his ordinary.[44] Otherwise the one ordaining shall be suspended for a year from conferring orders, and the one ordained shall be suspended from exercising the orders received for as long a period as his ordinary shall see fit.

CHAPTER XI

A BISHOP ORDAINING ONE OF HIS OWN HOUSEHOLD SHALL AT ONCE AND IN REALITY CONFER ON HIM A BENEFICE

A bishop may not ordain one of his house who is not his subject, unless he has lived with him for a period of three years and to the exclusion of fraud confers on him at once a benefice;[45] any custom, even though immemorial, to the contrary notwithstanding.

CHAPTER X

PRELATES INFERIOR TO BISHOPS SHALL NOT CONFER THE TONSURE OR MINOR ORDERS EXCEPT ON RELIGIOUS SUBJECT TO THEM; NEITHER THEY NOR ANYCHAPTER WHATSOEVER SHALL GRANT DIMISSORY LETTERS; A SEVERER PENALTY IS PRESCRIBED AGAINST THOSE WHO TRANSGRESS THE DECREE

It shall not be lawful in the future for abbots and any other persons, however exempt, residing within the limits of a diocese, even in case they are said to be of no diocese or exempt, to confer the tonsure or minor orders on anyone who is not a religious subject to them; nor shall abbots themselves and other exempt persons, or any colleges or chapters, even those of cathedral churches, grant dimissory letters to any secular clerics that they may be ordained by others. But the ordination of all these persons, when everything contained in the decrees of this holy council has been observed,[46] shall pertain to the bishops within the limits of whose diocese they are; any privileges, prescriptions or customs, even though immemorial, notwithstanding. It commands also that the penalty imposed on those who, contrary to the decree of this holy council under Paul III,[47] procure dimissory letters from the chapter during the vacancy of the episcopal see, be extended to those who shall obtain the said letters not from the chapter but from any other persons who during the vacancy of the see succeed to the jurisdiction of the bishop in lieu of the chapter. Those who issue dimissory letters contrary to the form of this decree, shall be <ipso jure> suspended from their office and benefices for one year.

CHAPTER XI

THE INTERSTICES AND CERTAIN OTHER REGULATIONS TO BE OBSERVED IN THE RECEPTION OF MINOR ORDERS

The minor orders shall be conferred on those who understand at least the Latin language, observing the prescribed interstices,[48] unless the bishop should deem it more expedient to act otherwise, that they may be taught more accurately how great is the burden of this vocation and may in accordance with the direction of the bishop exercise themselves in each office,[49] and this in the church to which they will be assigned (unless they happen to be absent <causa studiorum); and thus they shall ascend step by step, that with increasing age they may grow In worthiness of life and in learning, which especially the example of their good conduct, their assiduous service in the Church, their greater reverence toward priests and the superior orders, and a more frequent communion than heretofore of the body of Christ will prove. And since from here there is entrance to the higher orders and to the most sacred mysteries, no one shall be admitted to them whom the promise of knowledge does not show to be worthy of the major orders.[50] These, however, shall not be promoted to sacred orders till a year after the reception of the last of the minor orders, unless necessity or the need of the Church shall in the judgment of the bishop require otherwise.

CHAPTER XII

THE AGE REQUIRED FOR MAJOR ORDERS; ONLY THOSE WORTHY ARE TO BE ADMITTED

No one shall in the future be promoted to the subdiaconate before the twenty-second, to the diaconate before the twenty-third, and to the priesthood before the twenty-fifth year of his age.[51] However, the bishops should know that not all who have attained that age are to be admitted to these orders, but those only who are worthy and whose upright life is as old age. Regulars likewise shall not be ordained below that age or without a careful examination by the bishop; all privileges whatsoever 1n this respect being completely set aside.

CHAPTER XIII

WHO MAY BE ORDAINED SUBDEACON AND DEACON; THEIR OBLIGATIONS; ON NO ONE SHALL TWO SACRED ORDERS BE CONFERRED THE SAME DAY

Those shall be ordained subdeacons and deacons who have a good testimonial,[52] have already been approved in minor orders, and are instructed in letters and in those things that pertain to the exercise of the orders. They should hope, with the help of God, to be able to live continently,[53] should serve the churches to which they will be assigned, understand that it is very highly becoming, since they serve at the altar, to receive holy communion at least on the Lord’s days and on solemn festival days. Those who have been promoted to the sacred order of subdeacon shall not till they have completed at least one year therein be permitted to ascend to a higher order,[54] unless the bishop shall judge otherwise. Two sacred orders shall not be conferred on the same day, even to regulars,[55] any privileges and indults whatsoever to whomsoever granted to the contrary notwithstanding.

CHAPTER XIV

WHO ARE TO BE PROMOTED TO THE PRIESTHOOD; THE OFFICE OF THOSE SO PROMOTED

Those who have conducted themselves piously and faithfully in their performance of earlier functions and are accepted for the order of priesthood, shall have a good testimonial[56] and be persons who not only have served in the office of deacon for one entire year, unless by reason of the advantage and need of the Church the bishop should judge otherwise, but who also by a previous careful examination have been found competent to teach the people those things which are necessary for all to know unto salvation, and competent also to administer the sacraments, and so conspicuous for piety and purity of morals that a shining example of good works and a guidance for good living may be expected from them. The bishop shall see to it that they celebrate mass at least on the Lord’s days and on solemn festivals, but if they have the <cura animarum>, as often as their duty requires. To those who have been promoted <per saltum>,[57] the bishop may for a legitimate reason grant a dispensation, provided they have not exercised the ministry.

CHAPTER XV

NO ONE SHALL HEAR CONFESSIONS UNLESS APPROVED BY THE ORDINARY

Although priests receive by ordination the power of absolving from sins, nevertheless the holy council decrees that no one, even though a regular, can hear the confessions of seculars, even priests, and that he is not to be regarded as qualified thereto, unless he either holds a parochial benefice or is by the bishops, after an examination, if they should deem it necessary, or in some other manner, judged competent and has obtained their approval,[58] which shall be given gratuitously; any privileges and custom whatsoever, even immemorial, notwithstanding.

CHAPTER XVI

VAGRANTS AND PERSONS USELESS TO THE CHURCHES SHALL BE EXCLUDED FROM ORDERS

Since no one ought to be ordained who in the judgment of his bishop is not useful or necessary to his churches, the holy council, following the footsteps of the sixth canon of the Council of Chalcedon,[59] decrees that no one shall in the future be ordained who is not assigned to that church or pious place for the need or utility of which he is promoted, where he may discharge his duties and not wander about without any fixed abode.[60] But if he shall desert that place without consulting the bishop, he shall be forbidden the exercise of the sacred orders. Furthermore, no cleric who is a stranger shall, without commendatory letters from his ordinary, be admitted by any bishop to celebrate the divine mysteries and to administer the sacraments.[61]

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 porter, which have been laudably received in the Church from the times of the Apostles, and which have been for some time discontinued in many localities, may again be restored to use in accordance with the canons,[62] and may not be derided by the heretics as useless, the holy council, burning with the desire to restore the ancient usage, decrees that in the future such functions shall not be exercised except by those constituted in these orders, and it exhorts in the Lord each and all prelates of the churches and commands them that they make it their care to restore these functions, so far as it can be conveniently done, in cathedral, collegiate and parochial churches of their diocese, if the number of people and the revenues of the church are able to bear it. To those exercising these functions they shall assign salaries from a part of the revenues of some simple benefices or of the church treasury if the revenues are adequate, or from the revenues of both, and of these salaries they may, if they prove negligent, be deprived in whole or in part by the judgment of the bishop. In case there should not be at hand unmarried clerics to exercise the functions of the four minor orders, their place may be supplied by married clerics of approved life, provided they have not married a second time,[63] are competent to discharge the duties, and wear the tonsure and the clerical garb in church.

CHAPTER XVIII

DIRECTIONS FOR ESTABLISHING SEMINARIES FOR CLERICS, ESPECIALLY THE YOUNGER ONES; IN THEIR ERECTION MANY THINGS ARE TO BE OBSERVED; THE EDUCATION OF THOSE TO BE PROMOTED TO CATHEDRAL AND MAJOR CHURCHES

Since the age of youth, unless rightly trained, is inclined to follow after the pleasure of the world,[64] and unless educated from its tender years in piety and religion before the habits of vice take possession of the whole man, will never perfectly and without the greatest and well-nigh extraordinary help of Almighty God persevere in ecclesiastical discipline, the holy council decrees that all cathedral and metropolitan churches and churches greater than these shall be bound, each according to its means and the extent of its diocese, to provide for, to educate in religion, and to train in ecclesiastical discipline, a certain number of boys of their city and diocese, or, if they are not found there, of their province, in a college located near the said churches or in some other suitable place to be chosen by the bishop.[65] Into this college shall be received such as are at least twelve years of age, are born of lawful wedlock, who know how to read and write competently, and whose character and inclination justify the hope that they will dedicate themselves forever to the ecclesiastical ministry.

It wishes, however, that in the selection the sons of the poor be given preference, though it does not exclude those of the wealthy class, provided they be maintained at their own expense and manifest a zeal to serve God and the Church. These youths the bishop shall divide into as many classes as he may deem proper, according to their number, age, and progress in ecclesiastical discipline, and shall, when it appears to him opportune, assign some of them to the ministry of the churches, the others he shall keep in the college to be instructed, and he shall replace by others those who have been withdrawn, so that the college may be a perpetual seminary of ministers of God. And that they may be the better trained in the aforesaid ecclesiastical discipline, they shall forthwith and always wear the tonsure and the clerical garb; they shall study grammar, singing, ecclesiastical computation, and other useful arts; shall be instructed in Sacred Scripture, ecclesiastical books, the homilies of the saints, the manner of administering the sacraments, especially those things that seem adapted to the hearing of confessions, and the rites and ceremonies.

The bishop shall see to it that they are present every day at the sacrifice of the mass, confess their sins at least once a month, receive the body of our Lord Jesus Christ in accordance with the directions of their confessor, and on festival days serve in the cathedral and other churches of the locality. All these and other things beneficial and needful for this purpose each bishop shall prescribe with the advice of two of the senior and more reputable canons chosen by himself as the Holy Ghost shall suggest, and they shall make it their duty by frequent visitation to see to it that they are always observed. The disobedient and incorrigible, and the disseminators of depraved morals they shall punish severely, even with expulsion if necessary; and removing all obstacles, they shall foster carefully whatever appears to contribute to the advancement and preservation of so pious and holy an institution.

And since for the construction of the college, for paying salaries to instructors and servants, for the maintenance of the youths and for other expenses, certain revenues will be necessary, the bishops shall, apart from those funds which are in some churches and localities set aside for the instruction and maintenance of youths, and which are <eo ipso> to be considered as applied to this seminary under the care of the bishop, with the advice of two of the chapter, of whom one shall be chosen by the bishop, the other by the chapter, and also of two of the clergy of the city, the choice of one of whom shall in like manner be with the bishop, the other with the clergy, deduct a certain part or portion from the entire revenues of the bishop and of the chapter, and of all dignities with and without jurisdiction, offices, prebends, portions, abbeys and priories of whatever order, even though regular, whatever their character and rank; also of hospitals which, according to the constitution of the Council of Vienne, which begins, “Quia contingit,”[66] are conferred as title or with a view of administration; also of all benefices, even those of regulars, though they enjoy the right of patronage, even if exempt, or belong to no diocese, or are annexed to other churches, monasteries, hospitals, or to any other pious places even though exempt; also of the treasuries of the churches and of other places, and of all other ecclesiastical revenues or incomes, even those of other colleges (in which, however, the seminaries of students and instructors promoting the common good of the Church are not actually included, for the council wishes these to be exempt, except with reference to such revenues as exceed the expense of the suitable maintenance of these seminaries), or associations or confraternities, which in some localities are called schools; and of all monasteries, except those of the mendicants, also of all tithes belonging in any way to laics, from which ecclesiastical maintenance is customarily paid, and of those also which belong to knights, of whatever military body or order they may be, the brethren of St. John of Jerusalem alone excepted; and the part or portion so deducted, as also some simple benefices, of whatever nature or rank, and prestimonies, or prestimonial portions as they are called, even before they become vacant, without prejudice, however, to the divine service or to those who hold them, they shall apply to and incorporate in this college.

This shall have effect whether the benefices be reserved or assigned; and the unions and assignments of these benefices can be neither suspended through resignation nor in any way hindered, but they shall have their effect, any vacancy, even in the Curia, notwithstanding, or any constitution whatsoever. For the payment of this portion the local bishop shall by ecclesiastical censures and other legal means, even with the aid of the secular arm, should he deem it necessary, compel the possessors of benefices, dignities with and without jurisdiction, and each and all of the above-mentioned, whether the revenues are for themselves or for the salaries which they perchance pay to others out of the said revenues, retaining, however, a portion equivalent to that which they have to pay on account of these salaries; any privileges, exemptions, even such as might require a special declaration of annulment, custom, even though immemorial, any appeal and allegation which might hinder the execution of any or all of the above, notwithstanding.

But if it should happen that as a result of these unions or otherwise, the seminary should be found to be endowed in whole or in part, then the portion deducted from each benefice, as stated above, and incorporated by the bishop, shall be discontinued in whole or in part as circumstances may require. And if the prelates of cathedrals and other major churches should prove negligent in the erection of the seminary and its maintenance and should decline to pay their portion, it shall be the duty of the archbishop to rebuke the bishop sharply and compel him to comply with all the aforesaid matters, and of the provincial synod to rebuke sharply and compel in like manner the archbishop and superiors, and diligently to see to it that this holy and pious work be, wherever possible, expedited without delay. The bishop shall receive annually the accounts of the revenues of the seminary in the presence of two delegated by the chapter and of as many delegated by the clergy of the city.

Furthermore, in order that the establishment of schools of this kind may be procured at less expense, the holy council decrees that bishops, archbishops, primates and other local ordinaries urge and compel, even by the reduction of their revenues, those who hold the position of instructor and others to whose position is attached the function of reading or teaching, to teach those to be educated in those schools personally, if they are competent, otherwise by competent substitutes, to be chosen by themselves and to be approved by the ordinaries.[67] But if these in the judgment of the bishop are not qualified, they shall choose another who is competent, no appeal being permitted; and should they neglect to do this, then the bishop himself shall appoint one. The aforesaid instructors shall teach what the bishop shall judge expedient. In the future, however, those offices or dignities, which are called professorships, shall not be conferred except on doctors or masters or licentiates of Sacred Scripture or canon law and on other competent persons who can personally discharge that office; any appointment made otherwise shall be null and void, all privileges and customs whatsoever, even though immemorial, notwithstanding.

But if in any province the churches labor under such poverty that in some a college cannot be established, then the provincial synod or the metropolitan with two of the oldest suffragans shall provide for the establishment of one or more colleges, as he may deem advisable, at the metropolitan or at some other more convenient church of the province, from the revenues of two or more churches in each of which a college cannot be conveniently established, where the youths of those churches might be educated. In churches having extensive dioceses, however, the bishop may have one or more in the diocese, as he may deem expedient; which, however, shall in all things be dependent on the one erected and established in the [metropolitan] city.

Finally, if either with regard to the unions or the appraisement or assignment or incorporation of portions, or for any other reason, any difficulty should happen to arise by reason of which the establishment or the maintenance of the seminary might be hindered or disturbed, the bishop with those designated above or the provincial synod, shall have the authority, according to the custom of the country and the character of the churches and benefices, to decide and regulate all matters which shall appear necessary and expedient for the happy advancement of the seminary, even to modify or augment, if need be, the contents hereof.

ANNOUNCEMENT OF THE NEXT SESSION

Moreover, the same holy Council of Trent announces the next session for the sixteenth day of the month of September, in which it will treat of the sacrament of matrimony and of other matters pertaining to the doctrine of faith, if there be any which can be disposed of; further, it will deal with the collation of bishoprics, dignities and other ecclesiastical benefices and with various articles of reform.

The session was prorogued to the eleventh day of November, 1563.

ENDNOTES

1 Heb. 7:12.

2 Cf. <infra>, can. 2 and chap. 17 de ref.

3 Act 6:5; 21:8. I Tim. 3:8, 12.

4 Cc.11-13, D.XXXII; c.4 D.LX; c.9, X, De aet. et qual. et ord. praef., I, 14.

5 Cf. Synods of Elvira (ca. 305), c.33; Antioch (341), c.10; cc.14, 16, D.XXXII, Denzinger, <Enchiridion>, nos. 45, 153-58.

6 See II Tim. 1:6f.

7 Cf. Sess VII. Sacraments, can. 9 and <infra>, can. 4.

8 Cf. <infra>, can. 6.

9 Cant. 6:3, 9.

10 See I Cor. 12:28ff.; Eph. 4:11.

11 Acts 20:28.

12 Cf. Sess. VII, Confirmation, can. 3.

13 Cf. Synod of Laodicea, can. 13.

14 John 10:1.

15 Cf. <supra>, chap. I.

16 Matt. 16:19; Luke 22:19 f.; cc. 5, 6, C.XXIV, q. I.

17 Cf. <supra>, chap. 2.

18 Cc.2, 3, D.LXXVII; and <infra>, chap. 13 de ref.

19 Cf. <supra>, chap. 3.

20 John 10:1-16; 21:15-17; Acts 20:28.

21 John 10:12 f.

22 See I Pet. 5:3.

23 Cf. Sess. VI, chaps. I, 2 de ref.

24 Cf. c. 34, VI, De elect., I, 6; Sess. VI, chap. 2 de ref. at the end

25 Ps. 7:10; Acts 1:24.

26 Jer. 48:10.

27 C. 29, C.VII. q. I.

28 Cf. Sess. VI, chap. I de ref.

29 Sess. VI, chap. 2

de ref.

30 Cf. c.3, Extrav. comm., De privil., V, 7.

31 Cf. Sess. VI, chap. I de ref.

32 C 2, D.LXXV; c. I, D.C.; Sess. VII, chap. 9 de ref.

33 Cf. <infra>, chaps. 8, 10; III Synod of Carthage (397), c. 22.

34 Cf. c.4, VI, De temp. ord., I, 9.

35 Cf. c.5, D.XXIV.

36 Cf. <infra>, chap. 7.

37 C. 3, X, De aet. et qual. et ord. praef., I,14.

38 C.7, X, de cler. conjug., III, 3.

39 C. un h.t. in VI, III, 2.

40 C.5, D.XXIV.

41 Cf. <supra>, chap. 5 de ref.

42 Cf. c.7, D.LXXV, cc.1-3, X, De temp. ord., I, II.

43 Cc.1-4, D.LXXI; c.2, D.LXXII; cc.6, 7, 9, 10, C.IX, q.2; cc.I, 2, VI, De temp. ord., I, 9.

44 Cf. Sess. XIV, chaps. 2, 3 de ref.

45 C. 2, X, De praeb., III. 5.

46 Cf. <supra>, chaps. 5, 6 and <infra>, chaps. 11, 12 de ref.

47 Cf. Sess. VII, chap. 10 de ref.

48 Cf. <infra,> chap. 13.

49 Ibid., chap. 17 and c.3, D.LIX.

50 Cc.l, 2, 4, D.LIX.

51 C. 3, De aet. et qual. et ord. praef. in Clem., I, 6.

52 See I Tim. 3:7, C.3, D.LXXVII.

53 Cf. c. I, D. XXVIII.

54 Cf. <supra>, chap. II de ref.

55 Cc.13, 15, X, De temp. ord., I, II.

56 Cf. I Tim. 3:7; c.3, D.LXXVII.

57 C.um. D.LII.

58 Cf. c. 2, VI, De poenit., V, 10; c.2, De sepult. in Clem., III, 7.

59 C. I, D. LXX; c. ult., ibid. 60 Ibid., c.2.

61 Cc.6, 7, 9, D.LXXI et al.

62 c. l, D.XXI; Denzinger, nos. 154-58.

63 Cf. tot. tit., X, De big. non ord., 1, 21.

64 Gen. 8: 21- cf. c. 5, D.XXVIII, c. l, C.XII, q. I.

65 Cf. Sess. V, chap. I de ref.

66 C.2, De relig. dom. in Clem., III, II.

67 Cf. Sess. V, chap. I de ref.

TWENTY-FOURTH SESSION which is the eighth under the Supreme Pontiff, Pius IV, celebrated on the eleventh day of November, 1563

DOCTRINE OF THE SACRAMENT OF MATRIMONY

The perpetual and indissoluble bond of matrimony was expressed by the first parent of the human race, when, under the influence of the divine Spirit, he said: <This now is bone of my bones and flesh of my flesh. Wherefore a man shall leave father and mother and shall cleave to his wife, and they shall be two in one flesh.>[1] But that by this bond two only are united and joined together, Christ the Lord taught more plainly when referring to those last words as having been spoken by God, He said: <Therefore now they are not two, but one flesh,>[2] and immediately ratified the firmness of the bond so long ago proclaimed by Adam with these words: <What therefore God has joined together, let no man put asunder.>[3]

But the grace which was to perfect that natural love, and confirm that indissoluble union, and sanctify the persons married, Christ Himself, the instituter and perfecter of the venerable sacraments, merited for us by His passion, which Paul the Apostle intimates when he says: Husbands love your wives, as Christ also loved the Church, and delivered himself up for it;[4] adding immediately: <This is a great sacrament, but I speak in Christ and in the Church.>[5]

Since therefore matrimony in the evangelical law surpasses in grace through Christ the ancient marriages, our holy Fathers, the councils,[6] and the tradition of the universal Church, have with good reason always taught that it is to be numbered among the sacraments of the New Law; and since with regard to this teaching ungodly men of this age, raving madly, have not only formed false ideas concerning this venerable sacrament, but, introducing in conformity with their habit under the pretext of the Gospel a carnal liberty, have by word and writing asserted, not without great harm to the faithful of Christ, many things that are foreign to the teaching of the Catholic Church and to the usage approved of since the times of the Apostles, this holy and general council, desiring to restrain their boldness, has thought it proper, lest their pernicious contagion should attract more, that the principal heresies and errors of the aforesaid schismatics be destroyed by directing against those heretics and their errors the following anathemas.

CANONS ON THE SACRAMENT OF MATRIMONY

Canon I. If anyone says that matrimony is not truly and properly one of the seven sacraments of the evangelical law, instituted by Christ the Lord,[7] but has been devised by men in the Church and does not confer grace, let him be anathema.

Can. 2. If anyone says that it is lawful for Christians to have several wives at the same time and that this is not forbidden by any divine law,[8] let him be anathema.

Can. 3. If anyone says that only those degrees of consanguinity and affinity which are expressed in Leviticus can hinder matrimony from being contracted and dissolve it when contracted,[9] and that the Church cannot dispense in some of them or declare that others hinder and dissolve it, let him be anathema.

Can. 4. If anyone says that the Church cannot establish impediments dissolving marriage,[10] or that she has erred in establishing them, let him be anathema.

Can. 5. If anyone says that the bond of matrimony can be dissolved on account of heresy,[11] or irksome cohabitation, or by reason of the voluntary absence of one of the parties, let him be anathema.

Can. 6. If anyone says that matrimony contracted but not consummated is not dissolved by the solemn religious profession of one of the parties,[12] let him be anathema.

Can. 7. If anyone says that the Church errs in that she taught and teaches that in accordance with evangelical and apostolic doctrine the bond of matrimony cannot be dissolved by reason of adultery on the part of one of the parties, and that both, or even the innocent party who gave no occasion for adultery, cannot contract another marriage during the lifetime of the other, and that he is guilty of adultery who, having put away the adulteress, shall marry another, and she also who, having put away the adulterer, shall marry another,[13] let him be anathema.

Can. 8. If anyone says that the Church errs when she declares that for many reasons a separation may take place between husband and wife with regard to bed and with regard to cohabitation for a determinate or indeterminate period, let him be anathema.

Can. 9. If anyone says that clerics constituted in sacred orders or regulars who have made solemn profession of chastity can contract marriage, and that the one contracted is valid notwithstanding the ecclesiastical law or the vow, and that the contrary is nothing else than a condemnation of marriage, and that all who feel that they have not the gift of chastity, even though they have made such a vow, can contract marriage, let him be anathema, since God does not refuse that gift to those who ask for it rightly, neither does <he suffer us to be tempted above that which we are able.>[14]

Can. 10 If anyone says that the married state excels the state of virginity or celibacy, and that it is better and happier to be united in matrimony than to remain in virginity or celibacy,[15] let him be anathema.

Can. 11 If anyone says that the prohibition of the solemnization of marriages at certain times of the year is a tyrannical superstition derived from the superstition of the heathen,[16] or condemns the blessings and other ceremonies which the Church makes use of therein, let him be anathema.

Can. 12. If anyone says that matrimonial causes do not belong to ecclesiastical judges, let him be anathema.

DECREE CONCERNING THE REFORM OF MATRIMONY

CHAPTER I

THE FORM PRESCRIBED IN THE LATERAN COUNCIL FOR SOLEMNLY CONTRACTING MARRIAGE IS RENEWED; BISHOPS MAY DISPENSE WITH THE PUBLICATION OF THE BANNS; WHOEVER CONTRACTS MARRIAGE OTHERWISE THAN IN THE PRESENCE OF THE PASTOR AND OF TWO OR THREE WITNESSES, DOES SO INVALIDLY

Although it is not to be doubted that clandestine marriages made with the free consent of the contracting parties are valid and true marriages so long as the Church has not declared them invalid,[17] and consequently that those persons are justly to be condemned, as the holy council does condemn them with anathema, who deny that they are true and valid, and those also who falsely assert that marriages contracted by children [minors] without the consent of the parents are invalid, nevertheless the holy Church of God has for very just reasons at all times detested and forbidden them.[18] But while the holy council recognizes that by reason of man’s disobedience those prohibitions are no longer of any avail, and considers the grave sins which arise from clandestine marriages, especially the sins of those who continue in the state of damnation, when having left the first wife with whom they contracted secretly, they publicly marry another and live with her in continual adultery, and since the Church which does not judge what is hidden, cannot correct this evil unless a more efficacious remedy is applied, therefore, following in the footsteps of the holy Lateran Council celebrated under Innocent III,[19] it commands that in the future, before a marriage is contracted, the proper pastor of the contracting parties shall publicly announce three times in the church, during the celebration of the mass on three successive festival days, between whom marriage is to be contracted; after which publications, if no legitimate impediment is revealed, the marriage may be proceeded with in the presence of the people, where the parish priest, after having questioned the man and the woman and heard their mutual consent, shall either say: “I join you together in matrimony, in the name of the Father, and of the Son, and of the Holy Ghost,” or he may use other words, according to the accepted rite of each province. But if at some time there should be a probable suspicion that a marriage might be maliciously hindered if so many publications precede it, then either one publication only may be made or the marriage may be celebrated forthwith in the presence of the parish priest and of two or three witnesses. Then before its consummation the publications shall be made in the church, so that if any impediments exist they may be the more easily discovered, unless the ordinary shall deem it advisable to dispense with the publications, which the holy council leaves to his prudence and judgment. Those who shall attempt to contract marriage otherwise than in the presence of the parish priest or of another priest authorized by the parish priest or by the ordinary and in the presence of two or three witnesses, the holy council renders absolutely incapable of thus contracting marriage and declares such contracts invalid and null, as by the present decree it invalidates and annuls them. Moreover, it commands that the parish priest or another priest who shall have been present at a contract of this kind with less than the prescribed number of witnesses, also the witnesses who shall have been present without the parish priest or another priest, and also the contracting parties themselves, shall at the discretion of the ordinary be severely punished. Furthermore, the same holy council exhorts the betrothed parties not to live together in the same house until they have received the sacerdotal blessing in the church;[20] and it decrees that the blessing is to be given by their own parish priest, and permission to impart it cannot be granted to any other priest except by the parish priest himself or by the ordinary, any custom, even though immemorial, which ought rather to be called a corruption, or any privilege notwithstanding. But if any parish priest or any other priest, whether regular or secular, should attempt to unite in marriage or bless the betrothed of another parish without the permission of their parish priest, he shall, even though he may plead that his action was based on a privilege or immemorial custom, remain <ipso jure> suspended until absolved by the ordinary of that parish priest who ought to have been present at the marriage or from whom the blessing ought to have been received. The parish priest shall have a book in which he shall record the names of the persons united in marriage and of the witnesses, and also the day on which and the place where the marriage was contracted, and this book he shall carefully preserve. Finally, the holy council exhorts the betrothed that before they contract marriage, or at least three days before its consummation, they carefully confess their sins and approach devoutly the most holy sacrament of the Eucharist. If any provinces have in this matter other laudable customs and ceremonies in addition to the aforesaid, the holy council wishes earnestly that they be by all means retained. And that these so salutary regulations may not remain unknown to anyone, it commands all ordinaries that they as soon as possible see to it that this decree be published and explained to the people in all the parish churches of their dioceses, and that this be done very often during the first year and after that as often as they shall deem it advisable. It decrees, moreover, that this decree shall begin to take effect in every parish at the expiration of thirty days, to be reckoned from the day of its first publication in that church.

CHAPTER II

BETWEEN WHOM SPIRITUAL RELATIONSHIP IS CONTRACTED

Experience teaches that by reason of the large number of prohibitions, marriages are often unknowingly contracted in prohibited cases in which either the parties continue to live, not without great sin, or the marriages are dissolved, not without great scandal. Wherefore, the holy council wishing to provide against this condition, and beginning with the impediment arising from spiritual relationship, decrees that in accordance with the prescriptions of the holy canons,[21] one person only, whether man or woman, or at most one man and one woman, shall act as sponsors in baptism for the one baptized, and spiritual relationship shall be contracted between these only and the one baptized, and his father and mother, and also between the one baptizing and the one baptized and the father and mother of the one baptized. Before the parish priest proceeds to confer baptism, he shall carefully inquire of those whom it concerns what person or persons they have chosen to act as sponsors at the font for the one to be baptized, and he shall permit him or them only to act as such, shall record their names in the book, and shall teach them what relationship they have contracted, so that they may not have any excuse on the score of ignorance. If any others, besides those designated, should touch the one being baptized, they shall not in any way contract a spiritual relationship, any constitutions asserting the contrary notwithstanding.[22] If through the fault or negligence of the parish priest it should be done otherwise, he shall be punished at the discretion of the ordinary. That relationship also which is contracted in confirmation is not to be extended beyond him who confirms, the one confirmed, his father and mother, and the sponsor;[23] all impediments of this spiritual relationship between other persons being completely removed.

CHAPTER III

THE IMPEDIMENT OF PUBLIC HONESTY IS RESTRICTED WITHIN CERTAIN LIMITS

The holy council completely removes the impediment of justice arising from public honesty where the betrothals are for any reason not valid.[24] But where they are valid, the impediment shall not extend beyond the first degree, because in more remote degrees such a prohibition can no longer be observed without detriment.

CHAPTER IV

AFFINITY ARISING FROM FORNICATION IS RESTRICTED TO THE SECOND DEGREE

Moreover, the holy council, moved by the same and other very grave reasons, restricts the impediment which arises on account of the affinity contracted from fornication, and which dissolves the marriage afterward contracted,[25] to those only who are united in the first and second degree; in more remote degrees it ordains that affinity of this kind does not dissolve the marriage afterward contracted.

CHAPTER V

NO ONE IS TO MARRY WITHIN THE PROHIBITED DEGREES; IN WHAT MANNER DISPENSATION IS TO BE GRANTED THEREIN

If anyone should presume knowingly to contract marriage within the prohibited degrees, he shall be separated and shall have no hope of obtaining a dispensation;[26] and this shall apply much more to him who has dared not only to contract such a marriage but also to consummate it. If he has done this in ignorance and yet has neglected the solemnities required in the contraction of matrimony, he shall be subject to the same penalties; for he who has rashly despised the salutary precepts of the Church, is not worthy to enjoy without difficulty her beneficence. But if after the observance of the solemnities some impediment should afterward be discovered of which he probably had, no knowledge, then he may more easily and gratuitously be granted a dispensation. In the contraction of marriages either no dispensation at all shall be granted or rarely, and then for a reason and gratuitously. In the second degree a dispensation shall never be granted except in the case of great princes and for a public cause.

CHAPTER VI

PUNISHMENTS AGAINST ABDUCTORS ARE PRESCRIBED

The holy council decrees that between the abductor and the one abducted there can be no marriage so long as she remains in the power of the abductor. But if the one abducted is separated from the abductor and is in a free and safe place, and consents to have him for her husband, the abductor may have her for his wife;[27] nevertheless, the abductor and all who have given him advice, aid and approval shall be <ipso jure> excommunicated and forever infamous and disqualified for all dignities of any kind; and if they be clerics, they shall forfeit all rank.[28] The abductor shall, moreover, be bound, whether he marries the one abducted or not, to bestow on her at the discretion of the judge a suitable endowment.[29]

CHAPTER VII

VAGRANTS ARE TO BE UNITED IN MATRIMONY WITH CAUTION

There are many who are vagrants and have no permanent abode, and, being of unprincipled character, after having abandoned their first wife, marry another, very often several in different localities, during the lifetime of the first. The holy council wishing to put an end to this evil, extends this fatherly admonition to all whom it may concern; namely, not to admit to marriage easily this class of vagrants; it also exhorts the civil magistrates to restrain them vigorously. But it commands parish priests not to be present at the marriage of such persons unless they have first made a diligent inquiry, and after having reported the matter to the ordinary, shall have obtained permission from him to do so.

CHAPTER VIII

CONCUBINAGE IS SEVERELY PUNISHED

It is a grave sin for unmarried men to have concubines, but it is a most grave sin, and one committed in singular contempt of this great sacrament, when married men live in this state of damnation and have the boldness at times to maintain and keep them in their homes even with their own wives. Wherefore, the holy council, in order to provide suitable remedies against this great evil, decrees that if these concubinaries, whether unmarried or married, whatever may be their state, dignity or profession, have not, after a threefold admonition in reference to this matter by the ordinary, also ex officio, put away their concubines and separated themselves from intimacy with them, they shall be punished with excommunication from which they shall not be absolved till they have in fact obeyed the admonition given them.[30] But if, regardless of censures, they shall continue in concubinage for a year, the ordinary shall proceed against them with a severity in keeping with the character of the crime. Women, whether married or unmarried, who live publicly with adulterers or concubinaries, if after a threefold admonition they do not obey, shall be punished severely in accordance with their guilt by the local ordinaries, even though not called upon by anyone to do so, <ex officio;> and if the ordinaries should deem it expedient, they shall be expelled, even with the aid of the secular arm, if need be, from the city or the diocese; the other penalties imposed on adulterers and concubinaries shall remain in force.

CHAPTER IX

TEMPORAL LORDS OR MAGISTRATES SHALL NOT ATTEMPT ANYTHING CONTRARY TO THE FREEDOM OF MARRIAGE

Worldly inclinations and desires very often so blind the mental vision of temporal lords and magistrates, that by threats and ill usage they compel men and women who live under their jurisdiction, especially the rich or those who expect a large inheritance, to contract marriage against their will with those whom these lords or magistrates propose to them. Wherefore, since it is something singularly execrable to violate the freedom of matrimony, and equally execrable that injustice should come from those from whom justice is expected,[31] the holy council commands all, of whatever rank, dignity and profession they may be, under penalty of anathema to be incurred ipso facto, that they do not in any manner whatever, directly or indirectly, compel their subjects or any others whomsoever in any way that will hinder them from contracting marriage freely.[32]

CHAPTER X

THE SOLEMNITIES OF MARRIAGES ARE FORBIDDEN AT CERTAIN TIMES

The holy council commands that from the Advent of our Lord Jesus Christ till the day of the Epiphany, and from Ash Wednesday till the octave of Easter inclusive, the old prohibitions of solemn nuptials be carefully observed by all;[33] at other times it permits marriages to be celebrated solemnly and the bishops shall see to it that they are conducted with becoming modesty and propriety, for matrimony is a holy thing and IS to be treated in a holy manner.

DECREE CONCERNING REFORM

The same holy council, continuing the matter of reform, decrees that the following be ordained in the present session.

CHAPTER I

NORMS OF PROCEDURE IN THE ELECTION OF BISHOPS AND CARDINALS

If in all ecclesiastical grades a prudent and enlightened attention is necessary in order that in the house of the Lord there be nothing disorderly and nothing unbecoming, much more ought we to strive that no error be committed in the election of him who is constituted above all grades. For the state and order of the entire household of the Lord will totter if what is required in the body be not found in the head. Hence, although the holy council has elsewhere decided to advantage a number of things concerning those to be promoted to cathedral and major churches,[34] yet it considers this office to be of such a nature that if viewed in its greatness, there can never be caution enough taken concerning it. Wherefore it decrees that as soon as a church becomes vacant, public and private supplications and prayers be made and be ordered throughout the city and diocese by the chapter, that clergy and people may implore God for a good shepherd. It moreover exhorts and admonishes each and all who in any manner have a right from the Apostolic See to participate in the promotion of those to be placed in authority, or who otherwise render assistance (due to the circumstances of the present time no change being made herein), that they above all bear in mind that they can do nothing more serviceable to the glory of God and the salvation of the people than to exert themselves to the end that good and competent shepherds be promoted to the government of the Church, and that they become partakers in the sins of others and sin mortally unless they strive diligently that those be promoted whom they judge the more worthy and useful to the Church, not moved by entreaties or human affection, or the solicitations of rivals, but because their merits speak for them, whom they know to be persons of lawful wedlock, and whose life, age, learning and all other qualifications meet the requirements of the sacred canons and the decrees of this Council of Trent.[35] But since the taking of the important and competent testimony of upright and learned men regarding the aforesaid qualifications cannot by reason of the diversity of nations, peoples and customs be everywhere uniformly followed, the holy council commands that in the provincial synod to be held by the metropolitan, there be prescribed for each place and province a special or proper form of the examination, investigation or instruction to be made, such as shall appear most useful and suitable for these places and which is to be submitted to the approval of the most holy Roman pontiff; so however, that after the completion of the examination or investigation of the person to be promoted, it shall, after having been put in the form of a public document, be transmitted as soon as possible, with all the attestations and with the profession of faith made by the one to be promoted, to the most holy Roman pontiff, in order that the Roman pontiff himself, with a complete knowledge of the whole matter and of the persons before him, may for the benefit of the Lord’s flock provide the churches more profitably if in the examination or investigation they have been found competent. All examinations, investigations, attestations and proofs of whatever kind and by whomever made, even though in the Roman Curia, concerning the qualifications of the one to be promoted and the condition of the church, shall be carefully examined by the cardinal, who shall report thereon to the consistory, and three other cardinals; and this report shall be authenticated by the signature of the cardinal making the report and of the three other cardinals, in which each of the four cardinals shall affirm that, after having given it his careful attention, he has found those to be promoted to possess the qualifications required by law and by this holy council and at the peril of his eternal salvation firmly believes that they are competent to be placed over churches; and the report having been made in one consistory, that the investigation may in the meantime receive more mature consideration, the decision shall be deferred to another consistory, unless the most blessed pontiff shall deem it expedient to act otherwise. Each and all of the particulars relative to the life, age, learning and the other qualifications of those who are to be appointed bishops, which have been determined elsewhere by this council, the same It decrees are to be required in the election of the cardinals of the holy Roman Church, even though they be deacons, whom the most holy Roman pontiff shall, in so far as it can be conveniently done, choose from all the nations of Christendom according as he finds them competent. Finally, the same holy council, moved by so many very grave afflictions of the Church, cannot but call to mind that nothing is more necessary to the Church of God than that the holy Roman pontiff apply that solicitude which by the duty of his office he owes the universal Church in a very special way by associating with himself as cardinals the most select persons only, and appoint to each church most eminently upright and competent shepherds; and this the more so, because our Lord Jesus Christ will require at his hands the blood of the sheep of Christ that perish through the evil government of shepherds who are negligent and forgetful of their office.

CHAPTER II

PROVINCIAL SYNODS ARE TO BE CELEBRATED EVERY THREE YEARS, DIOCESAN SYNODS EVERY YEAR; WHO ARE TO CONVOKE THEM AND WHO ARE TO BE PRESENT THEREAT

Provincial synods, wherever they have been omitted, shall be restored for the regulation of morals, the correction of abuses, the settlement of controversies, and for other purposes permitted by the sacred canons.[36] Wherefore the metropolitans in person, or if they are legitimately hindered, the oldest suffragan bishop, shall not neglect to convoke, each in his own province, a synod within a year at least from the termination of the present council and after that at least every third year, after the octave of the resurrection of our Lord Jesus Christ or at some other more convenient time, according to the custom of the province, and which all the bishops and others who by right or custom are under obligation to be present shall be absolutely bound to attend, those being excepted who at imminent danger would have to cross the sea. The bishops of the province shall not in the future be compelled under pretext of any custom whatsoever to go against their will to the metropolitan church. Those bishops likewise who are not subject to any archbishop shall once for all choose some neighboring metropolitan, at whose provincial synod they shall be obliged to be present with the other bishops, and whatever has been decided therein they shall observe and cause to be observed. In all other respects their exemption and privileges shall remain intact and entire. Diocesan synods also are to be celebrated annually; at which also all those exempt, who would otherwise by reason of the cessation of that exemption have to attend, and who are not subject to general chapters, shall be bound to assemble; those also who have charge of parochial or other secular churches, even though annexed, whoever they may be, must be present at the synod. But if the metropolitans and also the bishops and the others mentioned above prove negligent in these matters, they shall incur the penalties prescribed by the sacred canons.

CHAPTER III

IN WHAT MANNER PRELATES ARE TO MAKE THEIR VISITATION

Patriarchs, primates, metropolitans and bishops shall not neglect to visit their respective dioceses, either personally or, if they are lawfully hindered, through their vicar-general or visitor;[37] if by reason of its extent they are unable to make a visitation of the whole annually, they shall either themselves or through their visitors visit at least the greater part of it, so that the whole may be completed in two years. Metropolitans, even after a complete visitation of their own diocese, shall not visit the cathedral churches or the dioceses of the bishops of their province, except for a cause taken cognizance of and approved by the provincial synod. Archdeacons, deans and other inferiors shall visit those churches in which they have thus far been accustomed legally to make visitations, but from now on with the consent of the bishop, personally and with the aid of a notary. Also the visitors delegated by a chapter, where the chapter has the right of visitation, shall be first approved by the bishop; thereby, however, the bishop, or if he be hindered, his visitor, shall not be prohibited from visiting those same churches apart from these, and the archdeacons and other inferiors shall be bound to render to him an account within a month of the visitation made by them, and to show him the depositions of witnesses and the entire proceedings; any custom, even though immemorial, and any exemptions and privileges whatsoever notwithstanding. But the chief purpose of all these visitations shall be, after the extirpation of heresies, to restore sound and orthodox doctrine, to guard good morals and to correct such as are evil, to animate the people by exhortations and admonitions with religion, peace and innocence, and to regulate the rest for the benefit of the faithful as the prudence of the visitors may suggest, allowance being made for place, time and occasion.[38] That these things may be more easily and happily accomplished, each and all of the aforesaid to whom the right of visitation belongs, are admonished to treat all with a fatherly love and Christian zeal, and therefore content with a modest train of horses and servants, let them strive to complete the visitation as speedily as possible, yet with due attention. Meanwhile they shall exercise care that they do not become troublesome or a burden to anyone by useless expenses, and neither shall they nor any one of theirs, either by way of compensation for the visitation or from wills made for pious purposes, except what is by right due to them from pious bequests, or under any other name, receive anything, be it money or gift of whatever kind or in whatever way offered,[39] any custom, even though immemorial, notwithstanding; with the exception, however, of food, which shall be furnished them and theirs frugally and in moderation during the time necessary for the visitation only and not beyond that.[40] It shall, however, be left to the option of those who are visited to pay, if they prefer, what in accordance with a fixed assessment they have been accustomed to pay in money heretofore, or to furnish the food; inviolate also shall remain the right of old agreements entered into with monasteries or other pious places or with churches not parochial. But in those places or provinces where it is the custom that neither food nor money or anything else be received by the visitors, but that all be done gratuitously, that practice shall continue there. But if anyone, which God forbid, shall presume to receive more in any of the cases mentioned above, in addition to the restitution of double the amount to be made within a month, he shall also incur without hope of pardon the other penalties contained in the constitution of the General Council of Lyons, which begins, “Exigit,”[41] as well as those of the provincial synod at the discretion of that synod. Patrons shall not presume in any way to intrude themselves in those things that pertain to the administration of the sacraments; they shall not interfere with the visitation of the ornaments of the church, or its immovable properties, or the revenues of the buildings, except in so far as they are competent to do this by reason of the institution and foundation; but the bishops themselves shall attend to these things and shall see to it that the revenues of the buildings are devoted to purposes necessary and useful to the church according as they shall deem most expedient.

CHAPTER IV

BY WHOM AND WHEN THE OFFICE OF PREACHING IS TO BE DISCHARGED. THE PARISH CHURCH IS TO BE ATTENDED TO HEAR THE WORD OF GOD. NO ONE MAY PREACH WITHOUT THE PERMISSION OF THE BISHOP

Desiring that the office of preaching, which belongs chiefly to bishops, be exercised as often as possible for the welfare of the faithful, the holy council, for the purpose of accommodating to the use of the present time the canons published elsewhere on this subject under Paul III,[42] of happy memory, decrees that they themselves shall personally, each in his own church, announce the Sacred Scriptures and the divine law, or, if lawfully hindered, have it done by those whom they shall appoint to the office of preaching; but in other churches by the parish priests, or, if they are hindered, by others to be appointed by the bishop in the city or in any part of the diocese as they shall judge it expedient, at the expense of those who are bound or accustomed to defray it, and this they shall do at least on all Sundays and solemn festival days, but during the season of fasts, of Lent and of the Advent of the Lord, daily, or at least on three days of the week if they shall deem it necessary; otherwise, as often as they shall judge that it can be done conveniently. The bishop shall diligently admonish the people that each one is bound to be present at his own parish church, where it can be conveniently done, to hear the word of God.[43] But no one, whether secular or regular, shall presume to preach, even in churches of his own order, in opposition to the will of the bishop. The bishops shall also see to it that at least on Sundays and other festival days, the children in every parish be carefully taught the rudiments of the faith and obedience toward God and their parents by those whose duty it is, and who shall be compelled thereto, if need be, even by ecclesiastical censures; any privileges and customs notwithstanding. In other respects the things decreed under Paul III concerning the office of preaching shall remain in force.[44]

CHAPTER V

MAJOR CRIMINAL CAUSES AGAINST BISHOPS SHALL BE TAKEN COGNIZANCE OF BY THE SUPREME PONTIFF ONLY, MINOR ONES BY THE PROVINCIAL SYNOD

Graver criminal causes against bishops, also that of heresy, which may God prevent, which merit deposition or deprivation, shall be taken cognizance of and decided by the Roman pontiff only.[45] But if the cause be of such a nature that it must perforce be assigned out of the Roman Curia, it shall not be committed to anyone but metropolitans or bishops to be chosen by the most holy pope. This commission shall be both special and signed by the most holy pontiff’s own hand, and he shall never grant more to them than this, that they take information only of the fact and draw up the process, which they shall transmit immediately to the Roman pontiff, the definitive sentence being reserved to His Holiness. The other things decreed elsewhere under Julius III,[46] of happy memory, concerning these matters, as also the constitution of the general council under Innocent III, which begins, “Qualiter et quando,”[47] and which the holy council renews in the present decree, shall be observed by all. But the minor criminal causes of bishops shall be taken cognizance of and decided in the provincial synod only, or by persons commissioned by the provincial synod.

CHAPTER VI

AUTHORITY IS GIVEN TO THE BISHOPS TO DISPENSE IN CASES OF IRREGULARITY AND SUSPENSION AND TO ABSOLVE FROM CRIMES

Bishops are authorized to dispense in all cases of irregularity and suspension resulting from a secret crime, except that arising from willful homicide and those arising from crimes that have found their way before a tribunal, and to absolve gratuitously, after the imposition of a salutary penance, <per se> or through a vicar especially appointed for this purpose <in foro conscientiae> in all occult cases, even those reserved to the Apostolic See, all delinquents subject to them in their diocese. The same is permitted them only, but not their vicars, in the same forum with respect to the crime of heresy.

CHAPTER VII

THE EFFICACY OF THE SACRAMENTS SHALL BE EXPLAINED BY BISHOPS AND PARISH PRIESTS BEFORE THEY ARE ADMINISTERED TO THE PEOPLE. DURING THE CELEBRATION OF THE MASS THE SACRED SCRIPTURES ARE TO BE EXPLAINED

That the faithful may approach the sacraments with greater reverence and devotion of mind, the holy council commands all bishops that not only when they are themselves about to administer them to the people, they shall first, in a manner adapted to the mental ability of those who receive them, explain their efficacy and use, but also they shall see to it that the same is done piously and prudently by every parish priest, and in the vernacular tongue, if need be and if it can be done conveniently, in accordance with the form which will be prescribed for each of the sacraments by the holy council in a catechism, which the bishops shall have faithfully translated into the language of the people and explained to the people by all parish priests. In like manner shall they explain on all festivals or solemnities during the solemnization of the mass or the celebration of the divine offices, in the vernacular tongue, the divine commands and the maxims of salvation,[48] and leaving aside useless questions, let them strive to engraft these things on the hearts of all and instruct them in the law of the Lord.

CHAPTER VIII

PUBLIC SINNERS SHALL DO PUBLIC PENANCE, UNLESS THE BISHOP SHALL DETERMINE OTHERWISE. A PENITENTIARY IS TO BE INSTITUTED IN CATHEDRALS

The Apostle admonishes that those who sin publicly are to be reproved publicly.[49] When therefore anyone has publicly and in the sight of many committed a crime by which there is no doubt that others have been offended and scandalized, it is proper that a penance commensurate with his guilt be publicly imposed on him, so that those whom he by his example has led to evil morals, he may bring back to an upright life by the evidence of his correction. The bishop, however, should he judge it advisable, may commute this kind of public penance to one that is secret. In all cathedral churches where it can be conveniently done, let the bishop appoint a penitentiary united with the prebend that shall next become vacant, who shall be a master or doctor or licentiate in theology or canon law and forty years of age, or another who may be found to be more suitable for the character of the place and who, while he is hearing confessions in the church, shall be considered as present in the choir.

CHAPTER IX

BY WHOM THOSE SECULAR CHURCHES ARE TO BE VISITED THAT BELONG TO NO DIOCESE

What has elsewhere been ordained by this council under Paul III,[50] of happy memory, and lately under our most blessed Lord Pius IV,[51] regarding the attention to be given by ordinaries to the visitation of benefices, even of those exempt, the same is to be observed also with regard to those secular churches which are said to be in no one’s diocese, namely, that they be visited by the bishop whose cathedral church is the nearest, if that is agreed upon, otherwise by him, acting as delegate of the Apostolic See, who has once been chosen for this in the provincial synod by the prelate of that place; any privileges and customs whatsoever, even though immemorial, notwithstanding.

CHAPTER X

THE EXECUTION OF THE VISITATION SHALL NOT BE IMPEDED BY THE SUBJECTS

That the bishops may be better able to keep the people whom they rule in duty and obedience, they shall in all those things that concern visitation and the correction of the morals of their subjects, have the right and authority, also as delegates of the Apostolic See, to decree, regulate, punish and execute, in accordance with the prescriptions of the canons, those things which in their prudence shall appear to them necessary for the emendation of their subjects and for the good of their dioceses. And in these matters, where it is question of visitation and correction of morals, no exemption, inhibition, appeal or complaint, even though submitted to the Apostolic See, shall in any manner whatsoever hinder or suspend the execution of those things which shall have been commanded, decreed or adjudicated by them.[52]

CHAPTER XI

HONORARY TITLES OR SPECIAL PRIVILEGES SHALL NOT DETRACT IN ANY WAY FROM THE RIGHT OF BISHOPS. THECHAPTER CUM CAPELLA, CONCERNING PRIVILEGES, IS RENEWED

Since privileges and exemptions which are granted to many persons under various titles, are known to create confusion nowadays in the jurisdiction of bishops and to give to those exempt occasion for a more unrestrained life, the holy council decrees that whenever it should be thought proper for just, weighty and apparently necessary reasons that some persons be decorated with the honorary titles of Prothonotary, Acolyte, Count Palatine, Royal Chaplain, or other such titles of distinction, whether in or out of the Roman Curia, as also others granted to any monasteries or in any manner imparted, whether assumed under the name of servants to military orders, monasteries, hospitals, colleges, or under any other title, it is to be understood that by these privileges nothing is taken away from the ordinaries whereby those persons to whom such privileges have already been granted or to whom they may be granted in the future cease to be fully subject in all things to the ordinaries as delegates of the Apostolic See; and as regards Royal Chaplains, let them be subject in accordance with the constitution of Innocent III, which begins, “Cum capella;”[53] 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 or houses and live under obedience to them, and those also who have lawfully and according to the rule of these military orders made profession, whereof the ordinary must be certified; notwithstanding any privileges whatsoever, even those of the order of St. John of Jerusalem and of other military orders. But those privileges which by virtue of the constitution of Eugene[54] they are accustomed to enjoy who reside in the Roman Curia or who are in the household of cardinals, are by no means to be understood as applying to those who hold ecclesiastical benefices in regard to those benefices, but they shall continue to be subject to the jurisdiction of the ordinaries; any inhibitions whatsoever notwithstanding.

CHAPTER XII

QUALIFICATIONS NECESSARY FOR THOSE WHO ARE TO BE PROMOTED TO THE DIGNITIES AND CANONRIES OF CATHEDRAL CHURCHES AND THE DUTIES OF THOSE SO PROMOTED

Since dignities, especially in cathedral churches, were instituted to maintain and promote ecclesiastical discipline, to the end that those who hold them might be distinguished for piety, be an example to others, and assist the bishops by their labor and service, it is but right that those who are called to them should be such as are able to perform their duty. Wherefore, in the future no one shall be promoted to any dignities whatsoever to which is annexed the <cura animarum,> who has not attained at least the twenty-fifth year of his age, is experienced in the clerical order, and is recommended by the learning necessary for the discharge of his office and the integrity of his morals, conformably to the constitution of Alexander III promulgated in the Council of the Lateran, which begins, “Cum in cunctis.”[55] In like manner archdeacons, who are called the eyes of the bishop,[56] shall in all churches where it is possible be masters in theology, or doctors or licentiates in canon law. To other dignities or offices to which no <cura animarum> is annexed, clerics, in other respects qualified, shall not be promoted unless they are twenty-two years of age. Those also who are promoted to any benefices whatever having the <cura animarum>, shall within at least two months from the day of having taken possession be bound to make in the hands of the bishop, or, if he be hindered, in the presence of his vicar-general or official, a public profession of their orthodox faith and to promise solemnly and swear that they will persevere in their 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 in the presence of the bishop or his official but also in the chapter; otherwise all those promoted as aforesaid shall not make the fruits their own, neither shall possession be of any avail to them. Furthermore, no one shall in the future be admitted to a dignity, canonry or portion unless he is either already constituted in the sacred order which that dignity, prebend or portion requires, or is of such an age as will qualify him for the reception of that order within the time prescribed by law and by this holy council.[57] In all cathedral churches all canonries and portions shall be attached to the order of the priesthood, deaconship or subdeaconship, and the bishop shall with the advice of the chapter designate and distribute, as he shall deem expedient, to which each of the sacred orders is for the future to be attached; so however that at least one half shall be priests and the rest deacons or subdeacons. But where the more laudable custom obtains that the greater part or all shall be priests, this shall by all means be observed. The holy council also exhorts that in provinces where it can be conveniently done, all dignities and at least one half of the canonries 1n cathedral and prominent collegiate churches be conferred only on masters or doctors, or also on licentiates in theology or canon law Moreover, those who hold dignities, canonries, prebends or portions in such cathedral or collegiate churches, shall not be permitted by virtue of any statute or custom to be absent from those churches more than three months of each year,[58] saving however the statutes of those churches which require a longer period of service; otherwise every offender shall for the first year be deprived of one half of the fruits which he has made his own even by reason 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 has acquired during that year, and if he should become more contumacious, he shall be proceeded against in accordance with the prescriptions of the sacred canons.[59] Those shall receive distributions who have been present at the appointed hours; the others shall, all collusion and remission being debarred, forfeit them in accordance with the decree of Boniface VIII, which begins, “Consuetudinem,”[60] and which the holy council restores to practice; any statutes or customs whatsoever notwithstanding. All shall be obliged to perform the divine offices in person and not by substitutes;[61] also to assist and serve the bishop when celebrating or exercising other pontifical functions, and in the choir instituted for psalmody, to praise the name of God reverently, distinctly and devoutly in hymns and canticles. They shall, moreover, wear at all times, both in and out of church, a becoming dress, shall abstain from unlawful hunting, fowling, dancing, taverns and games, and so excel in integrity of morals that they may with justice be called counsellors of the Church.[62] With regard to matters that pertain to the proper manner of conducting the divine offices, the proper way of singing or modulating therein, the definite rule for assembling and remaining in choir, the things necessary for those who minister in the church, and such like, the provincial synod shall prescribe for each province a fixed form that will be beneficial to and in accordance with the usage of each province. In the meantime, the bishop, with the aid of no less than two canons, one chosen by himself, the other by the chapter, may provide in these matters as he may deem expedient.

CHAPTER XIII

HOW THE POORER CATHEDRAL AND PARISH CHURCHES ARE TO BE PROVIDED FOR. PARISHES ARE TO BE SEPARATED BY DEFINITE BOUNDARIES

Since the revenues of many cathedral churches are so limited and scanty that they are in no way in keeping with the episcopal dignity and insufficient for the needs of the churches, the provincial synod, having summoned those who are concerned, shall examine and consider carefully what churches it may be advisable by reason of their limited means and poverty to unite to others in the neighborhood or to provide with additional revenues;[63] and the completed documents concerning this matter it shall send to the supreme Roman pontiff, who being informed thereby shall, as he in his prudence may deem advisable, either unite the poorly provided churches or by additional revenues improve them. In the meantime, until the aforesaid provisions are carried into effect, the supreme pontiff may from certain benefices assist those bishops who by reason of the poverty of their diocese are in need of revenues; provided, however, these benefices are not <curae> or dignities or canonries and prebends, or monasteries in which there is regular observance, or which are subject to general chapters or to certain visitors. In parochial churches also in which the revenues are in like manner so small that they are insufficient to meet the necessary obligations, the bishop, if unable to meet the exigency by a union of benefices, not however those of regulars, shall see to it that by the assignment of first fruits or tithes or by the contributions and collections of the parishioners, or in some other way that he shall deem more profitable, as much be collected as may decently suffice for the needs of the rector and the parish. In all unions, however, whether to be made for the aforesaid or other reasons, parochial churches shall not be united to any monasteries whatsoever, or to abbeys or dignities, or prebends of a cathedral or collegiate church, or to other simple benefices, hospitals or military orders, and those so united shall be investigated again by the ordinary in accordance with the decree elsewhere enacted by this council under Paul III,[64] of happy memory, which is to be observed also and in like manner with regard to unions made since that time; notwithstanding whatever forms of words used therein which shall be considered as sufficiently expressed here. Furthermore, all those cathedral churches whose revenues do not exceed in actual annual value the sum of one thousand ducats, and those parochial churches in which they do not exceed the sum of one hundred ducats, shall not in the future be burdened with taxes or reservations of revenues for this purpose. Also, in those cities and localities where the parochial churches have no definite boundaries, and whose rectors have not their own people whom they may rule but administer the sacraments indiscriminately to all who desire them, the holy council commands the bishops that, for the greater security of the salvation of the souls committed to them, they divide the people into definite and distinct parishes and assign to each its own and permanent parish priest, who can know his people and from whom alone they may licitly receive the sacraments;[65] or that they make other, more beneficial provisions as the conditions of the locality may require. They shall also see to it that the same is done as soon as possible in those cities and localities where there are no parish churches; any privileges and customs whatsoever, even though immemorial, notwithstanding.

CHAPTER XIV

NO ONE SHALL BE ADMITTED TO THE POSSESSION OF A BENEFICE OR OF DISTRIBUTIONS WHEN THE DISTRIBUTION OF THE FRUITS IS NOT APPLIED TO PIOUS PURPOSES

In many churches, cathedral as well as collegiate and parochial, it is understood to be the practice, derived either from their constitutions or from evil customs, that in the election, presentation, nomination, institution, confirmation, collation or other provision, or upon admission to the possession of a cathedral church or a benefice, of canonries or prebends, or to a portion of the revenues, or to the daily distributions, there are introduced certain conditions or deductions from the fruits, certain payments, promises, or unlawful compensations, or what in some churches is called mutual profits. Since the holy council abhors these practices, it commands the bishops that they prohibit all things of this kind that are not applied to pious purposes and such methods of entering upon offices, which create a suspicion of simoniacal taint or sordid avarice, and that they examine carefully their statutes and customs in regard to the above matter, and retaining only what they approve as laudable, reject and abolish the rest as corrupt and scandalous. It also ordains that those who in any way act in contravention of what is contained in the present decree incur the penalties prescribed against simoniacs by the sacred canons and various constitutions of the supreme pontiffs,[66] all of which it renews; notwithstanding any statutes, constitutions and customs, even though immemorial and confirmed by Apostolic authority, in regard to which any deceit, fraud and defect of intention may be investigated by the bishop as delegate of the Apostolic See.

CHAPTER XV

METHOD OF INCREASING THE SCANTY PREBENDS OF CATHEDRAL AND PROMINENT COLLEGIATE CHURCHES

In cathedral and prominent collegiate churches where the prebends are numerous and in relation to the daily distributions so small that they do not suffice for the decent maintenance of the rank of the canons in keeping with the character of the place and persons,[67] the bishops may with the consent of the chapter combine them with some simple benefices, not however with those of regulars, or, if in this way it cannot be done, they may, with the consent of the patrons if the right of patronage belongs to laymen, reduce their number by suppressing some of them and apply the fruits and proceeds to the daily distributions of the remaining prebends; so however, that such a number remain as may conveniently serve for the celebration of divine service and be in keeping with the dignity of the church;[68] any statutes and privileges, or any reservation whether general or special, or any expectation notwithstanding. The aforesaid unions or suppressions shall not be frustrated or hindered by any provisions whatsoever, not even by virtue of resignation or any other derogations or suspensions.

CHAPTER XVI

WHAT DUTY DEVOLVES UPON THECHAPTER DURING THE VACANCY OF A SEE

When a see becomes vacant, the chapter shall, in those places where the duty of receiving the revenues devolves upon it, appoint one or more trustworthy and diligent stewards who shall take care of the ecclesiastical properties and revenues, of which they shall have to give an account to him whom it will concern. It shall also be strictly bound to appoint within eight days after the death of the bishop an official or vicar, or to confirm the incumbent, who shall be at least a doctor or licentiate in canon law, or otherwise as competent a person as is available. In case this is not done, the aforesaid appointment shall devolve upon the metropolitan.[69] But if the church is a metropolitan one or one exempt and the chapter should prove negligent as was said above, then the oldest suffragan bishop in the metropolitan church and the bishop nearest the exempt church shall have the authority to appoint a competent steward and vicar. The bishop who is promoted to the vacant church shall with regard to the matters that pertain to him demand from the steward, vicar and all other officials and administrators who were during the vacancy of the see appointed in his place by the chapter or others, even though they are members of the same chapter, an account of their office, jurisdiction, administration or any other functions, and he shall have the authority to punish those who have been delinquent in their office or administration, even if the aforesaid officials, having turned in their accounts, should have obtained from the chapter or those delegated by it a quittance or discharge. The chapter shall also be bound to render to the bishop an account of documents belonging to the church, if any have come into its possession.

CHAPTER XVII

THE CONFERRING OF SEVERAL BENEFICES ON AND THEIR RETENTION BY ONE PERSON IS RESTRICTED

Since ecclesiastical order is upset when one cleric holds the offices of several, the sacred canons have piously provided that no one ought to be enrolled in two churches.[70] But since many, led by the passion of ungodly covetousness, deceiving themselves, not God, are not ashamed to evade by various species of deceit what has been beneficially established and to hold several benefices at the same time, the holy council, desiring to restore discipline in the government of the churches, by the present decree, which it commands to be observed by all persons by whatever title distinguished, even though it be the dignity of the cardinalate, ordains that in the future one ecclesiastical benefice only shall be conferred on a person. If that is not sufficient to provide him on whom it is conferred with a decent livelihood, then it is permissible to confer on him another simple benefice that will afford a sufficiency, provided both do not require personal residence. These provisions shall apply not only to cathedral churches but also to all other benefices, whether secular or regular, even those held in <commendam>, of whatever title or character they may be. Those who now hold several parochial churches, or one cathedral and one parochial church, shall be strictly bound, all dispensations and unions for life notwithstanding, retaining one parochial church only, or the cathedral church only, to resign the other parochial churches within a period of six months;[71] otherwise the parochial churches and also all the benefices which they hold shall be considered <ipso jure> vacant and as such shall be freely conferred on other competent persons;[72] neither can those who previously held them retain conscientiously the fruits after the time specified. The holy council desires, however, that provision be made in some convenient way, as the supreme pontiff may see fit, for the necessities of those who resign.

CHAPTER XVIII

ON THE VACANCY OF A PAROCHIAL CHURCH THE BISHOP SHALL APPOINT THERETO A VICAR UNTIL HE HAS PROVIDED A PARISH PRIEST. IN WHAT MANNER AND BY WHOM THOSE APPOINTED TO PAROCHIAL CHURCHES ARE TO BE EXAMINED (Source: Council Of Trent)