The canons and decrees of the Council of Trent celebrated under Paul III, Julius III, and Pius IV, Bishops of Rome / faithfully translated into English.

The Decree concerning Reformation.

THE said most Holy Synod, prosecuting the business of Reformation, De∣crees that these following Matters be determined and ordered in the present Session.

CHAP. I.

IF in some degrees or Offices of the Church a provident and watchful Care is to be taken, that nothing be disorderly or preposterous in the House of God, how much more must we labour and study, that no Error be com∣mitted in the Choice and Election of him, who is constituted the Head over all degrees. For the state and order of the whole Family of the Lord will droop and totter, if the Head doth not supply that which is required of the Body. Whereupon, althô the Holy Synod hath at other times decreed some things advantageous and profitable for those that are to be advanced to Ca∣thedral and Superior Churches: Yet it judgeth this Office and Charge to be of so considerable a nature, that when it weigheth the Greatness of the matter in the Balance of a due Consideration, no Care can seem sufficient, or Cau∣tion too great for the same. Wherefore it ordains, That assoon as any Church shall be vacant, Supplications and Prayers shall be publickly and privately made, and shall be enjoyned by the Chapter throughout the City and Diocess, by which the Clergy and People may be enabled to beg and implore God for a good and able Pastor. But exhorts and admonisheth all and every the persons, who have any Right, upon any account from the Apostolick See, to the Promoting of the superior Clergy, or otherwise shall assist and help the same, having no desire for innovations or adapting things to the present state of the times, That they first and chiefly remember, that they can do or act nothing more conducing to God's Glory, and the Welfare and Salvation of the People, than that they study to promote good Pastors, and those that are fit and proper for the Government of the Church; and that they, communicating with the sins of others, do mortally sin, if they do not use all diligence to prefer those they shall judge more worthy and profitable for the Church, not guided by Intreaties, or humane Affections, or the suggestions of Pretenders or Flatterers, but by

their own Demerits; who are likewise born of lawful Matrimony, and whom they know deserving both for Life, Age, and Doctrine, and endowed with such other qualifications, which are required by the Holy Canons, and the De∣crees of this Council of Trent: And because in taking the grave and fit testimo∣ny of good and learned Men, concerning all the aforesaid qualities, an uni∣form method cannot be used, in all places, by reason of the Variety of Nations, People, Customs and Manners; the Holy Synod commands, That in a Provin∣cial Synod, to be holden by the Metropolitan, a certain proper Form be pre∣scribed to some Places and Provinces, for making Examinations, Inquisitions, or Instructions, to be approved and allowed of by the judgment of his Holiness the Pope of Rome, which shall seem most profitable, fit and suitable for the said places: With this Proviso nevertheless, That immediately after such Examina∣tion and Inquisition of the person so to be promoted, shall be made and ended; the said Examens shall be reduced into a publick Instrument or Evidence, toge∣ther with the whole Testimony and Profession of Faith made by such person, to be transmitted with all possible dispatch to his Holiness the Pope of Rome; that he the said Pope, having a full knowledge and understanding of the Business and Persons, may the better and more advantageously provide for those Churches, for the good and benefit of the Lord's Flock, if by such Examination and Inquisition made they shall be found fit. Moreover, all Inquisitions, Infor∣mations, Testimonies, and Approbations whatsoever of, or concerning the Qualities of the person to be promoted, by whomsoever, thô in the Court of Rome it self, had or made, shall, by the Cardinal, who shall propose and re∣port the same in Consistory, and three other Cardinals, be diligently and care∣fully examined: and the said Report or Proposal shall be strengthned and cor∣roborated by the subscription of the Cardinal (the Reporter) and the other three Cardinals: Wherein every one of the said four Cardinals shall affirm, That they find by a diligent and accurate Enquiry, that the persons to be promoted, are endued with those Qualifications, required by the Law, and this Holy Sy∣nod; and do really judge, upon peril of Everlasting Salvation, such persons absolutely fit to be preferred to those Churches. So that the Report being made in one Consistory, to the end that the said Inquisition may the sooner be known, the judgment thereof may be referred to another Consistory; unless his Holiness shall think otherwise convenient. And the said Synod Decrees, That all and singular other things which are required for the Life, Age, Do∣ctrine, and other the Qualifications otherwise appointed in this Holy Synod, of Bishops to be promoted, shall be still observed, in the creation of Cardinals of the Church of Rome, thô but Deacons; whom his Holiness the Pope shall as∣sume out of all Nations of Christendom, as far as conveniently he may, and as he shall think them fit. Lastly, the said most Holy Synod, moved by the great Inconveniences of the Church, cannot but remember, That nothing is more necessary for the Church of God, than that his Holiness, according as he is in Duty bound in his Care of the Universal Church, do most especially employ his utmost Circumspection in the assuming and creating to himself Cardi∣nals; and that he prefer and place fit and good Pastors over every Church; and the rather because our Lord Jesus Christ will require the Blood of his

Flock, which shall perish by their Negligence and evil Government, at the hands of his Pastors.

CHAP. II.

PRovincial Councils, if in any places omitted, shall be renewed, for the Go∣verning Manners, correcting Excesses, composing Controversies, and other things permitted and granted by the Holy Canons. Wherefore the Metropo∣litans, by themselves, or they being lawfully hindred, the most ancient Suf∣fragan, shall not omit to assemble and call a Synod in their Province, within one Year at least after the ending of this present Council, and afterwards eve∣ry Three Years at the least, after the Octaves of Easter, or upon some other more convenient time, according to the Custom of the Province: wherein all Bishops and others, who of Right or Custom ought to be present, (excepting those that cannot transfer themselves thither but with danger and hazard) shall be obliged to Convene and Assemble. Nor shall the Bishops of one and the same Province, upon pretence of any Custom or Usage be compell'd and forced for the future to go to their Metropolitan Church. And in like manner the Bi∣shops, who are under the jurisdiction of no Archbishop, may elect any neigh∣bouring Metropolitan, in whose Provincial Synod they ought to be present with others, and observe and cause to be observed those things which shall be there∣in ordained: Their Exemptions and Privileges in all other things remaining firm and inviolable. Diocesan Synods also shall be celebrated every year; un∣to which all the Exempt, who, notwithstanding such their Exemption, ought otherwise to be present, nor are subject to General Chapters, shall be obliged to come. Nevertheless, in regard of those Parish and other secular Churches, annexed, they (viz. the said Chapters) who have the care of them, whoever they are, shall, and ought to assist and be present at the Synod. But if both the Metropolitans and the Bishops, and others above mentioned shall be negligent and remiss in these matters; they shall incur these Penalties and Punishments, which are established in the holy Canons.

CHAP. III.

PAtriarchs, Primates, Metropolitans, and Bishops, shall not omit or neg∣lect to visit their own respective Diocesses by themselves, or (if they shall be lawfully hindred) by their Vicar General or Visitor; and if they are not able to visit a whole Diocess, by reason of its Largeness and Extent, yet at least the greater part of it every Year; so that in two Years at least the whole may be visited either by themselves or their Visitors. Metropolitans shall not visit the Cathedral Churches, nor the Diocesses of their Suffragans, thô they have made a full Visitation of their own respective Diocesses, except it be for a Cause known and approved in the Provincial Council. Archdeacons also and Deacons and other Inferiors shall henceforth visit those Churches, where they have been hitherto accustom∣ed lawfully to make such Visitation, by themselves alone in person, taking with them a Notary, by the consent of the Bishop. The Visitors also, to be depu∣ted

by the Chapter, where the Chapter hath right of Visiting, shall be first approved of by the Bishop: But the Bishop, or, himself being otherwise hin∣dred, his Visitor, shall not be restrained or kept from visiting the same Churches again, after them: To whom they, the said Archdeacons, or their Inferiors, shall be obliged to give an account, within a Month, of their Visitation made, and exhibite the Depositions of Witnesses, and all and every the Acts and Things by them done: Any Custom, thô time out of mind, Exemptions and Privileges whatsoever to the contrary notwithstanding. However the princi∣pal scope and main intent of the said Visitation shall be, to perswade and in∣troduce, by driving out Heresies, the true, sound, and Catholick Doctrine; to maintain and keep up good Manners, and to amend the bad; and by their Ex∣hortations and Admonitions to enflame and quicken the desires of the People after Religion, Peace, and Innocency of Life; and to constitute and ordain other things as the place, time and opportunity shall serve, and as in the Wis∣dom and Prudence of the Visitors shall be thought convenient for the good and benefit of the Faithful. Which that they may the more easily and happily succeed in, all and every the aforesaid persons shall be admonished, That they embrace all Men with a paternal Charity and Love, and a true Christian Zeal, and therefore that they take care to dispatch their Visitations (yet with a due Reverence and Veneration) with all possible speed, being contented with a modest Equipage and Train. And in the mean while shall be careful, that they be not burthensome and grievous to any for unnecessary Charges; nor shall they or any of theirs, take any thing for Solliciting or Visiting, thô of Wills for pious uses, over and besides that which of right is due out of holy Relicks or Requests, or in any other respect; nor shall receive any money or reward whatsoever, in what manner soever offered: Any Custom, thô time out of mind, to the contrary notwithstanding. Excepting nevertheless the fru∣gal and moderate Diet which shall be given to them and theirs, according as the necessity of the time shall require, and no farther. However let it be in the choice of those that are visited, whether they had rather pay that they were formerly accustomed to pay, by a certain Assessment or Tax of Money, or to give the aforesaid Diet; excepting likewise the Right of ancient Con∣vents, with Monasteries or other holy Places, or Churches not Parochial, which shall remain inviolate and untoucht. But in those places, or Provin∣ces, where there is a Custom, that the Visitors do receive neither Diet nor Money, nor any thing else, but all things are done gratis; such Custom shall be still there observed. But if any one shall presume (which God forbid) to take any thing more in all the abovesaid Cases; he shall, besides a double Re∣stitution, to be made within a Month, be punished not only with all those penalties and punishments according to the constitution of the General Council of Lions, which begins, Exigit: but also with all those other punishments as shall be inflicted in a Provincial Synod, at the pleasure of such Synod, without any hope of Pardon. Patrons also shall not in any wise presume to meddle with those things which concern the Administration of Sacraments, or of the Visitation of the Ornaments of the Church, or immoveable Goods, or the Rents of Houses, except that it belongs to them by Institution, or by right of

the Foundation. But the Bishops themselves shall do these things, and take care that the Rents of Houses be laid out and expended for the necessary and profitable uses of the Church, as to them it shall seem most meet.

CHAP. IV.

THE Holy Synod desiring the Office and Function of Preaching, which is chiefly incumbent upon Bishops, may the more frequently be exercised for the welfare and Salvation of the Faithful, by accommodating those other Canons for this cause set forth and published by Pope Paul the Third, of blessed Memory, to the use of these present times; commands, That they, the Bishops, shall Preach the holy Scriptures, and declare the Law of God, in their own Churches by themselves in person, or (if lawfully hindred) by those whom they shall assume and admit into the Office of Preaching; but in other Churches by the Parish Priests, or if these be otherwise hindred, by o∣thers to be deputed by the Bishop, at their charges who are obliged or are wont to do so either in the City or in what part soever of the Diocess they shall judge fit, at least every Lord's Day, and on solemn Festivals or Holy-Days, but on Fast Days, Advent, and Lent every Day, or at least thrice a Week, if they shall think needful, or otherwise as often as they shall judge may opportunely and seasonably be done. And the Bishop shall admonish the People, that every one go to their own Parish Church, where that may be con∣veniently done, to hear the Word of God. But no Secular or Regular shall presume to Preach, nay not in the Churches of their own Orders, against the Bishop's will and leave. And the said Bishops shall likewise take care, That at least on Sundays, and other Festival days, the Children in every Pa∣rish be diligently taught by those whose Duty it is, the Rudiments or first Prin∣ciples of Faith, and Obedience towards God and their Parents; and, if need be, may compel them hereunto by Ecclesiastical Censures: Notwithstanding any Privileges and Customs. As for the rest, those things that were Decreed by Paul the Third concerning the Office and Charge of Preaching, shall remain in their full strength and virtue.

CHAP. V.

CRiminal Causes, that be of great weight, against Bishops, thô of Heresie (which God forbid) that deserve either Deposing or Privation, shall be judged and determined by the Pope only. But if a cause be of that nature, that it must be necessarily committed to any out of the Court of Rome; it shall be committed to none but to the Metropolitans, or to Bishops, Elected by his Holiness the Pope. But this Commission shall be Special, and Signed by the Pope's own Hand: nor shall this at any time give them any further Power, than to take Information only of the Matter of Fact, and make their Process, which they shall immediately transmit to the Pope, reserving the definitive Sentence to his Holiness. All other Decrees hereupon made by Julius the Third, (of blessed Memory) as also the Constitution of Pope Innocent the Third in a Ge∣neral

Council, which begins, Qualiter & quando, which this holy Synod at pre∣sent renews, shall be observed by all. But lesser Criminal Causes of Bishops, shall be judged and determined in the Provincial Council, or by Judges deputed by the said Provincial Council.

CHAP. VI.

IT may and shall be lawful for Bishops to dispense with all their Subjects in all their Irregularities and Suspensions, arising from any secret Offence, except for Wilful Murther; and other things brought to the Court to be controverted; and in any secret cases whatsoever; thô reserved to the Apostolick See, freely to Absolve Delinquents, in the Court of Conscience, in their Diocesses, ei∣ther by themselves or their Vicars, especially deputed for that purpose; having imposed a wholesome and just Penance. And the same shall be permitted, even in the Crime of Heresie, in the said Court of Conscience, to the Bishops alone, but not to their Vicars.

CHAP. VII.

TO the end that the faithful People may come to receive the Sacraments with greater Reverence, and Devotion of Mind; the holy Synod com∣mands all Bishops; That seeing they are to be administred to the People by themselves in person, they do not only first explain and expound the Power, Virtue and Use of the said Sacraments, according to the Capacity and Under∣standing of the Receivers; but also, shall see that the same be by every Parish Priest piously and prudently observed, even in the Vulgar Tongue, if need be, and that it may conveniently be done; according to the Form which the holy Synod shall prescribe on every Sacrament, in a Catechism; which the Bishops shall cause to be faithfully translated into the Vulgar Tongue, and to be Expoun∣ded to the People by the Parish Priests. And also, that at the times of solem∣nizing Mass, or celebrating Divine Services, they shall expound some holy Sen∣tences, and Admonitions of Salvation in the said Vulgar Tongue, on every Festi∣val or Solemn Day, and study to implant the same in the hearts of all, and laying aside all vain and unprofitable Questions, to instruct them in the Law of God.

CHAP. VIII.

THE Apostle adviseth, That publick Offenders are to be openly punished. Seeing therefore it is not to be doubted, but that some have committed Crimes and Offences publickly, and before the faces of many, whereby others have been offended and scandalized; it is necessary and requisite that publick condign Pe∣nance be enjoined such Offenders according to the measure of the Offence, to the end that by such Testimony and Evidence of his Amendment he may bring back and recal unto a good and vertuous Life, those whom by his Example he had enticed and allured into a vicious and debauch'd Conversation and Manners. However, the Bishop may and shall have power to change this publick kind of

Penance into a secret one, when he shall judge expedient and fit. Moreover, in all Cathedral Churches, where it may handsomly and conveniently be done some Penitentiary with the Union of a Prebendary which shall be next vacant, shall be appointed by the Bishop; which said Penitentiary shall be a Master, Doctor, or Licentiate in Divinity, or the Canon Law, and of the Age of Forty Years, or otherwise found fit according to the Quality of the Place; who while he shall hear Confessions in the Church, shall in the mean time be reckon∣ed and judged as present in the Choire.

CHAP. IX.

THose Decrees whatsoever, which were made and ordained in the Council held under Pope Paul the Third, (of blessed Memory) and of late under our most holy Lord, Pius the Fourth, concerning the diligent care is to be used by Ordinaries in their Visitation of Benefices, thô exempt; the same shall be observed in all secular Churches, which are not of any Diocess; to the end they may be visited by the Bishop, whose Cathedral Church is next adjacent, if it may be, otherwise by him who hath once before been elected in the Pro∣vincial Synod by the Prelate of that place, as Delegate of the Apostolick See: Any Privileges and Customs whatsoever, thô time out of mind, to the contra∣ry notwithstanding.

CHAP. X.

BIshops as Delegates of the Apostolick See, for the better keeping the People under their Rule and Jurisdiction, in their Duty and Obedience, in all those matters and things which belong to the Visitation and Correction of the Manners of their Subjects, may and shall have Right, Power and Authority, of ordaining, moderating, punishing and executing, pursuant to the Sanctions of the Canons, all and singular the things which according to their Prudence they shall judge necessary for the Amendment of their Subjects, and the Utility and Benefit of their respective Diocesses: Nor shall any Exemption, Inhibition, Appeal or Complaint, thô made to the Apostolick See, hinder or in any wise suspend the Execution of those things which shall by the said Bishops be com∣manded, decreed or adjudged in or about those matters, which relate to such Visitations and Correction of Manners.

CHAP. XI.

SEeing that those Privileges and Exemptions, which are granted to very ma∣ny under various and different Titles, are known and observed at this day to raise a disturbance in the Jurisdictions of Bishops, and give occasion to the Exempt to lead more loose and dissolute Lives; the holy Synod decrees, That if at any time, upon just, weighty, and as it were necessary Causes, any per∣sons shall be dignified with, and advanced to, the honorary Titles of Proto∣notaries, Acolytes, (or Sub-Deacons) Count Palatines, King's Chaplains, or

any other such like Marks of Honour, in the Court of Rome, or without; as likewise any other persons that are Oblated, (i. e. Maimed Souldiers) maintain∣ed by, or others in any wise devoted to any Monastery, or that may be under∣stood and taken by and under the Name of Servants in War, Monasteries, Hos∣pitals, Colleges, or by any other Title whatsoever: Nothing notwithstanding shall be reputed and understood to be detracted or diminished from those Pri∣vileges of Ordinaries, whereby the above-mentioned persons should be less sub∣ject to the said Ordinaries, in those things which the said Synod now hath granted, or hereafter shall grant to them, as Delegates of the Apostolick See, amply and fully in all things, and as to King's Chaplains, according to the Con∣stitution of Innocent the Third, which begins, Cum Capellae: Excepting never∣theless those persons which actually serve in the aforesaid places, or in War, and do reside within their Verge, and in their Houses, or do live under their Obedience; or those that do lawfully and according to its Rules, make pro∣fession of the Souldiery, concerning which an Affidavit or Certificate must be made to the Ordinary. Notwithstanding any Privileges, thô of the Religion of St. John of Jerusalem, or of any other Military Employment whatsoever. But those Privileges which usually belong to those that reside in the Court of Rome, by virtue of the Constitution of Eugenius, or of being the menial Ser∣vants of Cardinals; the said Exemptions shall not be understood to extend to those who have gotten Ecclesiastical Benefices, for or by reason of such Benefices; but they shall be and remain subject to the Jurisdiction of the Ordinary: Not∣withstanding any Inhibitions whatsoever.

CHAP. XII.

WHereas Dignities, especially in Cathedral Churches, have been instituted and appointed for the preserving and increasing Ecclesiastical Disci∣pline; to the end that those who are preferred and obtain the saene, may ex∣cel in Piety, and be exemplary for their Sanctity to others, and may aid and assist the Bishops in their Labour and Office; such persons as are called to the said Dignities, shall and ought to be such, as deserve very well, and may be answerable and fit for their Function and Charge. Let none therefore be henceforth promoted to any Dignities whatsoever, which have the Cure of Souls, unless they shall have arrived to the Age of Twenty five Years at least, and having been a Clerk, shall be commended both for Learning necessary for the executing his Office, and also for Integrity of Life and Conversation, according to the Constitution of Alexander the Third, published in the Council of Late∣ran, which begins, Cum in cunctis. Archdeacons also, who are called the Eyes of the Bishop, shall in all Churches, where it may be, be Masters in Divi∣nity, or Doctors, or Licentiates in the Canon Law. But unto those other Dignities or Parsonages, that are without Cure of Souls, Clerks that are other∣wise qualified and able, and not under the Age of Two and twenty Years, shall be chosen and preferred. Moreover they shall take care that those that are promoted to any Benefices whatsoever, with Cure, shall be bound to make a publick profession of their Orthodox Faith, within two Months at least after

the day of their taking possessions, before the Bishop himself, or if he be hin∣dred, before his Vicar General, or Official; and shall promise and swear that they will continue under the Obedience of the Church of Rome: And they shall also see, that those who are advanced to Canonries and Dignities in Cathe∣dral Churches, be obliged to do the same, not only before the Bishop, or his Official, but also in the Chapter: Otherwise all those persons advanced as afore∣said, shall not enjoy their Incomes, nor shall Possession be voted or warranted to them. Nor from henceforth shall any be received to any Dignity, Canonry, or Portion, except he shall have been initiated in that holy Order, which that Dignity, Prebend or Portion doth require; or be of such Age as that he may be initiated within the time limited and appointed by Law, and this holy Sy∣nod. And in all Cathedral Churches, all the Canons and Portionaries shall be also of the Order of Priests, Deacons and Sub-deacons. But the Bishop, with the Advice of the Chapter may assign and distribute, as he shall judge fit, how many and whom there ought henceforth to be of every Order: yet so, that one half at least shall be Priests, and the rest Deacons or Sub-deacons. However where there is a more laudable Custom or Usuage, that the greatest part, or all be Priests, let it be wholly observed. Moreover the holy Synod exhorts, That in those Provinces where it may conveniently be done, all Dignities, or at least half the Canonries in the Cathedral and famous Collegiate Churches, may be conferred only on Masters, or Doctors, or Licentiates in Divinity, or the Canon Law. Furthermore, It shall not be lawful for any that have gotten any Dignities, Canonries, Prebends or Portions in the said Cathedral or Col∣legiate Churches by virtue of any Statute or Custom, to be absent from their respective Churches, above three Months in the Year: Excepting and reser∣ving nevertheless the Customs of those Churches, which require a longer time of Service and Attendance: Otherwise every one of them respectively shall for the first Year be deprived of half their Incomes, which by reason of any Prebend and Residence they enjoyed: And if by Negligence any of them com∣mit the same again, they shall be deprived of all the Incomes, which ac∣crued to them that Year; and upon their growing still obstinate and contu∣macious, shall be proceeded against according to the Constitutions of the holy Canons. Such as shall be present at their appointed times and hours, may re∣ceive the daily Distributions; and the rest, without any Collusion or Remission, shall have none, according to the Decree of Boniface the Eighth, which be∣gins, Consuetudinem: which the holy Synod brings into use again, notwith∣standing any Statutes or Customs whatsoever. Every one likewise shall be compelled to perform divine Offices by themselves in person, and not by Sub∣stitutes; and to assist and serve the Bishop when he celebrates or exercises any Pontifical Services, and reverently, distinctly, and devoutly to laud and praise the Name of God, with Hymns and Spiritual Songs, in the Choire, being the place appointed and set apart for that purpose. Moreover they shall daily wear a decent and becoming Habit, as well in the Church as without; and ab∣stain from all unlawful Huntings, Fowlings, Balls, Taverns, and Gamings, and be eminent for their Integrity of Conversation and Manners, that they may deservedly be called the Senate of the Church. As for those other things

which belong to and regard a due Government in Holy and Divine Offices, and for a congruous and suitable Method of Singing and Ordering the Notes in the said Offices, for a certain Rule and Law for coming together and re∣maining in the Choire, as likewise concerning all the Ministers of the Church, and whatever else shall be necessary in these or any other respects; the Provin∣cial Synod may and shall prescribe to every one a certain Form, according to the Advantage and Profit, Manners or Customs of every respective Province. But in the mean time, the Bishop, with two Canons at least, whereof the one shall be elected by the Bishop, and the other by the Chapter, may provide and take care for such other things, as shall be judged requisite and expedient.

CHAP. XIII.

BEcause many Cathedral Churches are of so slender and poor Revenue, that they in no wise correspond with the Dignity of a Bishop, nor are sufficient to satisfie the Necessities and Exigences of the Churches; the Provincial Council shall summon those together that are concerned, and examine and diligently consider what Churches it would be expedient, by reason of their Poverty and Meanness, to unite to the neighbouring Churches, or augment with new In∣comes; and having drawn up certain Instruments, wherein the premises are stated, shall send them to his Holiness the Pope; whereby the Pope being in∣structed and informed, may, according to his Wisdom, and as he shall judge expedient, unite the poor Churches together, or by some additional Income augment and increase their Revenues. But in the interim, until the matters aforesaid be effectually brought to pass, the Pope may make provision for such Bishops, who stand in need of the Relief of some Revenues, by reason of the Poverty of their respective Diocesses, out of any Benefices, so that they be not Cures, nor Dignities, Canonries, or Prebends, nor Monasteries, that are Re∣gular, or which are subject to General Chapters, and certain Visitors. In Pa∣rish Churches also, whose Incomes are so exceeding small, that they are not able to defray their necessary Charges, the Bishop shall take care, if by the Union of Benefices, not Regular, it cannot be done, that either by Assignation of First-Fruits, or Tythes, or by Contributions and Collections of the Parish∣ioners, or by any other way or means he shall think more convenient so much may be gathered together as may competently and handsomly supply the Necessi∣ty of the Rector, and his parish. But in all and every Unions, whether for the aforesaid or other Causes to be made, Parish Churches shall not be united to any Monasteries, Abbeys, or Dignities, or Prebends of any Cathedral or Collegi∣ate Church, or to any simple Benefices, Hospitals, or Religious Orders of Soul∣diers, and those that are united, shall be reviewed by the Ordinaries, ac∣cording to a Decree formerly made in the said Synod, under Paul the Third, of happy Memory, which also in Unions from that time forward shall be justly observed: Notwithstanding any forms of Words whatsoever in them used, and which in these presents may not be sufficiently expressed. Moreover, all and singular the Cathedral Churches, whose Revenues exceed not the summ of One thousand Ducats, and the Parish Churches the summ of a hundred Ducats,

according to the true yearly value, shall not hereafter be burthened with any Pensions or Reservations of Fruits. Also in those Cities and places, where the Parish Churches have no certain Confines, or Bounds, nor the Rectors of them any proper people to govern, but do promiscuously and indifferently administer the Sacraments to those that desire them; the Holy Synod commands the Bishops, That for the more safe and sure Salvation of the Souls commit∣ted to their charge, having distinguished and confined the People into their certain and proper Parishes, they shall assign and appoint to each of them, their perpetual and peculiar Parish Priests, who may take cognizance of them, and from whom alone they shall receive the Sacraments; or they shall provide for them in a more advantageous manner, as the quality of the place shall re∣quire. And in those Cities and places, where there are no Parishes, they shall take care that some be erected, as fast as possibly may be: Any Privileges and Customs whatsoever, thô time out of mind, to the contrary notwithstanding.

CHAP. XIV.

IT is observable, in many Churches, as well Cathedral as Collegiate and Parochial, through their Constitutions, or by some wicked Custom, That in the Election, Presentation, Nomination, Institution, Confirmation, Colla∣tion, or other Provision or Admission unto the Possession of any Cathedral Church or Benefice, of Canonries or Prebends; either part of the Revenues, or certain Conditions for daily Distributions, or Deductions of Fruits, Pay∣ments, Promises, or unlawful Compensations and Requitals, or even those things which in some Churches are called Turnorum Lucra, are introdu∣ced and demanded. The holy Synod detesting and abhoring those practices commands the Bishops, That they suffer not to be done any things of this na∣ture, which are not converted into pious uses; but the persons who shall usurp such practices, shall be declared guilty of the Sin of Simony, and sordid Avarice. And the said Bishops shall take all diligent Cognizance of their Constitutions or Customs aforesaid, touching the same, and excepting those only, which they shall approve as laudible, they shall reject and abolish the rest as scandalous and depraved. And those persons, who shall upon any account commit any thing contrary to the Contents of this present Decree; the holy Synod orders and apppoints, That those Penalties and Punishments be inflicted on them, that are set forth against Simoniacal Offenders, in the holy Canons, and sundry Constitutions of Popes; all which it renews: Notwithstanding any Statutes, Constitutions and Customs whatsoever, thô time out of mind, and confirmed by the Apostolical Authority: Of whose cunning Subreption, craf∣ty Procurement, and defect of Intention, the Bishop, as Delegate of the Apo∣stolick See, may take cognizance.

CHAP. XV.

IN Cathedral and famous Collegiate Churches, where the Prebends and daily Contributions are so ordinary and small, that they are not sufficient for the supporting and maintaining a decent Degree of Canons according to the quali∣ty of the place and persons; it may and shall be lawful for the Bishops, together with the consent of the Chapter, to unite to them some simple Benefices, not Regular; or, if by this means they cannot be provided for, they may by sup∣pressing some of them (with the consent of the Patrons, if they are under the Patronage of Lay-men) whose Incomes and Revenues shall be applied to the daily Distributions of the rest of the Prebends, reduce the said simple Benefices to a smaller number: Yet so, that so much remain, as may handsomly serve for the celebrating divine Worship, and be suitable to the Dignity of the Church: Notwithstanding any Constitutions and Privileges, or any general or special Reservation or Affection whatsoever. Nor may the aforesaid Unions or Suppressions be taken away or hindred by any Provisions, thô by vertue of any Resignation, or any other Derogations or Suspensions whatsoever.

CHAP. XVI.

THE Chapter, when the Episcopal See is vacant, where the charge of the receiving the Incomes is lodged in them, may elect one or more faithful and diligent Oeconomichs, (i. e. Stewards of the Houshold) who may manage the Care of Ecclesiastical Affairs and Revenues, of which they shall give an account to him to whom it shall appertain. Also the said Chapter shall be strictly ob∣liged to constitute, or being already appointed, to confirm, within eight days after the death of the Bishop, an Officiate, or Vicar, who shall be at least a Doctor, or Licentiate in the Canon Law, as far as may be in other respects sit and able: If it shall otherwise be done, such Deputation shall devolve to the Me∣tropolitan. And if the said Church, whether Metropolitan or Exempt, and the Chapter, as aforesaid, shall be negligent; then the elder Bishop of the Suf∣fragans in the Metropolitan, and the next Bishop in the Exempt, may consti∣tute a fit Oeconomick, and Vicar. And the Bishop promoted to the said Vacant Church, may require an account of those things which belong to and concern him, from the said Oeconomick and Vicar, and any other Officials and Admi∣nistrators whatsoever, who were appointed, upon the Vacancy of the See, by the Chapter, or by others in their stead (although they shall be Members of the said Chapter) of their Offices, Jurisdiction, Administration, or any other their Charge whatsoever; and may punish them for having offended or done amiss in their Office or Administration; although the aforesaid Officials, having given their Accounts, have obtained a Discharge and Release from the Chapter, or the Deputies of the same. The Chapter also shall be bound to give an Account to the said Bishop of the Writings belonging to the Church, if any have come to the Chapters hands.

CHAP. XVII.

SEeing Ecclesiastical Order is perverted, when one Clerk doth occupy and possess the Offices of many, it hath been piously provided in the holy Ca∣nons, That no one person ought to be entitled and admitted into Two Churches: And because there are many, who, led by wicked Desires and Af∣fections, deceiving themselves, not God, are not ashamed to elude and shift off by divers subtle Arts those things which were well and happily constituted, and to obtain many Benefices together at once: The holy Synod, desiring to re∣store a due and orderly Discipline in the Government of Churches, doth, by this present Decree (which it commands to be observed by all persons whatso∣ever, by what Title or Dignity soever they are distinguished, thô Cardinals) ordain and appoint, That from henceforth one Ecclesiastical Benefice only shall be conferred on one person: To which, if it be not sufficient for a com∣petent and honest Maintenance for him on whom it is so conferred, one other simple Benefice may be also added; so that they do not both require per∣sonal Residence. And these things shall be understood to appertain not only to Cathedral Churches, but also to all other Benefices whatsoever, as well Regu∣lar as Secular, of what Title or Quality soever they be, thô in Commenda. And those who now have more Parish Churches than one, or have one Cathe∣dral, and another Parish Church; they shall be compelled, notwithstanding any Dispensations and Unions for Life whatsoever, to retain and hold one Ca∣thedral, or one Parish Church only, and to leave and quit the rest within the space of six Months; otherwise, as well the Parish Churches, as all other the Benefices which they have, shall be accounted (ipso jure) void, and as void may be freely conferred on other fit persons; nor may those that have for∣merly obtained those Benefices, with a safe Conscience retain and keep the In∣comes or Fruits after the said Time. However the holy Synod desires, That some Provision may be made for supplying the Necessities of those that do re∣sign in some convenient manner, as to the Pope it shall seem best.

CHAP. XVIII.

IT is highly expedient, for the Salvation of Souls, that they be governed and guided by worthy and able Parish Priests. And to the end this may be carefully and rightly performed, the holy Synod ordains and appoints, That when a Vacancy of a Parish Church (although the Care of the Church may be said to be incumbent on the Bishop, and may be governed by one or more, even in Patrimonial Churches, or that are called Receptive Churches, wherein the Bishop hath been wont to give the Cure of Souls to One or Many, all which persons the Synod commands be obliged to the following Trial and Examinati∣on) shall, by Death, or Resignation happen, either in the Court, or otherwise howsoever, although the said Parish Church be generally or specially reserved and affected, by virtue of any Indulgence or Privilege in favour of the Cardi∣nals, Abbots, or Chapters of the holy Church of Rome: The Bishop ought

immediately, upon the knowledge of the Vacancy of the said Church, to consti∣tute and appoint, if need be, a fit Vicar in the same; together with a suitable Assignation of a portion of the Income, at his pleasure; who may sustain the Charges and Burthen of the said Church, until it shall be provided with a Rector. Moreover the Bishop and the Patron, within ten days, or at such o∣ther time as the Bishop shall limit and appint, shall nominate and propose some other sit Clerks for the governing the said Church, before Examiners de∣puted for that purpose. And it shall nevertheless be free for any other per∣sons also, to set down in writing the Names of such as they know sit for the said Preferment, that afterwards a diligent Inquisition may be made of the Age, Manners and Sufficiency of every of them. And if the Bishop, or Pro∣vincial Synod shall think it more convenient, according to the Custom of the Country, they may summon by a publick Edict, those they are pleased to have examined. After the time limited and appointed is past, all such as were noted and set down in writing, shall be examined by the Bishop, or if he be hindred, by his Vicar General, and three other Examiners at the least; to whose Voices (or Votes) whether they be even or odd, the Bishop, or his Vicar may add theirs, as they shall think fit. And such Examiners as aforesaid shall every year be proposed in the Diocesan Synod by the Bishop, or his Vicar, to the number, at least, of six, for the satisfaction of the Synod, and its Ap∣probation. And upon the falling of a Vacancy of any Church, the Bishop shall choose six of them, for the making the Examinations with him. And after, up∣on any other Vacancy following, he may elect out of the aforesaid six, either the same three, or three others, as he shall like best. And these Examiners, being Masters, Doctors, or Licentiates in Divinity, or the Canon Law, or such other Clerks or Regulars, thô of the Order of the Mendicants, or Seculars, as shall be judged most fit for that purpose, shall swear upon the holy Gospels, that without any humane affection whatsoever, they will duly and faithfully ex∣ecute and perform their Duty. And they shall be cautious that they receive not any thing, either before or after the Examination, for, or by reason of the same: And if they do otherwise, they, the Receivers as well as the persons the Givers to, shall incur the guilt of Simony; from which they cannot be ab∣solved, but by quitting and leaving those Benefices, which they have hereto∣fore in any manner obtained, and be made uncapable of any others for the time to come. And of all these things they shall be obliged to give an ac∣count, not only before God, but also before the Provincial Synod, if need be; by whom, if it be found that they have done or committed any thing contrary to their Duty, they may be punished, as shall be judged fit. And after the Examination is ended, they shall declare and report, how many they have judged fit, for Age, Manners, Prudence, Learning, and other Qualifications, proper for the governing the vacant Church; amongst which the Bishop shall elect that person, whom he shall judge the most fit and sufficient; and upon him and no other, the Collation of the Church shall be made by him, to whom it shall belong to confer it. But if the Patronage be Ecclesiastical, and the Institution belongs to the Bishop and no other, then whomsoever the Patron shall judge most worthy amongst those that are approved by the Examiners,

he shall be obliged to present to the Bishop, to be ordained by him. But when the Ordination is to be made by any other; then the Bishop alone shall elect the most worthy, whom the Patron shall present to him, to whom the Ordination doth appertain. But if the Patronage be Laick, he that shall be presented by the Patron, shall be Examined by the said deputed Examiners as abovesaid, and not admitted, except he be found to be fit. And in all the abovesaid cases, the Church shall make Provision for no other, than One of those that have been Examined as aforesaid, and approved of by the Examiners, according to the aforesaid Rule; nor shall any Devolution or Appeal, thô made to the Aposto∣lick See, or the Legates, Vice-Legates or Nuncios, Bishops, Metropolitans, Primates or Patriarchs of the said See, hinder, or suspend the Execution of the report of the aforesaid Examiners. Nor shall the Vicar, whom the Bishop hath deputed, or perhaps hereafter shall depute for a time at his own plea∣sure, unto the vacant Church, be removed from the custody, care and admi∣stration of the said Church, until Provision be made, either for him or some other, who shall be elected and approved as abovesaid: Otherwise all Provisi∣ons or Ordinations made over and besides the abovesaid form, shall be judged and reckon'd Surreptitious: All Exceptions, Indulgences, Privileges, Preventions, Affections, new Provisions or Indulgences granted to any Universities, thô to a certain Summ, and all other Inpediments whatsoever to the contrary of this Decree notwithstanding. Yet if the said Parochial Revenues be so small, that they cannot bear the Charge of all this Examination; or that there is no person that stands in need of such Examination; or that by reason of open Fa∣ctions or Dissentions, which in some places are found, grievous and lamentable Quarrels and Tumults may be easily stirred up; the Ordinary (if in his own Conscience, with the advice of the Deputies, he shall think it so convenient) may omit this Form, and use any other Examination; observing nevertheless such other matters as are abovemention'd. Moreover it may and shall be law∣ful for the Provincial Synod, to take care and provide, if it shall judge that there is any thing to be added or taken away in the aforesaid Matters touching the form of Examination.

CHAP. XIX.

THE Holy Synod Decrees, That Mandates de Providendo, and those Graces, which are called Expectative, shall not any more be granted to any one, even to Colleges, Universities, Senates, or any particular persons, thô under some Title indulg'd, or for a certain Summ, or under any colour or pre∣tence whatsoever; nor shall it be lawful for any to use them hitherto granted. Nor shall mental Reservations, nor any other Graces whatsoever extending to Benefices that shall be vacant, nor Ingulgences for Foreign Chur∣ches, or Monasteries be granted to any, thô Cardinals of the holy Church of Rome, and such as have hitherto been granted, shall be reckoned and esteemed null and utterly abrogated.

CHAP. XX.

ALL Causes, in any manner belonging to the Ecclesiastical Court, even Beneficial causes also, shall in the first instance be heard, and cognizance taken of them before the Ordinaries of the Places, and shall be finally determi∣ned within two Years, from the day the suit commenced: Otherwise it shall be free and at the choice of the parties, or either of them, after the expira∣tion of the said limited time, to go to Superior, yet competent, Judges, who shall take the cause, as it then shall stand, into their own Hands, and take care to determine it with all possible dispatch, nor shall it be committed to any other, or the proceedings be stopt: Neither shall Appeals made from them be received by any other Superior whatsoever, or any Commission or Inhibition be issued out, but from the definitive sentence, or from that which shall have the force thereof; and whose grievance cannot be redressed by an Appeal from the definitive Sentence. From these are excepted such Causes, which according to the Sanctions of the holy Canons, are to be handled and treated of by the Apostolick See, or which upon urgent and reasonable cause, the Pope shall think fit, by a special Rescript, under the Signature of his Holiness, and Subscribed by his own Hand, to commit to anothers Charge, or to call to himself. Moreover, matrimonial and criminal Causes shall not be left to the Judgment of the Dean, Archdeacon, or other Inferiors, even in their Visitation, but shall be re∣served to the Examination and Jurisdiction of the Bishop only; altho any suit, in any instance, doth at that very time depend between the Bishop and Dean, or Archdeacon, or other Inferiors about taking Cognizance of such Causes: Before whom, if the Matrimonial party shall be proved to be poor, they shall not be forced to litigate or debate the same cause out of the Province, neither in the second or third Instance; except the adverse party shall be willing to al∣low Diet, and bear the charges of the Suit. Legates also, thô de Latere, Nuncios, Ecclesiastical Governors, or any others, by virtue of any Faculties or Powers, shall not presume to hinder, or in any wise prevent or disturb the Jurisdiction, not only of Bishops in the aforesaid Causes; but also shall not proceed against any Clerks, or other Ecclesiastical persons, except first required so to do by the Bishop, and in case of his Negligence. All their Processes or Ordinations to the contra∣ry shall be void and of no force, and they shall be bound to make such satis∣factions for Damages, as the parties shall lay upon them. Furthermore, if any person shall Appeal in cases permitted by the Law, or shall make complaint of any Grievance, or that shall otherwise have recourse to another Judge, in as much as the limited time of Two Years is elapsed; he shall be oblig'd to bring at his own Charges, the Acts made before the Bishop, unto the Judge of the Appeal; the Bishop having first admonished him, that if he thinks he shall stand in need of any further Instruction in the Cause, he may signifie it to the Judge of the Ap∣peal. But if the Appealed shall appear, then he likewise shall be forced to pay proportionable Charges for the Copying the said Acts, if he be willing to make use of them; except it be otherwise provided by the Custom of the place, that this Charge shall wholly belong to the Appellant to pay. Moreover, the

Notary, upon payment of a suitable Fee, shall be bound to give the said Copy of the Acts to the Appellant, as soon as may be, or within a Month at the far∣thest. Which Notary, if he shall commit any fraud or deceit, in delaying the giving such Copy, he shall be suspended, at the pleasure of the Ordinary, from the Administration of his Office, and shall be forced to pay double the Costs of the suit, to be distributed between the Appellant and the Poor of the Place. And if the Judge himself shall be conscious or partaker of such Impe∣diment or Hindrance, or shall otherwise withstand the delivery of all such Acts to the Appellant, within the time limited; he shall be obliged to pay double the costs, as aforesaid: Any Privileges, Indulgences, Agreements, (which bind only their Authors) and any other Customs whatsoever to the con∣trary hereof notwithstanding.

CHAP. XXI.

THE holy Synod desiring, That no occasion of doubt may at any time hereafter arise, concerning the Decrees it hath set forth and published, it declares that in those words expressed in the Decree, made in the first Session, under our most holy Lord Pius the Fourth, (viz.) Whatsoever the holy Synod shall judge convenient and fit, by the Proposal of the Legates and Presidents, for the mi∣tigating the Calamities of these times, quieting the Controversies about Religion, silencing the Tongues of deceitful Men, correcting the Abuses of depraved Manners, and pro∣curing true and Christian Peace to the Church:

The meaning of the Synod was, not to change in any respect by the aforesaid Words, the usual manner of handling matters in General Councils, nor to add or detract any thing, besides that which heretofore in the holy Canons, and in the General Synods, hath been constituted and appointed.