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.

CHAP. VI.

THE holy Synod doth ordain, That in all Cathedral and Collegiat Churches the Decree of Pope Paul the Third of happy memory, which begins Capi∣tula Cathedralium, shall be duly observed; not only when the Bishop visits, but as often as he prosecutes any one ex officio, or at the request of another, accord∣ing to the contents of the said Decree. But whenever he prosecutes any out of the time of his Visitation, the following Decrees shall take place; namely, That the Chapter shall at the beginning of every year choose two of their Chapter, by whose Counsel and consent the Bishop, or his Vicar, shall be bound to proceed as well in forming the process as in all other Acts, unto the end of the Cause inclusively; but yet in the presence of the Bishops, Secretary, and in his House, or accustomed place of trying Causes.

And what one of them doth, shall be accounted as if done by both: the other may attend and joyn with the Bishop. But if both of them differ from the Bishops opinion in any Act, whether in an Interlocutory or definitive Sense; then shall the Bishop and they choose a third person for Umpire, within six days after. And if they also disagree in the choice of a third person, the choice of him shall devolve unto the next adjoyning Bishop. And the article or point in which they differ'd shall be determined, according to that opinion which the said third person agrees in; otherwise the Process, and what follows thereupon, shall be void and of no effect in Law.

Nevertheless, in Crimes of Incontinency, whereof there is mention made in the Decree concerning Concubinaries, and in such like more heinous offences, which require a deposing, or a degrading of the Offender, where there is cause to fear his escaping, or flying away, that Justice may not be shifted off, and avoided, and there is therefore a necessity of detaining or keeping the Offender in hold; the Bishop alone may at the beginning proceed against him, by recei∣ving a brief information of his Offence, and keeping him in custody, as need requires.

In all other things the Order aforesaid shall be duly observed.

And in all cases care is to be taken to keep Offenders in a fit place, according to the Nature of their offence, and the Quality of their Persons.

Furthermore, that Honour and Respect shall be given unto Bishops in all places where they come, which is agreeable to their Character and Dignity, and they shall have the first Seat and Place which they themselves make choice of in any Quire, Chapter, Processions and other publick Acts: And they shall have also the chief power and authority, in ordaining what is to be done in the places afore∣said; and if they propose any thing to be consider'd of by the Canons and Pre∣bends, it shall be done as they desire, if it be not a thing that tends only to their particular advantage, or the benefit only of such as belong to them. The Bishops shall call the Chapters, demanding their Votes, and determine accord∣ingly; but in the absence of the Bishop it shall be wholly done by those of the Chapter, to whom of right or custom it appertains, and the Bishops Vicars shall not be admitted to do it.

In all other things the Jurisdiction and power of the Chapter, if there be any belonging to them, and the management of their Estates and Revenues, as a Chapter, shall be left to them wholly, without being meddled with by the Bishop.

But all such as are not Dignitaries nor of any Chapter, shall in matters Eccle∣siastical be subject to the Bishop; any Priviledges (as is aforesaid) although the same be granted at their foundation, and all customs, though they have continued time out of mind, and all Decrees, Oaths, and Agreements (which do only bind the makers of them) to the contrary notwithstanding; except such priviledges as have been granted to the Universities, or places of general Studies, or to the Students belonging to them. Neither shall all or any of the Decrees aforesaid, take place or be of force in those Churches, wherein the Bishops or their Vicars have by their first Constitutions, or by some Priviledges granted to them, or by Customs or Agreements heretofore made, or by any other right, have a greater Power, Authority and Jurisdiction, than is contained in this present Decree: From which Churches 'tis not the design of the Holy Synod to take any thing away, or abridge their just Rights and Priviledges.