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The Canons And Decrees Of The Council Of Trent

Preface

The same sacred and holy, œcumenical and general Synod of Trent, lawfully assembled in the Holy Ghost,—the same legates of the Apostolic See presiding therein,—has thought fit that, unto the praise of Almighty God, and the adornment of holy Church, those things which follow be ordained at present, touching the business of Reformation.

Bishops shall both confer orders and give Letters Dimissory and Testimonials gratuitously, for which their Servants shall receive nothing, but the Notaries that which is defined in this Decree

Inasmuch as every suspicion of covetousness ought to be absent in the ecclesiastical order, neither bishops, nor others, who confer orders, nor their ministers, shall, under any pretext, receive anything for the conferring of any manner of orders, not even for the clerical tonsure, nor for letters dimissory, or testimonials, nor for the seal, nor for any other cause soever, not even should it be voluntarily offered. And notaries, in those places only where the laudable custom of not receiving anything does not prevail, shall only be able to receive the tenth part of a golden crown for each letter dimissory, or testimonial; provided that there be no salary assigned them for the discharge of this office. Nor shall any emolument out of the fees of the notary accrue, either directly or indirectly, to the bishop from the conferring of the said orders. For in this case the synod ordains that they are bound to give their labour altogether gratuitously; utterly quashing and prohibiting all taxes to the contrary, and all statutes, and customs, even though immemorial, of all places soever, which may rather be called abuses and corruptions tending to simoniacal pravity; and they who shall act otherwise shall, as well the givers as the receivers, incur, by the very fact, besides the divine vengeance, the penalties inflicted by law.

Those who have not wherewith to live are excluded from Holy Orders

Whereas it becometh not those who are enrolled in the divine ministry, to beg, or to exercise any sordid occupation, to the disgrace of their order; and whereas it is well known that very many, in very many places, are admitted to sacred orders almost without any discrimination of choice whatever; who, by various artifices and deceits, pretend to have an ecclesiastical benefice, or even means sufficient; the holy synod ordains, that henceforth no secular clerk, though he be otherwise fit in morals, knowledge, and age, shall be promoted to holy orders, unless it be first lawfully certain, that he is in the peaceful possession of an ecclesiastical benefice adequate to his honest livelihood. And he shall not be able to resign that benefice, without mentioning that he was promoted unto the title thereof; nor shall that resignation be admitted, unless it be certain that he can live conveniently from other sources; and any resignation made otherwise shall be null. But those who have a patrimony, or a pension, shall not hereafter be ordained, except such as the bishop shall judge fit to be received, in consideration of the necessity or the convenience of his churches; after having also first carefully looked to this, that they really possess that patrimony, or pension, and that they are such as to suffice them for sustenance. And they may not in any case be alienated, extinguished, or remitted, without the permission of the bishop, until they shall have obtained a sufficient ecclesiastical benefice, or they shall have from some other source whence they may live: renewing hereupon the penalties of the ancient canons.

A Method of increasing the Daily Distributions is prescribed; the Persons to whom they shall be due: the Contumacy of those who do not serve is punished.

Whereas benefices were established in order to the performance of divine worship, and the offices of the Church; lest the divine worship may in any respect be diminished, and that due attention may be paid thereunto in all things; the holy synod ordains, that in churches, as well cathedral as collegiate, in which there are no daily distributions, or so slight, that they are probably disregarded, a third part of the fruits and of all proceeds soever, and comings in, as well of dignities, as of canonries, personates, portions, and offices, shall be set apart and converted to the purpose of daily distributions, in order to be divided amongst those who possess dignities and the others who are present at divine service, according to a proportionate division to be settled by the bishop, even as the delegate of the Apostolic See, at the time of the very first deduction made from the fruits; saving, however, the customs of those churches wherein those who do not reside, or who do not serve, receive nothing, or less than a third part: all exemptions, and any other customs, even though immemorial, and all appeals soever notwithstanding. And if the contumacy of those who do not serve increase, they may lawfully be proceeded against according to the provision of the law, and of the sacred canons.

In what Cases Coadjutors are to be employed for the cure of souls. The Method of erecting new Parishes is set forth

Bishops, even as delegates of the Apostolic See, shall, in all parish churches, or those wherein baptism is administered, in which the people is so numerous, that one rector is not sufficient for the administration of the sacraments of the Church, and for the performance of divine worship, compel the rectors, or others to whom it may appertain, to associate with themselves unto this office, as many priests as shall suffice to administer the sacraments, and to celebrate the divine worship. But in respect to those [churches] to which, on account of the distance, or the difficulties of the localities, [the people] cannot, without great inconvenience, repair to receive the sacraments, and to hear the divine offices; they may, even against the will of the rectors, constitute new parishes, according to the form of constitution of Alexander III., which begins, Ad audientiam. And to those priests who shall have to be appointed anew over the churches newly erected, a competent portion, according to the bishop’s judgment, shall be assigned out of the fruits in any wise belonging to the mother church: and if it be necessary, he may compel the people to contribute those things which may suffice for the sustaining the life of the said priests; every general or special reservation, or assignment, that may lie upon the said churches, notwithstanding. Neither shall such ordinances and erections be prevented or hindered by means of any provisions, or even by force of any resignation, or by any other derogations, or suspensions soever.

Bishops are able to form Unions in perpetuity in Cases permitted by Law

In order, also, that the state of those churches, wherein the sacred offices are administered unto God, may be maintained according to their dignity, the bishops, even as the delegates of the Apostolic See, may, according to form of law, make unions in perpetuity, without prejudice, however, to the incumbents of any parochial churches soever, and of those wherein baptism is administered, and of other benefices with or without cure, with [other] cures, on account of the poverty of those [churches], and in the other cases permitted by law; even though the said churches, or benefices, be generally or specially reserved, or in what way soever applied. Which unions shall not be able to be revoked or infringed, by force of any provision soever, not even on account of any resignation, or derogation, or suspension.

To unskilful Rectors Vicars shall be deputed with a Portion of the Fruits; those persevering in the Scandal may be deprived of their Benefices

Inasmuch as illiterate and unskilful rectors of parish churches are but little fit for the sacred offices; and others, by reason of the baseness of their lives, rather destroy than edify; the bishops, even as the delegates of the Apostolic See, may depute to the said illiterate and unskilful rectors, if they be otherwise of a beseeming life, coadjutors, or vicars for the time being, and assign to the same part of the fruits for their sufficient maintenance, or provide for them in some other manner, setting aside any appeal or exemption whatsoever. But those who live basely and scandalously, they shall, after they have first been admonished, restrain and punish; and if they shall still continue incorrigible in their wickedness, they shall have power to deprive them of their benefices, according to the constitutions of the sacred canons, setting aside every exemption or appeal soever.

Bishops shall transfer Benefices from Churches which cannot be restored; but they shall cause others to be repaired. What must be observed in this respect

Whereas very great care ought also to be taken, lest those things which have been dedicated to sacred services, may, through the injury of time, grow obsolete, and pass from the memory of men; the bishops, even as the delegates of the Apostolic Sec, may transfer simple benefices, even those under a right of patronage, from churches, which by age, or otherwise, have fallen into ruin, and which cannot, on account of their poverty, be restored to the mother churches, or others of the same or neighbouring places, according to their own judgment, having summoned those interested therein; and they shall raise in the same churches, altars or chapels, under the same invocations; or transfer them, with all their emoluments and with all the obligations that were imposed on the former churches, to altars or chapels already erected. But, as regards parish churches which have thus fallen into decay, they shall, even though they be under a right of patronage, take care that they be repaired and restored, out of any fruits and proceeds soever in any way appertaining to the said churches. And if [these resources] should be insufficient, they shall compel, by all suitable means, the patrons and others who receive any fruits resulting from those churches, or, in their default, the parishioners to [provide for] the aforesaid [repairs]; every appeal, exemption, or reservation soever being set aside. But if they should all labour under too great poverty, they shall be transferred to the mother churches, or to those in the neighbourhood, with power to convert both the said parish churches and others that are in ruins, to profane, though not to sordid uses; a cross, however, being erected there.

Monasteries in commendam, in which Regular Observance is not in vigour, and all Benefices soever, shall be annually visited by the Bishops

It is right that what things soever in a diocese regard the worship of God, be diligently cared for by the ordinary, and, where it behoveth, be by him provided. Wherefore, monasteries held in commendam, even abbeys, priories, and those called provostries, in which regular observance is not in vigour, as also benefices, with or without the cure of souls, as well regular as secular, in whatever manner held in commendam, even though exempt, shall every year be visited by the bishops, even as the delegates of the Apostolic See; and the said bishops shall take care, by suitable measures, even by the sequestration of the fruits, that what things require renewing or restoring, be repaired; and that the cure of souls, if it be charged upon those places, or those annexed to them, as also that other required duties be rightly exercised; any appeals soever, privileges, or customs, even prescribed from time immemorial, letters conservatory, deputations of judges, and their inhibitions to the contrary, notwithstanding. And, if regular observance be therein in vigour, the bishops shall take care, by fatherly admonitions, that the superiors of the said regulars observe, and cause to be observed, the manner of life due according to the institutes of their order, and that they keep, and govern those subject to them, in their duty. And if, after having been admonished, they shall not, within six months, have visited or corrected them, then may the said bishops, even as delegates of the Apostolic See, visit and correct them in the same way as the superiors themselves might do, according to their institutes; all appeals, privileges, and exemptions soever being set aside, and notwithstanding.

The Name and Use of Questors of Alms is abolished. The Ordinaries shall publish Indulgences and Spiritual Graces. Two of the Chapter shall, gratuitously, receive the Alms

Whereas many remedies, applied heretofore by divers councils, as well by that of Lateran, and of Lyons, as by that of Vienne, against the wicked abuses of questors of alms, have in later times become useless; yea, rather the depravity of such is, to the great scandal and complaint of all the faithful, found daily so much the more to increase, as that there seems no longer to be any hope left of their amendment; [the synod] ordains that, in all places where the Christian religion prevails, their name and use be henceforth utterly abolished; nor shall they in any wise be admitted to exercise any such office; any privileges granted to any churches, monasteries, hospitals, pious places, or to any persons of whatsoever degree, estate, and dignity, or any customs, even though immemorial, notwithstanding. But as regards the indulgences, or other spiritual graces, of which the faithful of Christ ought not on this account to be deprived, it decrees, that they are henceforth, at the due times, to be published to the people by the ordinaries of the places, aided by two members of the chapter. To whom also power is given to gather faithfully the alms, and the succours of charity offered, without their receiving any remuneration soever; that so at length all men may truly understand, that these heavenly treasures of the Church are administered, not unto gain, but unto godliness.

INDICTION OF THE NEXT SESSION

The sacred and holy, œcumenical and general Synod of Trent, lawfully assembled in the Holy Ghost,—the same legates of the Apostolic See presiding therein, hath ordained and decreed, that the next ensuing session be held and celebrated on the Thursday after the octave of the feast of the Nativity of the blessed Virgin Mary, which will be on the seventeenth of the month of the next ensuing September; with the addition, however, that the said holy synod freely may and can, according to its will and pleasure, as it shall judge expedient for the affairs of the council, limit or extend, even in a general congregation, the said term, as also that which may hereafter be assigned for each session.








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