The Council of Trent
Twenty Fifth Session, Eighth Decree
ON REFORMATION (Cont'd)
In what manner a right of patronage is to be proved, and to whom granted: what is not lawful for patrons. Unions of free benefices, to churches under right of patronage, prohibited. Rights of patronage, not legitimately obtained, are to be revoked.
Even as it is not just to take away the legitimate rights of patronage, and to violate the pious intentions of the faithful in the institution thereof, so also neither is it to be suffered, that, under this pretext, ecclesiastical benefices be reduced to a state of servitude, as by many is impudently done. In order, therefore, that what reason requires may be observed in all things, the holy Synod ordains, that the title to the right of patronage shall be (derived) from a foundation, or an endowment ; which (title) shall be shown from an authentic document, and the other (proofs) required by law ; or, also, by repeated presentations during a period of time so remote that it exceeds the memory of man ; or, otherwise, according as the law directs. But as regards those persons, or communities, or universities, which that right is for the most part presumed to have been obtained by usurpation rather than otherwise, a more full and exact proof shall be required to establish a true title ; nor shall the proof derived from time immemorial be otherwise of avail in their regard, unless-besides other things necessary for that proof--presentations, even continuous, during the space of not less than fifty years, at the least, all of which presentations have been carried into effect, shall be proved from authentic writings. All other rights of patronage, in regard to benefices, as well Secular as Regular, or parochial, or in regard of dignities, or any other benefices whatsoever, in a cathedral or collegiate church ; as also all faculties and privileges, whether granted so as to have the force of patronage, or, by virtue of any other right whatsoever, to nominate, elect, present to the said benefices when they become vacant, excepting the rights of patronage belong to cathedral churches, and excepting such other (rights of patronage) as belong to the emperor, to kings. or to those who possess kingdoms, and to other high and supreme princes who have the rights of sovereignty within their own dominions, as also those (rights of patronage) which have been bestowed in favour of (places of) general studies, shall be understood to wholly abrogated and made void, together with the quasi-possession which has followed thereupon. And benefices of this kind shall be conferred, as being free, by those who collate thereunto ; and such appointment shall have full effect.
Furthermore, it shall be lawful for the bishop to reject the persons whom the patrons have presented, if they be not fit. But if the institution belong to inferior (ecclesiastics), they (the presentees) shall nevertheless be examined by the bishop, pursuant to what has been elsewhere ordained by this holy Synod ; otherwise the institution made by those inferiors shall be null and void.
But the patrons of benefices, of whatsoever order and dignity they may be, be they (the patrons) even communities, universities, or any colleges whatsoever whether of clerics or laymen, shall not in any way, nor for any manner of cause or occasion, meddle with the receiving of the fruits, rents, or revenues of any benefices whatsoever, even though those benefices be truly, by foundation or endowment, under their right of patronage; but shall leave them to the free disposal of the rector, or of the beneficiary, any custom whatever to the contrary notwithstanding. Nor shall they presume to transfer to others, contrary to the decrees of the canons, the said right of patronage, by sale, or under any other title whatsoever: if they act otherwise, they shall be subjected to the penalties of excommunication and interdict, and shall be ipso jure deprived of the aforesaid right itself of patronage. Moreover, those accessions made by way of union of free benefices with churches that are subject to the right of patronage, even of laymen, whether those churches be parochial, or benefices of any other kind whatsoever, even such as are simple, or are dignities, or hospitals, in such wise that the free benefices aforesaid are made to be of the same nature as those unto which they are united, and are placed under the (same) right of patronage; such (accessions), if they have not as yet been carried into full effect, as also such as shall henceforth be made, at the instance of any person whatsoever, by whatsoever authority, be it even apostolic, shall, together with the said unions themselves, be regarded as having been obtained surreptitiously; notwithstanding any form of words therein employed, or any derogation which may be held as equivalent to being expressed; nor shall such unions be any more carried into execution, but the benefices themselves so united shall, when vacant, be freely conferred as previously.
As regards those augmentations, which, having been made within the last forty years, have obtained their effect and a complete incorporation; such shall nevertheless be reviewed and examined by the Ordinaries, as the delegates of the Apostolic See; and those which shall be found to have been obtained by surreption, or obreption, shall, together with the unions, be declared invalid, and the benefices themselves shall be separated, and be conferred upon other persons.
In like manner also whatsoever rights of patronage,-over churches, and any other benefices of whatsoever kind, even dignities which were previously free,-which have been acquired within the last forty years, or that may henceforth be acquired, whether through an increase of the endowment, or in consequence of erecting the building afresh, or from some other like cause, even though with the authority of the Apostolic See, shall be carefully taken cognizance of by the said Ordinaries, as delegates as aforesaid; and they shall not be hindered by the faculties, or privileges of any individual in regard thereof ; but they shall wholly revoke such rights of patronage as they shall find not to have been legitimately established on account of some most evident necessity of the church, or benefice, or dignity ; and they shall restore benefices of this kind to their former state of liberty ; without injury however to the incumbents thereof, and after having restored to the patrons whatsoever they may have given on this score ; any privileges, constitutions, and customs, even though immemorial, notwithstanding.
Judges, unto whom causes may be committed by the Apostolie See, are to be nominated by the Synod: all judges shall terminate causes speedily.
Forasmuch as on account of the malicious suggestions of suitors, and at times also by reason of the distance of places, a knowledge of the persons to whom causes are committed cannot be perfectly obtained; and hence causes are sometimes referred to judges on the spot who are not altogether fit; the holy Synod ordains, that, in each provincial, or diocesan, Synod, there shall be designated certain persons who have the qualifications required by the constitution of Boniface VIII., which begins, Statutum, and who are otherwise suited thereunto ; that, to them also, besides the Ordinaries of the places, may henceforth be committed those ecclesiastical and spiritual causes, belonging to the ecclesiastical court, which may have to be delegated to their districts. And if one of these so designated shall happen to die in the interim, the Ordinary of the place, with the advice of the Chapter, shall substitute another in his stead, until the next provincial or diocesan Synod; in such sort that each diocese shall have at least four, or even more, persons approved of and qualified as above, to whom causes of this nature may be committed by any legate, or nuncio, and even by the Apostolic See: otherwise, after the said designation has been made, which the bishops shall forthwith transmit to the Sovereign Roman Pontiff, any delegations whatsoever of other judges, made to any others but the above, shall be regarded as surreptitious.
The holy Synod furthermore admonishes both the Ordinaries and all other judges whatsoever to endeavour to terminate causes in as brief a period as possible; and to meet in every way, either by prescribing a given term, or by some other available method, the artifices of lawyers, whether in delaying the trial of the suit, or any other part of the judicial process.
Certain leases of Ecclesiastical Property or rights are prohibited; certain other such leases are annulled.
It ordinarily brings great ruin upon churches, when the property thereof is, to the prejudice of those who succeed, leased out to others upon the present payment of a sum of money. Wherefore, all leases of this kind, if made for payments in advance, shall be in no wise considered valid to the prejudice of those who succeed; any indult or privelege whatsoever notwithstanding; nor shall such leases be confirmed in the Roman court, or elsewhere. Neither shall it be lawful, to farm out ecclesiastical jurisdictions, or the faculties of nominating, or of deputing vicars in spirituals ; nor for the lessees to exercise the above in person or by others; and any grants to the contrary, even though made by the Apostolic See, shall be esteemed surreptitious. As to leases of ecclesiastiscal things, even though confirmed by apostolical authority, the holy Synod declares those to be invalid, which, having been made within the last thirty years, for a long term, or as they are designated in some districts, for twenty-nine, or for twice twenty-nine years, shall be judged by the provincial Synod, or by the deputies thereof, to have been contracted to the injury of the church, and contrary to the ordinances of the canons.
Tithes to be paid in full: those withholding, or hindering, the payment thereof are to be excommunicated: the Rectors of Poor Churches are to be piously relieved.
Those are not to be borne who, by various artifices, endeavour to withhold the tithes accruing to the churches ; nor those who rashly take possession of, and apply to their own use, the tithes which have to be paid by others; whereas the payment of tithes is due to God; and they who refuse to pay them, or hinder those who give them, usurp the property of another. Wherefore, the holy Synod enjoins on all, of whatsoever rank and condition they be, to whom it belongs to pay tithes, that they henceforth pay in full the tithes, to which they are bound in law, to the cathedral church, or to whatsoever other churches, or persons, they are lawfully due. And they who either withhold them, or hinder them (from being paid), shall be excommunicated ; nor be absolved from this crime, until after full restitution has been made. It further exhorts all and each, that, of their Christian charity, and the duty which they owe to their own pastors, they grudge not, out of the good things that are given them by God, to assist bountifully those bishops and parish priests who preside over the poorer churches; to the praise of God, and to maintain the dignity of their own pastors who watch for them.
The fourth of Funeral (dues) shall be paid to the Cathedral or Parish Churches.
The holy Synod ordains, that in whatsoever places, forty years ago, a fourth, as it is called, of funerals, was accustomed to be paid to the cathedral, or parish, church, but has subsequently, by virtue of whatsoever privilege, been granted to other monasteries, hospitals, or to any other kind of pious places; the same shall henceforth, with all its rights, and in the same proportion as was formerly usual, be paid to the cathedral or parish church; all grants, graces, privileges, even those called mare magnum, or any others whatsoever, to the contrary not-withstanding.
The manner of proceeding against Clerics who keep concubines is prescribed.
How shameful a thing, and how unworthy it is of the name of clerics who have devoted themselves to the service of God, to live in the filth of impurity, and unclean bondage, the thing itself doth testify, in the common scandal of all the faithful, and the extreme disgrace entailed on the clerical order. To the end, therefore, that the ministers of the Church may be recalled to that continency and integrity of life which becomes them; and that the people may hence learn to reverence them the more, that they know them to be more pure of life: the holy Synod forbids all clerics whatsoever to dare to keep concubines, or any other woman of whom any suspicion can exist, either in their own houses, or elsewhere, or to presume to have any intercourse with them : otherwise they shall be punished with the penalties imposed by the sacred canons, or by the statutes of the (several) churches, But if, after being admonished by their superiors, they shall not abstain from these women, they shall be ipso facto deprived of the third part of the fruits, rents, and proceeds of all their benefices whatsoever, and pensions ; which third part shall be applied to the fabric of the church, or to some other pious place, at the discretion of the bishop. If, however, persisting in the same crime, with the same or some other woman, they shall not even yet have obeyed upon a second admonition, not only shall they thereupon forfeit all the fruits and proceeds of their benefices and pensions, which shall be applied to the places aforesaid, but they shall also be suspended from the administration of the benefices themselves, for as long a period as shall seem fit to the Ordinary, even as the delegate of the Apostolic See. And if, having been thus suspended, they nevertheless shall not put away those women, or, even if they shall have intercourse with them, then shall they be for ever deprived of their ecclesiastical benefices, portions, offices, and pensions of whatsoever kind, and be rendered thenceforth incapable and unworthy of any manner of honours, dignities, benefices and offices, until, after a manifest amendment of life, it shall seem good to their superiors, for a cause, to grant them a dispensation. But if, after having once put them away, they shall have dared to renew the interrupted connexion, or to take to themselves other scandalous women of this sort, they shall, in addition to the penalties aforesaid, be smitten with the sword of excommunication. Nor shall any appeal, or exemption, hinder or suspend the execution of the aforesaid; and the cognizance of all the matters above-named shall not belong to archdeacons, or deans, or other inferiors, but to the bishops themselves, who may proceed without the noise and the formalities of justice, and by the sole investigation of the truth of the fact.
As regards clerics who have not ecclesiastical benefices or pensions, they shall, according to the quality of their crime and contumacy, and their persistance therein, be punished, by the bishop himself, with imprisonment, suspension from their order, inability to obtain benefices, or in other ways, conformably with the sacred canons.
Bishops also, if, which God forbid, they abstain not from crime of this nature, and, upon being admonished by the provincial Synod, they do not amend, shall be ipso facto suspended; and, if they persist therein, they shall be reported by the said Synod to the most holy Roman Pontiff, who shall punish them according to the nature of their guilt, even with deprivation if need be.
The illegitimate Sons of Clerics are excluded from certain Benefices and Pensions.
That the memory of paternal incontinency may be banished as far as possible from places consecrated to God, where purity and holiness are most especially beseeming; it shall not be lawful for the sons of clerics, not born in lawful wedlock, to hold, in those churches wherein their fathers have, or had, an ecclesiastical benefice, any benefice whatsoever, even though a different one; nor to minister in any way in the said churches; nor to have pensions out of the revenues of benefices which their fathers hold, or have aforetime held. And if a father and son shall be found, at this present time, to hold benefices in the same church; the son shall be compelled to resign his benefice, or to exchange it for another out of that church, within the space of three months, otherwise he shall be ipso jure deprived thereof; and any dispensation in regard of the aforesaid shall be accounted surreptitious. Moreover, any reciprocal resignations which shall from this time forth be made by fathers who are clerics in favour of their sons, that one may obtain the benefice of the other, shall be wholly regarded as made in fraudulent evasion of this decree, and of the ordinances of the canons; nor shall the collations that may have followed, by virtue of resignations of this kind, or of any other whatsoever made fraudulently, be of avail to the said sons of clerics.
Benefices with cure shall not be converted into simple Benefices: a suitable portion of the fruits shall be assigned to the Vicar who exercises the cure of souls.
The holy Synod ordains, that those Secular ecclesiastical benefices, by whatsoever name they may be called, which, by their original institution, or in any other way whatever, have the cure of souls, shall not henceforth be converted into a simple benefice, even though a suitable portion be assigned to a perpetual vicar; notwithstanding any graces whatsoever which have not obtained their full effect. But, as regards those benefices wherein, contrary to the institution or foundation thereof, the cure of souls has been transferred to a perpetual vicar, even though they be found to have been in this state from time immemorial, if a suitable portion of the fruits have not been assigned to the vicar of the church, by what name soever he may be designated, the same shall be assigned as soon as possible, and within a year at the furthest from the end of the present Council, at the discretion of the Ordinary; pursuant to the form of the decree made under Paul III., of happy memory. But if this cannot conveniently be done, or if it be not done, within the said term, as soon as the benefice shall be vacant, either by the resignation or death of the vicar, or rector, or in whatsoever way either of the above shall vacate it, it shall receive again the cure of souls; the name of vicarage cease; and it shall be restored to its ancient state.
Bishops shall maintain their dignity; nor conduct themseIves with unworthy servility towards the Ministers of Kings, towards Lords, or Barons.
The holy Synod cannot but sorely grieve at hearing that certain bishops, forgetful of their own estate, do in no slight manner disgrace the pontifical dignity; comporting themselves with an unseemly kind of servility, both in church and out of it, before the ministers of kings, nobles, and barons; and, as if they were inferior ministers of the altar, not only most unworthily give them place; but even serve them in person. Wherefore, the holy Synod, detesting this and the like behaviour, doth, by renewing all the sacred canons, the General Councils, and other apostolical ordinances, which relate to the decorum and authority of the episcopal dignity, enjoin, that henceforth bishops abstain from the like; charging them that, both in church and out of it, having before their eyes their own rank and order, they every where bear in mind that they are fathers and pastors; charging also others, as well princes, as all persons whatsoever, to pay them paternal honour and due reverence.
The Canons shall be exactly observed: if, at any time, a dispensation is to be granted in regard thereof, it shall be done with the most mature deliberation.
As it is expedient for the public good, to relax at times the restraint of law, thereby more completely to meet, for the common advantage, the cases and necessities which arise; even so, to dispense too often with the law, and to yield to petitioners on account of precedent, rather than upon any certain discrimination in regard of persons and circumstances, is nothing else but to open a way for each one to transgress the laws. Wherefore, be it known to all men, that the most sacred canons are to be exactly observed by all, and, as far as this is possible, without distinction. But if any urgent and just reason, and at times a greater good, shall require that some be dispensed with; this shall be granted, after the cause has been taken cognizance of, and after the most mature deliberation, and gratuitously, by all those soever to whom that dispensation appertains; and any dispensation granted otherwise shall be esteemed surreptitious.
Duelling is prohibited under the most severe penalties.
The detestable custom of duelling, introduced by the contrivance of the devil, that by the bloody death of the body, he may accomplish the ruin of the soul, shall be utterly exterminated from the Christian world. Any emperor, kings, dukes, princes, marquises, counts, and temporal lords by whatsoever other name entitled, who shall grant a place within their territories for single combat between Christians, shall be thereupon excommunicated, and shall be understood to be deprived of jurisdiction and dominion over any city, castle, or place, in or at which they have permitted the duel to take place, which they hold of the church ; and if those places be held as a fief they shall forthwith escheat to their direct lords.
As to the persons who have fought, and those who are called their seconds (sponsors), they shall incur the penalty of excommunication, and the confiscation of all their property, and of perpetual infamy, and are to be punished as homicides, according to the sacred canons ; and if they have perished in the conflict itself, they shall be for ever deprived of ecclesiastical sepulture. Those also who have given counsel in the ease of a duel, whether for the question of right, or fact, or have in any other way whatever persuaded any one thereunto, as also the spectators thereof, shall be subjected to the bond of excommunication, and of a perpetual malediction ; any privilege soever, or evil custom, though immemorial, notwithstanding.
The Immunities, Liberty, and other Rights of the Church are recommended to Secular Princes.
The holy Synod being desirous that ecclesiastical discipline may not only be restored amongst the Christian people, but that it also may be for ever preserved sound and safe from all manner of adverse attempts ; besides those things which It has ordained touching ecclesiastical persons, has thought fit, that Secular princes also be admonished of their duty; trusting that they,-as Catholics, whom God hath willed to be the protectors of holy faith and church,-will not only grant that to the church her own right be restored, but will also recall all their own subjects to due reverence towards the clergy, parish priests, and the superior orders; nor permit that their officers, or inferior magistrates, through any spirit of covetousness, or any heedlessness, violate that immunity of the church and of ecclesiastical persons, which, by the ordinance of God, and by the appointments of the canons has been established ; but (see) that they render, conjointly with the princes themselves, due observance to the sacred constitutions of Sovereign Pontiffs and of Councils.
It ordains, therefore, and enjoins, that the sacred canons, and all the General Councils, as also all other apostolic ordinances, published in favour of ecclesiastical persons, of the liberty of the Church, and against the violators thereof,-all which It also renews by this present decree,-be exactly observed by all men. And for this cause It admonishes the emperor, kings, republics, princes, and all and each of whatsoever state and dignity they be, that, the more bountifully they are adorned with temporal goods, and with power over others, the more religiously should they respect whatsoever is of ecclesiastical right, as belonging especially to God, and as being under the cover of His protection ; and that they suffer not such to be injured by any barons, nobles, governors, or other temporal lords, and above all by their own immediate officers ; but punish those severely, who obstruct her liberty, immunity, and jurisdiction ; being themselves an example to them in regard of piety, religion, and the protection of the churches, in imitation of those most excellent and religious princes their predecessors, who not only defended from all injury from others, but, by their authority and munificence, in a special manner advanced the interests of their own church. Wherefore let each one herein discharge his duty carefully ; that so the divine worship may be devoutly celebrated, and prelates and other clerics remain, quietly and without hindrances, in their own residences and in the discharge of their duties, to the profit and edification of the people.
In all things the authority of the Apostolic See shall remain untouched.
Lastly, the holy Synod declares, that all and singular the things which, under whatsoever clauses and words, have been ordained in this sacred Council, in the matter of reformation of morals, and ecclesiastical discipline, as well under the Sovereign Pontiffs, Paul III., and Julius III., of happy memory, as under the most blessed Pius IV., have been so decreed, as that the authority of the Apostolic See both is, and is understood to be, untouched thereby
DECREE FOR CONTINUING THE SESSION ON THE FOLLOWING DAY.
Whereas all those things which had to be treated of in the present Session cannot, because of the lateness of the hour, be conveniently despatched; therefore, according as was resolved on by the Fathers in general congregation, the things which remain are deferred till to-morrow, in continuation of this same Session.