Canons and Decrees of the Council of Trent/Session XIII/Reformation
DECREE TOUCHING REFORMATION.
CHAPTER I.
Bishops shall prudently apply themselves to reform the Manners of their Subjects: from their Correction there shall be no Appeal.
The same sacred and holy Synod of Trent, lawfully assembled in the Holy Ghost, the same legate and nuncios of the Apostolic See presiding therein,—intending to ordain certain things which relate to the jurisdiction of bishops, in order that they may, in accordance with the decree of the last session, so much the more willingly reside in the churches committed to them, by how much the more easily and conveniently they shall be able to rule and to keep in propriety of life and manners, those subject unto them, thinks it meet that the bishops be first of all admonished to remember, that they are pastors, and not strikers,[1] and that they ought so to preside over those in subjection to them, as not to lord it over them,[2] but to love them as sons and brethren; and to strive, by exhorting and admonishing, to deter them from what is unlawful, that they may not be compelled, should they transgress, to coerce them by due punishments. Should they, however, happen to sin in any manner through human frailty, that precept of the apostle is to be observed by them, that they reprove, entreat, rebuke them in all kindness[3] and patience, since benevolence towards those to be corrected often effects more than austerity, exhortation more than menacing, charity more than power. But if, on account of the grievousness of the transgression, there be need of the rod, then is rigour to be used with gentleness, judgment with mercy, severity with lenity; that so discipline, salutary and necessary for the people, may be preserved without harshness; and that they who are chastised may be amended; or, if they be unwilling to repent, that others, by the wholesome example of their punishment, may be deterred from vices; since it is the office of a pastor, at once diligent and kind, first to apply gentle fomentations to the disorders of his sheep, afterwards, when the grievousness of the distemper may require them, to proceed to sharper and more painful remedies; but if not even these are effectual in removing those disorders, then is he to free the other sheep at least from the danger of contagion. Whereas, therefore, those guilty of crimes, for the most part, in order to avoid punishment, and to evade the judgments of their bishops, pretend to have subjects of complaint and grievance, and, under the subterfuge of an appeal, impede the process of the judge, [this synod,] in order to prevent a remedy, which was instituted for the protection of innocence, from being abused to the defence of iniquity, and that this their craft and tergiversation may be met, hath thus ordained and decreed: In causes respecting visitation and correction, or competency or incompetency, as also in criminal causes, there shall be no appeal, before the definitive sentence, from the bishop or his vicar-general in spiritual matters, from any interlocutory sentence, or other grievance[4] soever; neither shall the bishop, nor his vicar, be bound to defer to any such appeal, as being frivolous; but they may proceed to ulterior measures, that appeal, or any inhibition whatsoever, emanating from a judge of appeal, as also every usage and custom even immemorial, to the contrary notwithstanding; except that the said grievance cannot be repaired by the definitive sentence, or that there is no appeal from the said definitive sentence; in which cases the statutes of the sacred and ancient canons shall remain untouched.
CHAPTER II.
When an Appeal in Criminal Causes from the Bishop is to he committed to the Meropolitan, when to one of the nearest Bishops.
A case of appeal, where there is room for appeal, from the sentence of the bishop, or that of his vicar-general in spiritual matters, shall, if it shall happen to be committed by apostolic authority to judges on the spot, be referred to the metropolitan, or even to his vicar-general in spiritual matters; or if he be for some cause suspected, or be distant more than two days' journey, as settled by law,[5] or if the appeal be made from him, it shall be committed to one of the nearest bishops, or to their vicars, but not to inferior judges.
CHAPTER III.
The Acts of the First Instance shall, within Thirty Days, he given gratuitously to the Accused Appellant.
The accused who is in a criminal cause an appellant from the bishop, or from his vicar-general in spiritual matters, shall absolutely produce, before the judge to whom he has appealed, the acts of the first instance; and the judge, without having seen them, shall by no means proceed to the absolution of the accused. But he, from whom the appeal is made, shall furnish, on the demand [of the appellant], the said acts gratuitously within thirty days; otherwise such case of appeal shall be terminated without them, in the way that justice may recommend.
CHAPTER IV.
In what manner Clerks[6]are, on accord of Grievous Crimes, to he degraded from Holy Orders.
But whereas crimes so grievous are sometimes committed by ecclesiastical persons, that, on account of the atrocity thereof, they must be deposed from holy orders, and delivered over to a secular court: in the which case a certain number of bishops is, according to the canons [7] required; and, should there be a difficulty in assembling them all, the due execution of the law would be delayed; and, should they on any occasion be able to be present, their residence would be interrupted,—therefore hath the synod ordained and decreed, that it shall be lawful for a bishop, by himself, or by his vicar-general in spiritual matters, even without the presence of other [bishops], to proceed against a clerk, even against one who is constituted in. the sacred orders of the priesthood, even unto his condemnation, as also to his verbal deposition; and he shall by himself be able to proceed even to actual and solemn degradation from the said ecclesiastical orders and degrees, in the cases wherein the presence of other bishops, in a definite number, is required by the canons;[8] abbots, however, who have the right of using the mitre and crozier by apostolic privilege, if so be that they can be found in the city, or diocese, and can conveniently be present, being called in, and assisting him in this matter; or, in their default, other persons constituted in ecclesiastical dignity, who are of weight by their age, and recommended by their knowledge of law.
CHAPTER V.
The Bishop shall take Summary Cognizance of Graces referring to the remission of a Sin, or a Punishment.
And because it sometimes happens that, under false pleas, which yet seem probable enough, certain persons artfully get possession of[9] graces, by which the punishments inflicted upon them by the just severity of the bishops are either wholly remitted, or are mitigated; whereas it is a thing not to be borne, that a lie, which is so exceedingly displeasing to God, should not only itself go unpunished, but even obtain the pardon of another crime for him that tells it; [the synod] hath for this cause ordained and decreed as follows:—A bishop, residing at his own church, shall of himself, as delegate of the Apostolic See, even summarily take cognizance of the surreption or obreption of any grace, obtained under feigned pleas, for the absolution of any public crime or delinquency, concerning which he himself had commenced inquiry, or for the remission of a punishment to which the criminal had by himself been condemned; and he shall not admit the said grace, after that it shall have been lawfully evinced, that it was obtained by the statement of a falsehood, or by the suppression of the truth.
CHAPTER VI.
A Bishop shall not he cited in person, save in a Case of Deposition or Deprivation.
But whereas those subject unto a bishop, even though they have been justly chastised, do nevertheless often bear him violent enmity, and, as though they had suffered some wrong, are wont to object false charges against him, in order that they may annoy him by what means soever lie in their power, the fear of which annoyance doth for the most part render him more backward in inquiring into and punishing their delinquencies; therefore, lest a bishop be compelled, both to his own great inconvenience and that of his church, to abandon the flock intrusted to him, and that he may not be forced, to the diminution of the episcopal dignity, to wander about, [the svnod] hath thus ordained and decreed:—A bishop, even though he be proceeded against ex ojfficio, or by way of inquiry, or denunciation, or accusation, or in any other way soever, shall not be cited or admonished to appear in person, except for a cause for which he might come to be deposed from, or deprived of his office.
CHAPTER VII.
The Qualifications of Witnesses against a Bishop are described.
The witnesses in a criminal cause shall not be received against a bishop, whether for information or proofs, or in any other way touching the leading points of the case, unless their testimonies agree, and they be of good converse, esteem, and reputation; and if they shall have made any deposition through enmity, rashness, or motives of interest, they shall be mulcted in grievous penalties.
CHAPTER VIII.
Important Episcopal Causes shall he taken cognisance of by the Supreme Pontiff.
The causes of bishops, when, on account of the quality of the crime objected, they have to appear [in person], must be brought before the sovereign pontiff and by him be decided.