Title XVI: On the Office of an Ordinary

An archbishop cannot appoint officials for himself in the dioceses of his suffragans, even for future causes to be devolved upon him by appeal, unless he has this by custom; and even then such officials cannot issue prohibitions before an appeal has been made. — § 1. For as long as the archbishop can readily be reached, his official cannot excommunicate, suspend, or interdict a suffragan, out of reverence for the episcopal order—or, more properly stated, office. This is what it says in summary. John Andrew.

Innocent IV at the Council of Lyons. The Roman Church—(And below:) We also prohibit the Archbishop of Reims from appointing forane officials in the dioceses of his suffragans, because, since canonical institutes prohibit metropolitans from entering the dioceses of their suffragans so that they may judge, dispose of anything, or perform some other act there by their own authority, they can by no means exercise this in those dioceses through others. Nor, because they can delegate causes carried to them by appeal within the dioceses of their suffragans, is it similarly lawful for them to appoint in those dioceses officials who in their place, when an appeal is made to them, issue citations or prohibitions or restrain rebels in this regard. For in causes devolved upon them by appeal they are known already to possess jurisdiction, on account of which they can lawfully commit their functions concerning them. It is not so, however, in other causes in which an appeal has not yet been made; and therefore they ought not to appoint anyone to issue citations and prohibitions in future causes of appeal, unless the Church of Reims obtains something else concerning the appointment of such officials by a special custom. Even if officials of this kind can by custom be appointed in the province of Reims, we wholly prohibit them from issuing prohibitions against proceeding in causes before an appeal is made to the curia of Reims.

§ 1. The officials of the Archbishop of Reims, for as long as he is in his province or near it, are not to attempt to pronounce sentences of interdict, suspension, or excommunication against the suffragans. We command that this same provision be observed by officials of other metropolitans concerning their suffragans, to whom we will deference to be shown in this regard out of reverence for the pontifical office.

Canons who can cease from divine services by custom or another law, if they wish to cease, are to express the cause of their cessation in a public instrument or open letters fortified with their own or another authentic seal, and are to exhibit it or them to the person against whom they cease. If this is omitted, or the cause expressed is not found legitimate, they are to restore whatever they received from the church in the meantime, are not to receive the things they ought to receive, and are to make satisfaction for injuries to the person against whom they cease. If the cause is found legitimate, that person is liable for the canons’ interest and for a definite amount to the church, to be assessed at the superior’s judgment. Finally, the custom by which images of saints were placed upon thorns and nettles during the said cessation is rejected, and persons acting to the contrary are decreed to be gravely punished. John Andrew.

Gregory X at the General Council of Lyons. If canons wish to cease from divine services, as in certain churches they claim for themselves by custom or otherwise, before they proceed in any manner to such a cessation, they are to express the cause of the cessation in a public instrument or open letters fortified by the protection of their own seals or another authentic seal, and deliver that instrument or those letters to the person against whom they intend to cease. They are to know that if they cease after omitting this, or if the cause they expressed is not found canonical, they will restore everything they received during the time of cessation from any proceeds of the church in which the cessation occurred. They will in no way receive the things owed to them for the same time, but those things are to fall to the church itself; and they will nevertheless be bound to make satisfaction for losses and injuries to the person against whom they had ceased.

But if that cause is judged canonical, the person who gave occasion for the cessation is to be condemned for the entire interest of the said canons and of the church from which its due office was withdrawn by his fault, in a definite amount to be assessed at the superior’s judgment and converted to the increase of divine worship.

Furthermore, wholly rejecting the detestable abuse of the horrible irreverence of those who, treating with irreverent audacity images or statues of the cross, of the Blessed Virgin Mary, and of other saints, cast them upon the ground and place them upon nettles and thorns in aggravation of a cessation of this kind, we strictly prohibit anything of this kind from being done henceforth. We decree that a hard avenging sentence is to proceed against those who act to the contrary, punishing the offenders so gravely that it restrains others from presuming similar things.

The Pope decrees that persons having several dignities or other benefices with the cure of souls are to be compelled by their ordinaries to exhibit, within a suitable time to be established at the superior’s judgment, the dispensations that they have; if they do not exhibit them, proceedings are to be taken just as though they had none. If they exhibit them and they are sufficient, they are not to be troubled further, provision being made that the cure of souls is not neglected in the aforesaid benefices. But if there is doubt about a dispensation, recourse is to be had to the Apostolic See. Another benefice is not to be conferred upon persons holding several similar benefices unless a sufficient dispensation is exhibited; and then it is to be conferred only if by the dispensation they can retain it with the others, or if they have renounced the earlier ones. Otherwise, a collation made does not hold. John Andrew.

The same. The ordinaries of places are strictly to compel their subjects who hold several dignities or churches to which the cure of souls is attached, or a personatus or dignity with another benefice to which a similar cure is annexed, to exhibit, within a time to be moderated at the judgment of those ordinaries according to the character of the fact, the dispensations by authority of which they assert that they canonically hold churches, personatuses, or dignities of this kind. But if, no just impediment existing, it happens that no dispensation is exhibited within that time, the churches, benefices, personatuses, or dignities that it is established are by that very fact illicitly detained without any dispensation are to be freely conferred upon suitable persons by those to whom their collation pertains.

Furthermore, if a dispensation exhibited manifestly appears sufficient, the person exhibiting it is by no means to be troubled concerning benefices of this kind that he canonically holds. Nevertheless, the ordinary is to provide that neither the cure of souls in those churches, personatuses, or dignities be neglected nor the benefices themselves be defrauded of the services owed. But if there is doubt about the sufficiency of the dispensation exhibited, recourse is to be had concerning this to the Apostolic See, whose part it is to determine what measure it wills its own favor to have.

Moreover, in conferring personatuses, dignities, and other benefices having the cure of souls annexed, the same ordinaries are to observe such diligence that they do not presume to confer a personatus, dignity, or other benefice having a similar cure of souls upon anyone holding several similar benefices before a dispensation manifestly sufficient concerning those held is shown to them. Even when it has been shown, we will that the collation be proceeded to only if it appears through the same dispensation that the person to whom the collation is to be made can freely retain such personatus, dignity, or benefice with those held, or if he freely and voluntarily resigns those that he thus holds. Otherwise, a collation made of such personatuses, dignities, and benefices is absolutely of no moment.

The Pope commands prelates not to prohibit subjects from disclosing the state of churches and persons to superiors conducting inquiries, nor to bind them by oaths, promises, obligations, or other penalties to conceal it. He decrees that anything done to the contrary is void and empty, that sentences, oaths, promises, or penalties do not bind, and commands the same superiors to punish presumptuous persons with a fitting penalty. John Andrew.

Boniface VIII. Because many prelates, not without great audacity of temerity, sometimes prohibit their subjects from intimating or explaining the state of their churches, monasteries, or places, of the persons and their property, to the prelates’ superiors, to legates of the Apostolic See, or to inquisitors deputed by that See to inquire, correct, and reform in those churches, monasteries, or places, or to any other persons through whom this can come to the knowledge of the aforesaid persons—pronouncing against them, if they act otherwise, sentences of excommunication, suspension, or interdict, and nevertheless binding them to conceal this by oaths, promises, obligations, and other penalties—we, wishing to meet this malice, lest inquiry, correction, or reform in the same churches, monasteries, and places, when they are to be made, be impeded under such a pretext, strictly prohibit henceforth the foregoing acts and each of them from being attempted.

We decree by apostolic authority that whatever has been attempted contrary to the present prohibition possesses absolutely no firmness, and that no one is in any manner bound or constrained by sentences, oaths, promises, obligations, or penalties of this kind. Moreover, lest their temerity pass unpunished in any manner, we command that those presumptuous persons be chastised with fitting correction by the aforesaid superiors, legates, or inquisitors.

Jurisdiction attributed to an archbishop in one diocese does not benefit him in others. This is what it says. Zenz.

The same. So that litigants may be relieved of labors and expenses, we decree that an archbishop is not to hear, or commit to be heard, causes carried to him by appeal or otherwise by metropolitan law anywhere except in his own city or diocese, or in those places in which an appeal was made or the causes themselves are known to be situated, unless by custom something else belongs to him in this regard.

If a bishop, when he is able, visits his diocese through another, he has to provide that person with necessities; those visited, however, will provide the visiting vicar with victuals, and not the bishop. This is what it says. John Andrew.

The same. If a bishop causes his diocese to be visited by another where this is permitted to him by law, although he himself has to provide that person with other necessities, nevertheless those who are visited are bound to furnish the visiting person with the expenses of victuals, since according to the Apostle it is not a great thing if temporal things are reaped by the person through whom spiritual things are sown. Nevertheless, when the same bishop does not visit personally, he can or ought to exact absolutely nothing from those who were visited through the person whom he deputes.

In every non-exempt place of the diocese, a bishop can sit as a tribunal through himself or another and freely execute the things pertaining to his office. John Andrew.

The same. Since a bishop is known to have ordinary jurisdiction throughout his entire diocese, there is no doubt that in every non-exempt place of that diocese he can, through himself or another, sit as a tribunal, hear causes pertaining to the ecclesiastical forum, seize ecclesiastical persons when their excesses require it and commit them to prison, and freely exercise the other things pertaining to his office.

Canons who can cease from divine services, when they wish to cease, will summon absent persons just as if an election were impending, and will deliberate with them concerning the cessation. If they resolve to cease, they will first require the person against whom they cease to amend the offense inflicted. If he does so, they will not cease; otherwise, they will be able to cease in such a way that, within one month from the cessation, each party—both the party ceasing and the person against whom they cease—sets out to go to the Pope, either personally or through sufficiently instructed procurators, unless concord intervenes between them in the meantime. Continuing the days of journey, they are to present themselves before the Pope as soon as they can, so that, both parties being present or one contumaciously absent, the Pope may decide the business and punish the culpable; and if the party ceasing does not observe the foregoing provisions, the cessation is not to be observed. John Andrew.

The same. Although sufficiently manifest institutes concerning cessations from divine services—which are many times attempted without reasonable cause by chapters, convents, or colleges of secular or regular churches—emanated from our predecessors Innocent III and Gregory X of happy memory, nevertheless, because after those institutes it has frequently been discovered that those cessations were made irrationally, we, to avoid so pernicious an abuse, with the counsel of our brothers strictly prohibit that those cessations be attempted by a secular or regular chapter, college, or convent of any church unless all persons have been summoned as they are to be summoned for the business of an election, diligent deliberation has been had, and the bishop or any other cleric or layman, of whatever dignity, pre-eminence, condition, or status, on account of whose injury or offense the cessation appears to be made, has, after the aforesaid summons and deliberation concerning cessation, been required to amend the injury or offense inflicted. Even then they are not to cease if they have obtained suitable amendment from him, or if it was due to them that they did not obtain it.

But if, the foregoing provisions having been observed, the chapter, college, or convent of some church determines that the cessation is to be proceeded to, then within the space of one month each party—namely, those who cease and also those on account of whose act there is a cessation from divine services—is to set out, personally or through suitable procurators with the muniments and acts pertaining to the business itself, on the journey to the Apostolic See, unless, concord supervening between them, that cessation ceases. Continuing the days of journey, they are to present themselves before the apostolic presence as soon as they conveniently can, so that, the parties being present, or one being present and the other neither coming nor sending, the business may be examined at the same See. Besides the other penalties established by the said canons, the party found culpable in the foregoing matters is, if it seems expedient to the Roman Pontiff, to learn through a teaching penalty how greatly it transgressed—whether it reasonably gave cause for the cessation made or ceased without reasonable and manifest cause.

Moreover, if the party ceasing from divine services does not observe the things written above, both in ceasing and in coming or sending to the Apostolic See, the cessation is not to be observed; notwithstanding it, divine services are to be celebrated in that church as before.

First, he establishes a constitution that the goods of vacant dignities or churches are not to be occupied by those to whom collation or custody pertains unless this belongs to them by a special right, and imposes a penalty upon persons acting to the contrary. Second, he shows which goods are understood when this belongs to someone by a special right. Third, he says that the decretal “Quia saepe,” above in the same book under the title On Election, is not corrected. John Andrew.

The same. By the present edict we prohibit bishops or their superiors, abbots, or any other regular or secular prelates, or any ecclesiastical persons, from presuming in any manner, while dignities, personatuses, priories, or any churches subject to them, or pertaining to their collation, ordering, presentation, or custody, are vacant, to occupy or convert to their own uses the goods found in those institutions when their rectors or ministers die, or accruing during the time of their vacancy, which ought to be spent for their utility or faithfully reserved for future successors, unless this is known to belong to them by a special privilege or a custom already lawfully prescribed, or another reasonable cause. Otherwise, bishops and their superiors are to know themselves suspended by that very fact from entrance into the church, and the others from office and benefice, until they have made restitution of the aforesaid goods.

Moreover, where any of the aforesaid persons asserts that the goods stated above belong to him by privilege or custom, or for another reasonable cause, this ought to be understood only of those goods found to remain after debts, if there are any, have been paid and suitable provision has been reserved for servants and ministers and for supporting incumbent burdens until new revenues arrive.

Indeed, we will that the constitution we specially issued above against chapters, colleges, convents, or individual persons occupying the goods of vacant cathedral, regular, or collegiate churches is not derogated from in any respect by the present constitution, which we judge to apply to dignities, personatuses, priories, and other churches.