Title — Liber Sextus

Title V: On an Ailing or Disabled Cleric

English · Latin · Both

1.

Chapter I

The appointment of coadjutors for bishops and their superiors is among the greater causes and belongs to the Pope alone. A bishop impeded by old age or perpetual infirmity can nevertheless, with the consent of his chapter or its greater part, assume by apostolic authority one or two coadjutors for himself; and if he is mentally incapacitated, the chapter or two thirds of it do this. But if the bishop contradicts, the chapter shall then innovate nothing, but shall notify the Pope of the condition of the bishop and church as quickly as it can. Those coadjutors shall have moderate expenses from the revenues of those prelates. John Andrew.

Boniface VIII.

Executing the duty of the pastoral office, we declare and establish that the appointment of coadjutors for bishops and superior prelates is to be understood as among the greater causes, is to be referred to the Apostolic See, and, notwithstanding any contrary custom, is to be requested from it alone. But lest under this pretext churches, especially those situated in remote places, suffer losses, we, wishing to guard against harm to them in this regard, decree by this general constitution that a bishop burdened by old age or bodily ill health, or otherwise so perpetually impeded that he cannot exercise his office, can, with the counsel and consent of his chapter or its greater part, assume by apostolic authority one or two coadjutors to execute the said office. But if the bishop is mentally incapacitated and does not know or cannot express what he wishes or does not wish, then his chapter or two thirds of it shall by the same authority assume one or two suitable coadjutors to execute his office.

But if a bishop, burdened by old age or an incurable disease, or detained by a perpetual impediment, is rendered incapable of executing his office and is unwilling to assume or have a coadjutor, although requested by his own chapter, perhaps asserting that he does not need the coadjutor's assistance, then nothing shall be innovated by the chapter; but in this case and also the immediately preceding one, that chapter shall, as quickly as it can, faithfully and explicitly report to the knowledge of the said See the condition and state of its bishop and church and all the circumstances of the fact, humbly to receive and effectually to fulfill whatever the See itself happens to ordain concerning this.

We also add to the present enactment that coadjutors of this kind shall receive moderate expenses from the revenues of the prelates to whose assistance they are assumed, entirely abstaining from making any alienation whatsoever of the ecclesiastical goods of those prelates or their churches, and that they shall render a full account not only in a strict examination, but also to the same prelates, if they are of sound mind, and to their chapters, or even to the successors of those prelates if they have not done this previously. Moreover, we wish and understand that what is premised concerning bishops is also to be referred to superior prelates.