Mhf44 n7C YALE UNIVERSITY ^> LIBRARY ^ THE REFORM OF ENGLAND DECREES OF CARDINAL POLE, LEGATE OF THE APOSTOUC SEE; PROMULGATED IN THE YEAR OF GRACE 15.56. TRANSLATED FROM THE ORIGINAL ALDINE EDITION, AS PUBLISHED AT ROME IN 101,2, BY HENRY KAIKES, M.A. REGISTRAR OF THE DIOCESE OF CHESTER. AN INTRODUCTORY ESSAY ON THE CHARACTER AND TIMES OF THE AUTHOR. CHESTER: A. D. 1839- PRINTED BY R. H. SPENCE, EASTGATE STREET ; AND SOLD BY \V. H. DALTON, BOOKSELLER, COCKSPUK STREET, LONDON ; BOULT AND CATHERALL, AND SEACOME, BOOKSELLERS, CHESTER. INTRODUCTORY PREFACE, THE TRANSLATOR. PREFACE At .1 time like the present when Popery is everywhere activp, and in some parts of our land decidedly successful, and on the increase ; when she has even shewn a sisterly desire to cleanse the Church of England from some of her imperfections and defilements, the dross of her temporal endowments, and the polluting connection with a Christian state: and when the Protestant Dis senters from the perusal, as we must suppose, of the history of past ages, no less than hy the example of the pious founders of their several sects, have been induced to place implicit confidence in the liberal intentions of the Romanists, with respect to the cause of true religion generally, and the Reform of the Church of England in particular ; the work of a Popish Prelate and Cardinal of the sixteenth century, on the subject of the Reform of tbe Church of England, is calculated to excite no little interest. And when it shall appear that the author, unlike most speculative Ru.. mers, enjoyed the rare felicity of being the principal agent in carrying his own plans into execution, curiosity is naturally heightened, and we are anx ous, bv comparing thc objects of this Reform with the means adopted for carrying it into execution, to form some estimate of the motives that then actuated the leaders of that faith, and which may not unfairly be supposedto guide their descendants of the present day in .imilar undertakings. Such an insight is afforded us by the work now submitted to the reader, being a collection of the decrees promulgated in 1556, by Cardinal Pole, for the Reform of the Church of England ; and which his high functions of Legate of the Holy See and Prime Minister to the Queen, placing him at once at the head of the Church and State, enabled him to carry systematically and completely into effect. Henry "VIII. had rather destroyed tbe Papal dominion in this country than established anything else in its place. Hi6 amiable and short-lived son was the real founder of the Protestant Church of England. From the chaos oi conflicting opinions and practices prevailing through the land he i'ormed a Church, in doctrines purely scriptural, and in its ceremonial retaining only such antient rites and observances as are authorised or not forbidden by scrip ture, and which were at the same time agreeable to the taste and manners ci the people. Auspicious as were these circumstances, the Reformation had still to contend with many and great difficulties. Among the greatest of these might be numbered the gross ignorance of the lowpr classes, which rendered the appeal vt. PREFACE. to scripture almost nugatory among a people who could not read, and in an age when books were still scarce even among the higher orders. Added to this, the poorer classes, in the neighbourhood of the great ecclesias tical establishments that had been suppressed, and whose eleemosynary duties had not yet been supplied by any system of parochial relief, felt keenly the loss of the indulgent landlords and resident benefactors, whose charities had not passed with their possessions to the lay usurpers. While such causes operated to retard the progress of the Reformation among the mass, and even tended to excite a prejudice against it, there can be no doubt that the recollection of the blood-stained tyranny, the arbitrary innovations, and profligate sacrilege of Henry, was associated in the minds of many with the great religious change effected in his reign in a manner extremely dis advantageous to the latter. And the false step taken by some of the Protestant leaders in espousing the cause of Lady Jane Grey, involved the whole body in the suspicion of having aimed at a change in the succession at once uncon stitutional and calculated to advance their own interests. Yet in spite of these many and great obstacles, Protestantism was undoubtedly making way both in the heads and hearts of the nation. An overwhelming majority of the educated classes were ranked on the side of the Reformation, as also were a large proportion of the masses through the southern and eastern parts of the country, and in the large towns. And few things are calculated to give a more striking proof of the immense power vested in the Crown at that epoch, or of the vigor and decision with which it was exercised, than the great change in the national religion brought about by Mary at her accession, decidedly as that change must have been opposed to the convictions and wishes of the higher and middling classes. This retrograde movement towards Popery, which Mary Tudor urged on from the moment of her accession to power, and which terminated in the tragic scenes of 1555 and 1556, is one of the most interesting circumstances in the annals of our country, and merits equally the attention of the constitutional and ecclesiastical historian. As illustrative of the motives, nature, and object of this reaction, the translation now submitted to the reader was undertaken. And as the original work must always be considered a part, and an essential part, of the records of that eventful epoch, it is hoped that the following pages, being the first English translation of a scarce Latin work, may be acceptable to the public, as rendering the curious if not valuable matter of the original accessible to a wider circle of readers. With respect to the style of the translation, Some apology should be made for the very bald and unadorned character of its execution. B is otrongly felt, that, in the translation of a work at once controversial and legislative, it would have been in the highest degree unfair, even in a single instance, to PREFACE. vn. sacrifice the exact meaning of the author to any happier turn of expression, or to veil the precision of au enactment hy any paraphrase, however graceful in our own language. While the want of elegance in the Latinity and technical stiffness of composition of the original, made the resolution more easily observed. The translation is made from the original Aldine Edition, published at Rome in the year 1562. It is an extremely scarce work in this country, and is generally found in conjunction with the Cardinal's other essays, De Concilio, respecting the Council of Trent, De Baptismo Constantini, and other works of equally little interest to the English reader. This work is limited to the collection o f the Decrees for the Reform of the English Church, or the Restoration of Popery, as promulgated in the Council held at Lambeth in the year 1556. In those decrees that relate to liberty of conscience and opinion Popery riots naked and unmasked ; while in those bearing rather on doctrine, some trifling reservation may be noticed with respect to the tenet of transubstantiation , and no mention whatever is made of the worship of images. Of the provisions for Church government and discipline, many have been adopted for their real usefulness by subsequent Acts of Parliament, or by the voluntary practice of the Bishops of the Church. Many others are curious from the picture they present of the manners and feelings of the age, and from their minute specification of details, and guarded and elaborate statement of the most obvious truisms. As some acquaintance with the life of this distinguished Cardinal may be deemed no unfit introduction to one of his most important works, I have subjoined a few brief notices of his life and adventures. Cardinal Pole was a younger son of Sir Richard Pole, Lord Montague, by a daughter of George, Duke of Clarence, the unfortunate brother of Edward tbe Fourth. He was consequently nearly related to the Crown, being second cousin to Henry the Eighth, whose mother was Elizabeth, the daughter of Edward the Fourth. Pole was born in the year 1500, at Staverton Castle, in Staffordshire, and was sent at the early age of twelve years to Magdalen College, in Oxford, where apartments were provided for him in the Master's lodge, and where he pursued his studies under the guidance of Linacre and William Latimer, at that time reputed the best scholars in the University. With the scandalous profusion with which in Popish times church preferment was heaped on certain favoured individuals, at the early age of 17 Pole was presented to the stall of Eoscomb, in Salisbury Cathedral, and only two years after to the Deanery of Exeter, and other valuable prefermt At this period he proceeded to Italy, to finish his education, and was allowed a pension from the Crown, in addition to the income arising from his various preferments. viii. PREFACE. He visited most of tbe foreign Universities, and passed a considerable time at both Padua and Venice. Many of the most eminent of the continental literati, including the celebrated Erasmus, hastened to pay their court to the wealthy and studious young Englishman. And he does not appear to have returned to England till the year 1535, when the King's projected divorce was the all engrossing topic of the day. The opinion of Pole on this important and ticklish question was of course eagerly sought ; and it is even said that the See of York, then vacant by the death of Wolsey, was offered to bias his decision in favour of the Crown ; but Pole gave only evasive answers, and soon after wards retired again to the Continent. From the more secure post of Liege he addressed letters of stern remonstrance to Henry, on the subject of his divorce and heretical separation from the Church. These epistles were answered by Dr. Sampson, which elicited Pole's able but sophistical treatise, De Unitate Ecclesiastica, in which he fiercely denounces the King of England, and exhorts the Empffor Charles to turn his arms rather against England than the Turks, as being still more at enmity with the Head of the Church. This was conduct which no Sovereign, and least of all Henry the Eighth, could leave unnoticed. Pole was peremptorily summoned to England, to account for his writings ; but prudently declining so perilous an invitation, he was deprived of his pensions and preferments, and soon afterwards attainted of high treason by an Act of Parliament expressly levelled against him. In the course of the year 1536, Pole proceeded to Rome, where his claims on the sympathy and respect of the Holy See were justly deemed considerable. And he was accordingly, though only in Deacon's-orders, raised to the dignity of a Cardinal, and appointed Nuncio to the courts of France and Flanders. In this capacity he visited Paris the following year, and thence proceeded to Cambray and Liege. From which points he was able to discharge the ostensible duties of hi. office and at the same time to keep up a close correspondence with the Popish and malcontent party in England, which seems to have been the real object of his mission. While thus employed iu stimulating and directing the insurgent spirit in England, and corresponding with thc Pope on the same subject, he yet with the usual veracity of his Church, indited a letter to Lord CromweU, Henry's minister, disclaiming all treasonable views and practices, and urging his restoration to favour and preferment. Such appears to have been the Cardinal's occupatiou for some years, but in 1545 we find him at Rome and at Viterbo, assisting at the great council of the Romish Church, which, from the place to which i, was subsequently removed, is generally known by the name of the Council of Trent On the great question of the authority of councils in genera], and o ecrees of this one in particular, Pole subsequently published a treat.,,.,. ...titled Do Concho. In the course' of the year 1548 the Cardinal addressed letters to PREFACE. ix. the English Regency, and to the young King Edward himself, urging the return of the nation to the Romish faith, and Papal dominion. In the follow ing year Pole had the singular fortune to be twice elected Pope by the Conclave, but on both occasions he declined the honour. Contemporary writers assert that his real reason for shunning so eminent a distinction was, that he aspired to marry the Princess Mary, the heir apparent to the English throne, and a bigoted adherent to the cause in which he had been himself a sufferer. With this view, though in the decline of life, and having held for some years the highest offices in the Church, he still continued in only Deacon's orders, to which clerical degree marriage is not prohibited by the laws of the Romish Church. Whether these were his intentions or not, it yet appears that suspicions of them were entertained by the parties most deeply interested in the result. For on the death of Edward VI. he was, at Mary's express request, appointed Papal Legate to England ; and on his way to his destination through the Low Countries he was detained by the influence of Philip, till that prince's marriage with Queen Mary had been duly solemnised. He was then permitted to land in England, his attainder was reversed, and after a gratifying reception- by the Queen and her husband, he was installed at Lambeth on Nov. 20th, 1 554. He was actively engaged in carrying through Parliament measures for restoring the old religion of the country, which met with a submissive and obsequious reception, discreditable alike to both branches of the Legislature. It is true that of the Bishops five sealed with their blood their adherence to the Reformed faith, but among the laity of both houses a culpable remissness in opposing the measures of the Court prevailed ; and in the Commons' House of Parliament one of the members for Shropshire, whose name and family are widely spread to this day through that and the neighbouring counties, is alone recorded as having by his speech and vote opposed the restoration of Popery. The fact wets, that at no other epoch of English history had so little liberty existed. The power of the Crown had enormously increased, while the Peers of the realm had been transformed by the change in manners from feudal chiefs to courtiers, and their number so reduced by the protracted civil wars and the atrocities of Henry the Eighth, that they felt themselves a small band distinctly and suspiciously watched by the Sovereign. And, on the other hand, the Commons had not yet, as an estate, risen to an importance that could warrant opposition to the imperious sway of the Tudors. That the Cardinal deeply participated in the guilt of the subsequent persecution is but too probable, though he had the address to shift the apparent activity on Gardiner and Bonner. For we find him consecrated Archbishop of Canterbury the very day after Cranmer irnt It was early in the year 1556 that the Ecclesiastical Synod was held at Lambeth, whose labours resulted in the promulgation of these decrees. ,:> PRE FACE. Their object is simply the full and complete restoration of Popery in its faith, its power, and revenues, accompanied by a few obvious and popular provisions against the insufficiency or immorality of the clergy, such as had already been sanctioned by the Council of Trent, and which any body of professing Christians that had the power of enforcing would wish to see enacted. Though the greatest scandal of the Church at that epoch, and which now can be scarcely conceived, the holding of benefices by children or foreigners, is not once adverted to. The ultimate restitution of all church property wrested by the laity is clearly contemplated, a scheme of Church Reform that could not have been very acceptable to the impropriating aristocracy, that had arisen like an exhalation under the genial rays of Henry's favour. An absolute abolition of the freedom of the press, and even of the tongue, is of course enjoined. And though the still severer penalties incurred by heretics is enveloped in a discreet veil of mystery and vagueness of expression, yet what those severer penalties were might be distinctly and unequivocally read in those wreaths of smoke and flame that were at that moment ascending to Heaven from Oxford and Gloucester — from Smithfield and Cambridge. Shortly after the publication of these decrees, from some cause that the contemporary historians have not mentioned, Pole incurred the displeasure of the then reigning Pontiff, Paul the Fourth, who even revoked bis Legateship, and appointed another ecclesiastic of the name of Peyto as his successor in that important office. But bis Holiness was subsequently moved by the strong and angry remonstrances of Mary, to reappoint a man who had been so instrumental in reconciling the nation to the Papal dominion. But the Cardinal did not enjoy his restoration to power many months, dying on the 18th November in the same year, 1558, about sixteen hours after Queen Marv had herself breathed her last. He was buried on the north side of St. Becket's Chapel, in Canterbury Cathedral. A learned noble, and a boy pluralist, an active and not over scrupulous politician, at once a bigoted Churchman and an able man of the world, a sincere and suffering devotee to his own faith, and a rancorous persecutor of all other denominations; he was a character made up of contraries, and such as could only be developed in the age in which he flourished, in which to his credit it may be added, few men have left a character so free from private vice, or acts of individual oppression. THE REFORM OF ENGLAND, FROM THE DECREES OF CARDINAL REGINALD POLE, LEGATE OF THE APOSTOLIC SEE, IN THE TEAR 1550. Reginald, by surname Pole, by Divine compassion, Cardinal Deacon of the holy Roman Church of Saint Mary, in Cosmo, Legate de latere of our most sacred Lord the Pope, and of the Apostolic See, to the most Serene Philip and Mary, Sovereigns of England, Defenders of the faith, and to the whole realm of England, in perpetual memory of the event. When Pope Julius the third, of happy memory, on the arrival of intelligence that the most Serene Mary, daughter of King Henry the Eight, at that time princess of England, and who had always shewn herself firm and consistent in the right faith and religion, had been declared Queen with the greatest agreement and unanimity of all, the said Pontiff was led to cherish a great hope, that this kingdom might be brought back to the Union of the Holy Catholic Church, from which it had been separated for many years. To accomplish this end as speedily as possible, from considerations of his pastoral duty aud fatherly love, he sent us as the special legate as well of himself as ofthe Apostolic See, to Queen Mary and to all this realm. Which burden, though unsuited to our shoulders, yet in obedience to his command and in reliance on the "Divine favour and grace, we have undertaken, and so much the more readily as we were also urged by the love that we owe to our native land ; and indeed it has happened chiefly through the benignity of God, who has deigned to look again on this people with the eyes of his mercy, as well as from the zeal, the labour, the most elevated piety towards God, of the most serene Queen Mary and King Philip, whom the Almighty has willed to be united to her in Matrimony as her assistant in this glorious and holy work, and to whom the same Pope Julius declared us legate subsequently. By these means, it has been brought about that this kingdom should return to the unity of the holy Catholic Church and the sway ofthe Roman Pontiff. And when in later days the above mentioned Pope Julius the first, and after him Marcellus the second, of happy memory, had departed this life, the most Reverend Lord John Peter Caraffa, Bishop of Ostia, had been raised to the loftiest station of Apostolic power, by the name of Paul the fourth, whom may God long preserve for a pillar to his church. It pleased His Holiness that we should con tinue in this office of legation, that those points might receive additional confimation, which had been already gained in the matter of that aforesaid unity ; and that this church of England, which from the misfortune of the past schism, had been very much deformed both in doctrine and practice, might be formed aeain on the model of the ancient fathers and of the sa canons We, therefore, desiring to obey the will of his pious Holiness, have determined as far as authorized by our office of legation, to apply to this very work of reforma tion ; and when after communicating our plan in this matter with certain Bishops we had conferred with them how it could be brought about with the greatest ease and convenience ; it seemed fit to assemble all the Bishops of this realm who might inform us of the abuses, and at the same time consult with us concern ing their remedies. Therefore both on that account, as likewise that an arrangement and disposition, for the glory of God and the good ofthe clergy and people, might be determined upon of that property, which, torn away from the church, by the injustice of former days, had been now restored to the clergy by the piety of their most serene Majesties, at this time, in preference to any other, at which the Bishops of the whole king dom have been assembled for Parliament in this royal city of London, and the whole clergy ofthe province of Canterbury have been collected, the most serene King and Queen much approving it from their piety ; We following the examples of Otho, of blessed memory, and of Othobon and other legates of the holy Apostolic See in this country, our predecessors, have by the Apostolic authority, granted to us in this legation which we are discharging, called together and held the assembly of Bishops and other clergy of this realm who have been accustomed to take a part in the Provincial Synods, either of right or from usage. In the which Synod after we had arranged almost every thing that related to the management of the Church property, we directed onr attention to the arrangement of those matters in the cause sforma- tion which seemed the most necessary, and indeed with so much the greater care and zeal, as His Holiness in letters written both to us and to all the Bishops, strongly urged us to it ; and approaching as near to the institutions ofthe sacred fathers, as reason and the weakness of the present age permitted, we have by the help of God enacted and decreed, with the advice and assent ofthe whole Synod, the rules contained in the following decretals. We therefore, earnestly in the Lord, exhort all and singular, the Archbishops, Bishops, and other Ecclesi astical persons of this realm, and enjoin them by the same Apostolic authority, that they diligently observe these constitutions so far as they respectively relate to any of them ; and we command the same Archbishops, and Bishops, and other prelates of the churches, that they take care these institutions are observed by whosoever are subject to their jurisdiction, restraining the disobedient and contumacious, by Ecclesiastical censures and other remedies of law, invoking even if need be, the aid of the secular arm. And we at the same time decree null and void whatever has been otherwise attempted respecting them, by the interfer ence of any one ; but inasmuch as it is difficult for these actual letters to be carried about everywhere where they should be sent, we will, and by Apostolic authority decree, that the same credence be given to copies of them confirmed by the seal of some person of establish ed Ecclesiastical dignity, which would be yielded to the originals themselves when exhibited or shewn. And that these decrees and constitutions may be brought to the knowledge of all, we charg< ~ he same Apostolic authority, all the Ordinaries of districts, that they publish them, or cause them to be published in their churches, either personally or through the medium of others ; and which decrees shall after publication, as much bind those whom they affect, as if they had been personally intimated to them. THE FIRST DECREE. Concerning the thanks to be daily given to God in the celebration of the Mass for the return of this kingdom to the unity ofthe church, and concerning the annual celebration of the memory of that event. Since we deservedly acknowledge that the cause of the whole disfigurement of the church in this realm, and of all the evils which have arisen in very great numbers in past times, have sprung from this source, that departing from the unity and doctrine of faith of the Catholic church, we have left the authority and obedience of the Roman Pontiff, the Vicar of Christ and successor of Peter, for whose faith that it might not fail, Christ himself prayed; to which unity we are now returned by the immense mercy of God, after many errors of opinions and protracted turmoil ; that we seem not unmindful of so great a blessing or ungrateful for it, and that we may begin with imploring the Divine aid to confirm this blessing more and more every day, and to preserve and augment in us this faith. We have made this our first enactment and decree, with- the approbation ofthe present Assembly, that through all this kingdom in every celebration of Masses on Sundays and Feast-days, except on the two greater feasts, after the other Collects, the hereinunder written form should be used, the insertion of which in Missals, to be hereafter printed, will be provided for. But as Othobon, of happy memory, the Cardinal of the Holy Roman Church and Legate of the Apostolic See in these parts, in conjunction with all the Prelates ofthe realm, as is found written in his constitutions, had piously given his sanction, that in acknowledge ment of the restoration of peace to this country after the various dissensions and intestine wars with which it had been troubled, that there should annually through the whole kingdom be a solemn procession, in which the people should give thanks to God for the blessing of peace received, and pour forth their prayers for its continuance. We, following the precedent of the so pious enact ment of the Cardinal and Legate aforesaid, do decree, in every year in all Cities, Towns, and Villages of this kingdom, on the feast of St. Andrew the Apostle, on which day the peace and reconciliation of this land with God and his Church was effected, that a solemn procession should be performed, assembling in which, not only all the Clergy of every place, but also the faithful members of Christ ofthe secular order, should renew the memory of so signal a blessing received from God, and shew themselves thankful by alms-giving and other pious works ; and that on that very day in the Church whence the procession shall set out, amidst the solemn rites of the Mass, a sermon be addressed to the people in which the reason of this solemnity may be explained ; or in cases where a preacher is not to be had, a homily, which shall be proV ~ for the explanation of this matter, shall be read to the people by the Parish Priest : and the Ordinaries of the re spective districts shall take care, that this decree be observed in all places of their jurisdiction, under the sanction of penalties to be inflicted at their discretion. THE SECOND DECREE. Respecting ordinances and opinions, the reception and rejection of books, and the public teaching of the Canon law. Since after the rejection of the sway ofthe Roman Pontiff and ofthe Apostolic See, the authority of the Ec clesiastical laws was also laid aside ; and consequently false teachers began to be both admitted and listened to, and books of corrupt doctrine to be everywhere read, by means of which the people have been infected with various errors in the doctrine of faith, and most particularly respecting the Sacraments which are the chief foundations ofthe Christian Religion; and at the same time the respectability of life, both ofthe Clergy and people, and all other points relative to proper Church discipline have been palpably vitiated. We, therefore, with the approbation of the same Synod, replace and restore to their ancient rank, force, and usage in which they flourished before the schism, all the deerees ofthe Holy Councils as well of general ones, as those of Provincial Councils that have been received by the Apostolic See ; as also the enact ments ofthe Roman Pontiffs, not forgetting Ecclesi astical Laws promulgated in this realm by Canonic authority, so far as they have not been altered by the 3 decrees of this present Synod ; and we enact and com mand that they religiously and devoutly be observed by all to whom they appertain, and that transgressors of it be punished according to the Canons and above mentioned ordinances ; and further, that the Canon Law be publicly taught as heretofore. But inasmuch as it has been specially provided in those ordinances, which Otho, of happy memory, and Othobon, formerly Legates of the Apostolic See in this realm, and also the Archbishops of Canterbury, have from time to time promulgated in their Provincial Synods, in those at least, that relate to the right in struction and preservation of the Clergy and people of this realm in doctrine and practice, that no one should plead the excuse of ignorance for his defective observance of them, we, therefore enact, that not only Archbishops, Bishops, Deans, Archdeacons, Officials, and all others exercising Ecclesiastical authority, should possess the Ordinances above mentioned, as well as those decreed in this Synod, but that also all others to whom the care of souls is committed, should be expected to have, in addition to a volume of the Holy Scriptures of the old edition translated into Latin, and other books necessary for the discharge of their duty, the above Ordinances also, and should diligently read them, and if any thing doubtful occur in them relative to the understanding of them, they should consult more skil ful commentators, and from these Ordinances, should declare and expound whatever it is fitting for the people to know, on pain of punishment to be inflicted at the discretion of the Ordinaries, on those who have done otherwise. But lest the people be henceforth corrupted by the reading of books of vicious doctrine, we condemn and curse, in accordance with the Apostolic letters which are annually wont to be read publicly at Rome on the day of the Lord's Supper,* all who without having obtained licence from the Apostolic See, read the books of Heretics, or books liable to suspicion on matters of belief on any other ground whatsoever ; or even who have them in their possession, or print them, import them, sell them, or publicly or privately defend or extol them, under whatsoever colour or pretext they may have done so : and we command that they be punished with all the penalties heretofore enacted against them. Enacting also, in accordance to the general Decree of the last Lateran Council, that no one hereafter in this kingdom shall dare to print, or cause to be printed, any book or other matter in writing, under pain of the penalties contained in that Decree, and others still severer, as the degree of the offence may require, until it has first been carefully read and examined by the Ordinary of the place, or by some one or more others, deputed for that purpose by the Ordinary himself, and shall have been approved by the sub scription of his or their hands, to be affixed without fee to the work. But with all pious affection and reverence we recog nise and embrace all books and traditions respecting the faith and discipline of the Church, that have been up to this time approved or received by the Holy Roman Church, or hereafter shall be approved and received. And we enact, that they be received by all others with * Thursdav in Passion Week. 10 like obedience and reverence, under pain of Canonic censures and punishments. But that the people may know, when all the errors of former times have been got rid of, what doctrine they should follow and what avoid, we, in conjunction with this same Synod, and in accordance to the rules and opinions of the Holy Fathers, do reverently both recognise and embrace the whole body of that belief which the Holy Roman and Apostolic Church, the mother and mistress of all churches, doth hold and teach : and we decree that the same be done and openly professed by all. And in obedience to the Decrees and Traditions of the celebrated General Council under Pope Innocent the Third of happy memory, and of the other Councils, and of the Roman Pontiffs, and in the spirit of the Apostolic letters which are wont to be read on the day of the Lord's Supper, We damn and altogether reject every heresy that rears itself against this Holy Orthodox and Catholic faith, as like wise whatever is alien from it. We prohibit and forbid any opinion which is at variance or does not agree with the same faith, to be believed, practised, or taught. We damn and anathematise all Heretics of whatsoever description or kind, who believe, hold, and teach otherwise than the same Church of Rome believes, holds, and teaches. We also renew, and in every point command to carry into execution all censures and penalties enacted against Heretics and their sup porters, as also against Ordinaries and all others to whom this relates, who are remiss in extirpating heresies. But we exhort and entreat by the bowels of mercy of our Lord Jesus Christ, all who in past time have 11 fallen into any errors, and have not yet recovered their right mind, that they willingly depart from those errors, and acknowledge and embrace the truth ; and those again who by the grace of God have retained the Catholic faith, or have returned to it, we entreat that they persevere for ever in the same. But, inasmuch as the greatest amount of error has arisen on those points which relate to the doctrine of the Head of the Church and the Sacraments, we have thought fit to add here the true tradition of this doc trine, which was briefly and clearly laid down in the Eighth General Council, held at Florence, under Pope Eugenius the IV. of happy memory. We lay down, that the Holy Apostolic See and the Roman Pontiff hold the primacy over the whole world : and that the Roman Pontiff, in his own person, is the successor of the blessed Peter, the Prince of the Apostles, and is the true Vicar of Christ, the Head of the Church, and the father and instructor of all Christians ; and that to him, in the person of the blessed Peter, was granted by the Lord Jesus Christ, the full power of feeding, ruling, and directing the whole Church ; as is also contained in the acts of the (Ecumenical Councils and in the sacred canons. We reduce the true doctrine of the Sacraments of the Church under the following very short form, for the sake of more easily instructing as well the present as future Armenians.* * The Armenians, as not included in the Greek or Syrian churches, were looked upon as members of the Romish church; though, from their remote and insulated situation, supposed to be ignorant of many of its leading points of doctrine. C 2 12 Of the new Law there are seven Sacraments, viz., Baptism, Confirmation, The Eucharist, Penance, Ex treme Unction, Orders, and Matrimony ; the which differ widely from the Sacraments of the ancient Law, for they were not sources of grace, but only figured it as it was to be communicated through the passion of Christ ; but these sacraments of ours both contain grace themselves, and confer it on those that receive them worthily. The five first of these have been ordained for the spiritual perfection of each individual personally : the two latter for the guidance and propagation of the whole Church. For by Baptism we are spiritually born again : by Confirmation we are increased in grace, and strengthened in the faith. But, bom again and strengthened as aforesaid, we are nourished by the divine food of the Eucharist. Then if through sin we fall into sickness of soul, we are spiritually cured by Penance ; and, as far as is expedient for the soul, bodily cured also by Extreme Unction. By Ordination moreover the Church is governed, and spiritually multiplied; while by Marriage it is increased bodily. All these Sacraments have three requisites for their perfect accomplishment, viz., substance, as constituting the material made use of; words, as being the form of solemnization ; and lastly, the person of the Minister who solemnizes the rite with the intention of doine that which the Church does: of which if any one tail, the Sacrament is not perfectly accomplished 13 Among these Sacraments there are three, Baptism, Confirmation, and Orders, which impress on the soul an indelible character ; that is, a certain spiritual sign distinguished from all others : on which account they are never repeated in the same individual, but the other four do not impress such a character, and admit of repetition. Holy Baptism holds the first place of all the Sacra ments, since it is the door of the spiritual life ; for through it we are made members of Christ, and of the body of the Church. And as by the first man death entered upon all, unless, as the Truth says, we are born again of water and the spirit, we cannot enter into the kingdom of Heaven. The material of this Sacrament is true, natural water, nor does it signify whether it be hot or cold. The form is, I Baptise thee in the name of the Father, the Son, and the Holy Ghost. We do not, however, deny but that true Baptism may be effected by these words — " Let such a servant of Christ be Baptised in the name of the Father, and the Son, and the Holy Ghost:" or, " Let such an one be Baptised by my hands in the name of the Father, the Son, and the Holy Ghost." Since the chief cause whence Baptism has its virtue is the Holy Trinity, while the minister is merely instrumental who delivers the outward Sacrament. If the act which is performed through his ministration is accompanied by the express invocation of the Holy Trinity, the Sacrament is accomplished. 14 The minister of this Sacrament is the priest who has official competency to Baptise. But in case of necessity, not only a priest or a deacon, but even a layman or a woman may Baptise ; or even a Pagan or Protestant, provided he observes the form of the Church, and intends to do that which the Church does. The effect of this Sacrament is the remission of all sin, whether original or actual, and of every punish ment also which is due for that sin. Wherefore no satisfaction for past offences should be enjoined on those who are Baptised ; but in case of their dying before they commit any other sin, they immediately enter into the kingdom of Heaven, and the visible presence of God. The second Sacrament is Confirmation, in which the material employed is an ointment composed of oil, signifying clearness of conscience, and perfume, figur ing the odour of good report, both blessed by the Bishop. The form used is — " I mark thee with the sign of the cross, and confirm thee with the ointment of salvation, in the name of the Father, and the Son, and the Holy Ghost." The ordinary minister is the Bishop ; and while a simple priest may perform the -other unctions, this should be conferred by no one but a Bishop ; as it is read of the Apostles only, whose station the Bishops now hold, that they bestowed the gift of the Holy Ghost by the laying on of hands, as is clearly manifest on reading the Acts of the Apostles. For when, it is said, the Apostles that were in Jeru salem "had heard that Samaria had received the word " of God, they sent to them Peter and John, who when 15 i; they had come prayed for them, that they might " receive the Holy Ghost, for it had not yet come to any " of them, but they had only been baptised in the name " of the Lord Jesus. Then they laid their hands on " them, and they received the Holy Ghost." But now, in the place of that laying on of hands, Confirmation is appointed in the Church. Yet it is on record, that on certain occasions a mere priest has administered the Sacrament of Confirmation, with an anointing oil perfumed by the Bishop, by dispensation obtained from the Apostolic See, on reasonable and urgent grounds. The effect of this Sacrament is, that in it the Holy Ghost is given to strengthen us, as it was given to the Apostles on the day of Pentecost, to the end that the Christian may boldly confess the name of Christ ; and on that account the candidate for confirmation is anointed on the forehead, where is the seat of modesty, that he blush not to confess the name of Christ, and especially his Cross, which is to the Jews a stumbling block, and to the Gentiles, according to the Apostle, foolishness, on which account it is marked with the sign of the Cross. The third Sacrameut is that of the Eucharist, the materials of which are wheaten bread, and wine from the fruit of the vine, with which latter a very small quantity of water shall be mixed before consecration. But water is mixed with it on this account, that according to the testimonies of the holy fathers and 16 teachers of the Church, long since fully discussed, it is believed that the Lord himself instituted this Sacra ment in wine mixed with water. Also because this form agrees with the description of our Lord's Passion : for blessed Pope Alexander the Fifth says, quoting the blessed Peter — " In the oblations of the Sacraments which are " offered to the Lord amidst the solemn rites of the " Mass, bread alone and wine mixed with water are " offered in sacrifice. For neither wine alone nor water " alone, ought to be offered in the Lord's Cup, but " both mingled ; because both, that is water and blood, " are said to have flowed from the side of Christ. As " well also on another ground, that it is appropriate to " signify the effect of this Sacrament, which is the union " of Christian people to Christ. For water signifies " people, according to that expression ofthe Apocalypse, " ' Many waters, many people.' " And Pope Julius the First, after the blessed Sylves ter, says — " The cup of the Lord, according to the precepts of the canons, ought to be offered mixed with wine and water ; since we see in water the people is understood, and in the true wine the blood of Christ is displayed. Therefore, when wine and water are mingled in the cup, his people is united to Christ, and the mass of believers is coupled and joined to him in whom they trust." Since, therefore, the Holy Church of Rome, taught by the most blessed Apostles Peter and Paul, as well as all the other churches of the Latins and Greeks in which the brilliant lights of all holiness and learning 17 have shone forth, have from the commencement of the Church's origin so retained and do still preserve these doctrines, it seems very incongruous that any region whatsoever should vary from this universal and reason able observance. We therefore decree, that even the Armenians themselves should conform to the usage of the whole Christian world ; and that their priests in the offering of the cup shall mix a little water with the wine, as has been above stated. The form of this Sacrament are the words of the Saviour with which he solemnized the rite. For it is the Priest, speaking in the person of Christ, that solemnizes this rite, and by virtue of the form of words the substance of the bread is changed into the body of Christ, and the substance of the wine into his blood, so that the whole of Christ is contained under the form of the bread and the wine together: and in each fragment of the consecrated host and wine, should it be broken into parts, the whole of Christ is in like manner contained. The effect of this Sacrament, which it brings about in the soul of him who worthily partakes, is the union of the man with Christ : and as by grace the man is brought into the body of Christ and united to him, it follows that through this Sacrament grace is increased in those worthily partaking. And all the effect pro duced on bodily life by material food and drink, in the way of supporting, increasing, recruiting, and gratify ing, is brought about by this Sacrament on the spiritual life ; in which rite, as Pope Urban says, we keep up a grateful memory of our Saviour, we are drawn back from evil and strengthened in good, and advance towards an increase of virtues and graces. 18 The Fourth Sacrament is Penance, whose substance, as it were, is the act of Penance, which act is divided into three parts : the first of which is contrition of heart, to evince which the penitent must grieve for his sins committed, with the determination of not sinning for the future. The second division is the oral confession, in which the sinner must confess to his priest wholly and entirely all his sins that he remem bers. The third part is the satisfaction for _ sins, determined at the discretion of the priest, which is for the most part made by prayer, fasting, and alms giving. The form of this Sacrament are the words of abso lution, which the priest utters when he says — " I absolve thee," &c. The minister of this Sacrament is the priest, in whom is vested the power of absolving either by ordinary usage or by commission from his superior. The effect of this Sacrament is the abso lution from sins. The Fifth Sacrament is Extreme Unction, the material of which is olive oil blessed by the Bishop. This Sacrament ought not to be given except to a sick person whose death is apprehended. A person so circumstanced should be anointed in the following places : — In the eyes for seeing, the ears for hearing, the nostrils for smelling, in the mouth for tasting or speaking, in the hand for touch, the feet for motion, and on the loins on account of the sense of pleasure forcibly seated there. The form of this Sacrament is as follows : — " May the Lord be indulgent to you by this unction, and his own most pious mercy, in what ever you have erred in sight" &c. ; and similarly for 19 the other members. The minister of this Sacrament is the priest, and its effect is the healing of the mind, and, as far as is good for the sick, that of the body also. In reference to this Sacrament, the blessed Apostle James says — " Is any one sick among you4? Let him " bring in the elders of the Church, that they may " pray over him, anointing him with oil in the name " of the Lord. And the prayer of faith will save the " sick ; and the Lord will lighten him, and if he be " in sins they will be forgiven him." The Sixth Sacrament is that of Ordination, the material substance of which is that utensil the delivery of which confers orders. As priests' orders are con ferred by the delivery of a cup with wine, and a plate with bread in it ; deacons' orders by that of a book of the Gospels ; sub-deacons' orders by that of an empty cup, and empty plate over it ; and in like manner for the other grades by the delivery of the things belong ing to the respective offices. The form of priests' orders is this — " Receive the " power of offering sacrifice in the Church for the living " and the dead, in the name of the Father, and the " Son, and the Holy Ghost." And in suchwise for the forms of the other orders, as is contained at large in the Roman Pontifical. The ordinary minister of this Sacrament is the Bishop : the effect of it is the increase of grace, that the individual may be a fit minister. n -2 20 The Seventh Sacrament is that of Marriage, which is a sign of the union of Christ and his_ Church, according to the Apostle, who says—-' This is a great '• Sacrament; but I speak in Christ and in the " Church." Strictly, the effective cause of marriage is mutual consent, expressed by word of mouth at the time. But a threefold blessing of marriage is attri buted to it : the first is the rearing of children, and the bringing them up in the worship of God ; the second is the faithfulness which one partner ought to preserve to the other ; the third is the indivisibility of marriage, on this ground — that it signifies the indi visible union of Christ and his Church ; and though on account of fornication it is lawful to separate from the bed of the guilty party, yet it is not right to con tract another marriage, since the tie of wedlock law fully contracted should be for ever. Concerning the custody and administration of the Sacraments, and concerning the dedications of churches on a certain day, and the devout celebration of other festivals. By the authority of this Council, we have decreed to be enacted afresh the ordinance of John, Archbishop of Canterbury, of blessed memory, pro mulgated in the Provincial Council ; in the which ordinance it was piously and wisely enacted that in every Parish Church a screen should be erected with a lock and key of a decent respectability of appearance, suitable to the largeness of the cure and the income of the church, within which the most holy Sacra ment of the Eucharist may be preserved, not in a purse or bag, but in a clean linen cloth, folded up in a suitable box, so that it may be put back and taken out without any danger of diminishing the quantity : and 21 that the venerable Sacrament may be renewed every week. The punishment is likewise re-enacted against priests who are negligent in the preservation of the Eucharist, And we furthermore decree that that penalty be retained in its full extent, adding that this tabernacle above mentioned should be erected on the middle of the greater altar, so high as to be easily seen by all, and that it be so fixed as not to be easily removed by any one. But if it cannot conveniently be placed in that situation, then let it be placed on another altar, the next in size and dignity. The Ordinaries of the respective districts, com mencing the observation of this statute in their own churches, will see that the same is clone in other churches also, compelling those who are neglectful to observe this ordinance by deducting such a portion of the revenues of the Church as may suffice for this object, and by other remedies of law. Nor do we on that account exonerate others who, in addition to Rectors, are held liable to contribute for this object. We make the following additional clause to this ordinance for the honour of the Body of our Lord Jesus Christ, who is the brightness of eternal light, that in conformity to the old and praiseworthy usage of the Church of England, as also of other Provinces. that a lamp or wax taper burn before him continually ; but where the resources of the Church are insufficient, the local ordinaries must, as far as in them lies, take care to provide from some other source the means of restoring so respectable and pious an usage, which has been swept away in almost all Churches of this realm by the injustice of former times. 22 Moreover we re-enact all ecclesiastical ordinances established and promulgated, as well generally as of this kingdom in particular, respecting the custody of the baptismal font, the unction and sacred oil, and concerning the due, proper, and becomingly reveren tial administration of the Sacraments : and we decree that they be inviolably observed by all whom the matter concerns on pain ofthe punishments contained in them and others still severer, to be inflicted at the discretion of the ordinaries in proportion to the crime committed. Concerning the dedications of churches on a certain day and the devout celebration of such days of dedica tion and other festivals. In order that in the solemn rites of the dedications of churches, which we wish to be everywhere celebrated on the first Sunday in October, according to the ancient usage of this realm, the profane and irreligious customs of the vulgar of exhibiting vain shows, dances, revel- lings, and doing other things of that sort, be abolished, we enact that the Bishops carefully take heed that nothing of the kind be done henceforward ou that day, or on other feast days ; but that the people give devout attention to hearing the divine services • 'and that the disobedient they should restrain by ecclesiasti cal censures and other remedies of law, calling in if needful, the aid of the secular arm. THE THIRD DECREE. Concerning the residence of Bishops and of other clerks of inferior rank, as also of scholars and heads ot colleges. 23 Whilst the commencement of Church Reform should be made with those who have the care over others, it yet is found that this great abuse is prevalent among them, that many of them not residing on the cures entrusted to them, leave them to stipendaries, which circumstance has been the cause of almost all the evils in the Church. Wherefore, that this abuse may be done away with as far as may be, we in the first place greatly exhort in the Lord, and entreat by the bowels of mercy of Jesus Christ, all who are at the head of Cathedrals, even if they be metropolitan, or of other subordinate churches that have the cure of souls, that watching over themselves and the whole flock amid which the Holy Spirit has placed them, they govern the Church of God, which he has acquired by his own blood, for the salvation of the flock entrusted to them, and whose blood shall be required at their hands ; that they give their flock the presence that is due to them, and watch over their guardianship without any worldly distrac tions, and according to the precept of the Apostles, labour in all things and fulfil their ministry. Again, since we often see instances of men whom the fear of God does not excite to do their duty, yet being impelled by the fear of punishment, we re-enact all ecclesiastical ordinances, as well general as those peculiar and limited to this kingdom, that have been heretofore promulgated against non-residents. The individuals offending we wish to be compelled to residence even by the very terms on which they hold their benefices, and do so decree. 24 It shall still be lawful for the Ordinaries according to the Canon of Pope Gregory the Tenth, promulgated in the General Council of Lyons, to grant for a time the favour of a dispensation as reasonable or lawful grounds shall require. Moreover since dignities, rectories, and other eccle siastic offices of this kind and services in the Church of God, have been instituted with this intent, that there might be persons to preserve and increase Church discipline, in the capacity of overseers and rulers ; and as we see many men taking the emoluments of these dignities and offices, absent themselves from their own Churches and give no attention to them, to the great injury of those Churches. We therefore enact, that these persons be obliged to do their own duty, by stricter statutes of their respective Churches and Colleges, and by customs to be retained in full force ; so that henceforth all deans, provosts, and others hold ing any dignities, as well in Metropolitan Cathedrals, as in Collegiate Churches, and livings, offices, and duties, by whatever name they may be called, as also the heads of Schools and Colleges, should reside on their Cures and Colleges. The Archdeacons too should dwell on their Arch deaconries, or at the Cathedral Churches, as may seem most expedient to the Bishop of the See ; that they may bestow on their offices the attention that is due. But should any one absent himself from his Church, his Archdeaconry, or his College, beyond the vacation granted him by the statutes of the Church, he must be mulcted by his superior in proportion to the time 2o of his absence, in the revenues in whatsoever manner accruing to him by reason of his office, his dignity, or mastership. And these fines may be converted to theuse of the public table of the Cathedral Church which may have already been established, or hereafter shall be, for the maintenance of scholars. And if a still more pro longed absence give occasion for it, the clerk may be compelled to reside by other legal remedies, even to the sequestration of his dignity, office, or master ship, or any two or all of these preferments, according to the sanction of the canons. It may still be permitted to those holding dignities or offices of this kind, to be absent from time to time with leave of their superiors, on reasonable and lawful ground alleged, that has been approved by the major part of the chapter or the college. Inasmuch as the reason and ground for establishing canonries and prebends was this, that they who were chosen for those dignities might assist the Bishop, and aid him in the discharge of his duty, by their council and industry : and that they should labour in celebrating the divine services of the church from whence they derive their income : and as there are but very few who perform these duties, so that the churches themselves are now almost reduced to a desert, we enact and command that henceforward all canons, whether of metropolitan cathedrals or of collegiate churches, who by the terms of the foundation, by statute or by usage, are held to reside on their churches, be compelled to a personal residence in them, by a deduction of the income arising from their canonries and prebends, in proportion to the time they have been absent beyond the vacation granted to them by the ordinances of the church, 26 without the licence of their superior given them on lawful grounds, and unless the majority of the chapter shall have approved ; this deduction being taken from them and converted to the use of the above mentioned public table : and by any other remedies afforded by the law. But with respect to those who are not held to residence, by foundation, statute, or usage, if they possess a prebendal stall amounting to the value of ten pounds, unless they every year be found resident for one whole month in the church to which their stall belongs, or for a term of so much longer duration, as may seem fit to their superiors, and take their part in the divine services in the dress wont to be worn by canon residentiari.es of the same church, they shall forfeit the sixth part of the yearly income of their stall, to be disposed of for the benefit of the above school, as often as they have done otherwise. But those who hold a stall to the amount of twenty pounds yearly value, unless they shall have resided every year in the church to which their stall belongs for two months, either continuously or at intervals, or even a greater number of months, at the discretion ofthe above mentioned superior, and shall have ministered in the dress before stated, they may be deprived of the sixth part of the yearly income of their stall, to be set aside for the purpose already alluded to ; except in cases where by the ordinances of the church, or usage, or other lawful sanction, these revenues have been set apart for those who minister in holy things, or for pious uses, which exception we choose to be kept in mind in the other preceding chapters, where this thing is treated of. 27 We add this precept, that those emoluments called daily distributions, which are only to be received by those assisting at divine offices, shall not be shared by any one who has not taken his part in the offices, how just soever the preventing cause may have been, unless it has been such as is expressly sanctioned by law or by the ordinances of the church. But in regard of those who on account of their studies have been indulged for a certain period in not being held to proceed to those orders to which on account of the benefices they occupy they should go on, and in being allowed to receive the incomes of their livings notwithstanding non-residence. Inas much as most of these individuals reside in none of the universities in which general study is cultivated, but in places where there is neither the habit nor practice of study, and not a few of them living in the midst of general studies do anything else than pay attention to learning, we therefore to the intent that no one may be benefited by artifice or fraud in this matter, do charge all the local ordinaries, that hence- forwards before they grant indulgences of this kind to any subject to their jurisdiction, they should diligently inquire whether he be fit for study, and whether those branches of learning to which he professes to intend devoting himself, are such as suit his character, and are calculated to be useful to the Church, or whether this indulgence is sought from recklessness, or for the purpose of deception. Then if on a mature investigation of all these points they shall think fit to grant this indulgence. they should take care to ascertain in what countries E2 28 the absentee resides, what life he leads, and what progress he makes in learning. But should they discover that he lives idly or makes no progress in learning, they should revoke the indul gence, and compel him to take up the orders to which he is bound, and make him reside by the sequestration of his income and other remedies of law. But since plurality of benefices is the great obstacle to residence, and gives the clergy the opportunity of wandering about, we enact that whoever actually acquires two or more ecclesiastical benefices that are incompatible, should retain one only, whichever he may prefer ; and by the apostolic authority granted to us, we enable him without prejudice to the right of others to retain one benefice, in the event of his giving up the other or others. But the other or others which he cannot lawfully hold, he must publicly, in the presence of witnesses, resign into the hands of his ordinary, and actually give up within the space of two months, to be counted from the date of publication of this decree. Else that he be deprived of all his preferment, which we decree to be by law actually vacant, and the offender incapable of holding. But by the same apostolic authority granted to us, we think that on certain reasonable grounds, this retention for a short time of incompatible benefices of this kind should be yielded. But whoever in future shall presume to accept and retain at once two or more benefices having the cure 29 of souls, or on other grounds incompatible, without the dispensation or authority of the aforesaid apostolic see, whether in the way of an union for the life of the individual, or by commendam, or wardship beyond that limit which is. allowed by the constitution of Gregory, promulgated in the Council of Lyons, or under any other pretext or title, he should be deprived by law not only of his second and subsequent benefices that he as actually obtained, but even of his first one which he held regularly. We also enact anew and command to be put into due practice, in whatever manner they may have been commanded all the other decrees, ceremonies, and penalities contained in the ordinance of John the 22nd, of happy memory, and which commences, " Ye have heard," and in all other ordinances as well Apos tolic, as Provincial and Synodal, and those of the Legates of the Apostolic See in this kingdom, levelled against those who hold incompatible benefices of this kind, or job to get them. The local ordinaries should also compel all who hold two or more cures, or other incompatible Eccle siastical benefices to shew their dispensations for doing so, and in other respects should act according to the constitution of Gregory the llth, published in the Council of Lyons, which commences with the words, " The Ordinaries," the which ordinance we decree to be absolutely observed ; adding this injunction, that the ordinaries shall provide by the appointment of fit curates, and the assignment of a suitable portion of the income for their maintenance, that the cure of souls be in no wise neglected, nor the livings deprived of the services that are due. 30 THE FOURTH DECREE. That Bishops and others exercising the cure of souls should preach to the people, and that parish pnests should instruct children in the elements of faith. But as little or no good will be produced by the residence on their Churches of Bishops, and others of inferior grade having the cure of souls, unless the same persons discharge the pastoral office, which chiefly consists in the preaching of the divine word. And as in some places this abuse has sprung up, that the Bishops transferring the office of preaching to others, apply themselves to other duties against the example of the Apostles who have said, " It is not right for us to leave the word and serve tables;" which latter duty was nevertheless of the greatest piety as it consisted in relieving the poor. Therefore with approbation of this Synod, we enact, that all the Archbishops and Bishops be held to undertake personally the duty of preaching the word of God, according to the. command of Christ, and the Apostles, and the rule of the holy Canons ; and whensoever any lawful hindrance shall occur to pre vent them doing it, then in such case, according to the decree of Pope Innocent the Third, of happy memory, published in the General Council, which commences, "Among other things they should choose fit persons to discharge properly the duty of preaching," rectors, vicars, also and others having the cure of souls, should either personally or through other fit persons, if they are lawfully hindered themselves, feed the people com mitted to them with the wholesome food of preaching, 31 at least on Sundays and other feast days ; but should any neglect this necessary duty of preaching after one whole month's failure of his duty from the time he was warned by his superior, he may be compelled by him to do it by Ecclesiastical censures and other remedies of Law, and a respectable stipend may be assigned from the revenues ofthe benefice to some other person who can discharge that duty for him, until the incum bent at some time or other, recovering his right mind, may fulfil his office. But this requisite duty of preaching will be clearly complied with, not only by giving a public sermon, but even if the pastor should privately invite to him those of his entrusted flock, who he understands are erring from the right faith or good morals, and like a father and with all the affection of charity, teaching them, admonishing, exhorting, and if need be intimi dating them, endeavour to bring them back to the Catholic faith and the proper rule of life, and confirm in their holy purpose those whose life is correct both in faith and practice. But inasmuch as there are men who without a call, thrust themselves in as preachers, though the Apostle says, " how shall they preach unless they be sent ?" Men whom even God rebukes by his Prophet saying, " they did run and I did not send them." We ordain therefore to be observed, the decree of Pope Innocent the Third, of happy memory, which was published inthe General Council, by which it is forbidden under anathemas and other penalties, to be inflicted on him who obstinately perseveres, for any one unauthorized by the Apostolic See, or by the Catholic Bishop of his 32 Diocese, to dare to assume the office of a preacher, either publicly or in private, out of the Church he presides over. While the Bishop should instruct with all piety and zeal those whom he sends forth to preach, respecting both the matter and manner of their preaching, for many abuses have crept into this duty. This however will be the best injunction to give them, that first of all, they exhort the people to repentance, which is so much the more necessary, as we have more grievously offended God, and have received the greater blessings at his hands, in the deliverance of this kingdom from the most pernicious schism. And in the next place let the preacher diligently instruct and admonish them against those corruptions and abuses, both in doctrine and practice, which prevailed in the time of that schism, and with which even now the majority are infected. But as in many Churches there are no preachers, therefore that the people may not be defrauded of the necessary food of sound doctrine on account of the ignorance of rectors, vicars, and others having the cure of souls, certain homilies will be published, composed by pious and learned men, under the direction of this Synod, on those points, especially where most error has been committed in this country ; and these homi lies should be plainly and distinctly read, instead of a sermon to their intrusted flock, by such curates as are not capable of preaching. But as here the harvest is great, and the labourers few, the Lord ofthe harvest is in the first instance to 33 be intreated, that he would send labourers into his vineyard. In the mean while however, it will be the duty of Bishops to select certain preachers, who should traverse all parts of the Dioceses in such a manner that no part of the flock be altogether deprived of the wholesome food of God's word. This also will be the business of the same digni taries that those who are set over the cure of souls, should on all Sundays and other feast days, at a par ticular hour when they are not occupied by Divine services, invite the children of their parish to the Church, and there diligently instruct them in the first rudiments of their faith, in piety and in obedience to their God and their parents ; and they who shall have neglecte'd this duty, shall be compelled to it by those legal remedies which shall be deemed advisable. THE FIFTH DECREE. Concerning the life and respectability of the Clergy. Inasmuch as the example of life contributes a great degree of authority to the word, and is as it were a kind of preaching; on that account, men who preside over others must take care that they excel others as well in moral integrity and purity of life, as in that distinction of ruling their own house well, which is required of Bishops by the Apostle. Wherefore we admonish and entreat by the bowels of mercy of Jesus Christ, the Archbishops, Bishops, and other Prelates ofthe Church of this realm, that in accordance with the Apostle's doctrine, they live so soberly, chastely, and piously, that their life and conversation 34 may be an example to others, for piety and regulation of morals. They should not display any pride or pomp, nor use silk clothing, nor costly furniture ; their table should be frugal and sparing, whatever be the number of their guests or friends staying with them ; there should not be served up to table more than three, or at the most, four kinds of meat, besides fruit and confectionary ; for this larger allowance that we make is more from indulgence and consideration of the man ners ofthe age than from approving of it. The other attractions of the table should be charity, the reading of holy books and pious conversation. Prelates should also abstain from a numerous and superfluous establishment of servants and horses, and should be content with just so many attendants as are needed for the management of the cure entrusted to them, the government oftheir household, and the daily uses of life. They should also be careful respecting the morals and life of their dependents, since they con tract from the vices of others a disgraceful stain of infamy themselves ; and should take care that the lay- menin their service shoulddress quietly and respectably, both as to the quality and colour of their garbs. And that this moderation in expence be not attri buted to avarice, the whole surplus income of the Church, after deductions made for the necessary ex penses of themselves and dependents, and for meeting the burdens ofthe Church, should be distributed for the rearing up and nurture of Christ's poor, for the educa tion of boys and young men, in schools and learning, and in other pious works for the glory of God, the good 35 of our neighbour and the example of others, according to what the blessed Pope Gregory wrote to Bishop Augustin, respecting the distribution of Church Revenues. Let them be the fathers of the poor, the refuge and defence of the orphans, widows, and oppressed ; let them be assiduously employed in the study of the Holy Scriptures, and in those matters which relate to the government of the cure committed to them ; but abstain from secular business, and all those things which least suit the clerical order according to the institutes of the holy Canons ; so that in all points may be recognised the form of a flock truly organised. These same rules are also proposed for the guidance of the other clergy of inferior rank, for it is fit that the members agree with the head ; and to the end that they be altogether such, we enact, that the local Ordi naries take care that those holy and pious decrees, both of General Councils, as also of the Legates of tfie Apostolic See, and the Provincial Laws of this realm, touching the life and respectability of the clergy, be entirely observed by all the clerks of their jurisdiction, under pain ofthe penalties therein contained, and others also to be inflicted at their discretion. And that no one may pretend ignorance of these points, the above Ordinaries will take care, that all those rules which seem the most essential be reduced into a short abstract, and together with penalties incurred and the warnings that are proper, may be brought to the knowledge of all, either by public recitations or in some other way. F 2 36 But in order to remove certain abuses which in the corruption of the past time have crept into the morals and life of the clergy in this country, we have thought fit to make some special enactments respecting them, as follows : Since therefore according to the enactments of the holy Councils and Canons, by the ancient and laud able custom of the Church, it is not allowed to persons in the professed regular orders, nor even to the secular clergy to have wives ; yet, nevertheless, many after uttering their solemn profession and undertaking sacred orders, casting aside the fear of God and his laws, have not scrupled actually to contract marriages which may be rather termed shameless cohabitations to the great est disgrace ofthe religious and of the clerical order, the scandal of the public, and the destruction of their own souls. To provide therefore against the abuse as well in past as in future cases of this nature, we with the approbation of this same Synod, do condemn and re probate all such marriages actually contracted, as well by persons of the professed religious orders of either sex, as also by those of the secular clergy who have arrived at the sacred order of Subdeacon inclusively : and we pronounce and declare them to be legally im possible, illicit, and nefarious. And we command all the Ordinaries of this realm that they do by Ecclesias tical censures, and other remedies of law, separate and disjoin persons of this description, so in point of fact united, and by no means permit them to live together. And that they should proceed with severity according to the rule ofthe sacred Canons, against all who should defend marriages of this sort, or obstinately persevere iu them. 37 And that for the future nothing of the kind be com mitted, we enact that all the ordinances of the Canons, as well general as peculiar to this kingdom, levelled' against excesses of this kind, with all the sentences, censures, and penalties contained in them, be fully put in force and execution. Moreover since many Ecclesiastical persons of this realm, and even those holding preferment in the Church, and duly constituted in sacred orders, do yet, unmindful of their condition, not only neglect the dress and tonsure suitable to their order, but even involve themselves in worldly pursuits, and low and discredita ble employments, neither do they keep Canonic hours, nor apply to the study of learning, nor do any thing else in short which is consistent with their order, to the contempt of sacred laws, and to the disgrace of the clerical order. We, therefore, enact and decree, that whoever in any Church holds a prebendal stall, or pre ferment of whatsoever kind or description, be held to wear the clerical dress and tonsure, according to the sanctions ofthe Canons, and to altogether abstain from all business and occupations unsuitable to the clerical. order, or otherwise prohibited by law, and to attend to the Canonic hours and apply to the study of learning, and to do other things suitable to their individual character and to their order, and to the preferment held by them. But if any one after warning from his ordinary, shall persist in such abuses, he should be compelled to correct and amend himself by any legal remedies, even to the deprivation of his preferment. And should the delin quent have been regularly constituted in sacred orders 38 though without preferment, he should nevertheless be compelled by the same legal remedies to observe the above mentioned rules. But as for those who have been only admitted to the lesser orders, they must abstain from unlawful employments, and such as are prohibited to them ; otherwise let them be deprived of their privileges as clergy, according to the sanctions of the Canons. THE SIXTH DECREE. Respecting the conferring Ecclesiastical orders, and the examination of candidates. Although in addition to preaching the word of God, nothing more is enjoined on a Bishop than a diligent and careful observation in the laying on of hands, according to the precept of the Apostle, " You should lay hands suddenly on no one." Yet as the attention becoming so great a matter is not wont to be employed, whence arises a contempt for the Ecclesiastical order, and a great falling off of attendance at divine worship : We enact with the approbation of this same Assembly, that all and each of the local Ordinaries should shun no labour in conferring Ecclesiastical orders ; but that either personally, if they be not lawfully hindered, otherwise by other Catholic Bishops exercising the office with all zeal and charity, should at seasons appointed by law introduce into orders such individuals of their Diocese as wish it, and are known to be fitted for it. But they should never send to the Bishop of another Diocese any one to be ordained, except on some ground of necessity they have well ascertained, and that too subsequently to having carefully examined him, and known him to be a fit subject. 39 But let not the Bishops think that they have fulfil led their duty, if surrendering to others the examination of the candidates, they only themselves lay their hands on them. For in this way it generally happens that men at once useless and unworthy are without con science elevated to holy orders, having been recklessly deemed qualified by a third party, who is not much trou bled with the importance of the thing. Wherefore we exhort in the Lord and admonish all and singular the Bishops, and command them that they in their own persons exercise this office of examining with all zeal and attention ; but should they need assistance, from the number of candidates being great in consequence of the extent of the Dioceses, they may in such cases employ the aid of those whom they have known to be pious and learned, and in whose attention they can confide. Neither do we on this account exclude Archdeacons, or others to whom this office belongs, on the contrary, we wish them to assist the Bishops, and be their auxiliaries. But in the examination of candidates for orders, this must be especially attended to, that they be not infected with any heresy, that they are born in lawful wedlock, that they be arrived at the age required by the sacred Canons, that they be free' from all defect, such as legally to disqualify for orders ; that they be commendable for respectability and integrity of life and morals, and possessed of so much literary know ledge as is suitable for each degree in orders. Diligent care should also be taken that no one be promoted on a fictitious or insufficient title, who may 40 hereafter, to the disgrace of the clerical order, be forced either to beg, or what is most infamous, to make as it were a traffic of the hallowed sacrifice ofthe mass. But all must be in the first place admonished and exhorted that they come not to take on them holy orders for the sake of their own interest, nor seeking their own, but only, "the things which are Jesus Christ's" But in order that all these things may be done with the more accuracy, the candidates, especially for admission to holy orders, will signify their wish to the Bishop long before the time of ordination, that he may at his convenience both seek and obtain information respecting their state and condition. And at length, on the fifth feast day next preceding the day of ordination, they must present themselves and give in their names, and on that and the following days at a stated hour be diligently examined. All candidates should produce distinct and trust worthy testimonials on those points above mentioned, not only from their parish priests, but from their tutors, and other good men who have been well acquainted with them. And that they may come to take holy orders cleansed from every stain of sins, and with that devotion that is seemly, they should confess before hand their sins to some fit priest, who, on a careful investigation of their manner of life, may ascertain whether perchance they are held by some irregularity, or other hindrance whatsoever, which may render it expedient for them either altogether to abstain from holy orders, or so long as till the hindrance be re- 41 moved. And they should also on the day of ordination partake of the most holy sacrament of the Eucharist. And though in conferring the lesser orders so exact a vigilance is not required, yet nevertheless in these also a regard to all the points above mentioned should be observed in proportion to the degree and amount of the holy order that is taken. THE SEVENTH DECREE. Respecting the provision of Ecclesiastical Benefices. Since ecclesiastical benefices should be conferred only on worthy and fit persons, who are both desirous and capable of doing the duty which is the ground of the benefice, as is taught by the example of the Apostles, who, when about to elect seven deacons, called together the multitude of the disciples and said, " Seek out, brethren, from among us seven men of good report, full of the holy ghost, and of wisdom ; whom we may appoint over this work." — -Therefore, we would admonish again and again, all Bishops whose business it is, that laying aside all human affection and motive, they should confer their Church patronage, and especially their preferments that involve the cure of souls, and entrust them to those who are the fittest and best they can find, seeking not their own, nor the interests of their kindred, nor of those in any way related to them, according to the flesh, but "the things which are Jesus Christ's." And as that expression ofthe Apostle "Thou should est lay hands suddenly on no one," does not relate so 42 much to the conferring orders in the Church, as to the institution of Ministers, Bishops should not consign church benefices, especially such as have the cure of souls, to any one previous to a careful investigation and examination of him. In which examination the several points which we have already mentioned as objects of inquiry in conferring orders, should be looked into, and indeed in a far greater degree of strictness, such as sound doctrine, full age, also correctness of morals, and knowledge of learning: — and besides, whether the candidate for preferment has been constituted in those orders which are meet for the duty of the benefice en trusted to him, according to the sanction of the Canons, the statutes of the Church, or the rule laid down by the founder of the living. And whether he comes to take on him the divine services from ambition, avarice, or other human motive. Every clerk receiving preferment should have a good testimonial from trust-worthy men, with whom he has been long acquainted, and should be carefully admonished by the Bishop respecting the duty and burden imposed upon him. But when any one is to be presented to a benefice which requires personal residence, the Bishop should thoroughly inquire whether the presentee be such as either would or could reside on the living ; for if he already holds another incompatible living, or if there be any thing else to prevent his residence, he should not be admitted. But if there be no obstacle of this kind, yet previous to investing him with the benefice, he should give a promise, even on his oath, of personal residence ; placing before him the penalty of loss of his benefice, to be incurred in case of breach of promise, which promise and oath we do declare, in accordance 43 with the provincial enactments, only ought to be taken in the provisions for instituting vicars. The Bishops should likewise take care to obtain in writing from the heads of Universities and Colleges, the names of those who are fitted for taking livings both in morals and learning ; so that if a benefice be vacant, they may know on whom immediately to confer it. They ought also to use all diligence in looking out for men of learning and piety, who may be an assistance to them in the management of their churches. And as the protracted vacancy of Churches is attended with much danger, we exhort in the Lord and admonish all Bishops, that on the vacancy of benefices in their gift, without waiting for the period limited by the sacred Canons to run out, they should as soon as possible provide for fit rectors and pastors for the cures. And during their actual vacancy they should take care that they be so administered that neither the benefices themselves, nor the flocks, if any such are assigned to them, should suffer any injury. And what we have above stated respecting Bishops will apply to all others whosoever, who possess the power not only of freely collating, but of electing, instituting, or in any other way disposing of Ecclesi astical benefices, the canonic penalities being re-enacted against those who have preferred unworthy objects to benefices. G 2 44 THE EIGHTH DECREE. That there be no grants ofthe right of Presentation, or of Advowsons permitted, nor that any one should have conveyed to him the power of disposing of vacant benefices contrary to the ordinance of the sacred Canons. Since in evasion of the statute ofthe Lateran Council that forbids the disposing of, or promising of benefices not vacant, many are accustomed to convey to others their right of presentation, or the power of disposing of benefices of this kind. In order therefore that this abuse, which is frequent in this country, and from which we find many evils arise, may be removed, we prohibit in future, with the approbation of the present Synod, all donations of the right of presenting, or electing, or the grants of advowsons to benefices expected to become vacant, or the powers of bestowing them, or in any way whatsoever disposing of them, by any persons, how high soever be their authority and dignity, being effected contrary to the rules of the holy Canons ; and if any such grants be made, we decree them null and void. And if any member of the clerical order shall have conveyed to another rights and patronage of that kind as above mentioned, he shall be deprived of the right of disposing of those benefices for that and the • following turn; and the disposal and settlement of them must devolve to his immediate superior, who has not offended in the same way. But whoever has suffered himself to be presented through the instrumentality of any one to a benefice by virtue of the aforesaid grants, or patronage, or in any other way has suffered or consented for a provision 45 being made for him, or in whatever other way he has obtained it, not only shall he be deprived by law of that particular benefice, but be rendered incapable of holding any Church preferment for the space of five years. Moreover we forbid all local Ordinaries to institute or establish in the benefices aforesaid any one presented to them, or elected by virtue of grants of this kind, but enjoin them to reject the individual as a jobber, and contemner of sacred laws. Altogether desiring the aforesaid statute of the Lateran Council to be observed by all, and that no opposition be offered to it, directly or indirectly, in any way or under any pretext whatso ever, under pain of the penalties above mentioned, regarding both the nullification of the conveyance, and affecting also the individuals offending. THE NINTH DECREE. Concerning Simony. Inasmuch as the detestable sin of Simoniacal corrup tion having its source in covetousness, which is Idolatry, and the root of all evil, is warmly denounced, as well by the authority of Scripture as by that of the holy Canons. To do away with this pestilent vice, which in latter times has very much prevailed here, by this our present decree, we reject and condemn every gift of money, or grant of even the smallest portion of the proceeds of the living, every grant of farms at a rent or fine, in short every bargain, promise, or agreement on taking ¦ 46 any Ecclesiastical benefice, or in any way mixed up with it ; since Church benefices should be both given and taken gratis and free without any condition or job. But as for these presentations, elections, claims, institutions, confirmations, collections, or dispositions, of whatever nature of church benefices, in which the aforesaid conditions, or any one of them have been directly or indirectly introduced, not only by the individuals who themselves have the disposal of the benefices, but also by their friends, and other intervening and intriguing parties. We do decree them to be null and void: so that not only no right should be gained by acquisitions of livings of this kind, but even where some income has been already derived from them, the offender should be held liable for all he has taken, and be from that fact for ever incapable of holding any church preferment. But ecclesiastical persons who have in any way offended against the rules above laid down for the disposal of Church livings, shall, whatever be the dignity of their office, be accounted on that very ground infamous, and be deprived of all right of patronage, or other power of disposing of livings; which rights should devolve freely to their immediate superiors who have not so offended. But lay patrons, who, on account of some advantage or emolument thence derived, and which are expressed in the form of oath hereunder written, have presented any one, shall incur sentence of excommunication, and other ecclesiastical penalties. While those who have in any degree interfered as agents and third parties in 47 these matters, shall by that very fact be incapacitated for all clerical duties : and if they have gotten any thing by it they should be compelled by ecclesiastical censures and other remedies of law to give it up to be applied to some good purposes. Furthermore we command all Ordinaries of districts that in obedience to the enactments of the Provincial Council, they take an oath according to the form hereinafter stated, from the clerk who is presented. We also re-enact the decree of Pope Paul, second, of happy memory, which begins " Inasmuch as the detestable," and all other Ecclesiasti cal laws against Simonists, whether general rules or relating especially to this kingdom ; and this we do not only as is above stated with respect to arrangements of livings, but likewise with regard to the laws passed for the pure and unsullied administration of orders, and the other sacraments ; and we do command them to be inviolably observed. The following is the form of oath to be made by the clerk presented. "I, A B presented to the benefice of N, do swear upon these holy gospels of God, personally touched by me, that for the obtaining of the aforesaid benefice, or the presentation to have and take it, neither I nor any other person in my name or stead, nor with my consent and knowledge, have promised or given to the patron, or any one else, any thing whatever in the name or in respect of the premises ; nor have we on account of it made any exchange, compensation, or confirmation of any thing heretofore granted; nor have we deposited with any one in trust, or hired, or leased any thing, nor what had been heretofore hired, lent, entrusted, leased. 48 or owed in any form, have we remitted or released : Nor have we promised, made, or entered into, nor has any one by our direction or with our consent and knowledge, promised, made, or entered into any grant, lease, or release of the holy building, glebe, houses, lands, farms, tenements, and rents of the aforesaid church, or of the past, present, or future revenues, tithes, and oblations of the same. So may God help me, and these holy gospels of God." THE TENTH DECREE. Concerning not alienating Church Property, making an inventory of chattels, and not letting to farm Church Appointments. Being desirous as regards the future to look forward to the indemnification of the churches for their past losses, We, with the approbation of this same Synod, enact, that the decree of Pope Paul, second, of happy memory, against the alienation of Church Property, which begins, "They who by jobbing" should be obser ved under pain of the penalties contained in it, and that all the other ecclesiastical provisions on that head, whether general or specially relating to this kingdom, shall remain in unabated vigour. We also command Archbishops, Bishops, and all the governors and directors of religious houses, and other Ecclesiastical persons holding Church benefices, of whatever description, that within the space of six months, to be counted from the publication of these presents, they should in a clear form and in the presence of two or more respectable and trust-worthy witnesses, 49 draw up an inventory of all the property, whether fixtures or moveables, rights, suits, claims, and dues in any way appertaining to the Churches or religious houses, which they hold or govern, with their values and boundaries. The which inventory should be re newed every third year, or whenever a succession has taken place in the Church or religious house. Two public instruments should be made of this inventory, and one of them deposited in the Church or religious house to which it refers, and the other in the case of a Metropolitan Church, should be entrusted to the custody of the Chapter ; in that of a Cathedral to the care of the Metropolitan ; and to that of the Bishop, in the case of inferior Churches, benefices, and religious houses. And the Metropolitans and other local Ordinaries in the visitations of their Provinces or Dioceses, or they who shall visit in their stead, should have with them the inventories aforesaid, and diligently inquire if any of those things set forth in the inventory be wanting ; and in case they find any thing wanting, they should study to recover and reclaim it to the ancient right of their Churches, by severely punishing the negligence or fault of every one in this respect, according to the sanc tion of the Canons ; yet with the exception of those enactments which have been already ratified by Apos tolic authority, respecting Church property heretofore wrested from the Church, which we do not wish in any way to derogate from by this edict. Furthermore we re-enact and command to be observed by all, on pain of the penalties contained in them, the H 50 edicts of Otho and Othobon, of happy memory, the Legates of the Apostolic See in this kingdom, forbid ding dignities, and offices, deaneries, archdeaconries, or the income accruing from the exercise of spiritual jurisdiction, to be let, or given to farm. We likewise add, that it is not lawful for any one to grant, on lease or farm, without hope of renewal, any other benefices for more than a year, without the consent of the Ordi nary, which on his part the Ordinary will not give till after having carefully ascertained to whom, and on what grounds these grants are made. THE ELEVENTH DECREE. That in Cathedrals a certain number of initiated persons be brought up, whence as from a Seminary. men may be chosen who may be worthily set over Churches. Since at this moment there is a great scarcity of ecclesiastical persons, more especially of persons fit to be set over Churches or clerical duties, or for serving in them : and this inconvenience can be in no way better met than by forming and preserving in Cathedral Churches a sort of nursery, and, as it were, a seminary of ministers. Therefore, with the approbation of this same assembly, we enact and decree that all Metro politan and Cathedral Churches of this kingdom be obliged to bring up a certain number of youths, in proportion to their respective incomes and means, and the size of the Dioceses to which they appertain. And the young persons the most to be desired for this object are those who are at least eleven or twelve 51 years old, and who know how to read and write, and whose disposition and bent afford more certain ground for hope that they will become priests, and will for ever devote themselves to serve clerical offices. We especially wish the children of the poor to be chosen into these seminaries, but without excluding the sons of opulent parents, so that they prefer to their own comfort the desire of serving God and his Church. Grammar should be their first study ; subsequently, on their removal to the Metropolitan or Cathedral Church, they should be instructed in ecclesiastical doctrine and discipline under the auspices of the Chancellor of the Church, or some other learned and serious person who may be selected for that office. Of these youths two classes will be formed, one of those more advanced in age and knowledge, whom we wish to act as Acolyths, and who in addition to their board and clothing, which is termed their bounty, will also receive annually something of stipend; and another class of the younger boys, who only have their dress and board. But all, as well of the former as of the latter class, shall use the clerical tonsure and dress, and the same style of living, and shall serve when needed in the divine offices of the Church. Moreover, whosoever of the class of Acolyths shall have arrived at the age prescribed by law, and shall have advanced in morals and learning, shall be intro duced to sacred orders, and shall lend their assistance to the Cathedral or Metropolitan Church in whatever office may seem fit to the Bishop and Chapter. And according to their respective deserts the Bishop or H2 52 Chapter will take care that some church preferment be bestowed on them. And in the stead of those who from the class of Acolyths shall be promoted to holy orders and the greater duties of the Church, must be substituted those of the lower class who nearest approach them in morals, age, and learning ; while other youths of the city and diocese may be admitted to the grammar school, and the other advantages offered for study, provided they have been brought up respectably and are well conducted, who may use the same garb and live in the same way as the others who are maintained by the Church. And out of these the most competent and the one that most evinces a dis position to serve the Church, shall be substituted in the place of any one of the clergy who shall drop. And since for the maintenance of this nursery of youths there must be some annual income temporarily provided, adequate to meet the expense of boarding the youths, and paying the salaries of their instructors, until a fixed endowment can be made from the revenues of benefices hereafter to become vacant, and to be for ever assigned to so sacred an object as the present, or in some other way, which we hope ere long to be accomplished; we enact that all Archbishops and Bishops, after deducting tenths, subsidies, and crown rents, shall pay annually the fortieth part of the revenues which they draw from their sees for the maintenance of these youths, and the payment of the teachers who instruct them in grammar and in ecclesiastical doctrine and discipline. Which payment we also wish and command to be made by all who either now hold, or hereafter shall hold, any prebends or ecclesiastical benefices whatsoever ; so that in 53 short from the incomes of their benefices which, whether one or more held together, may amount to the yearly value of twenty pounds, after the deduc tion of tenths, subsidies, and crown rents, as before stated, they should pay year by year the fortieth part, to be applied to the above objects in that diocese in which their preferment is situated. This impost, weighed down as they are with other and many burdens, we yet trust they will meet with out grudging, on account of the piety of the object both as regards God and his Church, which is now grievously disfigured from the want of fit ministers. We furthermore ordain that the Bishop, together with the Dean and Chapter of the Cathedral Church, shall conduct the management of this school of youths, and shall give in charge to certain individuals to collect this rate from all those who are bound to pay, at such times and places, and under such censures and penalties, as may be laid down at the discretion of the aforesaid Bishop and Chapter. But the other still numerous remaining points which have to be settled respecting the well and successful administration and maintenance of this school, will be, with God's blessing, provided for in the next convocation. But inasmuch as it is most conducive to sound doctrine and the preservation of good morals, that the education of youth be entrusted to masters commended by the orthodoxy of their belief, the respectability of their life, and their attainment in learning ; we there fore enact that no one be appointed master in any school in any place whatsoever, or in any way exercise 54 the office of teacher, unless he has first been carefully examined and approved by the Ordinary of the place, and charged respecting the books to be read in schools, as well for instruction in learning as for improving the morals of youth. And whoever disobeys this decree must incur the sentence of excommunication, and be suspended for three years from the functions of a teacher. While they who are already entrusted with the direction of schools, should have their creed, their practice, and their learning carefully inquired into. And if they are found to be such as we have required in this ordinance, they may be confirmed in their appointments and charged on all the above stated points. But should they prove to be otherwise. we command their removal and the substitution in their place of other fit persons. THE TWELFTH DECREE. Concerning the Visitation of the Churches. Whereas the visitation of churches is not only useful but even necessary for the clearance of abuses and corruptions, as also for the advancement of good morals and the preserving in force and exercise the laws of the Church. We, therefore, with the appro bation of the present Assembly, decree that Bishops and other local Ordinaries neglect not to visit their dioceses and districts committed to them, according to the ancient custom of this realm, every three years in person, unless impeded by some legitimate hindrance, and. in such case they should still visit by fit deputies, with all zeal of piety and love. 55 But chiefly do we charge all visitors, that in their visitations they take those only with them whose assistance they indispensably require; and these attend ants indeed must be men of such character as to be an example to others for respectability and integrity ; and that they be content with a moderate style of living, go through the visitation as rapidly as possible, and not waste time in living at the expense of others. And the following order should be observed in the visitation, viz. , that in the first place the city and then the diocese be visited, unless another course be found needful. In the city the visitation should commence from the Cathedral Church, and then go on to the respective Collegiate Churches and finally to the Parish Churches, in which not only the parish priests, but other priests and clergy resident in the parishes, should be called over. The schools and libraries should also be visited, and last of all the hospitals should be carefully examined. In their visitations the Bishops will set forth the word of God, and confer the sacrament of Unction. or the rite termed Confirmation. They will also, either in person or by others selected by them for that purpose, grant the blessing of absolution in specially reserved sins to those who need it and humbly seek it. imposing on them a salutary penance. And to this ordinance it will be their care to invite and encourage all to come with the fatherly affection of love, In the districts visited there should be chosen in the first instance, honest men, of good report and serious 56 character, four or five in number, or even more, in proportion to the numbers of the clergy and their flocks, whose business should be to be well acquainted with the life and conduct of the laity and clergy, and who should be bound, even by the obligation of an oath, to state what they know freely, and without regard for any human feeling. And in default of prov ing what they state, they should be deprived of their office. In the visitation of all parochial churches, the points hereinafter mentioned should be carefully inves tigated and looked into : — Whether the sacramental elements are preserved free from pollution or injury. Whether they be solemnly and properly administered. Whether the most hallowed body of Christ is carried to the sick in an honourable and devout manner, accompanied with lights and a bell, and other ceremonials which are usually employed. Whether marriages are contracted legally and reverently in the Church, subsequent to due proclamations, and at seasons not prohibited. Whether the parochial clergy have books in which they set out the names of those who are baptised, with their parents, as also the names of those who die, or who contract marriage. While churches and shrines that have not been consecrated should be so set apart in the visitation, and those that have been profaned by secular uses should be restored to. their sacred office ; every thing within the Church should be clean and comely, and well kept. The burial ground should be enclosed, that no 57 cattle can come in, and that it be not in any way desecrated. If the Church, the choir, the belfry, the sacristy, or parsonage, need repair, orders should be given to those whose business it is to repair and refit the buildings that need it, proportionably to the means of the church or parish. .Moreover it should be an object of inquiry whether all things necessary for the service of the altar and the performance of divine worship, be supplied, such as chalices, plates, vestments, books, and other articles. Also, whether Masses and. other divine services are not only performed with solemnity and propriety, but also with piety and devotion. Whether there be at least one minister in orders who performs the service of the Mass in a clean and becoming surplice. Whether the books and old writings, and other documents and privileges of the Church, be carefully preserved. All these points relative to the substance of the Church being carefully looked into, the next object will be to inquire into the ministers of the Church, and the rest of the clergy. And, in the first place, whether they have been formally and duly ordained, or placed in the orders suitable to the functions they discharge. In the next place, their titles to their Churches and benefices should be ascertained, and whether any of them have intruded themselves, or are holding incompatible pieces of preferment without sufficient dispensation. Whether they reside, and fulfil the functions entrusted to them, as far as relates to the administration of the sacraments, the celebration of masses, and other divine services, and in payment of their annual dues and other charges imposed on 58 them. Whether they desert their own churches to serve others, particularly on festivals. Whether they diligently feed their people with the wholesome food of God's word, and teach the young persons the first elements of their faith. Whether they possess the books that are necessary for these purposes, and others also relative to the duty of a curate. Inquiry should be made respecting their life, morals, dress, conversation, and domestic establishment. Whether they exercise low employments, and such as are not allowable. Whether they haunt taverns, and other unseemly places. Whether they maintain the property and rights of the Church. Whether they relieve the needy. And lastly, whether they are peacemakers, and active in quelling enmities and hostile feelings. Finally, we must come to the discipline of the laity, and observe whether there be among them persons infected with heresy, or who go not to confession. Whether any usurers or whoremongers, or others who live and wallow in their sins. Whether animosities and enmity subsist between any members of the flock. Whether there be any who neglect to observe Lent, and the other feasts, festivals, and laudable rites of the Church. And reference should be made to the licences granted by Apostolic or other legitimate authority, for eating flesh, eggs, and milk-meats at forbidden times, or for doing anything else not in accordance with the rules and practice of the Church ; to see whether the grounds of excuse are definite, whether the other statements are true, and the form of the indulgence itself observed. Moreover it will be a subject of inquiry, whether there be legacies for pious purposes which have not 59 been carried into execution. Whether the people devoutly attend Church, and attentively and reverently listen to the whole service of the Mass. Whether persons walk about during divine service. And whether fathers of families instruct and govern their children and houses with honour and piety. If there are any hospitals it will be an object of inquiry how they are managed, whether their revenues are faithfully dispensed for the benefit of the poor, and whether the life of the inmates is holy and devout. Should there be schools, the masters may be examined as to the books they teach, and as to the proper discharge of their duty. And at the same time, as has been determined by the present Synod, that no one be admitted as a teacher unless previously approved by the Bishop ; and if any teacher prove unfit, he should be removed. With respect to libraries, inquiry must be instituted whether there are contained or sold in them books of heresy, or of a kind prohibited by law on any other ground. If the churches have chapters or colleges attached to them, it should be remarked whether those who hold dignities and stalls in them satisfy the duties of their office, both in the due and devout celebration of holy hours, as also in doing other things incumbent on them. The visitor, after thoroughly looking into and ascertaining these points, will commend what are going 12 60 on well, and blame what are otherwise, and will take care they are corrected and amended by censures and other legal remedies, if need be ; and will charge all diligently to execute the office committed to them. The Archbishops, in the visitation of their provinces, will keep to the rule laid down by Pope Innocent IV. of happy memory, in the ordinance that begins " The Church of Rome." And among other things will care fully inquire on these points : — Whether the Bishops reside in their dioceses; whether they preach the word of God ; whether they live as is becoming to them. How they conduct themselves in conferring orders and benefices ; in appointing confessors ; in punishing the excesses of those who are under their jurisdiction ; in the visitation of their dioceses ; and in other things relating in any way whatever to the episcopal office, jurisdiction, and government, both in spiritual and temporal matters. Lastly, whether their suffragans observe the general canons and ecclesiastical laws of this realm. And they will correct what should be and can then be corrected ; in other cases they will refer the matter to the Provincial Synod. But should there be any thing of such a nature that its correction and reform appears to need a higher authority, they will then have recourse to the Apostolic See. The Archdeacons should visit the part of the diocese entrusted to their care and faithfulness, according to the form hereinbefore given, in those points which come under their jurisdiction: the more serious matters, and such as cannot be remedied by them, they should refer to their Bishops. 61 But they will themselves take care that what has been laid down and commanded by the Bishop at his visitation be carried into effect. And shall forth with advise the Bishop of whatever has been done, or left undone, and at the same time inform him of the causes that hinder the fulfilment of his inten tions. And that the Archdeacons, who are called the Eyes of the Bishop, may zealously discharge their duty and office, as well in visitations as in other matters, we, with the approbation of the present Synod, re-enact and entirely command to be observed, the provincial ordinances of Otho, of blessed memory, and Othobon, the Legates of the Apostolic See in this kingdom, that have been piously and wisely promul gated on this subject. Moreover we make this further additional enactment to the ordinance of the above mentioned Othobon, in which it is forbidden to Archdeacons, to receive money from their clergy on account of any obvious impro priety, but that they should punish such offence with the stigma that it merits ; we add to this, therefore, that whoever ventures to act contrary to this law shall be fined by his Bishop to the amount of double what he has received : and that this money be con verted to the use of the scholars' table, erected or to be erected in the Cathedral Church of the diocese. But that the Prelates of the Churches may be enabled to exercise with freedom the office of correcting and reforming those who are subject to their jurisdiction, we re-enact and command to be observed by all, that ordinance of Pope Innocent the Third, of happy memory, published in the general Council, in which 62 he enacts that the aforesaid Prelates should correct and reform the excesses of the clergy subject to their jurisdiction, without appeal, notwithstanding any usage to the contrary. Given at Lambeth, near London, of the Diocese of Winchester, on the Eighth of February, one Thousand Five Hundred and Fifty-six. YALE CHESTER: PRINTEH BY >, a. SPENCE, EASTGATE STREET. YALE UNIVERSITY a39002 002276088b