Council of Trent: Session XIII, Reformation, Chapter I

DECREE ON REFORMATION

CHAPTER I. Bishops shall apply themselves with prudence to reform the manners of their subjects: from the correction of those bishops there shall be appeal.

The same sacred and holy Synod,-lawfully assembled in the Holy Ghost, the same legate and nuncios of the Apostolic See presiding therein,-purposing to ordain certain things which relate to the jurisdiction of bishops, in order that they may, in accordance with the decree of the last Session, so much the more willingly reside in the churches committed to them, by how much they shall be able, with greater ease and convenience, to rule and to keep in propriety of life and conversation those subject to them, thinks it meet that the bishops be first of all admonished to bear in mind, that they are pastors and not strikers, and that they ought so to preside over those subject to them, as not to lord it over them, but to love them as sons and brethren; and to strive, by exhortation and admonition, to deter them from what is unlawful, that they may not be obliged, should they transgress, to coerce them by due punishments. Towards whom, however, should they happen to sin in any manner through human frailty, that injunction of the apostle is by bishops to be observed, that they reprove, entreat, rebuke them in all kindness and doctrine; seeing that benevolence towards those to be corrected often effects more than austerity; exhortation more than menace; charity more than power. But if, on account of the grievousness of the transgression, there be need of the rod, then is rigour to be tempered with gentleness, judgment with mercy, severity with lenit; that so discipline, so salutary and necessary for the people, may be preserved without harshness; and they who are chastened may be amended, or, if they will not repent, that others, by the wholesome example of their punishment, may be deterred from vices; since it is the office of a pastor, at once vigilant and kind, to apply first of all gentle fomentations to the disorders of his sheep, and afterwards to proceed to sharper and more violent remedies, when the grievousness of the distempers may require them; but if not even these are effectual in removing those disorders, then is he to free the other sheep at least from the danger of contagion. Whereas, therefore, those guilty of crimes, ordinarily, in order to avoid punishment, and to evade the judgments of their bishops, affect to have subjects of complaint and grievances, and, under the subterfuge of an appeal, impede the process of the judge, (this Synod) in order to prevent a remedy which was instituted for the protection of innocence, from being abused to the defence of wickedness, and that this their craft and tergiversation may be met, hath ordained and decreed that: In causes relative to visitation and correction, or to competency or incompetency, as also in criminal causes, there shall be no appeal, before the definitive sentence, from the bishop or his vicar general in spirituals, against any interlocutory sentence, or other (alleged) grievance, whatsoever; neither shall the bishop, nor his vicar, be bound to defer to any such appeal, as being frivolous; but they may proceed to ulterior measures, that appeal, or any inhibition whatsoever emanating from a judge of appeal, as also every usage and custom even immemorial, to the contrary notwithstanding; except it be that the said grievance cannot be repaired by the definitive sentence, or that there is no appeal from the said definitive sentence; in which cases the statutes of the ancient canons shall remain untouched.

Translation: J. Waterworth, The Canons and Decrees of the Council of Trent (1848), Hanover Historical Texts Project transcription (1995).