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Summary. If a prelate through
negligence has confirmed the election of an unworthy candidate for the guidance
of souls, he is to lose the right of confirming the first successor of such a
one and is also to be deprived of the revenue of his benefice, and the the one
unworthily promoted is to be removed. If his action was prompted by malice, a
severer penalty is to be imposed on him.
Text. Nothing is more
injurious to the Church of God than the selection of unworthy prelates for the
direction of souls. Wishing, therefore, to apply the necessary remedy to this
evil, we decree by an irrefragable ordinance that when anyone has been elected
for the guidance of souls, he to whom the confirmation of the election belongs
shall carefully investigate the process and circumstances of the election as
well as the person of the one elected, and only when everything proves to be satisfactory
may he confirm. If through carelessness the contrary should take place, then
not only the one unworthily promoted is to be removed, but the one also who
furthered such promotion (by confirmation) is to be punished. The latter's
punishment, we decree, shall consist in this, that when it is agreed that
through negligence he confirmed a person who lacks sufficient knowledge or is
wanting in integrity of morals or is not of legitimate age, not only is he to
lose the right of confirming the first successor of such a person, but, that he
may not in some case escape punishment, he is also to be deprived of the
revenues of his benefice till he be deemed worthy of pardon. If, however, the
evidence shows that his action was inspired by malice, a severer punishment is
to be imposed on him. Bishops also, if they wish to escape canonical
punishment, shall take the necessary precaution to promote to sacred orders and
ecclesiastical dignities only such as are qualified to discharge worthily the
duties of the office committed to them. Those who are immediately subject to
the Roman pontiff, must appear personally before him for confirmation if this
can be done conveniently, otherwise they may send suitable persons from whom
may be ascertained the necessary information regarding the process of the
election and the person of the one elected; so that only after a thorough
investigation by the pope will those elected obtain the plenitude of their
office, provided, of course, there be no canonical obstruction. Those who live
at a great distance, that is outside of Italy, if they have been elected
unanimously, may in the meantime and by way of exception (dispensative), on
account of the needs of the churches, administer the respective offices in
matters spiritual and temporal, so, however that they alienate absolutely
nothing belonging to the churches. The consecration or benediction let them
receive as has so far been the custom."
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