17. On the office of ordinary judge

17. {23} If canons wish to suspend the celebration of divine worship, as is their claim from custom or otherwise in certain churches, they are obliged, before taking any steps to suspend the celebration, to express their reasons for this in a confirmation of authenticity. They are to consign this document or letter to the person against whom the suspension is directed. They are to know that if they suspend services without this formality or the reason expressed is not canonical, they shall restore all the income they have received, during the time of the suspension, from the church in which the suspension has taken place. They shall in no way receive anything owing to them for that period but make it over to the church in question. They will, moreover, be obliged to make restitution for the loss or injustice done to the person whom they intended to punish. If however their cause is judged to be canonical, the one who occasioned the suspension is to be sentenced to compensate the said canons and the church from which divine service has been withdrawn through his fault. The superior is to adjudicate the compensation and it is to be used for the benefit of divine worship. Nevertheless we utterly rebuke the detestable abuse and horrible impiety of those who treating with irreverent boldness crucifixes and images or statues of the blessed Virgin and other saints, throw them to the ground in order to emphasise the suspension of divine worship, and leave them under nettles and thorns. We forbid severely any sacrilege of this kind. We decree that those who disobey are to receive a hard retributive sentence which will so chastise the offenders as to suppress the like arrogance in others.

18. Local ordinaries must strictly compel their subjects to produce the dispensations by which they hold canonically, as they assert, several dignities or churches to which is annexed the cure of souls, or a parsonage or dignity together with another benefice to which a similar cure is annexed. These dispensations are to be shown within a time proportionate to the situation as judged by the ordinaries themselves. If without just reason no dispensation has been shown within that time, the churches, benefices, parsonages or dignities which it is now obvious are held unlawfully without dispensation, are to be conferred freely on suitable persons by those who have the right. If on the other hand the dispensation shown seems clearly sufficient, the holder is not to be troubled in any way in the possession of these benefices canonically obtained. The ordinary is however to make provision that neither the care of souls in those churches, parsonages or dignities is neglected nor the benefices themselves are defrauded of the services owing to them. If there is doubt whether the dispensation is sufficient, recourse should be had to the apostolic see, to which judgment belongs concerning its benefices. Ordinaries, moreover, in bestowing parsonages, dignities and other benefices involving the cure of souls, are to take care not to confer one on someone already holding several similar benefices, unless an obviously sufficient dispensation is shown for those already held. Even then, we wish the ordinary to confer the benefice only if it appears from the dispensation that the beneficiary may lawfully retain this parsonage, dignity or benefice together with those he already holds, or if he is prepared freely to resign those he already holds. If not, the bestowing of such parsonages, dignities and benefices is to be of no consequence whatever. '