If, for the general welfare, We have taken measures to render the civil laws more effective, with whose execution, God, through His good will towards men, has entrusted Us, how much more reason is there not for Us to compel the observance of the sacred canons, and Divine Laws, which have been promulgated for the safety of Our souls? For those who observe the sacred canons become worthy of the assistance of Our Lord God, while those who disobey them render themselves liable to be punished by Him. Therefore, the most holy bishops who are charged with the enforcement of these laws are liable to severe penalties when they allow any breaches of them to remain unpunished. And, indeed, as the sacred canons have not been, up to this time, strictly observed, various complaints have been made to Us of clerks, monks, and certain bishops, on the ground that they do not live in accordance with the divine canons; and indeed there are even some among them who are either ignorant of, or do not perform the holy service of the mass, or of the ceremony of baptism.

  Therefore We, understanding and being deeply impressed with the spirit of God, do hereby order that proceedings shall be instituted at the same time to inquire into and correct the matters which have been submitted to Us. For if the general laws do not suffer crimes committed by laymen to go unpunished, even when investigated, how can We permit the rules canonically established by the Holy Apostles and the Holy Fathers with reference to the salvation of all men to be treated with contempt? We are perfectly aware that the principal reason why so many persons are guilty of sin is because the episcopal synods are not held in accordance with the regulations established by the Holy Apostles and Fathers of the Church. If this was done, as every ecclesiastic would then apprehend being subjected to a serious accusation, all would exert themselves to master the sacred liturgies, and live temperately through fear of being rendered liable to condemnation under the divine canons. One reason why certain persons sin is that bishops, priests, deacons, and other members of the clergy, are ordained without examination, and without having produced any evidence of sincere faith and a virtuous life. For if those who are destined to pray for the people are found to be unworthy of exercising the divine ministry, how can they propitiate God, and obtain his indulgence for the faults and offences of the people? Gregory, the Theologian, following the Holy Apostles and the divine canons, declares that the ordination of priests must be made with exceeding care and thoroughness. For he says in his great Apology: "Who can err in conducting himself in conformity with the sacred canons and precepts laid down by St. Paul, in which he exhorts bishops and priests to be temperate, sober, modest; not to be given to wine, or to contentions with one another; to be assiduous in the acquirement of knowledge, blameless in every respect, and to have no intercourse with wicked people?" and he adds: "It is necessary, above all things, to be pure, in order to purify others; wise, in order to teach wisdom; to obtain light in order to give it; to approach God, before leading others to Him; to be sanctified before rendering others so; to have hands to lead, and judgment to impart advice." Gregory also says in the same discourse on the same subject: "Who is he that, like a potter occupied in molding his clay, can at once create one competent to preside over the altar and priesthood of God, a head of the true worship, and worthy to stand with the angels, and to sing the praises of God with the archangels, and offer up sacrifices with Christ?" He shows Us by these words who are deserving of sacerdotal promotion; and, in the same place, referring to unworthy persons who have been ordained, he remarks: "Those who, being destitute of morality, are conducted to the holy altar of God and elevated to the priesthood, although not attempting to practice virtue, will still be considered at the same time as the disciples and teachers of religion and will purify others, before having themselves been subjected to purification. Yesterday sacrilegious persons, they are today priests; but recently, strangers to the sacred canons, now they have become the celebrants of mysteries; old in crime and new in piety, instead of being inspired with the Holy Spirit they have need of the indulgence of mankind." Finally, St. Basil, referring to the prohibition made by the divine canons with reference to the ordination as clerks of those who have married a second time, expresses himself as follows: "The canon excludes from the ministry of the Church not only those who have had two wives, but also their children." Such is the language of St. Basil. The Holy Fathers were so solicitous for the observance of this rule that those assembled at Nicea promulgated a canon which included the same provision; they absolutely prohibited bishops, priests, deacons, and other members of the clergy, from living with women, unless these women were their mothers, their aunts, or other females not liable to suspicion.

  Therefore We, conceding the authority of the sacred canons, do promulgate the present law, by which We decree that every time it may be necessary to consecrate a bishop in any city, the clergy and principal citizens of the said city shall assemble, and issue proclamations by which they nominate three persons, and then make oath on the Holy Gospels, in conformity with the Scriptures. This oath, inserted in the proclamations, shall be worded as follows: "That they did not select the three persons whom they have nominated in consideration of any gifts or promises made to them; nor through friendship, nor induced by any affection whatsoever, but for the reason that they knew that the candidates whom they have chosen are steadfast in the Catholic Faith, and of honorable life; that they have passed the age of thirty years, and have neither wives nor children; and that they have had neither concubines nor natural children, nor have any at present; and if any of them formerly had a wife, he had but one, and she was neither a widow, nor separated from her husband, and that his marriage with her was not prohibited, either by the sacred canons, or by secular laws; that neither of the three candidates is charged with the duties of any public office, that none of them is a decurion, a taxeota, or a cohortal, or, if he is, he has, in the capacity of a monk, passed fifteen years in a monastery." The rules, whose observance We have already ordered, shall be applicable to candidates, in order that, from among the three who are nominated, the one who is the best qualified may be selected by the prelate conferring the ordination. Before this is done, however, the person to be ordained must sign a document containing the declaration of faith as set forth in the sacred formula employed in the celebration of the eucharist, the invocation repeated in baptism, and the other prayers. We also desire that he who receives ordination shall swear upon the Holy Scriptures: "That he has not given, nor promised to give anything whatsoever, either personally, or through the agency of anyone else; and that, after his ordination, he will not give anything to the prelate whose duty it is to bestow it upon him, or to those who have asked that he be ordained, or to anyone whomsoever on account of the ceremony." If a bishop should be consecrated in violation of what is above laid down, We decree that he, along with the prelate who dared to consecrate him in contravention of Our orders, shall be deprived of the episcopate.

  Where anyone brings an accusation, no matter on what ground, against a candidate for the ordination of bishop, priest, deacon, or abbot, the ceremony shall be postponed, and the charge shall be examined in the presence of the accuser, who must prosecute it to the end. If, however, the latter should desist, and delay to conduct the case to judgment, the prelate, whose duty it is to confer the ordination, shall not, for that reason, fail to investigate the accusation and the reasons therefor with the greatest care within the term of three months, and if he finds the accused has violated the divine canons or Our laws, his ordination shall be forbidden; but if the accuser, being present, does not prove the charge; or if he absents himself, and is a member of the clergy, he shall be deprived of his rank; and if he is a layman, he shall undergo suitable punishment. When a prelate ordains anyone who is accused, before the charge has been investigated, both of them shall be expelled from the priesthood.

  As what is laid down in the canons relating to the episcopal synods, which should be held in every province, is not observed, this is the first thing that should be remedied. For the Holy Apostles and the Fathers have decreed that meetings of three holy prelates should be held every year in each province, and that ecclesiastical controversies should be brought before them, and decided in a proper manner. They fix the meeting of the first synod during the fourth week after Pentecost, and that of the second in the month of October; but as the neglect to comply with these provisions of the Holy Fathers has afforded an opportunity to many persons to commit sin, We order that one synod shall assemble in each province in the month of June or September. All those who, without having the right of consecrating other bishops, receive ordination from the most holy patriarchs, shall meet in the houses of the latter; just as the three holy metropolitans of each province shall summon to their houses the bishops upon whom they confer consecration. We desire that ecclesiastical questions having reference to the Faith, to canonical points, and such as relate to the administration of church property; to demands made upon bishops, priests, deacons, other members of the clergy, abbots and monks, and to accusations relating to their conduct; and, finally, to all matters which have need of correction, shall be debated and examined in each synod, and We desire that abuses shall be disposed of in accordance with Our laws and the sacred canons.

  Therefore Your Highness will, by means of notices posted in the usual places of this city, hasten to communicate to all Our subjects the matters which it has pleased Us to insert in the present law, as well as inform the Governors of provinces of them.