[Constitutiones synodales ecclesiae Constantiensis, 1481]

irregularity.

Concerning superiority and obedience

We decree that every dean, rector, parish priest, vice-parish priest, or curate subject to us shall reverently receive our letters, as well as those of our vicar and official, and the mandates of them and their own, wherever they may be within the limits of their parish. They shall execute them diligently and without deceit or fraud on the first Sunday that follows. They shall in no way reveal the messengers of these letters but shall defend them to the best of their ability. Anyone doing otherwise shall be punished according to the constitution regarding this matter. We also wish and decree that in the execution of any mandates, letters, and processes issued by us or our vicar or official, the day, month, year, the name of the executor, and the place of execution shall be added by the rectors, parish priests, and vice-parish priests. Thus, the executor shall write on the back of the same mandate with his own hand: "This mandate has been executed by me, N., parish priest of the church in N.," expressing his name and surname and the name of his church, in the year written below, on such a day of such a month, etc., so that lawful proof of such execution may be had through this. Otherwise, if it is acted upon differently, it shall be punished more severely by our officials.

We also inhibit any cleric subject to us from presuming to participate in any congregation, chapter, or conventicle where anything is treated to the prejudice of the status or honor of the bishops of Constance or of episcopal rights, by knowingly and deceitfully giving counsel, aid, or favor. Anyone doing otherwise shall incur our indignation, in addition to the penalty of the law.

Furthermore, considering that the ecclesiastical order is confounded when the honor due to each person is not observed, we decree and ordain that in collegiate, conventual, or capitular churches, ancient honesties and approved customs shall be duly observed. Due reverence and obedience shall be shown to their prelates in rising and other prerogatives, as they are the foundations of these churches, both by canons and by other simple priests of such churches. If anyone is found to be a transgressor of this statute, he shall be so punished in the fruits of his prebend a stipend or income attached to a church office that he learns to render and show worthy honor and reverence to his superiors.

Concerning judicial proceedings

Because matrimonial causes, with their dependencies and burdens, ought to be treated and determined by those who have the power of judging and are not ignorant of the statutes of the canons, we decree and command by virtue of holy obedience that henceforth every priest having the care of souls, when the cohabitation, dishonesty, or marriage of his subjects is, by public fame, in truth or in error—so that there is at least a probable doubt as to whether they can subsist by law—shall, once he knows of this, specifically warn them that they must send [their case] to us or our official within the first two months to receive a declaration of the decision, so that they may seek the counsel of judges regarding these matters and pursue such cause from there until the end, as much as lies in them. Otherwise, if those so warned neglect to do this within the same two months, they shall be denied the ecclesiastical sacraments in life, and dying, they shall not have confessed their sins nor receive ecclesiastical burial. A priest or curate who does not proceed by warning in such a manner shall be gravely and worthily punished by us or our vicar. We wish that every such parish priest shall publish or cause our constitution to be published in their churches once or twice every year.

We inhibit all and singular our subjects, clerics and laymen of whatever status or condition they may be, from involving themselves in the examination, cognizance, or judicial decision of any matrimonial causes, except by way of wholesome counsel, or [in the causes] of any others belonging by law or custom to the ecclesiastical forum. We decree those doing otherwise to be subject to the sentence of excommunication by that very act. By this, however, we do not forbid that in causes where transactions have a place, it may be possible to compromise with arbitrators and common men, by whom the subjects of discords and questions may be able to be terminated more quickly, provided that such things are not done in fraud.