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they are not ashamed to receive them, causing them to fester in their filth. Under the penalty of eternal curse, we strictly forbid that they henceforth, under any pact of composition or hope of any gain, in any way tolerate or overlook such things. Otherwise, beyond the aforementioned penalty of negligence, they shall be altogether held and compelled to restore double of that which they have received for pious uses. Furthermore, let the prelates endeavor by all means to restrain such concubines or suspected women from their subjects, even with the aid of the secular arm if need be. The goods of such concubines, which are presumed to be had from the goods of the church, shall be converted by the prelates themselves into the fabric or other utility of said church. We also ordain that they do not allow the sons begotten from such concubinage to cohabit with their fathers. Moreover, this holy synod commands that this constitution be published also in the aforementioned chapters, and that everyone diligently admonish their subjects to dismiss such concubines. Furthermore, it strictly enjoins all secular men, even if they shine with royal dignity, not to bring any impediment whatsoever, under any feigned color, to the prelates who, by reason of their office, proceed against their subjects for such concubinage. And since the entire crime of fornication is prohibited by divine law, and for the sake of avoiding the penalty of mortal sin, we admonish all laymen, both married and unmarried, to likewise abstain from concubinage; for he who has a wife and approaches another woman is overly reprehensible. Those who are unmarried, if they do not wish to contain themselves, should take a wife according to the counsel of the Apostle. By the observance of such a divine precept, let those to whom it pertains labor with all zeal, both through such wholesome admonitions and through other canonical remedies.
Since ecclesiastical benefices are deputed for this purpose, that those who are willing and able to exercise the care of souls by themselves might be assumed to serve the Most High in them, we decree that whoever within our city and diocese is a beneficiary of any status, order, or condition, whose benefice requires personal residence or a certain order by law, statute, or custom, shall begin to reside personally therein within the first month. And from then on, as long as he shall hold such a benefice, he shall make such residence according to the order that the burden of his benefice requires, to be promoted according to the times. The transgressors of this our statute shall be deprived by their superiors, the order of law being observed, unless they have deserved to obtain express license regarding this from us or our vicar.
Also, we decree that any religious person within our diocese of Constance, bearing the care of souls by the title of such his benefice, shall present his title to the dean or his lieutenant in the presence of his brothers in the first chapter after obtaining it. And if he shall present anything other than that which is obtained from us or our vicar, no faith shall be put in such title, unless perhaps the Roman Pontiff had granted it to him and this appeared to be declared by our letters or those of our vicar. But if anyone presumes to come against the aforementioned statutes by us or our vicar in spiritual matters, beyond the penalties of common law, he shall remain suspended from divine services until he has striven to obey and comply with this our statute with effect.
Since the canons command that the mouth of the ox treading the grain should not be bound, all