Agreement between the Holy See and the Governments of the Cantons of Lucerne, Bern, Solothurn and Zug concerning the Reorganization and New Circumscription of the Diocese of Basel (translation)
Table of Provisions (16)
Statutory Text (16 Articles)
1. The Catholic population of the cantons of Lucerne, Solothurn, and the area of the canton of Bern that was ceded to it by the Act of the Congress of Vienna, as well as that of the canton of Zug, shall henceforth constitute the Diocese of Basel.
1. The residence of the bishop and the cathedral chapter will be transferred to the city of Solothurn. Consequently, the collegiate church of St. Urs and Victor there will be elevated to a cathedral church while retaining its previous status as a parish church, and the local collegiate foundation will be elevated to the cathedral chapter of the Diocese of Basel.
1. The cathedral chapter shall consist of 17 canons, of which at least 12 are obliged to reside in order to conduct worship services and assist the bishop in his ecclesiastical duties.
2. Of the 17 canons, 10 shall be distributed among all the cantons that form the diocese.
3. Among the number of 17 canons are included the still living canons of the old cathedral chapter of Basel, who have the right of residence, and if among them there is a dignitary, the dignity of a dean shall be conferred upon him.
4. The cathedral chapter shall have 2 dignitaries, a provost and a dean.
1. The 10 canons named in the preceding article form the ecclesiastical council of the Bishop.
1. In the event of the vacancy of the episcopal see, they have the right to elect the bishop according to the provisions of Article 12.
1. Of the chaplains at the College of St. Urs and Viktor, 10 are assigned to the cathedral chapter for the purpose of divine service and other ecclesiastical duties.
1. Through the establishment of the same collegiate chapter, whose annual income may amount to approximately CHF 2,000.00, the church ornaments, decorations, and all other items necessary for the service are supplied and maintained.
2. In order to ensure even more appropriate care for these items, the revenues accruing to the episcopal table during the vacancy of the episcopal see are allocated to the same establishment.
1. A seminary is to be established in Solothurn, the seat of the Bishop and the cathedral chapter, for which the governments will provide the foundation funds and the buildings.
2. Should seminaries be deemed necessary elsewhere, the Bishop shall establish them in agreement with the respective governments, which will supply the funds and the buildings for this purpose.
3. Together with 4 canons from the various cantons, of which 2 are appointed by the Bishop and the other 2 by his senate, the Bishop manages and administers these seminaries.
1. The income of the Bishop is set at Fr. 8,000.00.
2. The Dean of the Cathedral Chapter is allocated the income of the Provost at the Collegiate Church of St. Urs and Viktor.
3. The Dean receives an annual allowance of Fr. 800.00 in addition to the income from his prebend.
4. The annual income for each Canon residing in the Cantons of Lucerne and Bern is set at Fr. 2,000.00.
5. The Canons, as well as the Chaplains of Solothurn and their successors, shall remain in full enjoyment of their prebends belonging to the Collegiate Church of St. Urs and Viktor.
6. Regarding the non-resident Canons, the governments commit to providing each of them an annual sum of Fr. 300.00.
1. In addition to the above-determined revenues, the bishop and the cathedral canons obligated to reside will be provided with accommodations appropriate to their dignity.
1. The governments shall reach an understanding with the Holy See regarding the endowment of the episcopal table, the cathedral prebends, and the seminaries through a subsequent negotiation. In the meantime, they shall allocate secured and definite revenues for these purposes, guaranteeing their free, regular collection and inalienability, as well as ensuring that the governments will take responsibility for the maintenance of the residences of the canons.
2. Provisions for the maintenance of the cathedral, the episcopal residence, and the facilities of the seminary to be established in Solothurn shall be made through the intervention of the government of Solothurn. The buildings of seminaries that are to be established elsewhere shall be maintained by the concerned cantons.
1. The canons comprising the bishop's chapter have the right to elect the bishop from the diocesan clergy.
2. The person elected as bishop shall receive investiture from the Holy Father, as soon as his canonical qualifications have been demonstrated according to the forms customary for the Swiss churches.
3. The government of Solothurn appoints the provost in the manner that has been customary until now.
4. The appointment of the dean is reserved to the Holy Father.
5. The government of Lucerne has the right of appointment to the benefices belonging to this canton.
6. For the canons to be granted by the canton of Bern, the bishop's chapter shall present to the government of this state a list of 6 candidates at each election, from which it may remove 3, whereupon the bishop shall appoint the canon.
7. The 10 benefices emerging from the chapter of St. Urs and Viktor shall be filled in the customary manner. The government of Solothurn shall designate the number of members from among the holders of these benefices entitled to the bishop's chapter for this state, among whom shall be included the provost elected by it.
8. The canon of the canton of Zug, who is not obliged to reside, shall be appointed by the government of this state.
9. The candidate elected to be a canon must either be a resident of the canton to which the benefice belongs, or perform ecclesiastical functions therein, and in both cases possess the following qualifications: He must be a secular priest, must have diligently and wisely held a benefice connected with pastoral care for at least 4 years, or assisted the bishop in the administration of the diocese or seminaries, or, finally, must have distinguished himself as a teacher of divinity or canon law.
10. The first appointment of canons is reserved to the Holy Father.
1. The same canon can be vested with more than one dignity.
2. The positions of provost and dean may never be held by canons of the same canton.
1. The Bishop shall take the following oath in the hands of the deputies of the cantons that constitute the Diocese of Basel
2. ...
1. It is hereby solemnly affirmed that, should it happen, either sooner or later, and under whatever circumstances, that the seat of the Bishop and the Cathedral Chapter is moved outside the city of Solothurn, the collegiate church of St. Urs and Viktor will then be fully restored to the same standing it held at the time of its elevation to a cathedral chapter.
1. The accession to the new restructuring of the Diocese of Basel is reserved and assured to the cantons of Basel and Aargau for the part of their Catholic population not already included therein, as well as to the canton of Thurgau, according to the foundations established by the above-mentioned agreement.
2. In the event that one or the other of the named cantons should join, the bishop's treasury will be increased to a maximum of Fr. 10,000.00, according to the scale of the incorporated Catholic population of the joining canton.
3. Should the union of all the aforementioned cantons take place, the diocese shall be provided with an auxiliary bishop, whom the bishop will choose, and to whom the diocesan cantons will assure an annual income of Fr. 2,000.00.
4. Any further arrangements concerning the accession of the aforementioned cantons are reserved for a later agreement.
5. The ratification of the present agreement, which has been drawn up and sealed in duplicate, shall be exchanged as soon as possible.