1 Foundations and Organization, Public Charges » 16 Church and State

The ancient sovereign Canton of Schwyz joins the Diocese of Chur completely under the following conditions and recognizes its currently incumbent Bishop, who has declared himself ready for this, subject to the approval of the Holy Father.

Since the archiepiscopal burden of the respective Bishop of Chur is hereby significantly increased, the Canton of Schwyz obligates itself to pay annually to the same, as some compensation, the sum of 1005 Swiss Francs, 4 Batzen, 3 Rappen, each time in cash, freely and without the slightest deduction, at his residence.

Two external (forenses) canons are assigned to the Canton of Schwyz,

who enjoy the same rights and privileges as the old canons forenses,

and will particularly be summoned to the election of a bishop with the same

right to sit and vote as the old canons. For each of these two

canons, the Canton will pay 240 Swiss francs annually, totaling 480 such francs.

It will also annually contribute 480 Swiss francs for poor seminarians

of its canton.

To secure the aforementioned foundation, the Canton of Schwyz shall set aside an

5 corresponding fund, namely 35,000 Gulden

of the local cantonal currency, absolutely secure

and free from any encumbrance, the ownership of which shall belong to the Church.

The Government of the Canton of Schwyz is requested by the respective Bishop to take over the care and administration of the fund, and it does so under the following conditions and prerequisites

a) that this fund be declared and recognized as ecclesiastical property and an asset belonging thereto;

b) that the sums clearly designated in the Concordat shall be precisely used annually for the purposes determined by the same Concordat, namely: to the Episcopal See Fr. 1005, Batzen 4, Rappen 3; to two canons Fr. 480; and for the support of Schwyz seminarians Fr. 480, totaling 1965 Francs, 4 Batzen, 3 Rappen, and shall in no case be withheld or withdrawn;

c) that the Bishop, or whomever he may authorize for this purpose, shall be entitled to and reserved the right to inspect the accounts and conduct audits upon request;

d) that the fund itself shall never, under any pretext, be removed from the Canton of Schwyz.

The Government undertakes to pay the sum of Fr. 1005, Batzen 4 and Rappen 3, intended for the episcopal table, and the sum of Fr. 480 annually designated for two canons, on St. Martin's Day. The first sum shall be paid freely and in cash at the episcopal residence, and the others in the residences of the venerable canons. It will disburse the Fr. 480 intended for the support of seminarians at suitable times of the year.

Since the Cantonal Government is best acquainted with the circumstances and needs of its members, who enter the seminary as candidates for the clergy, it will also designate the seminarians of its canton who should receive this support and to what extent each should receive it.

Should it happen that in a given year there is no seminarian who requires such support, the Government will retain the aforementioned amount designated for this purpose and disburse it to the first subsequent needy seminarian of its canton.

The spiritual pupils of the Canton of Schwyz shall be allowed the necessary participation in seminary education, their stay and maintenance in the seminary in the most inexpensive way possible, also with consideration given to permissible shortening of the time and continuation of studies according to circumstances, as much as can be done without detriment to the main purpose, and therefore the recommendations of the Government shall be observed.

There shall be appointed in the Canton of Schwyz an episcopal commissary, whom the government will recommend for this purpose, and for the district of March, as before, with the retention of the local chapter of priests and dean, a sub-commissary shall also be appointed. In addition to the powers previously held under Constance, they shall be vested with several more desirable and permissible powers. These powers shall notably include the conduct of examinations *ad Diaconatum et Presbyteratum*, as well as *ad obtinendam curam*, and also the acceptance of the oath to be sworn by the cleric upon assuming a benefice.

Regarding the wishes

a) that the liturgy observed and continuously practiced under Constance, the *casus reservati* existing in the Constance ritual, and the authorization of the episcopal commissaries exercised therein be retained;

b) for the retention of the exemptions and freedoms of the clergy hitherto enjoyed under Constance, particularly also with regard to episcopal taxes, and

c) for the non-increase of the fees paid under Constance for admissions, the continuation of admissions granted by previous ordinariates, the greatest possible permissible extension of the duration of the power of the confessional, etc.,

the Canton of Schwyz is satisfied with the declaration of His Episcopal Grace, the Prince-Bishop, that the ordinariate is not inclined to introduce significant innovations or burdens, and if the necessary uniformity should require something similar here or there, it shall only happen with the agreement of the government and with all moderation.

The Canton of Schwyz also finds complete reassurance regarding the double request

1. "Maintenance of the decrees granted and issued to this canton by the Curia of Constance at various times concerning marriage promises," and

2. "full and unhindered application of the national laws concerning the restriction and prevention of ill-considered marriages and the copulation of foreign persons,"

in the declaration of His Episcopal Grace the Prince-Bishop, that the Ordinariate, far from promoting ill-considered marriages or such where the physical and moral well-being and education are endangered, will gladly leave in force all those restrictions that are mandated by the state and approved by the Church, to which, according to the dictum of the Council of Trent, matrimonial matters are subject.

The reported Canton of Schwyz solemnly reserves its heretofore rights, customs, freedoms, privileges, and well-established practices in ecclesiastical matters, as it has enjoyed them under the Bishops of Constance and up to this day, and these shall remain recognized. And His Episcopal Grace the Prince-Bishop gives the reassuring declaration: What has been lawfully acquired, what has been validly granted by an Ordinariate, permitted and practiced *jure vel consuetudine legali* (by law or legal custom), no bishop shall demand to deprive or alter from the Holy Estate.

The Canton of Schwyz will, moreover, enjoy the same episcopal solicitude, the same treatment and conditions that the Bishops of Chur extend to their older diocesan members; furthermore, the Canton will, for its part, gladly contribute, according to the custom of pious fathers, everything that can facilitate the Bishop's concern for the salvation of the Christians entrusted to him and lead to the great, beneficial goal.

1 RGS I-84.

2 In current currency CHF 1436.30 (cf. GS 15-245).

3 In current currency CHF 342.85. With Government Council Resolution No. 3430 of December 11, 1954, the Government Council granted an annual contribution of CHF 300.- each to the two episcopal commissioners, without acknowledging a legal obligation.

4 In current currency CHF 685.70.

5 In current currency CHF 61537.-.

6 Cf. Notes 2-4.

7 Cf. Notes 2-4.

8 Obsolete.

9 Obsolete.