Agreement between the Holy See and the Governments of the Cantons of Lucerne, Bern, Solothurn, and Zug concerning the re-establishment and new delimitation of the Diocese of Basel
Table of Provisions (16)
Statutory Text (16 Provisions)
1. The Catholic population of the Cantons of Lucerne, Solothurn, and that part of the territory of the Canton of Bern which was ceded to it by the Congress of Vienna Act, as well as that of the Canton of Zug, shall henceforth form the Diocese of Basel.
1. The residence of the Bishop and the Cathedral Chapter shall be relocated to the city of Solothurn. Consequently, the collegiate church of St. Urs and Viktor there shall be elevated to the status of a cathedral church, while retaining its previous designation as a parish church, and the existing collegiate chapter shall be elevated to the Cathedral Chapter of the Diocese of Basel.
1. The cathedral chapter shall consist of 17 canons, of whom at least 12 are required to reside in order to conduct religious services and assist the bishop in his ecclesiastical duties.
2. Out of the 17 canons, 10 shall be distributed across all the cantons that form the diocese.
3. Among that number of 17 canons, the surviving canons of the old cathedral chapter of Basel are included, who have the right of residence. If any among them hold an ecclesiastical office, they shall be conferred the dignity of a dean.
4. The cathedral chapter shall have two dignitaries, a provost and a dean.
1. The 10 canons named in the preceding article form the bishop's ecclesiastical council.
1. In the event of the vacancy of the episcopal see, the same has the right to elect the bishop according to the provision of Article 12.
1. Of the chaplains at the collegiate church of St. Urs and Viktor, 10 are assigned to the cathedral chapter for the purpose of conducting religious services and other ecclesiastical functions.
1. Through the factory of the same collegiate chapter, whose annual income may amount to approximately CHF 2,000, the church ornaments, decorations, and all other equipment necessary for the service are provided and maintained.
2. In order to ensure appropriate care for these items, the incomes accruing to the bishop's table during the vacancy of the episcopal see are allocated to the same factory.
1. In Solothurn, the seat of the Bishop and the Cathedral Chapter, a seminary shall be established, for which the governments will provide the endowment funds and the premises.
2. Should seminaries be deemed necessary elsewhere, the Bishop shall establish them with the consent of the respective governments, which will supply the funds and premises.
3. Together with four canons from the different cantons, two of whom are appointed by the Bishop and the other two by his senate, the Bishop shall direct and manage these seminaries.
1. The bishop's income is set at Fr. 8,000.
2. The provost of the collegiate church of St. Urs and Viktor is assigned the income of the provost.
3. The dean of the chapter receives an annual allowance of Fr. 800 in addition to the income from his benefice.
4. The annual income for each canon resident in the cantons of Lucerne and Bern is set at Fr. 2,000.
5. The canons and chaplains of Solothurn and their successors remain in full enjoyment of their benefices belonging to the collegiate church of St. Urs and Viktor.
6. Regarding the non-resident canons, the governments are obliged to provide each of them with an annual sum of Fr. 300.
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 will reach an agreement with the Holy See regarding the endowment of the episcopal table, cathedral chaplaincies, and seminaries through a subsequent negotiation. In the meantime, they allocate secured and specified revenues for this purpose and guarantee their free, regular collection and inalienability, and the governments will also ensure the maintenance of the residences of the canons.
2. The maintenance of the cathedral, the episcopal residence, and the buildings of the seminary to be established in Solothurn will be provided for through the intercession of the government of Solothurn. The buildings of seminaries that are to be established elsewhere are to be maintained by the respective cantons involved.
1. The canons forming the bishop's senate have the right to elect the bishop from the diocesan clergy.
2. The person elected as bishop will receive investiture from the Holy Father once the canonical qualifications, according to the forms customary for Swiss churches, have been demonstrated.
3. The government of Solothurn appoints the provost in the customary manner.
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 provided by the Canton of Bern, the bishop’s senate shall present to the government of this canton a list of six candidates for each election, from which three may be crossed off, after which the bishop appoints the canon.
7. The ten cathedral benefices arising from the Chapter of St. Urs and Victor shall be filled in the customary manner. The government of Solothurn shall designate among the holders of these benefices the number of members in the bishop's senate to which this canton is entitled, including 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 canton.
9. The elected canon must either be a native of the canton to which the benefice belongs or perform clerical duties there, and in either case possess the following qualifications: He must be a secular priest, have diligently and prudently served a benefice connected to pastoral ministry for at least four years, have assisted the bishop in the administration of the diocese or seminaries, or finally, have distinguished himself as a teacher of theology or canon law.
10. The initial appointment of the canons is reserved to the Holy Father.
1. No more than one office can be conferred upon the same canon.
2. The office of a provost and that of a dean may never be held by the canon of the same canton.
1. The Bishop shall take the following oath at the hands of the representatives of the cantons that constitute the Diocese of Basel
"In the presence of the representatives of the Cantons that make up the Diocese of Basel, I promise, as befits a Bishop, that I will remain loyal to the Swiss Confederation and these cantons. I pledge to do everything within my power to promote, in my diocese, good relations between the Roman Catholic Church and the State, as well as religious peace and the welfare of the Swiss people."
1. It is hereby solemnly assured that, should the seat of the Bishop and the Cathedral Chapter be relocated outside the city of Solothurn, whether sooner or later and under whatever circumstances, then the St. Urs and Viktor Chapter shall be fully restored to the same status it held at the time of its elevation to a Cathedral Chapter.
1. The accession to the new delineation of the Diocese of Basel is reserved and assured to the Cantons of Basel and Aargau for the part of their Catholic population that is not already included therein, as well as to the Canton of Thurgau, based on the principles established by the aforementioned treaty.
2. In the event that one or the other of the named Cantons should accede, the episcopal table will be increased up to a maximum of CHF 10,000, and indeed according to the scale of the incorporated Catholic population of the acceding Canton.
3. Should the union of all the aforementioned Cantons take place, the Diocese shall be provided with a suffragan bishop, whom the Bishop will select and to whom the diocesan cantons will assure an annual income of CHF 2,000.
4. Any further provisions regarding the accession of the aforementioned Cantons are reserved for a later agreement.
5. The ratifications of the present agreement, which has been drawn up and sealed in duplicate, shall be exchanged as soon as possible.