Suprema cura regiminis

CLXIX.

Concerning the Aqua Felicis, the care and management of which is entrusted to the congregation of His Holiness, the cardinals instituted for the care of waters, roads and bridges; and concerning the office and duty of the citizens of Rome as visitors of the same water.

1 Sixtus, bishop, servant of the servants of God, for perpetual remembrance of the matter.

2 Preamble. The supreme care of government, which by divine clemency disposing has been entrusted to us, ¹ admonishes us that whatever is done from day to day for the use and improvement of places, as well as for relieving the necessities of human life or increasing their conveniences, should be established by us to be supported by provident and solid laws, so that, with divine grace favoring, they may remain more secure and more lasting.

3 Sanctioning clause.

4 § 1. Since therefore it is fitting that the City of Rome, the blessed seat of the Roman Pontiff, the most honourable throne and dwelling-place of Christian religion, the common fatherland and mother of all the faithful, and indeed the safest harbour of all nations flowing together to it from every side, should be fortified not only with sacred and spiritual defences, but also adorned with human and temporal conveniences and ornaments; for this reason from the very beginning of our pontificate, we have resolved to consult the public and private necessities of the citizens and inhabitants of the City, to increase its regions with the buildings of sacred edifices and private houses, and finally, by renewing the old, perfecting the new, and referring all things to the glory of almighty God and the honour of this holy See, to protect and preserve as long as possible the whole extent and beauty of the City, insofar as it lies within our power. § 2. Wherefore, since we have observed that the hills of the same City, which were formerly distinguished by the most splendid buildings of the Romans and by the lofty places of the Caesars' palaces, and by the most superb theatres and baths, and by the longest and most marvellous aqueducts, and finally by the sacred basilicas of Christ the Lord built by the most Christian emperors and other pious men, were most frequently inhabited; then, because some aqueducts were demolished by the savagery of the most audacious barbarians and the cruelty of the most cruel enemies, and others collapsed by the injury of age or the force of storms, we have observed that for many centuries they have been as it were deserted and destitute of inhabitants; but the lower places of the City, filled with very many buildings, on account of the dampness of the site and air are less healthful, and indeed we have experienced them to be exposed to and overwhelmed by the frequent and often sudden inundations of the Tiber river, which is increased by constant rains and the reflux of the sea, as we ourselves have sometimes beheld with the greatest sorrow of heart: by these considerations, deterred by no difficulties and no magnitude of expense, we began to think of bringing abundant and healthful water into the hills themselves and the higher places of the City; with this design indeed, that, with fountains restored and waters, which provide public and private utilities to human society and bring healthfulness to bodies, brought back, those same hills might again be inhabited, and their regions, which excel in situation, prospect, healthfulness of air and pleasantness of place, might be restored to their former pleasantness and security by the frequency of people, who, the Lord blessing, increase more abundantly day by day. Having undertaken this deliberation, we have opened long and broad roads through those same hills at great expense to us, we have built houses and workshops there and caused them to be built by others, we have instituted them for the common use on account of the gathering of commerce and of men, we have constructed fountains serving public use, we have given immunities and privileges to builders and inhabitants, we have restored the most sacred basilicas built in those hills by the most religious emperors of old and other most pious men, for the sake of the more frequent visitation due to them, and we have adorned them with obelisks, the impious monuments of gentile antiquity being expiated, and more happily consecrated to the invincible cross, and magnificently and splendidly transferred to their thresholds.

5 § 6. And so that the City on these very hills ² might at last receive increase, from the beginning of our pontificate, we augmented the upper and purer portion of that water which is collected in the field of the Colonna on the Praenestine Way to the left, and which was first of all conducted by Appius Claudius Surnamed the Censor of old into the lower and more depressed places of the City, namely to the salt works, from many springs of waters, and especially from the Aqua Marcia, which because it is cold and healthful, was therefore considered the most pleasant of all waters and most celebrated among the ancients, by a branch which we drew from its own aqueduct, though for the most part ruined, for the purpose of conducting a more abundant supply of water into the City (which together joined make a quantity of seven hundred and more ounces, and display admirable beauty of appearance and immense pleasantness in use), conducted in a winding course from the head at twenty-two miles distance, from the former reservoir twenty miles, in underground passage formerly thirteen, then indeed lately constructed from the head as far as the same reservoir beneath the earth by fifteen arches, above the earth however by seven in arched work, we caused to flow; and through two remarkable arches erected in the same aqueduct as a perpetual monument of the matter, one namely at two miles from the City, in the place which is commonly called ad Formas, the other indeed within the City at the gate of St. Lawrence, we ordered it to pass; and with the greatest joy and gladness of the whole City we finally brought it to Mount Quirinal to the square of St. Susanna, and called it, named after ourselves, the Felician.

6 § 4. In the square of St. Susanna we constructed a primary fountain splendidly adorned with four columns and three arches; into which three perennial aqueducts pour forth waters through as many openings, with a copious flow of waters and sonorous sound. Above the openings moreover in the middle arch

7 From the field of the Colonnese, to the Quirinal Hill of the City, and named it the Happy [Mount] from his own name.

8 We therefore constructed a fountain adorned in the square of St. Susanna.

9 stands a marble statue of Moses, who struck the rock from which waters once flowed by divine power with his rod; in the right arch likewise a priest Aaron expressed in marble tablet, which represents many heads, leads the thirsty Jewish people to waters; from the left however the figure of Gideon, judge of the Israelites, is seen, who, by the command of the Lord, tests soldiers by their manner of drinking. In the view of the same fountain moreover four lions, of which two are sculpted from white, two likewise from black marble, pour forth water from their mouths for more convenient use and public enjoyment. So that the fountain itself might display itself in greater prospect, and become more convenient and pleasant for public use, we depressed the said square of St. Susanna, which was everywhere filled with ruins and unequal and deformed by many walls, as much as was necessary, we dug out the earth, and caused it to be transported to the nearby places of the same square which were more sloping, so that they might be leveled.

10 § 5. But lest the adjacent ways, level and squares and the fountain projecting and the prospect of the adjacent places should obstruct and hinder access, we leveled both ways, both that which from the view of the fountain tends to the Apostolic Palace, which we built on the same Quirinal hill, and which goes behind to the gate of the Plain, and that which from the side tends to the temple of St. Mary of the Angels in the Baths of Diocletian; and we depressed both, digging out the earth and demolishing walls, and we supported them on either side with brick passages, of the height of two feet, of the width of about seven, beside the dwellings, so that we might make them easier for travelers, indeed we adorned most places with fountains more suitable to them. In this manner moreover of conducting water we have imitated the provident and watchful pastors of the Church, who, since they are bound by the command of the Lord to feed the peoples subject to them, strive to supply not only spiritual, but also the necessities of food for the use of the body, so that they might truly feed the whole man.

11 §6. Finally, since it is not enough merely to have completed such a great work with the utmost labour and at such great expense, unless the most careful diligence is also applied in preserving it, especially since no building ought to be guarded by more careful vigilance and laws than that which must sustain the waters, so that the Roman people and others who inhabit the City and especially the higher places may enjoy this public benefit for as long as possible; we have judged it to pertain to our Pontifical providence that we should as soon as possible provide and establish exactly those things which are necessary for its preservation, whether to repel the injuries of time or of men. Having therefore held mature deliberation upon these matters with our venerable brothers the cardinals of the Holy Roman Church, by the counsel and assent of those same brothers, from our certain knowledge and from the fullness of Apostolic power, by this our constitution to endure perpetually, we commit and entrust to the congregation of the cardinals of the Holy Roman Church instituted by us for the care of roads, bridges and waters, the entire custody and care of the said aqueduct and fountains; and we grant to them in all matters which now pertain to their preservation and repair, and which may in any way pertain to them in the future, full and complete power and authority; and likewise concerning the aforesaid matters and on their occasion, between and against any persons whatsoever, of whatever status, order and condition, and shining forth in both ecclesiastical and temporal dignity, title and honour, to proceed summarily, simply and plainly, with inspection of the hand of the king and the sole truth of the fact, to know, to proceed in these matters, to judge and to determine, and to cite whosoever shall have committed anything against this our constitution, and to inhibit them, if it be necessary, and to impose pecuniary penalties at their discretion, and to proceed and to cause to proceed to the declaration and execution of those penalties, with all and every appeal entirely removed, and to perform and execute other necessary and opportune matters, even exclusively as to any judges and officials whatsoever, we perpetually grant and impart full and free faculty. But if the said congregation should deem it necessary to proceed to a declaration of graver penalties for causes which seem good to it in some cases, then we grant authority to the said congregation to commit and mandate to the governor of the City now and for the time being existing, that in such cases, as shall seem good to the said congregation, it shall proceed against any delinquents to other penalties, even corporal afflictions, with all and every appeal entirely removed.

12 § 7. But since in preserving and repairing such an aqueduct and fountains, and when the work is necessary and when it is to be repaired, many expenses shall be necessary both now and in the future, we, desiring to provide from some certain revenue destined for this purpose, by this same our constitution, and by the counsel and assent of our said brothers, the ninety-one places of the Mount called the religion, recently increased by our letters issued thereupon in a certain manner and form, constituting an annual income of seven hundred scudi of the currency and seventy bolognini, we perpetually grant and assign to the same aqueduct and fountains work and to their custody and restoration; under this condition namely that the said annual income and its principal shall never be diminished, nor be converted to other uses. But if at any time it shall not be necessary to repair the said work, then the aforesaid annual income shall revert to the principal, and shall be converted to the purchase of other perpetual improvements. But we will that the administration of the aforesaid income and increase, as well as its free disposition, shall now and perpetually be with the same congregation; and we entirely prohibit the aforesaid income, in whole or in part, from being expended and paid by the said depositary otherwise than by the mandates of the said congregation directed to the depositary of the same Mount now and for the time being existing, without the mandates of the said congregation.

13 § 8. Moreover, so that the aforesaid matters, which we desire to be entrusted to execution, may be accurately accomplished by some diligent and capable Roman citizens who shall frequently assist in this work as is altogether necessary, from now we appoint two Roman citizens to perform the duty of visitation of the said aqueduct and fountains, by us and our successors annually at the beginning of each year, at the time when the officials of the Roman people are accustomed to be chosen and appointed, and by them the oath of fidelity in our hands and those of our successors, in the manner accustomed to be taken by other officials, we will to be taken.

14 § 9. Now their principal duty, which the visitors must perform, is prescribed as follows: singly at least once every three months, they themselves must inspect the head of the water at that place on the Mount, all the receptacles, all the gates which we have constructed there for cleaning the channels, and which, lest they be easily opened to rupture, we have fortified with iron, and the wells and openings; then the parts of the aqueduct itself which are contained in the specus, and which, neither exposed to frost nor to heat, with slime hardening into a crust, would seem to obstruct the passage of water or corrupt the water fallen into the channel, they must traverse frequently, and cause them to be cleansed of filth; and lest the water, which flows in its most pure channel, be infected by rains falling from the sky or by waters flowing from the ground, they must provide careful precaution, and diligently preserve and maintain the arches above ground, and all the walls up to the aforesaid fountain of St. Susanna, and the fountains themselves. Whatever the visitors themselves shall find in any visitation to require repair, they ought to report it as soon as possible to the aforesaid congregation of cardinals, in which, whenever it shall be necessary, let them intervene; the congregation itself, however, is bound to consult us and our successors in more serious matters. But if through the fault and negligence of those same visitors the aqueduct form shall have contracted any damage, or if that which has been contracted shall not have been repaired immediately, all of it shall be repaired at the expense of those visitors themselves. But lest that repair be protracted longer, whenever anything shall need to be repaired, let it be repaired immediately, lest a small rupture, generating a greater consequent dissolution, overturn the entire water channel, as is wont to happen. That this may always be done with opportune speed, cements and other necessaries shall be prepared beforehand. To the artificers assigned to the work, it shall be permitted to take and transport earth, mud, stones, brick, sand, wood and other things which are necessary for that purpose from the fields of private persons anywhere near, the owners being paid the price first; and to those exporting such things, the roads and accesses shall everywhere be freely open. Moreover, the spaces around the course of that water, both within and outside the City existing, shall be vacant of buildings by which the work is obstructed nearby and of trees, whose roots loosen the vaults and sides, at least twenty feet, lest the channels be violated, on either side; and the fountains themselves, arches and walls shall similarly be open the same number of feet. If any trees now exist within that space, or if there are any willows, reeds, brambles, vines, wild figs or thorns, within a month to be reckoned from the day of publication of these presents, let them be immediately cut down and uprooted. But if any in the future, with the heat of the sun and the moisture of the waters or another cause intervening, increased by hidden seeds or planted, shall grow up, let them be immediately cut down in the visitation. Wells also, preserved for the exhalation of air and easier cleansing of the aqueduct, and covered with polished stone, shall not be opened except from public necessity, nor shall the form of the specus be perforated, nor shall water, whether clandestinely or openly, be diverted by force by anyone else on his own authority, nor more than shall have been obtained, and not from elsewhere than from the aforesaid primary fountain or from the lesser fountains written below; namely, first in place, outside the gate of St. John, in the aforementioned place which is called ad Formas, for the convenience of travelers; second at the Gate of St. Lawrence; third at the Porta Maggiore for the use of those passing through, constructed by us; nor from these without the consent of the said congregation of cardinals, and without our consent or that of our successors, nor shall it be conducted by a wider module or pipe.

15 § 10. And that all these things, which we desire to be observed against those contravening, with a penalty to be imposed by this same our constitution perpetually sanctioned, may be diligently guarded by all, we sanction by this same our constitution in perpetuity, that whoever knowingly and with malicious intent shall infect the channel, which God forbid, with harmful filth, or shall corrupt the water to the harm of bodies, shall be punished with the loss of all goods and a capital sentence to be pronounced by the governor of the said City now and for the time being existing. If anyone likewise shall have committed anything against those things which are said above, first let the damage which has been inflicted on the aqueduct through his fault be made good at his expense as soon as possible. Whoever shall have neglected to keep vacant and intact the forms of the aqueduct passage on either side as prescribed, as is aforesaid, beyond the demolition of buildings and the uprooting of trees, shall be punished with the deprivation of the adjacent property. Whoever finally shall presume to divert water on his own authority, or from elsewhere than from the prescribed fountains, or in another manner than is stated above, those obtaining the aforesaid water from now on, let the congregation of cardinals signify it.

Old penalties against the disobedient are renewed.

Visitors

shall take care against contraventions.

For which reason a salary is established for them.

16 shall presume to do so, if he be a nobleman, a penalty of one thousand, if of lower rank, five hundred gold aurei in each such case, to be exacted without any hope of remission, and to be converted to the repair of the aforesaid work, shall be punished.

17 § 11. We also will and thus command that if anyone, even by purchase or liberal gift, shall have obtained water from us or our successors, he shall be bound to exhibit a rescript to the same congregation of cardinals, and to have it registered there within a month; which if not exhibited and not registered, the grant shall be deemed entirely void.

18 § 12. And in all these and similar cases, it shall be lawful for no one to obtain pardon or remission over such penalty. But if anything has been constituted by common law and the statutes of the City concerning the preservation of the aqueduct under whatsoever penalties, we now perpetually renew all of it by this present constitution of ours.

19 § 13. And so that in all the cases expressed above, those things which have been established may be observed, and proceedings be made entirely against the disobedient, we will that the aforesaid two Roman citizens, visitors, shall take care that the aforesaid matters be diligently preserved; and as often as a case of contravention shall occur, they shall be bound to appear before the said congregation of cardinals, and to press ex officio against transgressors for the repair of damages and the execution of the aforesaid penalties inflicted upon them.

20 § 14. And although we are fully confident that the aforesaid citizens, for the sake of themselves and their country, will always of their own accord take care of all things, and especially those which pertain to the adornment of the City and to the advantage of themselves and other Roman citizens, and will execute them diligently and faithfully; yet so that in performing that duty they may suffer less expense than may be possible, we perpetually grant and assign sixteen places of the same Mount of religion increased by us, as aforesaid, yielding an annual income of one hundred twenty-three scudi and twenty bolognini, to be paid by the depositary of the same Mount by order and mandate of the said congregation, and to be divided among them in equal portions.

21 § 15. Decreeing that all the aforesaid matters and each and every one of them ought to be observed briefly and inviolably in perpetuity by those to whom it pertains and shall pertain in the future; and that it shall be null and void if otherwise anything concerning these matters shall be attempted by anyone whatsoever, by any authority, knowingly or unknowingly.

22 § 16. Notwithstanding apostolic constitutions and ordinances, and the ordinances and privileges of the Apostolic Camera itself, confirmed by oath, apostolic confirmation, or any other firmness, statutes and customs, and prescription of long time, and all other things contrary whatsoever. We further will that these present letters be affixed and published on the doors of the Lateran basilica and of the Prince of the Apostles in the City, as is customary, and be described and registered in the Apostolic Camera among the other perpetually valid constitutions, and that full faith be given, in judgment and outside it, to transcripts of the same present letters, even printed, subscribed by the hand of a public notary and sealed with the seal of a person constituted in ecclesiastical dignity, just as would be given to the originals themselves, if they were exhibited or shown. To no one therefore, etc.

23 Given at Rome at St. Peter, in the year of the Lord's Incarnation one thousand five hundred ninety, on the eleventh day before the Kalends of March, in the fifth year of our pontificate. I, Sixtus, bishop of the Catholic Church, have subscribed.

Machine translation, not reviewed. The original text is authoritative.

Latin text

CLXIX.

De Aquae Felicis inox ad Urbem conditetele ralione et cura demandata congregationi S. lì. E. cardinalium instilulae ad aquas, vias pontesque curandos; ac de officio et munere civium Romanorum eiusdem aquae visitatorum i.

1 Sixtus episcopus, servus servorum Dei, ad perpetuam rei memoriara.

2 Eiordium. Supremi cura regiminis, divina nobis ¹ disponente clementia commissi, nos admonet, ut quaecumque prò locorum usu et incremento, necnon prò hominum vita? necessitatibus sublevandis aut commoditatibus ipsorum augendis, in dies peraguntur, a nobis, ea, quo securiora diuturnioraque, divina favente gratia, permaneant, providis solidisque legibus fulcienda statuamus.

3 San elio poenalis.

4 § 1 . Cum igitur Urbem Romam, bealisnic Pomifoi . r, . , , • ■ n Urbis ornatili simi Petn apostolorum principis firmarci inlentus. Sedem ac honorabilem thronum, christianae religionisdomicilium, communem fidelium omnium patriam ac parentem, immo et cunctarum nationum ad eam undique confluentium portum tutissimum, non solum sacris et spiritualibus praesidiis munitam, sed humanis etiam ac temporalibus commodis ornamentisque decoratam esse deceat ; ideirco ab ipso pontifìcatus initio, publicis privatisque civium ac incolarum Urbis necessitatibus consulere, eius regiones sacrarum aedium privatarumque domorum aedifìciis augere, et demum vetera renovando, nova perficiendo et singula ad omnipotentis Dei gloriam, et sanctae Sedis huius honorem referendo, totius Urbis amplitudinem atque ornatura, quantum in nobis est,, diutissime tueri ac conservare decrevimus. 8 2. Quare, cum eiusdem Urbis colles Aq«am '» e- ° ' , mìDenlioribus praeclarissimis ohm Quiritum aedibus et eiu« iocìs reforis^ sublimibus inde Caesarum palatiis, ar'treqnenuosuperbissimisque theatris etthermis, lon-J^^8^" eissimisque et mirabilibus aquaeduclibus, «ila egregia o- ■ i • ni • • n ivi r< j Pera 'lic enunsacrosanctis denique thristi 1). IN. tide Ciau. suscepta christianorumimperatorum aliorumque piorum hominum basilicis et templis extructis insignes, frequentissime habitatos ; deinde, ob aquaeductus, nonnullos quidem fera audacissimorum barbarorum immanitate immanique crudelissimorum hostium feritale demolitos, nonnullos vero vetustatis iniuriaseu tempestatum vi collapsos, a plerisque iam saeculis quasi desertos el liabitaloribus deslitutososse animadverlcrimus; inferiora autem Urbis loca qnamplurimis aedificiis referta, ob silus aerisque humiditalem minus salubria esse, quinimmo erebris ac plenimque subitis Tyberis fluvii, qui assiduis aquarum imbiibus et maris reftuxu augescit mundalionibus i patere obruique experti fuerimus, prout summo cum animi dolore oculis etiam nostris aliquando prospeximus: bis moli 'ralionibus, de aqua copiosa et salubri in ipsos colles el eminentiora Urbis loca inducenda nullis difficultatibus nullaque impensae magniludine deterriti, cogitare coepimus; eo nimirum Consilio, ut, fontibus restitulis, et aquis, quae pubi i ras privalasque utilitates hominum societati praebent, salubritatemque corporibus afferunt, reduclis, ilerum iidem colles habitentur, ipsorumque regiones , quae situs prospectu aeris salubritate et loci amoenitate praestant, frequentia populi, qui, benedicente Domino, in dies cumulatius augetur, pristinae iucund itati atque securitati restiluatur. Qua sane deliberatione suscepta, longas latasque iamdiu per eosdem colles vias magna nostra impensa aperuimus, domos et officinas ibidem extruximus exlruique ab aliis fecimus, nundinascommercii hominumque convenlus causa, ad communem usum instituimus, fontes publico usui servientes extruximus, aedificanlibus et habitantibus immunitates privilegiaque dedimus, sacrosanctas basilicas in eisdem collibus a 'religiosissimis quondam imperatoribus aliisque piissimis viris extruclas, frequentioris visitationis eis debitae causa instauravimus, et obeliscis, ili u^tribus antiquorum monumentis genlilitatis impuntate expiatis, crucique inviclae felicius consecralis, ad earum liniinaoprrose magnificeque translatisexornavimus.

5 § o. Atque ut Urbs in ipsis collibus ² tandem incrementum acciperet, ab eodem pontifìcalus nostri initio , aquae illius , quae in agro Columnae via Praeneslina sinistrorsum concipitur, quaeque omnium prima ab Appio Claudio Crasso censore olim in Urbis inferiora et depressiora loca, nempe ad salinas, adducta est, superiorem et puriorem portionem compluribus aquarum scaturiginibusauximus, et potissimum Aquae Marliae, quae quia gelida et salubris, ideo omnium aquarum iucundissima et apud veleres celeberrima censebatur, ramo, quem ex proprio aqua> duclu, magna tamen ex parte diruto, desumpsimus, uberioris aquae copiae in Urbem adducendae causa coniunximus (quae simul iunctac septingentarum et plurium unciarum quantitatem faciunt, et admirabilem specie pulchritudinem immensamque haustu iucunditalem ostentant), ducto sinuoso a capile millium passuum duorum et viginti, a priori receptaculo viginti, cursu sublerraneo anlea tredecim, tunc vero extructis nuper a capite usque ad idem receplaculum subtus terram fornicibus quindecim, supra terram vero arcuato opere scplcm , commeare fecimus; eamque per duosarcus insignes in eodem aquaeductu ad perpetuum rei monumentum erectos, alterum nimirum duobus ab Urbe milliaribus, in loco qui vulgo ad Formas dicitur, alterum vero intra Urbem ad portam S. Laurentii, transire iussimus; et summa totius Urbis laetilia atque bilaritate in Montem Quirinalem ad plateam S. Susannae tandem adduximus, et adduclam de proprio nostro nomine Felicem appellavimus.

6 § 4. In platea autem S. Susannae fonlem primarium quatuor columnis et tribus arcubus splendide ornatura extruximus; in quem aquaeductus tres perennes latices pertolidem ostia, larga aquarum defluentium copia sonoroque strepitu, effundit. Super ostiis vero in arcu medio

7 Ab agro ijilur Columniensium,a'l Montem Quirinale™ Urbis cou<1uxh, eamque Felicem de praprio eius nomine appellavi l.

8 Fonlem pròplerea in platea S. Susannae ornalum construxil.

9 stat marmorea slalua Moysis, qui pelram, unde divinilus olim fluxerunt aquae, virga percutil ; in dextero iteni arcusacerdos Aaron marmorea tabula, quae mullorum capita refcrt, expressus, populum ludaicum sitientem ad aquas ducit; a sinistro vero figura Gedeonis Israelitarum ilucis cernitili', qui, iussu Domini, milites ex bibendi modo probat. In eiusdem vero lbntis conspectu qualuor leones, quorum duo ex albo, duo item ex nigro marmore sculpti, ore aquam ad commodiorem usum et publieum oblectamentum emitlunt. Quo vero fons ipse in maiori se oslentaret prospectu, et publico usui commodior et iucundior redderelur , dietam S. Susannae plateam ruderibus undequaque refertam et maceriis plurimis inaequalem acdeformem, quantum opus l'uit, depressimus, lerram effodimus, atque ad vicina eiusdem piatesi loca decliviora , ut aequarentur , transportari lecimus.

10 § 5. Veruni, ne adiacentes viae, plavus et piaie;e fonlique prominentes et prospectum leas adiacentes 1. ™ , «eqii.-»it, ec et aditum otlenuerent, viam utramque aequavimus, la ni eam, quae a conspeelu ibntis ad Palatili m Apostolicum, quod in eodem colle Quirinali aedificavimus, lendil, et quae a tergo ad portam Piani ducit, quam eam, quae a latore ad templum S. Mariae Angelorum in Thermis Diocletianis vergit; ambasque depressimus, terram effodientes, maceriasquediruentes, et lateritiis hinc inde deambulatoriis, allitudinis duorum pedum, Ialitudinis septem circiter, penes domicilia fulcivimus, ut eas viatoribus faciliores exhiberemus, imo plerisque fontibus locis magis idoneis eas decoravimus. In huius autem adducendae aquae ratione providos vigilesque Ecclcsiae pastores imitati suruus, qui cum ex Domini praecepto populos sibi subiectos pascere teneantur, non solum spiritualia, sed et corporis usui necessaria alimenta, uttotum hominem vere pascant, subministrare conantur.

11 §6. Denique, cum nonsatis sit tantum rr<> du-iao aopus summo labore et tam largo sumplu Iì"'^"'» cuabsolvisse, nisi eo conservando exacta ^ "'^'"i quoque diligentia adhibcatur, praecipue t'"",;i ^oni cum nulluni aedificium diligentionbus vus, p»mii>iis legibus custodir! oporteat, quam quod iV'ìnsiViuiàc! aquas sustinere debet, ut populus Romapus, ceterique, qui Urbem et loca praescrtim editiora incolunt, hoc publico commodo quam diutissime perfruantur ; ad nostram Pontificalem providenliam pertinere arbitrati sumus, ut, quae ad illius conservationem necessaria sunt, sive ad temporis sive ad nominimi iniurias repellendas, quamprimum provide et exacte statuainus. Habila igitur super his cum venerabilibus fratribus nostris S. R. E. cardinalibus matura deliberatone, de eorumdem fratrum Consilio et assensu, ex certa nostra scientia, deque Apostolicae polestatis plenitudine, hac nostra perpetuo valitura constitutione, universani ipsius aquaeductus fontiumque custodiam et curam congregalioni S. R. E. cardinalium prò viis, pontibus etaquis curandis a nobisinstitutae, per praesentes committimus et demandamus; eisque in omnibus, quae ad illorum conservationem et reparalionem nunc spectant, et in futurum quomodolibet speclabunl, plenariani et omnimodam polestatem atque aucloritatem tribuimùs ; necnon de et super praemissis, et eorum occasione, inter et contra quascumque personas, cuiusvis status, ordinis et conditionis, ac tam ecclesiastica quam temporali dignitate, titulo et honore fulgentes, summaric, simpliciter et de plano, manuque regia et sola facli veritate inspecta, cognoscendi, in illisque procedendi, iudicandi et definiendi, ac quoscimique qui aliquid adversus hanc nostram conslitutionem cominiserint, citandi, ipsisque, quatiMius opus Inerii, inhibendi, ci poenas cornili arbitrio penmiarias iniungendi, alque ad illarum incursus declaralionem et executionem, onini et quacumque appellatione penitus remota, procedendo procedique raandandi et faciendi, aliaque necessaria et opportuna, eliam privative quo ad quoscumque iudices et officiales, gerendi et exequendi, plenam et liberam facultatem perpetuo concedimus et impartimur. Si vero ipsa congregatio ob eausas eidem bene visas in aliquibus casibus ad graviorem poenarum declaralionem procedendum duxerit, tunc eidem congregationi aucloritatem concedimus gubernatori Urbis nunc et prò tempore existenti, committendietmandandi, ut in huiusmodi casibus, prout eidem congregationi visum tuerit, contra quoscumque delinquentes ad alias poenas, etiam corporis afflictivas, omni et quacumque appellatone remota, procedat.

12 § 7. Cuna vero in huiusmodi aquaedu- Amiiiiimi» ctu et fontibus conservandis, et cum opus aci.iaciiin.-ius, et cut, reparandis, quamplures impensae [...munì connecessarjac futurae sint, nos, de aliquo certo et ad id destinato proventu providere cupientcs, hac eadem nostra constitutione, ac de eorumdem fralrum nostro. rum Consilio et assensu, loca nonaginta et unum Montis religionis nuncupati, per nostras desuper expedilas litteras, certis modo et forma nuper aucti, annuum reditum scutorum septingentorum monetae et bononenorum septuaginta constituentia, eidem aquaeductus et fontium operi eorumque custodiae et resiaurationi perpetuo concedimus et assignamus; ea nimirum lege ut dictus annuus reditus illiusque sors numquam irnminuatur, neque in alios usus converta tur. Ouod si quandoque ipsum opus resarcire non fuerit nccesse , tunc praefatus annuus reditus sorti ac rescat, et in emptionem aliorum st'ivaiiciie assidua.. mentum convertalur. Adminislrationem autem praefati reditus ci angmcnti, necnon illius liberam dispositionem nunc et perpetuo penes eamdem congregationem esse volumus ; praedictumque reditum in toto vel in parte, alias quam per dictae congregationis mandala depositario eiusdem Montis nunc et prò tempore existenti dirigenda, exponi et per dictum depositarium sine eiusdem congregationis mandatis solvi omnino prohibemus.