Page:Canons and Decrees of the Council of Trent Buckley.djvu/113

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ON REFORMATION.
81

politan, or even to his vicar-general in spiritual matters; or if he be for some cause suspected, or be distant more than two days' journey, as settled by law,[1] or if the appeal be made from him, it shall be committed to one of the nearest bishops, or to their vicars, but not to inferior judges.

CHAPTER III.

The Acts of the First Instance shall, within Thirty Days, he given gratuitously to the Accused Appellant.

The accused who is in a criminal cause an appellant from the bishop, or from his vicar-general in spiritual matters, shall absolutely produce, before the judge to whom he has appealed, the acts of the first instance; and the judge, without having seen them, shall by no means proceed to the absolution of the accused. But he, from whom the appeal is made, shall furnish, on the demand [of the appellant], the said acts gratuitously within thirty days; otherwise such case of appeal shall be terminated without them, in the way that justice may recommend.

CHAPTER IV.

In what manner Clerks[2]are, on accord of Grievous Crimes, to he degraded from Holy Orders.

But whereas crimes so grievous are sometimes committed by ecclesiastical persons, that, on account of the atrocity thereof, they must be deposed from holy orders, and delivered over to a secular court: in the which case a certain number of bishops is, according to the canons [3] required; and, should there be a difficulty in assembling them all, the due execution of the law would be delayed; and, should they on any occasion be able to be present, their residence would be interrupted,—therefore hath the synod ordained and decreed, that it shall be lawful for a bishop, by himself, or by his vicar-general in spiritual matters, even without the presence of other [bishops], to proceed against a clerk, even against

  1. Legales dictas.
  2. I use the word "clerk" to denote one in any ecclesiastical office. See Du Cange and Junius
  3. Concil. Hispal. II. c. 5.