Page:Canons and Decrees of the Council of Trent Buckley.djvu/328

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BONIFACE VIII.
296

ability of the place, which, indeed, seems to be possible, when the proprietor of the same demesne is willing to contribute twenty acres of good land for the uses of the priest. But if the parson of the mother church delay to present a proper individual, or shall be disposed to impede that measure, do you, nevertheless, see that the same measure be brought to perfection, and omit not to induct a worthy man, the refugee of appeal being taken away.

Boniface VIII.

From, the Sixth of the Decretals, lib. 1, tit III. on Rescripts, cap. 11.

(Sess. xxv. de reform, cap. 10.)

A statute, which we recently published concerning judges to be deputed by the Apostolic See, we have deemed it necessary to reform for the better by the present sanction, which we command to be observed without infringement, being urged to from regard to utility, because some things contained in it, which were supposed to have been introduced for the common interest (as experience showed), were discovered to possess a mischievous tendency. We therefore enact, that to none but those endowed with dignity, or holding a personate, or to canons of cathedral churches, causes touching the authority of letters of the Apostolic See, or its legates, be in future intrusted; and that they be heard nowhere else than in cities or remarkable places where access to skilful persons may readily be had.

Boniface VIII.

From the Sixth of the Decretals, lib. 3, tit. II. concerning Married Clerks, cap. 1.

(Sen. xxiii. de ret cap. 6.)

Clerks, who have contracted with single persons and virgins, if they lay aside the tonsure and clerical garments, may retain the privilege of the canon issued by our predecessor, Innocent H., in favour of the entire clerical order. [L. c. 29, cxvii. q. 4.] And whereas, according to the Council of Paris [c. 2, X. de foro comp. ii. 2], no clerk can be constrained or condemned by a secular judge, by our present edict we declare, that such clergy, being mamed, cannot, for excesses or offences committed by them, be forced, by a cri-