Page:Canons and Decrees of the Council of Trent Buckley.djvu/347

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314
ANCIENT CONSTITUTIONS

holy fathers with foresight ordained, that an impeachment against prelates be not readily listened to, lest, the pillars being shaken, the edifice should totter, unless diligent caution be applied, by means of which the door may be shut against not only false, but also against malignant crimination. But in such manner did they wish to provide for the interests of prelates, that they might not be accused unjustly, so, however, as to beware that they did not offend insolently, finding a suitable remedy against both diseases, to the end that a criminal accusation, which is brought in order to procure degradation,[1] may by no means be admitted, unless a legitimate inscription precede. But when any one has become so infamous by reason of his excesses, that the cry now ascends, which can no longer be concealed without scandal, or tolerated without danger, without a scruple of doubt, a desire to inquire into and punish his excesses should proceed, not from any lurking hate, but from a feeling; of charity, inasmuch as, if the excess be serious, though he may not be degraded from his order, he may, however, be removed from the administration, which is according to the sentence in the Scripture, for the steward to be removed from his stewardship, who cannot render a proper account of his stewardship. Wherefore, he ought to be present against whom the inquiry is to be made, unless he shall absent himself through contumacy, and those heads are to be explained to him, concerning which inquiry shall have to be made, that he may have an opportunity of defending himself. And not only the sayings, but the names also of the witnesses are to be published for him, that it may appear what may have been said and by whom; and, also, lawful exceptions and replies are to be admitted, lest by a suppression of names there may be occasioned a daring spirit of defaming, and by an exclusion of exceptions, a spirit of alleging falsehood. To correct, therefore, the excesses of his subjects, the prelate ought to arise so much the more diligently, as he would incur greater damnation in allowing their offences to pass by uncorrected; against whom, to say nothing of our excesses, though there are three modes of proceeding, viz., by their accusation, denunciation,

  1. Diminutio capitis.