Page:Canons and Decrees of the Council of Trent Buckley.djvu/351

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318
ANCIENT CONSTITUTIONS.

the same archbishop (after he has examined the cause, and ascertained that it is not a reasonable one) not delay to send back the cause to the same suffragan.

Innocent IV. in the Council of Lyons.

From the Sixth of the Decretals, lib. 5, tit. VII. de Privilegiis, cap. 1.

(Seas. vii. de reform, cap. 14.)

Wishing that the liberty, which the Apostolic See. has conceded to some with a privilege of exemption, should be observed so unimpaired, that both others may not infrine it, and they themselves may not exceed its limits, we define by an irrefagable declaration, that, however much those so expected may enjoy such liberty, still, however, with respect to the offence, whether of contract, or of the matter concerning which proceedings are taken against them, they may duly be convened before the ordinaries of the plaises, and they may with respect to this exercise their Jurisdiction against them (as justice requires).

Are they then altogether deprived of the advantage of liberty in these instances? Certainly not; because neither in presence of the ordinaries themselves, provided it was in the exempted place that the fault was committed, or the contract entered into, or the matter, the subject of litigation, took place nor where they hold a residence, if they commit the offence elsewhere, or make the contract, or the matter itself occur, can they be convened in any respect regarding these points; nor under the pretext of residence are the diocesans of places (if they be convened where they have committed the offence, or have entered into a contract, or the matter itself takes place) to have any power to send them back there, or to enjoin them to answer there; reserving, nevertheless, other cases, in which the canonical institutes direct them to be subject to the jurisdiction of the bishops. And this, same decree we pass concerning those to whom it has been conceded by apostolic privilege, that they are not obliged to answer those bringing complaints against them except before one judge. But against those, to whom indulgence has been conceded by the Apostolic; See, that they cannot be interdicted, suspended, or excommunicated by any one, as several of them are religious persons, in