minal or civil indictment, before the secular seat of judgment, nor ought they to be, by any means, condemned by secular judges themselves, either in person or even in money (that there may not in one way be conceded to the same judges what is denied by another). But in all other cases, or unless, as it is premised, they lay aside the tonsure or clerical garments, even in the premised cases we are unwilling that they should enjoy the clerical privilege.
Boniface VIII.
From the Sixth of the Decretals, lib. 3, tit. III, of Clergy not residing in the Church or Prebend, cap. 1.
(Sess. xxiv. de ref. cap. 12.)
Entirely disapproving the custom, which has come in vogue in certain parts, according to which canons and other beneficed persons, or clergy of cathedral and other collegiate churches, enjoy daily distributions (which are otherwise named manual benefices, or victuals, and are bestowed only on residents), after what manner soever they may be present in the cities or other places in which the churches themselves stand, though they may not attend at the divine offices, precisely as if they officiated regularly in the same offices in the very churches, we decree, that these daily distributions, of what things soever they consist, be bestowed on the canons and other beneficed persons and clergy of the very churches, who may attend at the same offices in the churches themselves, according to the proportioned ordination of any church already made or even to be made. But whoever shall receive anything out of these distributions otherwise (excepting those who might be excused by infirmity, or a just and reasonable bodily necessity, or the evident interest of the Church), he is not to acquire the ownership of the things so received, nor is he to make them his own; nay, he is to be bound to a restitution of all that he has received contrary to this our constitution. Concerning the distributions also to be given away for the anniversaries of the dead, we decree that the same thing is to be observed.
