Page:Canons and Decrees of the Council of Trent Buckley.djvu/345

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312
ANCIENT CONSTITUTIONS.

which may be deserving of commendation than of correction; most attentively taking care that the monasteries already mentioned be not oppressed by them with undue burdens, because we desire that the rights of the superiors be observed, so that we should not wish to allow of the wrongs to the inferiors.[1] To this end, we strictly enjoin, as well to diocesan bishops as to the persons who shall preside over the holding of the chapters, that appeal being removed by ecclesiastical censure, they would restrain advocates, patrons, vice-lords, rectors and consuls, nobles and soldiers, or any other persons soever, that they presume not to offend the monasteries in persons and things. And if perchance they should offend, they should not neglect to force them to make satisfaction, to the end that they may be able the more freely and quietly to do services unto Almighty God.

Innocent III. in the Council of Lateran.

From Book 4 of the Decretals, tit. III. on Clandestine Betrothal, cap. 3.

(Seas. xxiv. decret. de reform, matr. cap. 1.)

Whereas the prohibition of the conjugal tie has been recalled in the three last degrees, we desire it to be strictly observed in other cases. Whence, treading in the footsteps of our predecessors, we altogether prohibit clandestine marriages; forbidding even any priest from being present at such. Wherefore, extending the special usage of some places to others generally, we decree, that when marriages are to be contracted, they be called out publicly by the priests[2] in the churches, a sufficient period being defined, that within it whosoever may be willing and able may oppose a legitimate impediment, and the presbyters themselves may nevertheless examine whether any impediment stand in the way. But when a probable conjecture shall appear against the tie to be contracted, let the person so contracted be expressly interdicted, until it shall appear from plain proofs what ought to be done on the subject.

  1. Ut inferionim nolimiis injurias sustinere.
  2. Presbyteros.