Page:Canons and Decrees of the Council of Trent Buckley.djvu/309

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276
MOTUS PROPRIUS.

Michael Saracenus, of St. Anastasia, Giovanni Eattista Cicada, of St. Clement, Michael Alexandrinus, of St. Sabina, Clement of Saint Mary in Ara Cœli, Louis Simoneta, of St. Cyriacus at Thermæ, Carlo Borromoeus,of Saint Martin on the Mounts, all priests, and further to Yetellotius, cardinal-deacon of Saint Mary in the portico of Vitellius, to the end that they themselves, or the majority of them, conjointly or separately, by their free will, and even as executors of the aforesaid letters, constitutions, and decrees, may cause the constitutions and ordinances and decrees aforesaid, according to their tenor, and that of the letters sent forth to this effect, to be observed steadfastly and effectually, through all the judges and officials of the courts of penitentiary[1], vicariate,[2] of the chambers and the aforesaid tribunals, under the penalty of excommunication to be thereby incurred, and deprivation of offices, and other such [penalties] as may seem fit to the same cardinals, even pecuniary miucts to be incurred by the same fact (unless in the execution as well of the aforesaid decrees of the council, as of our letters already mentioned, some doubt or difficulty shall have arisen, in which case they may refer to us), even the aid of the secular arm being called in, if need shall be, and let them take care, announce, decree and declare, as we by these presents[3] denounce, decree, and declare, that those who shall not comply with the aforesaid letters and decrees, and the commands of the same cardinals, from the present time, as from the same day, being deprived of such offices, and also considered as unfit in future to obtain those and other offices of the Roman court, and they themselves being thus deprived of the offices, [let them take care, announce, decree, and declare, as we do,] that those offices being vacant by privation, be sold by our datarius,[4] and may be purchased

  1. Pœnitentiaria: the Roman tribunal over which an ecclesiastic presided, called the Pœnitentiarius major. To this functionary was assigned the office of deciding cases reserved for the bishops. The dignity is said to have been instituted in cathedral churches by the Council of Trent, Sess. xxiv. cap. 8, Sess. xiv. cap. 7. See Du Cange, Gloss. 8. v. Pœnteniariua major.
  2. See Du Cange. vol. vi. p. 1549, sqq.
  3. Harum serie.
  4. The datarius is the chief officer of the Roman chancery, always at prelate, and sometimes a cardinal, so called from the letters issued, to