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Summary. Patrons and others who
exceed their rights in the matter of church government are to be restrained by
censures. If they kill or mutilate a cleric, they shall lose their rights and
to the fourth generation their posterity shall be excluded from clerical state.
Text. In some provinces
patrons, vicegerents, and advocates of churches have so far advanced in
insolence that not only do they create difficulties and mischief when vacant
churches are to be provided with competent pastors, but they also presume to
administer the possessions and other ecclesiastical goods at their own will;
and what is worse, they do not fear to put the prelates to death. Since,
therefore, what has been ordained as a means of defense must not br perverted
into an instrument of destruction, we expressly forbid patrons, advocates, and
vicegerents in the future to extend their jurisdiction in the aforesaid matter
beyond what is permitted them by law. and should they act contrary to this, let
them be restrained by canonical penalties. With the approval of the holy
council we decree that if patrons, advocates, feudal tenants, vicegerents, or
other beneficiaries should presume either per se or per alios to kill or
mutilate the rector of some church or another cleric of that church, the
patrons shall lose absolutely their right of patronage, the advocates their
office of counselor, the feudal tenants their fief, the vicegerents their
vicegerency, and beneficiaries their benefice. That the punishments may not be
impressed upon the memory less deeply than the excesses, not only shall their
heirs be deprived of all favors accruing to them from the aforesaid offices,
but to the fourth generation the posterity of such shall be absolutely excluded
from the clerical state, nor may they hold the office of prelate it, religious
houses, unless by an act of mercy they have received a dispensation.
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