Page:Canons and Decrees of the Council of Trent Buckley.djvu/242

210 by a special rescript under the signature of his Holiness, signed with his own hand. Furthermore, matrimonial and criminal causes shall not be left to the judgment of a dean, archdeacon, or of other inferiors, even when on their course of visitation, but shall be left for the examination and jurisdiction of the bishop only; even though there should at present be a suit pending, in what stage soever of the proceedings it may be, between any bishop, and the dean, or archdeacon, touching the cognizance of this class of causes: and if, in his presence, one of the parties shall truly prove his poverty, he shall not be compelled to plead out of the province, either in the second or third stage of the suit, in any said matrimonial cause, unless the other party be willing to provide for his maintenance, and also for the expenses of the suit. Legates also, even though de latere, nuncios, ecclesiastical governors, or others, shall not only not presume, by force of any powers soever, to hinder bishops in the causes aforesaid, or in any wise to forestall or disturb their jurisdiction, but they shall not even proceed against clerks, or other ecclesiastical persons, until the bishop has been first applied to, and has proved negligent. Otherwise their proceedings and ordinances shall be of no avail, and they shall be bound to make satisfaction to the parties for the damages brought upon them. Furthermore, if any individual should appeal in those cases allowed of by law, or lodge a complaint touching any grievance, or otherwise have recourse, as aforesaid, to a judge, on account of two years having elapsed, he shall be bound to transfer, at his own expense, to the judge of appeal, all the acts of the Proceedings that have been carried on before the bishop, having, however, previously apprized the said bishop; that so, if anything seem fit to him touching the information pertaining to the suit, he may signify it to the judge of appeal. But if the appellee shall appear, then shall he also be bound to bear his proportion of the costs of the acts transferred, provided that he wish to make use thereof: unless it be the custom of the place to act otherwise, to wit, that this entire burden fall upon the appellant. Moreover, the notary shall be bound to furnish the appellant, upon payment of a suitable fee, with a copy of the proceedings as soon as possible, and within a month at latest. And