d be necessary,
a censure--ordering the said provincial to quash the entire process,
to deliver it to him, and to desist from the cause by saying that he
alone has the power to try it. The provincial appeals to the judge
delegated by his Holiness and he, as he has entire jurisdiction of
the case, commands the ordinary with the warning of censure to leave
the cause alone and deliver up the acts. The latter not obeying,
the matter may be carried to such an extreme that two ecclesiastical
prelates excommunicate each other, and threaten each other with
interdict and the cessation of divine service. This is not fancy,
for that has happened in like case in Manila. That is the greatest
danger since, because of the great distance, redress moves with
very dilatory steps. But in the meanwhile the suits concerning the
religious are proceeding from tribunal to tribunal, contrary to the
clearly expressed privileges of his exemption.
731. But let us suppose that the regular parish priest is unworthy
to persevere in his mission because of secret sins, and that, even
if he remain in it, he may run some risk of his salvation. The
provincial learns of the matter secretly. In such a case, justice
requires two things--one, the punishment of the guilty person; and
the other, that the delinquent shall not lose his reputation by the
declaration of his fault. Charity urges him to remove his subordinate
from danger. If that regular administers without canonical institution
and subjection to the ordinary, everything will be settled very easily,
and justice and charity will be satisfied without any infamy to the
criminal or any dishonor to the order. But if he is subject to the
ordinary, the provincial cannot remove him by his own authority; but
he must have recourse to the ordinary himself, and to the vice-patron,
and then those two agree on the removal. In that case, what can the
provincial say to them? If he should say that he will impart to them
in all secrecy the [nature of the] crime of his subject, that means
is harsh and less safe. The ordinary and the governor, as the father
and the master, may correct and punish the faults of their inferiors
without the least wound to their honor; and must a provincial do so by
dis-accrediting his subordinate with the heads of the community? If
it is decided that the superior do not tell the kind of crime, but
that he asseverate in general terms that there is cause to remove the
religious from that pl
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