Storia do Mogor 361.2.5

361.2.5

Is not this a splendid device for rendering us odious to every lover of justice? But who is aware that Monsignor and the reverend Jesuit fathers have followed rules which are directly opposed to the prescriptions of the Church? We find their pretended excommunication to be null and void, as even you can see, gentlemen, from the following words: 'Judex declarans aliquem excommunicatum vel incidisse in excommunicationem' — [If a judge declares anyone excommunicated or fallen under excommunication, although he has not been cited to appear, the declaration is absolutely null and without any effect] — 'ipso jure sine citatione illius, qui declarandus est, declaratio est nulla:' Glossa in Clementina 'Praesenti' in versu 'Constiterit' 'De Censibus,' and in the Clementine Constitutions, second vers., 'De poenis,' and Navar. 'Con.' 4 et 9, nunc 4, 'De Sententia Excommunicationis.' You cannot deny, gentlemen, that we fall under this rule, and I can never believe that you can approve those who act entirely contrary to the above ordinance of the Church. Yet this is what the Lord Bishop and also the reverend Jesuit fathers have done, for where is the citation issued to the Reverend Father Esprit of Tours ? You know very well, gentlemen, that he was never cited. Where are the proceedings that ought to have been held in the case against him ? Where are the depositions of the witnesses to be found ? Where is the official record of the case ?