dete? Seis ALA es “ “F “i * : js CALA oh % - Soba etssZ net of eS Aaveteass (ile Ee nS ans os ptm, eee Sea > y ) 4 Pe Yop’ y rréin ia 2 ete 4 if m eS a, prt 2 mes Sites, te 5 %,) . y P tie fa t haat The ye SAN Ae 3 Pee an eae ae sna rit ' ant A Ea SP ales aD Se Pa « ee ety eh el Wee ms la vA : if i , t j hs, ha Yai ghh A PRACTICAL COMMENTARY ON THE CODE OF CANON LAW A PRACTICAL COMMENTARY ON THE CODE OF CANON LAW |, JAN Pe 1927. Sy Lea Ocicat sew BY Rev. Lyre ern O.F.M., LLB. WITH A PREFACE BY Rt. Rev. Msgr. PHILIP BERNARDINI, 8.T.D., J.U.D. Professor of Canon Law at the Catholic University, Washington, D. C. VouumeE II Second, Revised Edition New York JOSEPH F. WAGNER (Inc.) Lonpon: B. HERDER 1926 Ribil Sbstat: Fr. BENVENUTUS RYAN, O.F.M. Fr. THOMAS PLASSMANN, O.F.M. Imprimi Botest: Fr. MATHIAS FAUST, O.F.M. Minister Provinctahs Hribhil Obstat: ARTHUR J. SCANLAN, §8.T.D. Censor Librorum Imprimatur: + PATRICK CARDINAL HAYES Archbishop of New York New York, SEPTEMBER 22, 1925 Coryriaut, 1925, py JoserpH F. Waaner, New Yore PRINTED IN THE UNITED STATES OF AMERICA CONTENTS Tur THIRD Book 1) LEE BIN Cara cn Senet AI oat hatayt ane PART TWO—Or Sacrep Puaces AND SEASONS . ...... it SUCTION I —--WR DACREDIELAGESH Why py) MING Lg) Hip ta nen tad, be, ot atau ak PPiplemee OT CDUPCheSt ye React Dts URSA A Le ae wN ccs hon gM RCO IKE oly) soe) Pit lemme wet OTALOTICS are hint nies eau ah ett Me ID baa DMT mau i 2s DED Title XI. Of Altars. . . AMA TS MAS Ae Taha LAUT TN MDL oe Me kee SUR O47 Title XII. Of Ecclesiastical Biel CN OC EEN Aire CLAD TE Na tia R ch Moment ate, ple A aay Chapter I. Of Cemeteries. . 30 Chapter II. Of the Transfer of the Body eB we Cnaren erat Services and Interment. . 35 Chapter III. Of the Persons to whom Ecelenasticnt Burial is tio be Pranted Or Ueniedi erin ny eat ute Ra Nt ali aed, Section II—Or Sacrep Seasons . . . . . . . «sss 49 Title XIII. Of Feast Days... 2 LD CLAN sae Atal era ate 8 Title XIV. Of Abstinence and Fasting, . OC OY paisa NASR ORE Ore CRN 5 Ys PART THREE—Or Divine Worsuip . . ‘ Deon Aan OS. Title XV. Of the Custody and Cult of the Holy Puoharist: eae ter Wa Of Title XVI. Of the Cult of the Saints, Sacred cae anciRelics yeu 7h Title XVII. Of Sacred Processions . .. . Si Ree ea aoe et O A tleAey LL Oratred MLUTISNINGS hark meee Ne Won Me Wien es OU Le Pk ites ALS OrVvows and) Oaths, i cau ave NOE ON a le wih 8 PRE DCET itl oh OLUVO WS cree elie it at (is ial Stan) oles Ay PNG a Ail Leth Oe CADET ELLE HOE OR UDSi) pete acid) Area NG ati BN eam e RC GSN Bat Oe PART FOUR—Or rue TEeacHING AUTHORITY OF THE CHURCH . . 96 ithe XX. (Of the Preaching of the Divine: Words} wah an i ee Wek a 98 Chapter ila Or Gatecheties i Inctrictiqn ht caulen Wei oe e shi Schuhe OO Chapter LiaOboacrea Lreachin gael ai, ent eu CARS AS leah LOZ Chanter: LLU Otmacred Missions, siti cine te nurs pec e ML olivaiy| vat LOG PLL Ley Xe Lee CCID TICS Orit har et cunt) oo pm Oe er Pein oie Wee Cus sein Title XXII. Of Schools... OTRO RES 1 SW § Title XXIII. Of the Censorship And the Brehbincn a Beales Sh pv Bren eo Chapter I’. Of-the Censorship of Books . .0 6 40%) soo... 121 Chanter, lL OF the Prohibition: of Booksiin aig ndectemm ey ah se veal? itioun ATV. Ob the, Profession ofr aith ion Wipe sulteen te be eta deo Vv vi CONTENTS PAGE PART FIVE—Or BEnericres AND OTHER NoNn-CoLLEGIATE INSTITUTES OF THE CHURCH .... Sa ae tad he cys) he em aS aE LoD Title XXV. Of Ecclesiastical Boe Pete hu Mat inet iat LO Chapter I. Of the Constitution or Erection of Benenees Vans Lee 137 Chapter II. Of the Union, Transfer, Division, Dismemberment, Gans version and Suppression of Benefices. . . . . . 140 Chapter III. Of the Conferring of Beneficeés*7..7 5." . 127) 5 140 Chapter IV. Of the Right of Patronage . . Sih ei te Te ek sy | Chapter V. Of the Rights and Duties of Peasants AO ea ee ee LOU) Chapter VI. Of Renunciation and Exchange of Benefices . . . . 162 Title XXVI. Of Other Non-Collegiate Institutes of the Church . . . 163 PART SIX—Or tur TemporaL Goops oF THE CHURCH . . . . 165 Title XXVII. Of the Acquisition of Ecclesiastical Goods.. . . . . 166 Title XXVIII. Of the Administration of Ecclesiastical Goods. . . . 178 Title XXIX. Of Contracts . . OME DAR Mile 9 aklicop ys. obs nd fed Title XXX. Of Pious netndatione! SRE DL teste a ee TRS RL eS THE FourtH Book OF CANONICAL “TRIALS 2) 2). 2) 197 PART. ONE—Or ORDINARY TRIALS: een eee ee enn LOG Section 1—Or Triats IN GENERAL . . .... .. . =. 199 Title I. Of the Competent Forum . . va geen 199 Title II. Of the Various Degrees and Stee of ebareley a eee 208 Chapter I. Of the Ordinary Tribunal of the First Instance. . . . 204 Article I. Ofthe Judge. . . EW Laer tha emai Lay eh on Ae bE Article II. Of Auditors and Reroress ae eas 206 Article III. Of the Notary, Prosecutor, Dejoer Vance i ON Oey Anh DCTS Article IV. Of Couriers and Apparitors. . Mae, 200 Chapter II. Of the Ordinary Tribunal of the Second Tneranes aoa 2200 Chapter III. Of the Ordinary Tribunals of the Apostolic See . . . 210 Article:I.* Of the Sacred Roman sRota\ 2) 22/149 eee Article 11> Of the :Signatura “A postolica 200) 2 a ee Chapter IV. Of the Delegated Tribunal . . eS oo OR aren eee oat Title III. Of the Rules to be Observed by the Garis SE SY a a cee Chapter I. Of the Office of the Judges and Court Officials . . . 215 Chapter II. Of the Order of the Calendar. . EEE Dab Chapter III. Terms of Postponement and Fatalia Legit tes a 24 Chapter IV. Of the Place and Time for Court Sessions. . 225 Chapter V. Of the Persons to be Admitted to Court Sessions ana af the Manner of Drawing up and Preserving Judicial Actsr es) 4 oun LM PASE ah re Al aS a eee Title IV. Of the Parties to a Trial. Se 1 Veemeey way So: weiss Chapter I. Of the Plaintiff and the Defendant ol httiew oul Jit Sea aes Chapter II. Of Proxies in Litigations and Advocates. . . . . . 2381 CONTENTS vii PAGE Title V. Of Actions and Exceptions . . 234 Chapter I. Of the Sequestration of Goods And ‘te Tapmecon of the Exercise of Rights. . . 236 Chapter II. Of Actions to Halt New Bn teentices ae re Obey Security Against Danger to One’s Property . .. . 237 Chapter III. Of Actions Arising from the NulhivroteActsa ay © sx. 239 Chapter IV. Of Rescissory Actions and the Restitutio in Integrum. . 241 ChaptermuV. Ol;Actions and: Counter-Actions ts) e yo ie et 249 Chapter VI. Of Possessory Actions or Remedies. . . . . . . 243 Chapter VII. Of the Extinguishment of Actions. . . . . . . 246 Nites aQi the Introduction olatCasey gene tou coe feat) Mila, bhi MORT Chapter I. Of the Bill of Complaint .. Ab aT § Chapter II. Of the Summons and the Nenned ine af J ain! ets . 253 dt tlemy Lien OL the.Contestat.o. [itisn ) oo snare ulne ir cu eal bs A WR ORE Title VIII. Of the Instance of a Suit. . . Se a stmt Jere OC) Title IX. Of the Interrogation of the Parties in M @oart cite CM TL RLS Title 7X" Of Proofs’). ); AALS NS Ne ANS Lael oOo Chapter I. Of the Contesion fs res Partics Pea enee nH Ne Ss DOG Chapter II. Of Witnesses and Testimony. . . . . . . . . 267 Article I. Persons who can be Witnesses. . . . . 269 Article II. Introduction, Number and Exclusion of Winey a Cc ar pA Article III. Of the Oath Be WYTINCSSCS a anime uni Mee (hg A) gia ere Article IV. Of the Examination of Witnesses. . 274 Article V. Of the Publication and the Rejection of ihe Teens of Witnesses .. Moe van Re ee Article VI. Of the Compensation afi tnensca Cares VGN 279 Article VII. Of the Appraisal of the Depositions of ayitnerecs Hn Were Chapter III. Of Experts. . . Tie er en SA eo ER a SOU Chapter IV. Of Judicial Access nad Tnerectien DE Fa: OREN AUR Ht ay tes} Chapter V. Of Documentary Proof . . MIS MONE AN terns: Article I. Of the Nature and Weight of Beatnents mt 9 . 284 Article II. Of the Exhibition of Documents and of the Neace to Poree ttheir teh Dition ere a ee etn ch Cte NS ORT Chapter VI. Of Presumptions . . MRO Cee hte eee LM WAT ORS Chapter VII. Of the Oath of the aries MME elas: PME Slt AR ye DOO atiooN LaOte Incidental Cases Samant iiclt Mame ei wil ud, ate eter ee ZOD Chapter I. Of Contempt of Court . . a 203 Chapter IJ. Of the Intervention of a Third Parevit ina @ise Sinn 297 Chapter III. Of Attempts Prejudicial to the Object in Conrcreat Pending the Litigation. . . 298 Title XII. Of the Publication of the Process, the Gloag nf the Cake a Pleading wie Me Ber OUT eile bia as oie Lee SOO) Title XIII. Of the Sentence... mens Me @ Sait are Beas 4 Title XIV. Of Legal Remedies A atiet the Serienee SL cls Rare ee as eae ates A Chapter I. Of the Appeal. . A oOG Chapter II. Of the Complaint of N nihey ee, the Benietice ei SOD Chapter III. Of the Opposition of a Third Party.. . . . . . . 8ll vill CONTENTS Title XV. Of the Res Judicata and Reinstatement in Former Position . Title XVI. Of the Costs of Trials and of Gratuitous Legal Service Chapter I. Of the Costs of Trials. . Chapter II. Of Gratuitous Legal Service Ae Rednencn ae judicial Expenditures . Fats Title XVII. Of the Execution of the Sentence Srection Il.—Or ParticutaR REGULATIONS TO BE Cnn IN CERTAIN TRIALS . . Title XVIII. Of the Ways of Avoiding Civil T vale Chapter I. Of Compromise . : Chapter II. Of Compromise by rhieenean Title XIX. Of Criminal Trials. : ; Chapter I. Of the Action of Accusation ara of Dsnvaeirnon Chapter II. Of the Investigation . ’ Chapter III. Of the Rebuke of the Ofendes ; Chapter IV. Of the Criminal Prosecution and the Sumani of he Offender . Te awe ; Title XX. Of Matrimonial Cases . Chapter I. Of the Competent Forum Chapter II. Of the Constitution of the pana 3 Chapter III. Of the Right to Attack Marriage and Parien Han a Dispensation from Unconsummated Marriage . Chapter IV. Of Proofs Article I. Of Witnesses : Article II. Of Bodily Inspection. . Chapter V. Of the Publication of the Braces Cleans af ihe Hive dence, and Sentence SONS ate re : Chapter VI. Of Appeals : Chapter VII. Of the Cases Excepted: for ie Horntiest aft an Ordinary Trial . Title XXI. Of Cases Against Sacred Graertion! PART TWO—Or Causes oF THE BEATIFICATION OF SERVANTS OF GoD AND THE CANONIZATION OF THE BEATIFIED Title XXII. Of some Persons who take Part in These Processes . Chapter I. Of the Actor and Postulator . / Chapter II. Of the Cardinal Relator, Promoters of the Faith ath Sub-Promoters .. : Chapter IIT. Of the Notary, Ghanealar and A tore : Title XXIII. Of the Proofs to be Supplied in These Processes Chapter I. Of Proofsin General .. Chapter II. Of Witnesses and Experts Chapter III. Of the Documents to be Stbmiitted’s in ae Punkees 7 Title XXIV. Of the Process of Beatification of Servants of God by the Way of Non-Cult. .. Chapter I. Of the Processes Conducted by the iter Ontinaess in His Own Right . SN LR Ok me PAGE 313 . 315 315 . 316 . 318 . 321 . 321 . 321 . 323 . 325 . 325 . 328 . 330 . 332 . 334 . 334 339 . 342 . 343 . 343 345 . 346 347 . 347 . 350 . 362 . 356 356 . 357 . 358 . 359 . 359 . 360 . 363 364 , 364 CONTENTS Ix PAGE Article I. Of the Examination of the Waene of a Servant of God. 365 Article II. Of the Informative Process. . NUS thee WS aA a3) & Article III. Of the Process Regarding Non-Cult REM Roe st Wa) rt sO Article IV. Of Transmission to the Sacred Congregation of the Process on the Writings of the Servant of God, of the Informative Process, and of the Process of Non-Cult . 369 Chapter II. Of the Introduction of the Cause Before the Sacred Con- gregation. . SENN Stig mat ohh eet St OO Article I. Of the Review of ie avieatiee Bri! seats Pvp oOo Article II. Of the Discussion on the Informative Progees ius sll BCs Yi | Article III. Of the Discussion of the Process on Non-Cult . . . 372 Chapter III. Of the Apostolic Processes... SPL Sali Bas Y fs Article I. Of the Institution of the Apostolic Brandan Seki 373 Article Il. Of the J Raia on the Validity of the iMectaie Process.’ . SY 6s) Article III. Of the J Ghement on ite Horie Ghareter oe the Virtlics in Particular, or on the Martyrdom and its Cause. . 376 Article IV. Of the J Gagient of the Miracles of a Servant of God in Particular. . 378 Title XXV. Of the Process of Bentificaticn: of Ae i God hy ihe Way of Cult or the Exceptional Case . . . . . . 380 Title XX VI. Of the Canonization of the Beatified . . . . . . . 382 PART THREE—Or tur MANNER OF PROCEDURE IN CONDUCTING CERTAIN AFFAIRS AND IN THE APPLICATION OF PENALSANCTIONS .. . . 383 Title XXVII. Of the Manner of Procedure in the Removal of eaae able Pastors. . . 384 Title XXVIII. Of the Manner of Procedre in is ipeinoval of Remove able Pastors. . . . 390 Title X XIX. Of the Manner of Proce in te Dransree of Dake nse . 391 Title XXX. Of the Manner of Procedure Against Clerics Violating the Law of Residence .. . 392 Title XXXI. Of the Manner of Rrocedure Against Glories Vay in Concubinage ... . 394 Title XXXII. Of the Manner of Procedure eee a Pager Nevers in the Fulfillment of His Pastoral Duties . . . 395 Title XX XIII. Of the Manner of Procedure for Infliction of rhe Suspen- SION eeu 1OTnand COTSCLENnLA as iru PO le inn ie OOO Book FIvEe OF OFFENSES AND PENALTIES. .. . . 401 PART ONE—Or OFfFrensgs .. Ree Se RT k chien ee ADL Title I. Of the Nature and Denon of Onaiees et Sutin ea is SPL Title II. Of the Imputability of an Offense, the Causes mien BS openvate or Diminish Imputability, avid the Juridical Consequences OLB CCS S ha des Na ate Me RAM Attn Nee hg AOS x CONTENTS PAGE Title TIT. Of ‘Attempted Offenses. sh 2 oye tat ee pl en ree 411 PART) TWO--OPruPENALTINS (hint esl ni (etniyts oc let ee ee Section I—Or PENALTIES IN GENERAL . . 412 Title IV. Of the Definition, Species, Interpretation ana Application ap Penalties . . a) Se . 412 Title V. Of Superiors who Have ‘exges Pane Seis. eh ude ARS a aan Eo Title VI. Of the Persons Subject to the Coercive Power. . . . . 419 Title VII. ‘Of the Remission of Penalties se ecm un pra enemies SEGTION IlL_-Or PENALTIES SIN (PARTICULAB Glue) 0 Semmes unrammaas oat Title VIII. Of Medicinal Penalties or Censures. . . . . . . - 427 Chapter I. Of Censuresin General . . © - + + + + = | 427 Chapter IJ. Of Censuresin Particular. . . - - + - + + : 438 Article.1. Of dexcommunication , jess cdi es eek a ee es Article LLU Of the interdict cats ty ne oe) kein allies) carte ean Wrticle IL1., Of: Suspension®. 76 “peg aeureenmsenee sit) oct ee oer Oe 449 Title IX. Of Vindicative Penalties . . Spe Bhs WI Fa rms rE Oe Chapter I. Of Common Vindicative Penaiticn AY tty ne eles 4.00 Chapter II. Of Vindicative Penalties Special to the Cheney ee kee ADD Title X. Of Penal Remedies and Penances . . . a eae) a ge ey Chanter pl. Of sPenalsRemedies 2” sui; sues merit or ee ees ean 462 Chapter II. Of Penances . ite 7ii507 cea ean oii em ee, 463 PART THREE—Or Penauties Acainst INDIVIDUAL OFFENSES . . 465 Title XI. Of Offenses Against the Faith and Unity of the Church. . 465 Title XII. Of Offenses Against Religion . . 472 Title XIII. Of Offenses Against Ecclesiastical ores Perens and Lningssegee 480 Title XIV. Of Offenses eninct Tare Taner Property, iGood Rentie and Christian Morality . . . . Apo Pags . 499 Title XV. Of Forgery and Other Falsehoods. . . 504 Title XVI. Of Offenses Committed in the Pp oeanieeeion or PRecantion of Orders and Other Sacraments. 507 Title XVII. Of Offenses Against the Obligations Proper ie the Clerical and Religious States... . 514 Title XVIII. Of Offenses in the Conferring or Heccntion of iG Dee sal from Ecclesiastical Dignities, Offices and Benefices. 521 Title XIX. Of the Abuse of Ecclesiastical Authority or Office . . . 527 PROFESSIO CATHOLICAE PIDEIpy =). 5) ol eae ne IURISIURANDI FORMULA CONTRA MODERNISMI DOC- ERIN AS 3 (24a ee bes Re Oe Uh Ac et en hae AppeNnpIx I. Summary bi the Documents Concerning Papal Elections. 538 Constitution of Pius X, “‘Vacante Sede Apostolica” . . 538 Constitution of Pius X, ““Commissum Nobis” . . . 538 Constitution of Leo XIII, ‘‘Praedecessores Nostri” . . 538 Constitution of Benedict XIV, “Cumillud” . . . . 539 AppenprIx II. APPENDIX ITI. APPENDIX IV. APPENDIX Y. BIBLIOGRAPHY INDEX OF SUBJECTS . CONTENTS Constitution of Benedict XIV, “Sacramentum Poeni- tentiae ”’ Constitution of Grerory XV, ‘ fr versie Constitution of Paul ITI, “Altitudo ” Constitution of Pius V, creat: Pontificis ”’ Constitution of Gregory XIII, ‘‘Populis ” . Summary of Censures and Other Penalties Tee Automatically (latae sententiae) Summary of the Documents of the Roman Pontiff a the Sacred Congregations, Affecting the Laws of the Code. 1 Linye . 646 Summary of Faculties of the Apostolic Delegate . Summary of the Faculties of Bishops x1 PAGE . 550 . 554 . 557 . 557 . 558 . 560 565 . 657 . 663 aes igi > j wiv if Vie mr) i A PRACTICAL COMMENTARY ON THE CODE OF CANON LAW Tue Turrp Boox OF THINGS PART TWO OF SACRED PLACES AND SEASONS Section I OF SACRED PLACES 1192. Sacred places are those which are set apart for divine worship or for the burial of the faithful by consecration or bless- ing as prescribed by the approved liturgical books (Canon 1154). The consecration of a place, even though it belongs to the regulars (i.e., religious organizations of men with solemn vows), pertains to the Ordinary of the territory in which such place is situated, provided the Ordinary has the episcopal character. The vicar-general, however, needs a special mandate to entitle him to consecrate a place. Cardinals have the right to consecrate the church of their title and the altars in that church. The Ordi- nary of a certain territory, though he is not a consecrated bishop, can give permission to any bishop of his own rite to perform con- secrations in his territory (Canon 1155). The consecration or the blessing of a place requires both the powers of orders and of jurisdiction. Essentially there is no dif- 2 A PRACTICAL COMMENTARY ference between the consecration and the blessing of a place, but the consecration is a more solemn dedication of a place for divine worship or for Christian burial, and Canon Law attributes greater consequences to the consecration than to the blessing. In reference to the jurisdiction over the place which is to be conse- erated, the Code rules that the local Ordinary is the only one who has the right to consecrate sacred places, even churches and ceme- teries belonging to exempt religious organizations. If the local Ordinary is not a consecrated bishop (as happens quite fre- quently in the ease of Prefects and Vicars Apostolic), he has no power to consecrate places unless it be given to him by indult of the Holy See, but nobody else can consecrate a place in his terri- tory (even a church or cemetery belonging to exempt religious) without his consent, as Canon 1157 states explicitly. 1193. The faculties given to the bishops in the United States empower them to delegate priests for the consecration of altars and chalices, but do not grant power to delegate priests for the consecration of a place. Formerly it was debated among theo- logians whether a priest authorized by his local Ordinary could validly consecrate a place or an object (e.g., altars and chalices). At present there can be no controversy on this point, for Canon 1147 states explicitly that nobody without the episcopal character ean validly perform consecrations, unless this is permitted to him either by law or by indult of the Holy See. 1194. The right to bless a saered place that belongs to the secular clergy or to a non-exempt religious or to an exempt laical congregation, is vested in the local Ordinary of the territory where the place is situated; if the place belongs to an exempt clerical religious body, the major superior has the right to bless it. Both the Ordinary of the territory and the major superior of the religious community may delegate a priest for the blessing of such places (Canon 1156). Notwithstanding any privilege to the contrary, nobody can consecrate or bless a place without the consent of the Ordinary (Canon 1157). 1195. The consecration of a place is exclusively reserved to the local Ordinary within his territory of jurisdiction, even the consecration of churches and cemeteries of exempt religious; the blessing of places is reserved to the local Ordinary with the ex- ception of the blessing of places belonging to exempt religious, 1 Coronata, ‘‘De locis et temp. sacris,’’ n. 5, CANONS 1156-1159 3 and in these places of exempt religious the blessing is reserved to the major religious superior. Nobody can consecrate or bless places without the consent of the ecclesiastical authority to which such consecration or blessing is reserved. In exempt religious organizations nobody ean bless a place belonging to them without the consent of the major superior of the re- ligious; for this reason the Code uses the term Ordinary, not local Ordinary, so as to cover all cases. No privilege against this right of the respective Ordinary is recognized by the Code. If commentators on the Code say that by Canon 1157 no privi- leges are revoked, this is true in so far as direct revocation is concerned, but indirectly a privilege which (for instance) a religious order obtained to have its churches or cemeteries conse- crated by any Catholic bishop without the necessity of obtaining the consent of the local Ordinary, would be revoked by the state- ment of the Code that in this particular matter no contrary privilege can be invoked against the right of the respective Ordi- nary. RECORD AND PROOF OF CONSECRATION OR BLESSING OF A PLACE 1196. A document shall be drawn up attesting to the fact of the consecration or blessing of a place; one copy shall be kept in the episcopal Curia, and another in the archives of the respective church (Canon 1158). The consecration or blessing of a place is proved sufficiently by even one absolutely trustworthy witness, provided nobody’s rights are injured thereby. If there is legal proof of the consecration or blessing of a place, neither can be repeated; in doubtful cases, they may be given ad cautelam (Canon 1159). A properly authenticated document of the consecration or blessing of a church or cemetery is considered a public ecclesi- astical document which constitutes full proof of the fact which it attests (efr. Canons 1813 and 1816). In controversies about conflicting rights or claims, and likewise in criminal cases, one witness does not fully prove any fact, unless it be a witness who testifies as to the acts done by him in virtue of the office he holds or held (cfr. Canon 1791). Outside of judicial proceedings Canon Law in some instances accepts one witness as proof of a 4 A PRACTICAL COMMENTARY fact—e.g., in the present matter, in proving Baptism (efr. Canon 779), Confirmation (efr. Canon 800)—but, whenever the testi- mony of one witness is accepted as proof of a fact, the Code takes care to state that it must be a case in which no damage or injury is done to a third party. oa SACRED PLACES ARE EXCLUSIVELY UNDER THE JURISDICTION OF THE CHURCH 1197. Sacred places are exempt from the jurisdiction of the eivil authority, and in them the legitimate ecclesiastical authority freely exercises its jurisdiction (Canon 1160). It is the teaching of the Catholic Church that by the law of Christ there are two independent powers, the secular and the spiritual or ecclesiastical. Each owes its existence and its authority to the divine institution, and each has its own field of action and its own peculiar rights and duties according to the purpose assigned to each by God. One power may not infringe on the rights of the other, but according to God’s plan they should both assist each other and work in unison and harmony for the common welfare of society. In countries like the United States, no Giiean (neither the Catholic nor any other) is admitted as such to have any rights as a divinely instituted organization charged with the eare of the spiritual aspect of man’s nature. There is not—and by the Constitution of the United States there cannot be—any official recognition of any religious denomination as an organization endowed with powers of its own. Nevertheless, the Catholic Church and the various other Christian denominations enjoy great liberty, and the law gives them many privileges to facilitate their work for the spiritual training and Christian education of their respective adherents, because Christian ideals and Christian life have been recognized, by the Federal government as well as by the individual state legislatures, as most beneficial to the general welfare of the nation. For this reason the Church in the United States has been able to live and work generally unkham- pered by the civil power, and, if there has been some interference, it has not been frequent. CANONS 1160-1162 5 TITLE IX OF CHURCHES 1198. By the term ‘‘churech’’ is meant a sacred edifice dedi- cated to divine worship, especially with a view to enabling all the faithful to practise public worship (Canon 1161). The definition of the term ‘‘church’’ is given here mainly to distinguish it from other sacred places used for divine worship. A church, properly so called, is open to all Catholics, and is des- tined for the public practice of divine worship. Other chapels, oratories, and houses of prayer are either not open to all Catholies (but only to certain communities, confraternities, etc.), or, if they are open to all, they are not officially appointed for the public practice of divine worship, but rather for private devotion. Wuo Has tHE Ricut to Buitp A CHURCH? 1199. No church shall be erected without the explicit written consent of the local Ordinary. The vicar-general cannot give this consent without a special mandate, nor shall the Ordinary give it unless he prudently foresees that the necessary means for the building and maintenance of the new church, for the support of the necessary ministers, and for defraying other costs of the divine worship, will not be wanting. In order that the new church may not, without proportionate spiritual benefit to the faithful, injure the interests of churches already established, the Ordinary, before giving his consent for the building of a new church, should hear the rectors of such neighboring churches that may be concerned, the law of Canon 1676 being also observed. (That Canon gives to parties who think themselves injured by the erection of a new church, or other new ecclesiastical undertaking, the right to object, and from the moment protest is made operations must come to a standstill until a decision has been reached by the ecclesiastical court.) Religious organizations also, though they have obtained con- sent from the local Ordinary for the erection of a new house in the diocese or in a city, must obtain permission from the local Ordinary before they build a church or a public oratory in a certain and definite place (Canon 1162). 1200. The rule of the Code that no church may be erected 6 A PRACTICAL COMMENTARY without the consent of the local Ordinary is very ancient. The Council of Chalcedon (451) ordained that nobody shall establish a monastery or a house of prayer (oratoru domum) without the consent of the bishop of the place.2 Popes Innocent III and Alexander IV forbade exempt persons to erect without permis- sion of the bishop churches and oratories outside their exempt territory.’ The Code makes the rule about the consent of the Ordinary of the place so absolute that it requires this consent even though a religious organization has obtained permission to establish a house. Canon 497 also refers to this matter; while it states that the permission given to clerical religious organizations to estab- lish a house carries with it the right to have a church or public oratory adjoining such a house, it demands that the rule of Canon 1162 be observed concerning the approval of the local bishop.* BLESSING OF THE CORNER-STONE OF CHURCHES 1201. The blessing and laying of the corner-stone of a church belongs either to the local Ordinary or the major religious superior, according to the rule of Canon 1156 determining the right to bless a church (Canon 11638). According to Canon 1156 the local Ordinary has the right to bless all churches within his territory except the churches of exempt clerical organizations of religious. ARCHITECTURE OF CHURCHES 1202. The Ordinaries should take care to have the churches built or restored according to approved Christian traditions of ecclesiastical architecture, and in conformity with the laws of sacred art, consulting for this purpose, if necessary, experts in ecclesiastical architecture. In a church there must be no door or window opening into a house of lay persons. The space below the floor or above the ceiling of the church, if there be any, shall not be used for purely profane purposes (Canon 1164). The Ordinaries—namely the bishop in charge of the diocese and other local Ordinaries, and the major religious superiors of 2 Decretum Gratiani, ce. 10, C. XVITI, qu. 2. 3 Decret. Greg. IX, c. 14, De Prwil., lib. V, tit. 33; Liber Sextus, ec. 4, De Privil., lib. V, tit. 7. 4 Schafer, ‘‘Ordensrecht,’’ 49. CANONS 1163-1164 7 exempt clerical organizations of religious—are here commanded to see that the churches are built in such a style and shape as to be in harmony with ecclesiastical architecture and serve to elevate the minds of those who use the church for divine worship. The very highest human art and the best material should, in so far as possible, be requisitioned for the House of God. Frequently, however, financial circumstances make it impossible to erect a building really worthy of the high purpose for which a church is destined. Yet, a skilful architect can at least put up a neat, attractive and serviceable church at moderate cost. Ordinaries certainly have the right and the duty to inspect and carefully study the plans of the architect before they are accepted. 1203. Rooms in the basement of a church and space above the ceiling of a church may not be used for purely profane purposes. It is wrong to have an entertainment hall in the basement or over the church, for this shows lack of respect for the presence of our Lord and for the place of divine worship. In many places in the United States a so-called combination building is erected when a parish is first established. On the first floor is the church, on the second the school, and on the third floor in some instances the living quarters of the Sisters teaching in the school; in other instances, the third floor is an auditorium serving for assemblies and for entertainments. It seems there is nothing against the law of the Church in having the floor absve or below the church occupied by the parochial school, for that is not a purely profane purpose. As to sleeping quarters above the church, the Sacred Congregation of Rites was asked whether the clerics of a certain seminary might live day and night in the rooms built over the side aisle of the cathedral church, and answered that this is absolutely forbidden.® CHurRcH Must Bre BLESSED oR CONSECRATED BEFORE Ir Is Usep FoR DIVINE WorRSHIP 1204. Divine worship cannot be held in a new church before it has been dedicated to divine worship by solemn consecration, or at least by blessing. If it can be prudently foreseen that the chureh will eventually be converted to profane purposes, the Ordinary shall not give his consent for building the same, or, if 5 May 11, 1641; Decreta Authentica, n. 765. 8 A PRACTICAL COMMENTARY it has already been built, shall neither consecrate nor bless it. Cathedral churches should be dedicated by solemn consecration and also, in so far as possible, collegiate, conventual and parochial churches. A church built of wood, or iron or other metal, may be blessed, but it cannot be consecrated. An altar may be conse- erated without consecrating the church, but in the consecration of a church at least the main altar must be consecrated, or, if the main altar is already consecrated, another altar (Canon 1165). The law that Holy Mass and other divine services may not be celebrated in a new church until it has been dedicated to divine worship by competent ecclesiastical authority is an an- cient rule of Canon Law.® Though the several canons ascribed by the Decree of Gratian to early Popes and Councils are apocryphal, nevertheless canonists agree that the law forbidding divine worship in churches prior to their solemn dedication was introduced into the discipline of the Church by ancient custom.’ The law does not absolutely insist on the consecration of churches, but is satisfied with the solemn blessing. Churches built of wood, iron, or other metal may not be consecrated but only blessed. The churches to be consecrated must be built either of stone, brick, or cement. About the cement there was formerly some doubt, but the Sacred Congregation of Rites has answered that such a church may be consecrated provided the twelve places on the walls where the crosses are anointed and the door posts be of stone.’ Days ON WHICH THE CONSECRATION May Br HELpD 1205. Though the consecration of churches may take place on any day, nevertheless Sundays and holydays of obligation are more becoming. The consecrating bishop and those who ask for the consecration must keep the fast on the day previous to the consecration. When a church or an altar is consecrated, the officiating bishop, though he has no jurisdiction in the territory, can give an indulgence of one year to those who visit the church or the altar on the very day of the consecration, and on the anni- versary fifty days if a bishop consecrates, one hundred days if an 6 Pope Bened. XIV, ‘‘De Sacros. Misse Sacrificio,’’ lib. IIT, cap. 6, n. 1, 7 Decretum Gratiani, ec. 1, 2, 11, 14, 15, D. I, De Conseer. 8 Decreta Auth. (Nov. 2, 1909), n. 4240. CANONS 1165-1167 9 archbishop, and two hundred days if a Cardinal performs the ceremony (Canon 1166). The Sacred Congregation of Rites declared that the fast on the day preceding the consecration of a church is of strict obliga- tion for those who ask that the Church be consecrated.” Gasparri states that the doctors explaining this obligation hold that it applies to all the clergy belonging to that church, but not to any of the lay persons.’° FEAST OF THE DEDICATION OF A CHURCH 1206. The feast of the consecration of a church is to be kept annually according to the liturgical laws (Canon 1167). On the day of the consecration the clerics attached to the par- ticular church must say the Office of the Dedication of the Church, beginning that Office with Tieree,14 while Matins, Lauds and Prime are to be said from the Office of the Day. If altars only are consecrated, no office of the dedication is to be said. The priests (and other clerics in major orders) attached to a chureh that has been consecrated must recite the Office of the Dedication on the anniversary of the consecration (instead of the Office of the Calendar). About this anniversary the Sacred Congrega- tion has ruled that, if it has been the custom in a diocese or institute to keep the dedication of all consecrated churches on one day, the bishop, after consultation with the Cathedral Chap- ter (or diocesan consultors), may appoint that day; but, if, in a diocese the clergy of each consecrated church have kept the anni- versary of such church, this custom should be continued. The anniversary of the dedication of the cathedral church may not be celebrated together with the dedication of all the churches of the diocese; if the true date of the dedication is unknown, the bishop after consulting the Cathedral Chapter (or diocesan con- sultors) shall appoint a day once for all. If a diocese, order, or congregation observes one day as the anniversary of all conse- erated churches, only the clergy attached to consecrated churches say the Office of the Dedication.12, The revised rubrics provide that the anniversary of the consecration of the cathedral] 9Decreta Auth. (July 29, 1780), n. 2519. 10 De SS. Eucharistia, I, n. 163. 11 Decreta Auth. (Dee. 7, 1844), n. 2868. 12 October 28, 1913; Acta Ap. Sedis, V, 458. 10 A PRACTICAL COMMENTARY church is to be kept as a double of the first class with an octave by the secular clergy and also by those regulars who use the diocesan calendar ; the regulars in the diocese who have a proper calendar must keep the anniversary as a double of the first class but without an octave. TITLE OF CHURCHES 1207. Each church which is either consecrated or blessed shall have its title, which it is forbidden to change after the dedication of the church has been performed. The titular feast of the church is to be celebrated annually according to the laws of the sacred liturgy. Churches cannot be dedicated to beatrfied per- sons without an indult of the Holy See (Canon 1168). Churches are to be named only after saints or after the sacred mysteries of the Catholic faith. The nomination is done in the act of the solemn blessing or consecration. The bishop may not name a church after a saint or a mystery which is not contained in the Roman Martyrology or the approved supplement of the diocese.7® If the title of a church is a saint who has no office in the Breviary, the office is taken from the Commune Sanctorum." If the title has the names of two saints and they occur on different days in the liturgical calendar, the feast of each saint has to be kept on his or her respective day.® If a church is named merely after the Blessed Virgin, without the addi- tion of a particular mystery or title, the titular feast is to be kept on the Assumption of the Blessed Virgin, August 15.7*° The feast of the title of the church is to be kept by the clergy legitimately attached to the particular church on the day on which the feast or mystery occurs in the calendar. This rule applies to all churches which have been either consecrated or blessed. The rank of the titular feast is a double of the first class with an octave. The title of the cathedral church is to be cele- brated as a double of the first class with an octave by the entire clergy (secular and regular) residing in the diocese, but the regulars who have a calendar of their own keep the title with- out an octave. , n. 3876. , n. 3661. ., 2. 3687, glsanpag, 13 Decreta Authentica S. R 14 Decreta Authentica S. R. 15 Decreta Authentica S. R. 16 Decreta Authentica S. R CANONS 1168-1169 11 CuurRcH BELLS 1208. It is appropriate that each church should have bells by means of which the faithful are invited to divine services and other religious acts. The church bells should be either conse- erated or blessed according to the rites of the approved liturgical books. Their use is exclusively subject to the ecclesiastical authorities. Without prejudice to conditions stipulated by the donor of a church bell, which conditions are valid only if ap- proved by the Ordinary, the blessed bells may not be rung for merely profane purposes, except in a case of necessity, or with the permission of the Ordinary, or in obedience to legitimate custom. With reference to the consecration or the blessing of church bells, the rules laid down in Canons 1155 and 1156 shall be followed (Canon 1169). The right of conseerating church bells of any church within his diocese belongs to the local Ordinary, as Canon 1155 states about the consecration of churches; the right of blessing church bells belongs likewise to the local Ordinary, with the exception of the bells in churches of exempt clerical organizations of religious in which the blessing is reserved to the major superior (Canon 1156). The prayers and ceremonies for the consecration of church bells are found in the Ponttficale Romanum. When a priest by delegation of the bishop, or a major religious superior by the power given him in Canon 1156 blesses church bells, he must employ the prayers and ceremonies as prescribed by Decree of the Sacred Congregation of Rites, January 22, 1908.77 A Decree of Pope John XXII forbade the Mendicant Re- ligious Orders to have more than one bell in their church towers.** The Code makes no restriction, but states generally that it is desirable that each church should have bells. There is also an ancient law that in the episcopal city no other church, secular or regular, may ring the bells on Holy Saturday until the bells of the cathedral church are rung.*® 17 Acta S. Sedis, XLI, 118. 18 Kxtravagantes Communes, ce. unicum, De Officio Custodis, tit. 5. 19 Sacred Congregation of Rites, November 14, 1615; Decreta Auth., n. 337. 12 A PRACTICAL COMMENTARY Loss or CONSECRATION 1209. A church does not lose its consecration or blessing unless it is totally destroyed, or the greater part of the walls col- lapses, or it has been reduced to profane purposes by authority of the local Ordinary, as provided by Canon 1187 (Canon 1170). Various cases as to additions made to a church, renovation of the inside of the church (even by taking off all the plaster of the walls), and destruction of the roof by fire or other causes, have been decided by the Sacred Congregation of Rites. The Code summarizes these decisions in a few words. Additions to a church do not cause loss of the consecration or blessing unless the addition is larger than the original church, or transforms the entire church beyond recognition, for in these cases it would be considered a new building. RELIGIOUS SERVICES IN CONSECRATED OR BLESSED CHURCHES 1210. In saered edifices which have been legitimately dedi- cated, all ecclesiastical functions may be performed which do not prejudice the rights of parochial churches and rights acquired by privilege or by legitimate custom. The Ordinary may for a just cause fix the hours for the sacred functions—not, however, in the case of the churches of exempt regulars, except as provided by Canon 609 (Canon 1171). Canon 609 gives the Ordinary the right to judge whether the services in the churches of the regulars interfere with the people’s attendance at the explana- tion of the Gospel and catechetical instruction in the parish church (supposing that the regular church does not serve also as a parish church), and, if the bishop believes that the services at the monastery church so interfere, he may forbid the regulars to have public services in their church during those hours. The rubries of the sacred liturgy indicate that some of the sacred rites and functions are reserved to parochial churches and to the pastor of these churches. Canon 462 specifically enumerates these functions (cfr. Volume I, n. 338). POLLUTION OF CHURCHES 1211. A church is polluted only by the crimes here enumer- ated, if they are certain, notorious, and committed within the CANONS 1170-1172 13 church itself: (1) homicide; (2) a sinful and serious shedding of blood; (8) godless and disgraceful uses to which the church has been converted; (4) burial of an infidel or of a person excom- municated by condemnatory or declaratory sentence. By the pollution of the church, the cemetery adjoining the church is not necessarily polluted, or vice versa (Canon 1172). These crimes must be committed not only as to their exterior effects, but must be really crimes—that is to say, gravely sinful actions the sinfulness of which is manifest from the external cir- cumstances. One can judge only from known circumstances of the culpability of a man who acts against the law, for no absolute conclusion as to a person’s guilt in conscience ean be had by human knowledge. The four offenses here enumerated were also considered by the former Canon Law to violate the dignity of a consecrated or blessed church. Under homicide wilful suicide is included. The various disreputable purposes to which a church may be exposed (especially in times of war, rebellion, persecu- tion, ete.) are not specified in law, but any purpose that gravely violates the dignity and honor due to a public place of divine worship pollutes the church. The Code omits the effusto seminis humani. which, in the former law, was one of the offenses that pollute the church. About the burial of unbaptized persons there was some doubt in the former law. Among unbaptized per- sons, canonists excepted catechumens and infants of Christian parents, saying that they were not in the strict terminology of the law included under the term ‘‘infidels.’’ Concerning the eatechumens who without their own fault die before receiving baptism, the Code (Canon 1239) explicitly confirms the opinion of the canonists by saying that, in the matter of burial, they are to be considered equivalent to baptized persons. While the Code makes explicit provision for catechumens, it makes no special concession for infants of Catholics dying without baptism, but rules generally in Canon 1239 (the very Canon that makes the exception) that persons who die without baptism are not to be given ecclesiastical burial. Rossi holds that infants of Catholics who die without Baptism may not receive Christian burial,?° while Coronata”! is of the opinion that they do not come under the term of ‘‘infidels.’’ The argument of Gasparri and other 20 La Sepultura Ecclestastica, n. 69. 21 De Locis et Temporibus Sacris, n. 28, 14 A PRACTICAL COMMENTARY canonists, who wrote before the Code, in favor of infants of Chris- tian parents is not of much value now, because formerly, as Gasparri points out,?? it was not certain in Canon Law that the burial of an infidel pollutes the church in which he is buried. Priummer ** and Augustine 74 both hold that unbaptized infants are included in the term ‘‘ infidels.’ 1212. The pollution by the burial of an excommunicated per- son applies also to a cemetery, but it is disputed whether he must be an excommunicatus vitandus, or whether the burial of any one excommunicated by sentence of a competent ecclesiastical court pollutes church or cemetery. The reason for the doubt is that Canon 1242, speaking of the removal of an excommunicated per- son buried in a Catholic cemetery, speaks explicitly only of ex- communicati vitandr. Canon 1175 speaking of the removal of an excommunicated person buried in a chureh does not qualify the sort of excommunication, but simply says that, if the church has been polluted by burial of an excommunicated person, the body is to be removed from the church before the rite of reconciliation is performed. It seems that the text of Canon 1172—saying that the church is polluted by the burial of a person excommunicated by a declaratory or condemnatory sentence of excommunication —is clear, and one cannot understand it only of excommunicatt vitandi, without making a gratuitous addition to the specification of the Code. Canon 1175 evidently refers to Canon 1172 when it says that the body of:an excommunicated person by whose burial the church was polluted is to be removed before reconcilia- tion. Why does Canon 1242 insist only on the removal of an excommunicatus vitandus from a cemetery—not of persons ex- communicated by sentence of an ecclesiastical court? One reason why the law stands thus may be that the Church is more severe in reference to burial in a church.” 1215. The offenses which pollute a church must: (1) be cer- tain both as to law and fact; (2) be notorious either by notoriety of law (which comes through final sentence of a competent court pronouncing one guilty of the crime, or by confession of guilt in the court) or by notoriety of fact, which is deseribed in Canon 2197 as being publicity of the offense to such an extent that it 22 we SS. Eucharistia, I, n. 253. 23 Manuale Jur. Can., qu. 375, p. 446. 24 Commentary, VI, 38. 25 Rossi, ‘‘La Sepultura Eccl.,’’ n. 31, footnote, p. 52. CANONS 1173-1175 15 eannot be kept secret, nor be excused by any excuse admitted in law. It does not seem necessary that the commission of the offence was notorious, but it suffices that it become widely public afterwards; (3) have been committed inside the church. In odiosis, the sacristy is generally not considered to be part of the church. The basement is part of the chureh only when it really serves for divine worship, and an entrance leads from the in- terior of the church to the chapel in the basement, which thus forms one place of divine worship together with the church. As to the killing or gravely wounding of a person, Gasparri says that the physical and proximate cause of death or injury must have occurred in the church. Thus, if the criminal was inside the ehurch and shot a man walking outside, the crime really occurred outside the church; if the criminal was outside the church and shot a man in church, it is immaterial whether the victim dies there or elsewhere, for the church is polluted.’® RECONCILIATION OF A POLLUTED CHURCH 1214. It is not lawful to celebrate divine services, administer the sacraments, or bury the dead in a violated church before the rite of reconciliation has been performed. If the violation of the ehurch happens during divine services, these shall stop at once. If the violation occurs during Mass, and before the Canon has been begun or after the Communion, the Mass shall be stopped at once; otherwise the priest shall continue the Mass until the Com- munion (Canon 1173). A church that has been polluted shall be reconciled as soon as possible, with the sacred rites prescribed in the approved liturgical books. If the pollution of a church is doubtful, it may be reconciled ad cautelam (Canon 1174). A chureh which has been polluted by the burial of an excommunicated person or infidel shall not be reconciled until after the body of that person has been removed, if the removal can be accomplished without grave inconvenience (Canon 1175). The Canon of the Mass begins with the prayer Te igitur The saying of Mass in a polluted church may become necessary, but the necessity should not readily be accepted as an excuse, for the Code gives very extensive faculties for performing the rite 26 De SS. Eucharistia, I, n. 250. 16 A PRACTICAL COMMENTARY of reconciliation. It has been officially declared that the saying of Mass in a polluted church (e.g., in a ease of necessity) does not dispense with the necessity of performing the rite of reconcilia- tion.” The removal of the body of a person who died in excom- munication pronounced by a competent ecclesiastical court was discussed in connection with the offenses which pollute a church (cfr. above, n. 1212). PERsSoNS WHo HAVE THE PoWER TO RECONCILE A CHURCH 1215. A church which is blessed can be reconciled by its ree- tor, or by any other priest with at least the presumed consent of the rector. The reconciliation of a consecrated church is vested in either the local Ordinary or the major religious superior of exempt clerical organizations, as determined by Canon 1156. In case of grave and urgent necessity, however, when the Ordinary cannot be approached, the rector of a consecrated church may per- form the rite of reconciliation, and notify the Ordinary after- wards (Canon 1176). The reconciliation of a blessed church may be done with ordi- nary holy water. The reconciliation of a consecrated church, however, is to be done with holy water specially blessed for that purpose with the ceremonies prescribed by the liturgical laws: this water may be blessed not only by the bishop, but also by the priest who reconciles the church (Canon 1177). Canon 1176 abolishes the former law which demanded that, to reconcile a blessed church, a priest had to have the faculty from the bishop. The rector of a church has now by law the right to reconcile a blessed church. In this reconciliation the priest must follow the rite prescribed in the Rituale Romanum, cap. xxviii: Ritus reconciliandi ecclesiam violatam si nondum erat ab episcopo consecrata.’’? The reconciliation of a con- secrated church is reserved to the local Ordinary, or, in the ease of churches belonging to exempt clerical religious, to their major superior. Under the law before the Code, the reconciliation of a consecrated church was considered to belong to episcopal orders, so that a bishop could not delegate to a priest the power to per- form this reconciliation unless he had special faculties for that purpose from the Holy See. The Code now changes this law, as 27 Sacred Congregation of Rites, August 19, 1634; Decreta Auth., n. 611. CANONS 1176-1179 17 is to be coneluded from Canon 1176 (together with Canon 1147), and both the bishop and the major religious superior (for the respective churches which they have a right to reconcile) may delegate a priest. The prayers and ceremonies of reconciliation of a consecrated church must be taken from the Ponttficale Romanum. CHurRcHES Must BE GUARDED AGAINST [RREVERENCE 1216. All persons concerned must see that such cleanliness is maintained in the church as is becoming to the house of God. Business transactions and fairs, though held for a pious purpose, shall be kept out of church, and in general everything that is not in accord with the sanctity of the place (Canon 1178). As Canon 1164 forbids the use even of rooms above or below a church for purely profane purposes, it is all the more solemnly forbidden to use the church itself for secular purposes and un- becoming transactions, even though they may be intended to promote works of religion or Christian charity. CHURCHES HAVE THE RIGHT oF ASYLUM 1217. The church enjoys the right of asylum, so that any fugitive from justice who has fled into it may not, except in a case of urgent necessity, be taken out of it without the permis- sion of the Ordinary, or at least of the rector of the church (Canon 1179). From ancient times the Christian emperors honored the sacred edifices of the Church by giving them the right of asylum which the pagan temples had enjoyed in the Roman Empire. Lest the protection which the house of God offers should become an encouragement of crime, the right of asylum was declared to be forfeited in the case of a number of the more grievous and fully deliberate crimes. In his Institutio xl, Pope Benedict XIV discusses the right of asylum at length, quoting the Old Testa- ment in which God had designated certain cities in the land of the Israelites as cities of refuge, and also referring to the heathen temples and the statues of emperors that had the right of asylum. Finally, he enumerates the crimes by which the right of asylum was forfeited, and quotes various documents of former 18 A PRACTICAL COMMENTARY Popes on this matter.2® The Council of Trent *® speaks of the immunity of the church as established by the ordinance of God and by the laws of the canons. In the United States this right of churches is not recognized in the laws of the states. Tue TITLE of BASILICA 1218. The title of basilica cannot be given to any church except by apostolic indult or by immemorial custom, and the privileges of every basilica shall be also determined from the same sources (Canon 1180). There are four major basilicas at Rome—the Lateran, the Vatican Basilica, St. Mary Major (also called the Liberian Basilica), and St. Paul Outside the Walls. These are also called the patriarchal basilicas, and are assigned to the four patriarchs of the Church: the Lateran to the Pope as the Patriarch of the entire Western Church, the Vatican to the Patriarch of Constan- tinople, the Liberian to the Patriarch of Antioch, and the Basilica of St. Paul to the Patriarch of Alexandria. A few churches have been elevated by papal indult to the dignity of patriarchal or major basilicas. They are distinguished by a papal altar and the Porta Sancta, which latter is opened only in the Jubilee Year by a delegate of the Pope. Minor basilicas have been frequently created by concession of the Supreme Pontiff, and enjoy various concessions with respect to the solemnity of sacred functions.*° ADMISSION TO CHURCHES Must BE FREE of CHARGE 1219. Admission to the sacred functions in church must be absolutely free of charge, all contrary custom being reproved (Canon 1181). The very nature of a church or public oratory demands that all Catholies are at liberty to enter these places of divine worship, unless they are prohibited from entering by ecclesiastical penalty. No admission fee should, therefore, be charged. This point has 28 Opera Omnia Bened. XIV, X, 182. 29 Sessio XXV, cap. 20, De Reformatione. Pope Pius IX, ‘‘Maultiplices inter,’? June 10, 1851, condemned as erroneous the opinion that the immunity of the Church and ecclesiastical persons has its origin or founda- tion in civil law. Cfr. Gasparri, ‘‘ Fontes Cod. Jur. Can.,’’ IT, 855. 30 Coronata, ‘‘De Locis et Temporibus Sacris,’’ n. 49. CANONS 1180-1181 19 aroused considerable discussion in the United States, not merely since the Code was published but also previously, for the Code only states what has at all times been considered as an indis- putable principle—namely, that Catholic people have the right of free entrance into chureh during the divine services or at any other time, unless for safety’s sake the authorities keep the church doors locked outside the time of services. Since in America the only revenue for the erection and maintenance of churches and parochial schools and for the support of the priests, is derived from the voluntary offerings of the faithful made at the time of the divine services, it had become the practice in many parish churches to ask of every adult a small fee (usually ten cents) on entering the church. Ushers usually were stationed at the doors to receive the offering. There seemed to be nothing wrong about this practice, for it took the place of the pew rent, and the renting of pews had been recognized as legitimate. Some families rented pews, while others did not care to do this but preferred to pay the ten cents every Sunday. Nevertheless, there are some grounds for objection to this practice. In almost every parish there are some extremely poor people, who have not a cent to spare, and cannot without great hardship give even a small offering. By Encyclical Letters of the Sacred Congrega- tion of the Propaganda, August 15, 1869, to all the bishops of the United States, it was absolutely forbidden to collect any money at the door from those entering to assist at the services.** At a later date, the Apostolic Delegate again insisted that the practice of demanding or accepting entrance fees at the church doors must be stopped.*” ADMINISTRATION OF GOODS OF CHURCHES 1220. Subject to the regulations of Canons 1519-1528, and unless the contrary is clear from some special title or legitimate custom, the administration of goods intended for the repair and decoration of a church and for the conducting of divine services in the same church, is vested in the bishop with his chapter in the ease of a cathedral church; in the collegiate chapter, if the church is a collegiate one; in the rector in the ease of all other churches. 31 Collectanea de Prop. Fide, II, n. 1345, 82 Kecl. Review, XLV, 592. 20 A PRACTICAL COMMENTARY The offerings made for the benefit of a parish or a mission, or of a church located within the territory of a parish or a mission, are administered by the pastor or the missionary, unless the church has an administration of its own distinct from the administration of the parish or mission, or unless a special law or legitimate custom rules otherwise. The pastor, missionary, or rector of a secular church, whether he be a secular or religious, must administer the offerings in aecordance with the regulations of the sacred Canons, and render an account of them to the local Ordinary, as provided by Canon 1525 (Canon 1182). Canon 415 defines the respective rights of the chapter and the pastor in the administration of the goods of a cathedral or collegiate church, when this is also a parochial church. As to the administration rights and duties of a pastor belonging to a religious community, Canon 630 must be consulted (cfr. Volume I, n. 543). The parish churches, and the mission chapels at- tached to some parishes, are the only churches found in the United States except churches or chapels attached to religious houses: as the latter have their own administration, the local pastor cannot interfere except under special circumstances or because of special agreements. 1221. If other persons, whether clerics or laymen, are also admitted to participate in the administration of the goods of any church, they shall all form an administrative council of the chureh together with the ecclesiastical administrator spoken of in Canon 1182 (or his delegate), and under his presidency. Unless other provisions have been legitimately made, the mem- bers of this administrative board are to be nominated by the Ordinary or his delegate, and they can be removed by the same person for a grave reason (Canon 1183). 1222. The administrative council of a church (which, in the Jnited States, is usually called the board of trustees) must see that the church property is properly administered in accordance with Canons 1522 and 1523 (which outline their duties), but they may not interfere in any way in all those matters which pertain to the spiritual office, especially: (1) The exercise of worship in the church; (2) The time and manner of ringing the church bells, and the maintaining of order in church and cemetery ; (8) The determination of the manner of taking up collee- CANONS 1182-1185 21 tions, making announcements, and performing other acts per- taining in any way to divine worship or to the adornment of the church ; (4) The arrangement of altars, communion rail, pulpit, organ, place for the chureh choir, seats and pews, offering boxes, and other things which pertain to the practice of religious worship ; (5) The admission or rejection of sacred utensils and other things destined for use, for the divine service, or for decoration in church or sacristy ; (6) The writing, arrangement, and custody of parish records and other documents which belong to the parochial archives (Canon 1184). The sacristan, singers, organist, choir boys, sexton, grave diggers, and all others serving the church, are appointed, sub- ject to, and discharged by the rector alone, without prejudice to legitimate customs and agreements and the authority of the Ordinary (Canon 1185). The Latin term ‘‘fabrica’’ which occurs in Canon 1184 (where the Code speaks of the ‘‘consilium fabrice’’) implies the sum total of the real and personal property and property rights of a church. In the United States the matter of church trustees who assist the pastor of a parish in the administration of church property is regulated by the Second and Third Councils of Baltimore, in which the regulations are almost identical with those in the Code, except in a few special points which the Code allows to be regulated by special law.** PERsons BouNp To KEEP CHURCH IN REPAIR 1223. Unless there are special legitimate customs or agree- ments, or an obligation is placed on some individuals even by the civil law, the burden of repairing the cathedral church falls successively on the following: (1) on the goods of the church (bona fabrice), with the exception of that part of the funds which is necessary for conducting divine worship and defraying the expenditures of the ordinary administration; (2) on the 33 Conc. Baltimorense III, cap. IV, De Adituis vel Curatoribus et Con- siliarvis laicis, nn. 284-287; and C. Baltimorense II, n. 201, 92 A PRACTICAL COMMENTARY bishop and the canons in proportion to their salaries, but the portion necessary for their proper maintenance must not be touched; (3) on the people of the diocese, whom however the local Ordinary should induce rather by persuasion than by coercion to furnish, according to their means, the necessary funds (Canon 1186, n. 1). The burden of repairing a parish church rests on the fol- lowing in the order here given: (1) on the goods of the church, subject to the stipulation stated above; (2) on the patron of the church; (3) on those who derive some income from the church, and they are to be taxed by the Ordinary in proportion to their income; (4) on the parishioners, whom the Ordinary should rather request than command, as stated above (Canon 1186, n. 2). These rules shall, with due proportion, be observed also in reference to other churches (Canon 1186, n. 3). 1224. If a church is so dilapidated that it cannot possibly be used for divine worship, and if all means to repair it are want- ing, the Ordinary may divert it to some decent profane use; the obligations with the respective funds (for instance, of founda- tion Masses), and the title of the parish, if it is a parochial church, shall be transferred to another church by the same Ordinary (Canon 1187). ol el hl I OF ORATORIES 1225. An oratory is a place destined for divine worship, but not with the principal object of ser-ing the faithful at large for publie worship. An oratory is called: (1) Public, if it has been erected mainly for the convenience of a body of men, or even of private individuals, but in such a manner that all the faithful have a legitimately established right to enter the oratory, at least at the time of divine services; (2) Semi-public, if it has been erected for the convenience of some community or a group of the faithful, who meet there, but if not everybody is free to enter it; (3) Private or domestic, if it has been erected in a private CANONS. 1186-1193 23 house for the exclusive benefit of some family or of a private individual (Canon 1188). Even though private, the oratories of Cardinals and of bishops, whether residential or titular, have nevertheless all the rights and privileges enjoyed by semi-public oratories (Canon 1189). Small chapels erected in a cemetery by private individuals or families over their burial place, have the nature of private oratories (Canon 1190). PUBLIC ORATORIES 1226. Public oratories are governed by the same laws as churches. If, therefore, with the authority of the Ordinary, a public oratory has been dedicated permanently to the public worship of God by blessing or consecration, as spoken of in Canons 1155 and 1156, all sacred functions can take place there except those that the laws of the rubrics forbid in oratories (Canon 1191). SremMI-PuBLIC ORATORIES 227. Semi-publiec oratories cannot be erected without the permission of the Ordinary. The Ordinary shall not give this permission before he has inspected, either in person cr through another ecclesiastic, the place where the semi-public oratory is to be established, and has convinced himself that the place is decently equipped for the purpose. Once the permission has been granted, the oratory cannot be turned to profane pur- poses without the authority of the same Ordinary. In colleges and other institutions for the education of youths, in high- schools, citadels, barracks of soldiers, prisons, hospices, ete., no other minor oratories should be erected besides the principal one, unless, in the judgment of the Ordinary, necessity or great utility makes their erection advisable (Canon 1192). In refer- ence to the reservation of the Blessed Sacrament, see Canon 1265. In semi-publie oratories legitimately erected all sacred func- tions can be held except such as the rubrics or the orders of the bishop exclude (Canon 1193). 24 A PRACTICAL COMMENTARY PRIVATE ORATORIES 1228. In private chapels in cemeteries, mentioned in Canon 1190, the Ordinary may permit habitually the celebration of even several Masses. In other private oratories he can allow only one Mass, and that only on some extraordinary occasion but not habitually, and for a good and reasonable cause. The Ordinary shall not give this permission unless he has, as Canon 1192 demands, inspected the place and found it properly adapted for the celebration of Holy Mass (Canon 1194). Unless the contrary is expressly stipulated in the indult, Mass may be celebrated in private oratories which have been erected by indult of the Holy See, after the Ordinary has visited and approved of the place as specified in Canon 1192. One Low Mass may then be said each day, except on the more solemn feasts of the Church, and other ecclesiastical functions shall not be held in the oratory. For good reasons other than those for which the indult was granted, the Ordinary may allow Mass even on the more solemn feasts per modwm actus—which means, not habitually, but by way of an exception in particular cases (Canon 1195). The more solemn feasts referred to in this Canon are those mentioned in the Ceremoniale EH piscoporum, lib. II, eap. 34, on which the bishop is to celebrate Mass in the cathedral, namely: Christmas, Epiphany, Easter, Ascension, Pentecost, St. Joseph, Annunciation, Assumption, Sts. Peter and Paul, All Saints, Titular, the Anniversary of the Dedication of the cathedral, and Holy Thursday. However, a Decree of the Sacred Congregation of Rites decided that it is not forbidden to say Mass on these days in a private oratory, unless they are holydays of obliga- tion.*4 Domestic oratories may not be consecrated or blessed after the manner of churches. Domestic and semi-public oratories may either be blessed with the benedictio loci (of the Roman Ritual) or not at all, but they must be reserved exclusively for divine worship, and may not be used for any domestic purposes whatsoever (Canon 1196). 34 April 10, 1896; Decreta Auth., n. 3896. CANONS 1194-1197 25 TITLE XI OF ALTARS 1229. In the liturgical sense, (1) the term, altare immobile sew ficum (immovable or fixed altar), implies the upper table together with its supports, which are consecrated with it as a whole ; (2) the term, altare mobile seu portatile (movable or portable altar), implies the stone (usually small in size) which alone is consecrated, and which is called ara portatilis or petra sancta (sacred stone) ; or also the stone with its support, which, how- ever, is not consecrated together with the stone. In consecrated churches at least one altar, especially the main altar, must be immovable; in blessed churches all the altars may be movable (Canon 1197). The terminology of the Code differs somewhat from that previously employed by the Sacred Congregation of Rites, which distinguished three kinds of altars—namely, two kinds of fixed altars and the portable altar. To have the whole altar consecrated, there must be the large stone slab and its supports of stone; to have a fixed altar in the sense in which that term is used in some of the liturgical decrees, it suffices that the altar be built of any material, but as a permanent fixture, and a portable altar stone may be placed on it. Thus, an altar which is to have the local indult of the privileged altar must be a fixed altar in the sense explained.*° STRUCTURE OF IMMOVABLE AND PoRTABLE ALTARS 1230. The table of an immovable altar, as well as the portable altar stone, must consist of a single slab of natural, solid and non-friable stone. In the immovable altar the stone table must cover the entire altar and must be properly joined to the sup- port. The support—or at least the sides or columns on which the table rests—must also be of stone. The portable altar stone must be sufficiently large to hold the host and the larger part of the base of the chalice. In both the immovable altar and 35Sacred Cong. Indulg.,. Dec. 15, 1841; Collectanea de Prop. Fide, I, n. 944. 26 A PRACTICAL COMMENTARY the portable altar there must be, in accordance with the liturgical laws, the sepulchre containing the relies of saints and closed with a stone cover (Canon 1198). The altar stone must be of natural solid stone, and altars made of any artificial compositions cannot be consecrated. Sand- stone, certain kinds of slate, and other natural stones that crumble very easily, cannot serve as altar stones. An immovable altar must have a large stone slab covering the entire surface of the altar, and that slab must rest on a structure of stone, or, if the understructure is of brick or other material, there must be in the four corners columns of stone on which the table rests. At the consecration the four corners of the stone slab are joined with the support by anointing the places where the altar slab touches the stone support. It is not necessary that the immoy- able altar be in contact with the foundation of the church; such an altar may be erected on a wooden floor. The cavity in which the relics are to be deposited in an immovable altar is usually cut into the center of the top of the stone slab, because this affords the easiest access to the cavity in the ceremonies of consecration. The cavity may also be constructed in the sup- port, either in front, or in the rear, or on top of the support; in the last case, the altar slab itself is the cover for the sepul- chrum, and therefore, at the consecration, the altar slab cannot be placed on the support until after the anointing of the sepul- chrum and the depositing of the relics. The relics are to be relics of martyrs, usually at least two, but the relics of one martyr have been held sufficient for valid consecration. Relics of other saints, not martyrs, may be added.*° In portable altar stones it is forbidden to cut the cavity for the relics into the side or edge of the stone; it must be cut in the top or bottom.*’ CONSECRATION OF ALTARS 1231. To permit the celebration of Mass, the altar must be consecrated according to the laws of the liturgy—either as a whole in ease of immovable altars, or merely the altar stone in ease of portable altars. Besides persons specially privileged, every bishop may consecrate portable altars. In the case of 36 Sacred Cong of Rites, Feb. 16, 1906; Decr. Auth., n. 4181. 37 Sacred Cong. of Rites, June 13, 1899; Decr. Auth., n. 4032. CANONS 1198-1200 27 immovable altars, the law of Canon 1155 is to be observed (which rules that the right of consecrating places is vested in the local Ordinary). While the consecration of an immovable altar apart from the dedication of the church may take place on any day, it is more becoming that it should occur on a Sunday or other holyday of obligation (Canon 1199). In the faculties given to the bishops of the United States by the Sacred Congregation of Rites, the bishops are empowered to delegate priests to consecrate immovable and portable altars with the formula of the Pontificale Romanum. If possible, eccle- siastical dignitaries should be appointed for this purpose. For the consecration of portable altars the priest may use the shorter form. That form closely resembles the shorter form for the re- consecration of a desecrated altar, which was published by the Sacred Congregation of Rites, September 9, 1920.** DESECRATION OF AN ALTAR 1232. An immovable altar loses its consecration if the table or mensa is separated from its support even for a moment’s interval: in this case the Ordinary may allow a priest to re- consecrate the altar with the shorter rite and formula. Both the immovable altar and the portable altar stone lose their consecration: (1) if they are considerably broken, the seriousness of the fracture being determined either by its extent or by its relation to the place of anointing; (2) if the relics are removed, or if the cover of the sepulchre is broken or removed, except in cases where either the bishop or his delegate remove the cover in order to fasten it more securely or repair it, or to substitute another cover, or to inspect the relies. A slight fracture of the cover does not induce loss of the consecration, and any priest ean fill the crack with cement. The desecration of the church does not entail the desecration of the immovable or portable altars in the church, or vice versa (Canon 1200). For the reconsecration of an immovable altar which has lost its consecration because the stone slab was momentarily sepa- rated from its support, a very short formula was published by the Sacred Congregation of Rites, September 9, 1920.°° At the 88 Acta Ap. Sedis, XII, 450. 89 Acta Ap. Sedis, XII, 499, 28 A PRACTICAL COMMENTARY same time the Congregation published the shorter formula of reconsecrating altars which have lost their consecration by con- siderable fracture, or by a break in the cover, or by the removal of either the cover or the relics. We referred to this formula under the preceding Canon. TITLE OF ALTARS 1233. Just as the church has its title, at least every immov- able altar of the church should also have its own title. The primary title of the main altar should be the same as the title of the church. With the permission of the Ordinary the title of a movable altar may be changed, but not that of an immoy- able altar. Altars cannot be dedicated to beatified persons— not even in the churches and oratories which have the conces- sion to say the Office and Mass of the beatws—aunless an indult of the Apostolic See has been obtained (Canon 1201). PROPER USE or ALTARS 1234. Immovable as well as portable altars must serve exclu- sively for divine services, especially for Holy Mass, and they may not be put to any profane use. No bodies are to be buried under the altar. If bodies happen to be buried near an altar, they must be at least one meter away; otherwise it shall not be lawful to say Mass on such altar, until the body has been removed (Canon 1202). The altar may not be used as a wardrobe for vestments and other articles. The Sacred Congregation of Rites declared that altars under which there is a vestment case cannot be conse- erated.4° In another instance it declared that shelves for choir books may be tolerated behind the altar under the steps on which the candlesticks stand, but not under the altar table itself.*? 40 December 20, 1890; Decreta Auth., n. 3741. 41 February 4, 1898; Decreta Auth., n. 3987. CANONS 1201-1204 29 TITLE XII OF ECCLESIASTICAL BURIAL 1235. The bodies of the faithful must be buried, and crema- tion is reprobated. If any one has in any manner ordered his body to be cremated, it shall be unlawful to execute his wish; if this order has been attached to a contract, a last will, or any other document, it is to be considered as not added (Canon 1203). | Keclesiastical burial consists in the transfer of the body to the church, the funeral services held over the body in church, and its interment in the place legitimately appointed for the burial of the faithful departed (Canon 1204). The great devotion and reverence exhibited by the early Christians to the mortal remains of those who had fallen asleep in the Lord is too well known to need comment here. The religious symbolism in the burial of the bodies of the faithful in consecrated ground is much more justified than the symbol- ism of freemasonry in the cremation of the bodies of the de- ceased. There is a very positive foundation for the symbolism of the Christian burial rite. In itself it is a matter of indif- ference how the bodies are disposed of after death, but, when cremation began to develop into a protest against the Christian teaching of the resurrection of the bodies, the Church had to insist all the more strongly on its ancient custom of Christian burial. The Code unqualifiedly forbids cremation in Canon 1203; in Canon 1240 it denies Christian burial to those who ordered their bodies to be cremated, unless they showed some signs of repentance before death; in Canon 2339 excommunication not reserved is inflicted ipso facto on those who dare to force ecclesiastical funeral services for those who by the law of the Church are deprived of ecclesiastical burial; those who of their own accord give Catholic funeral services to persons deprived of ecclesiastical burial are punished with an interdict ab ingressu eccleswe, reserved to the. Ordinary. When asked whether it was lawful to join societies which have for their purpose the promotion of cremation, and whether one could lawfully order one’s own body or the bodies of others to be cremated, the Holy Office answered (May 19, 1886) that 30 A PRACTICAL COMMENTARY neither could be done, and that, if there was question of join- ing cremation societies affiliated with the freemasons, the pen- alties of joining freemasons are incurred.*? In some mission districts where Christian missionaries had great difficulty in stopping the custom of some of the castes or classes, the Church instructed the missionaries to tolerate such custom until such time as the missionaries had turned the minds of the natives to Christian ideals.** CHAPTER I OF CEMETERIES 1236. The bodies of the faithful are to be buried in a cemetery which has been blessed according to the rites given in the ap- proved liturgical books, either with the solemn or simple blessing, by the persons mentioned in Canons 1155-1156. No bodies shall be buried in churches except those of resi- dential bishops, abbots or prelates nulliws in their own churches, or of the Roman Pontiff, royal personages, and Cardinals (Canon 1205). The simple blessing of cemeteries is contained in the Rituale Romanum, cap. xxix. The solemn blessing is to be given accord- ing to the Pontificale Romanum (De Cemeteri Benedictione). 1237. Burial in the churches was not possible under the old Roman Law, which forbade burial within the city walls. After the Roman Empire had become Christian, the bodies of the martyrs were taken from the catacombs to the churches. The custom then developed of burying bishops, abbots, saintly priests and prominent laymen in church, first in the porticos and near the doors of the churches, and later within the church itself. The Decretum Gratiani cites a Decree from the Council of Nantes (in 658), which forbids burial in the church itself, but allows it in the halls (atria), porticos or environs of a chureh.** An- 42 Collect de Prop. Fide, II, n. 1657. A Decree of the same Holy Office, Dec. 15, 1886, rules that if the body of a Catholic is to be cremated not by his own will but the will of others, funeral services may be held at his home and in the church, but the priest is not to accompany the body to the crematory (Collect. de P. F., II, n. 1665). Public Mass may not be said for those whose bodies were cremated not without their own guilt in the matter; however, Mass may be said privately for them (Holy Office, July 27, 1892; Collect. de P. F., II, n. 1808). 43 Collect, de Prop Fide, II, n. 1626, 44¢, 15, C. XIII, qu. 2, CANONS 1205-1206 31 other Decree, quoted by Gratian from the Council of Mayence, forbids burial in church to all except bishops, abbots, saintly priests and notable laymen,*® but subsequently no distinction was made between the classes of persons who might or might not be buried in church. In fact, the Rituale Romanum indi- rectly recognizes the custom of burying the faithful in church: it first speaks of burial in cemeteries, and ordains that, where the ancient custom exists of burying the faithful in cemeteries, it should be retained, and, wherever possible, that custom should be restored; if, however, someone is given a burial place in church, it shall be only in the ground; bodies may not be buried near an altar. The Ritual is being revised at present to cor- respond with the Code. The question naturally suggests itself here whether the pro- hibition of the Code to bury Catholics in churches (with the few exceptions made by the Code) is to be understood as ex- tending to the interment of bodies in a vault built under the floor of a church in the basement, and to a basement chapel below the floor of the church. To the question whether the burial of the faithful in an underground church is to be con- sidered done in church in the sense of Canon 1205, § 2, the com- mittee for the Authentic Interpretation of the Code answered? ‘Yes, if the underground church is truly and properly a church, devoted to divine worship.’’ 4° 1238. The Catholic Church has the right to possess her own cemeteries. Wherever this right of the Chureh is violated with- out hope of regaining the same, the Ordinaries should take care that the cemeteries belonging to the state are blessed, if those who are usually buried there are for the greater part Catholics, or at least that the Catholics may have a part of the cemetery reserved for themselves, which part is to be blessed. If not even this concession can be obtained, the individual graves should be blessed according to the rites in the approved liturgical books as often as the body of a Catholic is buried (Canon 1206). In the United States the Catholic Church has no difficulty in acquiring and maintaining its own cemeteries, as there is no interference on the part of the states in thig matter. Any pri- vate corporation, whether connected with a church or merely a aS lS eC RLU ce 2: 46 October 16, 1919; Acta Ap. Sedis, XI, 478. 32 A PRACTICAL COMMENTARY business corporation, may own and manage cemeteries. The First Plenary Council of Baltimore was very severe in demand- ing that the pastor should refuse Catholic funeral services for a Catholic who was to be buried in a cemetery owned by a non-Catholic sect or by a secular corporation, if there was a Catholic cemetery in the place. The Second and Third Coun- cils of Baltimore modify the prohibition of the First Plenary Council, stating that the rule had worked undue hardships in the eases of converts to the faith whose families had a family burial plot in some non-Catholic cemetery, and upon Catholics who had bought a burial plot in non-Catholic cemeteries before 1853 (the year in which the rule of the First Plenary Council was made), and finally upon Catholics who after that year had bought the burial plot in such cemeteries in good faith. In these cases, therefore, funeral services may be held in the house and in the church, and the individual graves are to be blessed.*” The laws of the Canons concerning the interdiction, violation, and reconciliation of churches, are to be applied also to ceme- terics (Canon 1207). Every Paris to HAvE Irs OWN CEMETERY 1239. Every parish should have its own cemetery, unless the local Ordinary has legitimately designated one common ceme- tery for several parishes. The exempt religious may have a cemetery of their own, distinct from the common cemetery. Other moral personages and private families may be also permitted by the local Ordi- nary to have a special burial place, apart from the common cemetery, which place is to be blessed like the cemetery (Canon 1208). | In parochial cemeteries with the written permission of the local Ordinary or his delegate, and in the proper cemetery of some other ecclesiastical body with the written permission of its superior, the faithful may construct for themselves and their families special burial places, and may also, with the consent of the same Ordinary or superior, convey these to others. 47 Conc. Balt. II, nn.391-392; Cone. Balt. III, nn. 317-319; Eccl. Review, LX (1919), 82. CANONS 1207-1212 30 Wherever possible, the graves of priests and other clerics should be separated from those of the laity in a place more becoming to their station; moreover, where it can be conveniently ar- ranged, one place should in this space be set apart for priests, and another for inferior ministers of the Church. The bodies of infants should likewise be buried in a plot specially set apart for them, if it can be conveniently arranged (Canon 1209). In towns and cities where the price of land within easy reach from the city is very high, it is not practicable to have a separate cemetery for each parish, and the Code makes allow- ance for such conditions. In the United States, the cemetery is held by the church corporation, and is managed and con- trolled like private property. Just as one may sell property subject to certain restrictions, the lots (or individual graves) of a cemetery are sold subject to the cemetery rules, which every diocese in the United States doubtless has, and inserts in the contract of sale. It has been always understood that the pastor (or other priest in charge of a cemetery, or sometimes a layman appointed for that purpose) is delegated by the bishop to sell lots.*® CARE AND MANAGEMENT OF CEMETERIES 1241. Every cemetery should be suitably enclosed on all sides and carefully guarded (Canon 1210). The local Ordi- naries, pastors, and superiors concerned shall see that the ceme- teries shall contain no epitaphs, eulogistic inscriptions, and ornaments, which are discordant with Catholic faith and piety (Canon 1211). Besides the blessed cemetery there should be, if possible, a separate well-enclosed and guarded place for the inter- ment of those to whom ecclesiastical burial is denied (Canon 1212). Since, according to the American law, the owners of lots have not an absolute right to use this property as they please, it is not difficult in the United States to bar from the cemetery whatever is unbecoming or objectionable from the point of view of the Church. The reverence due to the faithful departed and 48 Interesting points in reference to the civil law of the United States on cemeteries held by ecclesiastical corporations can be found in Zollmann’s ‘* American Civil Church Law,’’ Chapter XVI, Church Cemeteries, pp. 433- 443 (ed. 1917, Columbia University, New York). 34 A PRACTICAL COMMENTARY to a Catholic cemetery demands that the pastor in charge should take loving care of the hallowed place. Frequently, the proceeds from the sale of the lots are insufficient, and the parish is too poor to pay a sufficient number of workingmen to keep the cemetery in the most perfect condition, but there can be no excuse for failure to keep it at least respectable. The Third Council of Baltimore states that pastors have a real obligation to see that the cemetery is in good condition, so that the faithful may not have just reason for complaint regarding its untidy and neglected appearance, and for objecting to be buried there.*° The Second Council of Baltimore commands that the money derived from the sale of lots shall be used for the upkeep of the cemetery; if there be any surplus, this shall be used for religious and charitable purposes as the Ordinary may direct.°° 1242. No body shall be buried (especially in cases of sudden death) until after a proper and sufficient time has elapsed to remove all doubt of actual death (Canon 1213). In civilized countries the civil law usually determines the length of time that must elapse between the death of a person and the burial. Medical men seem to agree that there is no absolutely certain sign of death except putrefraction. It is said that the procedure of embalming bodies (which is almost universal in the United States) makes certain that persons are not buried alive; but one must not call the undertaker until it is from all appearances certain that the person 1s actually dead.** EXHUMATION OF BODIES 1243. Without the permission of the Ordinary it is not lawful to exhume a body which has been assigned by the Chureh its final resting place anywhere. The Ordinary shall not allow the exhumation of a body, unless it can with certainty be distin- euished from other bodies (Canon 1214). The civil laws of the various civilized countries have regula- tions concerning the exhumation of bodies; sometimes, the court orders it for the sake of an autopsy to determine the precise cause of death. If private individuals desire to raise or transfer a body, it is usually not sufficient to get the authorization of the 49 Cone. Balt. IIT, n. 319. 50 Cone. Balt. II, n. 393. 51 Antonelli, ‘‘ Medicina pastoralis,’’ I{, nn. 922-978. CANONS 1213-1217 39 bishop, for the laws of most states require a permit from some specified health officer. CHAPTER II OF THE TRANSFER OF THE BODY TO THE CHURCH, FUNERAL SERVICES AND INTERMENT 1244. Unless a serious cause prevents it, the bodies of the faithful are to be brought to the church before burial, and the funeral services are to be held there according to the rites prescribed in the approved liturgical books (Canon 1215). The church to which the body is to be taken is by ordinary law the proper parish church of the deceased, unless the deceased has legitimately chosen another church for his funeral. If the deceased had several proper parishes, the funeral services should be held in the church of the parish in which he died (Canon 1216). Ina doubtful case as to the right of another church, the right of the proper parish church of the deceased must always prevail (Canon 1217). The Code summarizes the former extensive legislation on funeral rights. First, it treats of the church which is entitled to conduct the funeral services, supposing that the deceased did not designate a church. This so-called sepultura electiva is regu- lated in detail by Canons 1223-1228. Where the parishes have well-defined territorial boundaries, the above-mentioned Canons clearly indicate what parish has the right to the funeral. By domicile and by quasi-domicile a proper parish is acquired. The cases in which a person dies outside his own proper parish are considered in the succeeding Canons of this chapter (viz., Canons 1218-1222). In places where the parishes are determined by the language of the people (as is the case with many parishes in the United States), it is more difficult to determine the proper parish of the deceased. Since this is an unusual condition, not contemplated by the Code, the particular law has to be con- sulted—namely, the Plenary Councils of the respective countries and the diocesan statutes—to ascertain who is a member of a _ language parish. 36 A PRACTICAL COMMENTARY BurIAL OF PERSON DYING OUTSIDE His OWN PARISH 1245. If a person dies outside his own parish, the body is to be brought to his nearest proper parish church for the funeral services, supposing that the funeral procession can be made on foot without inconvenience ; otherwise to the church of the parish in which he died. After investigating its peculiar circumstances, every Ordi- nary may determine for his territory the distance and other con- ditions which render it inconvenient to transfer the body to the proper parish or place of burial. If the parish in which one dies and the proper parish of the deceased are in different dio- ceses, the rules concerning the transfer of the-body made by the Ordinary of the diocese in which the person died are to govern. Even though the transfer of the body to the church where the funeral should be held (the proper parish of the deceased or the church he chose for his funeral) or to the burial place is inconvenient, the family, heirs, and others concerned shall always have the right to transfer the body thither upon assuming the expenses of the transfer (Canon 1218). 1246. If a Cardinal dies in the City of Rome, the body is to be transferred for the funeral services to that church which the Roman Pontiff shall appoint; if he dies outside the City, he is to be buried from the most prominent church in the city or place of his death, unless he has chosen another church for his funeral. The funeral of a residential bishop (even though he be a Car- dinal), or of an abbot or a prelate nullius, is to take place in his own cathedral, abbatial or prelatial church, if that can be con- veniently done; otherwise, the body is to be taken to the most prominent church in the city or place where he died. In either case, if the deceased has chosen a church for his funeral, the body should be transferred to that church (Canon 1219). 1247. Residential beneficiaries are to be transferred to the church where they held the benefice, unless they have chosen another church for their funeral (Canon 1220). 1248. In ease of death outside the religious house, professed religious and novices are to be transferred to the church or ora- tory of their house, or at least to some house of their organiza- tion, unless novices have chosen another church for their funeral. Their religious superior has always the right to conduct the CANONS 1218-1222 37 funeral procession from the place where the religious died to the church where the funeral services are to take place. If a re- ligious dies far away from home, and his body cannot con- veniently be taken to his own house or any house of his organiza- tion, he is to be buried from the church of the parish where he died, unless, in the case of a novice, he has chosen another chureh for his funeral. The religious superior, however, has the right spoken of in the third paragraph of Canon 1218, to transfer the body, if he so wishes, from any place to a church of his organiza- tion. The rules of this Canon in reference to the novices apply also to servants in the actual service of a religious community, who live steadily within the precincts of the religious house; if, however, they dic outside the religious house, they are to be buried according to the rules of Canons 1216-1218 (Canon 1221). This Canon deals only with the question of the church from which the funeral is to be held. Canon 1230 specifies who has the right to hold the funeral services over a deceased religious. The servants in religious houses who die within the precinets of the religious house are treated like the novices, unless they have chosen a special church for their funeral; if they die out- side the religious house, they come under the common rules for the burial of the faithful.” 1249. Persons who have stayed in a religious house (even of regulars) or a college, either as guests or for the purpose of education or health, and persons who have died in a hospital, are to be buried according to the regulations of Canons 1216= © 1218, unless the particular law or a privilege allows an excep- tion. Those who die in a seminary are to be buried according to the regulations of Canon 1368 (Canon 1222). An exception is made here from the rule of Canon 6 that particular laws contrary to the Code are revoked. In the matter of the burial rights of the persons mentioned in Canon 1222, the particular law and privileges are given preference. In speaking of inmates of a seminary, the Code says ‘‘those who die in the seminary.’’ It thus makes no explicit provision for seminarians and other persons who regularly live in the seminary but die outside the same. Wherefore, the general rule that one must be buried from one’s own proper parish church, unless one had 52 Rossi, ‘‘ La sepultura ecclesiastica,’’ n. 55, p. 102. 38 A PRACTICAL COMMENTARY legitimately chosen a funeral church, must be applied also in this case. CHOICE oF BURIAL CHURCH AND CEMETERY 1250. Unless they are explicitly forbidden by law, all the faithful may choose a church for their funeral, as well as a cemetery for their burial. In this free choice of church or cemetery wives, as also children who have reached the age of puberty, are entirely independent of the authority of husband and father (Canon 1223). The free choice of a church or a cemetery for their funeral is forbidden to the following: (1) to children who have not reached the age of puberty, but the parents or guardians may even after the death of these children make the choice; (2) to professed religious of any rank or dignity, unless they are bishops (Canon 1224). The free choice of the funeral church and of the place of burial is well protected by the laws of the Decretals,°* and the Code substantially retains the former law on this point. For the impuberes the father, or (if he is dead or does not act) the mother, or (if the children are entrusted to such) the legal guardian, may choose the church for the funeral and the burial- place. In the former law canonists seem to have agreed that the choice had to be made while the children were living, but the Code explicitly allows such choice even after their death. By the term ‘‘parentes,’’? one must very likely understand father and mother exclusively—not grandfather or grandmother, to whom the term is extended in Canon 542, § 2—hbecause the for- mer law was very strict in its use of the term in this matter. To the question whether the mother can choose the burial church for an infant, a decision of the Sacred Congregation of the Council answered that she cannot, unless a legitimate custom gives her that right.°* Another decision of the same Congrega- tion declared that parents and guardians—not other relations or heirs—could choose the funeral chureh and burial place for in- fants.°> Religious who have taken vows (temporary or perpetual, 58 Decretal. Greg. IX, e. 1, De Sepulturis, lib. ITI, tit. 28. 54 Conc. I'rident. (ed. Richter), p. 461. 55 Rossi, ‘‘La sepultura ecclesiastica,’’? n. 58. p. 112. CANONS 1223-1228 39 simple or solemn) in a religious organization, are deprived of the right to choose the church and cemetery for their burial. 1251. For validity, the choice of a funeral church must fall on either a parish church, or a church of regulars, or another church having the right to hold funerals: however, a patron of a church (a person who has built or endowed a church) may choose that church, even though otherwise it is not entitled to have funeral services. In churches attached to convents of nuns (Sis- ters with solemn vows) funeral services cannot be held for out- siders, but women who lived permanently, not accidentally, within the enclosure, either as servants, or for reason of educa- tion or sickness, or as guests, may choose the church of the nuns as their funeral church (Canon 1225). 1252. The funeral church or cemetery may be chosen by a person either directly or through another by legitimate mandate ; the fact that a choice has been made, or the mandate given, may be proved in any legitimate manner. If the choice is made through another, that person may make the choice even after the death of the person who issued the mandate (Canon 1226). 1253. Religious and the secular clergy are strictly forbidden to induce any person to vow, or swear, or otherwise promise, with or without an oath, to choose their church or cemetery for the funeral or burial, or not to change a choice already made. If the law of this Canon should be violated, the choice is null and void (Canon 1227). 1254. If the deceased chose some cemetery other than that of his proper parish, he shall be buried there, provided there is no objection on the part of those in charge of such cemetery. lhe the cemetery of a religious organization was chosen, the consent of the superior entitled by the constitutions to grant such permis- sion is required and suffices for the burial (Canon 1228). The faithful may choose a church for their funeral services, and they may also choose a cemetery for their burial, even though this is not connected with the church chosen for the funeral rites. As to the cemetery which may be chosen, Canon 1208 must be considered. Parish churches and the houses of exempt religious have by law the right to have their own cemeteries. The bishop may allow other religious organizations, confraternities, or societies, and even private families, to have their own places of burial. Any cemetery that is legitimately established, may be 40 A PRACTICAL COMMENTARY chosen by the faithful as their burial place, provided the persons in charge can and do permit the burial. If they refuse, the deceased is entitled to be buried in the cemetery of the church which had the funeral, according to Canon 1231. Hence, one must conelude that if the deceased has (as allowed by Canon 1225) chosen a church of a regular Order (ie., an Order of men with solemn vows), and has also chosen their cemetery as the place of burial, the regulars may not take the funeral if they do not wish to bury the person in their cemetery. Though the exempt religious may have their own cemetery, and though the right of the faithful to choose a cemetery is not limited by the Code (if the religious according to their constitutions can and are willing to accept the choice), the right of the faithful to choose a church for the funeral services is limited by Canon 1225 to parochial churches and to churches of regular Orders.°® The choice of a cemetery is regulated by Canon 1228. Famity BurRIAL PLACES 1255. If a person, who has a family burial place in some ceme- tery, dies without having chosen a burial place elsewhere, he is to be buried with his ancestors if his body can be conveniently trans- ferred to that place, or, regardless of the inconvenience, if his family or heirs are willing to defray the expenses of the transfer. The wife shares the burial place of her husband, or, if she had been married several times, of her last husband. If the family or husband has several burial places, the family or heirs of the deceased shall select the place of burial (Canon 1229). The natural desire to be buried with one’s relations is respected by the Church, and she gives preference to the ances- tral burial place or plot, unless the deceased has expressed a desire to be buried elsewhere. It is very common here in the United States to have family plots in cemeteries, and, as we saw, the Church allows the acquisition of such burial lots by indi- viduals and families with the consent of the local Ordinary in the case of diocesan cemeteries, and the consent of the religious superior in the case of cemeteries of exempt religious. But the right to hold the funeral services is one thing, and the question of the burial place is another. The fact that one has a family 56 Blat, ‘‘Commentarium,’’ lib, III, n. 83. CANONS 1229-1230 41 plot in a parish cemetery, does not imply the right of that parish to the funeral, for the person may freely choose a church for the funeral. If the person has moved from the parish where he has the ancestral burial plot, the funeral is to be held at the proper parish church (place of domicile or quasi-domicile), un- less the person has chosen another church for his funeral. RULES ABOUT FUNERAL SERVICES 1256. The proper pastor of the deceased has not only the right but also the duty, except in case of grave necessity, to escort the body from the house to his parish church and to conduct the funeral services, unless (as Canon 1216 allows) the person has chosen another church for the funeral. If the person has died in the territory of another parish and the body can be easily taken to the deceased person’s own parish church, the proper pastor of the deceased may enter the territory of this other pastor after notifying him of the fact, and conduct the funeral procession to his church and hold the exequies (Canon 1230, §§ 1-2). If the funeral is to take place in a church of regulars, or another church exempt from the jurisdiction of the pastor, the proper pastor has the right to conduct the body from the house to the church where the funeral services are to take place, under the cross of the church which has the funeral, but the rector of the church has the right to perform the funeral services. If, however, the church which has the funeral is not exempt from the jurisdiction of the pastor, the celebration of the funeral services does not belong to the rector of the church, unless he has that right by special privilege, but to the pastor in whose terri- tory the church is situated, provided the deceased was a subject of the pastor (Canon 1230, §§ 3-4). 1257. The bodies of religious women and of their novices who die in the convent, are carried by the Sisters to the limit of the enclosure; thence, if the deceased belonged to a body of religious who are not subject to the jurisdiction of the pastor, the chaplain of the convent conducts the body to the proper church or oratory of the convent, and holds the funeral services. In the case of other religious women (not exempt from the jurisdiction of the pastor), the pastor conducts the body to his parish church, and holds the funeral services, as was stated in the first paragraph 42 A PRACTICAL COMMENTARY of this Canon. Concerning Sisters who die outside their convent, the general laws of the Canons are to be followed (Canon 1230, § 5). 1258. If a Cardinal, or a bishop, dies outside of Rome in a city where there is a bishop’s see, the precept of Canon 397, n. 3, must be observed (Canon 1230, § 6). 1259. If the body is sent to a place where the deceased did not have his proper parish, and where he has not legitimately chosen a church for his funeral, the right to conduct the body to church and hold the funeral services (if they are to be held in that place) and to accompany the body to the burial place belongs to the cathedral church, or, where there is no cathedral church, to the pastor of the church to which the cemetery of interment belongs, unless local custom or the diocesan statutes ordain otherwise (Canon 1230, § 7). THe INTERMENT 1260. On the termination of the funeral services in the ehurch, the body is to be interred in the cemetery of the same church with the ceremonies prescribed by the liturgical books, unless the body is to be taken to some other cemetery in accord- ance with Canons 1228 and 1229. The priest who conducts the funeral services in church, has not only the right but also the duty (except in cases of grave necessity) to accompany, either in person or through another priest, the body to the burial place (Canon 1231). In the United States it has been the practice in many places for the priest to finish the funeral rites in the church and not to escort the body to the cemetery. It is rather a cold and un- christian conclusion to the beautiful and consoling funeral rites of the Church, when the interment is left to the undertaker, and there is no priest at the grave to say the final prayer as the body is laid to rest. As the funeral director usually employs automo- biles to convey body and mourners to the cemetery, it does not take much time to-day to go to the cemetery, even if it is some distance outside the city or town. There is, therefore, in many instances no real necessity to excuse the priest from accompany- ing the body. There may be a long-standing custom in a diocese contrary to this rule of the Code, and the Ordinary perhaps may CANONS 1230-1233 43 allow this to continue (in virtue of Canon 5), but the practice of some parishes where the priest goes to the cemetery if the de- ceased was a pew holder, and does not escort other deceased parishioners, does not seem reasonable, because, if a person is entitled to ecclesiastical burial, he is entitled also to the last part of the burial service.*” In a case in which a certain bishop had forbidden pastors and other priests of a city to accompany the body to the public cemetery because of the distance and incon- venience, and because there was a chaplain appointed for the cemetery, the Sacred Congregation of the Council condemned this prohibition, and declared that pastors are bound by law to accompany the bodies of their parishioners to the cemetery, and they must do so even in case of the poor who cannot pay for the funeral services.*® 1261. The priest who conducts the funeral procession to the church or to the cemetery, has the right to pass freely through the territory of another parish or diocese with stole and upright pro- cessional cross, even without the permission of the pastor or the Ordinary. If the body is to be buried in a distant cemetery to which the body eannot conveniently be carried, the pastor or rector of the church at which the funeral services are conducted cannot claim the right to accompany the body outside the limits of the city or town (Canon 1232). 1262. Without a just and grave reason approved by the Ordinary, the pastor cannot prevent secular clerics, religious, and pious societies, who have been invited by the family or the heirs, from accompanying the body to the church and to the burial place, and from assisting at the funeral services. How- ever, the clergy of the church where the funeral services are held should be invited by the family or the heirs in preference to all others. Societies and emblems clearly hostile to the Catholic religion shall never be permitted at the funeral. Those who assist at the funeral procession must respect the orders of the pastor in the arrangement of the procession, subject to each one’s right of precedence. No matter what dignity he has held or to what family he has belonged, the body of a lay person shall never be carried by the clergy (Canon 1233). 57 Augustine, ‘‘Commentary,’’ VI, 140; Eccl. Review, LXVII (July, 1922), 12. 58 January 26, 1907; Acta S. Sedis, XL, 156, 44 A PRACTICAL COMMENTARY Referring to the admission into church of flags, banners, and other such emblems on the occasion of a funeral, or any other liturgical functions, the Sacred Congregation of Rites recently declared that, if they do not belong to a society which is openly contrary to the Catholic faith or to a society whose statutes have been condemned by the Church, and if these flags, banners, or emblems do not in themselves portray something forbidden or condemned by the Church, they may be admitted into the church edifice. If a blessing is asked for these flags or emblems out of respect for the Church and in a quiet and peaceful manner, they may be blessed according to the formula of the Ritwale Ro- manum.°® This Decree or Instruction reverses a former Decree of the same Congregation, which forbade the admission into ehureh at liturgical functions of national flags or of any other except religious banners. There is a formula for blessing religious banners in the Ritwale Romanum.®° FUNERAL FEES 1263. Where such does not already exist, local Ordinaries shall draw up for their territory a schedule of funeral taxes or offerings, giving due consideration to the legitimate particular customs and all the special circumstances of persons and places. They shall consult the Cathedral Chapter (or diocesan con- sultors) in making these regulations, and, if they think it advis- able, they may also consult the vicars-forane (deans) and the pastors of the episcopal city. The schedule of taxes should for the various eases determine the fees, which must be moderate and fixed in such a manner that all occasion for contention and scandal is removed and the rights of all concerned are well defined. If several classes of funeral are enumerated in the schedule, the party who arranges for the funeral has the right to choose freely between them (Canon 1234). Every one is strictly forbidden to exact more than the dio- eesan schedule allows for burial or funeral services or for anni- versaries. The poor shall be given decent funeral and burial services absolutely free of charge, according to the laws of the 59 December 15, 1922, published March 26, 1924; Acta Ap. Sedis, AViseLT A. 60 July 14, 1887; Decreta Auth., n. 3679. CANONS 1234-1237 45 liturgy and the regulations of the diocesan statutes (Canon 1235). THE Proper Pastor’s SHARE OF FUNERAL OFFERINGS, WHEN FUNERAL Is HELD IN ANOTHER CHURCH 1264. Whenever one of the faithful is not buried from his own parish church, his proper pastor is to receive the parochial portion of the funeral offerings, unless the particular law ordains otherwise, or unless the deceased cannot conveniently be brought to his proper parish. If the deceased had several proper parishes to any of which the body could have easily been conveyed, and the funeral is held elsewhere, the parochial portion is to be di- vided among the various proper pastors (Canon 1236). 1265. The parochial portion is to be taken from the entire offerings fixed by the diocesan tariff for the funeral services and for the burial, and from these fees only. If for any reason only minor functions are held on the day of burial, and the first solemn service for the deceased is held within a month from the day of burial, the parochial portion shall be deducted also from the fees given for the delayed funeral services. The share of the parochial portion is to be fixed by the diocesan schedule; if the parochial church of the deceased and the funeral church belong to two different dioceses, the share of the parochial portion is to be reckoned according to the schedule of the diocese where the funeral takes place (Canon 1237). In the United States the people hardly know of their right to choose a church for their funeral, and for this reason it is a rare occurrence for persons to be buried from any other but their own parish church. In view of the circumstances of many lan- guage parishes in cities and towns, it may be difficult to decide which is a person’s proper parish. In the former law, when a person had chosen another church for burial, the proper pastor’s share of the funeral offerings was one quarter (quarta funera- lium). There is extensive legislation on this point, as one can see from Cardinal Gasparri’s notes to the Code. The Code does not determine the share due to the ‘proper pastor, but wants the individual Ordinaries to fix the amount, along with the list of funeral charges. Even in the former law the share was by no means the same everywhere; customs favorable to the proper 46 A PRACTICAL COMMENTARY pastor were approved under the former law, and thus it came to pass that in some places the portion of the proper pastor was one-third, or even one-half of the funeral offerings.“ The Orders of Friars Minor, Friars Preachers, Carmelites, and (by communi- cation of privileges) other Mendicant Orders also, are (except in their houses in Italy and its adjacent islands) exempted from the paying of the parochial portion. The Council of Trent did not abolish the privilege, but ordained that, in places where by cus- tom the houses of these religious had for the forty years prior to this Decree of the Council paid the parochial portion, they were to continue paying it.®? REGISTRATION OF DEATHS 1266. After the funeral, the minister shall mark down in the death register the name and age of the deceased, the names of the parents or spouse, the date of death, the priest who adminis- tered the last sacraments and what sacraments were given, and also the time and place of interment (Canon 1238). The term ‘‘minister’’ in this Canon is very vague so that it is difficult to know which priest has the obligation to record the deaths. Canon 470 obliges the pastors to keep the various parish records, including the liber defunctorum. The Rituale Ro- manum, eap. li, tit. 10, enumerates the records which every pastor must keep, and, when it mentions the death register, it adds that this book must be kept also in all other churches from which the dead are buried. It seems that the church which holds the funeral services is obliged to keep the record of persons buried from that church. If a person is not buried from his own parish church, but at the time of his death belonged to a parish by rea- son of domicile or quasi-domicile, it is to be reeommended that the proper pastor be informed of the death, since he is supposed to have such record of his parishioners; the Code, however, does not explicitly impose on the church which buries the subject of another parish this duty of informing the proper pastor. 61 Bull ‘‘Romanus Pontifex’’ of Pope Benedict XIII, April 28, 1725; Gasparri, ‘‘ Fontes Cod. Jur. Can.,’’ I, 609. 62 Sessio XXV, cap. 13, De Reform.—Cfr. Lyszezarezyk, ‘‘ Compendium Priyil. Regular.,’’ 188, CANONS 1238-1240 3 47 CHAPTER IIT OF THE PERSONS TO WHOM ECCLESIASTICAL BURIAL IS TO BE GRANTED OR DENIED 1267. Unbaptized persons may not receive ecclesiastical burial, with the exception of catechumens who, through no fault of theirs, die without having received baptism, and are therefore to be regarded as among those baptized. All baptized persons must be given ecclesiastical burial, unless they are expressly de- prived of it by law (Canon 1239). The Code states that no unbaptized persons may receive ecclesiastical burial, except only catechumens under certain con- ditions. Wherefore, as we said above when speaking of the desecration of a church or a cemetery by the burial of unbaptized persons, if infants of Catholic parents die without baptism they may not be buried in a blessed cemetery. Persons WuHo ARE TO Be DENIED ECCLESIASTICAL BURIAL 1268. The following persons are deprived of ecclesiastical burial, unless they have before death given some signs of re- pentance: (1) Notorious apostates from the Christian faith, notorious adherents of an heretical or schismatical sect, or of the Masonic Order or other societies of the same kind; (2) Persons excommunicated or interdicted by condemnatory or declaratory sentence ; (3) Person guilty of deliberate suicide; (4) Persons who died in a duel or from wounds received in” it; (5) Persons who have given orders for the cremation of their bodies ; (6) Other public and manifest sinners. When any doubt arises in the foregoing cases, the Ordinary shall be consulted if time permits; if the case remains doubtful, ecclesiastical burial shall be granted but in such manner that scandal is avoided (Canon 1240). In the first and second cases the Code makes it plain that notoriety or public knowledge is required—in the first case it is notoriety of fact, and in the second notoriety of law. In the 48 A PRACTICAL COMMENTARY case of suicide, a duel, and an order to cremate one’s own body, the Code does not state that the offense must be publicly known ; nevertheless, n. 6 seems to indicate that these offenses must be notorious before one is deprived of ecclesiastical burial. Besides, Canon 2232 lays down as a general principle that any penalty inflicted by the law itself does not oblige the person to undergo the penalty, unless the offense is notorious; if it is not notorious, the penalty cannot be urged except after a declaratory sentence of the competent authority. With reference to violations of the precepts of Canon 1240, cfr. Canons 2272 and 2339. 1269. When ecclesiastical burial has been denied a person, it is also forbidden to celebrate for this person any funeral Mass, or anniversary Mass, or any other public funeral services (Canon 1241). Since the penalty of refusal of ecclesiastical burial is so severe —forbidding not only the transfer of the body to church and its interment in the sacred place, but also any prayers or sacred burial rites—the priest must refuse burial only when the ease is, beyond a reasonable doubt, one of those six fixed by Canon 1240. If any reasonable doubt exists as to the culpability of the person, or about the sufficient publicity of his offense, or any other ma- terial point, the pastor is ordered by the Code to consult his Ordi- nary, if time permits. Ifthe pastor cannot consult the Ordinary, the words of the Second Council of Baltimore apply: ‘‘In doubt, let the Ordinary be consulted if possible; otherwise let judgment lean to leniency and mercy. This we especially counsel whenever the deceased, having been overtaken by a sudden death, had no time for repentance: since, according to the norm of law, odia restringenda sunt.’’ 1270. If feasible without serious inconvenience, the body of an excommunicatus vitandus, that had in violation of the laws of the Canons been buried in a sacred place, is to be exhumed and interred in that part of the cemetery which, according to Canon 1212, is not blessed. Canon 1214, which demands the permission of the Ordinary for the exhumation of any body, must be ob- served (Canon 1242). Many formalities are required to render a person an ex- communicatus vitandus—namely, excommunication by name pro- nounced by the Holy See, public announcement of the excom- 63 Acta et Decreta C. Balt. II, n. 389. CANONS 1241-1244 49 munication, and special mention in the decree that the person is a vitandus. The only crime by which one becomes ipso facto an excommunicatus vitandus is assault of the person of the Roman Pontiff (cfr. Canons 2258 and 2343). The Holy Office was asked whether an excommunicated person who was a public and notori- ous sinner, and who was either dead or unconscious when the priest arrives, may be given ecclesiastical burial when the rela- tions or friends who called the priest assert that he wanted the priest, or that he gave signs of repentance by kissing the crucifix or by other manifestations of devotion. The Sacred Congrega- tion answered that ecclesiastical burial may be given to him, but that ecclesiastical pomp and solemnity must be avoided at the funeral. If extraordinary circumstances arise in any case, the pastor shall consult the Ordinary and follow his orders.®4 Section II OF SACRED SEASONS 1271. Sacred seasons are the holydays, and in addition the days of fast and abstinence (Canon 1243). The supreme au- thority of the Church alone has the right to establish, transfer, or abolish holydays of obligation and days of fast and abstinence for the Universal Church. Local Ordinaries may for their respective dioceses or territories appoint holydays of obligation and days of fast and abstinence only per modum actus—that iS, temporarily but not perpetually (Canon 1244). Before the Constitution ‘‘Universa’’ of Pope Urban VIII was promulgated, the bishops had the right to establish holydays of obligation. That Constitution enumerated the holydays of obligation to be kept in the Universal Church, and forbade bishops to establish other days of obligation in their respective dioceses. A Declaration of the Sacred Congregation of Rites stated that the bishop cannot institute other holydays of obliga- tion in his diocese besides those mentioned in the Constitution of Pope Urban VIII.°° The Code, however, allows the bishop to 64 September 19, 1887, quoted by Rossi, ‘‘La Sepultura Eeclesiastica, ’” n. 73, p. 139. 65 September 13, 1642; Gasparri, ‘‘Fontes Cod. Jur. Can.,’’? I, 427. 66 June 23, 1703 (Decreta Auth., n. 2113). 50 A PRACTICAL COMMENTARY establish a holyday of obligation temporarily. The precise mean- ing of the phrase ‘‘per modum actus’’ is nowhere defined in the Code; wherefore, it is impossible to determine for how long a time the bishop may order the observance of a day as a holyday of obligation, although it is certain that he cannot make it such permanently. As to the days of fast and abstinence, there was no prohibition in the common law of the Church to prevent the bishop from appointing for his diocese days of fast and abstinence besides those obligatory on the whole Church by Papal law. The Code sets the same limits on the power of the local Ordinaries to appoint days of fast and abstinence as on their power to establish holydays of obligation. . PowWER OF DISPENSATION 1272. Not only local Ordinaries, but pastors, may in special cases and for a good reason dispense individual persons or indi- vidual families subject to their jurisdiction (even when these are outside their territory), and strangers while they stay in their territory, from the common law regarding the observance of the holydays of obligation, of fast or abstinence, or even of fast and abstinence combined. Ordinaries may also, for reason of a great concourse of people on some special occasion or for the sake of public health, dispense the whole diocese or locality from the obligation of fast or abstinence, or from both. In exempt clerical religious organizations the superiors have the same faculties as pastors for the benefit of the religious themselves and all persons mentioned in the first sentence of Canon 514 (Canon 1245). It is evident that no authority inferior to the Supreme Pontiff can dispense from obligations imposed by the common law of the’ Church. If then other persons exercise such power, it must have been granted to them either by concession of the Supreme Au- thority or by custom legitimately established. The power which is here explicitly granted by the Code was before the Code attributed to them by custom, with the exception of the power of the bishop to dispense the whole diocese: according to a Declara- tion of the Holy Office,®’ the bishop could not grant this general dispensation, even when he had the papal faculty to dispense from fast and abstinence. 67 March 17, 1883 (Collectanea de P, F., II, n. 1594). CANONS 1245-1247 51 Subjects may be released from the obligation of the holyday, or of fast and abstinence, whether they are within or outside the territory of the Ordinary or the pastor. Strangers (that is, persons who have neither domicile nor quasi-domicile in the dio- cese or parish) may be dispensed when they actually are in the diocese, and they may make use of the dispensation for as long as it has been conceded—even after they have left the diocese or parish, provided the reason for the dispensation continues. The superiors of exempt clerical organizations of religious who can give dispensations from the obligation to observe holydays and days of fast and abstinence, are either major superiors (General, Provincial) or local superiors, because the Code grants the power to superiors generally. The power is limited ‘‘ad modum parochi’’ (after the manner of a pastor), and therefore restricted to individual religious; the dispensation of the entire community is not included in this faculty as granted by the Code. 1273. The duration of a holyday of obligation, as well as of days of fast and abstinence, is to be reckoned from midnight to midnight, without prejudice to the concession which Canon 923 makes for the gaining of the indulgences attached to some feast (Canon 1246). TITLE XIII OF FEAST DAYS 1274. The only holydays of obligation for the universal Church are the following: All Sundays, the feasts of Christmas, the Circumcision, the Epiphany, the Ascension, Corpus Christi, the Immaculate Conception, the Assumption, St. Joseph, Sts. Peter and Paul, and All Saints. The patron feasts (of a town, diocese, country) are no longer holydays of obligation, but the local Ordinaries can transfer the external solemnity to the Sun- day immediately following. If any of the above-mentioned feasts have been legitimately abolished or transferred in some country, no change may be made without consulting the Holy See (Canon 1247). The feasts of obligation had been reduced by the ‘‘Motu Proprio’’ of Pope Pius X, July 2, 1911, and the present Canon is 68 Fiirich (Biederlack), ‘‘De Religiosis’’ (1919), 59; Schiifer, ‘‘Ordens- recht, 27/71. 52 A PRACTICAL COMMENTARY in accordance with that document, except that the Feast of St. Joseph, suppressed by the said ‘‘Motu Proprio,’’ has been re- placed by the Code.®® In the United States the holydays of obli- gation have been reduced, at the request of the Fathers of the Third Plenary Council of Baltimore, to six days—Christmas, the Circumcision, the Ascension, the Immaculate Conception, the Assumption, and All Saints—by Deeree of the Holy Office, De- cember 31, 1885.7° The question was proposed to the Committee for the Authentic Interpretation of the Code whether by the above Canon all other holydays of obligation have been ipso*facto revoked, though in some nation, diocese or place they were observed as days of obligation introduced by particular law, or long-standing custom, or special concession of the Holy See. The answer was that they have been ipso facto abolished.” 1275. On holydays of obligation Holy Mass must be heard, and one must abstain from servile work and from judicial pro- ceedings; also, unless legitimate custom or special indults make an exception, from public markets, fairs and other public buying and selling (Canon 1248). One may fulfill the obligation of hearing Mass by assisting at the Holy Sacrifice celebrated in any Catholic Rite, either in the open air or in any church, public or semi-public oratory, and in the private mortuary chapels in ceme- teries spoken of in Canon 1190, but not in private oratories, unless this privilege has been granted by the Holy See (Canon 1249). Canon 1248 states the well-known twofold obligation on Sun- days and holydays of obligation—the obligation to hear Mass and abstain from servile works and occupations. Pope Innocent XI condemned the proposition: The precept to keep the holydays does not oblige under mortal sin, provided there is no scandal or contempt.” | In private oratories Mass may not be said unless one of the principal grantees of the privilege is present. Principal grantees are those only to whom the document of concession is addressed, and whose names appear on the reverse side of the document. The obligation of hearing Mass is satisfied in private oratories by 69 Acta Ap. Sedis, III, 305. 70 Acta et Decreta C. Balt. III, p. ev. 71 February 17, 1918 (Acta Ap. Sedis, X, 170). 72 Denziger-Bannwart, ‘‘ Enchiridion,’’ p. 354, prop. 1202. CANONS 1248-1250 53 the principal grantees, by their blood-relations and relations by marriage to the fourth degree inclusive who live with the grantees in the same house, by their guests, and by the servants of the house whose service is actually required at the time of Mass.” TITLE XIV OF ABSTINENCE AND FASTING 1276. The law of abstinence forbids the eating of fleshmeat and of broth made of meat, but does not exclude the use of eggs, milk and milk products (cheese and butter), and any seasonings of food though made from the fat of animals (Canon 1250). The broth meant here is a soup made by boiling meat or bones in water. The juice of the flesh may be had in certain extracts from which a broth can be made, and that also falls under the jus ex carne, forbidden by the Code on abstinence days. There is considerable controversy and uncertainty concerning the species of animals that may or may not be eaten on days of abstinence— such animals and birds, namely, which live in or near waters and feed almost exclusively on fish or other substances in rivers, swamps, lakes or oceans. This question is very old, for already St. Thomas tried to explain the difference between animals that may and may not be eaten, saying that by forbidden fleshmeat is meant the flesh of animals that sleep (some texts have, ‘‘are born’’) and breathe on land—that is to say, animals which usually live a long time out of water.* Beavers, otters, seals, wild ducks and various water fowl are excluded by most authors from Lenten food, while others maintain that it depends on the custom of the respective places whether they may be eaten on days of abstinence.” The ‘‘condimentum ex adipe’’ is a seasoning made from the fat of animals. The fat of animals constitutes layers of tissues distinct from their fiesh; the white flesh (as in bacon), which at times is also called fat, is flesh in the true sense of the term. 1277. The law of fasting prescribes that only one full meal 73 Noldin, ‘‘Theol. Moral,’’ II (De Preceptis, 1921), n. 262. 74 Summa, II-II, qu. 147, art. 8. 75 Coronata, ‘‘De locis et temporibus sacris,’’ n. 297. 54 A PRACTICAL COMMENTARY a day be taken, but does not forbid a small amount of food in the morning and in the evening. As to the kind of food and the amount that may be taken, the approved customs of the place are to be observed. It is not forbidden to eat both fleshmeat and fish at the same meal, nor to interchange the midday and Sanne meal (Canon 1251). Most of the provisions of this Canon are taken from the former law. The distinction, however, between fast and absti- nence is new, in so far as up to the promulgation of the Code the abstinence from fleshmeat was considered essential to the fast. The Code now specifies the days on which both fast and abstinence are obligatory, and the days on which fast only is of obligation. New is also the abolition of the former prohibition on fast days—and in Lent even on Sundays—to eat fleshmeat and fish at the same meal, which prohibition Pope Benedict XIV had urged so strongly in his Encyclical ‘‘Non ambigimus.’’ 7 While the Code indeed states that the obligation to fast is distinct from that of abstinence, it does not follow from this that on those days when fast only is prescribed one may eat meat, not only at the principal meal, but also at luncheon. The question was proposed to the Holy See whether one could with a safe conscience follow the opinion of some authors that, since the promulgation of the Code, it is permitted to eat fleshmeat several times a day on days which are fast days only. The Cardinal Prefect of the Committee for the Authentic Interpre- tation of the Code answered that it is not safe to follow that opinion.”* 1278. Abstinence only is enjoined on the Fridays throughout the year. Fast and abstinence together are to be observed on the following days: Ash Wednesday, Fridays and Saturdays in Lent, Ember days, and the Vigils of Pentecost, the Assumption, All Saints, and Christmas. Fast only is prescribed for all the other days of Lent. On Sundays and holydays of obligation, except on a holyday in Lent, there is neither fast nor abstinence, and, if a vigil that is a fast day falls on a Sunday, the fast is not to be anticipated on Saturday (as the law heretofore demanded), but is dropped 76 May 30, 1741; Gasparri, ‘‘Fontes Cor. Jur. Can.,’’ I, 678. 77 October 29, 1919 (Acta Ap. Sedis, XI, 480). CANONS 1251-1253 55 altogether that year. The Lenten fast and abstinence cease at twelve o’clock noon on Holy Saturday (Canon 1252). The days on which the law of fasting only and those on which the laws of both fast and abstinence are to be observed, are enumerated in Canon 1252. In the name of all the bishops. of the United States, the Archbishop of Baltimore asked the Holy See to transfer the abstinence on Saturdays in Lent to the Wednesdays, with the exception of Ember Saturday. The Sacred Congregation of the Council, January 14, 1919, granted the request for two years. A similar reply was given for Canada on the same day.” In the United States no holyday of obligation occurs in Lent, but where the feast of St. Joseph (March 19) is kept as a holy- day of obligation, the question arose whether the fast, or fast and abstinence, remain when the feast falls on a Friday or Saturday in Lent. The answer was that, according to Canon 1252, neither fast nor abstinence ceases. The Committee further declared that the abolition of the anticipated vigil fast on Satur- day, when the feast falls on Monday, applies to the whole year.” It is clear from the wording of the Code that the cessation of fast and abstinence (except during Lent) is made in favor of holydays of obligation only, not of suppressed feasts, or feasts kept by popular devotion. The bishop may, however, give a dispensation from fast and abstinence on the strength of Canon 1245, when there is an unusually large gathering of people in a certain locality for religious or secular purposes. 1279. The foregoing Canons make no change in particular indults, in the vows of either individual persons or communi- ties, or finally in the constitutions and rules of religious organi- zations and approved institutes of men or women living in com- munity, even those without vows (Canon 1253). The workingmen’s indult was first granted for the United States by the Sacred Congregation of the Propaganda, March 15, 1895; it was granted for ten years, renewed for another ten years in 1905, and again for ten years, June 3, 1915.8° Accord- ing to this indult, the bishops can dispense working people and their families from abstinence on all days except the Fridays 78 Ecclesiastical Review, LUX (1919), 574. 779 Committee for the Auth. Interpr. of the Code, November 24, 1920 (Acta Ap. Sedis, XII, 576). 80 Eccl. Review, XII, 425; LIII, 329, 56 A PRACTICAL COMMENTARY throughout the year, Ash Wednesday, Holy Week (which week is now modified as to abstinence by the Code), and the Vigil of Christmas. To Catholic men in the United States army and navy, while they are in actual service, and their families eating “with them, Pope Pius IX granted dispensation from abstinence on all days except Ash Wednesday, the three last days of Holy Week (now modified by the Code), and the vigils of the As- sumption and Christmas.*t These indults remain, according to Canon 1253, and they are not to be considered revoked by the decree of the Sacred Consistorial Congregation, April 25, 1918, which revoked the faculties which were granted by the printed formulas for five, ten, ete., years. The workingmen’s indult and that for the army and navy were not granted by’ those formulas, but upon special request. With regard to the special fasts which members of religious organizations may be bound to observe by vow, or by their rule and constitutions, the Code states that it does not intend to change such obligations. With reference to the days of fast and abstinence obligatory on religious as well as on seculars by the law of the Code, the Sacred Congregation of Religious has declared that they enjoy the benefit of the mitigations and dispensations granted to a country by Apostolic indult, unless the indult expressly excludes them.* 1280. The law of abstinence binds all who have completed their seventh year of age; the law of fasting binds all persons from the completion of their twenty-first year until the be- ginning of their sixtieth (Canon 1254). The Sacred Penitentiary declared that persons who, because of their age or work, are not obliged to fast, may eat meat at all their meals on the days in Lent on which persons bound to fast may by indult eat meat once a day.®* In recent times certain moralists held that persons either dispensed or excused © from the fast could eat meat at all their meals, if an indult allowed meat once a day to those obliged to fast. In fact, the Sacred Penitentiary stated that it was not expedient for the bishop to limit the dispensation from abstinence on fast days to the eating of fleshmeat once a day for those not obliged to 81 Sabetti-Barrett, ‘‘ Theol. Moral.’’ (ed. 1916), n. 338. 82 September 1, 1912 (Acta Ap. Sedis, IV, 626). 83 January 16, 1834, and May 27, 1863 (Acta 8S. Sedis, I, 426). CANON 1254 57 fast.84 The Code makes most of the days in Lent days of fast only; wherefore, persons who are not obliged to fast are en- tirely free on these days to eat fleshmeat as often as they desire. 1281. A case was submitted to the Sacred Congregation of the Council as to whether, in dioceses where by Papal indult the abstinence on Saturdays in Lent had been transferred to Wednesday, strangers were bound to abstain on Wednesday, instead of Saturday. The Sacred Congregation stated that the substance of the precept of abstinence in Lent demands two days of abstinence and, this being the universal law, all Catho- lies are subject to it. The manner, however, of complying with this law in the dioceses referred to is a particular law. Stran- gers are not bound by the particular law fixing Wednesday as a day of abstinence, but they must abstain either on Wed- nesday or on Saturday, and, provided they give no scandal, they are free to choose either Wednesday or Saturday.®® The faculty to change the Saturday abstinence in Lent to Wednesday for the United States was renewed for five years by the Sacred Congregation of the Council, June 4, 1920. Both this indult and the workingmen’s indult expired in 1925. At the 1925 meeting of the Archbishop and Bishops at the Catholic University, Washington, D. C., Cardinal O’Connell, Archbishop of Boston, was requested to petition a renewal of the two indults. He was informed by the Holy Sce that the request was granted, and rescripts were being forwarded to the individual bishops (Boston Pilot, February 13, 1926). 84 Sabetti-Barrett, ‘‘Theol. Moral.’’ (ed. 1916), n. 334, p. 305. 85 February 9, 1924 (Acta Ap. Sedis, XVI, 94). PART THREE OF DIVINE WORSHIP 1282. To the Blessed Trinity and to each of the three Per- sons and to Christ our Lord also under the sacramental species, ig due the cult called latria (adoration in its proper sense) ; to the Blessed Virgin Mary the cult called hyperdula; to the other saints reigning with Christ in heaven the cult called dulia. To sacred relics and images is also due veneration and cult in pro- portion to the person to which the relics and images refer (Canon 1255). The terms latria, hyperdulia, dulia are technical expressions commonly employed in dogmatic theology, and they need not be explained here. If the cult is given to God, the saints or beatified persons in the name of the Church by persons legitimately appointed for this purpose and by acts (forms of worship) instituted by the Church, it is called public cult; otherwise it 1s ealled private (Canon 1256). The Holy Sce alone has the right to regulate the sacred liturgy and to approve liturgical books (Canon 1257). The Supreme Authority of the Church has reserved to itself the regulation of the entire publie worship of the Church in order to preserve the purity of faith, for the publie prayers and ceremonies of the Church give expression to the principles of faith. There can be no doubt that the Supreme Pontiff is the divinely appointed guardian of the faith, and therefore also the guardian of the liturgy or divine worship. In the early days of the Church the prayers and ceremonies of divine worship were handed down from generation to generation. Provincial Councils watched over the sacred liturgy-as it de- veloped from its primitive forms to a more elaborate cere- monial, until these forms crystallized and became fixed in the exercise of the public worship. By his Bull ‘‘Immensa,’’ Jan- uary 22, 1588, Pope Sixtus V created the Sacred Congregation 58 CANONS 1255-1258 59 of Rites, and gave it exclusive control of the entire public wor- ship of the Church. When the official texts of the Roman Missal, Ritual, and Breviary were published by the Holy See, allowance was made for deviations from these books intro- duced from ancient times by some dioceses and religious Orders. ‘hese special Missals, Rituals and Breviaries have, however, been examined by the Holy See, and after their approval nobody may change or modify them. 1283. The printing and publishing of liturgical books is reserved to the Holy See. By law of Pope Clement VIII (Bull “‘Cum in Eeclesia,’’ May 10, 1602), new editions are to be printed only by firms specially authorized by the Holy See, and every sheet of these so-called typical editions must be submitted to the Sacred Congregation of Rites before it is put on the press. Local Ordinaries may authorize other printers to copy the typical editions, but must vouch for the correctness of the copy. PARTICIPATION OF CATHOLICS IN Non-CATHOLIG WoRSHIP 1284. It is unlawful for the faithful to assist in any active manner, or to take part in the sacred services of non-Catholies. At funerals of non-Catholices, at their marriages, and similar solemnities, provided there is no danger of perversion or scandal, passive or merely material presence on account of a civil office or for the purpose of showing respect to a person may be tole- rated for a grave reason, which in doubtful cases must be approved by the bishop (Canon 1258). Many cases relative to the forbidden communication in religious services of non-Catholics have been decided by the Holy See on the basis of the particular facts submitted to the Supreme Pontiff. Most of these cases have been grouped to- gether by Blat in his commentary on the Code.1 Thus, it has been declared that a Catholic may not contribute. money to- wards the building of an heretical church, or give his work gratis. The building of non-Catholic churches and synagogues by Catholic workmen and architects is not forbidden, unless circumstances arise which make such codperation an insult to the Catholic faith. Visiting a non-Catholic church as a sight- 1Commentariwm, lib. IIT, De Rebus, pp. 145-152. 60 A PRACTICAL COMMENTARY seer is not forbidden, but one may not be present at non- Catholic prayers, services or sermons either in a church or elsewhere. A Catholic may not be sponsor at the baptism of Protestant or schismatical children given by their minister; to be selected as best man or bride’s maid at a Protestant wedding is usually considered in America as merely a mark of honor and friendship, not as officially witnessing the marriage contract. If a priest wishes to attend a non-Catholic funeral because the non-Catholic was his relation or friend, he may not wear any sacred vestments, nor take active part in the religious ceremony performed by the non-Catholic minister. 1285. As to the participation of non-Catholics in Catholic worship, it is forbidden to have non-Catholies sing in the choitr.? Permission to engage a Protestant organist was granted with great reserve by the Holy Office, namely only temporarily, while a Catholic cannot be had, and provided the Catholics take no offense.? Heretics and schismatics may not be sponsors in Catholic Baptism and Confirmation; they likewise may not be witnesses at Catholic marriages, but the Ordinary can tole- rate it for a grave reason, provided there is no scandal. The mere passive assistance of non- eae at Catholic services is not forbidden.* RigHt AND Duty or LocAn ORDINARY TO. SUPERVISE PUBLIC ‘WORSHIP 1286. Prayers and pious exercises in churches or oratories shall not be permitted without the revision and express per- mission of the local Ordinary, who in more difficult cases shall submit the whole matter to the Apostolic See. The local Ordi- nary cannot approve new litanies to be recited publicly (Canon 1259). The prohibition concerning litanies existed before the Code, and should be understood in the sense of the former Decrees on this point. According to Declarations of the Sacred Con- eregation of Rites, litanies not approved by the Holy See cannot be recited by a number of people together in a church or pub- 2Instr. S. Officv, June 22, 1859 (Collect. de P. F., I, n. 1176). 3 Holy Office, February 23, 1820 (Collect de P. F., vy n. 739); Pro- hibition for Catholics to play organ at Protestant services, Holy Office, July 8, 1889 (Collect. de P. F., II, n. 1713). 4 Holy Office, Aug. 19, 1891 (Collect. de Py Fo 1i ny 1765). ee CANONS 1259-1261 61 lic oratory, even though the services are not conducted by the priest as minister of the Church.® Nuns may not recite such litanies in choir, even though the choir is divided off from the church by grates.° Another Decree stated that the Sisters may not recite such litanies in common in a public church, or in a choir which is part of a church, or in a public oratory.7?. The litanies approved by a local Ordinary may be recited privately. The Holy See strictly forbids the interpolation of invocations in approved litanies, and also deviations from the form in which they are approved. It was permitted, however, to let the choir chant three of the invocations with their responses and have the people sing the fourth with its response. Recently the invocation: ‘‘Ut omnes errantes ad unitatem Ecclesiz revocare et infideles universos ad Evangelii lumen perducere digneris: Te rogamus, audi nos,’’ was added to the Litany of All Saints after the invocation: ‘‘Ut cuncto populo Christiano, ete.’’® 1287. The ministers of the Church must depend solely on the authority of the ecclesiastical superiors in the exercise of divine cult (Canon 1260). The Church has her commission from Christ, and she possesses that power independently of state or secular power, wherefore she protests in this Canon against interference in carrying out God’s commission. 1288. It is the duty of the local Ordinaries to see that the precepts of the sacred canons regarding divine worship are faithfully observed, and that neither into public nor into private worship, nor into the private lives of the faithful, any super- stitious practices are introduced, or anything admitted that is contrary to faith or discordant with ecclesiastical tradition, or has the appearance of sordid profit-making. If the local Ordi- nary publishes any laws concerning these matters for his terri- tory, all religious, even the exempt ones, are also bound to observe them, and the Ordinary can visit their churches and publie oratories to see that such precepts are obeyed (Canon 1261). 1289. It is to be desired that, in harmony with the ancient discipline of the Church, the women should be separated in 5 March 6, 1894 (Decreta Authentica, n. 3820). 6 June 1, 1896 (Decreta Authentica, n. 3916). 7 February 11, 1898 (Decreta Authentica, n. 3981). 8 Sacred Cong. of Rites, October 15, 1920 (Acta Ap. Sedis, XIT, 548). 9 Sacred Cong. of Rites, March 22, 1922 (Acta Ap. Sedis, XIV, 199). 62 A PRACTICAL COMMENTARY church from the men. The men should assist at divine services, either in church or outside of it, with uncovered heads, unless the approved customs of the people or peculiar circumstances demand the contrary; the women should assist in modest dress and with heads covered, especially when they approach the Table of the Lord (Canon 1262). The separation of men and women is desired, but not in- sisted upon by the Code, and in the United States it is not the practice to reserve one place for men and another for women. According to the general Catholic custom, when entering a church, the men always uncover and the women cover their heads, even though no services are going on at the time. In some of the missionary districts other customs prevail, for their ways of showing respect differ from those in Europe and in countries colonized by Europeans. As to the modesty of wo- men’s attire, the sanctity of the place should dictate modera- tion in following some of the modern fashions. Serious-minded Catholic women use good judgment in these matters, but un- fortunately many whose faith is ae lack the delicate sense of Christian propriety. 1290. Civil officials may, according to their rank and dig- nity, be assigned a special place in the church, according to the regculation of the liturgical laws. Without the explicit permis- sion of the local Ordinary pews in church may not be reserved by the faithful and their families, and the Ordinary should not give the consent except where sufficient provision has been made for the accommodation of the rest of the people. There is always the tacit understanding in these permissions that the Ordinary can for a good reason revoke the permission, no matter for what length of time individuals or families have held such pews (Canon 1263). The law of the Decretals forbade lay persons to stand near the altar at the celebration of the sacred mysteries or to sit among the clergy.1° The Cwremoniale Episcoporum rules that, in accordance with the rule of the sacred canons and the prac- tice of the ancient and laudable discipline introduced from the very beginning of the Christian religion, the seats for prominent laymen, no matter how high their rank may be, must be outside 10 Decretal, Greg. IX, ec. 1, De vita et honest, cler., lib. ILI, tit. 1. CANONS 1262-1264 63 the choir and sanctuary.?t The renting of pews for the use of individuals or families is a general practice in the United States, and the pew rent forms one of the main sources of the income of parishes. The Third Plenary Council of Baltimore demands that a sufficient number of places remain free for the benefit of the poor who are unable to pay pew rent.?? SACRED Music 1291. Musical compositions for the organ or other instru- ments or for the voice, which contain anything lascivious or voluptuous, must be absolutely barred from church, and the liturgical laws concerning sacred music shall be observed. Re- ligious women, in so far as they are allowed by their constitu- tions or the liturgical laws and the permission of the local Ordinary to sing in their own church or public oratory, shall sing from a place where they cannot be seen by the people (Canon 1264). The first part of Canon 1264 is taken from the Council of Trent.* Many years ago, the Sacred Congregation of the Propaganda issued an Instruction to the Archbishop of Balti- more on the necessity of barring from the church all theatrical and worldly musical compositions.1* In 1903 Pope Pius X inaugurated a thorough reform of church music. The pro- vision in the Motu Proprio of the Supreme Pontiff, that women are not to have a part in the strictly liturgical chants of the sacred liturgy, has been the most difficult to comply with in many parish churches, and in not a few there could never be a High Mass or any liturgical singing if women were to be ex- cluded. A Decree of the Sacred Congregation of Rites to the Archbishop of Los Angeles, in Mexico, seems to modify to some extent the absolvts prohibition of the Motu Proprio concerning women and the liturgical chant, but the Decree as reported in the Decreta Authentica of the Sacred Congregation of Rites is so obscure in its wording that nothing certain can be concluded 42 Tape) €a.exi11,) Nes 13, 12 Acta et Decreta, n. 289 (Appendix, p. 231). 13 Sessio XXII, Decr. de observ. et evitand. in cel. Misse. 14 June 22, 1884 (Collect de P. F., II, n. 1621). 15 November 22, 1903 (Collect de P. F., II, n. 2182). 64 A PRACTICAL COMMENTARY from it.1° With patience and persevering interest in the ancient solemn and prayerful chants of the Church, the pastors can, in many parishes at least, restore the dignity of Catholic wor- ship.?7 TITLE XV OF THE CUSTODY AND CULT OF THE HOLY EUCHARIST 1292. The Blessed Sacrament may be kept in the following churches, if there is a person to guard it, and if the priest regularly celebrates Holy Mass at least once a week in the place: (1) It must be kept in the cathedral church and in the principal church of an abbey or a prelacy nullius, of a vieariate and prefecture Apostolic, in every parochial and quasi-parochial church, and in a church attached to houses of exempt religious men or women; (2) It may be kept with the permission of the local Ordi- nary in collegiate churches and in the principal (public or sem1- public) oratory of religious houses and pious institutes, and also in ecclesiastical colleges in charge of the secular clergy or of religious organizations (Canon 1265, § 1). 1293. In other churches and oratories it cannot be kept ex- cept by apostolic indult. The local Ordinaries can for a good reason grant this permission to a church or public oratory per modum actus only (that is to say, temporarily but not per- petually). Nobody is allowed to keep the Blessed Sacrament in his home or to carry it with him on a journey (Canon 1265, §§ 2-3). The Code demands in general terms that there must be some person—not necessarily a priest—to guard the Blessed Sacra- ment. Formerly the bishop could not allow the keeping of the Blessed Sacrament in oratories of religious communities or in educational or charitable institutions, a faculty from the Apos- tolic See being required.’® Former regulations, as well as the Code, demand that Holy Mass be said at least once a week in places where the Blessed Sacrament is kept. If this cannot be 16 January 17, 1908 (Decr. Awth., n. 4210). 17 Ecclesiastical Review, Oe ae 700. 18 Sacred Cong. of Rites, March 8, 1879 (Decr. Auth., n. 3484). CANONS 1265-1267 65 done regularly, the bishop has no power to allow the keeping _of the Blessed Sacrament in a church or chapel, for the Code sets it down as a positive requirement. 1294. The churches in which the Blessed Sacrament is kept, especially parochial churches, should be open to the faithful for at least a few hours daily (Canon 1266). 1295. In religious houses and pious institutes the Blessed Sacrament can be kept in the church or principal oratory only, and in the convents of nuns (Sisters with solemn vows) it can- not be kept inside the choir or enclosure. All privileges to the contrary are revoked (Canon 1267). The question arose whether the Blessed Sacrament may be kept in more than one chapel in some of the convents, academies and colleges, homes for the aged or for orphans, hospitals, ete. The Committee for the Authentic Interpretation of the Code answered: If the religious house or pious institute has a public church, and the community uses the same for the ordinary daily religious exercises, the Blessed Sacrament is to be kept in that church only. If this is not the case, the Blessed Sacrament may be kept in the principal oratory or chapel of the religious house or institute, without prejudice to the rights of the church (if it has any) to keep the Blessed Sacrament. If there are several formally distinct and separate (religious). families in one and the same house or institution, each may have its own chapel with the Blessed Sacrament, because virtually they form separate religious houses or institutions.?? 1296. The Blessed Sacrament cannot be kept continually or habitually in more than one altar of a church. It should be reserved in the most prominent and distinguished place in a church, and therefore, as a rule, on the main altar, unless another altar is more convenient and appropriate for the veneration and worship of this great Sacrament: this regulation, however, does not affect the liturgical laws concerning the last three days of Holy Week. In cathedral, collegiate and conventual churches in which choir functions are conducted at the main altar, it is as a rule more convenient not to keep the Blessed Sacrament on the main altar but on a side altar or in some chapel of the church, so tLat the ecclesiastical offices shall not be interfered with. 19 June 2-3, 1918 (Acta Ap. Sedis, X, 346). 66 A PRACTICAL COMMENTARY The rectors of churches shall see that the altar of the Blessed Sacrament be ornamented above all others so that its very appearance shall incite the faithful to greater piety and devotion (Canon 1268). There are occasions when the Blessed Sacrament may for a time be kept on several altars in the same church. For example, the rubrics demand that, during the Forty Hours’ Devotion, the Blessed Sacrament be removed from the altar of exposition to another altar (if there is one that serves the purpose), so that Holy Communion may not be distributed from the altar of exposition. Again, churches which have perpetual adoration must keep the ciborium on a side altar for the distribution of Holy Communion.2® The Caremoniale Episcoporum demands that the Blessed Sacrament be removed from the altar at which the bishop holds solemn pontifical functions.”* Tue TABERNACLE 1297. The Blessed Sacrament must be kept in an immovable tabernacle, placed in the middle of the altar. The tabernacle should be well constructed, securely closed on all sides, properly ornamented according to the liturgical laws, free from all other things, and guarded so well that there is no danger of profana- tion. For a grave reason and with the approval of the local Ordinary it is allowed to take the Blessed Sacrament out of the tabernacle overnight, and to keep it in a safer but decent place on a corporal, and with a light burning before it, as Canon 1271 demands. The key of the tabernacle in which the Blessed Sacra- ment is kept must be most carefully guarded; this 1s a grave obligation of conscience on the part of the priest who has charge of the church or oratory (Canon 1269). The Code does not state that the tabernacle key must neces- sarily ke kept by the priest, but it makes him responsible for its safe keeping. The tabernacle is subject to the approval of the local Ordinary, and, if he demands a steel safe for the greater protection of the Blessed Sacrament, churches and chapels which keep the Blessed Sacrament must obey the order. The Holy See leaves this matter to the local Ordinary, as may be seen from 20 Sacred Cong. of Rites, May 18, 1878 (Decr. Auth., n. 3449). 21 Cap. xii, n. 8. CANONS 1268-1271 67 a case in which a priest requested approval for several inventions for the safer keeping of the Blessed Sacrament. The Sacred Congregation, having inspected the inventions and praised the intention of the inventor, said that the matter must be left to the local Ordinaries.?2 The interior of the tabernacle is to be either gold-plated or covered with white silk. The exterior of the tabernacle is to be covered with cloth of silk or other fabric, and it is supposed that the tabernacle stands free on the altar and ean be covered entirely with a cover of the shape of the small cover for the ciborium. The Sacred Congregation of Rites insists on this, and has declared that no custom of leaving the tabernacle uncovered is legitimate.?* No sacred vessels except those holding the Blessed Sacrament are permitted to be kept in the tabernacle (e.g., not those containing the holy oils, relics, ete.). A corporal must be placed on the floor of the tabernacle. The tabernacle may be of marble, wood, or any other material, unless the local Ordinary has forbidden certain kinds of tabernacles. 1298. A sufficient number of particles for the Communion of the sick, and of the faithful generally, shall always be kept in a pyx of solid and appropriate material. This vessel must be kept clean and tightly enclosed with its lid; it must also be covered with a veil of white silk, and ornamented in a becoming manner (Canon 1270). THE SANCTUARY LAMP 1299. Before the tabernacle in which the Blessed Sacrament is kept should burn all day and night at least one lamp, fed either with olive oil or bee’s wax. Where olive oil is not easily obtainable, the local Ordinary may according to his prudent judgment allow the use of other oils, which should, in so far as possible, be vegetable oils (Canon 1271). The burning of lights as a mark of respect is very ancient among the heathen nations, as well as among the Hebrews. The term ‘‘recent”’ is usually explained by authors to the effect that the hosts may not be more than two or three weeks old. The same consecrated hosts cannot be reserved a long time in the tabernacle. In the Consti- tution ‘‘Etsi Pastoralis,’? Pope Benedict XIV ruled that the consecrated species should be consumed within a week or at the most fifteen days.?® Although that Constitution was given spe- cifically to the Italo-Greek Church in Southern Italy, it may be taken as a safe guide in any church. RELIGIOUS TEACHERS Must PROMOTE VENERATION OF THE BLESSED SACRAMENT 1301. Those whose work it is to give religious instruction to the faithful, shall not neglect to excite in their minds devotion for the Blessed Eucharist, and shall admonish them to assist at Mass and to visit the Blessed Sacrament not only on Sundays 24 Acta Ap. Sedis, VIII, 72. 25 December 7, 1918 (Acta Ap. Sedis, XI, 8). 26 May 26, 1742; Gasparri, ‘‘ Fontes Cod. Jur. Can.,’’ I, 734. CANONS 1272-1274 69 and holydays of obligation, but also as frequently as possible during the week (Canon 1273). EXPOSITION OF THE BLESSED SACRAMENT 1302. In churches and oratories which have the right to reserve the Blessed Sacrament (by law or by special concession), private exposition (that is, with the cibortwm) can be held for any good reason without the permission of the Ordinary. Pub- lie exposition, however (that is, with the ostensorium), may be held in all churches on the Feast of Corpus Christi and during the octave, both during Holy Mass and at Vespers. At other times, public exposition may be held only for good and serious reasons, especially a public cause, with permission of the local Ordinary, and this permission is required also in the churches of exempt religious organizations. The exposition and reposition of the Blessed Sacrament may be done by either priest or deacon. However, only the priest can give benediction with the Blessed Sacrament, and the deacon is not permitted to give it except in the case where he, according to Canon 845, takes the Viaticum to the sick (Canon 1274). | The rules concerning the public exposition are the same as before the promulgation of the Code. The Sacred Congregation of Rites makes it obligatory to give benediction with the Blessed Sacrament after every public exposition, before the Sacrament is replaced in the tabernacle.2? In the chapels of Sisterhoods, the bishop may allow public exposition as often as he thinks it proper.** Public exposition is forbidden without incensing—not, however, without singing.?? The raising and lowering of the monstrance may not be done by means of mechanical devices,*° and it is forbidden to place the Blessed Sacrament in the hands of some statue, or on the breast of a picture or statue of the Sacred Heart, or on the heart of the crucifix. In the case of the private exposition in which the ciborium remains in the taber- nacle (the door of which is opened), it was not allowed formerly to give benediction with the pyx, but on November 30, 1895, a Decree of the Sacred Congregation of Rites allowed this form of 27 July 12, 1889 (Decr. Auth., n. 3713). 28 February 18, 1889 (Decr. Auth., n. 3703). 29 June 30, 1883 (Decr. Auth., n. 3580). 30 July 7, 1877 (Decr. Auth., n. 3425). 31 April 23, 1875 (Decr. Auth., n. 3349). 70 A PRACTICAL COMMENTARY benediction.*2 In the exposition with the ciborium no incense is required, but in the public exposition it is demanded at the exposition and reposition.** Tub Forty Hours’ DEVOTION 1303. The Forty Hours’ Devotion shall be celebrated each year with the greatest possible solemnity in all parochial and other churches where the Blessed Sacrament is habitually pre- served, on the days fixed with the consent of the local Ordinary. Where the exposition cannot without great inconvenience or danger of irreverence be continued day and night for forty con- secutive hours, the local Ordinary should arrange that the exposi- tion is held in a more solemn manner on certain days for several consecutive hours (Canon 1275). By Decree of the Holy Office, January 22, 1914, Pope Pius X eranted that, wherever the Forty Hours’ Devotion could not be held as demanded by Pope Clement VIII (that is to say, for forty consecutive and uninterrupted hours, day and night), the following method could be followed and the indulgences and privileges granted for this adoration gained thereby: The Blessed Sacrament shall be exposed on the first day at any hour in the forenoon, and shall remain exposed during the day; it shall be exposed throughout all the second day and also on the third. On the third day the devotion may close either about noon or in the evening. To this devotion are granted certain indul- eences (which were conceded first by Pope Pius IX, November 26, 1876, to the City of Rome) and the concession of the privi- leged altar granted by Pope Pius VII, May 10, 1807.** For the United States the Fathers of the Second Plenary Council of Baltimore asked and obtained all the indulgences and privileges of the Forty Hours’ Devotion as granted by Pope Clement VIII with permission to expose the Blessed Sacrament during the day only, and to omit the procession with the Blessed Sacrament, if the pastor could not conveniently have it.*° 32 Decr. Auth., n. 3875. 33 July 5, 1907 (Decr. Auth., n. 4202). 34 Acta A. Sedis, VI, 74. 35 January 24, 1868; Acta et Decreta Conc. Plen. Balt. II, Decretum IV, ex Decretis Sacre Cong. de Propaganda Fide, p. exlix (Cfr. No. 377 of the Decrees of the Council) ; Wapelhorst, “Compendium S. Liturgie’’ (9th ed.), n. 220. CANONS 1275-1277 71 TITLE XVI OF THE CULT OF THE SAINTS, SACRED IMAGES AND RELICS 1304. It is a good and useful practice to invoke in suppliant manner the servants of God who reign with Christ, and to venerate their relics and images, but all the faithful shall espe- cially cultivate a filial devotion for the Blessed Virgin Mary (Canon 1276). Only those servants of God may be honored with a public cult who have been inserted by the authority of the Church in the list of the saints or blessed. The persons who have been canonically placed in the catalogue of saints are to receive the cult of duliza, and may be honored everywhere with any of the acts of that kind of cult. Beatified persons, however, cannot be venerated publicly except in the places and in the form granted by the Roman Pontiff (Canon 1277). In the early centuries of the Church the Holy See had not yet reserved to itself the matter of public veneration of the ser- vants of God. The matter was not left to the popular judgment of the faithful, but, as Pope Benedict XIV proves,*® the bishop of the diocese examined into the cases of those who were said to have died a martyr’s death. Besides, as Pope Benedict likewise shows, the acts of the martyrs were sent by the bishop of the diocese where they had died to other dioceses and to the Roman Pontiff. After the centuries of persecution, the custom developed of paying public homage also to saintly men who had died a natural death, and the bishop of the diocese watched likewise over these cases. The first case of a formal canonization pronounced by the Supreme Pontiff is said to be the canonization of St. Udalricus, Bishop of Aosta, promulgated by Pope John XV in 993.°* Finally, Pope Alexander IIT (1159-1181) for the first time reserved by written law the beatification of the servants of God to the Apostolic See.’ The Decretal of Pope Alexander was given on the occasion of a particular case, and was not very explicit. Pope Urban VIII issued a Constitution which fully 36 De Servor. Det Beatific. et Beatorwm Canonizatione, lib. I, cap. 3 (Opera Omnia Bened. XIV, T). 87 Wernz, ‘‘Jus Decretal.,’?’ III, n. 371. 38 Decretal. Greg. IX, c. 1, De Reliquiis et Ven. Sanc., lib. ITI, tit. 45. 72 A PRACTICAL COMMENTARY covered the entire question of public cult to the servants of God, and took the entire matter out of the hands of the bishops, reserv- ing everything pertaining to beatification or canonization to the Holy See.*® 1305. The saints of nations, dioceses, provinces, confraterni- ties, religious organizations, and of other places and organiza- tions, may under the conditions prescribed by law be chosen as patrons, and when the Holy See confirms such choice they are constituted as patrons; the blessed cannot be chosen as patrons without a special indult of the Holy See (Canon 1278). IMAGES EXPOSED FOR VENERATION 1306. Without the approval of the local Ordinary, nobody is allowed to place, or cause to be placed, in any church (including exempt churches) or in any other sacred place, an unusual pic- ture. The Ordinary shall not approve sacred images which are to be exposed to the veneration of the faithful if they do not agree with the approved usage of the Church. The Ordinary shall never allow in churches and other sacred places representa- tions which are dogmatically incorrect, or are not executed with proper decency and respect, or may give to ignorant people an occasion of dangerous error. If the images exposed for public veneration are to be solemnly blessed, that blessing is reserved to the Ordinary, who may, however, delegate any priest to perform this duty (Canon 1279). An illustration of what unusual pictures are is given by the condemnation of pictures of the Blessed Virgin clad in priestly vestments.4? The Holy See watches over religious art and its productions. Thus, the Holy Office condemned the sacred images of a certain school of art, specimens of which were exhibited in the book entitled: ‘‘La Passion de Notre Seigneur Jesus Christ, par Cyril Verschaeve’’ (Librairie Nationale d’art et d’histoire, 1920). These pictures must be removed from sacred places.* 1307. Precious images—that is to say, those that are con- spicuous for their antiquity, art, or veneration—exposed for the public veneration of the faithful in churches and public oratories 39 July 5, 1634; Gasparri, ‘‘ Fontes Cod. Jur. Can.,’’ I, 402. 40 Holy Office, April 8, 1916 (Acta Ap. Sedis, VIII, 146). 41 March 30, 1921 (Acta Ap. Sedis, XIII, 197). CANONS 1278-1284 73 must, when in need of repairs, be restored only after obtaining the written consent of the Ordinary, who before giving the permission shall seek prudent and expert advice in the matter (Canon 1280). The Church is anxious to preserve the priceless images (paint- ings or statues) of Christian antiquity, and also those images which God’s merciful providence has used as an instrument of special favors and blessmgs. Wherefore, nobody may repair such images, when found in public churches and oratories, except with the written permission of the Ordinary of the place. In the churches and oratories of exempt religious organizations, these images may not be repaired without the special permission of the major superior. SPECIAL RULES ON PROMINENT RELICS AND IMAGES 1308. Important relics and images of great value, and other relics or images which are honored in some church by great veneration of the people, cannot validly be disposed of, nor trans- ferred perpetually to another church, without the permission of the Apostolic See. Important relics of saints or beati are the entire body, or the head, arm, forearm, heart, tongue, hand, leg, or that part of the body in which the martyr suffered, provided it be entire and not small (Canon 1281). Important relics of saints or blessed may not be kept in pri- vate houses or in private oratories without explicit permission of the local Ordinary. Other relics may be kept with due honor in the houses of the faithful, or carried piously on their persons (Canon 1282). RELICS WHICH May Br ExXposep FOR PUBLIC VENERATION 1309. Only those relics may be exposed for public veneration in any (even exempt) churches which are authenticated by docu- ment of a Cardinal, or a local Ordinary, or by another ecclesiastic who has by Apostolic indult the faculty to authenticate relics. The vicar-general cannot authenticate relics without a special mandate of the Ordinary (Canon 1283). The local Ordinary shall prudently withdraw from the veneration of the people those relics which he knows with certainty are not authentic (Canon 1284). 74 A PRACTICAL COMMENTARY If the documents of authentication of sacred relics have been lost through civil disturbances or for any other cause, the relics shall not be exposed for public veneration until the local Ordi- nary has given his decision; the vicar-general can give such approval by special mandate only. Relics venerated from ancient times are to continue to receive the same veneration, unless in particular cases it is established with certainty that they are false or supposititious (Canon 1285). The local Ordinary shall not permit (least of all in sermons, books, periodicals, or treatises intended for devotional purposes) the discussion of questions concerning the authenticity of sacred relics, especially when such discussions are based on mere conjectures, only probable reasons and prejudiced opinions (Canon 1286). In the matter of the public cult of sacred images and relics, the Church wants the local Ordinary to have complete control in all public places of worship. The Council of Trent, therefore, ruled that the exempt religious organizations cannot expose in their churches an unusual image or a relic not approved by the local Ordinary.*2. The same was again inculeated with reference to sacred images by Pope Urban VIII.* Re.tics Must Be ENCLOSED IN SEALED CASES 1310. When relics are exposed, they must be enclosed in a case and sealed. Relics of the Holy Cross shall never be exposed to the veneration of the public enclosed in the same ease with relics of the saints, but must be placed in a separate case. With- out a special indult the relics of the blessed may not be carried in processions, nor exposed in any other churches than those to which the Holy See has given the faculty to say their Office and Mass (Canon 1287). The relics of the Holy Cross have always held a special place in the veneration of the Church. Hence the rule that other relics cannot be exposed in the same reliquary or case with the relic of the Holy Cross, because the relic of the Holy Cross is entitled to more profound veneration than that to which the relies of the saints are entitled. The rule of the Code on the veneration of the 42 Sessio XXV, Decretum de Invocatione, Veneratione et reliquiis Sanc- torum et Sacris Imaginibus. 43 Const. ‘‘Sacrosancta,’’ March 15, 1642; Gasparri, ‘‘Fontes,’’ I, 423. CANONS 1285-1289 75 relics of the blessed, as distinguished from canonized saints, is the same as in the former law.*! 1311. Any relics of the Holy Cross which the bishop may carry in his pectoral cross, become the property of the cathedral church at his death, for transmission to the succeeding bishop. If the deceased bishop had the government of several dioceses, the relic goes to the cathedral church of the diocese in which he died; if he died outside the diocese, the relic belongs to that diocese from which he last departed (Canon 1288). The regulation contained in Canon 1288 was made by En- cyclical Letters of the Cardinal Vicar of Rome at the order of Pope Leo XIII, March 25, 1889, because, as the Cardinal Vicar explains, it is getting more and more difficult to provide relics of the Holy Cross for the bishops, if they are allowed to dispose of them. Usually the bishops desire to have a relic of the Holy Cross, though they are not obliged to have it, and those who secure one are now required to leave it to their successor. With the case (which possibly may be very costly) they may do as they please, for, as the Cardinal Vicar explained, the only thing that is demanded is the transmission of the relic to the successor in the bishopric.*® Retics May Not Br Soup 1312. It is forbidden to sell sacred relies. Ordinaries, deans, pastors and others having the care of souls shall see that sacred relics, particularly those of the Holy Cross, are not sold, espe- cially together with other inherited property or at auction sales, nor pass into the hands of non-Catholics. Rectors of churches, and others whose duty it is, shall zealously see that the relics are not in any way profaned, or destroyed through carelessness, or kept in a disrespectful manner (Canon 1289). The Sacred Congregation of Indulgences and Relics has for- bidden the purchase of relics even for the good purpose of rescu- ing them from the hands of some storekeeper who exposes them for sale. If anyone notices that relics which seem to be genuine are for sale in some store, he should inform the local Ordinary that he may take steps to stop this insult to religion.*® 44 Sacred Congr. of Religious, Sept. 27, 1659, and April 17, 1660 (Decr. Auth., nn. 1130 and 1156). 45 Collectanea de Prop. Fide, Il, n. 1699. 46 December 21, 1878 (Decr. Auth., n. 443). 76 A PRACTICAL COMMENTARY TITLE XVII OF SACRED PROCESSIONS 1313. By the term sacred processions are meant the solemn supplications which are made by the faithful marching in order under the leadership of the clergy from one sacred place to another for the purpose of promoting the devotion of the people, or to commemorate God’s benefits and to thank Him, or to im- plore divine help. Ordinary processions are those held on fixed days of the year according to the rules of the liturgical books or the custom of the churches; extraordinary those appointed on other days for other public causes (Canon 1290). Processions are a very natural manifestation of the feelings — of the multitude, who thus express their joy, or grief, or fear. Transferred into the field of religion, they represent the out- pourings of the religious feelings of the people. The processions at the transfer of the bodies of saints, the procession on the feast of St. Mark, and those on the Rogation Days before the Ascension of our Lord, are very ancient.*? Corpus CHRISTI PROCESSION 1314. Unless immemorial custom or the circumstances of places in the prudent judgment of the bishop demand otherwise, there shall be but one solemn and public procession through the streets of a town or city on the feast of Corpus Christi, and this should be conducted by the church first in dignity. In this pro- cession must take part all the secular clergy and the religious communities of men, even the exempt religious, and the confra- ternities of laymen. Regulars who live perpetually in strict enclosure, and those who are more than three miles from the town or city, are not bound to take part in the procession. The other parishes and churches, secular or religious, may during the octave institute their own processions outside their church; where there are several churches, the local Ordinary shall appoint a day for each and the hour and the course of each procession (Canon 1291). There were no processions with the Blessed Sacrament in the 47 Wernz, ‘‘Jus Decretal.,’’ ITI, n. 565. CANONS 1290-1293 77 early days of the Church. After the establishment of the feast of Corpus Christi by Pope Urban IV,** the procession with the Blessed Sacrament on that feast was rapidly introduced every- where. The Council of Trent solemnly approved of the proces- sion and condemned the opinion of those who said that such procession was improper.*® In the United States where the Catholics generally live among an exceedingly large non-Catholic population, public religious processions of any kind are rare. Permission can be obtained without much difficulty in most places, and adequate police protection would be available, but it is generally not thought advisable to have public processions. The Corpus Christi procession is usually confined within the walls of the churches. Among the notable public processions are the great Holy Name Rallies that have become annual affairs in some of our cities. OTHER PROCESSIONS 1315. The local Ordinary with the advice of the Cathedral Chapter (or diocesan consultors) may for a public cause order extraordinary processions at which, just as at the ordinary ones, all those spoken of in Canon 1291, § 1, must take part (Canon 1292). 1316. The religious, both exempt and non-exempt, cannot hold processions outside their churches and cloisters without the per- mission of the local Ordinary, except in the case mentioned in Canon 1291 (Canon 1293). This Canon has reference to churches of religious to which na parish is attached, for if they have a parish they are entitled to hold the ordinary processions demanded or allowed by the liturgy. Within the church and the church yard they may hold processions, and, if there is no church yard or cloister around the church, they may go outside the church but must keep close to the church building.*° 1317. Neither a pastor nor anyone else is allowed without permission from the local Ordinary to introduce new processions or to transfer or abolish the usual ones. At the processions 48 Clementine, ce. unicum, De Reliquiis et Veneratione Sanctorum, lib. RE stit ai 6: 49 Sessio XIII, De Eucharistia, cap. 5, can. 6. 50 Sacred Cong. of Rites, September 28, 1658 (Decr. Auth., n. 1096). 78 A PRACTICAL COMMENTARY proper to any church all the clergy attached to that church must be present (Canon 1294). Stopping all abuses that may have crept in, the Ordinaries shall see that the processions are performed in orderly fashion, and with the modesty and reverence which are so proper to such pious and religious acts (Canon 1295). TITLE XVIII OF SACRED FURNISHINGS 1318. Saered furnishings, especially those which must in accordance with the liturgical laws be blessed or consecrated and are used in the public worship, are to be carefully preserved in the sacristy of the church, or in some other safe and decent place, and must not be used for profane purposes. As prescribed by Canon 1522, §§ 2-3, an inventory shall be made and carefully kept of all sacred furnishings. The material and form of sacred furnishings must be in conformity with the liturgical laws, with ecclesiastical tradition, and as closely as possible with the laws of sacred art (Canon 1296). Those who are, by the law of Canon 1186, obliged to attend to the repairs of the church edifice, must also provide the furnish- ings needed for divine worship, unless other provisions have been made (Canon 1297). OWNERSHIP OF SACRED FURNISHINGS OF A DECEASED CARDINAL 1319. The sacred furnishings and all other objects per- manently devoted to divine worship in the possession of a de- ceased Cardinal who had his domicile in the City of Rome, though he was a suburbicarian bishop or an abbot nullius, become the property of the Papal sacristy, no matter by what kind of revenue they were acquired, unless the Cardinal has donated or willed them to some church, public oratory, pious place, or to an eccle- siastical or religious person. His rings and pectoral crosses, even those with sacred relics, are excepted from this rule of seizure by the Papal sacristy. It is to be desired that the Cardinal who wants to make use of the faculty to donate or will his sacred CANONS 1294-1300 79 furnishings, should leave at least a part of them to the churches of which he held the title, administration or commenda (Canon 1298). OWNERSHIP OF SACRED FURNISHINGS OF A DECEASED BISHOP 1320. The sacred furnishings of a deceased residential bishop, even if a Cardinal, accrue to his cathedral church, with the excep- tion of the rings, pectoral crosses, including those with relies, and all sacred furnishings of any kind which can be proved to have been acquired by the deceased bishop with other than the funds of the diocese, and have not been turned over to the proprietor- ship of the church. If the bishop has a pectoral cross containing a relic of the True Cross, Canon 1288 demands that the relic be transmitted to the successor. If the deceased bishop has governed two or more dioceses in succession, or if he presided simultaneously over two or more dioceses which had been united or which were entrusted to him for permanent administration (each diocese having its own proper cathedral church), the sacred furnishings which are known to have been acquired by the funds of one only of these dioceses shall accrue to the cathedral of that diocese; otherwise they must be divided equally among the various cathedral churches, provided the revenues of the dioceses are not divided but constitute permanently only one mensa episcopalis, If the revenues of each cathedral are kept separate, the sacred furnish- ings are to be divided between the several cathedral churches in proportion to the amount of revenue the bishop has received from each diocese, and the length of time he has presided over it. The bishop is obliged to make an inventory in authentic form of the sacred furnishings, in which account he shall accurately state when they were acquired, and point out distinctly those furnishings which he did not buy with church funds, but which were either bought with his own money or acquired by personal donation; otherwise the law presumes that all were acquired by church funds (Canon 1299). The rules of Canon 1299 are to be applied also to a cleric who obtained a secular or religious bene- fice in any church (Canon 1300). 80 A PRACTICAL COMMENTARY THE PRECEDING PROVISIONS Must BE MapgE BINDING UNDER THE Civi, Law 1321. Cardinals, residential bishops and other clerics holding benefices have the obligation to take care that by last will, or other document drawn up in the form recognized by civil law, the provisions made in Canons 1298-1300 may have effect also in the civil courts. Wherefore, they shall in good time appoint, in a manner recognized by civil law, a person of unblemished char- acter, according to the rule of Canon 880, who at their death shall take possession not only of the sacred utensils, but also of all books, documents, and all other goods belonging to the church, and found in their house, and turn them over to the proper per- sons (Canon 1801). CarE AND Use or SAcRED FURNISHINGS 1322. The rectors of churches and all others to whom the care of sacred furnishings is entrusted shall carefully provide that they are preserved in good condition (Canon 1302). The cathedral church must furnish the bishop gratuitously with the sacred furnishings and all the other things he needs for the celebration of Holy Mass and other pontifical functions, even when he celebrates privately, not only in the cathedral church, but also in other churches of the episcopal city or its suburbs. If a church is very poor, the Ordinary may permit that a moderate fee be demanded of priests saying Holy Mass there for their own convenience, for the use of the sacred furnishings and the other things needed for the celebration of Mass. The bishop —but not the vicar-capitular or the vicar-general without a special mandate—has the right to determine the amount of this fee, and nobody (not even exempt religious) are allowed to demand a larger fee. The bishop should fix the amount of the fee for the whole diocese, if possible in a diocesan synod, or outside the synod with the advice of the Chapter (Canon 1303). Persons Wuo HAVE THE PowErR TO BLESS SACRED FURNISHINGS 1323. The power to bless those sacred furnishings which must, according to the liturgical laws, be blessed before they are used for their purpose, is given to the following: CANONS 1301-1304 81 (1) All Cardinals and bishops; (2) Local Ordinaries who are not consecrated bishops, for the churches and oratories of their own territory ; (3) Pastors, for the churches and oratories located within their parishes, and rectors of churches for their churches; (4) Priests delegated by the local Ordinary within the limits of the delegation and the jurisdiction of the delegating Ordinary ; (5) Religious superiors, and priests of the same organization delegated by them, for their own churches and oratories and for the churches of nuns subject to the regular superior (Canon 1304). The faculty of blessing the sacred furnishings is local, so that the power of all the persons enumerated here (except Cardinals and bishops) can be exercised only in certain defined places or territories. Formerly the Sacred Congregation of Rites had ruled that, without an Indult of the Holy See, the bishop could not delegate the faculties of blessing furnishings which are re- served to him by the Rituale Romanum.®! The Code gives him the power to delegate priests. The regular form of faculties issued to the bishops of the United States gives them further powers to delegate priests for the performing of consecrations (i.e. blessings which require the anointing with holy chrism, such as the consecration of altars and chalices). Without an Apostolic Indult, the bishop cannot delegate the powers attached to the episcopal order, as is explicitly stated in the law of the Decretals.*? Loss OF CONSECRATION OR BLESSING OF THE SACRED FURNISHINGS 1324. Sacred furnishings that have been blessed or conse- crated, lose their blessing or consecration: (1) if they have suffered such damage or change that they have lost their original shape and are no longer fit for their purpose ; (2) if they have been used for unbecoming purposes, or have been exposed for public sale. Chalices and patens do not lose their consecration when the gold-plating wears off or is renewed, but there is a grave obliga- 51 April 2, 1875 (Decr. Auth., n. 3343). 52 Decretal. Greg. IX, c. 9, De Consecr. Eccl, vel altaris, lib, III, tit. 40. 82 A PRACTICAL COMMENTARY tion to have the gold plating renewed when worn out (Canon 1305). . Of the two ways in which sacred furnishings lose their conse- eration or blessing, the first was commonly admitted before the promulgation of the Code. The second cause of desecration of the sacred furnishings is new in the law of the Church.” For- merly the Sacred Congregation of Rites had ruled that the chalice and paten lose their consecration upon the renewal of the gold plating.** When chalice and paten need re-plating, they should not be broken or made unfit for use, for the purpose of depriving the sacred vessels of the consecration, before giving them into the hands of the firm which does the re-plating. The Sacred Con- eregation of Rites has forbidden this abuse.®®> The priest should get permission from the bishop to give the sacred vessels to the business house for repairs. To facilitate matters, the bishops authorize certain firms to do the gold-plating of chalices and patens, and the priest may give to these firms chalices and patens for re-plating.*® THE HANDLING OF SACRED F'URNISHINGS 1325. Care must be taken that the chalice and paten are not touched by others than clerics or by those who have their custody ; the same rule applies to purificators, palls, and corporals which have been used in Holy Mass and are still to be washed. The purificators, palls, and corporals used in Holy Mass shall not be given to lay persons (even though they are religious) to be washed until they have first been washed by a cleric in major orders; the water of the first washing shall be poured into the sacrarium, or, if there be none, into the fire (Canon 1306). Are ‘‘those who have the custody of the sacred furnishings’’ clerics exclusively, or does that phrase include laymen and reli- cious, Sisters or lay brothers, who have charge of the sacristy? Writing before the promulgation of the Code, Wernz says that in the course of time the ancient rigor in the matter of touching the sacred vessels was relaxed, so that lay brothers and religious, 53 Decretal. Greg. IX,.c. 2, De Sacramentis non iterandis, lib. I, tit. 16; Wernz, ‘‘Jus Decretal.,’’ III, n. 504. 54 June 14, 1845, and May 9, 1857 (Decr. Auth., nn. 2889 and 3042). 55 April 23, 1822 (Decr. Auth., n. 2620). 56 Suffragium ad Decretum No. 2620 (Deer. Auth., IV, p. 223). IL Oe ee, ee ee eee CANONS 1805-1307 83 Sisters and laymen acting as sacristans were permitted to touch the sacred vessels.*’ Blat °* and Vermeersch-Creusen ** apply the above phrase also to lay sacristans.. The wording of the Code —‘‘nisi a clericis vel ab iis, etc.’’—seems to indicate that others than clerics may touch them, if they have the custody of the sacred utensils, The washing of purificators, palls, and corporals which have been used in Mass is properly the office of subdeacons, as is evident from the address of the bishop to the candidates for that order.°° The Sacred Congregation of Rites declared that the bishop cannot empower nuns or other Sisters to do the first washing.®** In the early centuries of the Church the deacons, together with the inferior ministers, had the duty of washing the sacred linens, and the manner how to proceed was detailed in the Decretum Gratiant.? TITLE XIX OF VOWS AND OATHS CHAPTER I OF VOWS 1326. A vow is a free and deliberate promise to God to per- form a possible and higher good, and must be fulfilled by reason of the virtue of religion. All persons who have sufficient use of reason in proportion to the object of the vow, may make a vow unless they are forbidden by law to do so. A vow made from grave and unjust fear is invalid by law (Canon 1307). The idea of promising God some special good work or sacri- fice, either to move the Heavenly Father to grant some special favor, or to thank Him for favors received, or finally to show one’s extraordinary desire to promote the honor of God, seems very natural to the human heart. We find reference to vows or promises throughout the pages of the Old Testament, which also 57 Jus Decretal., III, n. 503, note 7. 58 Commentarwm, III, n. 177. 59 Hpitome, II, n. 635. : 60 Pontificale Romanum (De Ordinatione Subdiaconi). 61 September 12, 1857 (Decr. Auth., n. 3059). 62 ¢. 40, Dist. I, De Consecratione. 84 A PRACTICAL COMMENTARY points out to us the seriousness of making a promise to God: ‘‘If thou hast vowed anything to God, defer not to pay it. For an unfaithful and foolish promise displeaseth Him’’ (Eecles., v. 3). That the object of the vow must be possible to the one making the pledge to do it, and that it must be something which tends to the honor of God (bonwm), is evident, for otherwise the vow would not honor God, but would rather be an insult. As nobody can reasonably promise anything unless he knows the object of his promise, one’s knowledge must be in proportion to the object promised. The very nature of the vow demands that one be free—not forced to make the promise by the violence or threats of other persons. The Code says that one must be free from ‘‘unjust’’ fear. May anyone justly force another to make a vow? If a person is free to make or not to make a vow, is it not an injustice to interfere with his liberty by threatening or otherwise inducing him against his will to make a vow? If someone obliges oneself to make a vow (e.g., in the former Canon Law, if the wife gave her husband leave to join a religious community, she could be obliged by the bishop to make a vow of chastity), the obligation can be urged. With reference to the question of force and fear in the making of a vow, commenta- tors on the Code discuss the distinction between unjust fear which is the cause, and unjust fear which is the occasion of the making of the vow. The line of demarcation between cause and occasion is by no means easy to determine in a practical case. Authors say that, when the unjust fear is the cause of the vow, it is no vow at all; but that the vow is valid, if the fear is the occasion merely of the taking of the vow.® It seems to us that God does not want an offering on the part of man unless it is made with absolute freedom, for the human sense of propriety and fairness would prompt us to refuse an offering made to us by a person who was not fully free in his action. If that sense of propriety of the human heart is right, we may safely assert that God thinks the same way. TERMINOLOGY IN THE MATTER OF Vows 1327. A vow is.called public, if it is accepted in the name of the Church by a legitimate ecclesiastical superior; otherwise 63 Vermeersch-Creusen, ‘‘Epitome,’’ II, n. 637. CANONS 13808-1309 85 it is private. A vow is called solemn, if recognized as such by the Church; otherwise it is somple; it is reserved, if dispensation from it can be given only by the Holy See. A vow is personal, if an act of the person making the vow is promised; real, if some object is promised; mixed, if it partakes of the nature of both personal and real (Canon 1308). The vows in religious communities approved by the compe- tent ecclesiastical authority are public vows, because the superior or superioress is entitled by the law of the Church to accept the vows in the name of the Church. The distinction between solemn and simple vows is not one of the essence of the vows as such, but rather a distinction as to the juridical effects of these vows, for Pope Boniface VIII states in one of his Deeretals that the solemnity of the vows is created (literally ‘‘invented’’) exclusively by the law of the Church.** Canon 1309, which will be discussed presently, states what vows are reserved to the Holy See. Personal vows imply an act on the part of the one making the vow (e.g., to fast on certain days, to say certain prayers, to be obedient to the religious superiors, etc.) ; real vows imply that something real is promised (e.g., the donation of land or other real or personal property to some good cause) ; a vow is mixed, if besides giving the property the person also promises to perform some personal good work (e.g., labor, prayer, ete.). RESERVED Vows 13228. Only two private vows are reserved to the Holy See: the vow of perfect and perpetual chastity and the vow to enter a religious organization in which solemn vows are taken, pro- vided these vows were made unconditionally and after the com- pletion of the eighteenth year of age (Canon 1309). The Code speaks of private vows only in this chapter on vows; the vows made in religious communities approved by the Church are public vows, and these are discussed by the Code in its treatise on religious. To ascertain who has the power to release from these vows, one must consult the constitutions of the organizations concerned. Among reserved vows before the promulgation of the Code there were (besides the two mentioned ~ in Canon 1309) also the vows to make a pilgrimage to the tomb 64 Tiber Sextus, ec. unicum, De voto et voti redemptione, lib. IIT, tit. 15. 86 A PRACTICAL COMMENTARY of the Holy Apostles at Rome, to the Holy Land, and to the tomb of the Apostle St. James at Compostella in Spain. All these are enumerated by Pope Sixtus IV in his Constitution ‘‘Btsi Dominici.’’ °° That the vows were reserved to the Holy See only when they were made absolutely (that is to say without any conditions), was the teaching of canonists before the Code became law. The age required by the Code to make a vow reserved to the Holy See, is new. The power to release from other private vows is treated in Canons 1312 and 1313 of the Code. EXTENT OF THE OBLIGATION OF A VOW 1329. A vow,-as such, imposes an obligation on nobody except the person who makes it. The obligation of a real vow descends to the heirs, and so does the mixed vow in so far as it is real (Canon 1310). As a vow is a strictly personal affair, nobody can by his vow put the obligation of the vow on another. Thus, if a mother makes a vow to offer her child to the service of God, the child is not affected by that vow, and does not lose his liberty in the choice of his state of life. In Europe there have been instances where a town or city (that is, a representative majority of the people) made a vow to keep certain days as holydays of obli- gation, or to keep fast and abstinence on certain days, and this was done with the approval of the bishop of the diocese. The question arose whether all the people of such a town are bound, and whether the obligation descends to future generations. The Holy See answered that only those people who actually made the vow are bound by it, and that the obligation does not descend to future generations.® The obligation of a real vow is considered by the Church to attach to one’s goods and property. Wherefore, at the death of the person who had attached this burden to his property, the heirs who succeed him in the possession of his goods and prop- erty are under obligation to fulfill the vow. There is a dif- ference of opinion about the nature of the obligation of the heirs—that is, whether the binding foree comes under the virtue 65 Extravagantes Communes, ¢c. 5, De penitentiis et remissionibus, lib. Vy tits 2. 66 Sacred Cong. of Rites, November 19, 1650 and June 23, 1703 (Decr. Auth., nn. 932 and 2113). CANONS 1310-1311 87 of religion or of justice. This controversy existed even before the Code, because also formerly a real vow was considered to attach to the property of the person making the vow. The Code states that the obligation of the vow descends to the heirs, and since it is certain that the obligation arises from the virtue of religion, it follows that by the same virtue the heirs are bound to fulfill the obligation. For this reason the Code says that a vow ratione sui (by reason of itself) obliges the person only who makes the vow, but, ratione objecti cui inheret obligatio (by reason of the object to which the obligation attaches), it can bind others.*7 The same is to be said concerning a mized vow in reference to the part that is real. Various WAYS IN WHICH THE OBLIGATION OF A Vow CREASES 1330. The vow ceases in the following cases: when the time expires which was attached to the vow for the ending of the obligation; by substantial change of the matter promised; by non-verification of the condition upon which the vow depended, or by cessation of the final motive from, or the purpose for which the vow was made; by annulment, dispensation, or com- mutation (Canon 1311). The time may be made a condition in one’s vow in such a manner that one intends to bind oneself for a specified time only, and in such a ease the vow ceases with the lapse of the specified time. A substantial change in the matter promised (whether that matter is the offering of certain goods or the performance of personal acts), may amount to a moral impos- sibility to fulfill the vow. Ifa vow is made to depend on a condi- tion—if, for instance, one vows to give a hundred dollars to the poor if he gets the position for which he has applied, but fails to get it—the vow does not hold because the condition is not veri- fied. Similarly, if the final motive, or the only purpose, of the vow ceases, the vow ceases also; for instance, one vows to say five decades of the rosary daily until one’s mother has regained her health; if she gets well, or if she dies, the obligation ceases. These reasons for the cessation of the vow are inherent in the nature of the human act; the other three causes for which a vow ceases, namely, annulment, dispensation, commutation, are 67 Vermeersch-Creusen, ‘‘Epitome,’’ IT, n, 641, 88 A PRACTICAL COMMENTARY extrinsic causes for the cessation of a vow; they are spoken of in the following three Canons of the Code. ANNULMENT OF VOWS 1331. He who legitimately exercises the domestic power over the will of the person making a vow, can validly annul his or her vows, and for good cause also licitly, so that the obligation never revives afterwards. A person who has indeed no power over the will of the one making the vow, but has power over the matter of the vow, can suspend the obligation of the vow for such time as the fulfillment of the vow would be to his detriment (Canon 1312). The domestic power (potestas dominativa) is the power of a father or a master over the members of the family or house- hold. That power is natural and inherent, not ereated by the will of man such as is, to a certain extent at, least, the pub- lie or governmental power. The power of the person who has domestic power to annul all vows of his subjects is to be derived from ecclesiastical law rather than from the natural law, for the arguments of authors who ascribe this power to the natural law are not convincing. In man’s relation to God, and in his re- sponsibilities towards the Creator, a child who has just come to the age of discretion is on the same footing as any free and independent person. Where there is question of a vow that interferes with the service or other duties which a member owes to the head of the family, one may rightly say that the natural law excludes such a vow, because it is beyond the power of the subject to promise something to which another has a legitimate claim. There is no general law of the Church which gave the head of the family the power to annul all vows of members of the family, but the chapter which the Decretum Gratiani took from a particular council °° has in the course of time won uni- versal recognition. According to this Decree of Gratian, the father can annul the vows which his children make before the age of puberty. The Code amplifies the domestic power by placing no restriction of age at all; it simply rules that those who have domestic power over the will of others can annul the vows of their subjects. Nevertheless, one must conclude from 68¢, 2, C. XX, qu. 2. CANONS 1312-1313 89 Canon 89 that the children of a family are subject to the domestic power merely during their minority (before they are twenty-one years of age), for, when they are of age, they have the free exercise of their rights. In religious organizations the professed members are by the law of the Church placed under the power of the legitimate superior or superioress to such an extent that, according to the common opinion of canonists, the superior can annul their private vows.°® 1332. A limited power to suspend the obligation assumed by private vows is given by the Code to those who have power over the subject matter of the vow. Thus, persons who are of age and have therefore the free exercise of their rights, but who have made agreements for service in a family or a business house, have given to another party certain rights over them. If such persons make vows which interfere with the rights of the other party, the latter can suspend the vows as long as they interfere with his rights. DISPENSATION FROM PRIVATE Vows 13338. Vows which are not reserved may be dispensed for a good reason, provided the dispensation does not violate the ac- quired rights of a third party: . (1) By the local Ordinary, who may dispense not only his subjects but also transients; (2) By the religious superior of an exempt clerical organi- zation, who may dispense not only the professed religious, but also novices, and other persons who stay day and night in the religious house for reason of service, education, sickness, or as guests, as enumerated in Canon 514, §1; (3) By persons who have received the delegated faculty from the Holy See to dispense with vows (Canon 1313). The Code speaks of the power of jurisdiction by which the Church may, in the name of Christ and for a good reason, free from obligations due to God. The law places one restriction on the power of dispensation granted to local Ordinaries, to religious superiors of exempt organizations, and to individual priests by Papal indult: they cannot release from vows, if such a release injures the acquired rights of a third party. A promise 69¢, 2, C. XX, qu. 4. Cfr. Schmalzgriiber, ‘‘Jus Eccl.,’’ VII, 148. 90 A PRACTICAL COMMENTARY made to a third party and accepted by him may be confirmed by a vow. From this kind of a vow release can be sranted by the Holy See alone, for the Supreme Pontiff can, in virtue of his power of eminent domain, take away the rights of an indi- vidual, when such rights are based on, or intimately connected with, religion. On this point there has been some dispute as to the power of the Supreme Pontiff in a case where the goods or rights in question are not ecclesiastical goods. Nevertheless, in view of the intimate connection of these rights with a matter over which the Supreme Pontiff has power, the right seems to be merely accessory, and therefore ‘‘accessorium naturam sequi congruit principalis.’’ 1334. The power of the local Ordinary extends not only over the subjects of his diocese (that is to say, over those who have in his diocese a domicile or quasi-domicile), but also over stran- gers who visit his diocese. The latter point was disputed before the promulgation of the Code. The local Ordinary can delegate the power of dispensing from non-reserved vows because it is an ordinary power (cfr. Canon 199). The same is to be said of the power of religious superiors of exempt clerical organi- zations with reference to the persons over whom the power of dispensation is granted them by the Code. Since the Code uses the term ‘‘superiors’’? without any limitations, local superiors are included. By concession of the Holy See, priests may be authorized to dispense from vows. This faculty has been fre- quently given to priests individually, and has also been given, by way of a permanent privilege, to the confessors of some religious organizations. ‘‘From the Compendia Privilegiorum of the Dominicans, Franciscans, Carmelites, and Jesuits,’’ says Reiffenstuel, ‘‘it is evident that their confessors can release from all non-reserved vows.’’*! These privileges still remain since it is not certain that even privileges acquired by communication at a time prior to the promulgation of the Code are revoked by Canon 613.7 CoMMUTATION OF VOWS 1335. A good work promised in a non-reserved vow may be commuted to a better, or an equal one, by the individual him- 70 Regula Juris 42 in Sexto, in Liber Sextus Bonifacit VIII, lib. V. 71 Reiffenstuel, ‘‘Jus Canonicum,’’ lib. ITT, tit. 34, n. 39. 72 Blat, ‘‘Commentarium,’’ III, n, 186; Vermeersch-Creusen, ‘‘Epi- tome,’’ II, n. 644. CANONS 13814-1315 91 self who made the vow; but it can be commuted to a lesser work only by those to whom the power of dispensation is given in Canon 1313 (Canon 1314). It has been the common opinion of canonists and moralists that a person may on his own initiative change a private, non- reserved vow by substituting a better work for the work prom- ised. The changing of the object promised into another object ‘or work of equal value, however, was not allowed under the former law, but now the Code grants this liberty. The faculty to change by private authority the object promised for a better or an equally good work, applies to non-reserved vows only, for Canon 1314 speaks exclusively of non-reserved vows. Vermeersch- Creusen hold that, even in reserved vows, one may on one’s own initiative change the promised work for one that is evi- dently better. This is not certain, for under the old law canon- ists did not agree on the question whether one could change by private authority reserved vows into something better.7* The faculty to dispense from vows includes the power to commute Vows. Vows MApbrE BEFORE PROFESSION IN A RELIGIOUS COMMUNITY 1336. Vows which were made before profession in a religious community are suspended as long as the person remains in the religious organization (Canon 1315). Before the Code, it was certain that all private vows made before solemn profession in a religious order were wiped out by the solemn profession, and this doctrine was based on the law of the Decretals.** Simple profession did not remove or suspend the obligation of previous vows, unless the laws of a particular organization gave such force to its simple vows. Thus, Lehmkuhl states that the simple vows in the Society of Jesus suspend private vows. The Code modifies the former law in two points: first, by denying to any religious profession (solemn or simple) the power to annul permanently all former vows; secondly, by extending the suspension of private vows to both solemn and simple vows. There is no doubt, however (as Ver- 73 Vermeersch-Creusen, ‘‘Epitome,’’ II, n. 645; Reiffenstuel, ‘‘Jus Can.,’’ lib. ITI, tit. 34, n. 44. 74 Decretales Greg. IX, ¢. 4, De voto et vott redemptione, lib. ITI, tit. 34, 92 A PRACTICAL COMMENTARY meersch-Creusen remark), that the person who makes profes- sion of any kind of vows in a religious community can, by his will and intention, commute all his private vows into the re- ligious profession under the general rule of Canon 1314 con- cerning the commutation of vows.” CHAPTER II OF OATHS 1337. An oath, which is an invocation of the divine name in witness of the truth, may not be taken except with veracity, prudence, and justice. An oath which the Canons of the Code demand or permit, cannot validly be taken by proxy (Canon 1316). To call upon God to witness the truth of one’s testimony or statements, is a very ancient practice, and was indeed in vogue long before the Christian religion came into existence. The value of the oath to prove facts or statements depends to a great extent on the character of the person taking the oath. It may be said that a person with an average amount of faith in God is moved by an oath to be more truthful and exact in his statements, while he might not be so scrupulous to tell the truth if it was merely a question of deceiving men. An oath must be truthful; it must be taken with discretion (not lightly for any trifling affair), and it must be just (that is to say, morally right). The positive rule of the Code demands that an oath be taken personally, whenever the Canons require or permit the taking of an oath. In itself, an oath certainly may be taken by proxy. EFFECT oF OATHS 1338. The person who has freely sworn to do something, is bound by a special obligation of religion to accomplish what he has promised under oath. An oath extorted by violence or grave fear is valid, but a release from it may be given by the ecclesiastical superior. An oath, taken without violence or de- ceit, by which a person renounces some private good or favor given him by law itself, must be observed whenever it does not involve the ruin of the soul (Canon 1317). 75 Epitome, II, n. 646. CANONS 1316-1318 93 If the taking of the oath is a human act (that is to say, taken with due knowledge and at least the essential freedom of the will), the oath is valid, though the person was intimidated and took the oath only because of threats and fear. Neverthe- less, a person who was unjustly intimidated has been wronged, and therefore the Code provides that the ecclesiastical superior may release from such oaths. The reader will notice that, in Canon 1307, the Code stated that vows made out of grave fear unjustly inflicted are automatically invalid. Oaths made under the same circumstances are not invalidated by the Code. The same difference between vows and oaths existed in the former law, and Reiffenstuel explains this difference by the fact that vows are not taken so frequently, and there is thus not the same danger that one would claim his vow to be invalid because of force or fear; on the other hand, oaths are often demanded in law, and, in order to prevent unfounded claims of invalidity, the law does not declare them ipso facto void, but wants the force and fear proven by the one who took the oath, whereupon the superior will grant the release.”¢ The last part of Canon 1317 modifies the principle of the Code which generally upholds the validity of oaths made out of grave fear unjustly inflicted, for, if one renounces a private good or favor granted by the law itself, renunciation by oath is not valid unless it is made freely, without violence or deceit. NATURE OF PRomIssoRY OATH 1339. A promissory oath partakes of the nature and econdi- tions of the act promised by oath. If an act which involves directly the injury of others, or prejudices the common weal or one’s eternal salvation, is confirmed by an oath, the act does not thereby acquire any justification (Canon 1318). Since the oath follows the nature of .the act to which it is added, a promise under oath is invalid if the promise is inad- missible. Moreover, all circumstances and conditions which invalidate a promise invalidate also the oath attached to such promise. An oath cannot be made a bond of iniquity, as the law of the Decretals puts it.” Hence, any acts which are 76 Reiffenstuel, ‘‘ Jus Can.,’’ lib. I, tit. 40, nn. 58 and 59. 77 Liber Sextus, c. 1, De consuetudine, lib. I, tit. 4. 94 A PRACTICAL COMMENTARY opposed to a duty towards God or our neighbors (individually or as a society) or to the good of one’s own soul, cannot be the subject of a promissory oath, and if by mistake or malice they are made the subject of such an oath, the oath is null and void. CESSATION OF A PRomISssORY OATH 1340. The obligation assumed by a promissory oath ceases: (1) if it is remitted by him in whose favor the oath was made ; (2) if the object promised by oath has changed substan- tially, or if changed circumstances have made the oath either sinful, or altogether a matter of indifference, or finally an obstacle to a higher good; (3) if the final purpose, or condition under which the oath was taken, fails; (4) by annulment, dispensation, or commutation, as speci- fied by Canon 1320 (Canon 1319). The Code stated above (in Canon 1318) that in a promissory oath the promise is primary and the oath secondary, and that the oath shares in the nature and conditions of the promise. Canon 1319, nn. 1-3, is an application of this principle. The manner in which the authority of the Church releases from a valid promissory oath, is indicated in Canon 1819, n. 4, and is further discussed in Canon 1320. ANNULMENT, DISPENSATION, AND COMMUTATION OF PROMISSORY OATHS 1341. Persons who have the power to annul, dispense or commute vows, have the same power also over promissory oaths; if, however, the dispensation from an oath involves an injury to others, and these persons refuse to remit the obligation, the oath can be dispensed from only by the Holy See on account of the necessity or interest of the Church (Canon 1320). In the dispensation and commutation of vows the distinction between reserved and non-reserved vows has to be considered ; but in the ease of promissory oaths no such distinction has to be made, for the Code has no reserved oaths. When a third party has acquired a right by acceptance of the promise made to him under oath, nobody except the Supreme Authority can CANONS 1319-1321 95 release from the oath without the consent of the party who accepted the promise. Some commentators urge the right of the third party to such an extent that they regard the person making the promissory oath as bound, even though a change of circumstances makes the oath a hindrance to a greater spiritual good, provided the subject of the promise remains ‘‘aliquid honestum.’’ They argue from Canon 542, which, in cases in which the taking of the oath is sanctioned by the law of the Holy See, declares invalid the reception into the novitiate of a religious community of an applicant who has taken an oath to serve the mission or the diocese. However, an individual ex- ception does not destroy the general principle for the cessation of promissory oaths, as laid down in Canon 1319, n. 2.78 INTERPRETATION OF OATHS 1342. An oath must be strictly interpreted according to law and according to the intention of the person taking the oath— or, if the latter should act deceitfully, according to the intention of him to whom the oath was made (Canon 1321). In interpreting an oath, one must adhere closely to the words by which the oath was expressed, and not extend them beyond their plain meaning. If the meaning of words used is doubtful, the intention ought to be considered. The rules of law about oaths are understood to govern every oath. It is evident that nobody can make a valid oath to do something forbidden by law. If a person renounces a favor which the law grants to him personally, and he does so with full knowledge of his right and by his own free will, he is bound by the oath, as Canon 1317 declares. In virtue of Canon 72, a private individual may not renounce a privilege granted to a community, dignity or place. If a person acts deceitfully in confirming by oath something in which a third party is concerned (for instance, a contract), the intention of the one to whom the oath was made prevails, on the supposition that his intention was manifested to the other party either explicitly or implicitly by the nature of the agree- ment. Likewise, if the legitimate authority demands a statement under oath, the person taking the oath deceitfully is bound by the intention of the authority to whom the oath was made. 78 Vermeersch-Creusen, ‘‘Epitome,’’ II, n. 653. PART FOUR OF THE TEACHING AUTHORITY OF THE CHURCH 1343. Christ our Lord confided to the Church the deposit of faith, in order that she, with the perpetual assistance of the Holy Ghost, might faithfully preserve and expound the revealed doctrine. Independently of any civil power whatsoever, the Church has the right and duty to teach all nations the evangeli- eal doctrine, and all are bound by the divine law to acquire a proper knowledge of this doctrine and to embrace the true Chureh of God (Canon 1322). It is a well-known fact attested by history that the Catholic Church has always claimed to have been appointed by Christ as the sole guardian and authorized teacher and interpreter of the religious truths taught by Christ. Dissenting sects arose soon after the departure of Christ from this world; the Church examined the teaching of the dissenters, decided whether or not their doctrine agreed with the teaching of Christ, and, if she had to condemn the teaching, she did so regardless of con- sequences, trusting that God will uphold the truth and give strength to those who with their whole heart embrace it despite the opposition of all the powers of the world. 1344. By the divine and Catholic faith must be believed all those truths which are contained in the Word of God as written or handed down to us, and which are, either by solemn pro- nouncement or by the ordinary and universal teaching of the Church, proposed for belief as divinely revealed truths. The solemn judgment in this matter is reserved to an Cicumenical Council and the Roman Pontiff speaking ex cathedra (that is to say, in his capacity of the supreme teaching authority). No religious teaching is to be understood as dogmatically declared and defined, unless such declaration or definition has clearly been made (Canon 1323). 96 CANONS 1322-1325 97 The human mind must be disposed and willing to believe whatever God has taught mankind. To ascertain what God has taught would be a practical impossibility, if God Himself had not appointed a teacher and interpreter of His revealed truths, and had not furthermore assisted that teacher with His divine power so as to ward off all error. This is called the Infallibility of the Church, which is exercised when, either in an @cumeni- eal Council or through the Supreme Pontiff, she speaks on mat- ters of faith and morality in the name of Christ and as the God-appointed teacher of mankind. 1345. It is not sufficient to avoid heretical error, but one must also diligently shun any errors which more or less approach heresy. Wherefore, all constitutions and decrees by which the Holy See has condemned and prohibited such opinions must be observed (Canon 13824). Heresy consists in a stubborn denial of truths which have been defined and proposed by the Church as divinely revealed doctrines. Obedience to the teaching authority of the Church obliges her subjects to accept, not only the truths defined as revealed, but also whatever the Church ordains in virtue of her right and duty to safeguard the divinely revealed truths. If one admits that the Church has been appointed by God as the teacher of faith and morality, one must also admit that the Church has the right to forbid opinions which are dangerous to the principles of faith and morality. 1346. The faithful are bound to profess their faith publicly, whenever silence, subterfuge, or their manner of acting would otherwise entail an implicit denial of their faith, a contempt of religion, an insult to God, or scandal to their neighbor. Any baptized person who, while retaining the name of Christian, obstinately denies or doubts any of the truths proposed for belief by the divine and Catholic faith, is a heretic; if he aban- dons the Christian faith entirely, he is called an apostate; if, finally, he refuses to be subject to the Supreme Pontiff, or to have communication with the members of the Church subject to the Pope, he is a schismatic. Catholics shall not enter into any disputes or conferences with non-Catholics—especially public ones—without the permis- sion of the Holy See or, in urgent cases, of the local Ordinary (Canon 1325). 98 A PRACTICAL COMMENTARY This official explanation of the terms heretic, apostate and schismatie is of importance for the correct understanding of the Canons in which these terms are employed. The question when the profession of one’s faith is required in order to avoid what appears an implicit denial of one’s faith, contempt of religion, an insult to God, or a scandal to the neighbor, depends largely on prudent judgment in the various circumstances. Gen- erally speaking, there are few cases in which one has to make known his religious profession, for in the civil intercourse of people in these days it is understood that one’s religion is not to be considered, though certain people try to make things unpleasant for Catholics even in the common affairs of life. Yet, it is impossible to maintain peace and charity unless re- ligious tolerance is practised, for with the facilities of modern travel and world-wide activity Catholics intermingle with the adherents of the various Christian denominations in all the countries of the world, and must find a way of living in peace. 1347. Although they do not possess, either individually or when assembled in particular councils, infallibility in their teach- ing, the bishops also are truly doctors and teachers of the faith- ful committed to their care under the authority of the Roman Pontiff (Canon 1326). TITLE xx OF THE PREACHING OF THE DIVINE WORD 1348. The office of preaching the Catholic faith is committed especially to the Roman Pontiff for the Universal Church, and to the bishops for their dioceses. In virtue of their office, the bishops are bound to preach the Gospel in person, unless they have a legitimate excuse; in addition, they must employ, besides the pastors, the help of other qualified persons for the salutary fulfillment of their office of preaching (Canon 1327). 1349. Nobody is allowed to exercise the ministry of preach- ing, unless he has received a commission from the legitimate superior, either by special faculty or by appointment to an office to which the duty of preaching is attached by the Sacred Canons (Canon 1328). CANONS 1326-1331 99 It was always understood in the Catholic Church that the bishop has a personal obligation to teach the people of his dio- cese. As successors of the Holy Apostles, Christ’s command to the Apostles to teach all nations extends also to the bishops. In a Decree passed in the Fourth Lateran Council (1215), Pope Innocent III enumerates the cases in which it becomes physi- cally or morally impossible for the bishop to comply personally with the duty of preaching: in these cases the bishops are ex- cused, but the Pope insists that they must at all times employ a sufficient number of capable preachers throughout the diocese. CHAPTER I OF CATECHETICAL INSTRUCTION 1350. It is a proper and most serious office, especially of the pastors of souls, to provide for the catechetical instruction of the Christian people (Canon 1329). The pastor must: (1) .at stated times each year prepare the children for the reception of the Sacraments of Penance and Confirmation by instructions over a number of days; (2) prepare the children with a truly excep- tional care—preferably during Lent, if nothing stands in the way—to receive their First Holy Communion worthily (Canon 1330). Besides the instructions, spoken of in Canon 1330, the pastor shall not neglect to instruct more fully in Christian doce- trine the children who have recently made their First Communion (Canon 1331). The Code does not say that it is the personal duty of pastors, although it calls the duty of bishops to preach a personal one. The pastor may, therefore, employ others for the teaching of religion, but he must appoint persons who are qualified to teach religion properly. It is wrong to leave the religious instruction of the children exclusively to nuns, unless they have been spe- cially prepared by a higher course in religion. One cannot reasonably expect the Sisters in general to be prepared for that work; only a person who specializes in the study of religion can have the necessary knowledge to teach religion. A few days of special instruction before First Holy Communion are not 1 Decretales Greg. IX, ce. 15, De off. Jud. Ordieiipe tet tite Sl 100 A PRACTICAL COMMENTARY enough to train children properly in religion. As to the prepa- ration for Confirmation, the bishops in the United States have in many instances an immense territory to cover, so that they cannot give Confirmation annually in every parish ; but, when- ever Confirmation is arranged for, special preparation of the children must be likewise provided. The pastors of parishes which have no parochial school are confronted with a grave difficulty in their efforts to impart adequate religious training to the children. The Sunday-school catechism hour is certainly insufficient. The problem can be solved only by much exertion and sacrifice on the part of the pastors of such parishes. 1351. On Sundays and other feasts of obligation the pastor must, at an hour which he judges most convenient for the at- tendance of the people, give catechetical instruction to the adults in discourses suited to their capacity (Canon 1332). The Code is largely based on the European system of Sunday services. In the United States it is not the custom to have the sermon separated from the Mass except on some extraordinary occasion—e.g., Novenas, retreats, missions, Forty Hours’ Devo- tion. Since the people get no regular instruction except at Holy Mass, it is important that the ten or fifteen minutes available for instruction be not consumed with all kinds of announce- ments. In some of the large parishes in which Masses follow one another closely, there is no instruction at all given at some Masses. If the number of parishioners is so large that the number of Masses required does not give sufficient time for instructions, such parishes should be divided, for the people must be taught their religion, and indeed cannot be expected to take an intelligent interest unless they know it. It is well known that our Catholic people read very few, if any, Catholic books on doctrinal or purely religious subjects. Where are they to get their knowledge of religion? It is remarkable under the circumstances that there is still so much interest in religion as is manifested in the material prosperity of parishes and insti- tutions. 1352. The pastor must, if he is legitimately impeded from giving religious training to the children, employ the help of other clerics living in the parish, and also, if necessary, of devout lay persons, especially those who belong to the Sodality of Christian Doctrine or some similar society established in the CANONS 1332-1336 101 parish.” Unless excused by legitimate impediment, priests and other clerics must assist their own pastor in this most holy work, and they may be ordered to do so by the Ordinary, even under ecclesiastical penalties (Canon 1333). If, in the judgment of the local Ordinary, the help of re- ligious is deemed necessary for the ecatechetical instruction of the people, religious superiors, even though exempt, are obliged upon request of the same Ordinary to give eatechetical instruc- tion, either in person or through their subjects, especially in their own churches; such instruction, however, need not be given to the detriment of religious discipline (Canon 1334). 1353. Not only parents and others who hold the place of parents, but also the heads of a household and godparents, are bound by obligation to see that those subject to them or entrusted to their care receive catechetical instruction (Canon 1335). Local Ordinaries have the right to regulate everything pertain- ing to the teaching of Christian doctrine to the people in their diocese, and all must obey his orders—even exempt religious, when there is question of teaching non-exempt persons (Canon 1336) .3 1354. By Motu Proprio of Pope Pius XI, June 29, 1923, a special Department of Christian Doctrine was established at the Sacred Congregation of the Council, with power to direct and promote catechetical instruction and all affairs pertaining to that subject.* By Letters addressed to all bishops, June 24, 1924, this Sacred Congregation requested information from the various dioceses on the manner in which the eatechetical instruction of children and young people is conducted. To secure this informa- tion, it sent out a questionnaire, inquiring: (1) about parochial schools; (2) about higher Catholic schools; (3) about the re- ligious instruction of children who attend public schools.> In the Apostolic Letters of Pope Pius XI to all religious organizations of men, March 19, 1924, the Supreme Pontiff deals with the studies of religious, urges that special attention be paid in the lower studies of young religious to the teaching of Christian doe- 2 Canon 711 desires the bishop to establish the Confraternity of Christian Doctrine in every parish. 8 Littere Iineyclice Pii X, April 15, 1905, De Doctrina Christiana (Acta S. Sedis,, XXXVII, 613). 4 Acta Ap. Sedis, XV, 327. 5 Acta Ap. Sedis, XVI, 332. 102 A PRACTICAL COMMENTARY trine, and strongly recommends the Roman Catechism as a text- book.°® CHAPTER II OF SACRED PREACHING 1355. Only the local Ordinary can within his territory grant the faculty of preaching to the secular clergy and to non-exempt religious (Canon 1337). If a sermon is to be preached exclu- sively for exempt religious and their household as specified in Canon 514, the religious superior of the exempt clerical organiza- tion, who has this right according to the constitutions of his com- munity, grants the faculty of preaching; he may give this faculty even to secular priests, and to those of another religious com- munity, provided they have been declared qualified by their own Ordinary or religious superior. If a sermon is to be preached to others, even to nuns subject to regulars, the faculty of preach- ing is given even to exempt clergy by the Ordinary of the place where the sermon is to be given, but the preacher who is to address exempt nuns needs in addition the permission of the regular superior. The faculty of preaching to members of an exempt laical organization of religious is given by the local Ordi- nary, but the preacher cannot make use of the faculty without the consent of the religious superior (Canon 1338). The various laws issued in recent times,’ and especially the Normae (or Regulations)® on sacred preaching, are contained in the Code in condensed form. Canon 1338 modifies the former privilege of exempt religious, who, before the promulgation of the Code, could preach to the people in their own churches with- out the approval of the bishop, having only to ask his blessing. The Code rules that, whenever they preach to the people any- where in the diocese, the approval of the bishop is required. 1356. Local Ordinaries shall not without a grave reason refuse the faculty of preaching to those religious who are pre- sented by their proper superior, nor shall they without a grave reason recall the faculty once granted—especially not from all 6 Acta Ap. Sedis, XVI, 133. 7 Sacred Cong. Episcopr. et Regular., July 31. 1894 (Acta S. Sedts, XXVII, 162); Motu Proprio, Pius X, Sept. 1, 1910 (Acta Ap. Sedis, UI, 655); Benedict XV, June 15, 1917 (Acta Ap. Sedis, IX, 305). 8 Sacred Consistorial Cong., June 28, 1917 (Acta Ap. Sedis, IX, 328). CANONS 1337-1341 103 the priests of a community at one and the same time. The law of Canon 1340, however, stands. Religious priests are not allowed to make use of the faculty of preaching granted to them by the local Ordinary without the additional permission of their superior (Canon 1339). The local Ordinary and the religious superior are under grave obligation of conscience forbidden to give the faculty or permis- sion to preach to any priest until his good moral standing and sufficiency of knowledge have been first ascertained by examina- tion, as demanded by Canon 877. If, after granting the faculty or permission, they find that the preacher lacks the necessary qualifications, they must recall*the faculty; when doubt arises as to the necessary knowledge, they must dispel this doubt by cer- tain proofs, and even by a new examination, if necessary. Ifa man is deprived of the faculty or permission to preach, recourse to the higher superiors is permitted in devolutivo—that is to say, the order of the bishop or superior is not suspended by the appeal, and must be obeyed in the meantime (Canon 1340). PREACHERS FROM OTHER DIOCESES 1357. Priests of another diocese, whether secular or religious, shall not be invited to preach until permission has been obtained from the bishop of the place where the sermon is to be given. Unless the preacher is otherwise known to him, the bishop shall not give him the faculty to preach until he has received from his proper Ordinary a good testimonial concerning his knowledge, piety, and good character. The Ordinary giving the testimonial is bound by a grave obligation of conscience to send a truthful statement. A timely request for the above-mentioned permission must be made by the pastor in the case of a parochial or other church subject to the pastor; by the rector, if the church is exempt from the pastor’s jurisdiction; by the first dignitary of the chapter with the consent of the chapter in the case of a eapitular church ; by the director or chaplain in the case of a church or chapel of a confraternity. If a parochial church is simultaneously a capitular or confraternity church, the priest who by law per- forms the sacred functions shall apply for the permission (Canon 1341). 104 A PRACTICAL COMMENTARY PRIESTS AND DEACONS ONLY May Br GRANTED LEAVE TO PREACH 1358. The faculty or license to preach should be given only to priests or deacons, but not to other clerics, unless for a reason- able cause the bishop sees fit to grant it in individual cases. All laymen, even religious, are forbidden to preach in church (Canon 1542). That women may not preach in church, we learn by ordinance of St. Paul (I Cor., xiv. 34-85; I Tim. ii. 11-12). Pope St. Leo I ruled that nobody except the priest of the Lord, whether he be monk or layman, be allowed to preach.® The same prohibi- tion is repeated in the Decretals.° That deacons may preach 1s clearly declared in the ordination rite of the deacons, as pre- scribed by the Pontificale Romanum. The Decretum Gratians speaks of the right of the deacon to preach,** and it seems that, ever since the first appointment of deacons, they exercised the ministry of the Divine Word, as we read of the deacons, Sts. Stephen and Philip. 1359. Local Ordinaries have the right to preach in any church within their own territory, not excluding exempt churches. Un- less the city is very large, the bishop may forbid sermons to the people in other churches of the city at the time when either he himself preaches, or has a sermon preached in his presence on some public and extraordinary occasion (Canon 1343). PREACHING ON SUNDAYS AND HOLYDAYS OF OBLIGATION 1360. On Sundays and other holydays of obligation through- out the year it is the duty of the pastor to preach the Word of God to the people in the customary homily, especially during that Holy Mass at which the attendance of the people is usually more numerous. The pastor cannot satisfy this obligation habitually through another priest, unless he has a just excuse approved by the Ordinary. The Ordinary may allow the omis- sion of the sermon on certain of the more solemn feasts, and for a good reason also on some Sundays (Canon 1344). The Code insists that on Sundays and holydays of obligation a sermon be preached to the people. The custom in many 9 Decretum Gratiani, e. 19, C. XVI, qu. 1. 10 Decretal. Greg. IX, ec. 12 and 14, De heretics, lib, V, tit. 7. 24:6: 714D425," and ia, Ds 92: CANONS 13842-1346 105 parishes of having no preaching at all during the summer months violates the positive law of the Church, and is a breach of the natural obligation which binds priests, charged with the care of souls, to instruct the people in the faith and Christian life. Though the Code speaks of one sermon only, it is evident that this is insufficient in parishes where no regular instruction in religion is given except at the Mass on Sundays and holydays, as we remarked in commenting on Canon 1332. 1361. It is to be desired that in all churches and public ora- tories, where people assist at Holy Mass on Sundays and holydays of obligation, a short explanation of the holy Gospel or of some point of Christian doctrine be given to the people. If the local Ordinary has given orders concerning this matter, they must be obeyed, not only by the secular clergy but also by non-exempt and exempt religious, even in their own churches (Canon 1345). PREACHING IN LENT AND ADVENT 1362. Local Ordinaries shall take care that during the Lenten season—and also during Advent, if they judge it useful—more frequent. sermons are given in the cathedral and parochial churches. Unless they are detained elsewhere for a legitimate reason, the canons and others belonging to the Cathedral Chap- ter are bound to be present at these sermons, if they are held immediately after the choir services, and the Ordinary can oblige them to be present, even by imposing penalties (Canon 1346). It is the custom in many parishes in the United States to have Lenten services on two evenings every week in Lent: on one evening a sermon is preached, and on the other the Way of the Cross is usually made by priest and people. The Code apparently alludes to the daily Lenten sermon customary in the churches of Rome, but does not prescribe anything definite in the matter, leaving it to the bishop of the diocese to ordain what he judges appropriate. MANNER OF PREACHING 1363. In the sacred sermons should be explained above all the things which the faithful must believe and do to save their souls. The preachers of the Word of God must abstain from profane arguments and arguments too deep for the average understand- 106 A PRACTICAL COMMENTARY ing of their hearers, and shall execute the evangelical ministry, not with the persuasive words of human wisdom, nor with the profane display of a vain and ambitious eloquence, but in ‘‘the shewing of the spirit and the power’’ of God, preaching not themselves but Christ crucified. If it should unfortunately hap- pen that a preacher disseminates errors and scandals, he shall be forbidden to preach, to hear confessions, or to exercise any office of teaching (as Canon 2317 provides); if his preaching is heretical, proceedings shall be instituted against him according to the rules of law (Canon 1347). The faithful are to be zeal- ously exhorted and admonished to attend the sermons frequently (Canon 1348). CHAPTER III OF SACRED MISSIONS 1364. Ordinaries shall see that the pastors arrange a mission for their parishioners at least once in ten years. The pastors, not excluding those of religious organizations, are bound to obey the local Ordinary’s regulations concerning these missions (Canon 1349). The mission with its systematic plan of sermons, instructions, plous exercises and prayers is a fairly recent development of religious activity in the Church. It lasts regularly for one week ; although missions lasting two weeks—one week for men and one for women—or even a longer time in very large parishes, are also common. St. Vincent Ferrer and St. Bernardine of Siena are generally considered the pioneers in this work. The fact is that, ever since the time of St. Dominic and St. Francis of Assisi, many Dominican and Franciscan Friars went as itinerary preachers throughout the countries of Europe, stirring up the faith and devotion of the Christian people. In the first half of the eighteenth century, St. Leonard of Port Maurice (died 1751) was one of the most forceful missionaries that the world has ever seen, and, by Apostolic Letter of March 17, 1923, Pope Pius XI declared him patron of the missions among Catholics.” 1365. Ordinaries and pastors should regard the non-Catholies living in their dioceses and parishes as their wards in Jesus 12 Acta Ap. Sedis, XV, 196. CANONS: 1347-1354 107 Christ. In other territories the entire eare for the missions among non-Catholics is reserved exclusively to the Holy See (Canon 1350). Nobody may be forced to embrace the Catholic faith against his will (Canon 1351). TITLE XXI OF SEMINARIES 1366. It is the proper and exclusive right of the Church to educate the men who desire to devote their lives to the ecclesias- tical ministry (Canon 1852). All priests, especially pastors, shall see that boys who show signs of ecclesiastical vocation, are carefully preserved from the contamination of the world. They shall train such youths in piety, give them elementary instruc- tions in the study of letters, and foster in them the seed of the divine vocation (Canon 1353). 1367. In every diocese the bishop shall erect in a suitable place a seminary in which, according to the resources and the requirements of the diocese, a certain number of young men may be educated for the clerical state. Every effort should be made, especially in large dioceses, to establish two seminaries—a minor seminary in which boys may study a literary course, and a major seminary for the study of philosophy and theology. If a diocesan seminary cannot be erected, or if in such a seminary a proper course in philosophy and theology cannot be given, the bishop should send the students to an outside seminary, unless an inter- diocesan or provincial seminary has been established with the authority of the Holy See (Canon 1354). 1368. In the United States the right of the Church to erect seminaries and educate seminarians has never been questioned. Full freedom is given to all religious denominations to manage their own affairs of religion, and, though the government cannot under its Constitution favor or aid any one religion in particular the value of religious training for the promotion of the general welfare of the country has been recognized. Therefore, the vari- ous states have exempted from taxation the buildings and prop- erty devoted to education, both secular and religious. On the other hand, the entire burden of financing private educational 108 A PRACTICAL COMMENTARY institutions (among which are reckoned all religious schools) is thrown on the respective Churches. In the United States the Catholics have more private schools than any other religious denomination, and it is estimated that about two million children receive their education in parochial schools, saving the country annually an expenditure of approximately one hundred and ninety million dollars. In some of the states where the Catholics are not very numerous, antagonists of religious education are try- ing hard to take away the right of Catholics and others to educate their children according to their faith, and are urging the passing of laws that would prohibit all private schools. Fortunately, the Supreme Court of the United States has unanimously decided that the prohibition of private schools would be an infringement on the liberty of our citizens. 1369. The Code admonishes pastors and all other priests to foster vocations for the priesthood in boys who show signs of the divine call. However, no undue influence should be used to impel a boy to study for the priesthood, for it must be his own free choice. On the other hand, parents and priests may not be indifferent to the signs of vocation by leaving such a boy unaided and without encouragement. SEMINARY TAX 1370. If there are no special funds for the building and main- tenance of the seminary, and the support of students, the bishop may: (1) order the pastors and rectors of churches (even the exempt ones) to take up at stated times a collection in their churches for that purpose ; (2) impose a seminary tax in his diocese; (3) if these means are not sufficient, he may annex some simple benefices to the seminary (Canon 1355). 1371. Liable for the seminary tax or assessment are the mensa episcopalis, all benefices (including those of regulars and those over which some one has the right of patronage), all parishes and quasi-parishes (though they have no other revenue than the offerings of the faithful), hospitals erected by ecclesiastical authority, sodalities canonically erected, church buildings that have their own revenue, and every religious house (though CANONS 13855-1356 109 exempt), unless the religious live solely on alms or have actually in their house a college for pupils or teachers for promoting the common welfare of the Church. All custom exempting from the payment of the seminary tax is disapproved, every contrary privi- lege whatsoever is abrogated, and no appeal will be entertained (Canon 1356, § 1). This assessment must be general, and the same rate must be levied on all churches and institutes subject to the tax: while it may be increased or diminished according to the needs of the seminary, the annual tax must not exceed 5 per cent of the income, and is to be lowered as the revenue of the seminary increases (Canon 1356, § 2). The taxable income is that which remains at the end of the year, after all obligations and necessary expenditures have been paid. In benefices in which the holders of the benefice receive daily distributions besides the regular revenue of their benefice, the daily distributions are not taxable; if the benefice consists only of daily distributions, one-third of the amount is exempt, from the tax. In parishes the offerings of the faithful are not taxable revenue of the parish, unless the parish has no other revenue than the offerings of the faithful, in which case one-third of the offerings is exempt (Canon 1356, § 3). 1872. In the United States the parishes have no income other than the offerings of the faithful, and in most parishes there is practically no surplus at the end of the year: whatever remains over and above the current expenditures, is usually needed to reduce the debt of the parish, or is put into a fund for the con- struction of some needed building. The cost of building material and construction work is so high that many thousands of dollars are needed nowadays to erect a complete parish plant of average size and in the plainest style. There is, therefore, in many parishes no taxable income in the sense of Canon 1356, § 3, for the reason that there is no real surplus. Nevertheless, the semi- nary must be taken care of, because it is essential to a diocese. Even in dioceses that have no seminary of their own but send their seminarians to other seminaries, funds are needed for the maintenance of these seminarians. Unfortunately, the parishes are in many instances taxed so severely that their own develop- ment is hindered, and a distressing burden is put on the pastor who is forced to make everlasting appeals for money. It is not unusual to find:that the tax imposed on the parishes for various 110 A PRACTICAL COMMENTARY diocesan needs amounts to fifteen per cent of the gross income of the parishes. As most of the parishes have debts to pay in addi- tion to current expenditures, a diocesan assessment of fifteen per cent of the gross receipts seems oppressive. ADMINISTRATION OF THE SEMINARY 1373. The bishop has the right to pass whatever regulations seem necessary or opportune for the proper administration, gov- ernment and progress of the diocesan seminary and to enforce the faithful observance of these regulations, subject to the pre- cepts which the Holy See may have laid down in special cases. The bishop shall frequently visit the seminary in person, shall supervise carefully the manner in which the secular and ecclesias- tical sciences are taught, and shall obtain full reports regarding the dispositions, vocation, character and educational progress of the students, especially at the time of sacred crdinations (Canon 1357, §§ 1-2). 1374. Every seminary shall have its own statutes, approved by the bishop. These regulations shall state what things are to be done and observed both by the students and by the professors. The entire government and administration of interdiocesan or provincial seminaries shall be based on the regulations passed by the Holy See for these seminaries (Canon 1357, §§ 3-4). 1375. In every seminary there must be a rector to maintain discipline, professors to conduct the classes, a bursar (@conomus) distinct from the rector, to take charge of the household adminis- tration, at least two ordinary confessors, and a spiritual director (Canon 1358). 1376. Two boards of deputies shall be appointed for each diocesan seminary—one for discipline and the other for the ad- ministration of the temporal goods. Each board is to consist of two priests chosen by the bishop, with the advice of the Chapter (or the diocesan consultors). The vicar-general, priests belong- ing to the bishop’s household, the rector of the seminary, the bursar, and the ordinary confessors, are excluded from both boards. The term of office of the members lasts for six years, and the men appointed shall not be removed without a serious cause; they may be re-appointed. The bishop is bound to consult the boards in affairs of importance (Canon 1359). To the offices of CANONS 1357-1362 111 rector, spiritual director, confessors, and professors of the seminary, shall be appointed men qualified for these offices, not only by their learning, but also by their virtue and discretion, so that in word and deed they may be an example for the students. As declared by Canon 891, the rector may not be confessor for the seminarians. In the execution of their offices, all must obey the rector of the seminary (Canon 1360). CONFESSORS OF THE SEMINARY 1877. Besides the ordinary confessors, other confessors should be appointed to whom the seminarians may freely go to confes- sion. If these confessors live outside the seminary, and a student requests the rector to call one of them to hear his confession, the rector is forbidden in any way to inquire into the reason, or to show displeasure. If the confessors live in the seminary, the seminarians may freely approach them, without prejudice to the discipline of the seminary. When the question of admitting a seminarian to orders or of dismissing him from the seminary is being considered, the vote of the confessor shall never be asked (Canon 1361). UsE oF LEGACIES FOR THE EDUCATION OF CLERICS 1378. The income derived from legacies left for the education of clerics may be used in favor of the students in the minor as well as in the major seminary, even though they are not as yet made clerics by reception of the tonsure, unless the terms under which the legacy was left to the seminary explicitly restricts the use of the money to clerics proper (Canon 1362). The Council of Trent desired that the bishop should receive boys into the minor seminary at an early age (the minimum being twelve years), if they showed signs of vocation to the priesthood. Poor boys were to be educated free of charge, while boys of wealthy parents were to pay for their board and tuition.’? The Code does not state anything explicitly about board and tuition, but from its general provisions regarding the defraying of the expenditures of the seminary it seems to imply that the students do not pay for board and tuition. In Canon 1362 the Supreme 13 Sessio XXIII, cap. 18, De Reform. 112 A PRACTICAL COMMENTARY Authority of the Church orders that last wills and bequests of any kind, made under the general form “‘for the education of cleries,’’ are to include ecclesiastical students who have not yet received the first tonsure. QUALIFICATIONS FOR ADMISSION TO A SEMINARY 1379. The Ordinary should receive into the seminary only boys who were born of legitimate wedlock, and whose character and good-will justify the hope that they will persevere and work with success in the ecclesiastical ministry. Before they are re- ceived, they must present testimonials of legitimate birth, of Bap- tism and Confirmation, and of good conduct and morals. Students who have been discharged from another seminary, or from some religious organization, shall not be admitted unless the bishop has first obtained information (in secret, if necessary) from the superiors and others about the reason for’their dismissal and testimonials as to their morals, dispositions, and talents, and has convinced himself that there is nothing in their character which -would be unbecoming to the sacerdotal state. Superiors, and others who are asked for information, are bound by a grave obli- gation of conscience to answer truthfully (Canon 1363) .** STUDIES IN SEMINARIES 1380. In the lower grades of the seminary : (1) religious instruction shall occupy the first place, and is to be most diligently given in a manner adapted to the age and intelligence of the students; (2) the students shall acquire an accurate knowledge-espe- cially of the Latin and vernacular languages; (3) in other branches of study such training shall be given as befits the general culture of the people and the status of the clergy in the place where they are to exercise the ministry (Canon 1364). 1381. The course of philosophy, together with other allied 14 A Decree of the Sacred Consistorial Cong., Dec. 22, 1905, absolutely forbade the bishops to receive a student dismissed from another seminary. The Code now allows the bishop to use his own judgment (cfr. Acta Ap. Sed., II, 106). CANONS 13863-1366 113 subjects, is to last at least two full years. The theological course must last at least four full years: besides dogmatic and moral theology, this course must embrace especially the study of Sacred Seripture, church history, canon law, the liturgy, sacred elo- quence, and ecclesiastical chant. Lectures shall be also given on pastoral theology, with practical exercises on the method of teaching catechism to children and others, hearing confessions, visiting the sick, and assisting the dying (Canon 1365). 1382. In the appointment of professors of philosophy, theol- ogy, and canon law, the bishop and seminary boards shall give preference, all other things being equal, to those who have re- ceived the degree of doctor from a university or a faculty recog- nized by the Holy See; or, in the ease of religious, to those who have a similar degree from their major superiors. Philosophy and theology shall be taught by the professors absolutely according to the method, doctrine and principles of the Angelic Doctor, which must be faithfully preserved. Care should be taken to have special professors at least for Sacred Scripture, dogmatic theology, moral theology, and church history (Canon 1366). 1883. The Church has not fixed a plan of studies for all the seminaries of the Christian world, because it is not possible to have one universally satisfactory schedule. The Church wisely leaves it to the bishop to arrange, with the advice of the seminary boards, the plan of studies for his own diocese: they know best what is necessary or useful. However, the Code does fix certain points regarding the studies in seminaries, and these must be complied with everywhere, in so far as circumstances make it possible. The documents of the Holy See regarding seminary studies include an urgent exhortation of Pope Benedict XV to study the Sacred Scriptures, saying that it must be the foremost study of priests and candidates for the priesthood.*® General directions concerning seminary studies are given in a letter of Pope Pius XI to the Cardinal Prefect of the Sacred Congregation of Seminaries and Universities: these are in the nature of a detailed explanation of the few fundamental points of the Code on these studies.7° As to church music, Pope Pius XI, by Motu Proprio of November 22, 1922, established a higher school of church musie at Rome for the purpose of training clerics and 15 September 15, 1920 (Acta Ap. Sedis, XII, 385). 16 August 1, 1922 (Acta Ap. Sedis, XIV, 449-458). 114 A PRACTICAL COMMENTARY laymen in correct church music, composition, and organ-play- bag! 1384. The Code demands at least four years of theological studies. If a dispensation is granted to ordain men before the time specified by the Code (viz., after the first semester of the fourth year), the condition attached to all such dispensations, past as well as future, is that the candidate must continue his studies after ordination until the end of the fourth year, and that he cannot before that time be employed to preach or hear confes- sions. The Deeree is given by the Sacred Congregation of Reli- gious and applies only to religious organizations.** Here may be mentioned the Letter of His Holiness, Pope Pius XI, to all religious organizations of men on the education of their students. It is not a document which ordains points of law but rather a paternal instruction of the Father of Christianity, and contains many useful and timely hints.*® One of the most far-reaching recent regulations affecting seminaries is the Motu Proprio of Pope Pius XI, which ordains that nobody shall be a professor of Sacred Scripture in semi- naries unless he has taken a special course in Sacred Scripture, and has legitimately obtained the academic degrees (or at least the baccalaureate) from the Biblical Commission or the Biblical Institute at Rome.”° RELIGIOUS EXERCISES OF SEMINARIANS 1385. The bishop shall see that the seminarians: (1) say daily their morning and night prayers in common, spend some time in meditation, and assist at Holy Mass; (2) go to confession at least once a week, and frequently receive Holy Communion with proper devotion ; (3) assist on Sundays and holydays of obligation at Solemn Mass and Vespers, serve at the altar and practise the sacred cere- monies, especially at the cathedral, if this, in the bishop’s judg- ment, can be done without detriment to discipline and studies; (4) make a retreat annually for several continuous days; (5) attend at least once a week an instruction on the spiritual 17 Acta Ap. Sedis, XIV, 623. 18 October 27, 1923 (Acta Ap. Sedis, XV, 549). 19 March 19, 1924 (Acta Ap. Sedis, XVI, 133-148). 20 April 27, 1924 (Acta Ap. Sedis, XVI, 180). CANONS 1367-1370 115 life, which should be closed with a pious exhortation (Canon 1367). EXEMPTION OF THE SEMINARY 1386. The seminary shall be exempt from parochial jurisdic- tion. The rector of the seminary or his delegate shall discharge the office of pastor for all persons in the seminary, except in con- nexion with marriage and subject to the precept of Canon 891. These rules concerning the exemption obtain in all seminaries, unless the Holy See has ruled otherwise for particular seminaries (Canon 1368). Canon 891 forbids the rector to hear the confessions of stu- dents living in the seminary, unless a student voluntarily asks him in some individual ease. DUTIES OF THE RECTOR OF THE SEMINARY 1387. The rector of the seminary and other officials under his authority shall see that the seminarians faithfully observe the statutes approved by the bishop and the plan of studies, and that they become imbued with a truly ecclesiastical spirit. The principles of true Christian politeness shall be frequently incul- cated, and the officials shall by their own example prompt the seminarians to cultivate these principles. The students shall be also urged to observe the laws of hygiene, and to cultivate cleanli- ness of dress and person, courtesy, moderation and gravity. The rector shall guard vigilantly that the professors attend properly to the duties of their office (Canon 1369). Whenever seminarians live outside the seminary for any rea- son, the precept of Canon 972 shall be observed (Canon 1370). Canon 972 demands that students, who for a legitimate reason live outside the seminary, shall be entrusted to the care and sur- veillance of a pious and capable priest. 1388. Disorderly, incorrigible, or seditious students, and those who because of their character or temperament do not seem suit- able candidates for the clerical state, shall be dismissed from the Seminary. Students who progress so slowly in their studies that there is not much hope that they will acquire sufficient learning, shall also be dismissed. If a seminarian should be guilty of an 116 A PRACTICAL COMMENTARY offense against good morals or the faith, he shall be summarily discharged (Canon 1371) .?* SEMINARIES IN CHARGE OF RELIGIOUS ORGANIZATIONS 1389. The bishop may entrust his diocesan sernmary to the care of some religious organization. As the common law does not contain any regulation regarding the agreement between the bishop and the religious organization, the respective rights of the bishop and the religious must be fixed by mutual agreement. If the contract drawn up between the two parties contravenes the laws of the Code on seminaries (if, for instance, the two diocesan boards presiding over discipline and finances are dispensed with), the permission of the Holy See is required for the agreement. By Brief of December 23, 1921, Pope Benedict XV granted to the Sulpician Fathers the privilege of accepting the charge of seminaries and exercising the independent administration of these institutions in temporal as well as in spiritual affairs, with- out the intervention of the diocesan boards. They shall, however, make a yearly report of the financial standing of the seminary to the bishop and two canons of the cathedral chapter.?? In the United States a few seminaries are conducted by religious or- ganizations for no diocese in particular, and any bishop who has no seminary of his own may send his seminarians to these institu- tions. While the management of these seminaries is entirely in the hands of the religious organization, the local Ordinary has in virtue of Canons 1381 and 1382 the right to watch over the teach- ing and moral conduct of such schools and to visit them for that purpose. | 21 A great deal of useful information for rectors and other officers of the seminary is to be found in Micheletti’s works on seminaries—notably ‘] eral principle saying, ‘‘nisi aliud expresse caveatur.’’: It seems that Canon 2281 explicitly modifies the general principle in the case of suspension of a cleric who holds an office or benefice in another diocese, for the following Canon repeats that the Ordi- nary of one diocese cannot suspend a cleric from an office or a benefice which such cleric holds in another diocese. A local Ordinary cannot suspend a cleric from a specified office or benefice that is located in a strange diocese, but the suspension late sententie, inflicted by the common law, affects all offices or benefices in whatever diocese they may be held by a cleric (Canon 2282). 9194. What is said concerning excommunication in Canon 9°65 is to be applied also to suspension (Canon 2283 ) . Commentators disagree as to what suspension is declared in Canon 2283 to entail all the penalties of Canon 2265. It is reasonable to interpret the term suspension in the sense of a general suspension; such a suspension alone forbids the exer- cise of orders and jurisdiction, of office and benefice, and, having thus all the combined effects of the various partial sus- pensions, is for that reason the most severe kind of suspension. Canon 2283 cannot mean to say that the deprivations of Canon 2265 follow the partial suspensions, for the consequences of the partial suspensions are individually enumerated in Canons 2279-— 2281, which would be quite superfiuous, if the partial suspen- sions entailed the same deprivations of Canon 2265.% 9125. When one has incurred a censure of suspension which forbids the administration of the Sacraments and sacramentals, the precepts of Canon 2261 apply; when a censure of suspension has been incurred which forbids an act of jurisdiction either in the internal or the external forum (e.g., sacramental absolu- tion), the act is invalid, if a condemnatory or declaratory sen- tence has been issued, or if the superior has explicitly declared that he revokes the jurisdiction itself; otherwise it is merely illicit, unless performed at the request of the faithful in aecord- ance with Canon 2261, §2 (Canon 2284). A suspension which forbids the administration of the Sacra- ments and sacramentals (e.g., a general suspension or a sus- pension ab officio, a divinis, ab ordinibus) has the consequences of Canon 2261. If a suspension forbids an act of jurisdiction 42 Augustine, ‘‘Commentary,’’ VIII, 229-241. CANONS 2282-2285 453 (e.g., a general suspension, a suspension ab officio, a jurisdic- tione), the acts of jurisdiction forbidden to the suspended cleric may be either invalid or illicit in accordance with the rule of Canon 2284. If the exercise of jurisdiction is not invalidated by the suspension, its exercise becomes licit under the cirecum- stances specified in Canon 2261, § 2. The reception of the Sacraments is not forbidden to the cleric who has incurred a general or a partial suspension, pro- vided he is truly contrite for the offense for which he has been punished with suspension, even though the censure or penalty is reserved so that the confessor cannot absolve him from the suspension. Canon 2250 states that, when there is question of a censure which does not forbid the reception of the Sacraments, the person can be absolved from the sin, though the censure remains. SUSPENSION OF A COMMUNITY OR COLLEGE 2126. If a community or college of clerics has committed an offense, suspension may be inflicted either on the guilty indi- viduals, or on the community as such, or on both the guilty individuals and the community. If it is inflicted on the guilty individuals, the precepts of this Article (Canons 2278 sqq.) shall apply; if the community as such is punished with sus- pension, the community is forbidden the exercise of the spiritual rights which pertain to it as a community; if both the guilty individuals and the community as such are suspended, the sus- pension has both the effects just specified (Canon 2285). Excommunication may be inflicted on physical persons only, not on a moral person or body of men (cfr. Canon 2255, § 2) ; on the other hand, an interdict and suspension may be incurred by a community or body of men. As to the consequences of a suspension pronounced against or incurred by a community or college, and especially with reference to the innocent members of such body, efr. above on Canons 2274, 2276, 454 A PRACTICAL COMMENTARY TITLE IX OF VINDICATIVE PENALTIES 2127. Vindicative penalties are those which tend directly towards the expiation of an offense, so that their remission does not depend on the cessation of the contumacy of the offender (Canon 2286). The censures are medicinal or corrective penalties, which must be pardoned by the competent authority when the offender with proper disposition asks for absolution, because these pen- alties have then attained their purpose—the amendment of the offender. Vindicative (or punitive) penalties are, as the very name suggests, intended primarily for the expiation of the vio- lation of law and order, and only secondarily for the correction or amendment of the offender. Vindicative penalties are, as a rule, inflicted for a definite length of time (e.g., suspension from orders, jurisdiction, etc., for one year, a suspension or other penalty ad beneplacitum nostrum, i.e., for so long as the superior who inflicts the penalty wants it to remain); a perpetual pen- alty is likewise a vindicative penalty, not a censure. 2128. From vindicative penalties which have been inflicted the offender has the right of appeal or recourse 7 suspensivo, unless the contrary is explicitly stated in law (Canon 2287). The appeal or recourse in suspensivo holds the penalty in abeyance, and leaves it to the higher superior to impose the penalty, or to remit it, or to modify it. The right of appeal has reference to vindicative penalties imposed by sentence of the ecclesiastical court; the right of recourse has reference to the vindicative penalties imposed by particular decree or pre- cept of the ecclesiastical superior. From vindicative penalties late sententie inflicted by either the common or the particular law there is no appeal or recourse, because they take effect immediately on the violation of the law to which such a penalty is attached. It may be noted that the Code allows appeal or recourse in suspensivo against a sentence, decree, or precept, which inflicts a vindicative penalty, while it does not permit such appeal or recourse against a sentence, decree or precept imposing a censure (cfr. Canon 2243). 2129. Except in cases of penalties of degradation, deposi- CANONS 2286-2289 455 tion, and deprivation of office or benefice, and unless there is urgent reason for repairing a scandal, it is left to the discretion of the judge to suspend the execution of an ordinary penalty inflicted by a condemnatory Sentence, if the offender after a laudable life has failed for the first time; but he may suspend the execution of the sentence only under condition that, if the guilty person within the next three years commits another of- fense either of the same or of a different kind, he shall be liable to the penalty of both offenses (Canon 2288). Note that the Code grants power to the ecclesiastical judge to suspend the execution of a vindicative penalty inflicted by a condemnatory sentence. The condemnatory sentence supposes that the law or precept threatens the offender with a penalty, that the offender has actually violated the law, and that the ecclesiastical court has found “him guilty and condemned him to the penalty (cfr. Canon 2223, §§ 1-3, on the powers of the judge in such eases). If the law itself imposes the penalty on the very violation of the law (late sententic penalties), the penalty is incurred automatically (cfr. Canon 2232), and Canon 2223, § 4, leaves it to the discretion of the ecclesiastical superior whether he wishes to issue the declaratory sentence, obliging him only in certain cases specified in this Canon to issue the sentence. Canon 2232 defines the effects of the declaratory sentence. 2130. The vindicative penalty ceases on its expilation or its dispensation granted by him who has, in accordance with Canon 2236, legitimate authority to dispense (Canon 2289). Canon 2236 rules that the dispensation from vindicative penalties can be granted by him who inflicted it, or by his competent superior or successor, or by a person to whom this faculty is committed by the aforesaid authorities, 2131. In more urgent occult eases, if by the observance of a vindicative penalty late sententie (cfr. Canon 2217 ne Tige?)} the guilty person would betray himself with resulting infamy and scandal, any confessor may in the sacramental forum SUs- pend the obligation of observing the penalty under the following conditions: the confessor shall enjoin on the offender the burden to have recourse to the Sacred Penitentiary, or to the bishop who has the faculty to dispense, if the recourse can be taken without grave inconvenience; the petition is to be made by letter 456 A PRACTICAL COMMENTARY and through the confessor within at least one month; the name | of the offender shall be concealed; the orders of the superior to whom recourse is made must be obeyed. If in some extraor- dinary case this recourse is impossible, the confessor himself can grant the dispensation in accordance with Canon 2254, §3 (Canon 2290). Canon 2232 states that a penalty hate: sententie, whether medicinal or vindicative, is incurred immediately on the trans- eression of the law, and obliges the culprit to observe the penalty in both the external and the internal forum; but, whenever the offender has incurred the penalty by a violation of the law that wag not notorious, and he cannot submit to the penalty without defaming himself, he is not obliged to observe the penalty in the external forum until a declaratory sentence has been issued against him, or his offense has become notorious. Why does Canon 2290 rule that the confessor is to grant the suspension of the penalty? There is no doubt that the benefit of Canon 9932, can be enjoyed without the intervention of the confessor, but the submission of the case to the confessor gives the offender additional benefits not enjoyed under Canon 2232, for he is freed from the penalty for the time being to such an extent that he is excused from its observance, not only in the external but also in the internal forum, and can exercise the acts which would otherwise be forbidden to him by the penalty, not only in cases where the omission of these acts would betray his of- fense to the public, but also in other cases where there is no danger of betraying himseltf.** CHAPTER I OF COMMON VINDICATIVE PENALTIES 2132. The vindicative penalties which may according to the eravity of the offenses be inflicted on all the faithful (1e., clerics and laymen), are chiefly the following: (1) local interdict and interdict on a community or college imposed forever, or for a specified length of time, or ad bene- placitum superioris (as long as the superior wills) ; 48 Vermeersch-Creusen, ‘‘Epitome,’’ III, n. 491. CANONS 2290-2203 457 (2) interdict from entering a church imposed forever, or for a specified length of time, or ad beneplacitum superioris; (3) penal transfer or suppression of a bishopric or a parish ; (4) infamy of law; (5) deprivation of ecclesiastical burial, in accordance with the rule of Canon 1240, §1; (6) deprivation of the sacramentals; (7) deprivation or temporary suspension (ad tempus) of a pension which is paid by the Church or from ecclesiastical goods, or deprivation of any other ecclesiastical right or privilege; (8) prohibition to exercise legal ecclesiastical acts (cfr. Canon 2256, n. 2) ; (9) disqualification to obtain ecclesiastical favors or posi- tions in the Church which do not demand the clerical state, or to acquire academic degrees conferred by ecclesiastical authority ; (10) deprivation of or temporary suspension from a position, faculty or favor already obtained; (11) deprivation of the right of precedence, of an active and passive vote, or of the right to use honorary titles, dis- tinetive dress, or insignia which the Church has conceded; (12) pecuniary fines (Canon 2291). 2133. The penal suppression or transfer of an episcopal see is reserved to the Roman Pontiff; the transfer of a parish can- not be decreed by the local Ordinaries except after consultation with the Chapter—or diocesan consultors (Canon 2292). 2134. Infamy is divided into infamy of law and infamy of fact. Infamy of law is that which is declared in the cases fixed by the common law. Infamy of fact is contracted when, through the commission of an offense or bad eonduct, one has lost good repute with righteous and serious Catholics; the judg- ment as to whether infamy of fact exists in a given case is vested in the Ordinary. Neither infamy affects the blood-rela- tions or relations by marriage of the offender, without prejudice to the law of Canon 2147, § 2, n. 3 (Canon 2293). The Canon re- ferred to rules that an irremovable pastor may be deprived of his parish for keeping in his house servants or blood-relations of disreputable character, if he has thereby lost the respect of his parishioners. 2135. A person who has incurred infamy of law is not only irregular, as declared by Canon 984, n. 5, but in addition he is 458 A PRACTICAL COMMENTARY incapacitated from obtaining ecclesiastical benefices, pensions, offices and dignities, from performing legal ecclesiastical acts, from discharging any ecclesiastical right or duty, and must be restrained from the exercise of sacred functions of the ministry (Canon 2294, § 1). A person who has incurred infamy of fact must be restrained not only from the reception of orders (in accordance with Canon 987, n. 7), from dignities, benefices, and offices of the Church, but also from the exercise of the sacred ministry and from legal ecclesiastical acts (Canon 2294, § 2). There is a great difference between the consequences of the infamy of law and the infamy of fact. If it is an infamy of law, the person who incurred this penalty cannot validly obtain ecclesiastical benefices, pensions, offices and dignities, nor can he validly exercise the rights connected with the same, nor per- form a valid legal ecclesiastical act. If it is infamy of fact, the obtaining of ecclesiastical benefices, offices, etc., as well as their exercise, are illicit but valid. Because of the grave conse- quences of infamy of law, the Code rules that it can be decreed by the common law only, and the cases in which the law imposes the penalty of infamy of law are easily discernible, for the Code invariably uses the same term ‘‘infamia juris”? (infames). The Code imposes this penalty either in the form of a penalty late sententic (e.g., in Canon 2320: ‘‘est ipso facto infamis’’), or as a penalty ferenda sententie (e.g., in Canon 2314, §1, n. 2: ‘“in- fames declarentur’’). The infamy of law ferende@ sententie does not entail the consequences of Canon 2294, § 1, until after the issuance of the condemnatory sentence, as is evident from the general principles of ecclesiastical penalties. 2136. Infamy of law ceases only on dispensation granted by the Apostolic See. Infamy of fact ceases when the Ordinary, after considering all the circumstances and especially the pro- longed amendment of the guilty party, shall prudently judge that the person has regained good repute with righteous and serious Catholics (Canon 2295). The prolonged amendment (diuturna emendatio) very likely means laudable conduct for three years, as in the case spoken of in Canon 672. 2137. If there is question of acquiring things for which the common law ordains rules of capability, the penalty of dis- qualification can be inflicted by the Apostolic See alone. Rights CANONS 2294-2297 459 acquired previous to the incurring of a disqualification are not lost thereby, unless the penalty of deprivation is added to the penalty of disqualification (Canon 2296). The exercise of acquired rights may be rendered invalid or illicit by incurring a disqualification (e.g., the infamy of law or of fact, cfr. Canon 2294), but the right itself is not taken away, unless the law or sentence explicitly states the additional penalty of deprivation of benefices, offices, ete. Consequently, when the penalty of disqualification ceases by expiation or by dispensation, the use and enjoyment of the former rights revive. 2138. Pecuniary fines inflicted by the common law without specifying the purpose for which these fines are to be applied, and pecuniary fines imposed or to be hereafter imposed by par- ticular law, must be employed by the local Ordinaries for pious purposes, and may not be used for the benefit of the mensa episcopalis or capitularis—i.e., neither for the maintenance of the bishop’s household nor for that of the Cathedral Chapter (Canon 2297). CHAPTER II OF VINDICATIVE PENALTIES SPECIAL TO THE CLERGY 2139. The vindicative penalties which are imposed on clerics exclusively are the following: (1) prohibition to exercise the sacred ministry except in a certain church; (2) suspension for ever, or for a definite length of time, or ad beneplacittum Superioris ; (3) penal transfer from an office or benefice to an inferior one ; (4) deprivation of some right connected with a benefice or office ; (5) disqualification for all or some dignities, offices, bene- fices and other functions proper to the clergy; (6) penal deprivation of a benefice or office with or without a pension ; (7) prohibition to stay in a certain place or territory ; (8) precept to stay in a certain place or territory; (9) temporary deprivation of the ecclesiastical garb; 460 A PRACTICAL COMMENTARY (10) deposition ; (11) perpetual deprivation of the ecclesiastical garb ; (12) degradation (Canon 2298) . 9140. If a cleric obtains an irremovable benefice, he cannot be deprived of it as a penalty except in the cases stated ex- pressly in law; if he has a removable benefice, he can be deprived of it also for other reasonable causes. Clerics who hold bene- fices, offices, or dignities, may for a fixed space of time be pro- hibited from the exercise of some ministry connected with them (e.g., the ministry of preaching, hearing of confessions, etc.). A cleric cannot be deprived of the benefice or pension under the title of which he was ordained, unless other provision is made for his respectable maintenance, without prejudice to the precepts of Canons 2303-2304 (Canon 2299). -The Canons re- ferred to deal specifically with the provision for maintenance of a cleric who has been deposed. Canons 2147-2167 deal with the removal of irremovable and removable pastors. 9141. If a cleric gives grave scandal, and after being admon- ished, does not amend, and if the scandal cannot otherwise be stopped, he may meanwhile be deprived of the right to wear the ecclesiastical garb, which deprivation entails for the time of its duration the prohibition to exercise any ecclesiastical min- istry and the deprivation of the clerical privileges (Canon 2300). 9142. The Ordinary may not command a cleric to stay im a certain place outside the territory of his diocese, unless the Ordinary of that place has consented, or unless there is question of sending a cleric to a house of penance or correction which ig intended not only for the clerics of the particular diocese but also for outsiders, or unless there is question of an exempt religious house, and with the consent of its superior (Canon 2301). Since the jurisdiction of each local Ordinary is eonfined to the limits of his diocese, he may not order a cleric to leave his diocese and stay in a certain place in the diocese or territory of another local Ordinary unless the latter consents, or has given a general consent by allowing the erection of a house destined for the reception of priests generally for the purpose of doing penance and amending their lives. 9143. The command or the prohibition to stay in some cer- CANONS 2298-2305 461 tain place, and confinement in a house of correction or in a religious house, especially for a protracted period, shall be im- posed only in serious cases, where according to the conscientious judgment of the Ordinary these penances are necessary for the amendment of the cleric or the reparation of scandal (Canon 2302). 2144. Deposition, while leaving intact the obligations arising from orders and the clerical privileges, implies both suspension from office and disqualification to obtain or discharge any of- fices, dignities, benefices, pensions, or positions in the Church, and in addition deprivation of offices, benefices, ete., which the guilty cleric actually has, even though he was ordained under the title of such benefice, pension, ete. (Canon 2303, §1). If a cleric is by deposition deprived of a benefice or pension under the title of which he was ordained and the cleric is truly in need of aid after loss of such benefice or pension, the Ordi- nary shall charitably provide for him in the best possible man- ner lest he be forced to go begging and bring dishonor on the clerical state (Canon 2303, § 2). The penalty of deposition may be inflicted only in the cases specified in law (Canon 2303, § 3). 2145. If a deposed cleric does not show any signs of amend- ment, and especially if he persists in giving scandal and does not heed advice, the Ordinary may deprive him for ever of the right to wear the ecclesiastical garb (Canon 2304, Oks) This deprivation entails the deprivation of the clerical privi- leges and the cessation of the precept of Canon 2303, § 2—.e., to provide charitable maintenance (Canon 2304, § 2). 2146. Degradation includes deposition, perpetual deprivation of the ecclesiastical garb, and reduction to the state of the laity. This penalty may be imposed only for an offense which is visited with degradation in law, or if the cleric has already been deposed and deprived of the ecclesiastical garb, and still con- tinues for a year to give grave scandal. The degradation may be: (1) verbal or by edict, which is inflicted by a mere sen- tence, but has immediately all its juridical consequences without any execution; (2) real, if the solemnities prescribed by the Roman Pontifical are observed (Canon 2305). The distinction between deposition and degradation is clearly defined in the foregoing Canons. Both penalties have this in — 462 A PRACTICAL COMMENTARY common, that they may be inflicted only for offenses punished with these penalties by the law of the Code. Before the promul- gation of the Code, it was the common opinion of canonists that no authority inferior to the Holy See could decree deposi- tion or degradation against an offending subject, except for offenses to which the common law of the Church attached these penalties, and the Code explicitly confirms that opinion.** The distinetion between deposition and degradation was already stated in the law of the Deeretals.*® On trials for inflicting depo- sition, efr. Canon 1576. TITLE X OF PENAL REMEDIES AND PENANCES CHAPTER I OF PENAL REMEDIES 9147. Penal remedies are: (1) admonition; (2) rebuke; (3) precept; (4) surveillance (Canon 2306). The penal remedies are preventative measures to avert the lapse into grave offenses. The very fact that they are called penal remedies, supposes that the conduct of the individual to whom the remedies are to be applied is blameworthy. 2148. When a person stands in the proximate occasion of committing an offense, or when an investigation has created a grave suspicion that he has committed an offense, he shall be admonished by the Ordinary either in person or through an- other appointed for that purpose (Canon 2307). 2149. If scandal or grave disturbance of order arises from the conduct of a person, he is to be rebuked by the Ordinary either in person or through another, or even by letter, and the rebuke should be accommodated to the peculiar conditions of the person and the fact about which there 1s question (Canon 2308). 9150. The admonition as well as the rebuke may be either public or secret (Canon 2309, § 1). 44 Sole, ‘‘De Delictis et Poenis,’’ n. 292; Ayrinhac, ‘‘Penal Legisla- tion,’’? nn. 168-175. 45 Decretales Greg. IX, ¢. 27, De verborum significatione, lib. V, tit. 40. CANONS 2306-2311 463 Public admonition or rebuke is to be made cither in the presence of a notary or two witnesses, or by letter in such a manner that there is documentary proof of the reception of the letter and of the contents of the same (Canon 2309, § 2). Public rebuke may be administered only to an offender who has been convicted of, or has confessed the offense. It is ealled a judicial rebuke, if administered by a judge sitting in court or by the Ordinary before a criminal trial (Canon 2309, § 3) Judicial rebuke either takes the place of the penalty, or is given to increase the penalty, especially when there is question of relapse (Canon 2309, § 4). On the rules governing judicial rebuke, cfr. Canons 1947-1953. Even though admonition and rebuke are given secretly, some documentary evidence of their administration must be kept in the secret archives of the Curia (Canon 2309, § 5). Both admonition and rebuke may be given once or repeat- edly, at the discretion of the superior (Canon 2309, § G). 2151. If the admonitions and rebukes have brought no re- sults, or if no favorable results can be anticipated, the precept or command is to be given by which the individual is to be told in detail what he shall do or what he shall avoid, a penalty being threatened in case of transgression of the precept (Canon 2510). 2152. If the gravity of the case demands, and especially if the person in question stands in danger of relapse into the same offense, the Ordinary shall subject him to surveillance. Sur- veillance may be prescribed also for the purpose of increasing the penalty, especially in case of relapse (Canon 2311). CHAPTER IT OF PENANCES 2153. Penances are imposed in the external forum to furnish the offenders with an opportunity of escaping the legal penalty of their offenses, or of obtaining absolution or dispensation from a penalty which they have already contracted. For an occult offense or transgression public penance is never imposed. Pen- ances are to be imposed, not so much in proportion to the gravity of the offense, but rather in proportion to the contrition 464. A PRACTICAL COMMENTARY of the offender, after the conditions of persons and the cireum- stances of the offenses have been taken into consideration (Canon 2312). Canon 1947 rules that, if an offender is summoned to court and confesses his offense, the judge may administer rebuke and impose penances instead of the penalty of law, except in the cases enumerated in Canon 1948. Canon 1952 states that: these penances should be more lenient than the penalty would have been, if the criminal trial had proceeded to a sentence. Pen- ances are also imposed when a person, who has incurred a canonical penalty, truly repents and asks for absolution from a censure, or dispensation from a vindicative penalty. 9154. The principal penaneces are: (1) the recital of specified prayers ; (2) pious pilgrimages or other works of piety; (3) special fasts; (4) almsgiving for pious purposes ; (5) retreat or spiritual exercises for some days in a pious or religious house ; The Ordinary may at his discretion impose penances, to- gether with the penal admonition or rebuke (Canon 2313). PART THREE OF PENALTIES AGAINST INDIVIDUAL OFFENSES TITLE XI OF OFFENSES AGAINST THE FAITH AND UNITY OF THE CHURCH 2155. All apostates from the Christian faith and each and every heretic or schismatic incur the following penalties: (1) tpso facto excommunication ; (2) if they have been admonished and do not repent, they shall be deprived of any benefice, dignity, pension, office or other position which they may hold in the Church; they shall be declared infamous, and, if they are clerics, they shall after renewed admonition be deposed; (3) if they have joined a non-Catholic sect or have publicly adhered to it, they incur infamy wpso facto, and, if they are clerics and the admonition to repent has been fruitless, they shall be degraded. Canon 188, n. 4, provides, moreover, that the cleric who publicly abandons the Catholic faith loses every ecclesiastical office ipso facto and without any declaration (Canon 2314, § 1). Absolution in the internal forum from the excommunication mentioned in the preceding paragraph is reserved in a special manner to the Apostolic See. If, however, the offense of apos- tasy, heresy or schism has in any way been brought to the external forum of the local Ordinary, even by voluntary con- fession, the Ordinary—but not the vicar-general, unless he has a special mandate—can absolve the repentant sinner in the ex- ternal forum by his ordinary authority, after the juridical abjuration has been made, and the other conditions demanded in law have been fulfilled. When he has been thus absolved from the censure, the offender may then be absolved from the 465 466 A PRACTICAL COMMENTARY sin in the internal forum by any confessor. The abjuration is made in juridical form, when it takes place in the presence of the local Ordinary or his delegate and at least two witnesses (Canon 2314, § 2). 9156. The definition of apostasy, heresy and schism is given in Canon 1325, §2. As to heresy, it may be noted that formal heresy only is punished in Canon 2314; wherefore, as Cerato remarks,*® persons who were born and educated in an heretical sect, and never knew the true Faith, cannot be said to have stubbornly denied or rejected the Catholic Faith, and thus do not incur the penalties of Canon 2314. Nevertheless, in the external forum, they are not free from the penalties of Canon 9314, for, in accordance with Canon 2200, when there is the external violation of a law of the Church, malice is presumed in the external forum until its absence has been proved. The Holy See has insisted that converts from heretical or schismatic sects shall not be received into the Chureh, until they have abjured heresy or schism and been absolved from the censure.” It children become converts before they have attained the age of puberty, they need no absolution from the excommunication (cfr. Canon 2230), and make—instead of the abjuration—simply the profession of faith.® 9157. The local Ordinaries are empowered by Canon 2314, § 2, to grant absolution from the excommunication under certain conditions laid down in the Canon. The Ordinary can delegate priests in his territory (even by a general delegation) to wit- ness in the presence of two witnesses the juridical abjuration and to absolve in the external forum: any confessor may then hear the confessions of the heretics or schismatics, and absolve them. In the United States the bishops usually delegate the priests who receive converts into the Church to witness the abjuration and to absolve from the censure. 9158. Canonists discuss the question whether the local Ordi- naries have the power to absolve from the other penalties which (besides the excommunication) are inflicted on heresy, apostasy and schism, by Canon 2814, $1. If these offenses are public, the Ordinary cannot absolve from the infamy of law which is 46 Censure vigentes (2nd ed.), n. 68. 47 Instr. of Sacred Cong. of the Propaganda, July 20, 1859 (Collect. de P. F., I, n. 1178). 48 Holy Office, March 8, 1882 (Collect. de P. F., I, n. 1566). CANONS 2314-2316 467 incurred by those who join a non-Catholic sect or publicly adhere to it (efr. Canon 2237, §1, n. 3). If the offenses are occult, the guilty persons do not incur apso facto any penalty exeept the excommunication. The new faculties given by the Sacred Penitentiary to the local Ordinaries of the United States grant power to absolve from all censures and other ecclesiastical pen- alties ineurred by heresy. The Ordinary may habitually dele- gate this faculty to the Canon Penitentiary and to vicars-forane (deans) ; for a certain length of time to be fixed at the Ordi- hary’s discretion he may delegate this faculty to some other confessors, and, when the faculty is requested in individual cases, he may delegate any confessor. SUSPICION or HERESY 2159. A person who is suspected of heresy, and who after admonition has not removed the cause for suspicion, shall be forbidden to exercise legal ecclesiastical acts; if he is a cleric, and after repeated admonition has not removed the cause for suspicion, he shall be suspended a divinis. Tf a person suspected of heresy has been punished with the penalties here stated, and does not amend within six months after their imposition, he shall be considered as a heretic and be able to the penalties for heresy (Canon 2315). | A person who of his own accord and knowingly helps in any manner to propagate heresy, or who communicates in sacred rites (in divinis) with heretics in violation of the prohibition of Canon 1258, incurs suspicion of heresy (Canon 2316). 2160. Under the Constitution ‘‘Apostolice Sedis’’ of Pope Pius IX, October 12, 1869, in which an official list of common law censures was promulgated, some of the offenses of Canons 2315-2316 were punished with the same penalties as the erime of heresy itself. The Code is more lenient, since it makes various acts of cooperation in heresy a distinct offense called ‘“suspicion of heresy.’’ Various Canons state the acts which constitute the offense of suspicion of heresy: Canons 2316 (cooperation in sacred rites with heretics, propagation of heresy), 2319 (agree- ment to educate one’s children as non-Catholies, procuring their baptism or education outside the Catholic faith), 2320 (saeri- legious abuse of the Holy Eucharist), 2382 (appeal from Decree 468 A PRACTICAL COMMENTARY of the Roman Pontiff to an Ccumenical Council), 2340 (stub- born perseverance in excommunication for one year), 2371 (re- ception of orders through simony, ordaining or administering other Sacraments through simony). Participation in heretical sacred rites and assistance given to non-Catholic denominations which may directly or indirectly help to advance the cause of their religion is discussed under Canon 1258 (cfr. n. 1284) ; the other cases of suspicion of heresy will be discussed under the respective Canons. DEFENDING CONDEMNED DOCTRINES 9161. Persons who stubbornly teach or defend, either pub- licly or privately, a doctrine which has been condemned by the Apostolic See or by an Ccumenical Council, not however as formally heretical, shall be barred from the ministry of preach- ing the Word of God and of hearing sacramental confessions, and from every office of teaching, without prejudice to other penalties which the sentence of condemnation of the doctrine may perhaps have decreed, or the penalties which the Ordinary, after admonition, may judge necessary to impose for the repara- tion of the scandal (Canon 2317). The Constitution ‘‘ Apostolic Sedis’’ stated that, when the Apostolic See had condemned a proposition under penalty of ipso facto excommunication, it was reserved simpliciter to the Roman Pontiff. The Code punishes the teaching of condemned propositions with penalties ferende sententie. By the term ‘“ Apostolic See’’ is to be understood also the Holy Office or any other Sacred Congregation, Office, ete., of the Roman Curia, through which the Holy Father is accustomed to transact the affairs of the Universal Church (cfr. Canon 7). The Holy Office is particularly authorized by the Code (cfr. Canon 247) to watch over doctrines affecting faith and morals. Canon 9317 speaks of teaching or defending condemned doctrines which have not been pronounced as formally heretical, for, if a doctrine has been pronounced formal heresy, one becomes a heretic by teaching or defending that doctrine, and incurs the penalties which Canon 2314 inflicts on heresy. A very comprehensive list of propositions condemned by the Holy See is given in CANONS 2317-2318 469 Denziger’s ‘‘Enchiridion Symbolorum et Definitionum de Rebus Fidei et Morum.”’ PENALTIES IN REFERENCE To FORBIDDEN Books 2162. An excommunication reserved to the Apostolic Sce in a special manner (speciali modo) is incurred ipso facto by the publishers at the moment of publication of books written by apostates, heretics and schismatics in defence of apostasy, heresy or schism; also by persons who defend or knowingly read or retain (in their possession) without due permission the above- mentioned books and others which have been by name forbidden by Apostolic Letters (Canon 2318, § 1). Authors and publishers who without the proper permission procure the printing of books of the Sacred Scriptures or anno- tations or commentaries on the same, incur ipso facto non- reserved excommunication (Canon 2318, § 2). The work of apostates, heretics or schismatics must be a book. How large a work must be to be called a book, is not stated in the Code. Vermeersch-Creusen think that it should have about 250 octavo pages to be called a book.*® That pamph- lets, leaflets, periodicals, magazines, and newspapers, do not come under the prohibition of books, though they defend heresy, schism, or apostasy, was declared by the Holy Office on April 27, 1880, and on January 13, 1892.5° The last-named decree considers as books periodicals issued by heretics, schismatics or apostates in defence of their errors, if these periodicals are bound into books or volumes. The books must be written by apostates, heretics or schismatics; if written by others (e.g., Catholics, Jews, or pagans), they do not fall under Canon 2318. Books published as manuscripts, or by the process of lithography, or photography, are not considered published in the ordinary sense of the term publication. 2163. Two classes of books are prohibited in Canon 2318, § 1: (1) books of apostates, heretics or schismatics defending heresy. Concerning these it has been declared in the above-mentioned Decree of April 27, 1880, that the reading of books of apostates or any author which merely contain heresy (continentes heresim) 49 Hpitome, III, n. 517. 50 Acta S. Sedis, XX, 368; XXIV, 625. 470 A PRACTICAL COMMENTARY did not make the reader liable to the censure decreed by Pope Pius IX. This ruling may be applied also to Canon 2318, Salt (2) books forbidden by name by Apostolic Letters. Most books which are on the Index of Forbidden Books have been con- demned, not by Apostolic Letters but by Congregations of the Holy See (e.g., the former Sacred Congregation of the Index, the Sacred Congregation of the Holy Office). Only books con- demned by name by the Supreme Pontiff himself are meant in Canon 2318, §1. The form of the papal document (e.g., Bull, Constitution, Encyclical, Litter Apostolice, ete.) is imma- terial.°* 9164. Persons punished by Canon 2318, §1, are: (1) the publishers of books of apostates, heretics or schismatics. It seems that the Latin term ‘‘editores’’ corresponds to the English term ‘‘publishers,’’ and means the person or business firm which undertakes to put the book on the market. Asa rule, the author is not the publisher of his own book, but gives it to a publishing firm; if he is his own publisher, he falls under the censures against publishers. Printers and other participants in the mak- ing of the books are not censured; (2) defenders of books of apostates, ete., and of books prohibited by name by Apostolic Letters. Defence seems to refer to words and actions by which the contents of the book are upheld as good and proper reading, and actions to save the book from destruction; (3) readers and possessors of the two classes of books who, in spite of the knowl- edge that it is forbidden under excommunication to read these books or have them in their possession, nevertheless read or keep them without due permission (cfr. Canons 1398, 1402-1405). 2165. Canon 2318, § 2, punishes with non-reserved excom- munication incurred ipso facto authors and publishers of books of the Sacred Scriptures, and of annotations and commentaries on them, if the approval of the competent authorities of the Chureh was not obtained (cfr. Canons 1385, 13891). It is imma- terial whether the entire Bible or parts of it are published, or whether they are published in the original or in translation. The notes or comments on the Sacred Scriptures would have to be of considerable volume to make a book; if it 1s a scriptural review or magazine dealing exclusively or for the most part with studies on the Bible and the individual issues are bound into 51 Sole, ‘‘De Delictis et Penis,’’ n. 328, 5. CANON 2319 AT1 volumes, they are considered books, and publication is forbidden under Canon 2318, §2. On the general prohibition to publish books, periodicals, ete., on subjects of faith and morals without previous approval, cfr. Canon 1385. Mixep MarrRIAGES BEFORE Non-CATHOLIC MINISTER, AND Non- CATHOLIC Baptism or EDUCATION OF CHILDREN 2166. Excommunication late sententiw reserved to the Ordi- nary is incurred by Catholics: (1) who contract marriage before a non-Catholic minister in violation of the prohibition of Canon 1063, § 1; (2) who marry with the explicit or implied agreement that all or any of the children shall be educated outside the Catholic Church; (3) who knowingly presume to offer their children to non- Catholic ministers for baptism; (4) parents or those who take their place who knowingly have their children educated or instructed in a non-Catholic religion (Canon 2319, § 1). Persons who do what is forbidden in § 1, nn. 2-4 are in addi- tion to the excommunication suspected of heresy (Canon 2319, Sis 2167. The offense under n. 1 consists in this, that a Catholic who marries a non-Catholic, baptized or unbaptized, approaches a non-Catholic minister as minister of religion, either before or after the Catholic marriage ceremony, to give or renew his mar- riage consent (cfr. Canon 1063; above, n. 1042). Many com- mentators restrict the penalty to Catholics who marry a non- Catholic, but some commentators assert that the penalty is incurred also by two Catholics who give or renew the marriage consent before a non-Catholic minister as minister of religion.”? Two Catholics who marry before a non-Catholic minister are guilty of the offense of Canon 2316. In the former Canon Law there was an excommunication specially reserved to the Holy See visited upon Catholics who married before a non-Catholic minister as a minister of religion; the Holy Office declared that their offense was comprehended by the law of the Constitution 52 Cappello, ‘‘De censuris,’’ n, 125; Ayrinhae, ‘‘Penal Legislation, ’’ 13. 472 A PRACTICAL COMMENTARY ‘Apostolic Sedis’’ against the fautores heresis. The Third Plenary Council of Baltimore (n. 127) punished with ipso facto excommunication reserved to the local Ordinary Catholics who contracted or attempted to contract marriage before a minister of any non-Catholic sect. The law of the Code has superseded the particular law of the Council of Baltimore, in so far as the marriage of a Catholic with a non-Catholic before a non-Catholic minister is concerned. But the law of that Council remains, we believe, with reference to the marriage or rather attempted marriage of two Catholics before a non-Catholic minister, for the Code does not punish this offense of two Catholies with a late sententie censure (cfr. Canon 2316), and Canon 2221 em- powers the legislators to enforce both the divine and the ecclesi- astical law with penalties or to increase the penalty decreed by law (cfr. Canon 2244; above, n. 2085). 2168. To contract marriage with the explicit or implied agreement that some or all children are to be educated outside the Catholic Church, is an offense against both the divine and the ecclesiastical law. Though such an agreement will more fre- quently occur in marriage of Catholics with non-Catholies, the Code does not limit it to such marriages, but ecomprehends all marriages contracted under that agreement. If the sinful pact is made after the marriage, the offense does not fall under Canon 9319, §1, n. 2, but rather under Canon 2316. 2169. Parents who, with full knowledge (sctenter) of the prohibition and the penalty of the law of the Church, have their children baptized by a non-Catholic minister, and parents or others who have children educated or instructed in a non-Catho- lic religion, incur thereby excommunication, reserved to the Ordinary. On the meaning of ‘“scienter,’’ efr. Canon 2229 (above, n. 2069). TITLE XII OF OFFENSES AGAINST RELIGION 9170. Persons who cast away the Sacred Species, or carry off or retain them for an evil purpose, are suspected of heresy, incur excommunication late sententi@ reserved in a most special manner to the Holy See, are branded ipso facto with infamy, and, if they are clerics, are to be deposed (Canon 2320). CANONS 2320-2321 473 Casting away (abjecerit) means to throw the Sacred Species intentionally on the floor or ground, or any place where they are exposed to irreverence, as though it were a morsel of com- mon bread or any other trifling thing which one does not hesi- tate to throw away. The same penalties are incurred by those who carry away the Sacred Species for an evil purpose (ab- duxerit ad malum finem), or, if someone else has carried them off, who keep them for such purpose. As the evil purpose is not specified in the Code, any sinful purpose for which the Sacred Species are taken from the tabernacle or place of legiti- mate custody, or kept by some person after they had been taken by another, is comprehended in Canon 2320. The same crimes were severely forbidden by the former law, not however under censure late sententiw: the offender was to be tried, and, if convicted in the ecclesiastical court of outrages against the Blessed Sacrament, he was to be delivered up to the civil authori- ties for capital punishment.®? ILLEGAL BINATION AND BREAKING OF THE NATURAL FAST BEFORE CELEBRATING MAss 2171. Priests who, in violation of the precepts of Canons 806, § 1, and 808, presume to say two Masses on the same day or to celebrate Mass after having broken the natural fast, shall be suspended from the celebration of Mass for a period of time to be fixed by the Ordinary in proportion to the special cir- cumstances of the case (Canon 2321). The penalty is not incurred by the very violation of the laws forbidding bination and the saying of Mass after breaking the natural fast, but the ecclesiastical judge or superior is or- dered to inflict a vindicative penalty of suspension for a longer or shorter period in proportion to the gravity of the offense. The faculty of the bishop to allow bination on Sundays and holydays of obligation was discussed above (Volume I, n. 706). The permission to binate is given for the purpose of furnishing all the people with an opportunity of assisting at Mass on Sun- days and holydays of obligation: as it is not personal to the 58 Pope Innocent XI, Const. ‘‘Ad nostri Apostolatus,’’ March 12, 1677; Alexander VIII, Const. Hy gts alias,’’ December 22, 1690; Benedict Scie Const. ‘‘ Ab augustissimo, ’’ March 5, 1744. 474 A PRACTICAL COMMENTARY priest, a priest who takes the place of a pastor or assistant who has permission to binate may say two Masses. In unforeseen eases in which there is no time to recur to the bishop, permis- sion to binate may be presumed: for example, if, In a parish which on Sundays has two Masses and two priests, one priest should suddenly take ill, the other priest may binate ** provided no other priest can be secured with reasonable effort. If priests ean be secured for Sundays and holydays without great dif- ficulty, even the local Ordinary cannot give permission for bina- tion (cfr. Canon 806, § 2). 9172. Even more severe than in the case of bination is the prohibition to say Mass after breaking the natural fast. That the Holy See is willing to grant to priests dispensation from the Eucharistic fast on Sundays and holydays of obligation, and to give the bishops faculties to dispense, has been already stated (efr. Volume I, n. 710). The following are cited as excuses from the law that the priest must say Mass fasting: (1) the obligation of completing the Holy Sacrifice if a priest col- lapses after the consecration of one or both species; (2) if by mistake the priest pours water only into the chalice at the Offertory, and does not notice the mistake until he tastes it at Communion; (3) some authors consider the necessity of admin- istering the Holy Viaticum as a sufficient reason to say Mass not fasting, supposing that Holy Communion could not be had any other way without great difficulty; (4) finally, the necessity of avoiding scandal among the people is also considered suffi- cient reason to say Mass after breaking the natural fast, because the obligation of the natural law to avoid publie scandal is con- sidered more serious than the positive ecclesiastical law to keep the Eucharistic fast.°> However, the local Ordinary has the right to judge, and if he does not take the same view of the excuses as the priest, but penalizes him for saying Mass after the break- ing of the fast, the priest is obliged to submit to the penalty. USuRPATION OF PRIESTLY FUNCTIONS 9173. (1) If a person who is not an ordained priest pretends to say Mass or to hear sacramental confession, he incurs ipso facto 54 Vermeersch-Creusen, ‘‘Epitome,’’ II, n. 78. 55 Noldin, ‘‘Theol. Moral.,’’ III, n. 153. CANON 2322 475 excommunication reserved in a special manner to the Holy See: if he is a layman, he shall also be deprived of any pension or office which he may have in the Church, and shall be punished with additional penalties in proportion to the gravity of his guilt; if he is a cleric, he shall be deposed. (2) If such a person usurps other priestly functions, he shall be punished by the Ordinary in proportion to the gravity of his guilt (Canon 2322). To pretend to say Mass (simulare) means that one who is not a priest conducts such ceremonies that the attendants, or some of them, are led to believe that Mass is really said. It is immaterial how far the deceiver performs the actual ceremonies and recites the prayers of the Mass; it suffices that his actions as a whole make the onlooker believe that he is saying Mass. If the man was known to all present as lacking priestly ordi- nation, his performance of the Mass ceremonies would not be a deception, and does not make him liable to the penalties of Canon 2322; it may be even entirely legitimate practice (e.g., the performance of the ceremonies of the Mass by seminarians who are soon to be ordained priests). A man who is known to all present as not being a priest, and who performs the ceremonies of Mass in the spirit of evil mockery or of sacrilegious derision, does not incur the penalties of Canon 2322: his crime may be more grievous than of the deceiver, but it is not the crime covered by Canon 2322. 2174. A person who is not a priest and pretends to hear sacramental confessions, representing himself by word or action as a priest, becomes liable to the penalties of Canon 2322, if he listens to the accusation of sins, even though he does not go so far as to pretend to grant absolution : the hearing of the sacramen- tal confession (i.e., a confession made by a penitent to one whom he believes to be a priest for the purpose of obtaining sacra- mental pardon) suffices to incur the penalty. The penalties of Canon 2322 do not apply to men ordained to the priesthood, though they have been suspended, deposed, or degraded, because Canon 2322 speaks of persons only who do not possess the sacer- dotal character. 2175. Finally, persons who usurp other sacerdotal functions (besides Holy Mass and hearing of confessions) are to be pun- ished by the Ordinary in proportion to their guilt. Sacerdotal 476 A PRACTICAL COMMENTARY functions are those which are reserved to the order of the priest- hood either by the divine or the ecclesiastical law. It should be noted here that Canon 985, n. 7, inflicts an irregularity ex delicto on men who perform an act reserved to clerics in major orders without having received the order in question. BLASPHEMY AND PERJURY 9176. Persons who commit blasphemy or perjure themselves outside of court, are to be punished at the discretion of the Ordinary, especially if they are clerics (Canon 2323). Spoken or written words of insult to God or His saints or sacred things are forbidden by the divine, and are here condemned by the ecclesiastical law. If a person calls upon God to witness the truth of his words, and it is proved that he deliberately made false statement under oath, he is to be punished by the Ordinary at his discretion. If one perjures himself in an ecclesi- astical court, he is to be punished by the judge in accordance with Canon 1743 (cfr. above, n. 1697). OFFENSES AGAINST THE LAWS ON Mass STIPENDS 2177. Persons who offend against the precepts of Canons 827, 828, 840, §1, shall be punished by the Ordinary in proportion to the gravity of their guilt, even with suspension or with deprivation of ecclesiastical benefice or office, or, in the case of lay persons, with excommunication, if the gravity of the offense ealls for it (Canon 2324). The former penalties latw sententre for offenses in connexion with Mass stipends, inflicted by the Constitution ‘‘Apostolice Sedis’’? of Pope Leo XIII, and by the Decree ‘¢Vigilanti,’’ of the Saered Congregation of the Council, May 25, 1893, and reaffirmed by the Decree ‘‘Ut debita’’ of the same Congregation, May 11, 1904, are abolished by the Code (cfr. Canon 6, n. ae The law now commands the Ordinary to punish the abuses con- demned in Canons 827, 828, and 840, §1, with penalties com- mensurate with the gravity of the transgressions (cfr. above, Volume I, nn. 726, 737). The offenses forbidden are: (1) every kind of negotiation or trading in Mass stipends (Canon 827) ; (2) the saying of fewer Masses than one agreed to say when CANONS 2323-2325 477 accepting the stipends (Canon 828) ; (3) the retaining of part of the manual stipends or deriving any profit from them when one commits the saying of the Masses to other priests (Canon 840). Since there is not an ecclesiastical offense unless the trans- gression is gravely sinful (cfr. Canon 2218, §2), one has to examine whether the violations of the prohibitions in the Canons here referred to are grievous transgressions. The forbidden negotiation or trading with Mass stipends is, in the opinion of Vermeersch-Creusen,*® a prohibition in which the smallness of the matter may excuse from mortal sin. To omit even one Mass which one is obliged to say for reason of a stipend seems to be a grave matter, for the act to which one hag by contract obliged oneself is a serious matter, irrespective of the amount of the stipend, This is the opinion of the majority of recent authors; others hold that it is probably not a grievous sin unless the stipend is large enough to amount to a grave matter.°’ The retaining of part of the stipend or the making of profit from stipends which one transfers to another priest, is either a mortal or a venial sin according to the smaller or larger gain illegally made. SUPERSTITION AND SACRILEGE 2178. Persons who practise superstition or perpetrate a sacrilege are to be punished by the Ordinary in proportion to the gravity of their guilt, without prejudice to the penalties ordained by law against some acts of superstition or sacrilege ‘Canon 2325). Superstition comprehends a great variety of unlawful prac- tices which are insulting to God and things sacred (e.g., divina- tion, fortune-telling, magic, witcherdft, or by whatever other name the forbidden delving into the supernatural may be ealled). In more recent times mesmerism, hypnotism and spiritism have become fertile sources of superstition. The abuse of magnetism (mesmerism) for superstitious purposes has been repeatedly con- demned by the Holy See; °* in connexion with the use of hyp- notism, the Holy See has cautioned those who employ it and 6 ‘*Epitome,’? TIT, n. 524. 57 Vermeersch-Creusen, ‘‘Epitome,’’ II, n. 106; Noldin, ‘‘Theol. Moral.,’’ III, n. 184. 68 Holy Office, April 21, 1841; July 30, 1856. 478 A PRACTICAL COMMENTARY submit to it for scientific purposes; the Holy See has also pro- tested against interference with the spirit world.°® Spiritism has indeed been condemned by Decree of the Holy Office, March 30, 1898. Sacrilege consists in the unworthy use or treatment of sacred. things and sacred persons. Certain things are of their nature sacred (e.g., the Sacraments) ; others become so by blessing or consecration legitimately bestowed on things or places by au- thority of the Church, Persons are rendered sacred by ordi- nation or consecration or by other forms of dedication to the divine service by authority of the Church (e.g., by first tonsure, by religious profession ). MAKING AND SPREADING OF Fatse REwics 2179. Persons who make false relies, or knowingly sell, dis- tribute or expose them for the public veneration of the faithful, incur ipso facto excommunication reserved to the Ordinary (Canon 2326). The fraudulent making of relics and wilful codperation in the selling, distributing, and exposing for public veneration of false relics is punished by Canon 2326, which does not deal with the sins of irreverence done against true relics by sale or other irreverent treatment. If a person who is in possession of a large relic of a saint or a beatified person should separate small particles of that relic and distribute them to others, he does not sneur the censure because he distributes genuine relics, but this should not be done, because it may be impossible subsequently to prove their genuineness. Though one is certain of the genu- ineness of a relic, Canon 1283 forbids their public veneration without the authentication of a Cardinal, or a local Ordinary, or another ecclesiastic authorized by Apostolic indult to au- thenticate relics (cfr. above, n. 1309). ProFit-MAKING THROUGH INDULGENCES 9180. Persons who make profit from indulgences are Upso facto punished with excommunication reserved simply to the Apostolic See (Canon 2327). 59 Holy Office, July 26, 189, y ) - CANONS 2326-2329 479 The same offense was censured by the Constitution of Pope Pius V, ‘‘Etsi Dominici gregis,’’ February 8, 1567, and by the Constitution ‘‘Quam plenum,’’ J anuary 2, 1569. In the former law persons inferior to bishops were punished with excommuni- cation ; the Code comprehends all persons except Cardinals (efr. Canon 2227, §2). The offense forbidden is to make any gain or profit from the granting or the publication of indulgences (1.e., an explicit or implied sale of indulgences). The Code does not limit the penalty to the granting and publication, but commentators seem to be agreed on this point, therein fol- lowing the old law. VIOLATION OF CoRPSES OR GRAVES 2181. Persons who violate the bodies or graves of the dead with a view to theft or any other evil purpose, shall be pun- ished with a personal interdict. They are apso facto branded with infamy, and, if they are clerics, shall be deposed in addition to the other penalties (Canon 2328 ). This Canon enforces the respect and honor due to the human body after death, both before and after burial. The Code does not say ‘‘bodies of the faithful,’’ but ‘‘the bodies of the dead’? —that is, human corpses generally, whether they are the bodies of baptized or unbaptized persons. Theft and other evil deeds, which violate the natural sanctity of the bodies and the oTaves, are forbidden. It may be necessary at times to dissect a human body for the sake of ascertaining the cause of death, or for the sake of science: of such purposes Canon 2328 does not speak, but only of evil purposes. VIOLATION OF CHURCHES AND CEMETERIES 2182. Persons who defile the sanctity of a church or cemetery in the manner described in Canons 1172 and 1207, shall be punished by the Ordinary with interdict from entering a church and other appropriate penalties in proportion to the eravity of their guilt (Canon 2329). Canon 1172 enumerates the offenses by which a church is defiled or polluted, and Canon 1207 rules that the cemeteries are also defiled by the same offenses (cfr. above, nn, 1213, 1238). 480 A PRACTICAL COMMENTARY TITLE XIII OF OFFENSES AGAINST ECCLESIASTICAL AUTHORI- TIES, PERSONS AND THINGS 9183. With regard to the penalties enacted against offenses which may be committed in the election of the Supreme Pontiff, the only law to be considered is the Constitution of Pope Pius X ‘‘Vaeante Sede Apostolica,’? December 25, 1904 (Canon 2330). In this Constitution there are eight excommunications late sententie, and there is one in the Constitution ‘‘Commissum Nobis,’’ January 20, 1904, which Constitution is confirmed by the Constitution ‘‘Vacante Sede Apostolica.”’ All these excom- munications are reserved to the Supreme Pontiff, so that nobody (not even the Major Penitentiary) can absolve from them except in danger of death.®° These excommunications are as follows: (1) the refusal of a Cardinal who is present in the Con- clave to appear for the voting after the bell calling them has been sounded the third time, unless he is impeded by sickness (Const. V. 8. A., n. 37); (2) the sending of letters or writings of any kind (printed or otherwise) from outside to persons present in the Conclave (including Cardinals) or the sending of such material from the Conclave to persons outside, without first submitting them for the examination of the Secretary of the Sacred College and the prelates appointed for the custody of the Conclave (Const. Vv. S. A., n. 50) ; 60 Vermeersch-Creusen (Epitome, ITI, n. 530) consider all these excom- munications as late sententie, and this opinion is shared by Chelodi (Jus Penale, n. 68), Cappello (De Censuris, n. 184), and Cerato (Censure Vigentes, n. 85). However, Eichmann (Das Strafrecht, 146) considers the excommunication n. 7 as a penalty ferende sententiew, because the Consti- tution when speaking of this penalty does not state that it is late sen- tentie, or that it is incurred tpso facto, nor does it use an equivalent phrase. The authors who interpret it as an excommunication late sen- tentie rely on n. 51 of the Constitution ‘‘Vacante Sede Apostolica,’’ which rules that every excommunication imposed and decreed by this Con- stitution is reserved exclusively to the Supreme Pontiff, which, we believe, seems to indicate that the Constitution considers them excommunications late sententie. There is some controversy whether absolution tn casibus urgentioribus from these excommunications can be given in accordance with Canon 2254. The commentators are divided on the point, but it seems to us that the concession of the said Canon does not apply to the penalties of the Constitution against offenses committed in reference to the election of the Supreme Pontiff, because Canon 2330 states that in regard to them the Constitution exclusively governs. CANON 2330 481 (3) violation of the secret in reference to all matters per- taining to the election of the Roman Pontiff and all other affairs done in Conclave or in the place of election (Const. V. S. A,, n. 51); (4) manifestation by Cardinals to their attendants or con- celavists or to any other persons of things which directly or indirectly have reference to the voting, and also of the acts or decrees enacted in the meetings of Cardinals either before or during the Conclave (Const. V. S. A., n. 53). Title I, Chapter II, nn. 6-11, of the Const. ‘‘Vacante Sede Apostolica’’ describes the meetings of Cardinals after the vacancy of the Apostolic See has occurred, both before and after they enter the Conclave; (5) simony committed in the election of the Roman Pontiff as condemned by former laws, notably the Constitution of Pope Julius II, ‘‘Cum tam divino,’”’ January 14, 1505; but the in- validity of the simoniacal election decreed by Pope Julius II (or by any other Pope) is revoked in order that there may be no pretext for attacking the validity of the election of the Su- preme Pontiff (Const. V. 8. A., n. 79) ; (6) the discussion of a successor of the Roman Pontiff, while he is still living and without consulting him; the promise to vote for such future candidate; and all deliberation and dis- cussion on this subject at private gatherings (Const. V. 8. A., MOU)? | (7) the acceptance by Cardinals or any other members of the Conclave of the réle of an intermediary of civil powers to present their ‘‘Veto’’ (or Exclusiva) of a possible candidate for the Supreme Pontificate; it is forbidden to present that veto even in the form of a mere desire or in any manner either to the College of Cardinals or to individual Cardinals, either before or during the Conclave (Const. ‘‘Commissum Nobis,’”’ and Const. \iPaie yes tray ries) aie | (8) agreements, compacts, promises or any other obligations made or assumed by Cardinals which may restrict their freedom of voting or not voting for some one or several candidates (Const. Ve ea tes c Tles on lis (9) an attack on the letters which the legitimately elected Roman Pontiff may have issued on any business whatsoever before his coronation (Const. V. S. A., n. 88), 482 A PRACTICAL COMMENTARY DISOBEDIENCE TO ORDERS OF THE ROMAN PONTIFF OR THE PROPER ORDINARY, AND CONSPIRACY 9184. Persons who stubbornly refuse to obey the legitimate precepts or prohibitions of the Roman Pontiff or their proper Ordinary shall be punished with appropriate penalties, not excluding censures, in proportion to the gravity of their ouilt (Canon 2331, § 1). Those who conspire against the authority of the Roman Pontiff or his legates or their own proper Ordinary, or against their legitimate commands, and also those who provoke sub- jects to disobedience towards them, shall be restrained by cen- sures and other penalties; if they are clerics, they shall be deprived of dignities, benefices and other offices; if they are religious, they shall be deprived of active and passive vote and of office (Canon 2331, § 2). APPEAL FRoM LAWS AND CoMMANDS OF THE ROMAN PONTIFF To AN CHiCUMENICAL CoUNCIL 9185. Hach and every one of whatsoever state, degree or condition—whether king, bishop or Cardinal—who appeals from the laws, decrees, or mandates of the reigning Roman Pontiff to an (icumenical Council, are suspected of heresy, and incur ipso facto excommunication reserved in a special manner to the Apostolic See. Universities, colleges, chapters or other legal bodies, by whatsoever name they may be known, incur an inter- dict reserved in a special manner to the Apostolic See (Canon 2332). The appeal from the authority of the Supreme Pontiff entails a denial of the principle enunciated by the Vatican Council that the Roman Pontiff has the supreme power of jurisdiction, independently of an CEcumenical Council. The bishops and Cardinals are specially mentioned to deprive them in this matter of the privilege of Canon 9997, Kings do not by law enjoy exemption from the canonical penalties, but, in virtue of Canon 2227, the Supreme Pontiff alone can issue the declaration of a penalty incurred by supreme heads of states. With reference to innocent members of a community or college which has been interdicted, efr. Canon 22:76: CANONS 2331-2334 483 RECOURSE TO THE Ctvir, Power AGAINST LETTERS oR ACTS OF THE APOSTOLIC SEE or Its LEGATES 2186. Persons who have recourse to the laical power for the purpose of impeding any letters or acts issued by the Apostolic See or its legates, or who directly or indirectly prevent their promulgation or execution, or persons who injure or terrify be- cause of these letters or acts those to whom these documents are directed or others, incur ipso facto excommunication reserved in an especial manner to the Holy See (Canon 2333). The Chureh demands absolute independence from the civil powers in her sphere of action in the matters committed to her jurisdiction by Christ. Wherefore she strikes with excommuni- cation: (1) persons (laymen or clerics) who have recourse to the civil power to impede the letters and acts of the Holy See, by which term also the Sacred Congregations, Tribunals and Offices of the Holy See are meant (cfr. Canon 7); (2) the civil authorities who forbid the promulgation or execution of the said documents; (3) the civil authorities who injure or terrify per- sons because of these documents. INTERFERENCE WITH THE LIBERTY AND RIGHTS OF THE CHURCH 2187. Excommunication reserved to the Holy See in a special manner is visited ipso facto upon the following: (1) those who issue laws, mandates or decrees against the liberty and rights of the Church ; (2) those who either directly or indirectly impede the exer- cise of ecclesiastical jurisdiction in the internal or external forum, having recourse for that purpose to any laical authority (Canon 2334), This prohibition and penalty completes the protest of the Church against all interference of the civil powers with the freedom and rights of the Church. This Canon punishes the civil authorities who abuse their power against the Church and those who request the civil authorities to interfere with the juris- diction of the Church. Clerics who are guilty of the offense spoken of in Canon 2334, are visited with additional penalties by Canon 2336, § 1. 484 A PRACTICAL COMMENTARY JOINING THE FREEMASONS AND SIMILAR SOCIETIES 9188. Persons who have themselves enrolled in the masonic sect, or in other associations of the same kind which plot against the Church or the legitimate civil powers, neur ipso facto ex- communication reserved simply to the Apostolic See (Canon 2335). By his Constitution ‘‘In eminenti’’ of April 28, 1738, Pope Clement XII excommunicated those who joined the masons. To join the Fenians was forbidden under excommunication by the Holy Office on January 12, 1870. As the societies of the Car- bonari, of the Nihilists and of the Anarchists are generally considered to be organizations which of set purpose plot the destruction of either Church or State, persons who join them with knowledge of the penalty of Canon Law incur the excom- munication. There is considerable controversy whether enrol- ment in the socialistic, biblical, and clerical-liberal societies is forbidden under excommunication.*t A further difficulty in determining whether a society is of the nature described in Canon 2335 arises from the fact that many societies bear a name or title which marks them as purely social or beneficent organi- zations, while in fact they are allied with the masons. The difficulty is increased by the fact that some of those societies change their names from time to time. Since the law of the Code against freemasonry and similar organizations is the same as that of the Constitution ‘‘Apostolice Sedis’’ (except as to the persons favoring these societies and neglecting to denounce to the ecclesiastical authorities their secret leaders, which two phrases of the said Constitution are dropped by the Code), the text-books on the former Canon Law and moral theology may be consulted. For the United States the Third Plenary Council of Baltimore (nn. 254-255), with the approval of the Holy See, issued the practical injunction that nobody should declare a certain society as forbidden under excommunication, until the ease had been submitted to a committee consisting of all the archbishops, which the Council ereated for the purpose: if this committee could not reach a unanimous verdict, the matter was to be referred to the Holy See so that absolute uniformity of 61 Cappello, ‘‘De censuris,’’ n. 105. CANON 2335 485 discipline might be had on this matter in all the dioceses of the United States. 2189. As to the absolution of freemasons and adherents of other societies forbidden under excommunication, the faculty to absolve in occult cases is granted to the Ordinaries by Canon 2327, §2. In cases in which the membership in those societies is known to a number of persons, and may thus be called public (cfr. Canon 2197; above, n. 2028), the excommunication is re- served to the Holy See. The faculties given by the Holy See to the local Ordinaries in the United States empower them to absolve from this censure under condition that the penitent separates himself entirely from the sect or society and abjures it, that he denounces clerics and religious whom he knows to belong to such sects or societies (cfr. Canon 2336, §2), and that he surrenders to the one absolving him books, manuscripts, and insignia of the society which he possesses. These books, manuscripts and insignia are to be cautiously forwarded to the Holy Office as soon as possible, or, if this cannot be done for good and grave reasons, they are to be destroyed. that ordinarily the three elements are necessary to constitute ecclesiastical burial, unless the circumstances or the conditions of places make one or the other element of Chris- tian burial impossible or of no account. Persons who of their own free will grant Christian burial to those enumerated in Canon 2339 thereby incur interdict from entering a church. This interdict is incurred by ecclesiastics only, who in virtue of their office have the right to concede ecclesiastical burial; laymen have no such right. Canon 2339 mentions the persons whose ecclesiastical burial may not be insisted on or conceded under the penalties enumer- ated. Reference is made to Canon 1240, §1, in which these same persons and some other classes are enumerated. Sole®® seems to maintain that the penalties of Canon 2339 apply to the ecclesiastical burial of all persons enumerated in Canon 1240, but many commentators restrict the penalties of Canon 9339 to those persons who are mentioned in the Canon, be- cause these are specifically enumerated, whereas Canon 1240 enumerates in general all persons to whom ecclesiastical burial is to be denied. The reference to Canon 1240, §1, in Canon 9339 is given, we believe, to indicate that the penalties for forcing ecclesiastical burial or conceding it apply only when the persons enumerated in Canon 2339 have not given any signs of repentance before death. OBDURACY IN CENSURES 2195. If a person with obstinate mind remains under the censure of excommunication for one year, he is suspected of heresy (Canon 2340, § 1). If a cleric remains under censure of suspension for half a year, he shall be gravely admonished; if he does not abandon his obstinacy after the lapse of a month from such admonition, he shall be deprived of any benefices or offices that he may possess (Canon 2340, § 2). 65 Jus Penale, n. 73. 66‘‘De Delictis et Ponis,’’? n. 367; Vermeersch-Creusen, ‘‘ Epitome,’’ ITI, n. 538. CANONS 2340-2341 491 The suspicion of heresy (cfr. Canon 2315) is treated by the Code as a separate offense. The Council of Trent *’ had the same law as Canon 2340, §1. Note that the Code speaks of a cleric who remains under censure of suspension for more than six months, because the censure is imposed by the Church to move the guilty person to repentance, and, as soon as he repents and complies with the demands of his superiors, he has a right to absolution. If the suspension is inflicted by the way of a vindicative penalty, repentance and satisfaction do not give him a right to dispensation from the penalty: this penalty lasts for the period for which it was inflicted, or, if imposed indefinitely, it lasts at the discretion of the superior who imposed it. VIOLATION OF THE PRIVILEGE OF THE ECCLESIASTICAL FORUM 2196. If, in violation of the precept of Canon 120, anyone dares to cite before a laical judge one of the Cardinals, Legates of the Apostolic See, or major officials of the Roman Curia in affairs pertaining to their office, or one’s own proper Ordinary, he incurs automatically excommunication reserved in a special manner to the Apostolic See. If anyone dares to cite another bishop—even a mere titular bishop, abbot or prelate nullius— or the supreme superior of any religious organization of papal law, he automatically incurs excommunication reserved simply to the Apostolic See. Finally, if a cleric cites any other person who enjoys the prwvilegium fort before a laical judge without the previous permission from the local Ordinary, he automati- cally ineurs suspension from office reserved to the Ordinary; if a lay person commits this offense, he shall be punished with condign penalties in proportion to his guilt by the proper Ordi- nary (Canon 2341). Canon 120 explains the privilege of the forum: it states that ecclesiastics may be sued in an ecclesiastical court only, and what ecclesiastical authorities have the right to grant permission to a plaintiff to bring suit in the secular courts (cfr. above, Volume I, n. 92). If a person with full knowledge of this law and the penalties for its violation institutes suit against a per- son who, by the law of the Church, enjoys the privilege of the forum, he incurs one of the penalties of Canon 2341, varying 67 Sessio XXV, eap. 3, De Reform, 492 A PRACTICAL COMMENTARY according to the various degrees of the ecclesiastical persons there enumerated. The major officials of the Roman Curia °° have the same special protection as 1s accorded to Cardinals, Legates of the Holy See and the proper Ordinary, and thus may not be sued in the secular courts in connection with affairs of their office. In other affairs they have the common protection of ecclesiastical persons according to their rank. If a person demands that a cleric be called as witness, and has the summons issued to him, he does not incur the censures of Canon 2341. Before the promulgation of the Code there was controversy among canonists * as to whether the summoning of clerics as witnesses was punished with excommunication specially reserved to the Holy See. The Motu proprio of Pope Pius X, ‘‘Quantavis diligentia,’’ October 9, 1911, reads: ‘‘Quicumque privatorum _ nullo potestatis ecclesiastice permissu, ad tribunal laicorum vocent personas quasvis ecclesiasticas, ibique adesse compel- — lant.’?7° Though the Code punishes with censures those only who sue clerics before laical judges without the permission of the authorities of the Church, it is nevertheless sinful to force them to appear as witnesses without obtaining the permission of the Church in view of the exemption which the Church be- stows on clerics in this matter. A judge who by the law of the country is forced to summon to his court ecclesiastics sued by others, does not incur the penalties of Canon 23841, because the Holy Office, in an Instruction to a certain Vicar Apostolic (February 1, 1871; Collectanea de Prop. Fide, II, n: 1364) ex- plained that the term ‘“eogentes’’ of the censure in the Consti- tution ‘‘ Apostolic Sedis’’ indicates that the excommunication does not affect subordinates even though they are judges, but those who without being forced by anyone drag elerics before the secular tribunals or force others to do so. The privilege of the forum may, as Canon 120 indicates, be modified (nisi aliter pro locis particularibus legitime proviswm fuerit). In the United States the government has never recog- nized the exemption of clerics from being sued in its courts, and the Third Council of Baltimore says that, in order to uphold 68 The major officials of the Roman Curia are enumerated in the Con- stitution ‘‘Sapienti consilio’’ of Pope Pius X, June 29, 1908 (Acta Ap. Sedis, I, 78, sqq.). 69 Sole, ‘‘De Delictis et Penis,’’ n. 372. 70 Acta Ap. Sedis, III, 555. CANON 2342 493 ecclesiastical immunity as much as is possible among us, the priests are strictly forbidden to sue another priest or cleric, even in temporal affairs, in the secular courts without previous writ- ten permission of the bishop. The Council does not forbid lay persons to sue clerics in the secular courts,’! and Ayrinhac is of the opinion (which seems to be a correct conclusion from the Third Plenary Council of Baltimore) that lay persons are implicitly granted permission to sue clerics in the secular courts.” VIOLATION OF THE LAW OF ENCLOSURE 2197. Excommunication simply reserved to the Apostolic See is automatically incurred: (1) by persons of whatever class, condition or sex who violate the enclosure of nuns by entering their monasteries without legitimate permission, and also by persons who introduce or admit them. If they are clerics, they shall, moreover, be sus- pended for a period of time to be fixed by the Ordinary in proportion to the gravity of their guilt; (2) by women who violate the enclosure of religious men in solemn vows, and by the superiors and others, whosoever they may be, who admit or introduce women of any age; moreover, the religious who introduce or admit them shall be deprived of any office which they may have and of active and passive vote; (3) by nuns who unlawfully leave the enclosure in violation of the precept of Canon 601 (Canon 2342). The law forbids men and women to enter the enclosure of Sisters in solemn vows. There are some Sisterhoods in Europe whose rule prescribed solemn vows, but these have been reduced to simple vows by authority of the Holy See. Such Sisterhoods do not come under Canon 2342.77 Boys and girls under the age of puberty (that is, under fourteen and twelve years respect- ively) do not incur the censure by entering the enclosure of nuns, but adults who induce, invite, or admit them do not escape the penalty of Canon 2342 (cfr. Canon 2230). The enclosure of men‘in solemn vows is violated by the entrance of women and oirls, and if the superior or any other 71 Decreta Conc. Plen. Balt. III, n. 84 72 Penal Legislation, n. 279. 73 Vermeersch-Creusen, ‘‘Epitome,’’ n. 541. 494 A PRACTICAL COMMENTARY person, either of the community or an outsider, orders, forces or assists them to enter, or admits or invites them to enter, the censure is incurred, no matter how young the girl may be (cutus- cumque etatis). Nuns who leave the enclosure without due permission given by law in certain cases or by the Holy See (cfr. Canon 601), incur excommunication. The Code says ‘‘moniales’’: conse- quently, although Sisters who have not yet made solemn pro- fession, novices and postulants are obliged to observe the law of enclosure, they do not incur the censure by violating this law. In opposition to the opinion of the majority of commenta- tors on the Code, Sole ™ maintains that temporarily professed Sisters and postulants in monasteries of nuns are also subject to the excommunication, if they unlawfully leave the enclosure. On the law of enclosure, cfr. Volume I, nn. 509-513. VIOLATION OF THE Privilegium Canonis 2198. Persons who lay violent hands on the person of the Roman Pontiff: (1) automatically incur excommunication reserved in a most . special manner to the Apostolic See, and wpso facto become ex- communicate vitandr; 3 (2) are automatically branded with infamy ; (3) if they are clerics, they must be degraded (Canon 2343, § 1). Persons who lay violent hands on the person of a Cardinal or a Legate of the Roman Pontiff: (1) automatically incur excommunication reserved in a spe- cial manner to the Apostolic See; (2) are ipso facto branded with infamy ; (3) must be deprived of benefices, offices, dignities, pensions and any position which they may have in the Church (Canon 2343, § 2). Persons who lay violent hands on the person of a patriarch, archbishop, or bishop (even a titular bishop), automatically ineur excommunication reserved in a special manner to the Apostolic See (Canon 2343, § 3). Persons who lay violent hands on the person of other clerics 74 De Delictis et Penis, nu. 374. CANON 2343 495 or on religious men or women, automatically incur excommuni- cation reserved to the proper Ordinary, who shall, moreover, punish them with other appropriate penalties in his discretion (Canon 2343, § 4). Canon 119 states that those who inflict bodily injury on clerics are guilty of sacrilege. The protection against bodily injury of clerics and religious is called the ‘‘privilegium can- onis.’’ This term is taken from Canon 15 ‘‘Si quis suadente diabolo,’’ of the Second Lateran Council, held under Pope Inno- cent II (11389), which declared that persons who do bodily injury to clerics or religious automatically incur excommunication re- served to the Apostolic See. The Constitution ‘‘ Apostolice Sedis’’ punished with excommunication reserved to the Apostolic See in a special manner persons who inflicted bodily injury on Cardinals, patriarchs, archbishops, bishops, or Legates of the Apostolic See, and explicitly stated that the codperators in the attack on such persons were liable to the same penalty. As the Code does not explicitly mention the codperators, a few commentators on the Code are led to the conclusion that persons who participate in the attack on ecclesiastical dignitaries and common clerics do not incur the penalties of Canon 2343.7 However, the Code in Canon 2231 establishes the general prin- ciple for all offenses and their penalties, when it states that, where several persons concur in the commission of an offense in the manner specified in Canon 2209, §§ 1-3, all are liable to the same penalty unless the law explicitly states otherwise. Wherefore, there can be no doubt that persons who cooperate in attacking a cleric in the manner described in Canon 2209, §§ 1-3, are liable to the penalties of Canon 2343. VERBAL INJURY TO CLERICS 2199. Any person who in public periodicals, speeches, or pamphlets, has injured (1.e., calumniated) either directly or indirectly the Roman Pontiff, the Legates of the Roman Pontiff, the Sacred Congregations at Rome, the Tribunals of the Apostolic See and their major officials, or his proper Ordinary, or who has excited animosity or hatred against their acts, decrees, deci- 75 Cappello, ‘‘De censuris,’’? n. 59; Ayrinhac, ‘‘Penal Legislation,’’ n. 288; Augustine, ‘‘Commentary,’’ VIII, 378. 496 A PRACTICAL COMMENTARY sions or sentences, shall—not only at the instance of the party, but also ex officio—be compelled by the Ordinary even with cen- sures to make satisfaction, and shall be punished with appro- priate penalties and penances in proportion to the gravity of his guilt and the necessity of repairing the scandal (Canon 2344). The ‘‘injurie’’ of Canon 2344 include all offensive, insult- ing remarks, all slanders and revelations of secret faults or defects, and finally all agitation against the official actions of the above-mentioned ecclesiastical authorities. Private conversa- tion injurious to the person or office of the said dignitaries is not mentioned in Canon 2344, but, if through the often-repeated guilty conversation such talk becomes public, the Ordinary has the right to proceed against such persons, even though their offense does not fall under the terms of Canon 2344—‘*‘ public periodicals, speeches or pamphlets’’ (cfr. Canon 2222), USURPATION OF THE GOODS AND RIGHTS OF THE RoMAN CHURCH 2200. Persons who usurp or retain, personally or through others, goods and rights pertaining to the Roman Church, auto- matically incur excommunication reserved in a special manner to the Apostolic See. If they are clerics, they shall also be deprived of dignities, benefices, offices, and pensions, and shall be declared disqualified to obtain them (Canon 2345). Most commentators on the Code hold that this Canon refers exclusively to the temporal dominions and rights of the former Papal States. The Constitution ‘‘ Apostolic Sedis,’? which had the same censure against the above acts of injustice, explicitly mentioned codperators. Some commentators on the Code state that the codperators are not comprehended in Canon 2345, be- cause usurpation and detention of the goods and rights only are punished. Nevertheless, the Code punishes with the same penalty all codperators in the usurpation or detention, if they cooperate in the manner described in Canon 2209, §§ 1-3 (efr. Canon 2231), CANONS 2344-2346 497 USURPATION AND DETENTION OF TEMPORAL ECCLESIASTICAL Goops AND PROPERTY 2201. If anyone, either in person or through others, pre- sumes to convert to his own use and usurp ecclesiastical goods of any kind, whether personal or real, or to prevent those to whom such goods rightfully belong from receiving the fruits or income from ecclesiastical goods, they shall be subject to excom- munication until they have made complete restitution of the goods, have removed the above-mentioned obstacles to the re- ception of the revenue or income by those entitled to it, and have afterwards obtained absolution from the Apostolic See. If a patron of a church or church property should be guilty of the above offense, he is automatically deprived of his right of patronage. A cleric who has been guilty of this offense or has consented to it shall, in addition, be deprived of all benefices whatsoever, shall be rendered disqualified to obtain any others, and shall be suspended from the exercise of his orders at the discretion of the Ordinary, even after he has made complete satisfaction and obtained absolution (Canon 2346). The theft of ecclesiastical goods is not meant here, but rather the appropriation of ecclesiastical property to one’s own benefit, as though one had a right to it (i.e., the confiscation and spolia- tion of the ecclesiastical goods in the name of law and on the basis of a pretended right to them). Codperation in the usurpa- tion and detention are to be judged according to Canons 2231 and 2209, §§ 1-3. | ILLEGAL ALIENATION OF ECCLESIASTICAL Goops 2202. In addition to the nullity of the act and the obliga- tion—which is to be enforced even with censures—to make resti- tution of the goods unlawfully acquired and the duty to repair the damages which may have been caused, a person who presumes to alienate ecclesiastical goods or gives his consent thereto in violation of the precepts of Canons 534 and 1532, shall be punished as follows: (1) if there is question of goods of a value of not over one 498 A PRACTICAL COMMENTARY thousand franes, he shall be punished with appropriate penalties by the legitimate ecclesiastical superior ; (2) if the goods have a value of over one thousand and less than thirty thousand franes, a patron who is guilty of illegal alienation shall be deprived of the right of patronage; an ad- ministrator of his office of administration; a religious Superior or religious @conomus of his office and of eligibility to acquire any other office, in addition to other appropriate penalties to be imposed by the Superiors; an Ordinary and other clerics who hold an office, benefice, dignity, or position in the Church, shall pay double the amount to the church or pious institute which has been injured; other clerics shall be suspended for a length of time to be determined by the Ordinary ; (3) if the beneplacitum of the Holy See demanded by the above-mentioned Canons (5384 and 1532) has been knowingly omitted, all who are in any manner guilty, either as givers or receivers of the goods or by consenting to the alienation, auto- matically incur in addition excommunication which is not re- served (Canon 2347). On the alienation of ecclesiastical goods generally, cfr. Canons 1530-1534 (above, nn. 1523-1527); on the alienation of goods possessed by religious organizations, cfr. Canon 534 (Volume I, nn. 414-416). Ungust WITHHOLDING oF Goops FRom Pious INSTITUTES 2203. Any person who either by donation, or last will, or as a trustee, comes into possession of a legacy or donation destined for pious institutes, and neglects to fulfill his obliga- tion, shall be forced to do so by the Ordinary even with censures (Canon 2348). The ‘‘cause pix’? which we render by pious institutes com- prehend all works of religion and Christian charity, e.g., churches, monasteries and convents, schools for the poor, hospi- tals, and other houses of charity and mercy conducted under ecclesiastical authority. In virtue of Canon 1515, the local Ordinary is the legal executor of all bequests and donations made in favor of pious institutes (efr. Canons 1515-1516; above, nn. 1508-1509), CANONS 2347-2350 499 REFUSAL OF LEGITIMATE CONTRIBUTIONS AND TAXES 2204. Persons who refuse to make the legitimate contribu- tions due by precept of Canons 463 and 1507, shall be pun- ished at the discretion of the Ordinary until they have satis- fied their obligation (Canon 2849). With reference to the con- tributions or fees, efr. our commentary on the above-mentioned Canons (Volume I, n. 339; above, n. 1496). TITLE XIV OF OFFENSES AGAINST LIFE, LIBERTY, PROPERTY, GOOD REPUTE AND CHRISTIAN MORALITY ABORTION, SUICIDE AND ATTEMPTED SELF-DESTRUCTION 2205. Persons who procure abortion, the mother not excepted, automatically incur excommunication reserved to the Ordinary at the moment the crime takes effect; if they are clerics, they shall also be deposed (Canon 2350, § 1). Persons who lay hands on themselves shall, if death ensues, be deprived of ecclesiastical burial in accordance with the pre- cept of Canon 1240, n. 3. If they do not die, they shall be barred from legal ecclesiastical actions, and, if they are cler- ics, they shall be suspended for a period of time to be determined by the Ordinary, and deprived of benefices or offices to which the care of souls in either the internal or external forum is attached (Canon 2350, § 2). The nature of the crime of abortion and the various ways in which it may be effected are discussed by all canonists and moralists who comment on the penalties of the Constitution ‘* Apostolice Sedis.’’ The Code does not change the former law on abortion, but it decides the former controversy among can- onists whether the mother who procures abortion in her own ease incurs the penalty, by stating explicitly that the mother is not excepted from the penalty. As to accomplices in the crime, there was also much uncertainty, but the Code gives one uni- versal rule about participation in crimes forbidden under pen- alty of the law by stating that all participants who share in the execution of the crime in the manner pointed out in Canon 500 A PRACTICAL COMMENTARY 2209, §§ 1-3, incur the same penalty as the principal perpetra- tors (efr. Canon 2231). There is some controversy among commentators of the Code as to whether grave fear excuses from the censure (e.g., when an unmarried woman is driven to abor- tion by the fear of exposing her guilt, or if the husband by threats or continued molestation forces the wife to the crime) .”® From Canon 2229, § 3, n. 3, one may justly conclude that grave fear does excuse from penalties latw sententiw, unless the crime amounts to the contempt of the faith or prejudices the spir- itual welfare of the public. As, however, abortion is usually a secret crime against the life of the unborn child, it cannot be said that it belongs to the class of crimes which do public injury to the spiritual welfare of the people. Suicide and attempted suicide are forbidden under penal sanctions. Canon 2212 states that when the attempt of a erime is visited in law with a special penalty, the attempt con- stitutes a true offense. Canon 2350, § 2, makes the attempt of suicide an offense in law by specifying the penalties for such an attempt. The Code does not inflict a penalty late sententie on suicide or attempted suicide, but commits the judgment of the culpability of the act to the respective Ordinaries. DUEL 2206. Besides the penalty of Canon 1240, n. 4, persons who fight or merely challenge to a duel, or accept the challenge, or aid or favor it in any manner, or purposely are present as spectators, or permit it, or do not in so far as they can forbid it, automatically incur excommunication reserved simply to the Apostolic See, no matter what their dignity may be. The prin- cipals and their seconds are in addition automatically branded with infamy (Canon 2351). The Constitution ‘‘ Apostolic Sedis’’ pronounced the same censures against the principals, accomplices, spectators, ete., of a duel, and adds the penalty of infamy against the duelling parties and their seconds. The Constitution ‘‘Detestabilem”’ of Pope Benedict XIV, November 10, 1752, decreed that all duel- lists who died from a wound received in the duel should be deprived of ecclesiastical burial, though they had given signs of 76 Vermeersch-Creusen, ‘‘Epitome,’’ IIT, n. 551. CANONS 2351-2353 501 repentance and been absolved from the sin and censure. The Code permits ecclesiastical burial, if signs of repentance are given (cfr. Canon 1240). UnNgust CoERCING oF PERSONS TO EMBRACE THE CLERICAL OR RELIGIOUS STATES 2207. Excommunication, not reserved, is automatically vis- ited upon all persons, of whatever dignity, who in any manner force either a man to embrace the clerical state or man or woman to enter a religious organization, or to make religious profes- sion of solemn or simple, perpetual or temporary vows (Canon 2302). The Church demands that the candidates for the clerical and the religious state be absolutely free in offering their lives to the service of God and the Church. Canon 214 rules that, if a man proves that he was constrained by grave fear to receive major orders, he can obtain release from the obligations of the major orders and return to secular life. Canons 542 and 572 state that the reception into the novitiate and the profession of vows are invalid, if either of these steps was taken because of grave fear. ABDUCTION 2208. Men who, with a view to marriage or for the gratifica- tion of lust, carry off a woman by force or deceit against her will, or a woman of minor age who consents to elope without the knowledge or against the objection of her parents or guar- dian, are automatically deprived of the right to legal ecclesiasti- cal actions, and shall moreover be chastized with other penalties in proportion to the gravity of their guilt (Canon 2353). On the marriage impediment of abduction, cfr. Canon 1074 (Volume I, n. 1061). In the case of the impediment of marriage, the forcible detention of a woman in the place of her residence or in a place to which she came of her own free will, is equivalent to abduction; in the penalty, however, abduction must be taken in its natural and obvious meaning. 502 A PRACTICAL COMMENTARY OFFENSES AGAINST Lire, LIBERTY AND PROPERTY 2209. A lay person who has been legitimately declared guilty of the crime of homicide, of abduction of minors of either sex, of selling a human being as a slave or for any other evil pur- pose, of usury, robbery, theft under aggravating circumstances changing the species of sin (e.g., theft of things sacred) or ordi- nary theft in a very grave matter, of incendiarism or malicious and very grievous destruction of things, of grave mutilation or wounding or violence, shall automatically be deprived of the right to legal ecclesiastical actions and of every position which he may have in the Church, besides the obligation of repairing the damages (Canon 2354, § 1). If a cleric has committed any of the crimes enumerated in the first paragraph of this Canon, he shall be punished by the ecclesiastical court in proportion to his guilt with penanees, cen- sures, deprivation of office, benefice and dignity, and even with deposition, if the circumstances demand it; if he has been guilty of culpable homicide, he shall be degraded (Canon 2354, § 2). Regarding the deposition and degradation of clerics, Canons 2308, § 3, and 2305 rule that these penalties may be inflicted only for crimes to which the law attaches those penalties. VERBAL INJURY TO OTHERS 2210. A person who inflicts injury upon another, not by bodily attack, but by words or writings or in any other manner, or who damages his good reputation, may not only be forced in accordance with Canons 1618 and 1938 to make due satis- faction and repair the damages done, but may in addition be punished with appropriate penalties and penances. If the of- fender be a cleric, and the gravity of the offense demands it, he may be punished even with suspension or removal from office and benefice (Canon 2355). BIGAMY 2211. Persons guilty of bigamy—that is, an attempted mar- riage, even by a mere civil ceremony, by persons validly married —are automatically branded with infamy. If they do not heed CANONS 2354-2359 503 the admonition of the Ordinary, but continue to live in the unlawful union, they are to be punished, according to the grav- ity of their guilt, either with excommunication or personal inter- dict (Canon 2356). OFFENSES AGAINST CHASTITY 2212. Lay persons who have been legitimately declared guilty of the commission of crimes against the sixth commandment with minors under sixteen years of age, or of rape, sodomy, incest, or traffic in vice (lenocinium), are automatically branded with infamy, besides incurring the other penalties which the Ordinary may think proper to impose (Canon 2357, §1). Persons who have committed a public crime of adultery, or who publicly live in concubinage, or who have been legitimately condemned of other offenses against the sixth commandment, shall be excluded from legal ecclesiastical acts until they have given signs of true repentance (Canon 2357, § 2). 2213. Clerics in minor orders who commit an offense against the sixth commandment shall be punished in proportion to the gravity of their guilt, and even with discharge from the clerical state, if the circumstances of the offense merit this penalty; they are in addition liable to the penalties of Canon 2357, if the offense is one of those specified in that Canon (Canon 2358). 2214. Clerics in major orders, either secular or religious, who are guilty of concubinage and have not heeded the admonition to amend, shall be forced to abandon the illicit cohabitation and to repair the scandal by suspension a divims and deprivation of the income of their office, benefice, or dignity, with the observ- ance of the precepts of Canons 2176-2181 (Canon 2359, §1). If they have committed an offense against the sixth com- mandment with minors under sixteen years of age, or been guilty of adultery, rape, bestiality, sodomy, traffic in vice, or incest with blood-relatives or relations by marriage in the first degree, they shall be suspended, declared infamous, deprived of every office, benefice, dignity, or position that they may hold, and in more grievous cases they shall be deposed (Canon 2359, § 2). If they have sinned against the sixth commandment in other ways, they shall be corrected with appropriate penalties in pro- portion to the gravity of their sin, even with deprivation of 504 A PRACTICAL COMMENTARY office or benefice, especially if they have the care of souls (Canon 2359, § 3). TITLE XV OF FORGERY AND OTHER FALSEHOODS FORGERY OF PAPAL DOCUMENTS 2215. All persons who forge or falsify letters, decrees or reseripts of the Apostolic See, or with full knowledge of the forgery make use of the letters, decrees or rescripts, automati- cally incur excommunication reserved in a special manner to the Apostolic See (Canon 2860, § 1). Clerics who are guilty of the above-mentioned offense shall in addition be punished with other penalties, which may even extend to deprivation of benefice, office, dignity and ecclesiastical pension. Religious shall be deprived of all offices which they hold in the religious organization and of an active and passive vote, and are lable in addition to other penalties decreed by the constitutions of the respective organization (Canon 2360). The law of the Code protects the official acts or documents not only of the Supreme Pontiff himself but also of the Sacred Congregations and the Tribunals and Offices of the Holy See against forgery and mutilation, and the wilful use of forged or mutilated documents of the Apostolic See. The Constitution “Apostolic Sedis’’ protected with penal sanctions the docu- ments of the Supreme Pontiff only. FRAuD IN PETITION FoR RESCRIPTS 2216. If, in the petition for a reseript addressed to the Apos- tolic See or to a local Ordinary, any person fraudulently or deceitfully withholds the truth or states a falsehood, he may be punished by his Ordinary in proportion to the gravity of guilt, without prejudice to the concession of Canons 45 and 1054 (Canon 2361). ForGEeRY OF ECCLESIASTICAL DOCUMENTS AND RECORDS 2217. Persons who forge or falsify ecclesiastical letters or acts, either public or private, or make use of them with full CANONS 23860-2363 505 knowledge of the forgery, shall be punished in proportion to the gravity of guilt, without prejudice to the precepts of Canon 2406, § 1 (Canon 2362). Here are included all documents, rec- ords, reports, certificates, and other ecclesiastical instruments, publie or private, issued by ecclesiastical authority. Under the name of private ecclesiastical acts or documents come, for ex- ample, deeds of purchase, sale of ecclesiastical property, docu- ments of concession of privileges, favors, and dispensations, delivered to and possessed by private persons. Fase ACCUSATION OF SOLICITATION AGAINST CONFESSOR 2218. If anyone, either in person or through others, falsely denounces a confessor to the superiors as guilty of solicitation, he automatically incurs excommunication reserved in a special manner to the Apostolic See. From this penalty he can in no case be absolved, until he has formally retracted the false de- nunciation and has, in so far as he is able, repaired the damages, if any were caused by his crime. Moreover, severe and lasting penances are to be imposed. The precept of Canon 894, which reserves the sin of false denunciation to the Apostolic See if perchance the censure of Canon 2363 was not incurred through ignorance or other excuse admitted in law, is not affected by this Canon (Canon 2363). Because of the severe penalties visited on a confessor who abuses his office to solicit penitents to sin of impurity (cfr. Canons 904 and 2368), the Holy See sternly condemns the false accusation of a confessor to the ecclesiastical superiors (who, in this matter, are the Holy Office and the local Ordinaries) ; the judices ecclesiastici of Canon 894 (cfr. Volume I, n. 805) seem to be identical with the superiores of Canon 2363.77 The abso- lution from the censure or the sin of false denunciation cannot be given, until the penitent has retracted the calumny against the confessor by a formal statement made either to the Holy Office or to the local Ordinary or to a priest delegated by either. In danger of death the penitent may indeed be absolved, but he must repair the calumny either by declaring before two witnesses that he falsely denounced the confessor or by a written state- 77 Vermeersch-Creusen, ‘‘Epitome,’’ III, n. 565. Cerato, ‘‘De Delicto Sollicitationis,’’ n. 129, understands Canon 894 of strictly speaking judicial denunciation and Canon 2363 of non-judicial denunciation, 506 A PRACTICAL COMMENTARY ment signed by him; if he were not willing to undo the harm caused by his calumny, he would not be in a proper disposition to receive absolution. Commentators discuss the question whether absolution can be given by an ordinary confessor in more urgent cases (cfr. Canon 2254) before the penitent has made a formal retraction of his calumny. It seems that, when the penitent has incurred the censure of Canon 2363, the con- cession of Canon 2254 may be applied; but the confessor who absolves must enforce the obligation of the penitent to make retraction. If the penitent has not incurred the censure by his false denunciation but only committed a sin reserved to the Holy See (cfr. Canon 894), Canon 900 may be apphed, which states that every reservation of sins ceases in the cases mentioned there (cfr. Volume I, n. 813). Cerato 78 holds that Canon 900 applies to episcopal reserved sins only, because, he Says, it 1s evident from the context and the subject matter of Canon 900 that it has reference to episcopal reserved sing only; other commenta- tors 7° apply Canon 900 to all reserved sins without distinction, which seems justified by the wording of the law. 2219. Another question raised by commentators in connection with the reservation of false denunciation is whether ignorance excuses (1) from the censure, and (2) from the reservation of the sin. All agree that ignorance of the censure of Canon 2363 excuses from it, provided it is not crass or supine ignorance (cfr. Canon 2229, § 3, n.1). Whether ignorance of the reserva- tion of a sin excuses from the reservation is much disputed by canonists, both those who wrote before and those who wrote after the promulgation of the Code. Some authors eall the reservation of the sin of false denunciation a medicinal penalty, and therefore apply to it the principle of Canon 2229, § 3, n. 1, that ignorance which is not crass or supine excuse from the penalty. The reason they give is that, in the Constitution ‘“‘Sacramentum Poenitentie,’? Pope Benedict XIV ealls the reservation in question a penalty ordained by law for the pur- pose of discouraging the commission of the sin of false denuncia- tion. Nevertheless, inasmuch as the Code ealls it a restriction of the power of the confessor, not a penalty (cfr. Canon 893), 78 De Delicto Sollicitationis, n. 131, and n. 4. 79 Vermeersch-Creusen, ‘‘Epitome,’’ II, n. 179; De Smet, ‘‘De abso- lutione complicis et sollicitatione,’’ n. 137. CANONS 2364-2366 507 it is immaterial whether the penitent knows or does not know of the reservation, for it directly affects the power of absolu- tion of the confessor. TITLE XVI OF OFFENSES COMMITTED IN THE ADMINISTRATION OR RECEPTION OF ORDERS AND OTHER SACRAMENTS 2220. The minister who dares to administer the Sacraments to persons who are forbidden either by the divine or the ecclesi- astical law to receive them, shall be suspended from the admin- istration of the Sacraments for a period of time to be prudently determined by the Ordinary, and punished with other penalties in proportion to the gravity of his guilt, without prejudice to the special penalties decreed by law for certain offenses of this kind (Canon 2364). ATTEMPT TO ADMINISTER CONFIRMATION 2221. A priest who, neither by law nor by concession of the Roman Pontiff, has the faculty to administer the Sacrament of Confirmation, and yet dares to administer this sacrament, shall be suspended. A priest who presumes to administer Confirma- tion beyond the limits of the faculty conceded to him, is auto- matically deprived of such faculty (Canon 2365). On the faculty to administer Confirmation given by law, efr. Canons 239, §1, n. 23 (Cardinals), and 782 (abbots and prelates nullius, vicars and prefects Apostolic). HEARING OF CONFESSIONS WITHOUT FACULTIES 2222. A priest who presumes to hear sacramental confessions without the necessary jurisdiction is automatically suspended a divinis; he who presumes to absolve from reserved sins (with- out the necessary jurisdiction over those sins), is automatically suspended from the hearing of confessions (Canon 2366). If the priest hears confessions when he has a positive and probable doubt (cfr. Canon 209) as to whether he has faculties, or whether they extend to a certain reserved case, he may hear confessions, or absolve from reserved sins, for the law supplies 508 A PRACTICAL COMMENTARY jurisdiction ; the same is to be said in the case of common error (cfr. Volume I, nn. 161-162). Since the penalties of Canon 2366 are not contracted by a priest unless he acts presumptu- ously, ignorance of the prohibition or the penalty (provided it be not affected ignorance) and all circumstances which impede full knowledge or deliberation excuse him from the penalties (cfr. Canon 2229, §2). The penalties are not reserved: where- fore, if they have been incurred, every confessor can absolve from them. : ABSOLUTION OF ONE’s ACCOMPLICE IN SINS oF ImpPpuriIry 2223. A priest who absolves or pretends to absolve his ac- complice in a sin of impurity automatically ineurs exeommuni- cation reserved in a most special manner to the Apostolic See. Even if the absolution is given in a case of danger of death, the priest becomes liable for the penalty, if another priest, though not approved for confessions, can hear the dying per- son’s confession without occasloning grave infamy or scandal. If the dying person refuses to confess to another priest, the sacerdos complex may absolve his accomplice without incurring the excommunication (Canon 2367, § 1). The same penalty is incurred by a priest who absolves or pretends to absolve his accomplice, who does not even confess the sin of complicity from which he (or she) has not yet been absolved for the reason that the confessarius complex has di- rectly or indirectly induced the penitent to omit confessing the sin (Canon 2367, § 2). The Code practically repeats the law of the Constitution ‘‘ Apostolic Sedis,’’? together with several declarations of the Holy See on the censure incurred by a priest who absolves or pretends to absolve his accomplice in a sin of impurity. Conse- quently, the commentaries of canonists and moralists on the Constitution ‘‘Apostolicw Sedis’’ may be consulted for further details. The excommunication of this Constitution was specially reserved to the Holy See, and the Code reserves it in a most special manner. The first general law, which forbade under penalty of cpso facto excommunication the absolution of one’s own accomplice, was enacted by Pope Benedict XIV in his Constitution ‘‘Sacramentum Penitentix,’? That document said CANONS 2367-2369 509 that the censure was incurred by the priest who dares or pre- sumes to absolve. The Constitution ‘‘Apostolice Sedis’’ and the Code have dropped the terms dare or presume, wherefore erass and supine ignorance of the law or its penalty does not excuse from the censure, but ignorance which is not crass or supine does excuse (cfr. Canon 2229, §3, n. 1). The crass or supine ignorance is caused by the grave and culpable negligence in acquiring due knowledge (cfr. Commentary, II, n. 2069). 2224, The priest who commits the crime of solicitation speci- fied in Canon 904 shall be suspended from the celebration of Mass and from hearing sacramental confessions, and, if the gravity of his offense demands, shall be declared disqualified for the hearing of confessions. He shall also be deprived of all benefices and dignities, and of an active and passive vote, and be declared disqualified for all these, and in more serious cases he shall be punished with degradation (Canon 2368, §1). The faithful who knowingly neglect to denounce within one month a priest by whom they were solicited, as prescribed by Canon 904, automatically incur excommunication not reserved to anyone, but they may not be absolved until after they have satisfied their obligation, or have solemnly promised that they will satisfy it (Canon 2368, § 2). The obligation to denounce the priest and the censure in- curred by neglect of the denunciation are taken from the law of the Constitution ‘‘Apostolice Sedis’’ and the Constitution ‘‘Sacramentum Peenitentie’’ of Pope Benedict XIV. Since the Code does not in any manner modify the former law, the com- mentaries of canonists and moralists on the said Constitutions may be consulted to ascertain the circumstances under which the penitent is obliged to denounce the priest who has solicited to a sin of impurity in connection with confession. VIOLATION OF THE SEAL OF CONFESSION 9225. A confessor who presumes to violate directly the seal of confession, shall incur excommunication reserved in a most special manner to the Apostolic See; he who violates it indi- rectly only, shall be liable to the penalties of Canon 2368, § 1 (Canon 2369, § 1). Whosoever rashly violates the precept of Canon 889, 510 A PRACTICAL COMMENTARY shall be punished with a salutary penalty, even excommunica- tion, In proportion to his guilt (Canon 2369, § 2). The direct and indirect violation of the seal of confession is explained by all text-books of moral theology. Though the obligation to keep the secret extends to all persons who in any manner obtain knowledge of sacramental confession (e.¢., per- sons standing near the confessional who hear what the penitent confesses), the penalty of excommunication for the violation of the secret of confession falls on the confessor only; other per- sons who violate the secret of confession, are in accordance with Canon 2369, § 2, to be punished by the Ordinary in proportion to their guilt. A penitent who divulges his «own confession does not, of course, violate the secret: of confession, for both the divine and the ecclesiastical law protect his confession as a private right; he may sacrifice that right if he so desires. The censure of excommunication for the direct violation of the seal of confession is new in the Code, though the Church has always punished most severely any violations of the seal of confession.*®° The phrase ‘‘manet excommunicatio specialissimo modo Sedi Apostolice reservata’’ is unusual in denoting an excommunication which is incurred automatically. The verb ‘“‘manet’’ does not necessarily indicate automatic excommunica- tion, but the fact that the Code makes the censure reserved to the Apostolic See goes to show that automatic excommunication is meant, for, as Vermeersch-Creusen remark,*? it is foreign to ecclesiastical court procedure to reserve penalties ferend@ sen- tentie to the Holy See. The commentators on the Code almost unanimously teach that the excommunication is incurred auto- matically. CONSECRATION OF BISHOP WITHOUT PAPAL MANDATE 2226. A bishop who consecrates another bishop, the assistant bishops, or the priests who in place of the assistant bishops assist the consecrator, and the newly consecrated bishop who | receives consecration without an Apostolic mandate in violation of the precept of Canon 953, are all automatically suspended 80 Decretales Gregor IX, ¢ 12, De penitentiis et remissionibus, lib. V, tit. 38. 81 Hpitome, III, n. 408. CANONS 2370-2371 511 until the Apostolic See shall have relieved them from the pen- alty (Canon 2370). The Sacred Congregation of the Council, December 15, 1657, declared that it was not sufficient that one has knowledge of the granting of the Apostolic mandate and of the fact that it has been mailed,®? and Canon 53 speaking of rescripts generally rules that nobody may execute a rescript before he has received the document, and has examined into its authenticity and in- tegrity, unless an official notice has been given in advance by the authority of the author of the rescript. SIMONY IN THE ADMINISTRATION AND RECEPTION OF THE SACRAMENTS 2227. All persons, including those of the episcopal dignity, who through simony knowingly promote a man or are promoted to orders, or who administer or receive other sacraments through simony, are suspected of heresy; clerics, moreover, incur sus- pension reserved to the Apostolic See (Canon 2371). Canons 726-730 contain a definition of the nature of simony (cfr. Volume I, nn. 613-617) ; the crime of suspicion of heresy is defined in Canon 2315 (cfr, above, n. 2159). The administra- tion and reception of first tonsure, minor and major orders, or any of the sacraments through simony, makes the administering bishop or priest and the recipient liable to the penalties ferendw sententie of Canon 2315 (suspicion of heresy), and bishops and clerics automatically incur suspension reserved to the Apostolic See. In accordance with Canon 2227, bishops do not incur the late sententwe penalties of suspension and interdict unless they are explicitly mentioned as in Canon 2371. RECEPTION OF ORDERS FROM UNWORTHY PRELATES 2228. All persons who presume to receive orders from a pre- late who has been excommunicated, suspended or interdicted by a declaratory or condemnatory sentence, or from a notorious apostate, heretic or schismatic, automatically incur suspension a diwinis reserved to the Apostolic See. Any person who has been ordained in good faith by such men, forfeits the right to 82 Sole, ‘‘De Delictis et Penis,’’ n. 428. 512 A PRACTICAL COMMENTARY exercise the order thus received until he obtains a dispensation from the prohibition (Canon 2372). The recipient of orders does not incur the suspension unless he has full knowledge of the excommunication, suspension or interdict which has been pronounced against the ordaining min- ister, or unless he is fully aware of the apostasy, heresy. or schism of the minister. If the recipient of orders acted in good faith, he does not indeed ineur a penalty, because no penalty is inflicted without guilt; but he incurs an impediment to the exer- cise of the order or orders which he received from the above-men- tioned men. The impediment can be dispensed from by his own Ordinary, because the Code does not reserve the dispensation to the Holy See. The Constitution ‘‘ Apostolicae Sedis’’ pro- hibited the reception of orders from the above ministers under pain of suspension from the order received, and forbade the exercise of the orders received in good faith, until the recipients were dispensed from the impediment. Neither censure nor im- pediment was reserved to the Apostolic See by the Constitution. If a person who has been nominated bishop by the Apostolic See, or whose election, presentation, etce., has been confirmed by the Apostolic See, should have himself consecrated by any of the men mentioned in Canon 2372, he would not incur the penalty of that Canon, because by the Apostolic appointment he becomes a bishop, and bishops do not incur ipso facto pen- alties of suspension or interdict unless they are explicitly men- tioned (cfr. Canon 2227, § 2).88 Inuicir CONFERRING OF ORDERS 2229. Suspension from the conferring of orders for one year reserved to the Apostolic See is automatically incurred: (1) by one who, in violation of the precept of Canon 955, ordains a subject of another Ordinary without the dimissorial letters of his proper Ordinary; (2) by one who, in violation of Canons 993, n. 4, and 994, ordains his own subject who has lived elsewhere for such a length of time that he could have contracted there a canonical impediment (i.e., without obtaining the testimonial letters from the local Ordinary of such place or places) ; 83 Eichmann, ‘‘Das Strafrecht,’’ 208. CANONS 2372-2374 513 (3) by one who, in violation of the precept of Canon 974, n. 7, ordains a man to major orders without a canonical title; (4) by one who ordains a religious belonging to a religious house outside the territory of the ordaining prelate, even though the candidate presents dimissorial letters of his own proper su- perior, unless it has been legitimately proved that there is one of the reasons mentioned in Canon 966 for which the religious su- perior may present his subjects to other than the bishop of the place where the religious house in which the candidate resides is located; if a religious organization has a privilege in virtue of which the superiors are free to send their candidates to any bishop, such privilege remains intact (Canon 2373). For ex- planation of the various points of Canon 2373, cfr. the Canons here referred to. Tuuicir RECEPTION OF ORDERS 2230. A man who maliciousiy presents himself for ordina- tion without dimissorial letters or with forged letters, or before he has attained the canonical age, or for ordination per saltum (1.e., without having received the previous order or orders; e.g., for subdeaconship without having received all of the minor orders), is automatically suspended from the order unlawfully received. A man who presents himself for ordination without the testimonial letters or when he is under a censure, irregu- larity or other impediment, shall be chastized with severe pen- alties according to the circumstances of the case (Canon 2374). On dimissorial letters, cfr. Canons 955, 958-963, 964; on the canonical age, Canons 974-975; on receiving the various orders in proper succession, Canon 977; on the requisite testi- monial letters, Canons 993-1001. If the candidate has incurred a censure by an occult offense, he is not forbidden to present himself for ordination, if by staying away from the ordination he would betray his offense (cfr. Canon 2232). The same may be said of an irregularity incurred by an occult offense, for, though an irregularity from crime is not a penalty properly so called, it is nevertheless inflicted after the manner of a pen- alty.* 84 Vermeersch-Creusen, ‘‘Epitome,’’ III, n. 426. 514 A PRACTICAL COMMENTARY Mrxep MARRIAGE WITHOUT DISPENSATION 9231. Catholics who dare to contract a mixed marriage, though validly, without a dispensation of the Church, are auto- matically deprived of the right to exercise legal ecclesiastical acts and to receive the sacramentals, until they have obtained a dispensation from the penalties from the Ordinary (Canon 2375). A marriage of a Catholic with a baptized non-Catholic, it contracted without the presence of an authorized priest, is ordi- narily invalid (efr. Canon 1094), with the exception of the cases described in Canons 1098-1099. If a Catholic and a baptized non-Catholic deceive the priest by representing themselves as Catholics, and are married by a duly authorized priest, the marriage without dispensation from the impediment of mixed religion is valid, but the Catholie who knew of the prohibition of mixed marriages and the penalties for neglecting to obtain -the dispensation becomes liable to the punishments of Canon 9375, from which the Ordinary can release him. It need not be stated that the promises which the Church demands in mar- riages with non-Catholies, baptized or unbaptized, have to be made by the parties before the Catholic can be absolved from the grievous violation of the law of the Church. If the non- Catholic party absolutely refuses to make the promises, but the Catholic is sincerely repentant and promises to do all in his power to raise the children as Catholics, the Ordinary can allow the Catholic to receive the Sacraments.*° TITLE XVII OF OFFENSES AGAINST THE OBLIGATIONS PROPER TO THE CLERICAL AND RELIGIOUS STATES 2232. Priests who have neither been dispensed by the Ordi- nary nor are legitimately impeded from making the examina- tion spoken of in Canon 130 (yearly examination for three years after ordination to the priesthood), and who refuse to submit to the examination, shall be forced to do so by the Ordinary with appropriate penalties (Canon 2376). 85 Sole, ‘‘De Delictis et Peenis,’’ n. 436. CANONS 2375-2378 515 ABSENCE FROM THE DIOCESAN CONFERENCES OF PRIESTS 2233. Priests who, in violation of the precept of Canon 131, stubbornly refuse to attend the conferences, shall be pun- ished at the discretion of the Ordinary; if they are religious who have the faculties of the diocese, but do not have the care of souls (as pastors or in positions held equivalent in law to the pastorate), the Ordinary shall suspend them from hearing the confessions of seculars (Canon 2377). On the diocesan conferences of priests, cfr. Canon 131 (Volume I, n. 100). In discussing that Canon we had expressed the opinion followed by some canonists that the assistants of the religious pastor also come under the heading of those who have the care of souls (curam animarum habentes). It seems, however, that those priests only are meant by that phrase who have the care of souls in the official capacity of a pastor or of men held equivalent in law to pastors (cfr. Canon 451).8° Stub- born refusal (contumaces) implies that a canonical admonition (cfr. Canon 2309) to appear at the conference has preceded. CARELESSNESS IN THE PERFORMANCE OF RITES AND CEREMONIES 2234, Clerics in major orders who gravely neglect the rites and ceremonies prescribed by the Church in the sacred min- istry, and who despite admonition do not amend, shall be sus- pended in proportion to the gravity of guilt in the individual cases (Canon 2378). The dignity of the public cult offered to God by the Church through her ministers demands a faithful and devout perform- ance of the sacred rites and ceremonies. Consequently, the Church strictly forbids her ministers to introduce into the pub- le worship prayers and ceremonies of their own, and demands rigid adherence to the prescribed prayers and ceremonies. All arbitrary modification of the prescribed rites is condemned by the Church as an abuse, and the Ordinaries have the duty of stopping such abuses. The more frequent and the more im- portant such arbitrary deviations from the prescribed rites and ceremonies are, the more serious is the offense. 86 Fanfani, ‘‘De iure religiosorum’’ (ed. 1925), n. 453; Vermeersch- Creusen, ‘‘ Epitome,’’ I, n. 203, III, n. 581. 516 A PRACTICAL COMMENTARY DISCARDING THE CLERICAL GARB 9235. Clerics who, in violation of the precept of Canon 136, do not wear the. clerical garb and tonsure, shall be severely admonished. If they have not obeyed within a month from receiving the admonition, clerics in minor orders automatically eease to be clerics in accordance with Canon 186. Clerics in major orders, besides forfeiting ipso facto and without the need of any declaration every office which they hold (efr. Canon 188, n. 7), shall be suspended from the orders which they have received: if they openly enter upon a course of life incom- patible with the clerical state, they shall be given a second admonition, and, if they spurn this warning, shall after the lapse of three months from the second admonition be deposed (Canon 2379). Crerics ENGAGING IN WorLDLY BusINESS ENTERPRISES FORBIDDEN TO THE CLERGY 9936. Clerics or religious who either in person or through others engage in trading and business in violation of the precept of Canon 142, shall be punished by the Ordinary with appro- priate penalties in proportion to the gravity of their guilt (Canon 2380). For explanation of trading and business for- bidden to clerics, cfr. Canon 142 (Volume I, n. 113). The penalties of the former law * against missionaries engaging in secular business or trade have been dropped by the Code. VIOLATION OF THE LAW oF RESIDENCE 9937. All who hold an office, benefice, or dignity, to which the obligation of residence is attached, and who absent them- selves unlawfully, incur the following penalties: (1) they are automatically deprived of all the fruits or revenue of their benefice or office in proportion to the time of illegitimate absence, and they must give that part of the income to the Ordinary, who shall devote it to some church, or pious institute, or the poor; st Sacred Congregation of the Propaganda, March 29, 1873 (Collect. de Prop, Fide, Il, n. 1398). CANONS 2379-2381 517 (2) they shall be deprived of the office, benefice, dignity, in accordance with Canons 2168-2175 (Canon 2381). The obligation of residence binds Cardinals (Canon 288), local Ordinaries (bishops, Canon 338; Apostolic vicars and pre- feets, Canon 301; administrators Apostolic, Canon 315; prelates nullius, Canon 323), coadjutors of bishops (Canon 354), vicars- capitular (Canon 440), canons (Canon 418), vicars-forane or deans (Canon 448), pastors (Canon 465), priests who take the place of the pastor (Canons 471-475), assistants of a pastor (Canon 476). Canon 2381 states that all who illegitimately absent themselves lose right and title to the income or salary (i.e., to the portion which corresponds to the time of absence), and must give it to the Ordinary to be devoted to the purposes specified in the Canon. If the Ordinary violates the law of residence by absenting himself for six months without legitimate excuse, the archbishop of the respective ecclesiastical province is obliged to denounce him to the Apostolic See (cfr. Canon 338). Some commentators maintain that a cleric who has vio- lated the law of residence need not forward to the bishop the portion of the income of his office or benefice which he has forfeited by his offense, but may himself devote it to the poor or some charitable institute, if he would defame himself by forwarding the money to the Ordinary.*® It may, perhaps, be admitted that, if the Ordinary does not know of the violation, the priest is not obliged to confess his unlawful absence (cfr. Canon 2232), but may dispose of the income which he cannot appropriate as Canon 2381 directs. However, the fact of his illegitimate absence can be easily ascertained by the Ordinary, and, if he does discover it and orders him to surrender the income in proportion to his absence, the priest cannot plead satisfaction of his obligation made by himself, for the bishop can insist on satisfaction being made in the manner appointed by the Code. The manner of procedure against clerics violating the obligation of residence is outlined in Canons 2168-2175. NEGLIGENCE OF PASTOR IN THE CARE oF SOULS 9238. If a pastor gravely neglects the administration of the sacraments, care of the sick, instruction of the children and the 88 Vermeersch-Creusen, ‘‘Epitome,’’ IIT, n. 585. 518 A PRACTICAL COMMENTARY 5 people, preaching on Sundays and other holydays of obligation, or the custody of the parochial church, the Blessed Sacrament and the holy oils, the Ordinary shall proceed against him in the manner specified in Canons 2182-2185 (Canon 2382). CARELESSNESS OF PASTOR IN KEEPING THE PAROCHIAL RECORDS 9939. A pastor who does not keep or preserve the parochial records diligently, as prescribed by law, shall be punished by his proper Ordinary in proportion to the gravity of his guilt (Canon 2383). Canon 470 demands that the pastor keep the records of the baptisms, confirmations, marriages and deaths, and the census records (cfr. Volume I, n. 348). NEGLIGENCE IN OFFICE OF THE CANON THEOLOGIAN AND CANON PENITENTIARY 9940. The canon theologian and canon penitentiary who are neglectful in their attendance to the duties of their office shall be compelled to do their duty by proceeding against them gradually with admonitions, threats of penalties, and deprivation of part of their salaries which is to be assigned to those who do the work in their place. If they have persisted in their neglect for a whole year, the Ordinary shall after previous admonition punish them with suspension from their benefice ; if they continue in their neglect for six more months, he shall deprive them of the benefice itself (Canon 2384). APOSTASY FROM RELIGIOUS LIFE 9941. Without prejudice to the precepts of Canon 646, a religious who apostatizes from the religious organization auto- matically imeurs excommunication reserved to his proper major superior, or, if the religious organization is a laical community or non-exempt, to the local Ordinary of the place where the apostate religious stays ; he is also deprived of the right to legal ecclesiastical acts and all the privileges of his organization. When he returns, he is for ever deprived of an active and pas- sive vote, and shall moreover be punished with other penalties by his superiors in proportion to the eravity of his guilt in CANONS 2382-2387 519 accordance with the constitutions of the respective organization (Canon 2385). Canon 646 enumerates certain cases of apostasy by which the religious is automatically considered dismissed. Canon 644 authoritatively defines apostasy from religious life (efr. Volume I, nn. 561-562). FLIGHT FROM ReEuicious LIFE 2242. A veligious who deserts the religious house without the permission of his superiors with the intention of returning is called a fugitive in law. He automatically incurs deprivation of any office he holds in the religious organization, and, if he is a cleric in major orders, incurs suspension reserved to his proper major superior. When he returns, he shall be punished in the manner indicated by the constitutions of the respective organi- zation, and, if the constitutions do not provide for such a ease, the major superior shall inflict penalties (at his discretion) in proportion to the gravity of his guilt (Canon 2386). Canon 644 defines who is meant by ‘‘fugitivus’”’ (cfr. Volume I, n. 563). As to the reservation of the suspension, Canon 2386 merely states that, when the fugitive is a cleric in major orders, the suspension is reserved to his major superior, but it does not specify (as is done in Canon 2385) that the major superior of clerical exempt organizations is meant. Wherefore, Vermeersch-Creusen seem justified in the inference that the major superiors of all clerical religious organizations are meant in Canon 2386.°° RELIGIOUS PROFESSION BY DECEIT 2243. A religious cleric whose profession has been declared null and void for reason of fraud or deceit shall, if he is in minor orders, be expelled from the clerical state; if he is in major orders, he is automatically suspended until the Apostolic See shall see fit to release him from the penalty (Canon 2387). Canon 572, n. 4, rules that the profession to which a religious obtains admission through deceit is invalid (cfr. Volume I, n. 478). The deceit must be in reference to a serious matter, - which is of such a nature that the organization would not have 89 Hpitome, III, n. 590. 520 A PRACTICAL COMMENTARY admitted the religious to profession if it had been acquainted with it. Members of communities living after the manner of religious but without vows, are not religious in the legal meaning of the term. Nevertheless, the Committee for the Authentic Inter- pretation of the Code declared that the members of all clerical communities are subject to the precepts of Canons 2386 and yea teil boar VIOLATION OF THE OBLIGATION OF CELIBACY 9944, Clerics in major orders and regulars or nuns who have made the solemn vow of chastity, and all persons who presume to contract marriage, even by mere civil ceremony, with the aforesaid clerics, regulars and nuns, automatically incur excom- munication reserved simply to the Apostolic See. Moreover, eleries who have been admonished by the Ordinary and do not repent within the time specified by the Ordinary according to the circumstances of the ease, shall be degraded. Here also ap- plies the rule of Canon 188, n. 5, in virtue of which clerics auto- matically forfeit every office which they hold (Canon 2388, § 1). If religious in perpetual simple vows in religious orders or congregations presume to contract marriage, they and the per- sons who marry them automatically incur excommunication reserved to the Ordinary (Canon 2388, § 2). In the Constitution ‘‘Apostolice Sedis,’’ the attempted mar- riage of clerics in major orders and of religious men and women in solemn vows was punished with excommunication reserved to the Ordinary ; their partners in the attempted marriage were also liable to the excommunication. The excommunication of the Code against religious in perpetual simple vows and their part- | ners is new. | Commentators on the Constitution ‘‘ Apostolice Sedis’’ and on the Code debate whether the parties incur the excommuni- cation, if one of them or both give fictitious consent. It seems reasonable to say that, if true consent is absent and the lack of it can be proved in the external forum, the parties do not incur the excommunication, for, without a consent which would be naturally sufficient for a valid marriage, there is no real 90 June 2-3, 1918 (Acta Ap. Sedis, X, 347). CANONS 2388-2389 521 attempt of marriage.*t If an attempted marriage of a cleric in major orders or of a solemnly professed religious is invalid, not only for reason of the diriment impediment of sacred orders or solemn religious profession, but also for reason of some other impediment (e.g., consanguinity, affinity, ete.), the parties do not escape the excommunication as has been declared by the Holy Office. The excommunication is incurred only when the above of- fense is committed with full knowledge of the law, so that even erass and supine ignorance excuses, and also grave fear or any other circumstance (e.g., intoxication), which interferes with full knowledge and deliberation. VIOLATIONS oF CommMuNITY LIFE IN RELIGIOUS ORGANIZATIONS 2245. Religious who violate the law of community life pre- scribed by their constitutions in a notable matter shall be seri- ously admonished: if they do not amend, they shall be punished even with deprivation of an active and passive vote, and, if they are superiors, also with deprivation of office (Canon 23889). The law of the Church for religious demands that all re- ligious follow the community life, even in what pertains to food, clothes and furniture (cfr. Canon 594). The constitutions of each organization determine the particulars of the common life. The Committee for the Authentic Interpretation of the Code declared that Canon 2389 applies also to’ clerical communities without vows, who live after the manner of religious.*? TITLE XVIII OF OFFENSES IN THE CONFERRING OR RECEPTION OF, AND DISMISSAL FROM ECCLESIASTICAL DIG- NITIES, OFFICES AND BENEFICES 2246. Persons who in any manner, either in person or through others, interfere with the liberty of ecclesiastical elec- tions, or who after the completion of the canonical election in 91 Sole, ‘‘De Delictis et Poenis,’’ n. 448; Vermeersch-Creusen, ‘‘Epi- tome,’’ ILI, n. 592; Cerato, ‘‘Censure Vigentes’’ (2nd ed.), n. 64. 92 January 13, 1892 (Collect. de P. F., II, n. 1777). 93 January 2-3, 1918 (Acta Ap. Sedis, X, 347). §22 A PRACTICAL COMMENTARY any manner molest the voters or the person elected, shall be punished in proportion to their guilt (Canon 2390, § 1). If lay persons or the secular authorities unlawfully and in violation of canonical liberty presume to interfere in elections conducted by a college of clerics or religious, the electors who solicited or freely admitted such interference are automatically deprived of the right to vote in that particular election; persons who knowingly assented to being elected in that manner are automatically rendered disqualified for the office or benefice in question (Canon 2390, § 2). All elections, with the exception of the election of the Su- preme Pontiff (cfr. Canon 2330), are subject to Canon 2390. Canon 166 rules that, if lay persons interfere In any manner with the freedom of election, the election is 7pso facto invalid. OFFENSES COMMITTED IN ELECTIONS 9247. A college which knowingly elects an unworthy person is automatically deprived for that particular election of the right to hold a new election (Canon 2391, § 1). Individual electors who knowingly failed to observe the es- sential form of election may be punished by the Ordinary in proportion to their guilt (Canon 2391, § 2). The term ‘‘unworthy’”’ is not the same as the non-idonea persona, who cannot be elected because an impediment of either the common or the particular law prevents his election. Canon 179 provides that, if the electors believe that a certain person who is under some impediment from which a dispensa- tion can be and is usually granted, they can by their votes postulate him. An unworthy person is (e.g.) an excommuni- cated, suspended, or interdicted person, or one who has been punished with deprivation of a passive vote, a person branded with infamy of law or fact, a notorious apostate, heretic, schis- matic, or public sinner. In accordance with the precept of Canon 178, the superior who has the right to confirm the election obtains the right to appoint a person to the office, if the college of electors is penalized by deprivation of the right to elect. If, in countries where clerics or laymen have the right to present or nominate a person for a certain office, they know- ingly present or nominate an unworthy person, they forfeit in CANONS 2390-2393 523 that one instance the right of nomination or presentation. If they present or nominate a persona non-idoenea (cfr. preceding paragraph on the meaning of the term), they may present another person provided the time for presentation has not yet expired (cfr. Canon 1465). SIMONY IN THE CONFERRING AND ACCEPTING OF ECCLESIASTICAL OFFICES, BENEFICES, DIGNITIES 2248. Without prejudice to the precept of Canon 729 (which decrees invalidity of the appointment to offices, benefices, dig- nities), persons who commit simony in any ecclesiastical office, benefice, or dignity incur the following penalties: (1) they automatically incur excommunication reserved simply to the Apostolic See; (2) they are automatically deprived for ever of any right they may have had to elect, present, or nominate; (3) if they are clerics, they shall in addition be suspended (Canon 2392). Since Canon 2392 states that all persons guilty of simony incur the above penalties, it seems certain that simony of both the divine and the ecclesiastical law (cfr. Canon 727) is meant. Some commentators on the Code, relying on the former laws concerning simony, hold that only simony of the divine law is meant in Canon 2392. However, where the Code does not dis- tinguish, we may not infer a distinction. ABUSE OF THE RIGHT OF ELECTION, PRESENTATION, OR NOMINATION 2249. All persons who legitimately enjoy the right to elect, present or nominate, and who show disregard for the authority of the person to whom pertains the right of confirmation or institution by presuming to confer the office, benefice or dignity, are automatically deprived for that particular instance of their right of election, or presentation or nomination (Canon 2393). TLuicir OCCUPATION OF BENEFICES, OFFICES OR DIGNITIES 2250. If a person by his own authority takes possession of an ecclesiastical benefice, office or dignity, or if after his election, 524 A PRACTICAL COMMENTARY presentation or nomination to such office, he takes possession of or interferes in the government or administration of the same before he has received the necessary letters of confirmation or institution and has exhibited them to the persons designated by law, he incurs the following penalties: (1) he becomes automatically disqualified for the benefice, office or dignity, and shall moreover be punished by the Ordi- nary in proportion to his guilt; (2) he shall be foreed to abandon at once after previous warning the possession of the benefice, office or dignity and his interference in the government and administration, by suspen- sion from or deprivation of any benefice, office or dignity which he had previously obtained, and even by deposition, if the gray- ity of the offense calls for it; (3) chapters, convents and all others concerned who admit a person elected, presented or nominated before they have ex- hibited the letters of confirmation or appointment by the com- petent superior, are automatically suspended from the right to elect, nominate or present until the Apostolic See pleases to release them from the suspension (Canon 2394). ACCEPTANCE oF Non-VACANT BENEFICE, OFFICE, OR DIGNITY 9251. A person who knowingly accepts appointment to an office, benefice or dignity which is not legally vacant, and allows himself to be put in possession of the same, becomes automati- cally disqualified from obtaining it afterwards, and he shall be punished with other penalties in proportion to his guilt (Canon 2395). Canon 150 rules that the appointment to an office which is not legally vacant is automatically null and void; if the office, benefice, or dignity, is legally vacant, but is actually in posses- sion of another person, the appointment cannot be made until a legitimate declaration has been issued concerning the invalid possession of the actual occupant (cfr. Canon 151). ILLEGAL POSSESSION OF Two INCOMPATIBLE OFFICES OR BENEFICES 9952. A cleric who has obtained peaceful possession of an office or benefice which is incompatible with his former office CANONS 2394-2399 525 or benefice, and who nevertheless, in violation of Canons 156 and 1439, presumes to retain both, is automatically deprived of both (Canon 2396). Canon 156 rules that two offices are incompatible if both cannot be attended to by the same person at the same time, and Canon 14389 states that two benefices are incompatible, not only when the beneficiary cannot in person comply with all the duties attached to both benefices at the same time, but also when each of the two benefices suffices for the decent maintenance of a cleric. REFUSAL OF CARDINALS TO TAKE THE PRESCRIBED OATH 2253. If a person, on promotion to the dignity of a Car- dinal, refuses to take the oath spoken of in Canon 234, he is automatically deprived for ever of the cardinalitial dignity (Canon 2397). NEGLECT OF BisHoP-ELECT TO RECEIVE CONSECRATION IN DUE TIME 2254. If, on his promotion to the episcopal dignity, anyone neglects, in violation of the precept of Canon 333, to receive within three months the episcopal consecration, he forfeits auto- matically the income of his office, which revenue is to be applied to the cathedral church; if he neglects to receive the consecra- tion for another three months, he is automatically deprived of the episcopate (Canon 2398). | UNLAWFUL DESERTION OF DuTIES By CLERICS 9255. Clerics in major orders who presume to abandon the office which has been entrusted to them by their proper Ordi- nary without his permission, shall be suspended a diwnis for a period of time to be determined by the Ordinary according to the various cases—i.e., for a longer or shorter period of time in proportion to the gravity of guilt (Canon 2399). 526 A PRACTICAL COMMENTARY RESIGNATION OF OFFICE, BENEFICE OR DIGNITY INTO THE HANDS or LAYMEN 9956. A cleric who presumes to resign an ecclesiastical office, benefice or dignity into the hands of laymen automatically incurs suspension a divinis (Canon 2400). Since the appointment to ecclesiastical offices, benefices or dignities can be made only by the competent ecclesiastical su- perior (cfr. Canon 147), resignation of the same can be made only to the ecclesiastical superior (cfr. Canon 187), and the resignation does not become effective unless it is accepted by the competent superior (cfr. Canon 190). ILLEGAL REFUSAL TO ABANDON POSSESSION OF OFFICE, BENEFICE or DIGNITY 9257. If anyone persists in the possession of an office, bene- fice or dignity notwithstanding legitimate deprivation or re- moval, or if he for the purpose of retaining possession unlaw- fully delays to withdraw, he shall after previous warning be forced to abandon such office by suspension a divinis or other penalties, and even by deposition, if the case calls for it (Canon 2401). Against deprivation from a removable office, recourse to the Holy See in devolutivo is permitted (cfr. Canon 192). The same recourse is permitted in the removal of irremovable pastors (efr. Canon 2146). The removed pastors must leave the parish, for the recourse does not suspend the decree of the bishop. NEGLECT TO OBTAIN OF ABBATIAL BLESSING 9258. An abbot or prelate nullius who, in violation of the precept of Canon 322, does not obtain the abbatial blessing, is automatically suspended from jurisdiction (Canon 2402). Canon 319 explains who are abbots or prelates nullwuws. Canon 322 obliges abbots and prelates nullius to receive the blessing within three months from their appointment, if they are obliged to receive that blessing either by precept of the Apostolic See or by the constitutions of their own order. The suspension is not reserved, so that they can be absolved from it by any con- Ee CANONS 2400-2405 527 fessor, provided they cease from their wilful neglect to obtain the blessing. NEGLECT TO MAKE PRESCRIBED PROFESSION OF FAITH 2259. A person who, in violation of Canon 1406, neglects without a legitimate impediment or excuse to make the profes- sion of faith, shall be admonished to do so within a specified period of time; if he stubbornly persists in his refusal beyond the term fixed, he shall be punished even with deprivation of office, benefice, dignity, or position, and forfeits the revenue of his benefice, office, dignity, position, while he refuses to make the profession of faith (Canon 2403). With reference to the persons obliged to make the profession of faith, cfr. Canon 1406 (above, nn. 1421-1422). TITLE XIX OF THE ABUSE OF ECCLESIASTICAL AUTHORITY OR OFFICE 9260. The abuse of ecclesiastical authority shall be punished at the discretion of the legitimate superior in proportion to the eravity of guilt, without prejudice to the precepts of the Canons which decree a specific penalty for certain abuses (Canon 2404). Wroncs CoMMITTED IN REFERENCE TO DIOCESAN ARCHIVES 9961. If the vicar-capitular or any other person, whether of the Chapter or an outsider, takes away, destroys, hides or substantially alters in person or through others any document pertaining to the episcopal Curia, he automatically incurs ex- communication simply reserved to the Apostolic See, and may be punished by the Ordinary even with deprivation of office or benefice (Canon 2405). While the bishop is in charge of the diocese, he watches over the diocesan archives, and, if anyone without proper authority interferes with the documents kept there, he can proceed against him. During the vacancy of the bishopric, when the diocese is 528 A PRACTICAL COMMENTARY governed by the vicar-capitular or (in countries where there are no Chapters of Canons) the administrator, the Code pro- tects the episcopal archives under the above penalty. On dio- eesan archives during the vacancy of the bishopric, cfr. Canon 435 (Volume I, n. 317). UNFAITHFULNESS IN THE CusTopy oF ECCLESIASTICAL RECORDS 2262. Any person who is bound py his office to draft, write or preserve acts or documents or books pertaining to ecclesi- astical Curias or parochial books, and who presumes to falsify, mutilate, destroy or hide them, shall be deprived of his office, or shall be punished with other grave penalties by the Ordinary in proportion to his guilt (Canon 2406, § 1). Persons who are in charge of the records or books and who maliciously refuse when legitimately requested to transcribe, transmit, or exhibit the acts, documents or books, or who in any other way abuse their office, may be punished with deprivation of or suspension from office, and with fines at the discretion of the Ordinary and in proportion to the gravity of guilt in the various cases (Canon 2406, § 2). ATTEMPTED BRIBERY OF OFFICIALS OF THE CURIA 2263. A person who attempts to induce to action or omission contrary to their office any of the ecclesiastical officials or as- sistants of a Curia, or judges, attorneys or procurators by gifts or promises, shall be punished with appropriate penalties and be forced to repair any damages that may have been caused by his bribery (Canon 2407). Mere attempted bribery is here made an offense, so that the Ordinary is obliged to punish such attempt, even though the person did not succeed in inducing the above-mentioned persons to violate the duties of their office or position. The judge and other officials of the ecclesiastical court, who fail to do their duty conscientiously, are to be punished by the local Ordinary (cfr. Canon 1625), and the same is true of attorneys and pro- curators (efr. Canon 1666). CANONS 2406-2410 529 ILLEGAL EXACTION OF TAXES 2264. Persons who increase or exact more than the customary taxes, legitimately approved in accordance with Canon 1507, shall be restrained by a heavy monetary fine, and, if they fail again, shall be suspended or removed from office in proportion to the gravity of their guilt, without prejudice to their obliga- tion of making restitution of the money unjustly acquired (Canon 2408). UNLAWFUL ISSUANCE oF DIMISSORIALS DURING VACANCY OF BISHOPRIC 2265. If the vicar-capitular issues dimissorial letters for ordi- nation in violation of the precept of Canon 958, n. 3, he automatically ineurs suspension a divinis (Canon 2409). The vicar-capitular (or the administrator of a diocese) is not allowed to grant dimissorials for ordination to the subjects of the diocese, except under the circumstances mentioned in Canon 958. The suspension of Canon 2409 is not reserved. ILuLIciIr ORDINATION OF ExEempr RELIGIOUS 2266. Religious superiors who, in violation of the precepts of Canons 965-967, presume to send their subjects to another bishop for ordination, are automatically suspended for one month from the celebration of Mass (Canon 2410). Unless an exempt religious organization has a special privi- lege, its religious subjects cannot be sent to any other bishop for ordination than the Ordinary of the place where the re- ligious candidates are properly domiciled. Exceptions are stated in Canon 966. The penalty is of a vindicative nature, and cannot be remitted by an authority inferior to the Holy See; it ceases when the superior has expiated it by abstaining from the saying of Mass for a month (cfr. Canon 2289). The Com- mittee for the Authentic Interpretation of the Code declared that clerical organizations without vows, living after the manner of religious, are also subject to Canon 2410, if the societies enjoy 530 A PRACTICAL COMMENTARY the privilege of issuing dimissorials for ordination to their sub- jects.** UNLAWFUL ADMISSION TO THE NOVITIATE OR TO RELIGIOUS PROFESSION 2267. Religious superiors who violate the precept of Canon 542 by receiving into the novitiate a candidate who is not quali- fied, or who violate Canon 544 by receiving a candidate without the required testimonial letters, or who violate Canon 971 in admitting candidates to profession, shall be punished in pro- portion to the gravity of guilt, even with deprivation of office (Canon 2411). The Committee for the Authentic Interpreta- tion of the Code declared on June 2-3, 1918, that the first part of Canon 2411 (in reference to the reception into the novitiate) applies also to clerical communities without vows. Famure to Keer Dowry InNtTActT AND Necuect to Notiry Locau ORDINARY OF RECEPTION OR PROFESSION IN ReExIcIous Com- MUNITIES OF WOMEN 2268. The superioresses of all religious women, even of exempt organizations, shall be punished by the local Ordinary in pro- portion to the gravity of their guilt, even with deprivation of office : (1) if, in violation of the precept of Canon 549, they pre- sume to expend in any manner the dowries of the young women who have been received into the community, without prejudice to the obligation of Canon 551; (2) if, in violation of the precept of Canon 552, they omit to inform the local Ordinary of the impending admission of a subject to the novitiate or to profession (Canon 2412). INTERFERENCE OF RELIGIOUS SUPERIORS WITH THE VISITATION 2269. Superioresses who after the visitation has been an- nounced transfer religious to another house without the consent of the Visitor, and all religious, whether superioresses or sub- 24 June 2-3, 1918 (Acta Ap. Sedis, X, 347). CANONS 2411-2413 531 jects, who personally or through others, directly or indirectly, induce the religious to remain silent when questioned by the Visitor, or to ecnceal the truth in any manner, or not to answer with sincerity, or who under any pretext molest the Sisters because of the answers they have given to the Visitor, shall be declared by the Visitor disqualified for the obtaining of all offices which entail government over others, and the superioresses shall be deprived of the office which they hold (Canon 2413, §1). The precepts of the preceding paragraph apply also to re- ligious organizations of men (Canon 2413, § 2). By precept of Canon 511 the major superiors of religious organizations on whom the duty of making the visitation is imposed by their constitutions must visit all the houses subject to them within the time specified by the constitutions. In virtue of Canon 512, the local Ordinaries are obliged to visit every five years all the convents of Sisters in solemn vows and all houses of diocesan congregations of men or women. The duties of the Visitor (whether the major superior or the Ordinary) are pointed out in Canon 513: the religious are strictly com- manded to answer the questions of the Visitor truthfully, and the superiors are forbidden to dissuade their subjects from satisfying their obligation or to interfere in any manner with the purpose of the visitation. The local Ordinaries can visit the houses only which are within the territory of their juris- diction. If a diocesan congregation has houses in various dio- ceses, each bishop is in virtue of Canon 512 the appointed Visitor for the houses in his own diocese. After the bishop has an- nounced his visitation the superioresses may not transfer a Sister to another house to prevent her meeting the Visitor. The Com- mittee for the Authentic Interpretation of the Code declared on June 2-3, 1918, that Canon 2413 applies also to clerical organizations without vows in which the members live after the manner of religious.®® INTERFERENCE BY SUPERIORESSES WITH THE LIBERTY oF Con- SCIENCE OF THEIR SUBJECTS 2270. Any superioress who has violated the precepts of Canons 9621, 522, 528, shall be admonished by the local 95 Acta Ap. Sedis, X, 347. 532 A PRACTICAL COMMENTARY Ordinary. If she fails again in this matter, she shail be pun- ished by him with deprivation of office, and the Ordinary shall at once inform the Sacred Congregation of the Religious con- cerning the matter (Canon 2414). The Canons referred to guarantee to religious women liberty of conscience and forbid the superioresses to interfere in matters pertaining to confession (cfr. Volume I, nn. 402-404). saat BPs Ces PROFESSIO CATHOLICAE FIDEI Ego N. firma fide credo et profiteor omnia et singula, quae continentur in symbolo Fidei, quo sancta Romana Ecclesia uti- tur, videlicet: Credo in unum Deum, Patrem omnipotentem, factorem caeli et terrae, visibilium omnium et invisibilium. Et in unum Dominum Iesum Christum, Filium Dei Unigenitum. Et ex Patre natum, ante omnia saecula. Deum de Deo, lumen de lumine, Deum verum de Deo vero. Genitum non factum, con- substantialem Patri: per quem omnia facta sunt. Qui propter nos homines, et propter nostram salutem descendit de ecaelis. Et incarnatus est de Spiritu Sancto ex Maria Virgine, et Homo factus est. Crucifixus etiam pro nobis, sub Pontio Pilato: passus, et sepultus est. Et resurrexit tertia die, secundum Scripturas. Et ascendit in caelum: sedet ad dexteram Patris. Et iterum venturus est cum gloria iudicare vivos, et mortuos: cuius regni non erit finis. Et in Spiritum Sanctum, Dominum et vivifican- tem: qui ex Patre Filioque procedit. Qui cum Patre et Filio simul adoratur, et conglorificatur: qui lecutus est per prophetas. Et Unam, Sanctam, Catholicam et Apostolicam Ecclesiam. Con- fiteor unum Baptisma in remissionem peccatorum. Et exspecto resurrectionem mortuorum. Et vitam venturi saeculi. Amen. Apostolicas et ecclesiasticas traditiones, reliquasque eiusdem Eeclesiae observationes et constitutiones firmissime admitto ‘et amplector. Item sacram Scripturam iuxta eum sensum, quem tenuit et tenet sancta Mater Ecclesia, cuius est indicare de vero sensu et interpretatione sacrarum Scripturarum, admitto; nec eam unquam, nisi iuxta unanimem consensum Patrum, accipiam et interpretabor. Profiteor quoque septem esse vere et proprie Sacramenta novae legis a Jesu Christo Domino nostro instituta, atque ad salutem humani generis, licet non omnia singulis, necessaria, scilicet, Baptismum, Confirmationem, Eucharistiam, Poeniten- tiam, Extremam Unctionem, Ordinem et Matrimonium; illaque 533 534 A PRACTICAL COMMENTARY sratiam conferre, et ex his Baptismum, Confirmationem et Ordi- nem sine sacrilegio reiterari non posse. - Receptos quoque et approbatos Ecclesiae Catholicae ritus in supradictorum omnium Sacramentorum sollemni administratione recipio et admitto. - Omnia et singula quae de peccato originali et de iustificatione in sacrosancta Tridentina Synodo definita et declarata fuerunt, amplector et recipio. - Profiteor pariter in Missa offerri Deo verum, proprium et propitiatorium Sacrificium pro vivis et de- functis; atque in sanctissimo Eucharistiae Sacramento esse vere, realiter et substantialiter Corpus et Sanguinem una cum anima et divinitate Domini nostri Iesu Christi, fierique conversionem totius substantiae panis in Corpus, et totius substantiae vini in Sanguinem, guam conversionem Catholica Ecclesia Transsub- stantiationem appellat. Fateor etiam sub altera tantum specie totum atque integrum Christum, verumque Sacramentum sumi. - Constanter teneo Purgatorium esse, animasque ibi detentas fidel- ium suffragiis iuvari. Similiter et Sanctos una cum Christo regnantes venerandos atque invocandos esse, eosque orationes Deo pro nobis offerre, atque eorum Reliquias esse venerandas. Firmiter assero imagines Christi ac Deiparae semper Virginis, necnon aliorum Sanctorum habendas et retinendas esse, atque eis debitum honorem ac venerationem impertiendam. - Indulgenti- arum etiam potestatem a Christo in Ecclesia relictam fuisse, illarumque usum Christiano populo maxime salutarem esse affirmo. - Sanctam, Catholicam et Apostolicam Romanam Eccle- siam, omnium Ecclesiarum matrem et magistram agnosco, Rom- anoque Pontifici beati Petri Apostolorum Principis successori ac Iesu Christi Vicario veram obedientiam spondeo ac iuro. Cetera item omnia a sacris Canonibus et Oecumenicis Con- ciliis, ac praecipue a sacrosancta Tridentina Synodo et ab Oecu- menico Concilio Vaticano tradita, definita ac declarata, praeser- tim de Romani Pontificis prin.atu et infallibili magisterio, indubitanter recipio atque profiteor, simulque contraria omnia, atque haereses quascunque ab Ecclesia damnatas et reiectas et anathematizatas, ego pariter damno, reiicio et anathematizo. Hane veram Catholicam Fidem, extra quam nemo salvus esse potest, quam in praesenti sponte profiteor et veraciter teneo, eandem integram et inviolatam usque ad extremum vitae spir- itum, constantissime, Deo adiuvante, retinere et confiteri, atque a meis subditis seu illis, quorum cura ad me in munere meo IURISIURANDI FORMULA 535 spectabit, teneri et doceri et praedicari, quantum in me erit curaturum, ego idem N. spondeo, voveo ac iuro. Sie me Deus adiuvet, et haeec sancta Dei Evangelia. IURISIURANDI F'ORMULA CONTRA MODERNISMI DOCTRINAS JuxTA Moru Proprio ‘‘SAcrorum ANTISTITUM’’ Primt SEPTEM- BRIS, 1910. (Acta Ap. Sedis, II, 669.) Kgo .. firmiter amplector ac recipio omnia et singula, quae ab inerranti Ecclesiae magisterio definita, adserta ac declarata sunt, praesertim ea doctrinae capita, quae huius temporis errori- bus directo adversantur. Ac primum quidem Deum, rerum omnium principium et finem, naturali rationis lumine per ea quae facta sunt, hoe est per visibilia creationis opera, tamquam causam per effectus, certo cognosci, adeoque demonstrari etiam posse, profiteor. Secundo: Externa revelationis argumenta, hoc est facta divina, in primisque miracula et prophetias admitto et agnosco tamquam signa certissima divinitus ortae Christianae Religionis, eademque teneo aetatum omnium atque hominum, etiam huius temporis, intelligentiae esse maxime accommodata. Tertio: Firma pariter fide credo, Ecclesiam, verbi revelati custo- dem et magistram, per ipsum verum atque historicum Christum, quum apud nos degeret, proxime ac directo institutam, eandem- que super Petrum, apostolicae hierarchiae principem eiusque in aevum successores aedificatam. Quarto: Fidei doctrinam ab Apostolis per orthodoxos Patres eodem sensu eademque semper sententia ad nos usque transmissam, sincere recipio ; ideoque pror- sus relicio haereticum commentum evolutionis dogmatum, ab uno in alium sensum transeuntium, diversum ab eo, quem prius habuit Ecclesia ; pariterque damno errorem omnem, quo, divino deposito, Christi Sponsae tradito ab eaque fideliter custodiendo, sufficitur philosophicum inventum, vel creatio humanae conscientiae, ho- minum conatu sensim efformatae et in posterum indefinito prog- ressu perficiendae. Quinto: Certissime teneo ac sincere profiteor, Fidem non esse coecum sensum religionis e latebris suwbconsci- entiae erumpentem, sub pressione cordis et inflexionis voluntatis 536 A PRACTICAL COMMENTARY moraliter informatae, sed verum assensum intellectus veritati extrinsecus acceptae ex auditu, quo nempe, quae a Deo personali, ereatore ac domino nostro dicta, testata et revelata sunt, vera esse eredimus, propter Dei auctoritatem summe veracis. Me etiam, qua par est, reverentia, subiicio totoque animo adhaereo damnationibus, declarationibus, praescriptis omnibus, quae in Encyelicis litteris ‘Pascendi’ et in Decreto ‘Lamen- tabili’ continentur praesertim, cirea eam quam historiam dog- matum vocant. — Idem reprobo errorem affirmantium, propo- sitam ab Ecclesia fidem posse historiae repugnare, et catholica dogmata, quo sensu nune intelliguntur, cum verioribus Chris- tianae Religionis originibus componi non posse. — Damno quoque ac reiicio eorum sententiam, qui dicunt, christianum hominem eruditiorem induere personam duplicem, aliam credentis, aliam historici, quasi liceret historico ea retinere quae credentis fidei contradicant, aut praemissas adstruere, ex quibus consequatur dogmata esse aut falsa aut dubia, modo haec directo non dene- gentur. — Reprobo pariter eam Scripturae Sanctae diiudicandae atque interpretandae rationem, quae, Hcclesiae traditione, analogia Fidei, et Apostolicae Sedis normis posthabitis, ratwonalistarum commentis inhaeret, et criticen textus velut unicam supremamque regulam, haud minus licenter quam temere amplectitur. — Sen- tentiam praeterea illorum reiicio qui tenent, doctori disciplinae historicae theologicae tradendae, aut iis de rebus scribenti sepon- endam prius esse opinionem ante conceptam sive de supernaturali origine catholicae traditionis, sive de promissa divinitus ope ad perennem conservationem uniuscuiusque revelati veri; deinde seripta Patrum singulorum interpretanda solis scientiae prin- cipiis, sacra qualibet auctoritate seclusa, eaque iudicii libertate, qua profana quaevis monumenta solent investigari. — In uni- versum denique me alienissimum ab errore profiteor, quo mod- ernistae tenent in sacra traditione nihil inesse divini; aut, quod longe deterius, pantheistico sensu illud admittunt; ita ut nihil iam restet nisi nudum factum et simplex, communibus historiae factis aequandum; hominum nempe sua industria, solertia, ingenio scholam a Christo eiusque Apostolis inchoatam per sub- sequentes aetates continuantium. Proinde fidem Patrum firmis- sime retineo et ad extremum vitae spiritum retinebo, de charis- mate veritatis certo, quod est, fuit eritque semper in episcopatus ab Apostolis successione; non ut id teneatur quod melius et IURISIURANDI FORMULA 537 aptius videri possit secundum suam cuiusque aetatis culturam, sed ut nunquam aliter credatur, nunquam aliter intelligatur absoluta et immutabilis veritas ab initio per Apostolos prae- dicata. Haee omnia spondeo me fideliter, integre sincereque serva- turum et inviolabiliter custoditurum, nusquam ab lis sive in docendo sive quomodolibet verbis scriptisque deflectendo. Sic spondeo, sic juro, sic me Deus adjuvet et haec sancta Dei Evangelia. APPENDIX I DOCUM. I CONSTITUTION OF Pore Pius X “VACANTE SEDE APOSTOLICA,” DECEMBER 25, 1904 This Constitution lays down the rules, which shall govern future Papal elections, and abrogates all previous Constitutions and Decrees on this subject except the Constitutions “Commissum Nobis” (Document II) and “Praedecessores Nostri,” with its Instructions (Document III). Title I defines the powers of the Sacred College of Cardinals during the vacancy of the Apostolic See, and details the procedure to be fol- lowed by the Sacred Congregations and various officials of the Holy See in dealing with current business. Title IT gives explicit directions regarding the Conclave—the electors and their servants, their entrance into the Conclave, the precautions for preserving secrecy, the manner of election, the form of the ballot, the proclamation of the election, and the consecration and coronation of the new Pope. DOCUM. II ConstTITUTION or Pore Pius X “Commissum Noss,” January 20, 1904 Under pain of excommunication latae sententiae, reserved specially to the future Pope, this Constitution forbids any member of the Con- clave to manifest in any manner whatsoever (even as a mere desire) or under any pretext the Veto of a Civil Power. DOCUM. III CoNSTITUTION OF Porr LEro XIII “Prarpecessores Nostr1,” witH Irs Instructions, May 24, 1882 As stated above, this is one of the three Constitutions which now govern Papal elections. It contains explicit directions as to how the 538 APPENDIX I 539 Cardinals should conduct themselves in the various emergencies which may arise between the death of a Pope and the election of his successor. DOCUM. IV ConstituTio Brnepictt PP. XIV “Cum 1Liup,” 14 Drecempris 1742 Cum illud semper plurimum formidaverit Ecclesia Catholica, ne indignis quibusque, et extra sacerdotale meritum constitutis, cura ani- marum, et Dominici gregis custodia crederetur; quia totius familiae status, et ordo nutat, si quod requiritur in corpore, non invenitur in eapite: Hine canonicis sanctionibus, ac praesertim Sanctae Tridentinae Synodi Decretis provide consultum est, regimen ecclesiarum parochia- lium ils esse committendum, quorum omnis aetas a puerilibus exordiis ad perfectiores annos per disciplinae ecclesiasticae stipendia ita cucur- risset, ut de illorum supra alios provectione, ac potiori doctrinae, morum, ac diuturni laboris suffragio, nefas esset dubitare. Quia vero perniciosa apud plurimos opinio sensim invaluit, Tridentini Decretis non praescriptam esse dignioris electionem. sed caveri tantummodo, ne indignis ecclesiae parochiales, aliaque beneficia, quibus cura imminet animarum, conferrentur; san. mem. Innocentius XI Praedecessor Noster erroneam doctrinam a vera, et sincera Patrum mente longius deflectentem damnavit, et edocuit, quam prudens, ac diligens esse debeat Pastoralis officii dispensatio. § 1. Ad tramites idcireco eiusdem Sanctae Synodi, usu receptum est, occurrente parochialis ecclesiae vacatione, quae libere ab Ordinario conferenda sit, concursum institui, ut, habita in eo de cuiuslibet aetate, moribus, doctrina, et sufficientia, solerti inquisitione, Episcopus eligat quem caeteris magis idoneum iudicaverit. § 2. At quia contingere quandoque potest, quod favore, vel gratia, vel minus aequo iudicio, minus digni dignioribus praeponantur, san. mem. Pius V Noster Praedecessor, ne quid in huiusmodi electione esset inordinatum, atque praeposterum, edita saluberrima Constitutione, licere voluit iniuste in concursu reiectis, interposita ad Metropolitanum, vel Episcopum viciniorem, vel Sedem quandoque Apostolicam appella- tione, praeelectum ad novum examen provocare, et ecclesiam alteri non rite collatam, novo facto meritorum periculo, si ita ius esset. vindicare. Kt ne frivolae appellationis diffugio locus esset, provide ibidem cautum est, dictae appellationi in devolutivo tantum deferri oportere, non sus- pensa, aut quoquo modo retardata praeelecto ab Ordinario parochialis ecclesiae possessione. § 3. Consultissimae huiusmodi leges eum in finem institutae, ne in 540 A PRACTICAL COMMENTARY tanti momenti re imperiti magistris, novi antiquis, rudes praeferantur emeritis, violatae sunt hominum fraude et malitia, ipsa medela vulnus exasperantium. Saepissime enim reiecti ab Ordinario, dictae Consti- tutionis obtentu, in vocem appellationis facile prorumpere, et, minus legitima concurrente causa, electos ab Episcopo ad novum examen provocare consueverant; illosque praeterea, relicta gregis, et ecclesiae custodia, longum iter arripere, et diuturni laboris, temporis, et pecu- niae impensa exhaustos, htem in secunda, tertia, et ulteriori quandoque instantia sustinere cogebant. § 4. Quin etiam experientia compertum est, magno iustitiae detri- mento litem ipsam absolvi. Quandoquidem ii, qui examini se subiecerant, atque in primaevo concursu, utpote legitimarum institutionum nescil, reiecti fuerant, longa postmodum decurrente lite, sedulam litteris ex industria navantes operam, praeferri aliis merebantur, et acerbe suc- censebant Episcopo, iudici quidem adeptae, non autem adipiscendae peritiae, per iniuriam se fuisse reiectos. §5. Hine apud bene moratos homines, et iustitiae vindices, fre- quens querelarum occasio: quibus sedandis cum Congregatio Concilii Tridentini interpres omne studium, diligentiamque conferret; Nobis, qui Secretarii munere fungebamur, mandatum est, ut sermone, typis postea vulgato, rem sedulo expendere, ingruentis mali originem, et apta eidem avertendo remedia investigare pro viribus niteremur. Sensus hac de re Nostros explicantes, vitio potissimum laborare comperuimus praxim examinis oretenus habiti, nee scriptis consignati: electi siquidem ad curam animarum ab Ordinario collatore, et ad iteratum examen coram alio iudice provocati, ius legitimae collationis tueri non poterant certo, ac permanenti testimonio iam probatae idoneitatis; sed a novi examinis alea, subeunda coram iudice appellationis, gestarum rerum prorsus ignaro, tota res pendere videbatur. Quocirea gravi iustitiae detrimento recepta in foro erat opinio, provocari posse ad alium iudicem, nullo exhibito indebitae reiectionis documento. Quod quidem cum a sacrorum canonum censura longius aberraret, facile huic cor- ruptelae oceurri posse censuimus, si certa primum, et apte disposita habendi examinis forma praescriberetur; si quaestiones examinatis propositae, et consentaneae illorum responsiones, totaque rei gestae series in scriptis redigeretur; et si acta demum totius concursus ad iudicem appellationis integra asportarentur. § 6. Inita a Nobis consilii ratio non solum arrisit Congregationi, illam die 16 Novembris 1720 ratam habenti; sed etiam Pontificii iudicii accessione roborata fuit a Clemente XI ecclesiasticae disciplinae vin- dice, et assertore eximio. Utque locorum Ordinarii ea omnia filiali, quo par erat, obsequio, et diligentia exequerentur, iis datae sunt die 10 Tanuarii 1721 opportunae litterae nostro calamo exaratae, elusdemque APPENDIX I 541 Pontificis sensu, et oraculo comprobatae, quarum tenorem, etsi alias praelo commissum, et insertum in Bullario dicti Clementis Praedeces- soris Nostri, congrue hic duximus referendum. § 7. Reverendissime Domine uti Frater. Quo parochiales ecclesiae dignioribus personis gubernandae traderentur, statuit, ut notum est, Sacrosancta Tridentina Synodus sess. 24, cap. 18, ut, vacante ecclesia parochiali, indiceretur, et fieret concursus; ac, postquam concurrentes ab Episcopo, vel eius Vicario Generali, atque ab Examinatoribus Synodalibus saltem, tribus, examinati, et approbati essent, E'piscopus eum eligeret, quem aetate, moribus, doctrina, prudentia, aliisque rebus ad vacantem ecclesiam gubernandam necessariis, et opportunis, dignio- rem caeteris, magisque idoneum iudicaret. Adiecitque ad hane Coneilu sanctionem validius confirmandam, re, et nomine sanctissimus Pontifex Pius V, quod, si unquam Episcopus minus habilem, postpositis magis idoneis, elegisset, possent w, qui reiecti essent, a mala eiusmodi elec- tione ad Metropolitanum, vel, si ipse eligens Metropolitanus, aut exemptus foret, ad viciniorem Ordinarium, ut Sedis Apostolicae Dele- gatum, vel alias ad ipsam Sedem Apostolicam appellare, ac pracelec- tum ad novum examen coram ipso appellationis iudice, et etus Hxami- natoribus, provocare; ea tamen cautione, ut appellatio non im suspen- sivo, sed in devolutivo esse deberet; quemadmodum in eius Constitu- tiene, quae trigesima tertia est, latius cavetur; concludendo, quod, constito de prioris eligentis irrationabili wudicio, eoque revocato, paro- chialis ecclesia magis idoneo conferatur. Cum autem neque Concilii Decreto, neque Pontificis Bulla examinis in concursu peragendi forma, seu methodus ulla certa, ac peculiaris servanda proponatur; difficile dictu est, quanta examinum, aliorum alibi diversitas, extiterit, atque hinc occasio querelarum. Nam alicubi, cum non eaedem omnibus quaestiones, non iidem casus propositi fuis- sent; erant identidem, qui, vel in tudicio, vel extra conquererentur, sibi quidem postpositis difficiliores, praeelecto autem faciliores ad sol- vendum quaestiones obtigisse. Alibi vero eaedem quidem omnibus quaestiones propositae fuerunt, sed neque hae, neque datae a concur- rentibus responsiones, scripto, seu litteris consignabantur. Cumque postmodum, nec raro contingeret, ut e postpositis quispiam, iure Bullae supradictae, novum ad examen coram iudice appellationis, eiusque examinatoribus, electum provocaret: S. Congregatio usque ab anno 1603 considerans gravamen non alia ratione, quam novo examine, probart posse; provocationem ad novum examen censuit admittendam, gravamine nec dum probato, et requisitis tantummodo probationibus in subsequenti iudicio: in quo, probato, per novum examen appel- lantis, gravamine quoad doctrinam, probanda superest eiusdem prae iam electo in reliquis ad regendam ecclesiam requisitis praestantia, ut 542 A PRACTICAL COMMENTARY de maiori alterutrius ad parochialis ecclesiae gubernium, idonertate sententia ferri possit: cum non continuo, si quis est doctior, is etiam aptior, seu magis idoneus ad id regimen habeatur, vel etiam habendus sit. Quam Sacrae Congregationis sententiam seriptores, et tribunalia laudarunt. Aliis demum in dioecesibus laudabilis invaluit consuetudo, ut eaedem omnibus quaestiones, idemque casus prononantur,; ac (ne qua detur ansa Cancellario quidquam suo marte addendi, minuendi, mutandi) ut ipsimet concurrentes, qui interrogati fuerint, quaeque responderint, sua manu perscribant. Atque Ordinarii, qui morem hune longe optimum in examinando tenuere, Sacrae deinde Congregationi etiam, atque etiam, considerandum reliquerunt, his, qui sic examinati essent, atque postpositi, in posterum, ut solent, appellantibus, indulgenda, nec ne, statim electi novum, ad examen provocatio, nulla gravaminis praerequisita probatione, vide- retur; cum isti ex actis primi examinis gravamen doctrinae facile alio- quin probare possent; quod alu aliter nimirum examinati, probare, nisi secundo, seu novo examine, non poterant. Nec defuere ali pro- bitatis, ac peritiae in administrandis diu ecclestis laude praestantes, qui monerent, fraenum aliquod huiusmodt appellantium licentiae tan- dem iniiciendum, eorumque iam nimis crebras novum ad examen pro- vecationes esse reprimendas; quippe quae vix unquam sine magno ecclesiarum damno contingunt. Nam cum novum examen coram tudice appellationis longe procul a parochia peragendum sit; electus ab Epis- copo, qui provocatur, parochiam, quam possidet, cogitur interea tem- poris deserere, eamque Oeconomo, vel Vicario cuipiam, veluti sponsam ignotis custodibus, relinquere, sponso non parumper, sed diu sane abfuturo; dum nempe, implicita, ut fit, lite, terna etiam vel quaterna, alia ex aliis, examina, super praestantia primum doctrinae, tum deimde aliorum, quae ad integrandam idoneitatem opportuna sunt, conten- tiose multiplicentur, et commode, ne dicam otiose, transigantur, ante- quam deliberari possit utri concurrentium parochia sit adiudicanda. Ad tollendam eiusmodi non minus querelarum, quam incommodorum occasionem, Sacra Congregatio Concili Tridentini interpres, postquam rem omnem a capite repetitam in gemina sessione 1 Octobris, et 16 Novembris 1720 summo studio recognovit, tandem, Sanctissimo etiam annuente, statwit (quod per praesentes litteras encyclicas exequitur) omnes, et singulos Episcopos, aliosque Praelatos, penes quos sit tus, et auctoritas faciendi concursum, hortari, ut examen eiusmodi mstituere non graventur, quale iam et multae dioeceses, et Urbs ipsa observat, atque Apostolica etiam Dataria postulat; sive, cum, Sede vacante, vacat ecclesia aliqua parochialis, cuius collatio ad Sedem Apostolicam per- tineat; sive cum vacat parochialis aliqua, ut dicitur, tuxta Decretum ; sive demum, cum, vacante in collegiatis, aut cathedralibus ecclesiis dig- APPENDIX I 543 nitate aliqua maiori, annexam habente curam animarum, faciendus est concursus, atque ad Apostolicam Datariam transmittendus, ut notwm est, atque in litteris, quae de ordine Sanctissimi, tune a Dataria pro- deunt, clare praescribitur. Vacante itaque ecclesia parochiali, quae conferenda sit per concur- sum, atque hoc solitis formulis indicto, haec quae sequuntur, ex Sacrae Congregationis sententia, consilio, suasione, servanda proponuntar. 1. Primum nempe, ut assignentur eaedem omnibus concurrentibus quaestiones, tidem casus, idemque textus Hvangelu, super quo sermonis aliquid perscribant, ad probandam dicendi pro concione facultatem. 2. Alterum, ut casus, et quaestiones resolvendae dictentur omnibus ecodem tempore, atque omnibus pariter eodem tempore textus Evangel tradatur. 3. Tertium, ut certum, idemque omnibus spatium temporis consti- tuatur, intra quod casus resolvant, quaestionibus respondeant, conciun- culam componant. 4, Quartum, ut eodem concurrentes omnes in conclavi claudantur, unde, quandiu scribent (dabitur enim omnibus scribendi copia) nemo corum egredi, neque alius quispiam eo ingredi possit, msi postquam scripta confecerint, et exhibuerint. 5. Quintum, ut omnes sua quisque manu tum responsa, tum ser- monem scribant, subscribantque. 6. Sextum, ut responsa quidem latine, sermo autem ea, qua ad populum haberi solet, lingua scribatur. 7. Postremum, ut unumquodque responsum, et unusquisque sermo, cum ab unoquoque concurrentium exhibebitur, non solum ab eo, qui scripsit, atque a Cancellario concursus, verum etiam ab Examinatoribus, et ab Ordinario, vel ecius Vicario, qui concursui interfuerint, subsert- batur. Peracto secundum hance formulam concursu, collataque ei, qui magis idoneus, ac dignior indicatus fuerit, ecclesia parochiali, non admittatur appellatio, aut a mala relatione Examinatorum, aut ab irrationabili iudicio E'piscopi, nisi intra decem dies a die collationis interponatur. St quis autem hoc intra spatium appellaverit, actaque concursus petat ad iudicem appellationis transferenda; mittantur vel acta ipsa originalia concursus clausa, et obsignata, vel certe unum aliquod authenticum eorum exemplum, a Cancellario concursus, atque altero notario collatum, et auscultatum coram Vicario, vel alio in ecclesiastica digmtate constituto, quem eligat Ordinarius, ad quem etiam notari Cancellario adiungendi electio pertinebit; necnon ab Examinatoribus Synodalibus, qui concursui interfuerunt, subscriptum. Ex quibus actis, vel authentico eorum exemplo, nisi gravamen quoad doctrinam probet is, qui sic, ut praemittitur, examinatus, aut a mala 544 A PRACTICAL COMMENTARY relatione Examinatorum, aut ab irrationabili iudicio Episcopi appella- verit, novum ad examen provocandi facultatem a Sacra Congregatione frustra postulabit. Quemadmodum et in iudicio appellationis persequi ius suum frustra tentabit is, qui forte se gravatum doleat quoad reliqua, nisi, inter- posita mature, ut dictum est, appellatione ab irrationabili iudicio E'pis- copi, gravamen quoad illa ostenderit, vel ex actis primi concursus, vel saltem ex attestatiombus, et documentis extraiudicialibus etiam, sed non levibus. Atque ita quidem sensit Sacra Congregatio, et Sanctissimus assensit. At si quis tamen Ordinariorum aliter, ac supra descriptum, est, con- currentium examina instituere perrexerit, perget et Sacra tpsa Con- gregatio more pristino appellantibus, qui se gravatos dixerint, provo- cationem ad novum examen, nulla gravaminis praevia probatione, indul- gere. Interim tamen, ne harum litterarum memoria dilabatur, vult eadem Sacra Congregatio, eas in uniuscuiusque Ordinarti Cancellaria perpetuo conservari. Cuius imterea consilium, tum voluntatem, dum ego omnibus significo, Amplitudini Tuae fausta omnia e coelo precor. Romae hac die 10 Ianuarw 1721. Amplitudinis Tuae. Uti frater P. M. Card. CORRADINUS, Praefectus. P. LAMBERTINUS, Secretarius. § 8. Quantum recte dispensandis ecclesiasticis muneribus, adminis- trandae iustitiae, componendis dissidiis, continendisque in officio clericis proficeret saluberrima praemissarum legum institutio, satis superque experientia comperuimus, cum Anconitanam primum ecelesiam, ac dcinde Bononiensem sponsam nostram paterna charitate cominus amplecteremur. Freti siquidem dictarum legum praesidio, digniores paro- chiis, et curae animarum praefecimus: tantaque, benedicente Domino, id accidit animorum consensione, ut nemo questus sit, traditum minus digno celsioris loci praemium, vel minus iuste alteri credita vacantis ecclesiae gubernacula. § 9. At quia certis admonemur indiciis, non ita id aliis Episcopis contigisse; imo non deesse, qui privatis abrepti studiis, saepe declinare, ac redarguere iudicium Episcopale praesumant: Nos propterea solliciti de implendis, prout decet, muneris Nostri partibus, nonnvlla praefatis litteris addenda, nonnulla vero tacite, breviterque ibidem tradita, clarius explicanda censuimus, ut recte omnia, atque ex ordine peragantur. § 10. Moerentes igitur audivimus, quod in plerisque dioecesibus, etsi recepta sit laudabilis, firmiterque custodienda consuetudo in scriptis APPENDIX I 545 redigendi examen concurrentium, nihilominus Examinatorum suffragia in sola litterarum peritia versantur, nec illorum exquiritur sententia de clericorum aetate, institutione, gravitate, et honestate morum, pru- dentia, muniis antea exercitis, et an tales demum sint, qui oves suas verbo, et exemplo iuvare possint. Quam devia sit huiusmodi praxis a Tridentini semita, is plane intelliget, qui expendet verba relata cap. 18, sess. 24, de Reformat.: Peracto deinde examine, renuntientur quot- cumque ab his idonei iudicati fuerint moribus, doctrina, prudentia, et aliis rebus ad vacantem ecclesiam gubernandam opportunis. Idque probe noscens Congregatio eiusdem Concilii interpres, pluries edixit, E-xaminatores suo deesse muneri, si doctrinae tantum iudices essent, nec inquirerent, qui prae aliis, probitate morum, laboribus, praestito antea ecclesiae obsequio, caeterisque dotibus ad officium parochi cumu- late obeundum necesariis, essent idonei, et commendabiles. | § 11. Absoluto examine, ut cuique satis compertum est, sit tantum- mcdo potestas Examinatoribus renuntiandi quotquot regendae ecclesiae idoneos iudicaverint, reservata uni Episcopo electione dignioris, que- madmodum sancitum est a Tridentino illis verbis: Ex hisque Episcopus eligat, quem caeteris magis idoneum iudicaverit: At si quem clerico- rum forte contigerit appellare a mala relatione Examinatorum, quorum cura unice versata fuerit in exquirenda doctrina, non facta uno eodemque tempore solerti etiam investigatione aliarum quali- tatum, quae Pastoris congruant officio; ordo iudicii secumferet: ut etiam iudex, ad quem provocatum fuit, in sola doctrinae indagine immoretur: nec sine gravi animarum detrimento, et disciplinae iniuria, praeficiatur ecclesiae, qui litteris magis posset, licet caetera minus aptus, et quandoque indignus; contra vero arceatur ille, qui licet impar doc- trinae merito, attamen moribus, gravitate, prudentia, probato nomine, diuturno ecclesiae famulatu, ac multiplici virtutum laude praecellit. § 12. Factum praeterea satis extirpandis abusibus non videtur, si tam Episcopus, quam Examinatores, coniunctis studiis, industriae nervos omnes intenderint in conferenda concordi iudicio Eeclesia per- sonae, quae licet scientia, et litteris alteri concedat, maiori tamen caete- rarum qualitatum eminet ornamento; siquidem postpositus, suae nimium fidens doctrinae, ab irrationabili iudicio Episcopi non raro appellat; causaque ad iudicem appellationis delata, idem totus est in perquirenda maiori doctrina, ac reparando gravamine litterato homini irrogato, nusquam librato aliarum virtutum pondere, quae in appellante desi- derantur: lugentque ut plurimum vigiles Ecclesiarum Antistites exitum huiusmodi appellationis, intimeque dolent, parochias doctis, non aptis Pastoribus, ut dictum est, rezendas committi. § 13. At si index etiam appellationis (quod raro evenit) tantum tribuens scientiae, quantum satis, maiori, et accuratiorl] examine inqui- 546 A PRACTICAL COMMENTARY rat, qui mores hominum sint, quae gravitas, prudentia, qui suscepti antea labores, quae virtutum specimina, quae demum totius anteactae vitae ratio, pascendo gregi consentanea: tot iudici exhibentur attesta- tiones ab appellante ex industria collectae, ut, revocato Episcopali iudicio, tamquam irrationabili, non vereatur index succurrere eidem appellanti, quem tam copiosa, tamque conspicua probitatis adiuvant documenta. § 14. Demum cum praecipue Episcopis, tanquam in specula con- stitutis, pateant subditorum excessus, contingere solet, ut in concursu, tam inspecta scientia, quam moribus, ille idoneus ab Examinatoribus renuntietur, cui foeda aliqua vitii labes, ac criminis macula inusta sit, omnibus, praeterquam Episcopo, occulta. Si Episcopus, iusta suadente causa, crimine non revelato, eumdem criminosum tacitus praeterierit, aliumque immunem a sorde praeelegerit, illico postpositus, simulato gravamine, provocat ad superiorem iudicem criminis ignarum, et con- sueto diffugio appellationis, evehitur ad pastorale fastigium, qui non potest consulere populo, sed nocere, nec praestare regimen, sed augere discrimen. § 15. Ne igitur improbi ingenii homines remedium appellationis, ad iustitiae praesidium institutum, callide traducant ad iniquitatis defensionem: optimum factu aliquibus fortasse videretur, si appella- tione quavis sublata, cura praeficiendi rectores animarum prorsus re- linqueretur Episcopis, rationem villicationis suae Christo iudici tantum reddituris. Verum nullo pacto probare id possumus, quod adversaretur menti Concilii Tridentini, tacite permittentis appellationem in devo- lutivo a mala relatione Examinatorum, quemadmodum innuere videntur verba illa: Nee praedictorum Examinatorum relationem, quominus executionem habeat, ulla devolutio, et appellatio, etiam ad Sedem Apostolicam, sive eiusde.1 Sedis Legatos, aut Vice-Legatos, aut Nuntios, seu Episcopos, aut Metropolitanos, Primates, vel Patriarchas inter po- sita impediat, aut suspendat. Cui sanctioni respondet etiam Constitutio Piana, admittens appellationem in devolutivo ab irrationabili iudicio E/piscopi. § 16. Qua de re, ut in huiusmodi negotio apte omnia atque compo- site paragantur, officii Nostri esse duximus, eum vobis, ven. Fratres, gcrendarum rerum ordinem praescribere, quem longo usu utilem agno- vimus instituendis animarum rectoribus, qui eredito sibi eregi pracesse, et prodesse possint. I. Episcopus, habita notitia vacationis ecclesiae, statim, ad prae- scriptum Tridentini, idoneum in ea deputet Vicarium, cum congrua elus arbitrio fructuum portionis assignatione, qui onera ipsius eccle- siae sustineat, donee ei de rectore provideatur. II. Publico evulgetur edicto notitia concursus, congruo, et ab Epis- APPENDIX I 547 copo praefinito tempore celebrandi: eodemque edicto omnes clare, et aperte moneantur, ut interim decurrente termino assignato, coram Cancellario Episcopali, vel altero ab Episcopo deputando, suarum qualitatum, meritorum, et munerum probationes, attestationes tam indiciales quam extraiudiciales, aliaque id genus documenta, quae fraude vacent, exhibeant. Alioquin, dicto termino elapso, documenta huiusmodi, quaecumque, et qualiacumque ea sint, nullatenus recipientur. III. Eveniente die coneursus, a Cancellaria Episcopali singulorum merita, qualitates, et requisita (ut vocant), incorrupta fide deprompta a iuribus tempore habili exhibitis, in scriptis summatim redigantur: porro copia epitomes tradetur non solum Episcopo, vel Vicario Generali vices illius obeunti, sed singillatim omnibus Examinatoribus ad con- cursum adscitis, ut cum de scientia, tum de vita, moribus, aliisque regendae ecclesiae necessariis dotibus ferant iudicium. IV. Die praestituta ab Episcopo habeatur concursus, servata accu- rate in omnibus forma tradita in supra relatis litteris anno 1721 editis, totaque rerum in eo gestarum series scriptis diligenter enucleetur. Pcrro Examinatores, ad assequendam certam, et indubiam coniecturam scientiae, postquam diligenter expenderint singulorum peritiam in evolvendo, explicandoque oretenus aliquo ecclesiasticae doctrinae capite, vel a SS. Patribus, vel a Sacro Concilio Tridentino, vel a Catechismo Romano excerpto, ac pari diligentia libraverint a quolibet seripto datas responsiones quaestionibus propositis; et postquam demum deprehende- rint qua quisque polleat gravitate sententiarum, et elegantia sermonis in conciuncula seripto pariter exarata, et textui evangelico, vel alteri dato themati accommodata: parem, ni forte maiorem solertiam Exami- natores adhibeant in perscrutandis aliis qualitatibus, regimini animarum consentaneis: morum honestatem inquirant, gravitatem, prudentiam, praestita hactenus Ecclesiae obsequia, acquisitam in aliis muneribus Jaudem, aliaque spectabilium virtutum ornamenta, doctrinae arcto foe- dere consocianda; hisce omnibus coniunctim expensis, inhabiles per sua suffragia reiiciant, et idoneos Episcopo renuntient. V. Absoluto concursu ab Episcopo, vel, eo impedito, a Vicario Generali una cum Examinatoribus Synodalibus non paucioribus quam tribus, notula compendiaria requisitorum antea distributa tradatur Cancellario, qui illam comburat, vel penes acta secreto eustodiat, et nemini ostendat, nisi de mandato Episcopi, vel eius Vicarii Generalis. Subinde vero Ordinarius, cum primum ei libuerit, eligat ex approbatis digniorem, nec illi possessio, ullo appellationis vel inhibitionis obtentu, retardetur. VI. Si quem clericorum appellare contigerit a mala relatione Exami- natorum, vel ab irrationabili iudicio Episcopi: coram iudice appella- tionis acta concursus integra omnino producat; et iudex, nisi illis visis, 548 A PRACTICAL COMMENTARY et gravamine comperto, sententiam non pronunciet. Praeterea in ferenda sententia, ac reparando gravamine, idem iudex innitatur solum- modo probationibus ab actis elicitis, tam respectu doctrinae, quam alio- rum meritorum. Quia vero a publica indictione, usque ad diem habiti coneursus, tantum temporis intercessit quantum satis fuit commode exhibendis necessarlis iuribus, attestationibus, requisitis, aliisque meri- torum documentis; idcirco, ut quaevis via fraudibus praecidatur, volu- mus, ac districte mandamus, ne dictae attestationes, fides tam iudiciales, quam extraiudiciales, et documenta quaecumque studiose conquisita, et post concursum, ut aiunt, expiscata, ullo modo recipiantur. Non obstantibus supra memoratis litteris, a Congregatione Concilii Tri- dentini interprete anno 1721 editis, quibus, ad praemissorum effectum in hae parte derogamus, illis tamen in reliquis, una cum omnibus in eis contentis, firmiter in suo robore permansuris. VII. Ubi vero Episcopus, posthabito uno, vel altero ex approbatis, ecclesiam contulerit magis idoneo ob aliquam sibi ipsi tantum notam causam, quam censeat significari oportere iudici appellationis ad deter- gendam iniustae fortasse praeelectionis notam: familiaribus litteris iudicem certiorem efficiat, inviolabilis secreti lege adiecta. Nemo sit, qui hane praxim Nostrae tribuat solertiae, cum illa profluat a Tri- dentini Decretis, Sessione etenim 24, cap. 20 de Reform. ita dispo- nitur: Praeterea si quis in casibus a iure permissis appellaverit, aut de aliquo gravamine conquestus fuerit, seu alias, ob lapsum biennii, de quo supra, ad aliwm iudicem recurrerit, teneatur acta omnia coram Episcopo gesta ad iudicem appellationis expensis suis transferre, EQDEM TAMEN EPiIscOpoO PRIUS ADMONITO, UT SI QUID EI PRO CAUSAE INSTRUCTIONE VIDEBITUR, POSSIT IUDICI APPFLLATIONIS SIGNIFICARE. Et quamvis iure Nobis timendum sit, ne dicta praxis monendi iudicem, a quo appellatum est, in more olim posita, hae tempestate ohsoleverit, et a foro recesserit; attamen Episcopus (ut dictum est) si ex causa sibi tantum, et non aliis nota, quae tamen approbari digna sit, ecclesiam contulerit; illam iudici appellationis, datis secreto litteris, denunciet, et aperiat. Sciant porro iudices, delatas ab Episcopo causas, et rationes, inviolabilis secreti fide esse custodiendas, nee parvipenden- dum esse testimonium illius Pastoris, cui divino mandatur eloquio, oves suas agnoscere. Facile enim credi non potest, Episcopos suae non minus, quam alienae salutis adeo immemores, ut non deterriti divini mterminatione iudicii, odio vel favore moveantur; et in Sacrorum Canonum singularem iniuriam, dicant malum bonum, bonum malum, ponentes tenebras lucem, et lucem tenebras. Si vero Episcopo fuerit suspecta fides iudicis, ad quem appellatum est, nec eidem revelanda censuerit huiusmodi occulta rationum mo- menta: illa significet secretis litteris S. R. E. Cardinali Praefecto APPENDIX I 549 pro tempore Congregationis Concilii, qui nee consilio, nee auctoritate deerit, quo minus a iudice appellationis debitus iustitiae locus tribuatur. § 17. Praeterea quia aequitati etiam convenit, causas appellationis, quae magno litigantium dispendio, et Ecclesiae pernicie, immortales quandoque existunt, quanta fieri potest brevitate terminari: idcirco ubi a iudice appellationis lata sit sententia, quae praeelectioni factae ab Episcopo omnino sit conformis, nullas pateat novae appellationi aditus, sed auctoritate rei iudicatae controversiae finis imponatur. Sin vero iudex appellationis aliter, quam Ordinarius, pronunciaverit; liceat praeelecto ab Episcopo, qui causa cecidit, ad alium iudicem appellare, firmiter interim retenta parochialis ecclesiae possessione. Tandem post- quam tertius quoque iudex sententiam dixerit, ne partes ultra modum graventur laboribus, et expensis, praesertim quia agitur de cura ani- marum, cui damnosum est, certi Pastoris destitui solatio; is legitimum regendae ecclesiae ius obtineat, cui duae conformes assistunt sententiae, nec ullum novae appellationis remedium succumbenti suffragetur. § 18. His sane regulis, quamvis appellatio sublata non sit, satis tamen praesidii comparatum esse arbitramur ecclesiasticae disciplinae, ac recto gerendarum rerum ordini. Unum superest, ut proposita hactenus media debitae executioni mandentur; eumque in scopum loco- rum Ordinarii vigilantiam suam desiderari non patiantur. Ferendum quippe non esset, ad nostri Apostolatus auditum novas in diem deferri querelas, ac submovendis abusibus novas implorari leges, ab iis, qui iam praestitutas negligunt et contemnunt. § 19. Demum cum non raro contingat, ecclesias parochiales, digni- tates, canonicatus, aliaque beneficia curam animarum habentia, a Sede Apostolica esse conferenda; vel quia vacaverint in mensibus reservatis, vel quia ex alio capite dictae Sedi reservata sint; Nos Praedecessorum Nostrorum vestigiis inhaerentes, praecipimus, et mandamus, ut uno vel altero eveniente casu, concursus ab Episcopo sine ullo discrimine indi- eatur, nulla ad hune actum petita venia, vel licentia, quam Nostris hisce litteris sibi tributam Episcopi intelligant. § 20. Absoluto concursu, si res sit de beneficiis curatis, quae tantum ratione mensium reservata sint, Episcopus inter approbatos eligat magis idoneum, et Datariae significet nec acta coneursus transmittat, nisi a Dataria, cum id opportunum duxerit, requirantur. Sin vero dicta beneficia, quibus cura imminet animarum, ex alio quovis capite, quam mensium Apostolicorum, Sanctae Sedi reservata sint; eo sane casu, veteri non immutato more, abstineat Episcopus a ferendo dignioris indicio, et acta concursus ultro Datariae exhibeat. § 21. Licebit tamen Ordinariis, pro suo arbitrio, familiaribus litteris. Datario scriptis, eidem denunciare personam, quam censent regendae ecclesiae magis idoneam, eumdemque commoncre, an occulta aliqua, et 550 A PRACTICAL COMMENTARY in actis iuste reticita subsit causa quae cuipiam obstet ad beneficium euratum obtinendum. Nos ipsi postmodum ab hae Sede omnium prin- cipe, et magistra, luculento edocebimus exemplo, quanti faciendum sit episcopale iudicium, quantoque vos honore prosequamur, venerabiles Fratres, in partem Nostrae sollicitudinis evocatos, quibus interim Apostolicam Benedictionem peramanter impertimur. Datum Romae apud S. Mariam Maiorem die xiv Decembris MDCCXLIL. Pontificatus Nostri anno tertio. DOCUM. V Constrrutio Benepictr PP. XIV “SacraMENTUM POENITENTIAE,” 1 Iuni 1741 Sacramentum Poenitentiae, quam secundam, post naufragium de- perditae gratiae, tabulam sancti Patres apte nuncuparunt, Nos licet immerentes ad universi dominici gregis curam superna dispositione vocati, omne studium, et pastoralem sollicitudinem adhibere tenemur, ne quod post amissam baptismi innocentiam datum est divina benigni- tate perfugium, per daemonum fraudem, et hominum Dei beneficiis perverse utentium malitiam, naufragis ae miseris peccatoribus luctu- osum evadat exitium; et. quod in salutem, et curationem animarum, a Deo, qui dives est in misericordia, institutum est, execrabili scelesto- rum quorumdam sacerdotum improbitate, in earum perniciem, atque interitum vertatur. §1. Dudum quidem a fel. record. Gregorio Papa XV Praedecessore Nostro per suas litteras in forma Brevium sub datum Romae apud Sanctam Mariam Maiorem die xxx Augusti mpcxxtt, Pontificatus sui apno secundo, sapienter provisum fuit contra quoscumque sacerdotes audiendis confessionibus deputatos, ad turpia et inhonesta sollicitantes ; et deinceps successivis temporibus, ad earum litterarum interpreta- tionem ac declarationem, plura subinde a Congregatione Venerabilium Fratrum Nostrorum Sanctae Romanae Ecclesiae Cardinalium adversus haereticam pravitatem generalium Inquisitorum sub die x1 mensis Februarii Anno Domini mpcxt, prodierunt decreta, et a rec. mem. Alexandro PP. VII pariter praedecessore Nostro in Congregatione Generali Sanctae Romanae Universalis Inquisitionis die xx1v Septem- bris MDCLXV coram eo habita, inter alias ab Evangelica veritate, et sanctorum Patrum doctrina alienas et dissonas propositiones, sexta videlicet, et septima, hue revocandae, damnatae, et prohibitae fuerunt. Nos itaque mature perpendentes quanti momenti sit ad aeternam animarum salutem ea ubique exacte observari, et quanti APPENDIX I 551 ad infirmas oves curandas, et decorem Sanctae Ecclesiae Dei reti- nendum, intersit, ne aliqui sacerdotes Poenitentiae Sacramento nefarie abutentes, poenitentibus pro curatione vulnus, pro pane lapidem, pro pisce serpentem, pro medicina venenum porrigant, sed animo secum recolentes, se a Christo Domino praesides, et iudices animarum consti- tutos, ea sanctitate, quae sublimitati ac dignitati muneris convenit, tam venerandum Sacramentum administrent: Motu proprio, et ex certa scientia, ac matura deliberatione Nostra, praefatas litteras huiusmodi, ac omnia, et singula decreta praedicta ad illarum interpretationem et declarationem emanata, Apostolica auctoritate tenore praesentium approbamus et confirmamus, illisque omnibus et singulis inviolabilis Apostolicae firmitatis robur adiicimus; atque etiam, quatenus opus sit, denuo committimus et mandamus omnibus haereticae pravitatis Inqui- sitoribus, et locorum Ordinariis omnium regnorum, provinciarum, civi- tatum, dominiorum, et locorum universi Orbis Christiani, in suis re- spective dioecesibus, ut diligenter, omnique humano respectu postposito, inquirant, et procedant contra omnes, et singulos sacerdotes tam saecu- lares, quam regulares quomodolibet exemptos, ac Sedi Apostolicae immediate subiectos, quorumcumque Ordinum, Institutorum, Societa- tum, et Congregationum, et cuiuscumque dignitatis, et praeeminentiae, aut quovis privilegio, et indulto munitos, qui aliquem poenitentem, quaecumque persona illa sit, vel in actu sacramentalis confessionis vel ante, vel immediate post confessionem, vel occasione, aut praetextu confessionis, vel etiam extra occasionem confessionis in confessionali, sive in alio loco ad confessiones audiendas destinato, aut electo, cum simulatione audiendi ibidem confessionem, ad inhonesta, et turpia sol- licitare, vel provocare, sive verbis, sive signis, sive nutibus, sive tactu, sive per scripturam, aut tune aut post legendam, tentaverint, aut cum eis illicitos, et inhonestos sermones, vel tractatus temerario ausu habue- rint; et quos in aliquo ex huiusmodi nefariis excessibus culpabiles repe- rerint, in eos pro criminum qualitate et circumstantiis, severe animad- vertant, per condignas poenas, iuxta memoratam Gregorii Praedeces- soris Nostri constitutionem, quam hic de verbo ad verbum pro inserta haberi volumus: dantes etiam, si opus sit, et rursus concedentes facul- tatem, ne delictum tam enorme, et Ecclesiae Dei iniuriosum, remaneat, ob probationum defectum, impunitum, iam alias in praefata consti- tutione tributam, procedendi cum testibus etiam singularibus, dummodo plaesumptiones, indicia et alia adminicula concurrant. § 2. Meminerint praetarea omnes et singuli sacerdotes ad confes- siones audiendas constituti, teneri se ac obligari, suos poenitentes, quos noverint fuisse ab aliis, ut supra, sollicitatos, sedulo monere, iuxta occurrentium casuum cireumstantias, de obligatione denunciandi Inqui- sitoribus, sive locorum Ordinariis praedictis, personam, quae sollici- 552 A PRACTICAL COMMENTARY tationem commiserit, etiamsi sacerdos sit, qui iurisdictione ad absolu- tionem valide impertiendam careat, aut sollicitatio inter confessarium, et poenitentem mutua fuerit, sive sollicitationi poenitens consenserit, sive consensum minime praestiterit, vel longum tempus post ipsam sollicitationem iam effluxerit, aut sollicitatio a confessario, non pro se ipso, sed pro alia persona peracta fuerit. Caveant insuper diligenter confessaril, ne poenitentibus, quos noverint iam ab alio sollicitatos, sacramentalem absolutionem impertiant, nisi prius denunciationem praedictam ad effectum perducentes, delinquentem indicaverint com- petenti iudici, vel saltem se, cum primum poterunt, delaturos spondeant ae promittant. -§ 3. Et quoniam improbi quidem homines reperiuntur, qui vel odio, vel ira, vel alia indigna causa commoti, vel aliorum impliis suasionibus, aut promissis, aut blanditiis, aut minis, aut alio quovis modo incitati, tremendo Dei iudicio posthabito, et Ecclesiae auctoritate contempta, innoxios sacerdotes apud ecclesiasticos iudices falso sollicitationis insi- mulant: ut igitur tam nefaria audacia, et tam detestabile facinus metu magnitudinis poenae coerceatur, quaecumque persona, quae exsecrabili huiusmodi flagitio se inquinaverit, vel per se ipsam inno- centes confessarios impie calumniando, vel sceleste procurando, ut id ab alis fiat, a quocumque sacerdote quovis priyilegio, auctoritate, et dignitate munito, praeterquam a Nobis, Nostrisque Successoribus, nisi in fine vitae, et excepto mortis articulo, spe absolutionis obtinendae, quam Nobis et Successoribus praedictis reservamus, perpetuo careat. §4. Demum magnopere ecupientes a sacerdotalis iudicii, et sacri tribunalis sanctitate omnem turpitudinis occasionem, et Sacramentorum eontemptum, et Heclesiae iniuriam longe submovere, et tam exitiosa huiusmodi mala prorsus eliminare, et quantum in Domino possumus, animarum periculis occurrere, quas sacrilegi quidam, daemonis potius, quam Dei ministri, loco eas per Sacramentum Creatori suo ac nostro reconciliandi, maiori peccatorum mole onerantes, in profundum iniquita- tis barathrum nefarie submergunt, nonnullorum Venerabilium Fratrum Nostrorum Sanctae Romanae Ecclesiae Cardinalium, et aliquorum in theologia Magistrorum consilio desuper adhibito, accedentibus quoque iteratis plurium Episcoporum supplicationibus, hae Nostra in per- petuum valitura sanctione, quemadmodum a pluribus Episcopis per synodales suas constitutiones iam factum esse novimus, omnibus et sin- gulis sacerdotibus, tam saecularibus quam regularibus cuiuscumque Ordinis, ac dignitatis, tametsi alioquin ad confessiones excipiendas approbatis, et quovis privilegio et indulto, etiam speciali expressione, et specialissima nota et mentione digno suffultis, auctoritate A postolica, et Nostrae potestatis plenitudine interdicimus et prohibemus, ne aliquis eorum, extra casum extremae necessitatis, nimirum in ipsius mortis > APPENDIX I 553 articulo, et deficiente tune quocumque alio sacerdote qui confessarii munus obire possit, confessionem sacramentalem personae complicis in peceato turpi atque inhonesto, contra sextum Decalogi praeceptum commisso, excipere audeat, sublata propterea illi ipso iure quacumque auctoritate et iurisdictione ad qualemeumque personam ab huiusmodi culpa absolvendam; adeo quidem, ut absolutio, si quam impertierit, nulla atque irrita omnino sit, tanquam impertita a sacerdote, qui iuris- dictione ac facultate ad valide absolvendum necessaria privatus existit, quam ei per praesentes has Nostras adimere intendimus; et nihilo- minus, si quis confessarius secus facere ausus fuerit, maioris quoque excommunicationis poenam, a qua absolvendi potestatem Nobis solis, Nostrisque Successoribus dumtaxat reservamus, ipso facto incurrat. § 5. Declarantes etiam, et decernentes, quod nec etiam in vim cui- uscumque lIubilaei, aut etiam Bullae, quae appellatur Cruciatae Sanctae, aut alterius cuiuslibet indulti, confessionem dicti complicis huiusmodi quisquam valeat excipere, eique sacramentalem absolutionem elargiri; cum ad hune effectum, et in hoe casu, nullus confessarius, utpote qui in huiusmodi peceati, et poenitentis genere, iurisdictione, ut praefertur, careat, et absolvendi facultate a Nobis privatus existat, habendus sit pro confessario legitimo, et’ approbato. Non obstantibus Constitutionibus, et Ordinationibus Apostolicis, praesertim quae nuncu- pantur Cruciatae Sanctae, vel Iubilaei Universalis et plenarii, necnon quibusvis Keclesiarum, et monasteriorum, et Ordinum quorumlibet, quorum ipsi sacerdotes fuerint, etiam iuramento, confirmatione Apos- tolica, vel quavis firmitate alia roboratis, statutis, et consuetudinibus, privilegiis quoque, indultis, et Litteris Apostolicis, sub quibuseumque tenoribus et formis, ac cum quibusvis clausulis, et decretis, etiam motu proprio, aut alias quomodolibet concessis, etiam iteratis vicibus appro- batis, et innovatis; quibus omnibus, eorum tenores praesentibus pro expressis habentes, hac vice dumtaxat specialiter et expresse derogamus, ceterisque contrariis quibuscumque. § 6. Volumus demum ae praecipimus, ut omnes locorum Ordinarii, fam praesentes quam futuri pro tempore existentes, in approbatione confessariorum, tam praedictam Constitutionem Gregorii Praedeces- soris, quam praesentem hane Nostram, ab omnibus sacerdotibus appro- bandis attente legi et accurate observari curent, moneantque eos in Domino atque hortentur, ut sacrum ministerium ipsorum fidei commis- sum summa animi innocentia, morum -puritate, iudicii integritate peragant, exhibeantque semetipsos ut ministros Christi et dispensatores mysteriorum Dei. Memores praeterea sint se locum tenere, ac vices obire summi atque aeterni Sacerdotis, qui sanctus, innocens, impollutus, per Spiritum Sanctum semetipsum obtulit immaculatum Deo, ut emun- daret conscientiam nostram ab operibus mortuis, ad serviendum Deo 554 A PRACTICAL COMMENTARY viventi: sedulo igitur studeant diligenterque caveant, ne quaerentibus et pulsantibus eorum culpa caelum claudatur; ne deperditae oves ad ovile dominicum redire properantes, eorum manibus ferarum dentibus dilaniandae tradantur; ne prodigi filii egentes et saucii ad coelestem Patrem revertentes, nefaria eorum improbitate, gravioribus peccatorum vulneribus, dum adhue in via sunt, confodiantur. § 7. Ut autem praesentes Litterae ad omnium notitiam facilius deve- niant, et nemo illarum ignorantiam allegare valeat, volumus illas seu earum exempla ad valvas Ecclesiae Lateranensis, et Basilicae Principis Apostolorum, necnon Cancellariae Apostolicae, Curiaeque Generalis in Monte Citatorio, ac in Acie Campi Florae de Urbe, ut moris est, affigi et publicari, sicque publicatas et affixas, omnes et singulos, quos illae concernunt, perinde arctare et afficere, ac si unicuique eorum nomina- tim et personaliter intimatae fuissent: utque ipsarum praesentium Litterarum transumptis seu exemplis, etiam impressis, manu alicuius Notarii publici subscriptis, et sigillo alicuius personae in ecclesiastica dignitate constitutae munitis, eadem prorsus fides, tam in iudicio quam extra illud, ubique adhibeatur, quae ipsis praesentibus adhiberetur, si forent exhibitae vel ostensae. § 8. Nulli ergo omnino hominum liceat paginam hane Nostrae volun- tatis, sanctionis, praecepti, mandati et derogationis infringere, vel ei ausu temerario contraire. Si quis autem hoe attentare praesumpserit, indignationem Omnipotentis Dei, ac BB. Petri et Pauli Apostolorum elus se noverit incursurum. Datum Romae apud S. Mariam Maiorem Anno Incarnationis Dominicae millesimo septingentesimo quadragesimo primo, Kalendis Iunii, Pontificatus Nostri Anno I. X. Sus-DarTARIvs. Pro D. Carp. PAssionEo CAIETANUS AMATUS. ConstituTio Grecorit PP. XV “Universi,” 30 Auvaustr 1622 Universi Dominici gregis curam, quamquam immeriti, caelesti dis- positione gerentes, sedulo invigilare tenemur, ut ab omnibus pravis contagis conservetur immunis, multoque maiori studio providere, ut omnis pestis ab lis avertatur, quibus alios sanandi officium est com- missum, ne quod Evangelica scripta Nos admonent, sale infatuato non sit, in quo saliatur, et ad nihilum prosit ultra, nisi ut mittatur foras, et conculcetur ab hominibus. §1. Quoniam autem a Romanis Pontificibus Praedecessoribus nostris quibusdam in locis provisum fuit, ut impium, ac nefandum scelus, quod non solum inter Christifideles non esse, sed nec etiam nominari debet, procul ab iis arceatur, videlicet, ut aliquis Sacerdos APPENDIX I 555 as sacras audiendas confessiones deputatus, sacrosancto Poenitentiae Sacramento, solicitando poenitentes ad turpia, abutatur, ac pro medi- cina venenum, pro pane aspidem porrigat, et ex caelesti medico infer- nalis veneficus, ex patre spirituali proditor execrabilis animarum red- datur: idcirco Nos ea, quae his perniciosissimis diaboli insidiis arcendis certis locis salubriter constituta sunt, ut nullibi desiderentur, quantum ex alto conceditur, providen. duximus. § 2. Alias siquidem a fel. rec. Pio Papa Quarto Praedecessore nostro emanarunt literae tenoris subsequentis, videlicet: Pius Papa Guartus Venerabili Fratri, Archiepiscopo Hispalen. in Regnis Hispa- marum haereticae pravitatis Inquisitori generali. Cum sicut nuper, non sine animt nostri molestia, accepimus, diversos Sacerdotes in Regnis Hispaniarum, atque etiam in eorum Civitatibus, et Dioecesibus curam animarum habentes, sive eam pro aliis exercentes, aut alias audiendis confessionibus poenitentium deputati, in tantum proruperint imiquitatem, ut Sacramento Poenitentiae in actu, audiendi confessiones abutantur, nec alli, et qui id institutt Domino Deo, et Salvatori nostro Jesu Christo iniuriam facere vereantur: mulieres videlicet poenitentes ad actus inhonestos, dum earum audiunt confessiones alliciendo, et provocando, seu allicere, et provocare tentando, et procurando, ac loco earum per Sacramentum huiusmodi Creatori nostro reconciliationis, graviort peccatorum mole eas onerando, et in manibus Diaboli tra- dendo, in Divinae Maiestatis offensam, et animarum perniciem, et Christifidelium scandalum non modicum. § I. Nos in animum, inducere nequeuntes, quod qui de Fide Catho- lica recte sentiunt, Sacramentis in Ecclesia Dei institutis abutantur, aut illis iniuriam faciant, fraternitati tuae, de cuius eximia pietate, virtute, atque doctrina plurimum in Domino confidimus, per praesentes committimus, et mandamus, quatenus per te, vel per alium, seu alios a te deputandum, seu deputandos contra omnes, et singulos Sacerdotes dictorum Regnorum, ac illarum Civitatum, et Dioecesum de praemissis quomodolibet diffamatos, tam saeculares, quam quorumvis etiam exemp- torum, ac Sedi Apostolicae immediate subiectorum Ordinum Regu- lares, cuiuscumque dignitatis, status, gradus, ordinis, conditionis, et praeeminentiae existant, tam super praemissis, quam super Fide Ca- tholica, et quid de ea sentiant, diligenter inquiras, et iuxta facultatum tibt contra haereticos, aut de haeresi quovis modo suspectos a Sede Apostolica concessarum continentiam, et tenorem procedas, ac culp- abiles repertos iuxta excessuum suorum qualitatem, prout iuris fuerit, punias, eos etiam si, et prout de iure fuerit faciendum, debita prae- cedente degradatione saecularis Iudicis arbitrio puniendos tradendo. § II. Non obstantibus, ete. § 3. Igitur, ut literae praedictae perpetuis futuris temporibus, et 556 A PRACTICAL COMMENTARY ubique locorum inviolabiliter observentur, Motu proprio, et ex certa scientia, ac matura deliberatione nostra, ac de consilio Venerabilium fratrum nostrorum 8. R. EK. Cardinalium contra haereticam pravitatem generalium Inquisitorum praeinsertas literas huiusmodi, ac omnia, et singula in eis contenta Apostolica auctoritate tenore praesentium ap- probamus, et confirmamus, illisque omnibus, et singulis inviolabilis Apostolicae firmitatis robur adiicimus, illasque non solum in praedictis Hispaniarum Regnis, sed in quibusvis Christiani Orbis partibus firmiter, et inviolabiliter observari praecipimus, et mandamus. $4. Ac praeterea ne in futurum de poena his delinquentibus imponenda, et de modo contra eosdem procedendi ab aliquo dubitari possit, statuimus, decernimus, et declaramus, quod omnes, et singuli Sacerdotes tam seculares, quam quorumvis, etiam quomodolibet ex- emptorum, ac Sedi Apostolicae immediate subiectorum Ordinum, Insti- tutorum, Societatum, et Congregationum Regulares cuiuscumque digni- tatis, et praeeminentiae, aut quovis privilegio muniti existant, qui per- sonas, quaecumque illae sint, ad inhonesta, sive inter se, sive cum aliis quomodolibet perpetranda in actu Sacramentalis confessionis, sive antea, sive post immediate, seu occasione, vel praetextu confessionis huiusmodi etiam ipsa confessione non sequuta, sive extra occasionem confessionis in Confessionario, aut in loco quocumque, ubi confessiones Sacramentales audiuntur, seu ad confessionem audiendam electo, simu- lantes ibidem confessiones audire, sollicitare, vel provocare tentaverint, aut cum eis illicitos, et inhonestos sermones, sive tractatus habuerint, in officio Sanctae Inquisitionis severissime, ut infra, puniantur. Et praeterea omnes haereticae pravitatis Inquisitores, et locorum Ordi- narlos omnium Regnorum, Provinciarum, Civitatum, Dominiorum, et locorum universi Orbis Christiani in suis quemque Dioecesibus, et Territoriis per has nostras literas, etiam privative quoad omnes alios specialiter, ac perpetuo Iudices delegamus, ut super his contra prae- dictos, simul, vel separatim in omnibus, prout in causis fidei, iuxta Sacrorum Canonum formam, necnon officii Inquisitionis huiusmodi Con- stitutiones, privilegia, consuetudines, et decreta diligenter inquirant, et procedant; et quos in aliquo ex huiusmodi nefariis excessibus cul- pabiles repererint, in eos pro criminum qualitate, et circumstantiis, suspen. ab executione ordinis, privationis beneficiorum, dignitatum, et officiorum quorumeumque, ac perpetuae inhabilitatis ad illa, necnon vocis activae, et passivae, si regulares fuerint, exilii, damnationis ad triremes, et carceres etiam in perpetuum absque ulla spe gratiae, poenas decernant, eos quoque si pro delicti enormitate graviores poenas merue- rint, debita praecedente degradatione, Curiae seculari puniendos tradant. § 5. Dantes etiam facultatem Venerabilibus Fratribus Nostris S. R. EK. Cardinalibus generalibus Inquisitoribus, ne delictum tam enorme, APPENDIX I 557 et Ecclesiae Dei tam perniciosum remaneat, ob probationum defectum, impunitum, cum difficilis sit probationis, testibus etiam singularibus concurrentibus, praesumptionibus, indiciis, et aliis adminiculis, delic- tum probatum esse arbitrio suo iudicandi, et Curiae seculari, ut prae- fertur, reum tradendum esse, pronunciandi. § 6. Non obstan. omnibus, quae dictus Praedecessor in suis literis praedictis voluit non obstare, caeterisque contrariis quibuscumque. §7. Mandantes omnibus Confessariis, ut suos poenitentes, quos noverint fuisse ab aliis, ut supra sollicitatos, moneant de obligatione denunciandi sollicitantes, seu ut praefertur, tractantes, Inquisitoribus, seu locorum Ordinariis praedictis: quod si hoc officium praetermise- rint, vel poenitentes docuerint non teneri ad denunciandum Confes- sarios sollicitantes, seu tractantes, ut supra, iidem locorum Ordinarii, et Inquisitores illos pro modo cvlpae punire non negligant. § 8. Volumus autem, ete. DOCUM. VI. Ex ConstituTione Pautr PP. III “Aurrrupo,” 1 Iuni 1537. . . . Sane cum sicut, non sine grandi et spirituali mentis nostrae laetitia, accepimus, quamplures incolae occidentalis et meridionalis Indiae, licet divinae sint legis expertes, S. Spiritu tamen cooperante, illustrati, errores, quos hactenus observarunt, penitus ab eorum men- tibus et cordibus abiecerint, ac fidei catholicae veritatem et S. Ecclesiae unitatem amplecti, et secundum ritum eiusdem Romanae Ecclesiae vivere desiderent et proponant. . . . Super eorum vero matrimoniis hoe observandum decernimus, ut qui ante conversionem plures iuxta eorum mores habebant uxores, et non recordantur quam primo acce- perint, conversi ad fidem, unam ex illis, accipiant, quam voluerint, ut cum ea matrimonium contrahant per verba de praesenti, ut moris est; qui vero recordantur quam primo acceperint, aliis dimissis, eam retine- ant. Ac eis concedimus, ut coniuncti etiam in tertio gradu tam con- sanguineitatis, quam affinitatis, non excludantur a matrimoniis contra- hendis donee huic S. Sedi super hoe aliud visum fuerit statuendum. .. , DOCUM. VII Constitutio 8. Pir PP. V “Romanr Ponriricis,’ 2 Avgustr 1571 Romani Pontificis aequa et cireumspecta providentia, ne ea quae pro salubri Indorum noviter ad fidem conversorum directione sanciri 558 A PRACTICAL COMMENTARY debent et terminari, alicuius haesitationis scrupulo subiaceant, declara- tionibus et aliis opportunis consuevit providere remediis. Cum itaque, sicut accepimus, Indis in sua infidelitate manentibus plures permit- tantur uxores, quas ipsi etiam levissimis de causis repudiant, hine fac- tum est quod recipientibus baptismum permissum sit permanere cum ea uxore, quae simul cum marito baptizata existit; et quia saepenumero contingit illam non esse primam coniugem, unde tam ministri quam Episcopi gravissimis scrupulis torquentur, existimantes illud non esse verum matrimonium; sed quia durissimum esset separare eos ab uxoribus, cum quibus ipsi Indi baptismum susceperunt, maxime quia difficillimum foret primam coniugem reperire: ideo Nos, statui dicto- rum Indorum paterno affectu benigne consulere, atque ipsos Episcopos et ministros ab huiusmodi scrupulis eximere volentes, motu proprio et ex certa scientia Nostra, ac apostolicae potestatis plenitudine, ut Indi, sic ut praemittitur baptizati, et in futurum baptizandi, cum uxore, quae cum ipsis fuerit baptizata et baptizabitur, remanere valeant, tan- quam cum uxore legitima, aliis dimissis, apostolica auctoritate, tenore praesentium, declaramus, matrimoniumque huiusmodi inter eos legitime consistere ete. DOCUM. VIII ConstituTio Grecorir PP. XIII “Porvuuis,” 25 Ianvarir 1585 Populis ac nationibus nuper ex gentilitatis errore ad fidem catho- licam conversis expedit indulgere circa libertatem contrahendi matri- monia, ne homines, continentiae servandae minime assueti, propterea minus libenter in fide persistant, et alios illorum exemplo ab eius per- ceptione deterreant. Quoniam igitur saepe contingit multos utriusque sed praecipue virilis sexus infideles, post contracta gentili ritu matri- monia, ex Angola, Aethiopia, Brasilia, et aliis Indicis regionibus, ab hostibus eaptos, a patriis finibus et propriis coniugibus in remotissimas regiones exterminari, adeo ut tam ipsi, captivique qui in patria rema- nent, si postea ad fidem convertantur, coniuges infideles tam longo locorum intervallo disiunctos, an sine contumelia Creatoris secum coha- bitare velint, ut par est, monere nequeant, vel quia interdum ad hostiles et barbaras provincias ne nuntiis quidem accessus pateat, vel quia ignorent prorsus in quas regiones fuerint transvecti, vel quia itineris Icngitudo magnam afferat difficultatem: idcirco Nos, attendentes huius- medi connubia inter infideles contracta, vera quidem, non tamen adeo rata censeri, ut necessitate suadente dissolvi non possint, talium gen- tium infirmitatem paterna pietate miserati, universis et singulis dicto- rum locorum Ordinariis et parochis, et presbyteris Societatis Iesu ad APPENDIX I 559 confessiones audiendas ab eiusdem Societatis Superioribus approbatis et ad dictas regiones pro tempore missis vel in illis admissis, plenam auctoritate Apostolica, tenore praesentium, concedimus facultatem dis- pensandi cum quibuscumque utriusque sexus Christifidelibus incolis dictarum regionum et serius ad fidem conversis qui ante baptisma sus- ceptum matrimonium contraxerunt, ut eorum quilibet, superstite coniuge infideli, et elus consensu minime requisito, aut responso non expectato, matrimonia cum quoyis fideli alterius etiam ritus contrahere et in facie Keclesiae solemnizare, et in eis postea carnali copula consummatis quoad vixerint remanere licite valeant: dummodo constet etiam sum- marie et extraiudicialiter, coniugem, ut praefertur, absentem moneri legitime non posse, aut monitum intra tempus in eadem monitione praefixum suam voluntatem non significasse; quae quidem matrimonia, etiamsi postea innotuerit coniuges priores infideles suam voluntatem luste impeditos declarare non potuisse, et ad fidem etiam tempore contracti secundi matrimonii conversos fuisse, nihilominus rescindi nunquam debere, sed valida et firma, prolemque inde suscipiendam legi- timam fore decernimus. Non obstantibus ete. APPENDIX II SUMMARY OF CENSURES AND OTHER PENALTIES INCURRED AUTOMATICALLY (late sententie) I. EXCOMMUNICATIONS A. EXCOMMUNICATIONS RESERVED IN A Most Sprecran MANNER TO THE APOSTOLIC SEE (1) For casting away, carrying off, or keeping for evil purpose the Blessed Sacrament (Canon 2320). (2) For laying violent hands on the person of the Roman Pontiff (Canon 2343, § 1). (3) For giving absolution or pretended absolution of one’s own accomplice in a sin of impurity (Canon 2367). (4) For direct violation of the seal of confession by confessor (Canon 2369, § 1). (5) For several violations of the laws on the election of the Roman Pontiff (Canon 2330). B. EXCOMMUNICATIONS RESERVED IN A SpecIAL MANNER TO THE APOSTOLIC SEE (1) For apostasy, heresy, schism (Canon 2314, §§ 1-2). (2) For suspicion of heresy when the persons do not amend within six months from date of admonition (Canon 2315). (3) For publishing books of heretics, schismatics, or apostates defending heresy, schism, apostasy; for defending, reading or keeping the aforesaid books or books condemned by name by Apostolic letters (Canon 2318, § 1). (4) For pretending to say Mass or hear Sacramental Confession by one who is not an ordained priest (Canon 2322, § 1). (5) For appealing to an cumenical Council against the Supreme Pontiff (Canon 2332). (6) For having recourse to the civil authorities to impede the acts of the Holy See or its Legates; injuring or terrorizing persons for reason of such acts (Canon 2333). (7) For the issuance of laws, precepts or orders violating the 560 APPENDIX II 561 rights and freedom of the Church; recourse to civil authorities for the purpose of interfering with ecclesiastical jurisdiction (Canon 2334). (8) For instituting suit in the civil courts against a Cardinal, Legate of the Holy See, major official of the Roman Curia, or one’s own Ordinary (Canon 2341). (9) For laying violent hands on the person of a Cardinal, Legate of the Holy See, patriarch, archbishop, or bishop (Canon 2343, § 2). (10) For the usurpation and retention of goods and rights of the Papacy (Canon 2345). (11) For the forgery of documents of the Apostolic See and de- liberate use of such documents (Canon 2360). (12) For the false denunciation of a confessor of the crime of solicitation (Canon 2363), C. EXCOMMUNICATION RESERVED Simpty TO THE ApostTotic SEE (1) In profiteering from indulgences (Canon 2327). (2) For joining the Freemasons or similar sects (Canon 2335). (3) For absolving without faculties from excommunication re- served either in a most special or in a special manner to the Apostolic See (Canon 2338, § 1). (4) For assisting or favoring an excummunicatus vitandus in the crime for which he was excommunicated; for communicating with such a person by admitting him to divine services (Canon 2338, § 2). (5) For instituting a suit in the civil courts against a bishop, an abbot or prelate nullius, or a supreme head of religious organization — of papal law (Canon 2341). (6) For the violation of the enclosure of nuns; in the case of nuns, for leaving enclosure illegally (Canon 2342, § 1). (7) For the violation of the enclosure of monasteries of religious men in solemn vows (Canon 2342, § 2). (8) For the usurpation of ecclesiastical goods (Canon 2346). (9) For fighting a duel, for issuing or accepting a challenge to the same, and for assisting, favoring, or purposely witnessing it (Canon 2351). (10) In the case of clerics in sacred orders and religious in solemn vows, and their partners, for attempting marriage (Canon 2388, § 1). (11) For the commission of simony in ecclesiastical pee bene- fices, or dignities (Canon 2392). (12) For destroying, hiding, carrying off, or altering a document of the episcopal Curia during a vacancy of the episcopal see (Canon 2405). 562 A PRACTICAL COMMENTARY D. ExCcoMMUNICATIONS RESERVED TO THE ORDINARY (1) For contracting marriage before a non-Catholic minister, or making an agreement that a child or children shall be educated outside the Catholic Church, or offering a child for baptism to a non-Catholic minister; parents and those taking the parents’ place for having chil- dren educated in a non-Catholic religion (Canon 2319, § 1). (2) For making, selling, distributing, or exposing false relics for public veneration (Canon 2326). (3) For laying violent hands on clerics or religious (Canon 2343, § 4). (4) For the effective procuring of abortion (Canon 2350, § 1). (5) For apostasy from a laical or a non-exempt religious organi- zation (Canon 2385). (6) For marriage by a religious bound to perpetual simple vows (Canon 2388). E. NON-RESERVED EXCOMMUNICATIONS (1) Authors and publishers of books of the Bible for publishing them without permission (Canon 2318, § 2). (2) For forcing the ecclesiastical burial of infidels, apostates, heretics, schismatics, or excommunicated or interdicted persons whose excommunication or interdict has been pronounced by a competent ecclesiastical superior (Canon 2339). (3) For the alienation of ecclesiastical goods without the required beneplacitum Apostolicum (Canon 2347, n. 3). (4) For forcing a man to embrace the clerical state, and forcing a man or woman to enter the religious state (Canon 2352). (5) For neglecting to denounce the confessor who is guilty of solicitation (Canon 2368, §2). II. INTERDICTS A. IntTERpDICcT SPECIALLY RESERVED TO THE APOSTOLIC SEE Moral persons appealing to an Ccumenical Council against the Supreme Pontiff (Canon 2332). B. IntEerpict RESERVED TO THE ORDINARY Persons who grant ecclesiastical burial to infidels, apostates, heretics, schismatics, or excommunicated or interdicted persons after APPENDIX II 563 a declaratory or condemnatory sentence of excommunication or inter- dict (Canon 2339). C. Non-RESERVED INTERDICTS (1) For celebrating or making others celebrate divine services in interdicted places; for admitting clerics excommunicated, interdicted, or suspended by declaratory or condemnatory sentence to the celebra- tion of divine services forbidden by the censure (Canon 2338, § 3). (2) The interdict against persons who are the cause of a local interdict or of an interdict on a college or community (Canon 2338, § 4). III. SUSPENSIONS A. SUSPENSIONS RESERVED TO THE APOSTOLIC SEF (1) For conseecrating a bishop without Apostolic mandate (Canon 2370). (2) For the reception of orders through simony; for the admin- istration or reception of other sacraments through simony (Canon 2371). (3) For the reception of orders from a notorious apostate, heretic or schismatic, or from one who is excommunicated, suspended or inter- dicted by declaratory or condemnatory sentence (Canon 2372). (4) For ordaining a non-subject without dimissorial letters, or one’s own subject without testimonial letters or without a canonical title, or a religious domiciled in another diocese (Canon 2373). (5) The suspension of religious in sacred orders whose profession was declared invalid for reason of deceit (Canon 2387). (6) The suspension of chapters and communities and others con- cerned who admit elected, presented or nominated persons to offices, benefices or dignities, before they have obtained and exhibited the letters of appointment (Canon 2394, n. 3). B. Suspensions RESERVED TO THE ORDINARY (1) For suing in the civil court another cleric or religious without permission of local Ordinary (Canon 2341). (2) The suspension of religious in sacred orders becoming a fugi- tive from his organization (Canon 2386). 564 A PRACTICAL COMMENTARY C. NON-RESERVED SUSPENSIONS (1) For hearing confessions without jurisdiction, or absolving from reserved sins without faculties (Canon 2366). (2) For maliciously presenting oneself for ordination without dimissorials, or before the canonical age, or without observing due Sequence in the reception of orders (Canon 2374). (3) For resigning an ecclesiastical office, benefice, or dignity into the hands of laymen (Canon 2400). (4) Abbots and prelates nullius for neglecting to receive the ab- batial blessing within the prescribed time (Canon 2402). (5) Vicar-capitular (administrator of vacant diocese) for issuing dimissorial letters in violation of the precept of Canon ate pabey (Canon 2409). (6) Religious superiors for unlawfully sending their subjects for ordination to a strange bishop (Canon 2310). APPENDIX III SUMMARY OF THE DOCUMENTS OF THE ROMAN PONTIFF AND THE SACRED CONGREGATIONS AFFECTING THE LAWS OF THE CODE. (1) Decree of the Sacred Congregation of Seminaries and Uni- versities, August 7, 1917, ordered that the Code of Canon Law be adopted as the text-book of Canon Law in all ecclesiastical universi- ties and schools of Canon Law. The disposition of the subject matter of Canon Law, as contained in the books, titles and chapters of the Code, is to be faithfully followed. If the professor desires the students to use some book as a help to the study of the Code, the book must be one that adapts itself to the order of subjects as given in the Code (Acta Ap. Sedis, IX, 439). (2) The Motu Proprio of Pope Benedict XV, September 15, 1917, established the Committee for the Authentic Interpretation of the Code. The Sacred Congregations shall not issue new General Decrees unless the needs of the Universal Church eall for them. Otherwise the Sacred Congregations have the duty to urge the faithful observance of the Code, and to issue Instructions by which the precepts of the Code are explained and their observance made effective. If a new General Decree becomes necessary and it disagrees with the Code, the Sacred Congregation shall inform the Supreme Pontiff of the fact. After the Supreme Pontiff has approved the Decree, it shall be submitted to the Sacred Congregation of the Council, which shall adapt the Decree to the form of the Canons of the Code. If the new Decree differs from some precept of the Code, the Sacred Congregation of the Council shall indicate what Canon is to be replaced by the new Decree; if the Decree covers a point on which the Code is silent, the Sacred Congregation shall indicate where the new Canon is to be placed, and it shall get the number of the Canon immediately preceding with the annotation bis, ter, ete. (Acta Ap. Sedis, IX, 483). (3) Various declarations on former laws abolished by the Code. (a) Are the dispositions of the Council of Baltimore in reference to the right of nominating the administrator of a vacant diocese still in force, or have they been abolished by the Code? Answer: They have been abolished. 565 566 A PRACTICAL COMMENTARY Is Canon 427 to be applied in the case of vacancy of a bishopric (i.e., whether the diocesan consultors elect an administrator)? ) Does Canon 460 (stating that there shall be but one pastor in one district) apply only to parishes to be later established, or also to parishes erected before the promulgation of the Code? Answer: It applies also to parishes erected before the Code became law. Does the precept of Canon 460 apply also to parishes in which the plurality of pastors was introduced, not by custom or privilege, but by legitimate statute? Answer: It apples also to those parishes. Do the rights already acquired by the several pastors in one and the same district (cumulative pastors) remain to them both in spir- itual and temporal affairs, or are the temporal rights lost? Answer: The above answers decide the case, 1.¢., only one priest with parochial Jurisdiction can remain in one and the same district. For the appli- cation of Canon 460 to these special circumstances, recourse is to be had to the Sacred Congregation of the Council. Is the care of souls in a district which had several pastors to be committed to the one pastor who has the preéminence of honor? An- swer: The same as in the preceding paragraph ( Committee, July 14, 1922; Acta Ap. Sedis, Avena) (c) Are the words of Canon 462, n. 7—“to conduct public proces- sions outside the church”—to be understood of those processions only which start from the parochial church, or also of processions which start from other churches located within the territory of a parish, even when these churches are not subsidiary churches of the parish, and have their own rector? Answer: Those words apply to all these churches, without prejudice, however, to the rights granted to all ncen-parochial churches by Canons 482 and 1291 (Committee, Novem- ber 12, 1922; Acta Ap. Sedis, XIV, 661). ° (d) The Archbishop of Breslau explains that in his archdiocese : : | : | 7 a Malet poy eee _———w Spas rfl es APPENDIX III 587 there are three kinds of pastors: (i) in the scattered districts where the Catholic people are but few in number as compared to the non- Catholics, there are many parishes erected which are similar to those in missionary countries; they are not benefices properly so called, but stations or chapels erected for the care of souls within certain districts defined by territorial boundaries; (ii) in other parts of the country where there are parishes in the proper sense of the term, other churches have been erected for the benefit of parishioners who are too far away from the parish church, and these churches have not been completely separated from the parish; (iii) other churches exist which are of the nature of those mentioned in n. 2, but the rectors of these churches have the administration of the temporal goods entirely inde- pendently of the parish church. Are the pastors of the various kinds of parishes obliged to apply Mass for the people? Answer: The pas- tors mentioned under n. 1 are: those described under nn. 2 and 3 are not [Sacred Congregation of the Council (in Causa Wratislaviensi), July 13, 1918; Acta Ap.-Sedis, XI, 46]. (e) Whether a priest who is temporarily in charge of several par- ishes is obliged to apply more than one Mass on Sundays and holydays for the people of the several parishes entrusted to him. Answer: He may apply one Mass in accordance with Canon 473 (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 528). (f) The pastor of the cathedral church precedes the pastor of a non-cathedral church, though the latter holds at the same time a dignity in the cathedral church [Sacred Congregation of the Council (in Causa Forloviensi), February 10 and June 9, 1923; Acta Ap. Sedis, XVI, 400]. (17) Concerning parochial vicars. (a) Is a parochial administrator who has charge over several parishes at the time of their vacancy obliged to say one Mass only on Sundays and holydays for the congregations of the various parishes? Answer: Yes, one Mass only, in accordance with Canons 473 and 466 (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 528). (b) The vicarius substitutus (1.e., a priest who takes charge of a parish in the absence of a pastor, cfr. Canon 465) has, in virtue of Canon 474, full parochial powers in all things concerning the care of souls. In reference to the assistance at marriages by a substitute of a pastor, various points have been decided (cfr. Volume I, n. 343) by the Committee, July 14, 1922; Acta Ap. Sedis, XIV, 528; May 20, 1923; Acta Ap. Sedis, XVI, 113). (c) The vicarii cooperatores (i.e. assistant priests to a pastor) are appointed by the bishop, but he must, in accordance with Canon 588 A PRACTICAL COMMENTARY 476, give a hearing to the pastor before making the appointment of an assistant priest, for the Sacred Congregation of the Council, No- vember 13, 1920, declared that, notwithstanding any eustom to the contrary, the Ordinary must consult the pastor (Acta Ap. Sedis, XIII, 43). (2) Assistant priests’ rights and duties are not determined by the common law, but must be learned from the statutes of the respective diocese, from the letters of appointment of the bishop, and from the commission given them by the pastor (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 113). 18. Concerning the constitutions, superiors and chapters of re- ligious organizations. (a) The Canons of the Code on religious laical organizations have been translated into various languages, the translations being author- ized but not official. Now, in some translations the text of certain Canons does not agree with the precepts of those Canons in the Code. It is asked whether some changes have been made in those matters, or whether one must adhere to the text of the Code and consider the divergence of the translation as a mistake? Answer: The Code must be adhered to and the translation is to be corrected (Sacred Congrega- tion of Religious, April 2, 1919; Acta Ap. Sedis, XI, 179). (6) The Rules or Norme, according to which the Sacred Con- gregation of Religious usually proceeds in the approval of new re- ligious congregations, were first published in 1901. The Sacred Con- gregation has revised these rules in accordance with the Code of Canon Law. The new Norme outline the manner of procedure by the bishop who wishes to establish a new religious congregation. The second part of the old Norme, on the government of new congregations, the novitiate, profession, ete., is not considered necessary any longer by the Sacred Congregation. It says that the writers of constitutions for new religious organizations should be guided by the Canons of the Code and by approved authors who wrote on the foundation of new religious organizations after the publication of the Norme of 1901 (Sacred Congregation of Religious, March 6, 1921; Acta Ap. Hedis PLT Ley. (c) Do the convents of nuns in France and Belgium, whose vows were originally solemn vows but were reduced to simple vows by order of the Apostolic See, continue to be under the jurisdiction of the local Ordinaries as before the promulgation of the Code? Answer: The Holy See is to be requested to make those convents dependent on the local Ordinaries with this limitation that the bishops have no authority to change the rules of the ancient Orders or the constitutions of nuns eS Se Sa mat i as o APPENDIX III 589 approved by the Holy See. The Supreme Pontiff approved the recom- mendation of the Sacred Congregation (Sacred Congregation of Re- ligious, May 22, 1919; Acta Ap. Sedis, XI, 240). (d) It happens at times that convents of nuns, whose vows were originally solemn vows but have been reduced to simple vows by the Apostolic See in some countries, establish new convents of the same order in other countries by sending there some of the nuns. From this condition the following questions arise: (1) Are the vows of the nuns in convents established in other coun- tries to be considered solemn or simple vows? Answer: They are solemn vows provided the beneplacitum of the Apostolic See was ob- tained for the new convents in other countries. (ii) Can the nuns spoken of in Canon 488, n. 7, establish new convents in other places without the beneplacitum of the Holy See? Answer: No, and the Holy See is to be requested to grant a sanatio for the convents already founded without the beneplacitum of the Holy See. ; (iii) Does a convent of nuns with solemn vows and Papal enclosure when transferred to another place continue to have Papal enclosure and solemn vows? Answer: Recourse is to be had in each case to the Apostolic See. (iv) What is the canonical status of a convent of nuns spoken of in Canon 488, n. 7, when transferred to a country where the reduction of solemn to simple vows does not apply? Answer: Hach case is to be referred to the Apostolic See. The Supreme Pontiff approved the Decree of the Sacred Congregation and granted the request for the sanatio (Saered Congregation of Religious, July 27, 1922; Acta Ap. Sedis, XIV, 554). (e) Concerning the convents of nuns in France and Belgium the Holy See declared: (i) the nuns of convents which profess the rules of religious Orders and whose vows were originally solemn vows, though at present they have only simple vows, are truly nuns of Papal Law in the sense of Canon 488, n. 7, like other nuns in the universal Church; (ii) their convents, however, are not subject to the superiors of regular orders, except by special privilege, and therefore they do not, in accordance with Canon 615, enjoy the privilege of exemption, but are subject to the jurisdiction of the local Ordinaries in those matters in which the Code gives the local Ordinaries jurisdiction over nuns; (iii) there is no objection at present, if a convent of nuns re- quests it, to their being permitted to make solemn vows observing Papal enclosure, provided they obtain the permission of the Apostolic See (Sacred Congregation of Religious, June 23, 1923; Acta Ap. Sedis, XV, 357). 590 A PRACTICAL COMMENTARY (f) On the government of religious there are the following declara- tions: Have the founders (men or women) of religious congregations or pious societies, who live after the manner of religious, the right to retain for life the office of supreme superiors in the organization, though the constitutions limit the office of the superior to a certain term of years and forbid the reélection of the same persons beyond a certain limit? Answer: They have no right to perpetual superior- ship, unless they have obtained an Apostolic Indult (Sacred Congre- gation of Religious, February 25, 1922; Acta Ap. Sedis, XIV, 163). Concerning the repeated reélection of the same person to the office of superior general in religious organizations of women, the Sacred Cengregation of Religious declares that, where the constitutions fix the term of office (extending frequently to six years), and allow the reélection for another term, the Chapter needs permission from the Sacred Congregation of Religious to reélect superiors for a third, fourth, ete., term. The very fact that the constitutions decree that the office of the superioress general should be temporary, prove that reelection of the same person for more than two terms (especially when each term lasts six years) is against one of the essential prin- ciples of the constitution of these organizations. The Holy See wishes to impress the voters with the fact that it does not easily permit the holding of office by the superioress general beyond the terms fixed by the constitutions (Circular Letters of the Sacred Congregation of Religious, March 9, 1920; Acta Ap. Sedis, XII, 365). The Instruction of the Sacred Congregation of Religious on the Papal enclosure of nuns states that, since the promulgation of the Decree of this Congregation, June 23, 1923, on the status of the nuns in France and Belgium, many convents of nuns have availed them- selves of the permission to apply for the making of solemn vows, and have asked for definite information on the law of Papal enclosure to be observed by those convents which obtained permission to make solemn vows. The Sacred Congregation, therefore, sums up the former law on the enclosure of nuns, and modifies these laws to some extent to harmonize with the Code and to take account of modern conditions (Sacred Congregation of Religious, February 6, 1924; Acta Ap. Sedis, XVI, 96). The term “local superior” in the Code does not apply to the su- periors of those religious houses which are merely branches of the motherhouse (domus filiales), because such superiors are only dele- gates of the superior of the motherhouse and are removable at the will of that superior. The Sacred Congregation of Religious ordains that, in the revision of the constitutions for the purpose of conforming APPENDIX III 591 them to the Code of Canon Law, each Order and congregation should specify which houses are to be considered merely as branches of the motherhouse (Sacred Congregation of Religious, February head BS via Acta Ap. Sedis, XVI, 95). Concerning the precept of Canon 505, that the local superiors shall not hold office for more than two terms of three years each, the question arose whether that law is to be applied also to the superiors or directors of schools, hospitals, and other charitable institutes. The Holy See has declared that the precept of Canon 505 applies also to them, if they are at the same time religious superiors having charge over other religious in reference to religious discipline; if they do not have such charge, the law does not apply to them (Committee, June 2-3, 1918; Acta Ap. Sedis, X, 344). If a convent of sisters in solemn vows is under the jurisdiction of the regular superior, he has the right to preside at the elections held by the nuns (cfr. Canon 506, § 2). The local Ordinary, however, is to be informed of the elections to be held, and, if he desires, he may attend the elections together with the regular superior, and the Holy See declares that the local Ordinary or his delegate has then the right to preside at these elections (Committee, November 24, 1920; Acta Ap. Sedis, XII, 574). As to the Chapter of diocesan religious communities, the question arose whether the bishop of the motherhouse or the superioress general has the right to decide where the Chapter is to be held, if the diocesan congregation has houses in other dioceses. The Sacred Congregation of Religious declares that the Mother General has the right to de- termine where the Chapter is to be held, and that the right of presiding over the election of the Mother General and of confirming or rescinding the election does not pertain to the local Ordinary of the motherhouse, but to the local Ordinary of the place where the Chapter is held, in accordance with Canon 506, § 4. The Supreme Pontiff approved the decision of the Sacred Congregation (June 25, 1921; Acta Ap. Sedis, XIII, 481). In reference to the visitation of the convents of Sisters in solemn vows which are under the jurisdiction of regulars, the question arose whether, in accordance with Canons 512, § 2, n. 1, and 513, the local Ordinary (besides the regular superior) has the right to visit these convents every five years in reference to the observance of the law of enclosure? Answer: Yes, he has the right according to Canon 513 (Committee, November 24, 1920; Acta Ap. Sedis, XII, 575). (g) Concerning the confessors of religious, the following declara- tions have been issued: The Sacred Congregation of Religious had answered the Bishop 592 A PRACTICAL COMMENTARY of Linz, July 3, 1916, that there was no obligation to appoint an ordinary confessor for a convent, if there are not at least six Sisters living at the convent. Canon 520 prescribes that a confessor should be appointed for every house of Sisters. The Archbishop of Prague, therefore, asked whether he might act on the Decree of the Sacred Congregation to the Bishop of Linz? Answer: The precept of Canon 020 is to be observed (Sacred Congregation of Religious, J anuary 10, 1920; Archiv fiir katholisches Kirchenrecht, C, 47). The Bishop of Osnabriick asked whether there is a strict obliga- tion to appoint for each convent of Sister an ordinary and an extraor- dinary confessor in the case of the so-called domus non-formate (i.e., houses in which there are less than six professed Sisters), or whether that obligation exists only when there are more than six professed Sisters in a convent? Answer: Canons 520-521 give the answer—i.e., those confessors must be appointed for each convent of Sisters. In reference to the other question proposed by the same bishop concern- ing the place of confession for Sisters, the declaration of the Com- mittee, November 24, 1920, is decisive (Committee, January 16, L924: Archiv fiir katholisches Kirchenrecht, CI, 61). Concerning the place of confession for Sisters the Holy See was requested to decide whether Canon 522—stating that “confession made in any church or public and semi-public oratory is valid and licit” —1is to be understood in such a manner that the confession made out- side those places is not only illicit but also invalid. The Committee answered: Canon 522 is to be understood in such a way that the confession made by a Sister for the peace of her conscience to any confessor approved by the local Ordinary for confessions of women is licit and valid, provided it be made in a church or a public or semi- public oratory, or in a place legitimately appointed for the hearing of confessions of women (Committee, November 24, 1920; Acta Ap. Sedis, XII, 575). The Bishop of Osnabriick proposed the following difficulty to the Sacred Congregation of Religious: What course of action may be taken by Sisters who are in the convent, and who want for the peace of their conscience to approach a confessor approved for the confes- sions of women by the local Ordinary without the knowledge of their superioress? Answer: Canon 522 permits, indeed, that a Sister make use of any occasion that presents itself to go to confession for the peace of her conscience to any confessor approved for the confessions of women by the local Ordinary, even without the knowledge of her superioress. That Canon, however, does not in any way impose upon the superioress or upon the Ordinary the duty to create such occasion for the Sisters—much less shall anything be changed for that purpose Ss eS ee, — ee ee ee ee ee ee ee —— aos ee APPENDIX III 593 in the discipline of the enclosure or in the constitutions. Wherefore, the Sacred Congregation of Religious answers to the question of the bishop that the Sisters should await an occasion, but they may not without permission leave the enclosure to go to confession; they must pear the situation patiently, if no occasion offers them an opportunity to make use of the concession of Canon 522 (December 1, 1921; Archiv fiir katholisches Kirchenrecht, CII, 84). (19) Concerning the temporal goods of religious and their admin. istration: In virtue of Canon 535, n. 1, must an account of the administration be given by Sisters in solemn vows, who are under the jurisdiction of the regular superior, not only to the regular superior but also to the local Ordinary? Answer: To both the superior and the Ordinary (Com- mittee, November 24, 1920; Acta Ap. Sedis, XII, 575). (20) Concerning the report on the status of religious Orders and congregations of Papal law to the Holy See: The Code prescribes that the supreme superior of every monastic congregation and religious organization of Papal law shall make a report to the Holy See on the status of his respective organization every five years, or more frequently if the constitutions prescribe it (efr..Canon 510). Now, the Sacred Congregation regulates the order or sequence in which the various religious Orders and congregations are to make the report, beginning with January 1, 1923 (March 8, 1922; Acta Ap. Sedis, XIV, 161). Cfr. Volume Tony oo: For the religious organizations of simple vows approved by the Holy See the Sacred Congregation of Religious has issued a formula or questionnaire upon which the superior generals of those organi- zations is to base their reports (March 25, 1922; Acta Ap. Sedis, XIV, 278). (21) Concerning the novitiate. (a) The constitutions of some religious organizations prescribe two years’ novitiate, and allow the superiors to employ the novices in various duties of the organization during the second year. The Sacred Congregation of Religious demands: (i) that the second year be truly a year of novitiate, given chiefly to the formation of the spir- itual life of the novices; (ii) the novices may, if the constitutions allow it, be employed in the work of the community, but only for the purpose of completing their training, and may not be employed to supply the want of teachers or nurses ; (iii) if the constitutions allow the novices to be sent outside the house of novitiate in the second year, this may be done for the purpose of the further training of the novices, but they may not be sent out to supply the want of professed re- ligious; (iv.) for two months prior to the making of profession, the 594 A PRACTICAL COMMENTARY novices must be at the house of novitiate, and must be free from all employment which interferes with their immediate preparation for profession (November 3, 1921; Acta Ap. Sedis, XIII, 539). (0) Canon 542 rules that persons who have adhered to a non- Catholic sect cannot be validly received into the novitiate. The Holy See was requested to declare whether it meant converts from heresy ov schism, who were born in heresy or schism, or Catholics who had fallen away from the faith and belonged to a non-Catholic sect? An- swer: It means Catholics who have fallen away and joined a non- Catholic sect (Committee, October 16, 1919; Acta Ap. Sedis, XI, 477). (c) What is to be done if the religious superior or the rector of a seminary or college refuses to issue sworn testimonial letters as re- quired by Canon 545, § 1, when requested by the superior of an or- ganization which desires to receive the postulant? Answer: The pre- cept of the Code must be observed, and, if there is question of diocesan or of laical institutes (either colleges or seminaries), the local Ordinary shall proceed against the rector or superior who refuses to issue sworn letters with penalties, even the deprivation of office; in case of clerical religious organizations or religious Orders, the supreme superior shall proceed against the rector or superior in the same manner as the local Ordinary. If, nevertheless, sworn testimonials cannot be obtained, the matter is to be referred to the Sacred Congregation (Sacred Con- gregation of Religious, November 21, 1919; Acta Ap. Sedis, XII, 17). (a) In religious Orders and congregations of women the local Or- dinary must examine the candidates before their admission to the no- vitiate, before their profession of the first vows, and before they take perpetual vows (cfr. Canon 552). The bishop of a certain diocese explains that it had been the custom for several centuries in his diocese to demand a tax for this work from the religious communities, and he asks whether that custom may continue? Answer: No, the custom may not be continued (Sacred Congregation of Religious, March 20, 1522; Acta Ap. Sedis, XIV, 352). } (e¢) Concerning the reckoning of the time of the year of novitiate (cfr. Canon 555), the Holy See was asked to decide whether the year is to be reckoned in accordance with Canon 34, § 3, n. 3, and whether that reckoning is obligatory under pain of invalidity of the profes- sion. Answer: Canon 34, n. 3, is to be applied, so that the first day (1.e., the day of reception) does not count, and the year is not com- pleted until after the day of the same number; this reckoning of the year is prescribed under pain of invalidity of the profession (Com- mittee, November 12, 1922; Acta Ap. Sedis, XIV, 661). (f) In accordance with Canon 567 and Canon 578, n. 1,. have novices and temporarily professed religious who die, the right to the a: °-,7 9 . Pe 7 ae APPENDIX III 595 same suffrages as members who die in solemn or perpetual simple vows, even though the constitutions ordain otherwise? Answer: Yes; the Orders and congregations shall in the revision of their constitu- ticns (prescribed by Decree of the Sacred Congregation of Religious, June 26, 1918) determine the suffrages, but they must be the saine for all, novices and professed members (Committee, October 16, 1919; Acta Ap. Sedis, XI, 477). (g) Is the Decree of the Sacred Congregation of Religious, Sep- tember 10, 1912, allowing the novices who become dangerously ill to make profession though they have not yet completed the novitiate, still in force, though the Code does not provide for such profession? Answer: Yes. The Sacred Congregation repeats the above-mentioned Decree, and points out that the profession is of no juridical value in case the novice survives the danger (Sacred Congregation of Religious, December 30, 1922; Acta Ap. Sedis, XV, 156). (rh) Canon 569 provides that the novices before profession may freely dispose of the use of their goods and the revenue derived from them, which disposition is to last for the time that they remain in vows. The question arose whether the constitutions may determine for what purpose the use and revenue of the goods of novices are to be em- ployed, and thus restrict the free disposition by the novices. Answer: The constitutions which have been approved before the promulgation of the Code are to be observed, though théy deprive the novices of the right to dispose of the use and the revenue of their goods, or restrict that right, or determine what is to be done concerning the use and the- revenue (Committee, October 16, 1919; Acta Ap. Sedis, XI, 478). (22) Concerning religious profession. (a) In some constitutions of religious congregations of papal law no mention is made in the formula of profession of the superioress, but only of the bishop or his delegate. It was asked whether in such cases the bishop or his delegate was the legitimate superior appointed by the constitutions to accept the profession in accordance with Canon 572, n. 6? Answer: Yes, he has a legitimate mandate by the consti- tutions (Committee, March 1, 1921; Acta Ap. Sedis, XIII, 178). (b) Must lay brothers in religious Orders who had made simple vows before the Code became law (May 19, 1918) stay in simple vows for six years, and be at least thirty years of age, as was prescribed by decree of January 1, 1911 (Acta Ap. Sedis, III, 29), or may they, according to Canons 573-574, make solemn profession after three years’ simple vows and at the age of twenty-one? Answer: Their solemn profession is governed by Canons 573-574 (Sacred Congrega- tion of Religious, October 6, 1919; Acta Ap. Sedis, XI, 420). (c) In religious congregations or institutes in which the consti- 596 A PRACTICAL COMMENTARY tutions prescribe annual vows after the novitiate, may men liable for military service be admitted to the yearly professions? Answer: Yes, but with the provision that the annual vows cease on the day on which the men who have been called to military service are actually placed under military discipline (Sacred Congregation of Religious, Novem- ber 30, 1919; Acta Ap. Sedis, eLLeto) « (d) In some religious organizations of simple vows the vows are made under this or a similar condition “for so long as I shall live in the congregation,” so that the professed member automatically be- comes released from his vows, when he either leaves of his own free will or is dismissed. The question arises whether, in accordance with Canon 574, the religious must make three years’ temporary vows, and whether, in the dismissal of those who made profession under the above condition the formalities prescribed by the Code for the dis- missal of religious in temporary vows (cfr. Canons 647-648) or those of the dismissal of perpetually professed are to be observed? Answer: They need not make three years’ temporary vows, and in the dismissal of those who have already made vows under the above condition Canons 646-648 are to be observed (Committee, March 1, 1921; Acta Ap. Sedis, XIII, 177). (e) With reference to the moneys accruing to the religious on ac- count of military service during the war, the Holy See issued the fol- lowing answers to inquiries: (1) May solemnly professed religious rightfully retain for them- selves any of the money which they have received or shall receive through military service, or are they obliged to give all of it to their Order? Answer: They must give all of it to their Order, (11) May solemnly professed religious, who by Apostolic Indult are rendered capable of acquiring goods after their profession, ap- propriate any of the money spoken of above without the consent and express permission of their major superior? Answer: No, they may not. (iii) Are religious in simple vows, either perpetual or temporary, whose constitutions exclude all further acquisition of temporal goods after their profession, obliged to give all the said moneys to their re- ligious organization? Answer: Yes, those who at the time of military service were bound by vows are obliged to give all moneys to their organization; those whose vows ceased at the time of military service are not obliged. (iv) May religious in simple vows, either perpetual or temporary, in any religious Order or congregation, whose constitutions do not stand in the way, appropriate for themselves any of the money which they received in pay for their military service, or are they obliged to give APPENDIX III 597 to their organization after dismissal from the service whatever they have saved? Answer: If the men in question were bound by vows during the military service, they must give all to their organization; if their vows ceased, they can appropriate some of the money, but they should give their religious organization a fair compensation. (v) Where a life pension because of mutilation or debilitation suffered in the war has been given to simply professed religious, or to those spoken of in Canon 673, or to those whose vows or promises remained suspended, does this pension pertain to the respective re- ligious organization or society? Answer: If the religious were bound by vows during the military service, the pension belongs to the re- ligious organization; in the case of all others, it belongs to the re- ligious, but they are obliged to give it to their organization as long as they remain in it. (vi) Do any rewards gained by military distinctions in the war belong to the former soldiers, or rather to their religious organization? Answer: They belong to the religious organization unless the men were freed from the vows during the military service. (vii) Does the money given to each soldier on his discharge from the war service as a solemn manifestation of the gratitude of the pub- lic belong to the religious organization? Answer: Yes, it belongs to the religious community, except in the case of those who were freed from the vows during the war. (viii) Are religious who disposed of the money even in favor of third persons in violations of the above decisions, obliged to make restitution? Answer: They are obliged to make restitution, unless the religious acted with the reasonably presumed permission of his su- perior (Sacred Congregation of Religious, February 25, 1922; Acta Ap. Sedis, XIV, 196). (23) Concerning the obligations of religious. (a) Does the law of Papal enclosure, spoken of in Canons 597— 600, apply to nuns whose vows were originally solemn, but have been reduced to simple vows by the Holy See in some countries? Answer: No, they are not under that law because of the Papal Indult which still remains in force (Committee, March 1, 1921; Acta Ap. Sedis, XIII, 178). (b) In virtue of Canon 610, which prescribes that in all religious organizations of men the Conventual Mass corresponding to the Office of the Day is to be said daily and also wherever possible in organiza- tions of women, is the Conventual Mass of obligation in Orders of men and women with solemn vows only, or also in the religious houses of communities with simple vows, whose constitutions approved by the Holy See impose the obligation of the choir? Answer: It is of obli- 598 A PRACTICAL COMMENTARY gation also in the latter religious organizations (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 113). (24) Concerning the privileges of religious. Does Canon 621 apply only to those mendicant religious who are Mendicants in the strict sense of the term, or also to those who in a wider sense are Mendicants (e.g., the Order of Friars Preachers), and do the Mendicants strictly so-called need the permission of the Ordinary. if they want to collect money for the building, decoration, etc., of their churches? Answer: Canon 621, § 1, applies to Mendi- cants strictly so-called only; as to the obtaining of the -Ordinary’s permission for soliciting alms, Canon 621, § 1, answers the question (Committee, October 16, 1919; Acta Ap. Sedis, XI, 478). (25) Concerning the transition to another religious organization. Is the vote of the Chapter on the admission to solemn or simple perpetual profession of a professed member of another organization who has obtained leave to join another organization (cfr. Canon 634) decisive or merely consultive? Answer: The vote is decisive (Com- mittee, July 14, 1922; Acta Ap. Sedis, XIV, 528) When a professed religious obtains permission from the Holy See to transfer to another religious organization, must he wear the habit of the new organization during the novitiate, or keep the habit of the first? Answer: He must wear the habit of the new organization (Sa- ered Congregation of Religious, May 14, 1923; Acta Ap. Sedis, XV, 289). (26) Concerning egress from a religious organization. May a religious who obtains an indult of secularization or a dis- pensation from simple vows refuse to accept the indult or the dis- pensation, when he receives notice of them from the local superior, even though the Superior General has already issued the document of exe- eution of the rescript in accordance with Canon 56? Answer: Yes, he may refuse to accept either indult or dispensation, provided the su- periors have no grave reasons to the contrary; if they have such rea- sons they shall refer the matter to the Sacred Congregation (Sacred Congregation of Religious, August 1, 1922; Acta Ap. Sedis, XIV, 501). Does Canon 640 comprehend all religious who have obtained an indult of secularization either from the Apostolic See or from the local Ordinary? Answer: It comprehends all. Are religious who have obtained an indult of temporary seculari- zation (exclaustratio) obliged to adhere to the conditions stipulated in Canon 639? Answer: They are obliged, but the Ordinary has power to permit the temporarily secularized religious for special rea- sons to wear the religious habit (Committee, November 12, 1922; Acta Ap. Sedis, XIV, 662). SS ee Ee ee a Se oe eer Se Ae ee APPENDIX III 599 If the dowry is not large enough to provide for the present needs of a Sister who leaves the community, is the religious organization freed from all further liability wpon returning the dowry to her, or, im accordance with Canon 643, § 3, is the community obliged to render additional aid to the Sister? Answer: The community is obliged to render further assistance (Sacred Congregation of Religious, March 2, 1924; Acta Ap. Sedis, XVI, 165). (27) Concerning dismissal from religious organizations. (a) Canon 647, § 2, ordains that a religious in temporary vows, who has received the deeree of dismissal from his superiors, has the right to take recourse to the Apostolic See, and that pending such recourse the decree of dismissal is suspended, and has no force in the interval. Within what time must that recourse be taken? Answer: The religious has ten days from the notification of his dismissal within which he may take recourse (Sacred Congregation of Religious, July 20, 1923; Acta Ap. Sedis, XV, 457). (b) Canon 681 prescribes that, in the dismissal of members of societies without vows, Canons 646-672 are to be observed. Now, these Canons have various precepts for the various cases of temporarily and perpetually professed religious. Wherefore, the question arises as to the application of Canon 681 which speaks of persons who have no vows. Answer: If the bond which binds the member of a society without vows is temporary, the Canons which treat of the dismissal of temporarily professed religious are to be applied; if the bond is perpetual, the Canons on the dismissal of perpetually professed re- ligious must be applied (Committee, March 1, 1921, Acta Ap. Sedis, PLT IT fy): (c) Whether Canons 2386, 2387, 2389, 2410, 2411, 2413 apply to clerical societies without vows? Answer: Yes, Canons 2386, 2387, 2389 apply; Canon 2410 applies, if the society enjoys the privilege to issue dimissorial letters to its subjects; Canon 2411 applies as to its first part, but, as to the rest of this Canon, the constitutions of each society must be followed; Canon 2413 applies (Committee, June 2-3, 1918; Acta Ap. Sedis, X, 347). (d) If a religious in any Order or congregation becomes insane during the three years of simple profession so that he cannot be ad- mitted to solemn or perpetual vows, may the Order or congregation dismiss him and send him to his family or into the world? Answer: No, the religious belongs to the organization in the same state as he was before the affliction, and the religious organization has the same responsibilities towards him as it had before he became insane (Sacred Congregation of Religious, February 5, 1925; Acta Ap. Sedis, XVII, 107). : 600 A PRACTICAL COMMENTARY (28) Concerning associations of laymen. Desirous to abolish certain abuses, a certain bishop asks the Holy See whether he can make use of the rights and means enumerated in Canons 707 sq., in connexion with the Society of St. Vineent de Paul established in his diocese. Answer: It is the desire of the Sacred Congregation to inform the bishop that he has, with reference to that society, the right and the duty of watching it, and to see that it docs not attempt anything against the faith and custom and to correct and suppress incipient abuses (Sacred Congregation of the Council, No- vember 13, 1920; Acta Ap. Sedis, XIII, 135). (29) Concerning baptism. (a) Does a child baptized at the request of its parents by a min- ister of another rite, in violation of the precept of Canon 756, belong to the rite in which it is baptized or to the rite-in which it should have been baptized in accordance with the precept of Canon 756? Answer: As the case is explained, the child belongs to the rite in which it should have been baptized (Committee, October 16, 1919; Acta Ap. Sedis, XI, 478). (b) The question was asked whether and how the blessing of the baptismal font is to be done in parish churches which have branched off from an original parish, and whether the custom of blessing the baptismal font once a year only, on Holy Saturday, may be tolerated ? Answer: The font must be blessed in those churches in the manner preseribed by the rubrics of the Roman Missal, and the blessing must take place on Holy Saturday and on the vigil of Pentecost; contrary custom cannot be tolerated (Sacred Congregation of the Council, June 10, 1922; Acta Ap. Sedis, XV, 225). (c) Does a church, which before the promulgation of the Code en- joyed the legitimate right of having a baptismal font to the exclusion of other parish churches (of the same place), retain a cumulative right with the churches which by precept of Canon 774, have the right to a baptismal font? Answer: Canon 774 is to be understood in such a sense that the church which formerly had an exclusive right to all the baptisms of a city or town has now a cumulative right with all the other parish churches of the city or town, even with the newly erected parish churches. For the future, however, no parish church can by custom acquire a cumulative right of the baptismal font (i.e., the right to baptize persons domiciled in other parishes of the same city or town at the option of those who present themselves or who present children for baptism). That custom is condemned as a corruption of law. Besides, the church which has the right to baptize persons from any parish of a city or town, must, in accordance with Canon 778, notify APPENDIX III 3 601 the pastor of the domicile of the administration of baptism (Com- mittee, November 12, 1922; Acta Ap. Sedis, XIV, 662). (d) Whether the term “illegitimates” in Canon 777 comprehends all illegitimate persons, even adulterous, sacrilegious and other spurious offspring, so that it is permissible to enter the names of their parents in the baptismal records? Answer: The names of the parents must be entered in such a manner that all occasion for defamation is avoided; in special cases, however, recourse should be had to the Sacred Con- gregation of the Council (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 528). (e) Concerning Baptism in private houses the Holy See has been requested to decide whether it is in harmony with the law of the Code to give Solemn Baptism in private houses to infants who are not in danger of death, but cannot without danger be brought to church. The Sacred Congregation of the Sacraments prefaces its answer with the observation that every man or woman may give Private Baptism when there is positive danger that an infant may die before the priest can be had. If the priest or deacon baptizes in danger of death, Canon 759, § 1, directs that he confer Private Baptism and employ the cere- monies which follow Baptism, if time permits. The rest of the cere- monies of Solemn Baptism are to be later on supplied in church. As to Baptism by the priest at a private house when there is no danger of death, the Sacred Congregation repeats what Canon 776 states namely, that the bishop may in some extraordinary case permit Solemn Baptism in a private house. It is committed to the prudent judgment of the local Ordinary to decide in each individual case whether the particular circumstances are of such a serious nature as to allow an exception from the general rule that Solemn Baptism is not to be conferred in private houses (July 22, 1925; Acta Ap. Sedis, XVII, 452). A former declaration of the Sacred Congregation of Rites, January 17, 1914 (Acta Ap. Sedis, VI, 32), answered in the affirmative the question whether Baptism given at home with permis- sion of the local Ordinary outside the danger of death and urgent necessity is to be administered with all the ceremonies. The right of the local Ordinary to permit Baptism with all the ceremonies of Solemn Baptism in private houses is limited by the Code (cfr. Canon 776) and the above declaration to permission in each individual case and to extraordinary circumstances. (30) Concerning recording of Confirmation. In a certain diocese it had been the custom for several centuries for the Canon Sacristan to make up and keep one Confirmation record of all the persons confirmed in the diocese. After the promulgation of the Code, the Ordinary of the diocese directed the Canon Sacristan to 602 A PRACTICAL COMMENTARY send a copy of the Confirmation record to the various pastors. The Canon Sacristan objected to the decree of the Ordinary, and had recourse to the Holy See. Answer: The precept of Canon 798 by which each pastor is obliged to keep the record of Confirmation is to be observed; the Canon Sacristan is to be freed from his duty in keeping the Confirmation record [Sacred Congregation of the Council, (tn Causa Melphictensi), February 8, 1919; Acta Ap. Sedis, XI, 280]. (31) Concerning the Sacrifice of the Mass. (a) With reference to the Eucharistic fast, priests who have to say two Masses on Sundays or holydays of obligation, or one Mass at a very late hour, or who on account of work, long distance of travel, poor health, and other reasons cannot keep the fast without great harm to themselves, may apply to the Holy See for dispensation, and, if necessary, the Holy See shall grant habitual faculties to the bishops to give the dispensation. Even now, in more urgent cases where recourse to the Holy See cannot be had, the faculty is granted to the bishops to dispense with the law of the Eucharistic fast. Liquid food only shall be allowed, to the exclusion of intoxicants. The bishop who in an urgent case grants the dispensation, shall as soon as possible inform the Holy See (Holy Office, March 22, 1923; Acta Ap. Sedis, XV, 151). (6) May priests who have obtained a dispensation from the Eu- charistie fast take the ablution in the first Mass, if they have to say another Mass? Answer: Yes, they may take the ablution (Holy Office, May 2, 1923; Acta Ap Sedis, XV, 585). (c) With reference to the altar breads, the Holy See declares that the custom of getting fresh altar breads once only in two or three months is to be condemned, and the precept of the Roman Ritual (tit. IV, cap. 1) and of the Code (Canons 815 and 1272) is to be observed (Sacred Congregation of the Sacraments, December 7, 1918; Acta Ap. Sedis, XI, 8). (d) May the people who assist at Mass answer the priest in place of the server? Answer: What is in itself permissible is not always advisable, and, as confusion and disturbance may be caused to both priest and people by this manner of answering the priest, the common practice of having a server answer the priest should rather be followed. It was further asked, whether the people who assist at Mass may read with a loud voice the Secrets, Canon and the words of consecra- tion. Answer: That custom may not be retained because the Canon of the Mass should be read in a low voice by the priest, and it is not proper that the people read it in a loud voice (Sacred Congregation of Rites, August 4, 1922; Acta Ap. Sedis, XIV, 505). (e) Are the rubries of the missal which prescribe that the server APPENDIX III 605 sound a small bell at the Sanctus and at the elevation of the Host and the Chalice, to be applied also to Misse Cantate, to Solemn High Masses and to Pontifical Masses, concerning which Masses the rubrics are silent as to the ringing of a bell? Answer: Yes, the bell should be sounded also in these Masses, and, if the custom of some churches differs from the general practice and the common interpretation of the rubrics, they should be brought into conformity with the general practice, unless in place of a small bell they employ another appro- priate signal. It is advisable also that, in accordance with the com- mon practice of the Church, the bell be sounded shortly before the Consecration to attract the attention of the people (especially of those who are at a distance from the altar) to the impending solemn moment of the Mass [Sacred Congregation of Rites (in Causa Romana), Octo- ber 25, 1922; Acta Ap. Sedis, XIV, 557]. (f) May a priest, who because of poor eyesight or other just cause has obtained an Indult from the Holy See to say some votive Mass or the daily Mass of the Dead, say three Masses on All Souls’ Day, using the formula of the Missa quotidiana defunctorum? Further- more, may the same priest say three Masses on Christmas Day, if he has permission to say daily the votive Mass of the Blessed Virgin or some other votive Mass? Answer: In both cases he may say three Masses (Sacred Congregation of Rites, January 26, 1920; Acta Ap. Sedis, XII, 122). (g) Concerning the time and place of Holy Mass, the Apostolic See was requested to declare whether the faculty of the Code in Canon 822, § 4, which grants to the Ordinary faculty to allow the celebration of Holy Mass in private houses in some individual and extraordinary case, is to be interpreted in a restrictive sense. Answer: Yes (Committee, October 19, 1919; Acta Ap. Sedis, XI, 478). May Canon 822, which grants faculty to the local Ordinary to allow the celebration of Holy Mass outside churches and chapels destined for the celebration of the divine mysteries, be interpreted in such a sense that the Ordinary has faculty to allow the saying of Mass outside the proper places also on the occasion of a profane cele- bration and political gatherings? Answer: No, he cannot (Sacred Congregation of the Sacraments, July 26, 1924; Acta Ap. Sedis, XVI, th) (32) Concerning Mass stipends. (a) If the local Ordinary has obtained an Indult from the Holy See by which his priests may take a stipend for the second Mass on Sundays and holydays of obligation, or an Indult by which the pastors are released from the obligation of applying the Mass for the people, 604 A PRACTICAL COMMENTARY may he oblige the priests to apply the bination Mass or the Mass for the people in favor of a pious cause? Answer: Yes, he may. In that case, may the bishop demand only the amount of the stipend as fixed by the law of the diocese and leave the excess to the priests? Answer: If the stipend has been legitimately fixed, the entire stipend must be given to the pious cause, but the local Ordinary has the faculty to assign a certain portion of the stipend to the priests for reason of the inconvenience and labor. If the offering for the Mass has not been fixed by law (eg., if a certain number of Masses are to be said by the holder of a benefice, in which case there is no fixed stipend for each Mass), the ordinary stipend of the diocese is to be given to the pious cause, and the Ordinary may allow the priest to retain a portion of the stipend for reason of the in- convenience and labor [Sacred Congregation of the Council (in causa Viglevanensi), May 8, 1920; Acta Ap. Sedis, XII, 536). In another case the same Sacred Congregation ruled that, if the stipend for the bination Mass is larger than the ordinary stipend and the excess 1s given to the priest for personal reasons or because of unusual labor and inconvenience attached to saying the Mass (e.g., a very late hour, a distant place), the excess beyond the ordinary stipend need not be given to the pious cause (November 10, 1917; Acta Ap. Sedis, A; '368), (0) In a certain diocese it was the custom for the pastor to pay the assistants a fixed sum of money each month, and for the assistants to apply Mass for the intention of the pastor, who kept the stipends. One half of the payments was considered to be for the work of the assistants, the other half for the Masses which they had said. The Sacred Congregation of the Council declares that the custom may be tolerated, but the Ordinary of the diocese (who was at that time an Apostolic administrator) should rather try to introduce the diocesan statute by which the assistants receive a certain salary, to be supple- mented by Mass stipends which should be given to them entire [Sacred Congregation of the Council (in Causa Montisvidei et aliarum), Janu- ary 10, 1920; Acta Ap. Sedis, XII, 70]. (c) Is it permissible, with the consent of the persons who make the offerings, to combine two or more intentions for High Masses, so that one is sung for the combined intentions in the local church, and the others are celebrated elsewhere for the combined intentions? Fur- thermore, is it permissible, with the consent of those who make the offerings, to combine two or more intentions for High Masses so that one only is said with greater solemnity for the combined intentions, provided that only the ordinary stipend of the diocese is taken, and APPENDIX III 605 the rest of the offerings is given to charities? Answer: The Sacred Congregation desires the Ordinary to abolish these practices prudently. In accordance with Canon 836, the people are to be informed by public notice posted in a conspicuous place that not all the High Masses requested can be said in the parish church because of the great number of Masses ordered, but that they will be said in other churehes (Sacred Congregation of the Council, July 9, 1921; Acta Ap. Sedis, XIII, 501). (d) The Archbishop of Montevideo explains that, in his arch- diocese, novena Masses and Gregorian Masses are celebrated with cer- tain exterior solemnities and a larger stipend than the usual is offered for these Masses. Now, if the pastor has these Masses said by other priests, may part of the stipend be retained by the pastor for his church, because the pastor has considerable trouble in finding priests to say the Masses, has the responsibility for them, and has the work of arranging the more solemn celebration, and besides the Gregorian Masses at times take the place of the funeral Masses? Answer: As the matter is explained, no part of the stipend can be retained, but the Sacred Congregation wishes to inform the archbishop that, in the ease of Masses which are said with exterior solemnity and Masses which take the place of funeral Masses, he should decree a moderate tax for the benefit of the pastor, which is not to be taken from the stipend but paid in addition to the stipend, and those who make the offerings are to be instructed concerning this matter (Sacred Congre- gation of the Council, April 16, 1921; Acta Ap. Sedis, XIII, 532). (33) Concerning the reception of Holy Communion. (a) Whether the use of reason necessary for the reception of Holy Communion must be such that a person is capable of committing mortal sin, or whether the use of reason sufficient to commit venial sin suffices for admission to Holy Communion? Answer: Canon 854, §§ 2-3, indicates the use of reason sufficient for admission to Holy Communion, and Canon 906 indicates the use of reason sufficient to subject a person to the precept of annual confession (Committee, February 24, 1920; Archiv fiir katholisches Kirchenrecht, CI, 68). (b) Are children who are not yet seven years of age, but who because of their sufficiently developed understanding are admitted to first Holy Communion, subject to the two precepts of annual confes- sion and Holy Communion? Answer: They are subject to both laws (Committee, January 3, 1918; Archw fur katholisches Kirchenrecht, IC, 62). (c) A woman who lived in public concubinage with one of her relations had been absolved by a missionary and been permitted to go 606 A PRACTICAL COMMENTARY to Holy Communion. The pastor objected to the action of the mis- sionary, and referred the case to the local Ordinary. The latter decreed that the woman shall not be admitted to Holy Communion, until she has separated from the man with whom she lived in public concubinage, and has made reparation for the scandal, as prescribed by Canon 855. The missionary referred the case to the Holy See, asking whether the Ordinary had the right to insist on his decree in case the separation could not take place without great difficulty, and the parties had promised to abstain from sinful relations. He sug- gests that the reparation of scandal is possible by other means than separation (e.g., frequent Communion for a year), and desires to know what the missionaries are to do under similar circumstances. Answer: They must obey the decree of the Ordinary (Sacred Congre- gation of the Council, November 18, 1922; Archiv fiir katholisches Kirchenrecht, CIII, 162). (d) In virtue of Canon 867, § 4, may Holy Communion be dis- tributed without an Apostolic indult in the Midnight Mass on Christ- mas day in parochial and conventual churches, whenever there is in the judgment of the Ordinary a reasonable cause for so doing? An- swer: Yes (Committee, 1920; Archiv fiir katholisches Kirchenrecht, CIII, 170). (34) Concerning the minister of the Sacrament of Penance. (a4) May pastors, parochial vicars and other priests delegated for a universality of cases delegate jurisdiction for confession to other priests, or may they at least extend the jurisdiction of ‘priests al- ready approved beyond the place and persons for which they had faculty to hear confessions? Answer: No, they cannot do so without a special faculty or mandate from the local Ordinary (Committee, October 16, 1919; Acta Ap. Sedis, XI, 477). (b) Whether the adverb “obiter” in Canon 883, § 2, is to be under- stood in such a sense that the priest (who, in accordance with the first paragraph of the same Canon, has faculty to hear confession during an ocean trip) may, whenever the boat stays in a port, go ashore and there in a church or chapel hear the confessions of those who present themselves and absolve them validly and licitly, even from cases reserved to the local Ordinary? For how long may he do so— one or two or three days, if the boat stops that long? Furthermore, may the traveling priest hear confession for one, two or three days, if he comes to a port where he has to change boats? Finally, may the priest hear confessions for more than three days? Answer: He may hear confession in the port for three days, and it is immaterial whether one’s boat stops on its voyage or whether one has to change ee.’ r. APPENDIX III 607 boats; he may not hear confessions for longer than three days, if the local Ordinary can be easily reached (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 113). (35) Concerning the reservation of sins. Whether strangers (peregrini) are, in accordance with Canon 893, bound by the reservations of the place where they stay? Answer: They are bound (Committee, November 24, 1920; Acta Ap. Sedis, XII, 575). (36) Concerning the place for hearing of confessions. Does the precept of Canon 909 (which ordains that there must be between the confessor and the penitent a fixed grating with small perforations) determine the proper manner of hearing confessions of women only, or also of all penitents generally in churches and public oratories? Answer: It is the proper manner for all confessions, with- out prejudice, however, to the permission granted by Canon 910, that the confessions of men may be heard also in private houses (Commit- tee, November 24, 1920; Acta Ap. Sedis, XII, 576). (37) Concerning indulgences. (a) When a feast to which an indulgence is attached is legiti- mately transferred, but only temporarily and without solemnity and external celebration, the questions arise: (i) whether the indulgence ceases or remains attached to the day, and (ii) if it remains attached to the day, whether it remains thus attached if the feast is trans- ferred because it falls on Good Friday? Answer: The indulgence remains attached to the day, even if the feast is transferred on account of falling on Good Friday (Sacred Penitentiary, February 18, 1921; Acta Ap. Sedis, XIII, 165). (b) Does the concession of the privileged altar for the dying per- severe in view of the law of Canon 930? If so, how is that plenary in- dulgence to be understood, and must the priest who says Holy Mass for several persons who are dying specify to which he wishes the indulgence to be applied? Answer: The Indult perseveres; the in- dulgence is to be understood as applied to the sick persons before their death and after the manner of an absolution, and the priest need not single out one person, if he says Mass for several dying persons (Holy Office, November 9, 1922; Archiv fur katholisches Kirchenrecht, GULL): (c) Concerning the chanting of the Litanies of the Blessed V irgin and the gaining of the indulgences attached to them, the Holy See was asked whether the practice could be continued to chant the Kyrie eleison once, three invocations with one Ora pro nobis, and one Agnus Dei? Answer: In view of Canon 934, the faithful cannot gain the indulgences by such a manner of chanting the Litanies, and the Holy 608 A PRACTICAL COMMENTARY Father urges the Ordinaries to abolish that manner of chanting the Litanies (Sacred Penitentiary, July 21, 1919 3 Acta Ap. Sedis, XII, 18). It was further asked whether the choir may chant three invocations with their respective Ora pro nobis, and the people the fourth invo- cation with the Ora pro nobis. Answer: Yes (Sacred Congregation of Rites, October 15, 1920; Acta Ap. Sedis, XII, 548). Furthermore, it was asked whether the first invocations to the Blessed Trinity may be chanted in such a manner that the priest sings Kyrie eleison, Christe eleison, and the people repeat the same invocations and then the priest continues with Christe audi nos, Christe exaudi nos, and the people repeat the same; whether the Agnus Dei may be chanted once, and after it Parce nobis Domine, Exaudi nos Domine, Miserere nobis? Answer: No, the entire order of the litanies must be observed from the beginning to the end for the purpose of gaining the indulgences (Sacred Congregation of Rites, November LO SeLO 2 ie Acta Ap. Sedis, XIII, 566). (c) In the recitation of the Holy Rosary, may the custom be ob- served by which after the first part of the Hail Mary the respective » mystery is added—e.g., “and blessed is the fruit of thy womb, Jesus, who sweat blood for us’? Answer: No (Sacred Penitentiary, July 27, 1920). After this answer of the Sacred Penitentiary several bishops of Germany and Switzerland explained to the Holy See that for many centuries it had been the custom of their people to recite the Holy Rosary thus, and that Pope Pius IX, in the year 1859, had approved of this manner of saying the Rosary. The Sacred Peni- tentiary answered: Canon 943 contains the general law which in no wise revokes the concession of Pope Pius IX, and the Holy Father should be requested to extend the Indult in favor of all persons in any part of the world who are accustomed to recite the Rosary in that manner. The Holy Father approved of the declaration of the Sacred Penitentiary, and extended the indult as requested (Sacred Peniten- tiary, January 22, 1921; Acta Ap. Sedis, XIII, 163). (38) Of the minister of sacred ordination. (a) In former times some ecclesiastical colleges or seminaries had obtained the privilege to ordain their students without dimissorial letters of the Ordinaries of these students, so that the consent of the Superiors of those colleges or seminaries, or the permission of the Cardinal Protector of the college and the consent of the rector, suf- ficed for admission of the students to orders. The Sacred Consistorial Congregation declares that the above privilege must cease, and the com- mon law be observed, because the reasons for which the privilege was granted have ceased to exist. Nevertheless, the rights of the Sacred Congregation of the Propaganda granted to it by Pope Urban VIII APPENDIX III | 609 by Brief of May 18, 1638, and of other missionary seminaries or colleges dependent on the Sacred Congregation of the Propaganda, remain intact (Sacred Consistorial Congregation, November 6, 1920; Acta Ap. Sedis, XIII, 259). (b) The Archbishop of Armagh (Ireland) proposed the follow- ing doubts: (i) Who is the proper bishop for ordination of those candidates who have no domicile (cfr. Canon 956)? (ii) Is a man who is ordained by his proper bishop for the service of another diocese incardinated into that other diocese in virtue of Canon 111, § 2, or into the diocese of his proper bishop? (ii) If he 1s not in- cardinated into the other diocese by the ordination, how is he to be incardinated? Answer: As the first doubt is explained, the bishop of the place where the ordination takes place is the proper bishop, pro- vided the candidate has previously acquired a domicile with the oath spoken of in Canon 956; as to the second doubt, the candidate is in- cardinated in the other diocese for whose service he is ordained; the third doubt is disposed of by the answer to the second (Committee, August 3, 1919; Archiv fiir katholisches Kirchenrecht, CII, 169). (c) Canon 976 rules that the priesthood shall not be conferred until after the first semester of the fourth year of theology. In some religious communities it has been customary to ordain the men atter three years of theology, their studies being completed in the year after their ordination to the priesthood. Now, if a dispensation is granted by the Holy See to ordain the men after three years of theology, it is granted under condition only that the newly ordained priests com- plete the fourth year of theology, and that they are not employed in the care of souls, in preaching and the hearing of confessions, or in any work outside the religious community which would interfere with their studies. The superiors have a grave obligation of conscience to see that these conditions are complied with, and they apply to all dispensations—no matter in what form they were issued—granted after the promulgation of the Code (Sacred Congregation of Religious, October 27, 1923; Acta Ap. Sedis, XV, 549). (d) With reference to irregularities and other impediments of ordination, the following decisions have been made: A bishop asked for a dispensation from the irregularity of bodily defect of a young cleric who during the World War had lost his entire right hand. The Sacred Congregation of the Sacraments first sub- mitted the case to the Holy Office, and then answered the bishop that the cleric should get an artificial hand, a doctor should testify as to what the elerie is able to do with the artificial hand, and the master of ceremonies should subject him to tests in the exercise of the cere- monies, and report the results. After this, the case should again be 610 A PRACTICAL COMMENTARY submitted to the Sacred Congregation of the Sacraments (July 1, 1918; Acta Ap. Sedis, XIII, 436). In accordance with Canon 987, is a man whose father or mother is a non-Catholic, and whose other parent is Catholic, to be num- bered among those impeded from the reception of orders, and does the impediment exist even though the mixed marriage was properly contracted, the promises having been made and the dispensation granted? Answer: Yes, the impediment exists (Committee, October 16, 1919; Acta Ap. Sedis, XI, 478). Does the term “filii” in Canon 987, n. 1, imply only the descendants in the first degree? Answer: Yes (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 528). Is Canon 987, n. 5, to be understood in such a manner that the impediment of ordination exists if a man might be called to military service, but has not yet been called either because he is too young, or because after the physical examination he was declared temporarily disqualified for service? Answer: Yes, the impediment exists, and the men may not receive the tonsure or any orders before they have been definitely discharged as disqualified (Committee, June 2-3, 1918; Acta Ap. Sedis, X, 344). (39) Concerning betrothal. When a party claims his right from valid espousals against a party who is about to marry another, must the marriage be postponed until the question of a just cause for the breaking of the betrothal and of damages, if any are due, is settled? Answer: No, the action concerning a just cause for the dissolution of the betrothal is no longer admitted; the action for reparation of damages does not suspend ‘he celebration of marriage. Furthermore, the Holy See was requested to decide whether the action for the reparation of damages spoken of in Canon 1017 pertains to the ecclesiastical forum or to the civil courts? Answer: The action is one of mixed forum (Committee, June 2-3, 1918; Acta Ap. Sedis, X, 345). (40) Concerning the knowledge of Christian doctrine before mar- riage; publication of the banns; free state. (a) Should the pastor refuse to marry, or delay the marriage, if either the bride or groom is found ignorant of Christian doctrine? Answer: The pastor shall observe the precept of Canon 1020, and, in doing what the Code demands, he shall teach the ignorant couple at least the elementary principles of Christian doctrine; if they refuse the instruction, he may not, in accordance with Canon 1066, refuse to assist at their marriage (Committee, June 2-3, 1918; Acta Ap. Sedis, X, 345). (>) If a party after attaining the age of puberty has lived for ~ APPENDIX III 611 more than six months in distant and not easily accessible places, so that a longer time is required to get the regular attestation on the free state of the party and the celebration of marriage is urgent, the ques- tion arises whether the oath of the party and two witnesses—or, if two cannot be had, of one person—who lived with him in those places is sufficient certification of his free state. Answer: The matter is com- mitted to the prudent judgment of the Ordinary, who may, in ac- cordance with Canon 1023, § 2, prescribe other proofs, including the supplementary oath (Committee, June 2-3, 1918; Acta Ap. Sedis, X, 345). (c) May the Ordinary by a general order prescribe that the pastors demand of all persons to be married, spoken of in the second sentence of Canon 1023, the oath on their free state without the necessity in each individual case of having recourse to the Ordinary? Answer: The precept of the Code is to be observed (Sacred Congregation of the Sacraments, February 6, 1920; Archiv ftir katholisches Kirchen- recht, C, 28). (d) With reference to the investigation about the free state of the parties, the Sacred Congregation of the Sacraments states that many local Ordinaries have complained that the pastors, especially in dis- tant countries to which workingmen emigrate from Europe, have not observed the rules of Canon Law concerning the investigation whether the parties are free to marry, and have neglected to send notice of the marriages contracted to the parishes in Europe where those people were baptized. Owing to this carelessness, people have been able to deceive the pastors, and get married again while their first spouse is still living in Europe. The Sacred Congregation of the Sacraments had issued an Instruction on this matter to the Ordinaries, March 6, 1911 (Acta Ap. Sedis, III, 102), but lest anyone argue that the Code has revoked the said Instruction, the Instruction together with the references to the Code is again issued to the Ordinaries. (i) The Ordinaries must remind the pastors that it is not lawful to assist at a marriage—not even under the pretext or with the inten- tion of keeping the people from living in concubinage or from con- tracting a so-called civil marriage—unless they have legally established the fact that the parties are free to marry, observing in that investi- gation the precepts of Canons 1020 and 1097, nn. 1-3; and the pastors are to be admonished not to neglect the precept of Canon 1021 concerning the sending of notice of the marriage contracted to the parish where the parties were baptized. (ii) The pastor who assists at the marriage (cfr. Canon 1103, § 2) must send the notice to the parish of baptism without delay, and that notice must contain the full names of the parties and their parents, 612 A PRACTICAL COMMENTARY the age of the parties, the place and date of marriage, the full names of the witnesses, the full name of the pastor, and the seal of the parish. The parish, diocese and place where the parties were baptized must be accurately indicated in the notice. It should be sent by registered mail. (111) The pastor should send the letters of inquiry concerning the free state of the parties and the notice of the marriage to the place of baptism through the chancery office of his own Ordinary. (iv) The marriage of workingmen who have come recently from distant countries may not, as a rule, take place without consulting the local Ordinary, for they are either vagi (i.e., without domicile or quasi-domicile) or, if they are not vagi, are not sufficiently known, so that in many eases there is not sufficient certainty of the absence of impediments to their marriage. In both cases the Code demands that the matter be referred to the Ordinary (cfr. Canons 1032, 1031, § 1, 1023). The Sacred Congregation strictly forbids the pastors to assist at these marriages without consulting the local Ordinary, except in a case of necessity or rather in danger of death. (v) If, in spite of all precaution, the pastor of the place of baptism finds that a party married again while the first spouse was still living, he shall at once inform the pastor who married them through the chancery office of the Ordinary. (vi) The Ordinaries must zealously guard that these precepts are faithfully observed, and proceed even with canonical penalties, if necessary, against the violators (Sacred Congregation of the Sacra- ments, July 4, 1921; Acta Ap. Sedis, XIII, 348). (41) Concerning impediments of marriage. (a) In the cases spoken of in Canons 1044-1045, is one obliged to make use of telephone or telegraph to communicate with the local Ordinary, if time does not permit one to go or write to the Ordinary? Answer: If telephone or telegraph are the only means by which the Ordinary can be approached, one is not obliged to use these means, and can make use of the faculties granted in the said Canons (Com- mittee, November 12, 1922; Acta Ap. Sedis, XIV, 662). (6) Is the clause of Canon 1045—“whenever the impediment is detected when all things are ready for the marriage”—to be under- stood in such a sense that the impediment must have been entirely unknown previously, and becomes known only at that moment; or is it to be understood in the sense that, though it was known before, it came to the knowledge of the pastor or the Ordinary only at that time? Answer: It means that knowledge came to the pastor or the Ordinary at the time when everything was ready for the marriage (Committee, March 1, 1921; Acta Ap. Sedis, XIII, 178). Sr APPENDIX III 613 (c) May a widow be admitted to marriage before the Church, without marriage before the State, if by the civil marriage the widow would lose the military pension? Answer: The practice of the Sa- ered Congregation is not to be departed from; wherefore, the loss of the pension is not a sufficient reason to permit the marriage before the Church without the civil ceremony (obligatory in Italy). If other circumstances are present, recourse is to be had in each case to the Holy See (Sacred Congregation of the Sacraments, duly 2, 1917; Archiv fiir katholisches Kirchenrecht, CIII, 158). (d) Proof of death of spouse by presumption was admitted by the Holy See in a case in which the husband had, with the consent of his wife, gone from Spain to South America in 1902 or 1903. For nearly two years after arriving in the new country, he repeatedly sent letters to his wife and relations. Suddenly, about December, 1905, all communications ceased, and nothing further was heard of him. As the wife desired to marry again, she asked the Holy See for the declaration of the death of her first husband. The Holy See allowed her to marry again for the following reasons: (1) the long time of absence during which no news had come from the husband to the wife or relations; (2) the good character of the man supposed to be dead; (3) his love for the wife and his daughter; (4) careful investigations instituted concerning him; (5) the rumor of death (Sa- ered Congregation of the Sacraments, November 18, 1920; Acta Ap. Sedis, XIV, 96). (ec) What is to be done if illicit and secret intercourse preceded the birth of the woman which a man wants to marry, so that there may be doubt as to whether she is his daughter or his sister? Answer: Canon 1076, § 3, gives the answer, namely that marriage may not be allowed in the case (Committee, June 2-3, 1918; Acta Ap. Sedis, x 346). (42) Concerning matrimonial consent. (a) With reference to insanity and other mental ailments the Ro- man Rota (in Causa Buscoducensi) states that, inasmuch as the con- sent is essential to marriage, not only insane persons are to be ex- eluded from marriage, but also all those whose mind at the time of the contract is obscured to such an extent that they cannot understand the rights and duties of marriage. The facts of the individual case have to be considered, for it may happen that a person is not com- pletely insane, so that their faculty of reasoning is not entirely de- stroyed. Again, it may happen that a person is of a quiet disposi- tion, so that he does not easily betray his insanity, and, as he erad- ually grows weaker and weaker in his mind, it is difficult to determine whether at the time of marriage he had sufficient knowledge (January 614 A PRACTICAL COMMENTARY 7, 1918; Acta Ap. Sedis, X, 517). In another case, the Roman Rota pronounced a marriage invalid for reason of insanity, because the man was a monomaniac, and the partial insanity was considered sufficient to deprive the man of the faculty to give genuine marriage consent, because his insanity was in reference to marriage [Roman Rota (in Causa Quebecenst), December 23, 1918; Acta Ap. Sedis, XII, 338]. (b) With reference to force and fear which prevent free consent, the Roman Rota declared invalid a marriage of a young woman of nineteen years of age who was of a mild and timid character, and who was forced to contract marriage with a young man against her will by command and serious threats of her father (In Causa Parisiensi, April 4, 1919; Acta Ap. Sedis, XII, 373). (c) With reference to marriage consent under condition, a special Committee of Cardinals appointed by the Supreme Pontiff gave the following rules by which one may determine whether the consent is truly conditional: (1) if a woman has subordinated her consent to a condition properly so-called—for example, that she will marry the man only if he had not lived with a woman before; (2) if that con- dition was not revoked before the marriage was contracted, or had not ceased in any other manner; (3) if the man in his former life had actually lived with a woman, marriage is invalid because of the condition attached to the consent and the non-verification of the con- dition. As to the perseverance of the condition up to the moment of the marriage contract, the Committee declares that the revocation is a fact, and facts are not presumed but must be proved. The fact that the man had lied to her, saying that he had never lived with a woman, does not destroy the condition, but her consent remains subject to that condition, even though at the time of marriage she believes the man asserting that he was not guilty [In Causa Versaliensi, August 2, 1918; Acta Ap. Sedis, X, 388. Cfr. Roman Rota (in Causa Parisiensi), August 11, 1921; Acta Ap. Sedis, XIV, 512). (43) Concerning the form of marriage. (a) With reference to the substitutes of a pastor and their right to witness marriage contracts, the following questions were decided: (1) whether the vicarius substitutus spoken of in Canon 465, § 4, ean validly and licitly assist at marriage after the approval of the Ordi- nary if no limitation is attached to his appointment? Answer: Yes. (11) Whether the same vicar can do so even before approval by the Ordinary? Answer: No. (iii) Whether the same vicar who substi- tutes for a religious pastor can do so after the approval by the Ordi- nary, even before the religious superior has approved of his appoint- ment? Answer: Yes. (iv) Whether the vicar or priest spoken of in Canon 465, § 5, can do so before the approval of the Ordinary? APPENDIX III 615 Answer: Yes, unless the Ordinary to whom the designation of the priest who is to take the pastor’s place was made known decrees other- wise, but until that time he has the right to witness marriages {Com- mittee, July 14, 1922; Acta Ap. Sedis, XIV, 527). (b) More doubts were submitted to the Holy See concerning the right of the administrator of a parish and substitutes of a pastor to delegate other priests to witness marriages: (i) Can the administrator of a vacant parish legitimately appointed (cfr. Canons 472-473) give permission to a specified priest to assist at a specified marriage? An- swer: Yes. (ii) Can the vicarius substitutus spoken of in Canon 465, § 4, delegate another priest after the approval by the Ordinary, if he attached no limitations to his appointment? Answer: Yes. (ii) Can the substitute of a religious pastor delegate after approval by the Ordinary and before approval by the religious superior? Answer: Yes. (iv) Can the vicar or priest substituting the pastor, as described in Canon 465, § 5, delegate before approval of his appointment by the Ordinary? Answer: Yes, until the Ordinary to whom the designation of the priest was made known rules otherwise. (v) Can the vicarius adjutor appointed to a pastor who is unable to attend to the duties of his office, as described in Canon 475, § 1, delegate? Answer: Canon 475, § 2, gives the answer. (vi) Can the assistant priest (vicarius cooperator) spoken of in Canon 476 delegate without the knowledge of the pastor? Answer: Canon 476, § 6, gives the answer (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 114). (c) In accordance with Canon 1096, § 1, is the priest sufficiently specified if the pastor declares to the superior of a monastery that he (the pastor) delegates for assistance at a marriage to be contracted in the chapel dependent on his parish on the following Sunday some religious priest whom the superior shall in the course of the following days appoint to say Mass in that chapel on Sunday? Answer: No, that delegation is not sufficiently specific (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 115). (44) Concerning the time and place of marriage. Canon 1108 grants faculty to the local Ordinaries to permit the nuptial blessing for a just reason even during Advent and Lent, pro- vided the laws of the Sacred Liturgy are observed. The following questions were submitted to the Holy See: (a) If the Ordinary allows the nuptial blessing on Christmas Day or Easter Sunday, is it permissible to add to the Oration of the Mass of the feast the commemoration pro sponsis, though these feasts (like the feasts of Epiphany, Pentecost, Trinity Sunday, Corpus Christi) exclude every other oration? Answer: Yes, the commemoration is to be added to the Oration of the Day under one conclusion. 616 A PRACTICAL COMMENTARY (0) Is it permissible to say the Votive Mass pro sponsis during the closed seasons? Answer: If the local Ordinary permits the solemn nuptial blessing during these seasons, the Votive Mass pro sponsis may be said with the exception of Sundays, feasts of precept of the first and second class (actual and suppressed feasts of precept), priv- ileged octaves of the first and second rank, privileged ferias and the vigil of Christmas. (c) On privileged vigils occurring outside the closed season (namely, those of Pentecost and the Kpiphany), is it permissible to Say the Votive Mass pro sponsis? Answer: It is not permitted on either vigil [Sacred Congregation of Rites (in Causa Herbipolensi), June 14, 1918; Acta Ap. Sedis, X, 332]. (45) Concerning sacramentals. (a) With reference to the administration of sacramentals, is Canon 1149 to be understood of their public application to the faithful, and may catechumens be admitted to the imposition of ashes and the dis- tribution of blessed candles and palms? Answer: Yes (Sacred Con- gregation of Rites, March 8, 1919; Acta Ap. Sedis, XI, 144). (6) Whether the custom of distributing the ashes blessed on Ash Wednesday on the First Sunday in Lent may be allowed by the bishop to continue, because few people go to church on Ash Wednesday? Answer: It is permissible in the case, provided the ashes were blessed and imposed on those present on Ash Wednesday. On the First Sun- day in Lent the ashes may be imposed at the end of the Mass or at any other time apart from the Mass (Sacred Congregation of Rites, June 30, 1922; Acta Ap. Sedis, XIV, 471). The Holy See was further requested to declare whether the said permission applies also to the oratories of pious unions or congregations, to rural chapels, and other places where services. for workmen are conducted, so that all may more easily have opportunity to receive the ashes? Answer: Yes, the matter is committed to the prudent judgment of the Ordinary in each case, but the Decree of June 30, 1922, concerning the blessing and distribution of the ashes on Ash Wednesday must be observed (Sacred Congregation of Rites, February 1, 1924; Acta Ap. Sedis, XVI, 102). (c) By Decree of the Sacred Congregation of Rites, March 20, 1869, it had been permitted to a certain diocese to use the candles blessed on the Feast of the Purification for the blessing of St. Blase, and employ the shorter formula “Per intercessionem B. Blasii liberet te Deus a malo gutturis. Amen.” Now, the Roman Ritual has a special form of blessing for the candles and a longer form for the bless- ing of the throat. May the concession to that diocese be made use of by other dioceses? Answer: The oration and formula of the Ro- a) ee APPENDIX III 617 man Ritual is to be employed everywhere (Sacred Congregation of Rites, February 1, 1924; Acta Ap. Sedis, XVI, 102). (46) Concerning churches. (a) At the request of several local Ordinaries that the Holy See should issue some rule or instruction concerning the admission of flags into church or their benediction, the Sacred Congregation of Rites de- clared that, wlsen the insignia or flags do not belong to societies openly hostile to the Catholic religion, or to a society whose statutes are in themselves objectionable, or whose insignia or flags bear emblems for- bidden and condemned by their very nature, they may be admitted into church. Whenever, out of respect and deference for the Catholic Faith, they peacefully request that the insignia or flags be blessed, the blessing may be done according to the formula in the Roman Ritual (Sacred Congregation of Rites, December 12, 1922; Acta Ap. Sedis, XVI, 171). (6) In churches and in their erypts which are appointed for divine services, is it permissible to place tablets with inscriptions and the names of the faithful departed, whose bodies are not, and cannot in accordance with Canon 1205, § 2, be buried there? Answer: It is not allowed in accordance with former answers and the Decree of the Sacred Congregation of Rites, n. 733, and Canon 1450, § 1 (Sacred Congregation of Rites, October 20, 1922; Acta Ap. Sedis, XIV, 556). (47) Concerning altars. The Sacred Congregation of Rites published a shorter formula for the reconsecration of immovable altars which have lost their con- secration (September 9, 1920; Acta Ap. Sedis, XII, 449). (48) Concerning cemeteries. (a) Is the burial of the faithful in a subterranean church to be considered as burial in church in the sense of Canon 1205, §2? An- swer: Yes, in the case of a subterranean church which is truly and properly a church destined for divine worship (Committee, October 16, 1919; Acta Ap. Sedis, XI, 478). (b) Is there any objection to the practice of keeping electric or other lamps burning over the tombs of the faithful in Catholic ceme- teries? Answer: There is no objection, but the light as well as the flowers placed at the graves should be put there, not only as a mark of respect for the dead and a solace for the living, but as an expres- sion of the faith that teaches the resurrection of the bodies of the dead. Moreover, the material marks of respect may not be carried to such an extent as to injure spiritual suffrages for the dead—namely, the offering of Holy Mass, of prayers and alms (Sacred Congregation of Rites, October 30, 1922; Acta Ap. Sedis, XIV, 598). (49) Concerning funerals. 618 A PRACTICAL COMMENTARY (a) In accordance with Canon 1215, the bodies of the faithful are to be taken from the place where they die to the church where the funeral services are to be conducted, unless a grave reason stands in the way. The question arises whether the danger of offending the people and the clergy by the removal of the body is to be considered a grave reason in the sense of Canon 1215? Answer: No; contrary custom is to be stopped by the Ordinary (Committee, October 16, 1919; Acta Ap. Sedis, XI, 479). (6) The Archbishop of Rio de J aneiro, in Brazil, explains that in his archdiocese the burial rites as prescribed in the Roman Ritual are not observed, inasmuch as the bodies of the faithful are not taken to church because the civil laws demand that the bodies be buried within twenty-four hours after death, and also because the cemeteries are by the law of the country at a great distance from the. parish. The pastor is called to the house, where the prayers over the body are said. The question, therefore, arises what rubrics and rules are to be observed? Answer: (i) The Roman Ritual and Canon 215 are to be followed as far as possible; (11) the family of the deceased should be informed that the funeral with a burial Mass can be had though the body is present morally only, not physically, in accordance with the rubrics and deerees; (iii) in extraordinary cases the Sacred Congregation of Rites will issue instructions (February 28, 1920 ; Acta Ap. Sedis, XII, 128). (c) The Cathedral Chapter of a certain diocese claimed the right to bury any of the faithful of the four parishes of the episcopal city at the petition of the heirs or the parents, and also claimed freedom from the obligation of paying to the proper pastor the canonical por- tion of the funeral offerings. The pastors had recourse to the Holy See and obtained the following answer: (i) In accordance with Canon 1226, §1, one may either in person or through another to whom one gives a legitimate mandate choose a cemetery for one’s barial, but the petition of the parents or the heirs alone does not suffice; (ii) without prejudice to particular law, whenever a member of the faithful is not buried from his own parish church, the proper pastor of the deceased is entitled to the canonical portion of the funeral offerings with the exception of the case in which the body cannot be brought to the church of his own parish, as is stated in Canon 1236, § 1. The pastors have by law the right to the funeral of their own parishioners, and, whenever the deceased has made use of the right to select a church of his own choice for the funeral, the proper pastor has the right to the canonical portion of the funeral offerings. If another church claims contrary custom or legitimate prescription, or special privilege against the rights of the proper pastor, these must be proved (Sacred Congre- gation of the Council, July 9, 1921; Acta Ap. Sedis, XIII, 534). APPENDIX III 619 (d) Canon 1237, § 2, prescribes that, when the first solemn funeral services are not held at the time of burial but within one month from burial, the canonical portion of the funeral offerings must be paid to the proper pastor also from the solemn services held within a month. The Holy See was requested to declare whether the canonical portion is due to the proper pastor from the funeral services which are held, not within a month from the burial, but within a month from the notice of death, when the deceased died in a distant country? Answer: Recourse is to be had to the Sacred Congregation of the Council. Furthermore, the Holy See was asked whether the Ordinary, for the purpose of preventing the abuse of delaying the funeral services over one month with the intention of depriving the proper pastor of the canonical portion, may pass a law that the public services cum cantu for the deceased requested by the parents are to be considered true funeral services from which the canonical portion must be paid to the proper pastor? Answer: Recourse is to be had to the Sacred Congregation of the Council (Committee, November 24, 1920; Acta AD AS eds Atl) 576); (e) Does the Requiem Mass, which is celebrated on the transfer of the body which had already been buried to its final resting place, enjoy the privileges of the Funeral Mass in die obitus seu depositionis, though funeral services had been held at the first burial of the deceased? Answer: No, but the Sacred Congregation extends to the proposed ease the privileges contained in the new rubrics of the Missal, title ITI, De Missis defunctorum, n. 6 (Sacred Congregation of Rites, June 16, 1922; Acta Ap. Sedis, XIV, 393). (f) A soldier had died in the military hospital, and the funeral services were held in that place. After the war the body was brought to the home town of the deceased, and the widow of the soldier who was then living in the cathedral parish of the town wanted the funeral services to be conducted at the cathedral. The pastor of the parish where the soldier had lived when he was called to service in the war objected, claiming that the services should take place at his church. The Sacred Congregation answered that the services could be conducted at the cathedral. The vote of the consultors explains that the funeral services proper take place once only. In the present case, these ser- vices had been held at the first burial. In the transfer of the body and the services held on that occasion, Canons 1215-1218 do not apply [Sacred Congregation of the Council (in Causa S. Severi), January 12, 1924; Acta Ap. Sedis, XVI, 188]. (50) Concerning fast and abstinence. (a) May one with a safe conscience follow the teaching of authors that, after the promulgation of the Code, one may on days on which 620 A PRACTICAL COMMENTARY fast only is prescribed eat flesh meat several times a day? Answer: No, that teaching cannot be followed (Committee, October 20, LOLO:s Acta Ap. Sedis, XI, 480). (b) May flesh meat be eaten several times a day on days on which fast only is prescribed by those who are not obliged to fast for reason of age, work, or poor health? Answer: Yes, they may eat meat several times a day (Sacred Congregation of the Council, October 17, 1923); Archiv fiir katholisches Kirchenrecht, CIII, 163). (c) Does the law of abstinence cease in France on holydays of obligation kept by the universal Church but Suppressed in France by concession of the Holy See—namely, the feasts of the Circumcision, Epiphany, Immaculate Conception, and Sts. Peter and Paul? Answer: No, the abstinence does not cease (Committee, February 17. 1918 : Acta Ap. Sedis, X, 170). (d) In accordance with Canon 1252, § 4, does the fast cease when the holyday which has a vigil with fast falls on Monday, so that it is no longer obligatory to anticipate the fast on Saturday? Answer: Yes, the fast ceases, but Canon 1253 regarding the obligation of the fast by vow, by constitutions and rules of religious organizations, remains in force. Furthermore, it was asked whether the anticipation of the vigil fast on Saturday (of feast falling on Monday) applies to feasts during Lent, as well as to feasts during the rest of the year? Answer: The abolition of the anticipation of the vigil fast applies to the whole year (Committee, November 24, 1920; Acta Ap. Sedis, XII, 576). (e) Whether fast only or both fast and abstinence are obligatory when the Feast of St. Joseph, March 19, falls on a Friday or Saturday, and whether the law of abstinence ceases, if the feast falls on one of the ember days? Answer: The precept of Canon 1252, § 4, is to be observed—i.e., neither fast nor abstinence cease when a holyday occurs during Lent (Committee, November 24, 1920; Acta Ap. Sedis, XII, 576). (f) If in some diocese or country the abstinence of Saturdays in Lent has by order of the Holy See been transferred to Wednesdays, strangers who are temporarily staying in that diocese or country are at liberty to keep the abstinence according to the special law of the place where they are staying, or eat meat on that day and keep the Saturdays kept in the place of their residence. If scandal might arise from such action, they must avoid giving scandal—e.g., by stating that as strangers they are not bound to observe the abstinence on Wednes- day (Sacred Congregation of the Council, February 9, 1924; Acta Ap. Sedis, XVI, 94). (51) Concerning the custody and cult of the holy Eucharist. APPENDIX III 621 (a) May the Ordinary, in view of immemorial custom, give per- mission for the keeping of the Blessed Sacrament in churches charged with the care of souls, though they are not properly speaking parish churches, but subsidiary chapels? Answer: Yes, he may (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 115). (6) Is Canon 1267 (which rules that in religious houses and pious institutes the Blessed Sacrament cannot be kept except in the church or principal oratory) to be understood in such a sense that it is for- bidden to keep the Blessed Sacrament in the principal oratory in which the community convenes for religious exercises, if there is a public church attached to the institute where the Blessed Sacrament is kept for the benefit of the public. And, if it is permitted to keep the Blessed Sacrament in both places, is it permissible even if the church ordinarily remains closed to the public? Finally, may the Blessed Sacrament be kept in several oratories of the same institute, if the various classes of members have their separate oratories—e.g., one for novices, another for the professed, a third one for the students of the academy or college—or may it be kept in one oratory only in an institute? Answer: The meaning of Canon 1267 is this: If the religious house or pious institute has a public church and uses that church for the ordinary daily exercises of piety, the Blessed Sacrament may be kept in that place only; otherwise, the Blessed Sacrament may be kept in the principal oratory of the religious house or pious insti- tute, without prejudice to the right of the church if it has any, to keep the Blessed Sacrament; the one oratory only is entitled to have the Blessed Sacrament, unless in the same building there are several dis- tinct and separate families so that it amounts to several religious houses or institutes (Committee, June 2-3, 1918; Acta Ap. Sedis, X, 346). (c) Are the churches in which in virtue of Canon 1274, § 1, the public exposition of the Blessed Sacrament can take place without permission of the Ordinary on the Feast of Corpus Christi and within the octave at Mass and vespers, those churches only which have the right to keep the Blessed Sacrament? Answer: Yes, but the precept of Canon 1171 concerning the right of the local Ordinary to regulate the divine services in all non-exempt churches must be observed (Com- mittee, July 14, 1922; Acta Ap. Sedis, XIV, 529). (52) Concerning sacred processions. (a) The laws of the Sacred Liturgy do not forbid the holding of two or more processions on the same day, provided they are held at different hours, as was decided in the case between the Friars Minor and the Friars Preachers in India concerning the Corpus Christi pro- cession on Sunday within the octave; the bishop was to fix the hours 622 A PRACTICAL COMMENTARY for the two processions. Wherefore, one confraternity may transfer its procession to a day on which another confraternity holds a pro- cession, but the transfer cannot be made without the permission of the local Ordinary, in accordance with Canon 1294, §1 [Sacred Roman Rota (in Causa Tarentina), February 3, 1922; Acta Ap. Sedis, XIV, 295]. (b) Concerning the carrying of the Blessed Sacrament in proces- sions, the following questions were submitted to the Holy See: (1) Is it permissible or proper in solemn processions with the Blessed Sacrament, especially at the conclusion of Eucharistic Congresses, to carry the Blessed Sacrament on a triumphal carriage covered with a canopy and magnificently ornamented, drawn by horses, while a priest kneels besidas the monstrance to prevent it from falling? (2) Is the use of a carriage and horses permissible or proper when, in place of the Blessed Sacrament, the statute of the Blessed Virgin or the relics of saints are carried? (3) Is the use of horse and carriage permis- sible, not only for reason of extraordinary solemnity, but also when- ever the procession covers a long distance? (4) May an automobile be employed instead of horse and carriage? Answer: N 0, in reference to all points. The Sacred Congregation adds that, in the Eucharistic Congress held at Rome in 1922, no carrlage was used for carrying the Blessed Sacrament, and that this is in harmony with the Ceremoniale f’piscoporum and former Decrees (Sacred Congregation of Rites, Octo- ber 28, 1922; Acta Ap. Sedis, XVI, 103). (53) Concerning sacred vessels. Is it permissible to use the four chalices in Holy Mass which are de- scribed in the magazine Benediktinische Monatsschrift (Beuron, 1920, n. 3, 4), are there highly praised, and are styled by the names of Pocu- lum celeste, Genimina vite, Flos de Virgine, and Virga Jesse? Answer: The matter is to be submitted to the local Ordinary, who shall take care that the chalices do not diverge from the traditional forms, so that all danger of spilling the Sacred Species and all scandal to the faithful shall be avoided (Sacred Congregation of Rites, June 30, 1922; Acta Ap. Sedis, XIV, 437). (54) Concerning the censureship and prohibition of books. Is the particle “et” in Canon 1391—“aut nisi edantur sub vigilantia episcoporum et cum adnotationibus, ete.”—to be interpreted as copu- lative or disjunctive? Answer: It is to be interpreted as copulative (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 116). (55) Concerning division of parishes. The local Ordinaries can, in virtue of Canon 1427, $1, without permission from the Holy See, divide parishes or disrupt the territory of parishes, though accidentally by the division of the territory the APPENDIX III 623 decime (certain offerings of the faithful) are divided [Sacred Con- gregation of the Council (in Causa Utinensi), January 14, 1922; Acta Ap. Sedis, XIV, 229]. (56) Concerning the conferring of benefices. (a) A certain pastor, at the invitation of his Ordinary, had re- signed his parish under condition of a life pension. Afterwards, the pastor had recourse to the Apostolic See, requesting that the resigna- tion be declared null and void, because contrary to Canons 1486 and 1429. The question was proposed whether there is certainty of the nullity of the resignation. Answer: No. The reasons given are that, in accordance with Canon 1429, § 2, the Ordinary can impose on the parishes a pension in favor of the former pastor, provided the pension does not exceed one-third of the income of the parish. Canon 1486 has reference to a condition properly so called, not to a proposition made by the bishop of which there is question in the case (Sacred Congregation of the Council, November 11, 1922; Acta Ap. Sedis, XV, 454). (6) Can the local Ordinary admit the resignation of a parish with the reservation of a pension for the life of the one pensioned, which pension is to be paid by the parish to the resigning pastor? Answer: Yes, provided the precept of Canon 1429, § 2, concerning the amount of the pension is observed (Committee, May 20, 1923; Acta Ap. Sedis, XVI, 116). (c) In accordance with Canon 1432, § 3, does the conferring of a benefice devolve on the Holy See if the Ordinary does not, within six months from the time he obtains certain knowledge of the vacancy of a benefice, confer the benefice, provided the delay is not caused by his neglect but by absolute shortage of men for the position? Answer: No, he does not lose the right to fill the benefice (Committee, November 24, 1920; Acta Ap. Sedis, XII, 577). (d) May the bishop in the conferring of non-reserved parishes impose for once only a moderate tax in favor of the seminary, though the parish of which there is question is subject to the seminary tax (cfr. Canons 1355, 1356, 1441)? Answer: He shall in each instance have recourse to the competent Sacred Congregations (Committee, October 16, 1919; Acta Ap. Sedis, XI, 479). (57) Concerning the right of patronage. (a) What is the force of the verb “curent” in Canon 1451, § 1? Answer: It means that the local Ordinaries should try to persuade the patrons that, in place of the right of patronage, or at least in place of the right to present the holder of a benefice, they should accept spiritual suffrages (even perpetual ones) for themselves and their families, and that therefore the patrons, especially ecclesiastics, 624 A PRACTICAL COMMENTARY act in a most praiseworthy manner if they act on this suggestion of the bishop (Committee, November 12, 1922; Acta Ap. Sedis, XIV, 663). (6) The Patriarch of Venice (Italy) explained to the Holy See that in the Venetian province there were a number of parishes in which by ancient custom the people of the parish choose the pastor (electio seu presentatio popularis), but that all candidates were subject to the examinatio or concursus. After the promulgation of the Code, which in Canon 1452 admits the popular election or presentation only under condition that the people elect one of three candidates proposed by the bishop, some priests refused to make the concursus before their nomination by the bishop. The Patriarch asks whether the ancient practice of popular election or presentation may be permitted to con- tinue? Answer: Yes. The answer of the Sacred Congregation is based on Canon 5 which rules that centenary and immemorial eustoms contrary to the Code and not expressly rejected by it may be suffered to continue, if the local Ordinaries do not believe it wise in considera- tion of the circumstances to stop those customs [Sacred Congiegation of the Council (in causa Veronensi et aliarum), February 14, 1920; Acta Ap. Sedis, XII, 163]. (c) In accordance with Canon 1462, must parishes and other bene- fices subject to laical right of patronage always be conferred by con- cursus, so that the patron, though a layman, cannot present a cleric except one who has been approved in the concursus? Answer: Yes, if the parishes and other benefices of laical patronage are by particular law (e.g., by the charter of the foundation of the benefice or by evstom subject to the concursus), but not otherwise (Committee, November 12, 1922; Acta Ap. Sedis, XIV, 663). (58) Concerning diocesan taxes. (a) The bishops of a certain ecclesiastical province in France, in accordance with Canons 1504 and 1507, submitted to the Holy See the schedule of taxes. They stated that the taxes or fees of the chan- cery office did not suffice to cover the expenditures of the chancery office, and that the bishops were obliged either to defray the expendi- tures from their own income or to find other means of covering the expenditures. Wherefore, the tax called cathedraticum shall be very useful for the purpose. The basis for this tax was to be 20 centimes for each parishioner, so that a pastor who had 500 souls in the parish paid only 100 franes for the cathedraticum, and a parish which had 1000 souls paid 200 franes. The money is not to be collected from each individual parishioner, but is to be paid from the income of the churches and confraternities. The Holy See answered that, as the matter is explained, it was not expedient. In the “animadversiones” ——————— APPENDIX III 625 of the answer, it is explained that the proposed scheme did not har- monize with the juridical notion of the cathedraticum as described in Canon 1504, because the cathedraticum: (1) must be paid by all churches and benefices and laical confraternities; (2) must be a fixed sum equal for all; (3) is paid merely as a mark of subjection to the bishop (Sacred Congregation of the Council, March 13, 1920; Acta Ap. Sedis, XII, 444). (6) The bishops of a certain ecclesiastical province submitted the schedule of taxes to be charged in the entire province to the Holy See for the necessary recognition. In the schedule there was under each head a highest and a lowest fee, so that the individual Ordinaries might, according to the circumstances of their diocese, demand a fee which was between the two extremes. The Holy See answered that the definite approval of the proposed schedule is to be delayed. The bishops of the province should at a future meeting reconsider the matter, drop the double tax, and fix one tax only, taking into account the Bull of Pope Innocent, October 8, 1678, the precepts of the Code in Canons 1507, § 1, 1234, 1056, and the Decree of this Sacred Con- gregation issued June 10, 1896; in the imposition of taxes or fees discretion is to be used (Sacred Congregation of the Council, December 11, 1920; Acta Ap. Sedis, XIII, 350). (59) Concerning contracts. (a) May votive offerings be alienated without the beneplacitum of the Holy See? Answer: No. The reasons given for the answer are that (i) there is an intimate connexion between those offerings and the objects of cult, devotion or piety (efr. Canon 1281,°8'1)5 (ii): the will of the donors who desire that the offerings be faithfully preserved ; (111) the perpetual custom and practice of the Church not to dispose of the votive offerings (Sacred Congregation of the Couneil, July 12, 1919; Acta Ap. Sedis, XI, 416). (6) A certain bishop proposed the following questions: (i) for the alienation of so-called precious objects is it always necessary to obtain the beneplacitum of the Holy See, or may the Ordinary within the limits of a certain sum allow the alienation?. Answer: The matter shall be referred to the Committee for the Authentic Interpretation of the Code. (ii) Is the beneplacitum of the Holy See required for the alienation of any votive offerings, or may the Ordinary dispose of them up to a certain amount? Answer: For the alienation of all votive offerings the beneplacitum of the Apostolic See is required (there seems to be question of jewels, objects wrought in gold and silver and other gifts of that kind offered at miraculous pictures and other sacred shrines). (iii) Is the beneplacitum of the Holy See re- 626 A PRACTICAL COMMENTARY quired, even when the donor of his own accord consents to the aliena- tion? Answer: Yes, even in that case the beneplacitum is required. (iv) Does the mere fact that an offering is made at an altar or a sacred image of itself imply that the offering was made in fulfillment of a vow, or must it be positively known that the offering was made in fulfillment of a vow? Answer: The offering is presumed to be a votive offering, unless the contrary will of the offerer is otherwise proved. (v) Has the Ordinary the right, when the administrative board and the Cathedral Chapter disagree, to supply the consent of one or the other in the matter of alienation, as well as in any other contract of the same nature? Answer: No, he has not the right (Sacred Congregation of the Council, January 14, 1922; Acta Ap. Sedis, XIV, 160). (c) Is the price spoken of in Canon 1532, § 3, the same as the valuation of the object by conscientious experts made in accordance with Canon 1530, § 1, n. 1, or does Canon 1532, § 3, refer to a higher price which was offered in public auction (cfr. Canon 1531, § 2)? Answer: The valuation of the experts only is to be considered. There- fore, if the experts have estimated the value of a thing to be sold below thirty thousand francs and in the auction a higher price is obtained, there is no need of obtaining the beneplacitum of the Holy See (Committee, November 24, 1920; Acta Ap. Sedis, XII, 577). (dq) Has the local Ordinary the right, in virtue of Canon 1532, to validate alienations of ecclesiastical goods made without the required permission, if the value of those goods does not exceed thirty thousand frances? Answer: No. In the “animadversiones” to the answer it is explained that the invalid act is no act, and has no juridical existence ; wherefore it cannot be rectified (literarily “healed,” sanari) by authori- ties inferior to the Roman Pontiff (Sacred Congregation of the Council, May 17, 1919; Acta Ap. Sedis, XI, 382). (e) Canon 1536, § 1, rules: “Unless the contrary is proved, it must be presumed that those things which are donated to rectors of churches, even of churches of religious, are donated to the church.” As this rule is not a new law, but has been taken from the Constitution of Pope Leo XIII, “Romanos Pontifices,” May 8, 1881, and is in harmony with the most universally accepted interpretation of the former common law, that rule of Canon 1536, § 1, is to be applied in the interpretation of donations also made before the promulgation of the Code [ Apostolic Signatura (in Causa de Manila), April 6, 1920; Acta Ap. Sedis, XII, 252]. (60) Concerning pious foundations. (a) Laical chaplaincies which have not been accepted by the bishop APPENDIX III 627 may be changed or suppressed by the founders while they are living and also by last will. Cfr. Canon 1544, §2 [Roman Rota, February 26, 1921 (in Causa Bergomensi), Acta Ap. Sedis, XIII, 505]. (b) In accordance with Canons 1517 and 1551, can the Ordinary for reason of the diminution of the income reduce foundation Masses, if such an emergency is explicitly provided for in the charter of the foundation? Answer: Yes, he can (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 529). (61) Concerning the competent forum. (a) The Bishop of Paderborn explained to the Holy See that in his diocese disputes between Catholics concerning the right to pews in church are usually taken to the civil courts. He inquires whether this custom can be approved or at least tolerated, especially when the liti- gants explicitly appeal to the civil courts from his decision given by way of administration? Answer? The custom cannot be tolerated, all the more so when there is question of suing in the civil court against the order of the Ordinary. Care should be taken to abolish the custom spoken of in the ease. Cfr. Canon 1553, § 1, n. 1 [Sacred Congregation of the Council (in Causa Paderbornenst), December 11, 1920; Acta Ap. Sedis, XIII, 262]. (b) In accordance with Canon 1565, §1, can a party be sued before the Ordinary of the place where the contract was made, or is to be executed, though that party has left the place? Answer: No, he cannot be sued in that place after he has left it, but the parties can make a special agreement in the contract (cfr. Canon 1565, § 2) to be sued on the contract in a certain place, though they are away from that place (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 529). (62) Concerning the judge. The Archbishop of Breslau requested the Holy See to declare: (1) whether the custom in his diocese existing for one hundred and seventy years of admitting laymen experienced in law to a decisive vote in matrimonial and civil cases, but excluding them from criminal cases, can be called legitimate and may be tolerated; (2) whether in future these laymen can be admitted in ecclesiastical trials, excepting criminal trials, as auditors to draw up the cases or as assessors with a consultive vote in those trials which have some connection with the civil laws. Answer: No, in both points. In the “animadversiones” it is explained that laymen are to be entirely excluded from the office of judge in ecclesiastical trials, and the contrary custom is condemned as subversive to ecclesiastical discipline and not to be tolerated. The auditors and assessors must be taken from the synodal judges, who, in accordance with Canons 1575 and 1581, must be priests (Sacred Con- 628 A PRACTICAL COMMENTARY gregation of the Council, December 14, 1918; Acta Ap. Sedis, XI, 128). (63) Concerning the Sacred Roman Rota. (a) The Sacred Roman Rota is not competent to try cases which, though they have a residential bishop as a party to the ease, originate from an administrative decree or disciplinary measure of the bishop. As, in virtue of Canon 1601, the Roman Rota is entirely incompetent to try such cases, which are reserved exclusively to the Sacred Con- gregations, it cannot judge on the merits of those cases, nor consider them incidentally, and as it were accidentally. Canon 17 of the laws proper to the Sacred Roman Rota states that the lack of authority of the Rota in these eases is absolute, so that this tribunal cannot even incidentally consider those eases, and, if it does render a decision concerning them, its sentence is null and void (Sacred Roman Rota, April 30, 1923; Acta Ap. Sedis, XV, 296). (0) In accordance with Canons 1552-1601, can a judicial trial be instituted against the decreés, acts, or orders of Ordinaries, which have reference to the government or administration of his diocese—e.g., conferring of benefices, offices, ete., or the refusal to confer some benefice or office, ete.? And, if no trial can be instituted for the purpose of (e.g.) forcing the bishop to confer a benefice, office ete., can a canonical trial be instituted at the tribunal of the Sacred Roman Rota, in accordance with Canons 1557, §2, and 1559, §2, for the purpose of obtaining damages suffered through the deeree, orde1, or refusal of the bishop? Answer: Neither trial can be instituted. The matter pertains exclusively to the Sacred Congregations to pass judg- ment on the actions of the Ordinary in disciplinary and administrative matters, and also the judgment as to injury inflicted unjustly by the Ordinary through his measures or acts (Committee, May 22, 1923; Acta Ap. Sedis, XVI, 251). (64) Concerning the Signatura Apostolica. The congressus of the Signatura Apostolica has a two-fold juris- diction—one administrative and the other judicial. As administrative organ of the Holy See, it receives petitions for Papal commissions and prayers for other rescripts of that kind; as a judicial tribunal it has judicial power (efr. Chirographum Bened. XV, June 28, 1915; Acta Ap. Sedis, VII, 320). and can examine the judicial decrees of the Sacred Roman Rota, hear the parties (if it deems it necessary), or, if the case is sufficiently complete, examine the acts and confirm or reject or correct the decision of the Sacred Rota, Matters of greater importance must be submitted to the full tribunal of the Signatura Apostolica [Signatura A postolieca (% Causa Romana), November 25, 1922; Acta Ap. Sedis, XV, 180]. ee. se ee ars ; Ts APPENDIX III 629 (65) Concerning procurators in law suits and attorneys. Must clerics and laymen approved as attorneys for the defence in ecclesiastical cases tried at the Roman Curia, even the attorneys of the Consistorial Congregation, obtain approval from the local Ordinary, if they wish to practise law in the diocesan curias? Answer: Yes, they cannot practise without the approval of the Ordinary [Signatura Apostolica (in Causa Romana), June 23, 1923; Acta Ap. Sedis, XVI, 105]. (66) Concerning suits on the nullity of acts. Canon 1683 rules that an inferior judge cannot pass judgment on the confirmation given by the Roman Pontiff to an act or instrument. unless he has first obtained a mandate from the Apostolic See. As this Canon does not constitute new law but merely repeats the former law, it must be interpreted in accordance with the accepted interpretation of approved authors who wrote on the former law (cfr. Canon 6, n. 2). The confirmation spoken of in Canon 1683 means a confirmation in forma specifica, not in forma communi, and that specific confirmation must have been issued by the Supreme Pontiff himself, not by the Sacred Congregations, unless the confirmation was not given by one of the Sacred Congregations by their ordinary power, but by authority specially delegated to it by the Supreme Pontiff. Finally, the letters of the Apostolic See are withdrawn from the judicial recognition of the judges in those cases only in which the letters are issued under clauses which invalidate the action concerning those letters [Sacred Roman Rota (in Causa Tranensi), January 30, 1923; Acta Ap. Sedis, Velen ie (67) Concerning judicial sentences. In accordance with Canons 1874, § 5, and 1894, n, 3, is a sentence null and void which is issued by a collegiate tribunal and subscribed by the presiding judge and a notary only? Answer: Yes, because all the judges must subscribe to the sentence (Committee, July 14, 1922; Acta Ap. Sedis. XIV, 529). (68) Concerning appeals. The days within which an appeal must be made are to be computed from the day on which legal notice of the sentence has been given to the parties concerned. In virtue of the Instruction of the Sacred Congregation of Bishops and Regulars, June 11, 1880, it was required that the intimation of the sentence be made by a duly qualified person. According to the law in force at present, the notification of the sentence to the parties is to be made in the manner prescribed by Canon 1877. A case irrevocably adjudged in the civil cases holds good also in the ecclesiastical court [Sacred Roman Rota (in Causa Vincen- tina Societatis), March 18, 1922; Acta Ap. Sedis, XIV, 652]. 630 A PRACTICAL COMMENTARY (69) Concerning cases irrevocably adjudged and reinstatement into former right. The Baroness de Laeffert requested the Signatura Apostolica to declare null and void the sentence of the Roman Rota in her marriage case, or at least to grant her reinstatement into the former right. The Signatura Apostolica refused both petitions, the first because of the lack of reasons recognized in law for the declaration of nullity of the sentence, and the other because there was question of a marriage case, which never becomes irrevocably adjudged. Since the reinstatement in the former right is an extraordinary remedy specially against sen- tences which have become irrevocably adjudged, the remedy is not applicable in marriage cases [Signatura Apostolica (in Causa Pader- bornensi), May 31, 1919; Acta Ap. Sedis, XI, 295]. (70) Concerning the competent forum in marriage cases. Can a wife maliciously deserted by her husband, in accordance with Canon 1964, sue him in a matrimonial case before the local Ordinary of the place where the wife has a quasi-domicile of her own, distinct from that of her husband, or can she sue him only in the diocese where the husband has a domicile or quasi-domicile? Answer: She can sue him only where he has a domicile or quasi-domicile. Can a Catholic woman who has not been legitimately (ie., by authority of the Ordinary) separated from her non-Catholic husband, and who has a quasi-domicile of her own, sue her husband in the diocese of her quasi-domicile only, or also in the diocese where her husband has a domicile? Answer: Since the wife has a quasi-domicile of her own, and also participates in the domicile of her husband, she can sue him either in the diocese of her quasi-domicile or in the diocese of the domicile of her husband, which is also her own domicile in accordance with Canon 1964 (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 529). (71) Concerning appeals in marriage cases. (a) In accordance with Canon 1903 matrimonial cases never become irrevocably adjudged, but two uniform sentences in the same case have the effect that the case is not admitted for a further trial unless new and weighty arguments or documents are produced. The new arguments or documents must be grave, but they need not be most grave (gravissima), as is plain from Canon 1786, which distinguishes between grave and most grave reasons. It is not necessary that the reasons and documents are so evident as to entitle a person to rein- statement to the former right in the face of an irrevocably adjudged sentence, Cfr. Canon 1905, § 2, n. 2. [Sacred Roman Rota (in Causa Diecesis Z), May 19, 1921; Acta Ap. Sedis, XIII, 546]. (b) The rule which ordains that a sentence concerning the bond of APPENDIX III 631 marriage or the state of marriage does not become irrevocably ad- judged (cfr. Canon 1903), does not apply when the bond of marriage has already been dissolved by death of one of the married parties. The reason is that the Code in this matter merely restates the former law, and therefore the Code must be interpreted according to the ac- cepted interpretation of commentators on the former law (cfr. Canon 6). Now, the authors unanimously teach that a sentence in matrimonial cases cannot become irrevocably adjudged in those cases in which obedience to the sentence would foster sin which could not be pre- vented by the consent of the parties [Sacred Roman Rota (in Causa A gypti), June 20, 1922; Acta Ap. Sedis, XIV, 600]. (72) Concerning marriage cases exempted from the formalities of canonical trials. Can the Ordinary with the omission of the formalities demanded by the Apostolic Constitution “Dei miseratione” of Pope Benedict XIV, November 3, 1741, pronounce a marriage null and void after con- sultation with the defensor vinculi matrimonialis without the necessity of a second sentence in the following cases: (a) If two Catholes contracted a civil marriage in a place subject to the “Tametsi”’ of the Council of Trent, or in any place after the “Ne temere” decree, and then obtained a civil divorce and desired to marry again in the Church, or having married again outside the Church ask that their marriage be validated? (6) If a Catholic has married a non-Catholic in a non-Catholic church, has obtained a civil divorce, and then desires to marry a Catholic in the Catholic Church; (c) If apostates from the Catholic faith have married outside the Church, either before a civil magistrate or in a non-Catholic church, have obtained a civil divorcee, and then return to the Catholic Church and desire to marry a Catholic in the Catholic Church? Answer: The above cases do not require any judicial procedure nor the intervention of the defensor vinculi, but are to be decided by the Ordinary himself or by the pastor in consultation with the Ordinary (Committee, Octo- ber 16, 1919; Acta Ap. Sedis, XI, 479). (73) Concerning the procedure to prove the Matrimonium Ratum non Consummatum for the purpose of obtaining a dispensation of the marriage bond from the Holy See. The Code, in Canon 1119, declares that the non-consummated mar- viage of two baptized persons, or of a baptized and a non-baptized person, can be dissolved by dispensation of the Apostolic See. In order that the Apostolic See may grant the dispensation, two things must be proved: (a) that the marriage was never consummated, and (b) that there is a just reason for the concession of a dispensation. 632 A PRACTICAL COMMENTARY Though the Roman Pontiff aloné has the power to grant this dispen- sation, nevertheless the Holy See usually commits to the local Ordi- naries the drawing up of the process by which the non-consummation of the marriage and the reason for a dispensation are to be proved. Though the process is not strictly speaking a canonical trial, but rather a special favor granted to the petitioner who requests a dis- pensation from the marriage bond, nevertheless the judge must pro- ceed with the same diligence as though it were a canonical trial, and his decrees and orders have the same force as in a canonical trial. Moreover, the judge, witnesses and parties must keep in mind that it is absolutely essential that the truth is ascertained, for, if the marriage was actually consummated and the truth was not discovered either through the fault or indifference of the court, or through the fraud or neglect of the witnesses and parties, the dispensation of the Su- preme Pontiff would be null and void through the lack of its founda- tion. In order that the entire procedure may be clearly known, the Holy See publishes a detailed instruction on every phase of the in- vestigation usually committed to the local Ordinaries. The Sacred Congregation of the Sacraments alone has the right to pass judgment on the non-consummation of the marriage and on the existence of a just reason for the dispensation (cfr. Canon 249, § 3, and Canon 1962). No inferior judge can institute the process in cases of dispensation from the bond of the matrimonium ratum non consummatum, unless the Apostolic See has granted that faculty to him. If, however, a competent judge has by his own authority con- ducted the trial on the nullity of marriage for reason of impotency, and in the course of the procedure proof is obtained of the non- consummation of the marriage instead of impotency, he shall forward all the acts together with the petition for the dispensation submitted by one or both parties to the Sacred Congregation of the Sacraments, which Congregation may make use of the acts to pass judgment on the matrimonium ratum non consummatum. If the proofs contained in the above acts are not considered sufficient to establish the non-con- summation of the marriage in accordance with the rules given in this Decree, the proofs should be completed and then forwarded to this Sacred Congregation. If in a trial, in the first or second instance, on the nullity of mar- riage for reasons other than impotency (e.g., defect of consent, force and fear, ete.), the nullity of the marriage cannot be proved, but inci- dentally a very probable doubt arises that the marriage was never consummated, one or both parties may address a petition to the Roman Pontiff for a dispensation from the matrimonium ratum non consummatum. -The judge in these eases is granted faculty to proceed APPENDIX III 633 with the proof of the non-consummation of the marriage according to the rules of this Decree, without first requesting the Sacred Congre- gation for permission to institute the procedure. The married parties exclusively have the right to ask for the dis- pensation of the non-consummated marriage (Canon 1973). On ac- count of the exceptional nature of the process, which is governed by the rules here laid down, it is appropriate that the married party who asks for the dispensation is not called by the name of “plaintiff” but rather of “petitioner,” and the other party, if he does not join in the petition, shall be known as the “party convened” (pars conventa). The petition, which is always to be addressed to the Roman Pontiff and to be sent to the Sacred Congregation of the Sacraments, shall contain a complete and accurate statement of the facts of the case and all the reasons which may be helpful towards the obtaining of the requested dispensation; day, month and year and the diocese in which the petitioner or petitioners live, shall be noted down in the petition. Care must be taken that the petition contains a genuine narration of the facts, written, if possible, by the petitioner himself and signed by him. Though every Catholic is free to send the petition to the Holy See, it is preferable and also to be advised that the petition be for- warded through the proper Ordinary, who must add his own report. The proper Ordinary is the Ordinary of the place where the marriage was contracted or in which the petitioner has a domicile or quasi- domicile; in the case of a petition of a married party who is illegiti- mately separated from his or her spouse, the proper Ordinary is the Ordinary where the “party convened”—if he or she be Catholic—has a domicile or quasi-domicile. The petitioner may, however, have re- course to the local Ordinary of his or her actual habitation, who can accept and recommend the petition to the Sacred Congregation, espe- cially when several witnesses who are to be examined live in his diocese. In order that the Ordinary may add his own report with sufficient knowledge of the facts, he may make investigation concerning the facts and persons, but he cannot have a judicial inquisition properly so called, with the questioning of the parties and witnesses in the form of a judicial process. If it happens that the petition is made by a non-Catholic party, the Ordinary shall likewise forward the petition to this Sacred Congre- gation, adding necessary and timely explanations in reference to the foundation for the petition, the personal qualities of the petitioner, and other circumstances affecting the case. After he has obtained sufficient knowledge of the facts and the 634: A PRACTICAL COMMENTARY persons, the Ordinary shall endeavor to reconcile the parties so as not to break the conjugal relations, using prudence and pastoral charity and arguments which seem most effective in the case, unless the cir- cumstances of facts and persons clearly prove that such an experiment would be utterly useless. The Ordinaries shall employ the cooperation of the pastors, and the pastors themselves, when they first hear of the discord or difficulties of married persons, shall of their own accord use all the means which prudence and charity suggest to prevent the breaking of the conjugal relations. If, from the petition of the party or from the process of the case which has commenced, or from other investigations which the Ordinary is to make before forwarding the petition, it is ascertained that the married couple has absolutely avoided the consummation of the mar- riage through the detestable crime of onanism, the petitioner—or both married parties, if both join in the petition—must be told that the case cannot be begun, or, if begun, cannot proceed further. If the peti- tioner asserts that he had no share whatsoever in the crime, or if he states he has not been without fault but proves that matters have now come to such a climax that it is impossible to enter in conjugal re- lations, and if he is sincerely sorry for his deed and seriously promises that in another marriage—if it will be permitted to him—he shall not indulge in the crime of onanism, the judge shall refer the matter to the Sacred Congregation. If, after receipt of the petition, the Sacred Congregation judges that the petition should be granted, it usually issues letters of dele- gation for the conducting of the case to the Ordinary who recom- mended the petitioner, and the Ordinary must conduct the case ac- cording to the rules of this Decree and the instructions which the Sacred Congregation may deem appropriate in the ease. After these preliminary regulations, the Sacred Congregation treats of the rules concerning the constitution of the tribunal and the entire course of procedure prior to the forwarding of the acts to the Sacred Congregation (Chapters III-XIV of the decree). Finally (in Chapter XV), it speaks of the Papal Rescript granting the dispensation, which is granted directly by the Roman Pontiff himself in forma gratiosa, and which is to be subscribed by the Cardinal Prefect of the Sacred Congregation of the Sacraments, or by a Cardi- nal who takes his place, and by the Secretary or Sub-secretary of the same Sacred Congregation. In view of the form in which the Rescript is issued, it has effect from the moment in which the Roman Pontiff in audience with the Secretary of the Sacred Congregation grants the dispensation, provided that the petition is true at that moment with regard to the non-consummation of marriage and the reasons for the APPENDIX III 635 dispensation (cfr. Canon 41). If the petition is no longer true in one or the other particular, the Rescript is entirely worthless for the petitioner because of the statement of a falsehood or the concealment of the truth. In the Rescript of dispensation from the bond of non-consummated marriage is contained, though not expressed, another dispensation— namely from the impediment of adultery with the promise or the at- tempt of marriage, if such a dispensation should be necessary (cfr. Canon 1053). After the expenses have been paid, the Reseript of dispensation is handed or sent to the party who made the petition, and it must be exhibited to the Ordinary (cfr. Canon 51), but the Sacred Congregation shall officially inform the Ordinary of the grant of the dispensation by mailing to him an authenticated copy of the Rescript. The Ordinary, who has been informed of the dispensation by authentic document, shall order the pastor of the place where the now dissolved marriage was contracted and the pastor of the place where the parties were baptized to enter the dispensation in the mar- riage and in the baptismal records (Sacred Congregation of the Sacra- ments, May 7, 1923; Acta Ap. Sedis, XV, 389 sqq). At the end of the Decree, an Appendix is added containing legal formulas for the various acts of the procedure. (74) Concerning the time allowed for recourse against decree of removal of a pastor. Canon 2146 states that there is but one remedy against the final decree of removal of a pastor from his parish (namely, recourse to the Apostolic See), but that Canon does not state within what time such recourse must be taken. The Sacred Congregation declares that the recourse must be taken within ten days from the time of receiving notification of the decree of removal, and the days are to be counted according to the rule of Canon 34, n. 3 and Canon 35 (i.e., the first day does not count and the ten days expire with the end of the tenth day, not counting the first day). The time is tempus utile—t.e., if one is ignorant of the right to have recourse, or if one is at that time unable to act, he has ten days after he attains knowledge or becomes able to act. The Ordinary must be informed by the pastor who takes recourse that he has done so [Sacred Congregation of the Council (in Causa fomana et aliarum), January 12, 1924; Acta Ap. Sedis, XVI, 162]. (75) Concerning the invitation of a pastor to resign his parish. Does it suffice for the effect of removal to issue a public invitation to resign by the public posting of the edict or by publication in a paper or magazine, just as Canon 1720 permits a public summons to court, if the pastor has disappeared and conceals his place of sojourn with the intention of preventing the invitation from reaching him? 636 A PRACTICAL COMMENTARY Answer: Canon 2143, §3, makes provision for that emergency, stat- ing that he who prevents an admonition from reaching him is con- sidered admonished (Committee, November 24, 1920; Acta Ap. Sedis, XII, 577). (76) Concerning the effect of a canonical precept with threat of penalty. . In accordance with Canon 2233, § 2, after the violation of a pre- cept to which a censure ferende sententie is attached, can the penalty be pronounced against the transgressor immediately after the offense has been proved, or must a new admonition be given to him before the censure can be pronounced? Answer: The censure can immediately be pronounced against him (Committee, July 14, 1922; Acta Ap. Sedis, XIV, 530). (77) Concerning the recourse to the Apostolic See after absolution from certain censures in danger of death. Canon 2252 states that, if a priest without special faculties has absolved a dangerously sick person from censures reserved in a most special manner to the Apostolic See and the penitent recovers, recourse is to be made by the confessor to the Sacred Penitentiary or to the bishop or to another who has the faculty to absolve from those cen- sures. ‘The question is whether Canon 2252 is to be understood in such a sense that recourse may always be made to the bishop, or only in case the bishop has faculty to absolve from those censures? An- swer: Recourse to the bishop may be made only if he either by law or by special Indult of the Holy See has faculty to absolve from the censures reserved in a most special manner to the Holy See (Com- mittee, November 12, 1922; Acta Ap. Sedis, XIV, 663). (78) Concerning the forbidden communication with heretical sects. (a) Whether the Instruction of the Sacred Congregation of the Holy Office, issued September 16, 1864, with reference to the partici- pation of Catholics in a certain society established at London for the reunion of all Christians, are to be applied and observed by the faithful also with reference to their participation in any meetings, public conventions and private gatherings arranged by non-Catholies for the purpose of uniting all organizations of Christians? Answer: Yes, and the above-mentioned Instruction, together with other letters of the Holy See to certain Anglican Puseyites, issued November 8, 1865, are again to be published in the official organ of the Holy See (Holy Office, July 2, 1919; Acta Ap. Sedis, XI, 309). (6) Whether the doctrines called theosophism can be harmonized with the Catholic doctrine, and whether it is lawful to join theosophistie societies, be present at their conventions, and read their books, peri- odicals, newspapers and other writings? Answer: All these things are forbidden (Holy Office, July 16, 1919; Acta Ap. Sedis, XI, 317). ae APPENDIX IV FACULTIES GRANTED BY THE SACRED CONSISTORIAL CON- GREGATION AFTER THE PROMULGATION OF THE CODE (REVOKING FORMER FACULTIES) TO APOSTOLIC NUN- TIOS, INTERNUNTIOS AND DELEGATES FOR THE PLACES OF THEIR JURISDICTION. CHAPTER I GENERAL FACULTIES 1. Faculty to visit either in person or through an ecclesiastic of tried virtue, prudence and learning, persons, places and things spoken of in Canons 344, 512, 1382—in particular cases, however, and by way of visitation—provided that the visitation seems necessary and urgent, that the Ordinary is unable or has neglected to hold the visitation, and that there is no time to have recourse to the Holy See. 2. Faculty to draw up either in person or through an ecclesiastic dignitary all acts or processes concerning the men who have been designated by the Holy See for the episcopal or archiepiscopal dig- nity, in accordance with the regulations passed for the individual nations. | 3. Faculty to confer on properly qualified persons those benefices spoken of in Canon 1435, § 1, nn. 1-3, observing the rules which have been or will be ordained by the Apostolic Datary. 4, Faculty to absolve in the forum of conscience as well as in the external forum, as the diversity of cases may require, from all censures reserved by law either in a simple or special manner to the Roman Pontiff, imposing penances, ete., as the law requires. 5. Faculty to dispense men already ordained—so that they may be permitted to say Mass and obtain or retain ecclesiastical benefices— from all irregularities arising from crime or defect, provided no scan- dal is caused by the dispensation and the man is capable of performing the sacred rites, with the exception of the irregularity of bigamy spoken of in Canon 984, n. 4; if the irregularity was caused by the crime of heresy or schism, the cleric shall before receiving the dis- pensation make the abjuration in the hands of the one who absolves him. 6. Faculty to grant for reason of poverty to those who omitted 637 638 A PRACTICAL COMMENTARY the application of Mass due from foundations or from manual stipends permission to supply the Masses omitted in the past gradually, so that they, in so far as they are able, make complete satisfaction by saying, or having others say a few Masses each month. The number of Masses to be supplied is to be equitably determined by the Apostolic Nuntio, Delegate, etc., himself, if the matter is public; by the con- fessor, if the matter is occult. The men guilty of such omissions are, moreover, to be informed that, if they obey the orders given them in the matter, and have not fully supplied the omissions when death approaches, and have no means to arrange for the saying of the Masses by others, the obligation is condoned and the Holy See will supply the Masses from the treasury of the Church. Faculty is also granted, if it seems expedient in some case for reason of very special circumstances, to reduce the Mass obligations assumed in the past to a certain number, imposing as many Masses as the petitioner is able to satisfy, provided he has not previously neglected Mass obligations and obtained a reduction; the Holy Father supplies the Masses omitted from the treasury of the Church. 7. Faculty to arrange a discreet settlement in the internal forum with those who hold an ecclesiastical benefice—even one to which the eare of souls is attached—and have neglected to say the divine office, and therefore forfeited the right to the revenue of their benefice in proportion to their omissions (cfr. Canon 1475, § 2). The portion of the income of the benefice which in the settlement is to be surrendered by the holder of the benefice, is to be apphed to pious works at the discretion of the Apostolic See. If the holders of benefices are so poor that a settlement for partial restitution of the forfeited income cannot be demanded, the Apostolic Nuntio, Delegate, ete., has power to condone it, but the obligation of almsgiving in proportion to the financial ability of the delinquent is to be imposed either by the Apostolic Nuntio (Delegate, ete.) or by the confessor. If others have a right to the forfeited portion of the income, these rights are not to be infringed by the settlement or condonation. 8. Faculty to condone in the internal forum the illegally acquired income of a benefice, acquisition of which itself was invalid through real simony (simonia realis); an appropriate salutary penance is to be imposed, together with alms according to the delinquent’s means, and orders are to be given him to relinquish the benefice. If, how- ever, there are just and reasonable causes making the relinquishment of the benefice inadvisable (especially when there is question of a parish and there are no qualified men to whom the parish can be entrusted), the Apostolic Nuntio, Delegate, ete., can validate the title to the benefice. 9. The faculty to absolve either in person or through other capable ee APPENDIX IV 639 ecclesiastics persons who hold lands which were many years ago taken from the Church by the civil laws, and which they acquired by in- heritance from their ancestors, or by purchase or other similar contract with former possessors of these lands; to entitle such persons to hold the property lawfully as their own and to dispose of it either by contract or by last will, imposing upon them for once only an appro- priate alms of an amount to be determined at the discretion of the one absolving them and to be expended in favor of some church or pious work. 10. To dispense from the law of abstinence in particular cases on days when abstinence is prescribed, even on fast days and during Lent. 11. To allow clerics and religious, as individuals, for a reasonable cause the private anticipation of Matins and Lauds immediately after twelve o’clock noon any time during the year. 12. To commute, because of poor eyesight or other reasonable cause and for as long as the cause lasts, the obligation to recite the Divine Office into the daily recitation of the entire Rosary of the Blessed Virgin or other appropriate pious prayers, without however releasing the one who obtained the commutation from being present in choir if he has that obligation. 13. To dispense in urgent cases from the academic degrees neces- sary for the obtaining of certain benefices, which, by the charter of its foundation, require that the holder of the benefice have certain academic degrees, provided no prejudice to the rights of others is caused thereby. 14. To grant, in accordance with the rules of the Constitution “Officiorum ac Munerum,” the faculty to keep and read forbidden books and periodicals, under the clauses and limitations which seem necessary or uSeful in the individual cases, and which ought to be those which the Holy Office employs. 15. To commute or to dispense, considering the merits of the cases, all simple private vows, even those reserved to the Apostolic See, with the exception of those vows in which the rights of third parties would be injured by the dispensation. 16. To dispense for a just cause from every oath, provided the rights of third parties are not injured thereby. 17. To remit or condone to the poor in the forum of conscience only some part or portion of goods illegitimately taken away or re- tained, whenever the owners are uncertain and the cases occult; how- ever, the rest of the goods, if any remain in the hands of the evil doers, or otherwise some other sum to be fixed in proportion to the ability to pay, shall be distributed among the poor of the place or among the pious works of the place, if this procedure is feasible. 640 A PRACTICAL COMMENTARY 18. To receive—or to delegate:in individual cases another qualified ecclesiastic to reeeive—the denunciations concerning the crime of solici- tation, observing in all things the form and tenor of the Instruction to be given by the Holy Office. 19. To prolong for a short space of time the faculties, indulgences and indults granted by the Holy See, which have expired without the petition for their extension having been duly sent to Holy See. The use of this faculty entails the obligation of having immediate recourse to the Holy See for the favor, or, if the petition has already been made, to petition an answer. CHAPTER II FACULTIES CONCERNING INDULGENCES 20. To grant six times a year, on the occasion of some solemnity, a plenary indulgence to all the faithful who are truly contrite and have confessed and received Holy Communion, have visited a church or public oratory, and prayed there for some time for the Intentions of the Supreme Pontiff. The faithful who live in places where it is impossible or very difficult to go to Confession may be permitted to gain the aforesaid indulgences by substituting for the actual reception of the Sacraments some work of piety and firmly proposing with a contrite heart to confess the sins committeed as soon as they can. 21. To grant three times a year on days to be determined by them, but not in the same place, the Papal Blessing according to the printed form inserted in these faculties, with a plenary indulgence’ to be gained by those who have with truly contrite hearts confessed their sins, received Holy Communion, assisted at the Blessing, and prayed for the propagation of the faith and the exaltation of the Holy Roman Church. 22. To grant a plenary indulgence, not perpetually but for a length of time to be fixed at their discretion, to all the faithful who with truly contrite hearts confess their sins and receive Holy Com- munion during the Forty Hours’ Devotion, whenever this devotion is ordered to be held by the respective local Ordinaries, though for a good reason the formalities and ceremonies demanded by the Clemen- tine Instruction for the conduct of the Forty Hours’ are not observed in some points. 23. To grant a plenary indulgence to be gained in the act of their conversion (i.e., their reception into the Catholic Church) to converts who return to the Catholic Church from heresy. The faculty says ‘primo conversis” (i.e., persons who never were Catholics). 24. To grant in particular cases or temporarily a plenary in- APPENDIX IV 641 dulgence on the oceasion of a sacred mission, observing the customary rules (1e., Confession, Holy Communion, visit to a church, and prayer for the intentions of the Holy Father). 25. To declare one altar in every church of the territory of their jurisdiction privileged every day of the year, in accordance with the precept of Canon 916. 26. To grant during the term of their office two hundred days’ indulgence to all present at the sacred functions conducted by them. 27. To erect the stations of the Way of the Cross and attach the indulgences to them, and to establish the pious Sodalities of the Rosary, of Our Lady of Mount Carmel and the Seven Dolors, with the power to grant this faculty at their discretion to ecclesiastics for use in places where there are no houses of religious who by Apostolie concession have the privilege to bless the stations or establish the confraternities or sodalities. Under the same condition, they have power to grant to ecclesiastics the faculty to bless and impose the scapulars of the aforesaid sodalities. 28. To grant that the indulgences spoken of in the preceding articles may be applicable also the poor souls in purgatory by way of suffrage. CHAPTER III FACULTIES CONCERNING MARRIAGE 29. To dispense with the impedient impediments spoken of in Chapter III, Title VII, Book III of the Code, provided the precepts therein contained are observed to the letter, especially with reference to dispensations from mixed religion, and the Holy Office is informed each year before Easter of the number and other circumstances of the dispensations from mixed religion granted during the past year. 30. To dispense with the diriment impediments of minor degree enumerated in Canon 1042, provided the rules of Chapter II, Title VII, Book IIT of the Code are observed; to grant a sanatio in radice for marriages invalidly contracted for reason of a diriment impediment of minor degree, with the obligation to observe the precepts of Chapter XI of the same title and book and to advise the party who is conscious of the nullity of the marriage of the effect of the sanatio. 31. To dispense for .... cases (the number of cases is not given in the general formula) from either public or occult diriment impedi- ments of major degree, even when the impediment is multiple, created by ecclesiastical (not by the divine) law, with the exception of the impediments arising from ordination to the priesthood and from affinity in the direct line after consummation of the marriage. As to 642 A PRACTICAL COMMENTARY the diriment impediment of disparity of cult, it shall not be lawful to grant a dispensation except under the conditions laid down in Canons 1060-1064, and, in the case of marriages of Catholics with Hebrews and Mohammedans, it must be certain that the unbaptized party is free to marry, and the danger of polygamous marriage is avoided, that there is no danger of the circumcision of the children, and that, if a civil ceremony has to be performed (because the laws of the country demand it), it will be merely a civil ceremony without the invocation of Mohammed or other kinds of superstition. 32. To grant the sanatio in radice for .... cases (the number of cases is not given in the general formula) in marriages contracted in- validly for reason of a diriment impediment spoken of in nn. 30-31 of these faculties, with the obligation to inform the party who is con- scious of the invalidity of the effect of the sanatie. If, however, the marriage is invalid for lack of the prescribed form of marriage, the sanatic is not to be granted unless it is a case in which the other party refuses to renew the consent before the authorized priest and witnesses, or if to demand the renewal of consent would threaten evil or danger to the other party. If, in a mixed marriage or a marriage of a Catho- lie with an unbaptized party, the marriage was rendered invalid by the non-observance of the prescribed form, and the non-Catholic can- not be induced to renew the consent before the Church, the sanatio is not to be granted unless the Catholic party assumes the obligation to procure—as far as lies in his power—the conversion of the other party and to educate the offspring in the Catholic faith; the Catholic party is to be absolved from the censure, if he contracted marriage before a non-Catholic minister and is to be reminded of the grave crime committed. CHAPTER IV FACULTIES CONCERNING OTHER SACRAMENTS AND SACRED RITES 33. To delegate simple priests of tried virtue and knowledge for the administration of the Sacrament of Confirmation in those regions only in which there are no bishops, observing the precepts of Canons 781, § 1, 782, § 4, 784; the delegation is to be given for some specified length of time. 34, To permit in each individual case or for a certain length of time one low Mass in publie oratories on Holy Thursday. 35. To permit the infirm priests during their illness, or in their old age, the privilege of the private oratory in which they may say Mass according to canonical regulations, . . : APPENDIX IV 643 36. To permit the priests of the territory of their jurisdiction the use of artificial hair (wig) during the celebration of Mass, provided there is necessity for its use. 37. To concede in particular cases the indult to say Mass outside a church or oratory and for a reasonable cause to erect an altar in the open air, in accordance with Canon 822, § 4. 38. To permit priests making a voyage either on the ocean or on rivers to say Mass on the boat on a portable altar, provided the place in which Holy Mass is celebrated is not unbecoming or improper, and there is no danger of spilling the Precious Blood. 39. To reconsecrate either in person or through simple priests delegated by him fixed as well as portable altars which, for reason of some defect, have lost their original consecration, with the obligation to observe in all points the Instruction of the Sacred Congregation of Rites in reference to the sacred rites prescribed in the shorter form of reconsecration of altars. 40. To permit for a reasonable cause in particular cases or tem- porarily the saying of Mass after three o’clock in the morning, 41. To permit temporarily Requiem Masses to be said twice or three times a week in some church, with the consent of the Ordinary, on feasts of the rank of doubles, with the exception of doubles of the first and second class, Sundays and other feasts of precept, and privileged ferias, vigils and octaves. 42. To grant to priests of both secular and the religious clergy who suffer from weakness of eyesight, or from other infirmity, faculty to say the Votive Mass of the Blessed Virgin or of the Dead, obliging them to employ, if necessary, the assistance of another priest, and provided that, if they are pastors, they attend to the obligation of explaining the Gospel to the people on Sundays and holydays of obligation. Furthermore, to concede to priests who are entirely blind the faculty to say Mass, obliging them in every case to employ the assistance of another priest or deacon, and provided an experiment has been made to ascertain whether they can say Mass, and the priests demonstrated their ability. 43. To grant to persons sick in bed without expectation of early recovery permission to receive before the expiration of one month of sickness Holy Communion once a week without keeping the Eucharis- tic fast—i.e., after having taken medicine or some liquid food (cfr. Canon 858, § 2). To grant to the sick who are not confined to bed but who suffer from an illness which, in the judgment of the physician, does not allow them to keep the fast without danger, permission to receive Holy Communion once a week without observing the Eucharis- tic fast, as said above. 644 A PRACTICAL COMMENTARY 44. To permit in individual cases that in churches in which the feast of some saint mentioned in the Roman Martyrology or otherwise approved by the Holy See is solemnly celebrated, High Masses and Low Masses may be celebrated differing from the Office of the Day, provided the Office of the Day is not a double or a Sunday of the first and second class, or the Vigil of Christmas, or the Vigil of Pente- cost, or the Octave Day of Christmas, the Epiphany or Corpus Christi, or Ash Wednesday, or any day of Holy Week. 45. To delegate to any priest in places subject to their jurisdiction in particular cases or temporarily the faculty to consecrate according to the formula of the Pontificale Romanum chalices, patens and altar- stones, using for this purpose the holy oils blessed by a Catholic bishop. 46. To bless church bells and consecrate churches provided they have advised the local Ordinary of the impending ceremony and he has not objected. CHAPTER V FACULTIES CONCERNING RELIGIOUS 47. To take cognizance in extraordinary cases and in cases of urgent necessity of the state of some house of any religious organiza- tion; to lend their counsel and cooperation to superiors for the pur- pose of applying appropriate remedies to abuses and making the re- ligious return to the perfection of their state, but they must as soon as possible inform the Apostolic See, if they deem it necessary to decree something new for the utility of cloistered communities. 48. To dispense for a just cause and at the request of the com- munity from the lack of the dowry required for Sisters or nuns. 49. To concede in particular cases or temporarily faculty to the diocesan Ordinaries to place religious in charge of parishes, if secular priests are wanting, but this is to be done with the consent of the swperiors of the religious and under the condition that at least two other religious live with the pastor; in all other points the laws of the Sacred Canons are to be observed. 50. To permit nuns in case of sickness and for other just reasons to remain outside the enclosure for a length of time to be specified by them; however, the nuns must be always accompanied and assisted by their blood relations or relations by marriage (affines) or some hon- orable woman, must lead a religious life in the (private) house or else- where, and keep aloof from association with men, as behooves virgins consecrated to God. The precepts of Canon 639 apply in this case. 51. To dispense religious of either sex in the forum of conscience only from returning to the religious organization and to permit them APPENDIX IV 645 to remain in the world, whenever they have obtained an invalid declara- tion of nullity of their vows, provided the nullity is occult; however, the vow of perpetual chastity remains, and the other vows are to be observed as to their essentials, until they have obtained a special dis- pensation from the Holy See in the matter. If those religious are priests, they must be ordered to wear the garb of the secular priests. CHAPTER VI FACULTIES FOR PERSONAL USE BY THE NUNTIUS OR DELE- GATE 52. To recite the Divine Office and to celebrate Mass according to the Roman Calendar of the clergy of the City of Rome, and to concede that faculty to the priests living with and subject to them. 53. To reserve the Blessed Sacrament in the oratory of their per- manent residences under condition that a lamp burns continually be- fore the tabernacle, that the key of this tabernacle is carefully guarded, and the other regulations of the Sacred Liturgy are perfectly observed. The oratory shall, by concession of the Roman Pontiff, be considered a public oratory. o4. To administer the Sacrament of Confirmation in the whole district of their jurisdiction and also on the ocean on their voyage to and on return from the place of their jurisdiction. 55. To hear sacramental confessions of all the faithful in the place of their jurisdiction and on the ocean trips spoken of in the preceding paragraph, | 56. To gain for themselves the indulgences which, in virtue of his faculties, they desire to grant to others. Notr: The above faculties contained in Chapters II and III and those enumerated in Chapter I, nn. 1 and 3; Chapter IV, nn. 33 and 39; Chapter V, n. 47, Chapter VI, nn. 54, 55 and 56, are conceded to those only who have episcopal consecration, and are therefore not to be considered granted to those (especially the Auditor and Secretary ) who, during the vacancy of a Nuntiature or a Delegation, are entrusted with the conduct of the business, unless this is explicitly stated, even though the commission to attend to the office is given to them with the ordinary faculties. The representative of the Supreme Pontiff shall be careful not to grant those indults which he can concede temporarily for more than five or ten years. APPENDIX V FORMULA OF FACULTIES ISSUED TO THE INDIVIDUAL BISHOPS IN THE UNITED STATES AND OTHER COUNTRIES I. FACULTIES FROM THE SACRED CONGREGATION OF THE HoLy OFFICE 1. To dispense for just and grave reasons his subjects, even while they are outside the territory of his diocese, and non-subjects while they are in his diocese, from the impediment of mixed religion, and, if necessary, also from disparity of cult ad cautelam, when the non- Catholic cannot before the marriage be induced to embrace the true Faith or the Catholic party cannot be dissuaded from the marriage. The faculty is granted under the proviso that, prior to the dispensa- tion, the promises spoken of in Canon 1061, § 2, are regularly made, and the Ordinary himself is morally certain that the promises will be kept. These promises are: on the part of the non-Catholic party to remove from the Catholic party danger of perversion, and on the part of both parties that they absolutely promise to baptize and educate all children, male and female, in the Catholic religion. The Catholic party shall, moreover, be informed of the obligation he (or she) has to work prudently for the conversion of the non-Catholic party to the Catholic Faith. The parties should be warned that they are forbidden to approach a non-Catholic minister, either before or after the marriage before the Church, to give or renew their consent, as forbidden by Canon 1063, § 2, under penalty of late sententie excommunication reserved t) the Ordinary for the Catholic party, in accordance with Canon 2319; if the pastor knows with certainty that the parties will violate, or have already violated this law (cfr. Canon 1063), he shall not assist at their marriage until he has consulted the Ordinary. If the parties actually live in concubinage, appropriate means should be employed to remove scandal if it exists, and the Catholic party should be properly disposed to receive the grace of God, and, if he perhaps attempted marriage before a non-Catholic minister, he should be absolved from the excommunication he has incurred, and appropriate salutary penances should be imposed on him. 2. To dispense for just and grave reasons his subjects even while 646 APPENDIX V 647 they are outside his territory, and non-subjects while they are within his territory, from the impediment of disparity of cult (except in the case of marriage with a Jew or a Mohammedan), if it can be done without irreverence to the Creator, and the unbaptized party cannot before marriage be induced to embrace the true Faith or the Catholic cannot be dissuaded from the marriage. The faculty is granted with the proviso that, prior to the dispensation, the parties have regularly made the required promises, in accordance with Canon 1061, § 2, and that the Ordinary is morally certain that the promises will be kept. These promises are: on the part of the unbaptized party to remove from the Catholic party the danger of perversion, and on the part of both parties that all the children, male and female, shall be baptized and educated in the Catholic religion. The Catholic party shall, more- over, be informed of the obligation he (or she) has to work prudently for the conversion of the unbaptized party to the Catholie Faith. The parties should be warned that they are forbidden to approach a minister of a false cult, either before or after the marriage before the Church, to give or renew the consent, as forbidden by Canon 1063, § 1. The precept of Canon 1063, § 2, concerning the course of action of the pastor in case of disobedience of the foregoing precept is to be strictly observed. With reference to the legitimation of the off- spring, Canon 1051 is to be kept in mind. If the parties actually live in concubinage, appropriate means are to be taken to remove the scandal, if there is any, and the Catholic party is to be properly disposed to receive the grace of God. For the rest, regarding the publication of the banns, the interro- gation concerning the consent, and the sacred rites (either in a mixed marriage or in one with disparity of cult), the precepts of Canons 1026, 1102 and 1109 are to be observed, and, after such marriages have been contracted, either in his own territory or in the territory of another Ordinary, the Ordinary shall see that the married parties faithfully keep the promises which they have made. 3. To validate marriages by the sanatio in radice, when marriage has been attempted before a civil magistrate or a non-Catholic min- ister by his subjects (even if they thus married outside his diocese), or by non-subjects if they attempted marriage in his diocese, with the impediment of mixed religion or disparity of cult. The faculty is granted with the proviso that the consent in both parties perseveres, and that the consent cannot be renewed in legal form, either because the non-Catholi¢ party cannot be admonished concerning the invalidity of the marriage without danger of great harm or hardship for the Catholic party, or because the non-Catholie party cannot in any way be induced to renew the consent before the Church, or to make the 648 A PRACTICAL COMMENTARY promises prescribed by Canon 1061, § 2; and provided furthermore that there is no other diriment impediment in the case from which the Ordinary has no faculty to grant a dispensation or a sanatio. The Ordinary shall seriously impress on the Catholic party the very grievous offense committed, impose salutary penances on him, and if necessary absolve him from the excommunication, in accord- ance with Canon 2319, § 1, n. 1; and shall declare that, in virtue of the sanatio accepted by the said party, the marriage has become valid and legal and indissoluble by the divine law, and that the offspring which he has or shall have is legitimate. The Ordinary shall, more- over, remind the Catholic party of the obligation which he always has to procure, in so far as lies in his power, the baptism and educa- tion in the Catholic religion of all children, male and female, already born or to be born, and to work prudently for the conversion to the Catholic Faith of the non-Catholic spouse. As it is necessary to have proof in the external forum of the validity of the marriage and the legitimation of offspring, the Ordinary shall command that in every case the document of the sanatio, together with the attestation of its execution, be carefully preserved in the local Curia, and he shall also order that the sanatio of the marriage be recorded in the baptismal record in the parish where the Catholic party was baptized, with the day and year, unless the Ordinary thinks it advisable to omit this annotation. In every case wherein the Ordinary grants one of the foregoing dispensations or sanationes, he shall explicitly make mention of the Apostolic indult (cfr. Canon 1057), and, in the case of the faculty of the sanatio in radice, the Sacred Congregation permits the Ordinary to subdelegate pastors in individual cases only. The present faculties shall be valid only until the time when the Ordinary has to make his report to the Holy See on the state of his diocese, at which time he shall report to the Sacred Congregation of the Holy Office the number of dispensations or sanationes granted in vir- tue of these faculties. The tax or fee which is usually demanded for each dispensation, and which the Ordinary shall collect, shall be three dollars, unless, in view of the circumstances of the individual cases, that tax is diminished or entirely remitted because of the poverty of the petitioners or for other reasons. At the end of every year the Ordinary shall forward directly to this Sacred Congregation the fees which he has actually collected, from which he may subtract one-fifth for his needs and the needs of his diocese. —- . we eo APPENDIX V 649 II. FACULTIES FROM THE SACRED CONGREGATION OF THE COUNCIL 1. To reduc2, for five years, perpetual Mass obligations to such a number that the legitimately established stipend of the diocese may be received for every Mass, whenever the income or interest from the fund set aside for that purpose has been diminished, and there is nobody who by law is obliged and can effectively be forced to increase the Mass stipends. The diocesan Curia shall be notified annually of the celebration of the reduced number of Masses by each celebrant. 2. To transfer, for five years, within the territory of the diocese obligations of Masses to days, churches and altars other than those specified in the foundation of those Masses, provided that there is real necessity, and that divine worship is not thereby diminished, and that nothing is done to make it more inconvenient for the people to hear Mass. Masses ordered by legacies (to be said on certain days, at certain churches or altars) are not to be transferred, if they can easily be said in those places by increasing the stipend. The diocesan Curia is to be informed by each celebrant annually of the fulfillment of the transferred Masses. 3. To transfer, for five years, Mass obligations, which are too numerous to be said in the place where they are offered, to other places, even outside the diocese, provided that the greater number of Masses is said within the territory of the diocese, and that the precept of the Code of Canon Law regarding the safeguards to be taken in com- mitting Mass obligations to others are faithfully observed. 4. To permit the anticipation of the private recitation of Matins and Lauds from one o’clock in the afternoon, whenever there is a reasonable cause. 5. To permit the alienation of ecclesiastical goods to the sum of ten thousand dollars in the United States and in Canada; fifteen thousand pesos in South America and other countries. The permission can be granted only when necessity demands it, and when there is no time to have recourse to the Holy See, and the Holy See shall immediately be informed of the affair as soon as the alienation has been effected. III. Facuities or tHe Sacrep CONGREGATION OF RELIGIOUS 1. To dispense with illegitimate birth as an impediment to joining a religious community, if the constitutions make illegitimacy an im- pediment, provided there is no question of the offspring from sacri- legious intercourse, and provided that the superior requests the dis- pensation and the one dispensed is not elected to the office of a major superior, in accordance with Canon 504. 650 A PRACTICAL COMMENTARY 2. To permit the celebration of three Holy Masses at midnight on Christmas in the churches of religious not comprehended in Canon 821, § 3, with the faculty to distribute Holy Communion to those pres- ent. The three Masses, however, must be said by one and the same priest. 3. To dispense persons who are too old to enter religious life, if a certain institute has an age limit in its constitutions. In each case the Mother General or Provincial is to be consulted, and the consent of such superiors and of their respective council is required, and the postulant must not be over forty years of age, and must possess all other qualifications demanded (by the general and the particular law). 4, To dispense from the lack of the canonical age required for ordination to the priesthood, provided, however, that the lack does not exceed sixteen months. The Ordinary may use this faculty also for the benefit of exempt religious, provided they have received from their superiors the dimissorial. letters, and the candidates have all other qualifications required by the Sacred Canons, and have espe- cially completed the required course of theology in accordance with Canon 976, § 2. 5. To dispense from the partial or entire lack of the dowry in the ease of women who wish to join a community of nuns or Sisters, pro- vided that the financial condition of the institute does not suffer thereby, and that the postulants are endowed with such qualities that one can entertain the well-founded hope that they will be very useful to the institute. 6. To confirm the confessor for a fourth and fifth term of three years, provided that the majority of the religious women have given their consent by secret vote in a meeting called for that purpose, and that also those have been allowed to vote who in other affairs have no vote. For those who dissent and demand another confessor pro- vision must be made accordingly. 7. To permit the celebration of Holy Mass on Holy Thursday and to allow the persons who live habitually in the community to receive Holy Communion and thus satisfy the obligation of the Easter Com- munion. 8. To permit nuns (Sisters with solemn vows) to enter the church (attached to their convent) to clean and decorate it. Before the nuns enter the church all others who do not belong to the cloistered com- munity—even the confessor and the servants of the convent—must have left it, the doors must be locked, and the key given to the superioress. One nun shall never be left alone in church, and there must be at least two. The door which opens from the convent into the church shall be locked with a double lock, the key of one being a OE a APPENDIX V 651 in the hands of the superioress, and that of the other in the hands of the nun appointed by the Ordinary. The door shall not be opened except in the aforesaid cases and under the prescribed precautions. 9. To permit nuns to go outside the enclosure when a surgical operation becomes necessary, even though there is no imminent danger of death or grievous consequences. The permission lasts only for the time strictly necessary, and the prescribed precautions must be taken. IV. FACULTIES FROM THE SACRED CONGREGATION OF THE SACRAMENTS The Sacred Congregation of the Sacraments communicates to the Ordinary the following faculties in virtue of authority granted to it by His Holiness, Pope Pius XI. The Ordinary may make use of these faculties either in person or through other properly qualified ecclesi- astics to be specially appointed for that purpose by him. The marriage faculties for marriages to be contracted and for those contracted in- validly may be used in favor of his subjects wherever they may be at the time, and in favor of non-subjects if they actually stay in his diocese. In every case he shall explicitly mention the fact that. he grants the dispensation by Apostolic delegation in accordance with Canon 1057. 1. To dispense for a just and reasonable cause from the impedient impediments enumerated in Canon 1058 to this extent only that the parties may contract marriage. 2. For a grave and urgent cause, whenever there is danger in delay and marriage cannot be deferred until a dispensation from the Holy See can be obtained, to dispense from the impediments of major degree as follows: (a) consanguinity in the second or third degree mixed with the first, provided no scandal or sensation arises therefrom; (>) consanguinity in the second degree of the collateral line; (c) affinity in the first degree of the collateral line, either simple or mixed with the second degree; (d) public propriety (honestas) in the first degree, provided there is no possibility that one of the spouses might be the offspring of the other spouse. 3. To dispense at the time and in the act of pastoral visitation or sacred missions, not otherwise, from all matrimonial impediments mentioned above in favor of those who are found living in con- cubinage. 4. To validate by sanatio in radice marriage contracted invalidly because of one of the impediments of minor degree, if it is oravely inconvenient to require of the party ignorant of the impediment the renewal of consent, provided that the former consent perseveres and 652 A PRACTICAL COMMENTARY there is no danger of a divorce, and that the party who knows of the impediment is informed of the effect of the sanatio, and that it is duly recorded in the matrimonial record. In the use of the faculties enumerated the precepts of Canons 1048-1054 must be observed. In granting any of the aforesaid dispensations, the Ordinary shall make parties who are able to pay give an offering according to their means to the Holy See. At the end of every year the Ordinary shall make a report to this Sacred Congregation of the number and kind of dispensations granted in virtue of these faculties, and forward the money received as offerings for the dispensations without prejudice to the precept of Canon 1056 (i., a small amount of money may be demanded in favor of the diocesan chancery office for necessary ex- penditures). If other impediments concur with the impediments of mixed re- ligion or disparity of cult, recourse must be had to the Sacred Con- gregation of the Holy Office. 5. To dispense deacons of his diocese from the lack of the re- quired age for the priesthood, not exceeding one year, for .... cases. V. FACULTIES FROM THE SACRED CONGREGATION OF RITES 1. To delegate priests—if possible, men who are vested with an ecclesiastical dignity—to consecrate immovable and portable altars with the rite and form prescribed by the Pontificale Romanum, and, in the case of portable altars, also with the shorter form of the Roman Ritual. 2. To delegate priests—if possible men vested with an ecclesiasti- cal dignity—to consecrate immovable and portable altars which have lost their consecration. In the cases of desecration spoken of in Canon 1200, § 2, Formula B is to be used; in the cases of desecration mentioned in Canon 1200, § 1, the faculty (to use the shorter form) is already given by the Canon, and Formula B is to be used (cfr. Decree of the Sacred Congregation of Rites, Sept. 9, 1920; Acta Ap. Sedis, XII, 449). 3. To delegate priests—if possible, men vested with an ecclesi- astical dignity—to consecrate chalices and patens with the rite and form of the Pontificale Romanum. 4. On the days in Holy Week on which the Passion is read in Mass, to permit priests who by Apostolic indult say two Masses on one day to omit the Passion in one Mass, and read only the last part (Altera autem die), saying before this portion the Munda cor meum, Sequentia S. Evangelit, ete, APPENDIX V 653 5. To bless marriages outside of Mass, or to recite over the married couple the prayers according to the approved formulas, with the taculty to delegate. 6. To bless and impose the five scapulars under one formula without recourse to the Ordinary or to the competent religious congregations. ¢. To make use of the foregoing faculty without the obligation of registering the names in cases of great concourse of people at the time of retreats and missions, with the faculty to subdelegate. 8. To bless holy oils on Holy Thursday with that number of priests and sacred ministers which the bishop can have considering the circumstances, places and conditions. The faculty is given to the officiating bishop. 9. To permit the use of incense in High Masses said without deacon and subdeacon on doubles of the first and second class, Sun- days, and in High Masses celebrated during the Exposition of the Blessed Sacrament and at the altar of exposition. 10. To permit the use of the Memériale Rituwm of Pope Benedict XIII in churches and public and semi-public oratories for the sacred functions of the three last days of Holy Week, and in the blessing of ashes on Ash Wednesday and of candles and palms, provided the sacred functions are conducted with due decorum and reverence. 11. To bless religious objects with the Sign of the Cross and the observance of the rites prescribed by the Church. On the occasion of the pastoral visitation, when many persons ask to have diverse religious articles blessed which would have to be blessed with various formulas, the Ordinary may in these circumstances bless all the objects with this one short formula: “Benedicat hee omnia Deus, Pater, et Filius et Spiritus Sanctus. Amen.” This faculty is personal to the Ordinary. 12. To celebrate a low Mass of Requiem once a weex in his own oratory, provided the day is not a double of the first or second class, a Sunday, holyday of obligation (even a suppressed one), a privileged octave, a feria of Lent, an Ember Day, Rogation Monday, a vigil or a feria on which the Mass of a Sunday, postponed or anticipated, is to be said. VI. Facuuties rrom tHm SAacrep PENITENTIARY To you, the Ordinary of ——-—— mentioned below, we communi- cate the faculties to absolve from censures and to grant dispensations, for five years, which you may use in the forum of conscience, also outside sacramental confession and outside the diocese for the benefit of your subjects, though you and your subject be actually outside the 654 A PRACTICAL COMMENTARY territory of the diocese, in virtue of the delegation granted to you by special authority of the Apostolic See. These you may subdelegate for the territory of your diocese only to the Canon Penitentiary and to vicars-forane for the forum of conscience and in the act of sacra- mental confession only, which delegation may be habitual. As to other confessors, you may subdelegate them in individual cases, when they have recourse to you for their penitents, unless for reason of peculiar cimcumstances you think it advisable to subdelegate the facul- ties to some confessors specially appointed by you for a period of time which you are to determine. 1. To absolve all penitents (with the exception of heretics pur- posely spreading heresy among the faithful) from all censures and penalties of ecclesiastical law incurred through heresies committed either without anyone hearing or noticing them or manifested before others, after the penitent has made known and denounced, as pre- seribed in law, the teachers who professedly teach heresy (if he knows any), and ecclesiastical or religious persons who perhaps were his ac- complices in heresy. And, if there are just reasons why he cannot make the said denunciation before his absolution, he may be absolved under the serious promise to make the denunciation as soon and as well as he can, and in every case he shall before being absolved abjure the heresies secretly before the one who absolves him. Salutary penances in proportion to his guilt shall be imposed on him with the obligation to receive the sacraments frequently and the duty to make retraction of his heresies before those persons before whom he mani- fested them and to repair the scandal which he gave. 2. To absolve from ecclesiastical censures and penalties those per- sons who have defended, knowingly read: or kept in their possession books of apostates, heretics or schismaties, which defend apostasy, heresy or schism, or other books condemned by name by Letters Apos- tolic. Appropriate salutary penance shall be imposed on them, and they shall be obliged before receiving absolution, if possible, to destroy those books or give them to the Ordinary or to the confessor. 3. To absolve from censures those who have directly or indirectly impeded the exercise of ecclesiastical jurisdiction of either the internal or external forum by having recourse to any laical authorities for that purpose. 4. To absolve from ecclesiastical censures and penalties decreed against dueling in cases only which have not been brought before the external forum. A heavy penance is to be imposed, together with other conditions demanded in law. 5. To absolve from ecelesiastical censures and penalties those who have joined the Masonic sect and other associations of that kind which APPENDIX V 655 plot against the Church or the legitimate civil authorities. They can be absolved under condition only that they separate themselves entirely from the respective sect or society and abjure it, that they, in accord- ance with Canon 2336, § 2, denounce ecclesiastical and religious per- sons whom they know to be members, and that they deliver to the one absolving them books, manuscript and insignia concerning the sect or society, if they have any in their possession; these are to be for- warded as soon as possible to the Holy Office, or at least—if just and grave reasons prevent their being forwarded—destroyed. A grave penalty in proportion to the gravity of guilt is to be imposed, together with the obligation to receive the sacraments frequently and the duty to repair the scandal. 6. To absolve from ecclesiastical censures and penalties those who have violated the enclosure of regulars or nuns by entering without legitimate permission, and those who ushered them in or admitted them, provided it was not done for any gravely sinful purpose, even though the sinful purpose was not accomplished, and provided that the matter has not been brought before the external forum. An ap- propriate penance proportioned to the gravity of the offense shall be imposed. 7. To dispense persons who in violation of the vow of perfect and perpetual chastity made privately after the completion of the eighteenth year of age contracted marriage, in order that they may be permitted to ask for the debituwm conjugale. These penitents are to be informed that they are bound by the vow outside the proper use of marriage and if they should survive their partner. 8. To dispense from the occult impediment of crime, after mar- riage has been attempted, provided the impediment was incurred with- out mutual cooperation (cfr. Canon 1075, § 3). The parties who live in invalid marriage must be informed of the necessary secret renewal of consent, and a heavy, long penance shall be imposed on them. To dispense with the occult impediment of crime before marriage has been attempted, provided there was no mutual codperation in the crime. A heavy, long penance is to be imposed. The intention of the Sacred Penitentiary in granting these facul- ties is that, if the Ordinary should perhaps out of forgetfulness or inadvertence make use of the faculties beyond the time specified, the absolutions or dispensations shall nevertheless be valid. BIBLIOGRAPHY ANTONELLI, Jos., “ Medicina Pastoralis” (3 vols., 3d ed., Rome, 1909); “De Conceptu Impotentie et Sterilitatis relate ad Matrimonium”’ (Rome, 1901). 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BIBLIOGRAPHY 661 ViaMinG, THEopoR M., “ Preelectiones Juris Matrimonii” (3d ed., 2 vols., Bussum, 1919-1921). WaretHorst, INNocENT, O.F'.M., “Compendium Sacre Liturgie” (9th ed., New York, 1915). Waterwortn, J., “Canons and Decrees of the Council of Trent”? (Lon- don, 1848). Wernz, Francis X., 8.J., “Jus Deeretalium” (6 vols., 2d ed., Rome, 1905). ; Wernz-Vipat, “Jus Canonicum,” Vol. II, De Personis (Rome, 1923) Vol. V, Jus Matrimoniale (Rome, 1925). Wouters, Louis, C.S8.R., “De Forma Promissionis et Celebrationis Matrimonii”’ (5th ed., Bussum, 1919). ZOLLMANN, Cart, “American Civil Church Law” (New York, 1917). ] PERIODICALS Acta Sancte Sedis (Rome, 1865-1908). Acta Apostolice Sedis (Rome, 1909-——), Official Organ of the Holy See. Archiv fiir katholisches Kirchenrecht (Mainz). Commentarium pro Religiosis (Rome). Ecclesiastical Review (Philadelphia). E'phemerides Theologice Lovanienses (Louvain). Homiletic and Pastoral Review (New York). Trish Ecclesiastical Record (Dublin). Il Monitore Ecclesiastico (Rome). Periodica de Re Canonica et Morali (Bruges). Theologisch-praktische Quartalschrift (Linz), cited as Linzer Quartalschrift. INDEX The numbers refer to paragraphs. Paragraphs 1 to 1190 are contained in Vol. I. Paragraphs 1191-2270 and all Appendices are found in Vol. IT. Abatement: of a lawsuit, 1693-1694. Abbatial Blessing: see Abbots. Abbots: to be called to a general council, 216; necessity of blessing, 237; to receive blessing from the bishop of the place; powers, func- tions, insignia of, 539; penalty for neglect to receive blessing, 2258. See Prelates Nullius, 236-240. Abdication: of cardinalate or episco- pate by a religious, 542. Abduction: an impediment to matri- mony, 1061; penalties for, 2208. Ab Homine: definition, 2052; cen- sures, reservation, 2086-2088. Ab Ingressu Ecclesic, Interdict: what it implies, 2119. Abortion: irregularity incurred by procuring, 938; penalties, 2205. Abrogation: of general laws, 6; of particular laws, 17; of customs, 20; declarations on abrogation of former laws, App. III, 3; declara- tions on laws not abrogated, App. III, 4. Absence: from diocese without per- mission of Ordinary, 114; absence of bishop from diocese, 249; of pas- tors, 341-343. Absolution: complicis, 789-790; from censures, 2089; from sin and cen- sure, 2091; from censures in the ex- ternal and internal forum, 2092; from censures in danger of death, 2093; from censures outside the danger of death, 2094; from cen- sures in urgent cases, 2095-2097; of Freemasons and members of for- bidden societies, 2189; penalty for unauthorized absolution from ex- communication, 2193. Abstinence, Law of: what it forbids, 1276-1277; days of fast and absti- nence, and of abstinence only, 1278-1279; binds all who have completed seventh year, 1280; ab- stinence of Saturdays in Lent may be transferred to Wednesdays, 1281; particular laws contrary to Code are abolished, App. III, 3, h. abstinence ceases on holydays of obligation, provided they are ob- served as such, App. III, 50, c. Accomplice: priest has no jurisdic- tion for absolution of accomplice in sins of impurity, 789; excom- munication incurred by attempt to absolve, 790; penalties for priest who absolves accomplice, 2223. For accomplices in other offenses, see Codperators. Accusation, False: of solicitation, penalties, 2218-2219. Acquisition: of goods by religious, 410; of ecclesiastical and personal property, 1489. Acta Apostolice Sedis: Official medium for promulgating laws of the Holy See, 9. Actions: that may be brought to court, 1637-1668; the suit, 1638- 1640; sequestration and injunc- tion of the exercise of rights, 1641— 1643; to halt new enterprises and obtain security against danger to one’s property, 1644-1645; aris- 663 664 ing from the nullity of acts, 1646- 1648; for the rescission of acts and the restitutio ad integrum, 1649- 1652; actions and counter-actions, 1653-1655; possessory actions or remedies, 1656-1662; extinguish- ment of actions, 1663-1668. See Trials. Ad Limina Visit: of Bishop to Rome, 249, 252. Administration: of parish by pastor, 345-348; of goods of religious, 410- 425; diocesan board of administra- tion, 1513; administration of par- ishes by pastors and lay trustees, 1514; duties of board of adminis- tration, 1515-1518; yearly report of administration to the local Or- dinary, 1518; limitations of the rights of administrators, 1519- 1521. Administrator: of temporal goods of novices before taking vows, 489. — Apostolic: assumption of office, 233; rights and duties, 234; cessa- tion of office, 235. — Diocesan: elected by the Chapter (consultors) within eight days after vacancy of see, 314; election in the United States, 315, App. III, 3, a; qualifications, 316; powers, 317; jurisdiction, 318; support, 318; removal reserved to the Holy See, 319; report to new bishop, 320; cannot reserve cases, 799. — Parochial: appointment by bishop, 350; rights and duties, 352; re- movable at will of bishop, 356. Admission: into religious organiza- tion, 426-498; into postulate, 427- 430; into novitiate, 431-480; into temporary and perpetual vows, 481-496. Admonitions: preceding dismissal of religious, 573; of priests, 1983; as penal remedy, see Remedies, Penal. Adoption, Legal: impediment to mar- riage, 1037. INDEX Adult: definition, 66. For baptism of adults, see Baptism. Adultery: impediment to marriage, 1062-1064; right of innocent party, 1162-1165; penalties, 2212-2214. Affinity: definition, degrees of, 74; diriment impediment to marriage, history of impediment, 1069; com- putation and multiplication, 1070; in the United States, 1071; arises from valid marriage only, 1072. Age: necessary for the reception of major orders, 916; as diriment im- pediment to marriage, 1047; United States laws on age for marriage, 1048. Agent: clerics must not act as agents for property and goods of others, 109. A Jure, Censures: definition, 2052; reserved to Ordinary or the Apos- tolic See, 2086. Alienation: of goods and property of religious, 414-416; of ecclesiastical goods, 418, 1523-1524; when per- mission must be obtained from the Holy See, and when from local Or- dinary, 1525, App. III, 59, c; ex- planation of term “ alienation,’ 1526; defense of the Church against unlawful alienation, 1527; valida- tion by Ordinary of invalid aliena- tion, App. III, 59, d; donations by or to the Church, 1528-1531; sale or disposal of votive offerings, App. III, 59, a-b. All Souls’ Day: Indult to say three Masses on, 705; remuneration for second or third Mass, App. III, &, Cs Alms: right of Mendicant Orders to collect, 536, App. III, 24; limita- tion of other congregations, 537; qualifications of those who collect, 538; collection forbidden without permission of the Apostolic See or the proper Ordinary and the local Ordinary, 1493. Altar Breads: see Hosts. INDEX Altar: privilege of portable altar, 721; must be consecrated for the celebra- tion of Mass, 721; in churches of the Oriental Rites, 722; various kinds, 1229; structure of immovable and portable altars, 1230; consecra- tion, 1231; desecration and recon- secration, 1232, App. III, 47; title, 1233; proper use, bodies must not be buried under or near, 1234. See Privileged Altar. Altar Wine: see Wine. America: immigration of priests from Mediterranean countries, App. III, ine Anathema: definition, 2100. Annual Confession: precept of, 824; how the year is computed, 825. Antimensia: cloths used in the Ori- ental rites for the celebration of Mass, not permitted to priests of the Latin Rite, 722. Apostacy from the Faith: definition, 1346; penalties for and absolution from, 2155-2158; punished with irregularity, 934. —from Religion: definition, 561- 562; penalties for, 563, 2241; Apostolic Delegate: duties and pow- ers of, 208; list of faculties, App. IV. Apostolic See: definition of term, 7. Apostolic Signatura: see Signatura, Apostolic. Appeal: from decision of vicar-gen- eral, 275; from court of first in- stance, 1579; from the provincial superior of a religious order, 1580; constitution of court of appeal, 1581; sentences from which there is no appeal, 1802; procedure of appeal, 1803-1811; cases in which clerics can appeal only to the Apostolic See, 1986; appeal of ir- removable pastors against removal by bishop, 1987; appeal of remov- able pastors against removal by bishop, 1998; appeal of pastors against transfer to another parish, 665 2001; appeal from censures in devo- luto and in suspensivo, 2083-2084; appeal from vindicative penalties, 2128-2129; penalty for appeal against the Roman Pontiff to an (cumenical Council, 2185. Application of decrees or answers of Sacred Congregations: particular or general, 9. — of Mass: for the people in Vicari- ates and Prefectures Apostolic, 229; by the bishop, 250-251; by the pastor, in the United States, 344- 345; persons for whom Mass may be applied, 711-713. Appointment: to ecclesiastical office, 116-122; of pastors, 310, 333-336. Archbishop: to be called to a Gen- eral Council, 174; honors and jurisdiction, 212; rights and priv- ileges, 213; use of pallium, 214; right of precedence, 215. Archconfraternities: see Associations. Architecture: approved ecclesiastical traditions to be followed, 1202. Archives: diocesan, 279; secret, 280; custody of keys, 281; custody of cathedral, collegiate, parochial, and institutional archives, 282-283; penalties for violations of regula- tions concerning diocesan archives, 2261. Articles, Religious: may have vari- ous indulgences, 851. Ashes, Distribution of: on first Sun- day in Lent, 1190; App. III, 45, b. Assistant Priest: appointment, 353, App. ITI, 17, ec; in parish belonging to religious community, 354; resi- dence, rights and duties, 355, App. III, 17, d; removal, 356; powers, 357; office could be erected into benefice, but in the United States such practice is not usual, 1425. — at Mass: permitted to prelates and tolerated at first Solemn Mass of newly ordained priest, 715. Associations: subject to the Church, 582; erection, 583; vicar-general 666 INDEX and letters of erection, 584; right of legal person, 585; approval of statutes, 586; rights, 587; admis- sion and expulsion of members, 588; membership in several per- mitted save in Third Orders, 589; admission and dismissal of mem- bers, 589-591; government, 592- 594; kinds, 595; Third Orders Secular, 596-599; confraternities and pious unions, 600-607; arch- confraternities and primary unions, 608-611; societies forbidden to the people, 2188-2190. See Pious Unions. Attorney: right of all to an attorney, and appointment of same, 1629; _ qualifications, 1631; must obtain approval from Ordinary, 1632, App. III, 65; must have commis- sion from the party or the judge, 1633; rejection and removal, 1635; forbidden to buy lawsuit or make agreement for immoderate profit, 1636. Auditor (at ecclesiastical trials): ap- pointment and office, 1572. Authority, Ecclesiastical: penalty for abuse, 2260. Auxiliary Bishop: see Coadjutor Bishop. Bail: clerics forbidden to go bail, 106. Banns of Marriage: may be pub- lished at any time of the year, 1139; pastor’s duty to publish, 994; time and place of publication, 994; previous investigation, 995; no banns for mixed marriages and others performed with dispensa- tion from disparity of cult, 996; obligations imposed on the faith- ful who know of impediments, 997; faculty of bishop to dispense from banns, 998; formalities of publication, 999; procedure when doubt about impediment arises in course of publication, 1000; pro- cedure when certain impediment is discovered, 1001; announcement of marriage in American civil law, : 1005. Baptism: effect, 64; rebaptism, 627; foundation of all other sacraments, 632; matter and form, 632; min- ister, 633; deacon, extraordinary minister, 634; private baptism, 635; duties of pastors, 636; bap- tism of adults, 637; subject of bap- tism, 638; unusual cases of infant baptism, 639-641; baptism of abandoned infants, 642; of infants of non-Catholic parents, 643; of in- fants of heretical or schismatic parents, 644; adults to be baptized only with their knowledge and con- sent, 645; procedure in extreme cases where there has been no man- ifestation of intention, 646; priest should be fasting at baptism of adults, 647; baptism of mentally defective persons, 648; rites and ceremonies, 649; Latin and Ori- ental Rites, 650, App. III, 29, a; sol- emn baptism and baptismal water, 651, App. III, 29, b-c; private baptism, supplying the ceremonies, bishop may permit private condi- tional baptism of converts from Christian sects, 653, App. III, 29, f; Christian name to be given, 654; sponsors, 655-658; requisites for valid sponsorship, 659; Protestants or schismatics may not be sponsors, 660-661; appointment of sponsors, 661; sponsorship by proxy, 662; physical contact necessary for valid sponsorship, 663; requisites for licit sponsorship, 664; sponsorship of the minister, 665; spiritual relationship of the sponsors, 666; duties of sponsors, 667; time and place of baptism, 668-670; infants should be baptized as soon as pos- sible, 668; limit of delay, 669; place of baptism, 670; parish church must have baptismal font, 671; baptism in non-parochial r INDEX church of extensive parish, 672; solemn baptism in private houses, 673; recent declaration on baptism in private houses, App. III, 29, e; record and proof, 674-679, App. III, 29, d; irregularity incurred by those who allow themselves to be baptized by non-Catholic, 933; doubtful baptism considered valid in reference to impediment of dis- parity of cult, 1054. Baptism by non-Catholics: cause irregularity, 935. Baptized in the Catholic Church: explanation of the term, 1053. Basilica: explanation of title, 1218. Beads, Prayer: see Rosaries. Beard: bishop may forbid clergy to have beard, App. III, 7, ec. Beatification: cases subject to the 8S. Congregation of Rites, 197; proc- ess, 1906; postulator, 1907-1909; the Cardinal Relator, promoter of the faith and sub-promoters, 1910- 1912; notary, chancellor and attor- neys of the process, 1913-1915; proofs to be submitted in the proc- ess, 1916-1919; witnesses and their obligations, 1920-1922; qualifica- tions of witnesses, 1923-1924; ap- pointment and duties of -experts, 1925; documents to be inserted in the process, 1926-1928; process by way of non-cult, oath and those who must take it, 1929; processes to be conducted by the local Ordinary in his own right, 1930-1933; exam- ination of the writings of the Ser- vant of God, 1934-1938; informa- tive process to be conducted by the Ordinaries, 1939-1942; the process of non-cult, 1943; trans- mission of the processes to the Sacred Congregation, 1944-1945; introduction of the cause before the S. Congregation: review of the writings, 1946-1948; discussion on the informative process, 1949- 1954; discussion of the process may 667 on non-cult, 1955-1956; Apos- tolic Processes: the institution of the Apostolic Process, 1957- 1962; judgment on the validity of the Apostolic Process, 1963- 1964; trial on heroism of virtues in particular, or on the martyrdom and its causes, 1965-1968; judg- ment of the miracles of a servant of God in particular, 1969-1973; proc- ess of beatification of servants of God by way of Cult or the Excep- tional Case, 1974-1980. Beatification and Canonization: mat- ters concerning causes may not be printed without permission of the S. Congregation of Rites, 1402. Bells: every church should have blessed or consecreted bells, 1208; consecration pertains to the local Ordinary, 1208; small bell to be rung by server at Mass, App. III, 31, e. Benediction of the Blessed Sacra- ment: 1302, App. III, 51, ec. Benefices: subject to the Apostolic Datary, 205; loss by religious pro- fession, 493; benefices denied to secularized religious, 559; defini- tion and status in the United States, 1423; various kinds, 1424; offices which are not benefices in law, 1425; meaning of the term in the Code, 1426; erection of benefices, 1427- 1431; union, transfer, dismem- berment, conversion and suppres- sion of benefices, 1432-1436; par- ishes united with houses of religious as benefices, 1437; power of Ordinary to transfer benefices, 1438; Ordinaries can divide any parish, despite the wish of the pas- tor, and erect a perpetual vicariate or a new parish, 1439, App. III, 55; dividing parishes in the United States, 1440; dividing parishes of religious, 1441; manner of pro- cedure of local Ordinary in making changes in benefices, 1442; impo- 668 sition of pensions on_ benefices, 1443, App. ITI, 56, a-b; imposition of tax in conferring benefices, App. III, 56, d; those who have right to confer benefices, 1445; benefices re- served to the Holy See, 1446, App. III, 56, c; rules regulating valid conferring of benefices, 1447-1450; installation into benefices, 1451; conflicting claims to benefices, 1452; right of patronage, see Patronage; appointment to benefice a right of the local Ordinary, 1467; rights and duties of beneficiaries, 1471-1478; resignation and commutation of benefices, 1479-1480, App. III, 56, a-b; exchange of benefices, 1481; effects of suspension from benefice, 2122-2125; removal from irre- movable and removable benefices as a penalty, 2140. Bequests: in favor of the Church, should, if possible, comply with civil law, 1506; will of donor to be faithfully executed, 1507; Ordinar- ies the executors of all bequests, 1508; Ordinary to be notified of all pious bequests and donations ex- cept those left in favor of exempt religious clerical organizations, 1509; power of the Holy See and the Ordinary to alter conditions, 1510. Betrothal: see Engagement, Mar- riage. Bible: translations in the vernacular, conditions of publication, 1406, App. III, 54; publication of books of the Sacred Scriptures, annota- tions or commentaries without the approval of competent authorities incurs excommunication, 2165. Bigamy: as a canonical irregularity, 929; penalties, 2211. Bination: may be permitted by Or- dinary for sufficient reason, 706; penalty for illegal bination, 2171. Bishop: habitual faculties, 49, App. III, 9; new formula of faculties, INDEX App. V; power to dispense, 59; divides diocese into parishes, 170; residential bishops to be called to General Council, 174; subject to Metropolitan, 213; vote in Plenary and Provincial Councils, 216; if not subject to any metropolitan, must choose Council of neighboring metropolitan, 218; meetings of bishops every five years, 222; obli- gation to say Mass for the people, 250-251, App. III, 138, a-b; quin- quennial report to the Holy See on state of diocese, 252, App. III, 13, ¢; visitation of the diocese, 253-254; may create religious congregations, 368; power to delegate priests to hear confessions of all religious in his diocese, 399; faculties in the United States with regard to alien- ation of church goods, 418-419; au- thority over exempt religious, 532; authority over organizations ap- proved by the Holy See, 533; power to grant indulgences, 844; ordinary minister of Holy Orders, 881; right to ordain restricted to diocese, 971; duty concerning mixed marriages, 1043; requisites for valid assistance at marriages, 1100-1102; must explicitly desig- nate priest to perform marriage ceremony, 1103-1105; may not delegate priest to assist at marriage until demands of Canon Law are fulfilled, 1107; may an excommun- icated, suspended or interdicted priest be delegated to witness a marriage? 1108; may forbid eve- ning marriages, 1139; power to ap- point holydays of .obligation and days of fast and abstinence per modum actus, 1271; power to dis- pense from laws of observance of holydays of obligation and of fast and abstinence, 1272; ownership of the sacred utensils of a dead dish- op, 1320; teachers and leaders of the faithful committed to bishop’s INDEX 669 care, 1347; office of preaching, 1348; duty to establish Catholic schools, 1394; right to visit and supervise schools, 1397; not bound by the ecclesiastical prohibition of books, 1417; must hear reason- able objections to erection of new parish, 1429; powers and duties with regard to hospitals, orphan- ages and other non-collegiate in- stitutions, 1482-1486; right to remove irremovable pastors for just reasons, 1987-1996; exempt from the penalties of law, 2064 and 2066; can issue a general interdict on a parish or people of a parish and a particular interdict, both local and personal, 2110. Bishop’s Jurisdiction: see Jurisdic- tion, Episcopal. Bishop’s Letter: when it has the force of a precept, 18. Blase, Saint: blessing of throats on feast, App. IIT, 45, c. Blasphemy and Perjury: penalty for, 2176. Blessed Sacrament: see Eucharist. Blessing, Abbatial: see Abbots. Blessings: faculties of Cardinals, 184; reserved and unreserved bless- ings, 1188; blessing of places re- quires powers of both Orders and jurisdiction, 1192; right of blessing places belongs to the local Ordinary or to the major superior of clerical exempt religions, 1194; record and proof of blessing, 1196; church must be blessed or consecrated be- fore use for divine worship, 1204; church of wood, iron or other metal may be blessed but not conse- crated, 1204. Bodily Defect: irregularity, 927. Bond, Marriage: perpetuity and ex- clusiveness, 1143. Books, Censorship of: scope of the ecclesiastical right of censorship, 1398; without previous ecclesias- tical approval even laymen are for- bidden to publish, 1399; who gives permission to publish, 1400; special rule for the secular clergy and relig- ious, 1401; publication of matters relative to beatification, canoniza- tion, and indulgences, 1402-1403; collections of decrees, 1404; litur- gical books and reprints of litanies, 1405; translations of the Bible, 1406, App. III, 54; extent of per- mission to publish a book, 1407; rules of diocesan censorship, 1408; manner in which Jmprimatur is to be given and printed, 1409. Books, Prohibition of: prohibition is subject. to the Holy Office, 191; right of the Church to prohibit books, 1410; books condemned by the Holy See forbidden every- where in any translation, 1411; duty of all to assist the Church in this matter, 1412; consequences of prohibition, 1413; books for. bidden by law, 1414; other publi- cations, 1415; permission to read prohibited books given by law to certain persons, 1416; right of Cardinals and bishops to read for- bidden books, 1417; how to obtain faculty to read forbidden books, 1418; obligation of booksellers, 1419; nobody exempt from the natural law which forbids the read- ing of books that are a proximate occasion of sin, 1420; penalties incurred by those who edit or publish condemned books, 2162- 2165. Breads, Altar: see Hosts. Bribery: penalty for attempted brib- ery of officials of the Curia, 2263. Bulls: issued by the Apostolic Chan- cery, 204. Burial: unbaptized infants of Cath- olics may not receive Christian burial, 1211; burial of excommuni- cated persons and the desecration of the Church, 1212; bodies of the faithful to be buried in consecrated 670 ground, cremation being forbidden, 1235; what is meant by “‘ecclesiasti- cal burial,’’ 1236; burial in churches forbidden by the Code, 1236- 1237, App. III, 48, a; exhuming of bodies, 1243; bodies of the faithful to be brought to the parish church for funeral services, 1244, App. ITI, 49, a; burial of person dying out- side his own parish, 1245; of a Cardinal, 1246; of a holder of a benefice, 1247; of professed relig- ious and novices, 1248; of persons living in a religious house, in a col- lege or in a hospital, 1249; choice of burial church and cemetery, 1250- 1254; ancestral burial places, 1255; rules concerning the funeral ser- vices, 1256-1259; the interment, 1260-1262; burning lamps over graves, App. III, 48, b; funeral fees, 1263; proper pastor’s share in the funeral offerings if the funeral is held in another church, 1264— 1265; funeral services in places where the civil law forbids to take body to church, App. III, 49, b; a church which claims special priv- ilege or custom against the funeral rights of proper pastor must prove its claim, App. III, 49, ce; delayed funeral services and canonical por- tion of proper pastor, App. ITI, 49, d; Mass at transfer of bodies, App. III, 49, e; Mass at transfer of bodies need not be said in proper parish church of deceased, App. III, 49, f.; records of the dead, 1266; persons to whom ecclesias- tical burial is granted or denied, 1267-1270; in an interdicted cem- etery burial must be without eccle- siastical rites, 2113; penalties for violations of laws on deprivation of Christian burial, 2194. Business: clerics forbidden to engage in, 113; penalty for clerics engag- ing in worldly enterprises forbidden to the clergy, 2236. INDEX Camera Apostolica: administers goods and rights of the Apostolic See, 206. Candles, Blessing of: for feast of St. Blase, App. III, 45, ec. Canonical Office: obligation of, 104. Canonization: cases subject to the S. Congregation of Rites, 197; for preceding process of beatification, see Beatification; no one may be canonized unless first raised to the ranks of the blessed by either a formal or equivalent beatification, 1980; proof of miracles required, 1981; Decree of Roman Pontiff by which he announces that the cause may proceed, 1982. Canon Law: general principles, 1-63. Canons, Chapters of: history, 285; purpose, creation, and suppression, and membership, 286; chapters of fixed numbers, 287; support of chapter, 288-289, App. IIT, 15, a-c; conferring of dignities, precedence, rights, and duties, 290, App. ITI, 15, d; canon theologian and canon penitentiary of cathedral churches, 291; duties of canon theologian, 292, App. III, 15, m-p; duties of canon penitentiary, 293, App. ITI, 15, m; bishop confers every benefice and canonry, 294, App. ITI, 15, i; meaning of “properly qualified persons,” 295; appointment of honorary canons, 296; Cathedral Chapter precedes all others, 297; garb of canons, 297; statutes of chapter, 298; assist bishop in sol- emn services, 299; Divine Office, 300; rules if church is a parish church, 301; services at the altar, Conventual Mass, 302; absence from choir service, 303-305, App. III, 15, c; meetings of the Chap- ter, App. ITI, 15, h; emeritus or jubilarian, 306, App. III, 15, g; faculties of penitentiary to absolve from reserved cases, 811; penalty if hts sei an eae INDEX penitentiary or theologian neglects office, 2240. Cardinals: to be called to a General Council, 174; creation and _ privi- leges, 178-181; College, 182; res- idence, 183; privileges, 184; priv- ileges of Cardinal Dean, 185; priv- ileges in their own churches, 186; during vacancy of the Roman See, 186; burial, 1246; ownership of sacred utensils of a dead Cardinal, 1319; not bound by the ecclesias- tical prohibition of books, 1417; exempt from the penalties of law, 2064, 2066. Cardinal Legate: precedence, 209. Cardinal Protector: office and juris- diction, 377. Cardinal Relator: member of the S. Congregation of Rites appointed to report to that Congregation all things which favor or compromise a cause of beatification, 1910. Cardinalate: religious raised to the dignity of, 541. Carmelite Third Orders: transfer of members, 599. Cases, Reserved (to the Holy See for trial): 1550. Casus Perplexus (in matrimonial cases): power of local Ordinaries and pastors to dispense and requi- site conditions, 1014. See Dis- pensation. Catechetical Instruction: pastors, 1350-1352. Catechumens: baptism, 637, 638, 645; sacramentals, 1190, App. 45, a, 1191; Christian burial, 1267. Cathedral Chapter: see Canons. Cathedraticum: bishop’s means of support in the United States, 1478; right of local Ordinary to Ca- thedraticum, 1494, App. III, 58, a; no prescription excuses non-pay- ment, 1502. Celebret: priests must have it to say Mass in strange place, 699- 702. rules for duty of 671 Celibacy: of the clergy, 101; vow not to marry an impediment to marriage, 1033; penalty for viola- tion of obligation of celibacy, 2244, Cemeteries: faithful should be buried in blessed cemeteries, 1236; history of burial in churches; Code forbids burial in churches, except in the case of residential bishops, abbots or prelates nullius in their own churches, or of the Roman Pon- tiff, royal personages and Cardi- nals, 1236-1237; what is to be done if state laws do not allow Catholic cemeteries, 1238; every parish should have its cemetery, and exempt religious may have one, 1239; special burial places for the faithful, clergy and infants, 1240; care and management of ceme- tery, 1241-1242; exhumation of bodies, 1243; choice of cemetery by the faithful, 1250-1254; cemetery adjoining an interdicted chapel is not interdicted, and vice versa, 2114; penalties for violation of cemetery, 2182. Censor Librorum: duties compat- ible with religious life, 540. Censorship of Books: see Books, Cen- sorship of. Censures: definition and infliction, 2080; should be inflicted only for external, grave, consummated and obstinate offenses, 2081; gravity to be judged by the external act, 2082; censures inflicted by judicial sentence, 2083; inflicted by pre- cept of ecclesiastical superior, App. III, 76; appeal against threatened censure, 2084; multiplication of censures, 2085; reserved and non- reserved censures, 2086; should not be reserved unless grave neces- sity demands and reservation is to be interpreted strictly, 2087; cen- sures reserved to the Holy See can- not be reserved to the Ordinary, 672 _ INDEX 2088; territorial and ab homine censures, 2088; absolution by con- fessor in ignorance of the reserva- tion is valid unless censures is ab homine or reserved to the Apostolic See specialt modo, 2088; censure is removed only by legitimate abso- lution, 2089; one censure may be absolved while others remain, 2090; relation between absolution from sin and from censure, 2091; abso- lution in the internal and external forum, 2092; absolution in danger of death, 2093; absolution outside danger of death, 2094; absolution in urgent cases, 2095-2097, App. III, 77; censures in particular, nature and infliction of, 2098. See Excommunication, Interdict and Suspension; penalty for vio- lation of censure, 2193; penalties for obduracy under censure, 2195; Summary of Censures latae sen- tentiae, App. II. Ceremonial Congregation, 198. Cessation: of delegated and ordinary power, 159-160. Chancellor (of the Diocesan Curia): office, 277; is by virtue of his ap- pointment a notary, 1983. Chancery, Apostolic: duties of, 204. Chapters of Canons: see Canons, Chapters of. Chapters of Religious: jurisdiction, 379; elections, 383. Character, Sacramental: 627. Chastity: vow of perfect chastity an impediment to marriage, 1032; penalties for offenses against, 2212- 2214. See Celibacy. Children: Holy Communion of chil- dren, 751-752; to be warned by pastors not to marry without con- sent of parents, 1003; pastor must refer marriage of children to the Ordinary, 1004; duties of parents towards children, 1144, 1146; ex- cused from penalties late sententie, but not from penalties ferende sen- tentie, 2070; excommunication of parents who have their children baptized by non-Catholic ministers, 2166, 2169; excommunication of persons who marry with the agree- ment that all or some of the chil- dren will be educated outside the Church, 2166, 2168. Chrism: blessed by the bishop, 680; whether priests may bless, 681; priests who have special indult to confirm must use chrism blessed by bishop, 681. Christian Doctrine: see Knowledge and Catechetical Instruction. Church: church of religious women may not be parochial, 523; what is meant by the term “ church,” 1198; cannot be built without the consent of the local Ordinary, 1199-1200; blessing of the corner stone, 1201; architecture, 1202; not to be used for profane purposes, 1203; must be blessed or conse- crated before used for divine wor- ship, 1204; days on which conse- cration may be held, 1205; feast of dedication, 1206; title, 1207; bells, 1208; loss of consecration, 1209; religious services in consecrated or blessed churches, 1210; pollution, 1211-1213; reconciliation, 1214; persons who have power to recon- cile, 1215; custody against irrever- ence, 1216; right of refuge, 1217; title of basilica, 1218; admission to services must be free of charge, 1219; administration of goods, 1220-1222; persons bound to keep church in repair, 1223-1224; res- ervation of the Blessed Sacrament, 1292-1296, App. III, 51, a-b; pen- alties for violation of church, 2182. Church, The: relation to the State, 3. See Civil Power. Civil Power: has no jurisdiction over marriage contract of Christians, 975; in countries where civil mar- riage and church marriage are . | INDEX required, the Church insists on compliance with civil law, App. III, 41, c; marriage between un- baptized persons subject to civil power, 981; penalty of those who have recourse to the civil power against letters or acts of the Apos- tolic See or its legates, 2186. Clergy: distinction between clergy and laity, 83; special vindicative penalties of the clergy, 2139. Clerical Garb: see Garb, Clerical. Clerics: definition, institution, and degrees, 84; how constituted, 85; jurisdiction, 85; prelates, 86; must belong to a diocese or to a religious community, 87; incardination, 88; implied incardination, 89; rules of incardination and excardination, 90; rights and privileges, 91-94; obligations, 95-102; duties of life and conduct, 103-114; forbidden to promote dances for benefit of churches, App. III, 4, c; manner of procedure against clerics vio- lating the law of residence, see Residence, 2002-2007; for pen- alties, see Penalties, Ecclesias- tical. Cloister: see Enclosure. Coadjutor Bishop: granted only by the Roman Pontiff, rights of, 258; functions, 259; residence, 260; right of succession, 261. Code of Canon Law: to be text-book in Universities and Schools of Canon Law, App. ITI, 1. Coercion: penalties for unjust coer- cion to embrace clerical or religious life, 2207. College: effects of an interdict on college, 2115-2118; effects of sus- pension on individual members of a suspended college, 2126. Committee for Authentic Interpreta- tion of the Code: App. III, 2; App. Ali nen: Common Error: jurisdiction supplied by the Church, 161. 673 Common Life: in religious organiza- tions, 504. Communication: forbidden with an excommunicatus vitandus, 2108. Communication of Privileges: defi- nition, 529; in relation to confra- ternities and pious unions, 604. Communion, Holy: regulations for religious only directive, 507; in case of urgent necessity a priest of one Rite may give Communion in species of another, and faithful may receive at any time in any Rite, save as Viaticum, 747 and 765; obligation of natural fast, 709; exceptions in favor of the sick, 710; Communion of the faithful at mid- night Mass, 720, App. III, 33, d, the priest is the ordinary minister, but the deacon, with bishop’s or pastor’s permission for grave rea- sons, may also administer it, 743; before and after private Mass, 744; devotional Communion of the sick not reserved to the pastor, 745; administration of Holy Viaticum is right of pastor, 746; in urgent nec- essity Viaticum may be given in dif- ferent Rite, 747-748; Communion to be given only under species of bread, 749; admission of adults to Communion, 750; admission of children, 751-752, App. III, 33, a-b; who is not to be admitted, 753, App. III, 33, ¢; when Con- fession is necessary, 754; Com- munion may be received only once a day, except in danger of death or to save the Blessed Sacrament from irreverence, 755; dispensa- tion from the fast, 756-758; Easter Communion obligatory, 759-761; Communion of the clergy on Holy Thursday, 762; frequent and daily Communion, 763; obligation to communicate in danger of death, 764; Communion under various Rites, 765; days on which Com- munion may be given; to be given 674 only during hours when Mass is permitted, 766; during Mass priest may not go out-of sight of altar to give Communion, 767; Com- munion may be given wherever Mass may be said, 768. Community: effects of an interdict on a community, 2115-2118; ef- fect of suspension on individual members, 2126. Community Life: of secular clergy encouraged, 103; penalty for vio- lations in religious organizations, 2245. Complaint, Bill of: definition, 1669; requirements, 1670; acceptance or rejection by the court, 1671-1672. Compromise: election by, 131-132; as a means of avoiding civil trials, 1841; rules of the civil law of the place should be followed in com- promise, 1842; cannot be made in criminal cases, in matrimonial cases where there is a question of dissolving a marriage, or in matters pertaining to benefices, where there is litigation about the title itself to a benefice, unless a legitimate authority sanctions it, 18438; effect of a compromise is called a com- positio or a concordia; expenses to be borne equally by parties, 1844; compromise by arbitration 1845- 1848. Concelebration: forbidden save at the time of ordination of priests and consecration of bishops, 698. Concubinage: persons living in pub- lic concubinage not to be admitted to Holy Communion, App. III, 33, c; public or notorious concu- binage a source of the impediment of public propriety, 1074; clerics guilty of concubinage to be tried summarily, 1985; no appeal save to the Apostolic See for those con- victed by the Ordinary, 1986; man- ner of procedure against clerics living in concubinage, 2008-2011; INDEX cleric who keeps under his roof, or associates with a woman of sus- picious character to be admonished by his Ordinary, 2008; punishment of cleric who disobeys warning of the Ordinary, 2009; defense of such cleric, 2010-2011. Concursus: for the appointment of pastors, 333-334. Condemnatory Sentence: 25, Condemned Doctrines: penalty for defending, 2161. Conferences: diocesan, 100; in re- ligious houses, 500; absence from the diocesan conference to be pun- ished by the Ordinary, 2233. Confession: duty of clergy to con- fess frequently, 95; religious even of exempt orders may confess to any approved priest of the diocese, for sake of peace of conscience, 400; superior may not exact manifesta- tion of conscience, 409; Confession of novices, 469-470; novices have same rights as professed, 469; or- dinary and extraordinary confes- sors for novices, 470; religious shall confess once a week, 507; of mortal sins before saying Mass, 707-708; jurisdiction for Confes- sions of religious women 778; pre- cept of annual. Confession, 824; computation of the year for annual Confession, 825; Confession as a condition for gaining indulgence, 849; penalties for attempting to hear Confessions without faculties, 2222. See Confessors: Penance, Sacrament of. Confessors: in clerical religious or- ganizations, 399; ordinary and special confessors in houses of Sis- ters, 401, App. III, 18, g; extraordi- nary confessors of Sisters, 402-404; ordinary confessors of Sisters, 405— 406; confessors in laical religious organizations of men, 407-408; in seminaries, 1377; in the process meaning, INDEX 675 of beatification the confessor can- not be a witness to anything he knows from the confessional, 1920; in more urgent occult cases any confessor can, in the sacramental forum, suspend the obligation of observing a vindicative penalty late sententie, which would entail infamy or scandal, 2131. Confirmation: administration, bless- ing of the chrism, 680; priest may administer by special indult, but cannot bless the chrism, 681; min- ister, 682; extent of faculties of priests to confirm, 683; facul- ties of pro-vicars and pro-prefects Apostolic, 684; bishop may con- firm strangers in his own diocese, 685; confirmation of strangers by priests, 686; obligation of bishop to administer, 687; obligation to receive, 688; age for reception, 689; time and place of reception, 690; sponsors and their obliga- tions, 691; effect of change of law on sponsorship, App. III, 5, ¢; requisites for valid sponsorship, 692; requisites for licit sponsorship, 693; spiritual relationship, 694; record and proof of Confirmation, 695; App. III, 30; penalty for priests who attempt to administer Confirmation without faculties, 2221. sities, 200, App. III, 11, a, (4); for the Oriental Church, 201; juris- diction of the Congregation of Rites, 2. Consanguinity: lines and degrees, 73; as diriment impediment to matrimony, 1065; in the old Roman Law and in the United States, 1066; degrees, 1067; mul- tiple, 1068. Conscience, Marriage of: laws gov- erning such a marriage, 1135; obli- gation of secrecy on the part of priest who assists at such a mar- riage, 11386-1137; such a marriage to be entered only in special record, 1138. Consecration: of bishop, time of, 244; of sacramentals, reserved to bishop or inferior cleric who has faculty either by law or by Apos- tolic indult, 1188; of sacramentals, 1189; of places, reserved to the local Ordinary, 1192; bishop can- not delegate a priest to consecrate a place, though he may have an indult to delegate one for the con- secration of altars and chalices, 1193; only the local Ordinary may consecrate, even those places of exempt religious, 1195; record and proof of consecration, 1196; penalty for consecrating a bishop without the papal mandate, 2226; penalty for bishop-elect who neg- glects to receive consecration in due time, 2254. See Church. Consent, Matrimonial: may not be renewed before a non-Catholic Confraternities: see Associations and Pious Unions. ; Congregations, Religious: see Re- ligious. Congregations, Sacred: President of, 190; of the Holy Office, 191; Con- sistorial, 192, App. ITI, 11, a, (3); of the Sacraments, 193, App. III, 11, a, (2); of the Council, 194, App. ITI, 11, 1, (3); of Religious, 195, App. ITI, 11, a, (1); App. ITI, 11, b; of the Propaganda, 196; of Sacred Rites, 197; Ceremonial, 198; for Extraordinary Affairs, 199; of Seminaries and Univer- minister, 1042; definition and free- dom of matrimonial consent, 1079; presupposes knowledge of the ob- ject of the marriage contract, 1080, App. III, 42, a; error vitiating consent, 1081; knowledge or opin- ion of the nullity of marriage does not necessarily exclude consent, 1083; presumed in law to be in harmony with the nature of the 676 INDEX contract, 1084; vitiated by force and fear, 1085-1088; to be given in each other’s presence, 1089; may not be given by letter, 1090; may be given by proxy; may be given by signs for those who are unable to speak, 1091; also through an interpreter, 1093; conditional consent, 1094-1097, App. ITI, 42, c; presumed to be present until the opposite is proved, 1098; renewal in the revalidation of marriage, 1177-1179. Consistorial Congregation: duties, 192. Conspiracy: penalty for conspiracy against the authority of the Roman Pontiff, his legatees or own proper Ordinary, 2184. Constitutions: religious obliged to comply with, 503. Constitutive Blessings: 1189. Consultors: election in a prelacy nul- lius, 239. Consultors, Diocesan: to be ap- pointed where there is no Chapter of Canons, requisites, 307; term of office, 308; are the council of the bishop, and may not be removed save for a just cause, 309; meetings, when consent is needed, and when advice, 310; they elect adminis- trator, 314-315; qualifications, 316; duties, which are incompatible with duties of religious life, 540. —, Parochial: appointment and duties, 284. Contempt of Court: when judge may declare one guilty of contempt, 1768-1769; when one who fails to answer a summons may be de- clared guilty, infliction of punish- ment, 1770-1773; contempt by plaintiff, 1774-1775; one guilty of contempt must be condemned to pay the cost of the trial in so far as his obstinacy was the cause of the expenses, 1776. general definition, Contracts: made by religious organ- izations, 420-425; the civil law is to be observed in regard to con- tracts and payments of all kinds, unless it is contrary to divine law or Canon law rules otherwise, 1522; invalid alienation of ecclesiastical goods cannot be validated by local Ordinary, App. III, 59, d; court of place of contract has Jjurisdic- tion if defendant stays in place, Appell ol, op: Converts from Heretical Sects: im- peded from ordination, 949; not barred from religious life, 433, App. III, 21, b. Codperators: liability in offenses, 2040; plotters are, as a rule, all equally guilty, 2041; the man- dans is principal author of the offense, 2042; limited liability, 2043; negative codperators, 2044; liability for offense after its com- mission, 2045; all are jointly and severally obliged to pay expenses and repair damage, 2047; pen- alties, 2071. Corpus Christi: processions on feast, 1314. Corpse: 2181. Correspondence: regulation of cor- respondence of religious, 527. Council, Congregation of the: 194. Council, General: must be convoked by the Roman Pontiff, 173; per- sons to be called, 174; right of proxy, 175; permission to leave, 176; proposal of questions, 176; decrees to be confirmed by the Roman Pontiff, 177; jurisdiction, 177; no appeal from Roman Pon- tiff to a General Council, 177; automatically suspended by the death of the Roman Pontiff, 177. Council, Plenary: persons to be called, 216; voting, 220; business 221. —, Provincial: time, place and con- vocation, 217; persons to be penalty for violation of, yt ee INDEX called, 218-219; voting, 220; bus- iness, 221. Councillors: of religious superiors, 393-395; number, 393; when con- sent is required, 394; when advice is required, 395. Counter-actions: 1653-1655. Crime: irregularities arising from crime, 933; the impediment of crime in matrimony, 1062; imped- iment verified in adultery with at- tempted marriage after a civil di- vorce, 1063; verified in the killing of the spouse, 1064. Criminal Trials: offenses subject to criminal procedure must be public offenses, procedure, 1849; action of accusation and denunciation, 1850-1852; the investigation, 1853- 1857; 1858-1863; the criminal prosecu- tion and the summons of the of- fender, 1864-1865. See Trials. Christmas: Midnight Mass and Holy Communion, 720, App. III, 33, d; holyday of obligation, 1274. Cult: of the Blessed Virgin, saints, sacred images and relics, 1304- 1311; only those may be venerated with public cult who have been in- serted in the official list of the saints or beati, 1304. Cult, Disparity of: see Disparity of Cult. Cumulatio Facultatum: now con- ceded by the Code with a general indult to dispense from one or more impediments, 1021-1022. Curia, Roman: constitutive mem- bers, 187; rules, 188; controver- sies, 189; Tribunals, 202-203; Of- fices, 204-207. —, Diocesan: personnel, their nom- ination, oath of office, 266. Customs: immemorial customs re- main unless explicitly rejected by the Code, but ordinary customs contrary to the laws of the Code are abolished, 5; to become law, cus- rebuke of the offender, 677 toms need the consent of the legis- lator, 19; who can introduce cus- toms, 19; abrogation of customs, conditions for customs contra jus and preter jus, 20; position of the subjects with regard to customs, 21. Daily Communion: urged upon all, 763. Danger of Death: baptism in such a case, 635, 653; necessary condi- tion for reception of Extreme Unc- tion, 861-863; power of local Or- dinaries and pastors to dispense in matrimonial matters in danger of death, 1011-1013, App. III, 41, a; assistance of excommunicated min- ister in danger of death, 2103. Dances: priests forbidden to pro- mote them for benefit of churches and other religious purposes, App. ITI, 4, e. Datary, Apostolic: duties, 205. Day, Liturgical: 23. Dead, Mass for the: 711-712. Dean: office, 321; rights and duties, 322; visitation, 323; conferences and yearly report to the bishop, 324. Death, Presumed: proof of presump- tion, 1025, 1051, App. III, 41, d. Death Sentence: cause of irregular- ity, 931. Declaratory Sentence: meaning, 25. Decrees: particular or general, ap- plication, 9; collections may be published only with permission of the respective congregations, 1404. Defensor Vinculi: duties as defender of the marriage bond and of the validity of ordination, 1575; acts of cases invalid if he is absent when presence is required, 1576; same person may not be defensor vinculi and prosecutor in the same case, 1577; may not act in any case in which he is interested in virtue of consanguinity, affinity, guardian- ship, trusteeship, or friendship, 678 INDEX 1593; his right to appeal, 1801; duties in marriage cases, 1874; rights in marriage cases, 1875; may raise justified objections to proofs offered in matrimonial cases, 1888; has the right to be heard last in matrimonial cases, 1889; his opin- ion together with that of the bishop to be forwarded to Apostolic See in cases to establish non-consumma- tion of a valid marriage, 1890; must appeal from the first sentence which declares for the nullity of marriage, 1891; if defensor vin- culi of second court conscientiously believes no appeal should be made, the parties are free to marry, 1892; must be consulted by the Ordinary in declaring for nullity of a mar- riage by reason of some impedi- ment that cannot be contradicted, 1895. Degradation: definition and impo- sition, 2146. Delegate, Apostolic: ordinary duties and powers, 208; faculties, App. IV. Delegated Jurisdiction: 149-163. See Jurisdiction, Ecclesiastical. Delegation: in marriage cases, 1103- 1108, App. III, 48, a-b; of speci- fied priest for marriage, 1104, App. III, 48, c. Denunciation: false denunciation; the only sin which, as sin, is re- served to the Holy See, 805; obli- gation of denouncing soliciting priest, 805; penalties for false de- nunciation, 805. Departure, Hlegal (from a religious organization): see Apostacy from Religion and Fugitive from Relig- ion. Deposition: definition and effects, 2144; deposed cleric who shows no signs of amendment is to be de- prived forever of right to wear cler- ical garb, 2145. Deprivation of Office: 147. Desecration: of churches by certain crimes, 1211-1213. Dimissorials: who may issue, 897; rules governing issuance and pres- entation, 898; repeal of privilege to ordain without dimissorials, App. ITI, 38, a; to whom may they be addressed, 899; limitation and revocation, 900; superiors of ex- empt religious may issue dimis- sorials, 902; penalty for unlawful issuance during vacancy of bishop- ric, 2265. | Diocesan Archives: seé Archives. Diocesan Consultors: see Consul- tors, Diocesan. Diocese: divided into parishes, 167; divided into vicariatus foranei, decanatus and archipresbyteratus, 170; loss of proper diocese by religious profession, 494. See Domi- cile. Diriment Impediments: see Impedi- ments to marriage. Dismissal (from religious organiza- tion): ipso facto, 564; dismissal of religious in temporary vows by supreme head of the organization, 565, App. ITI, 27, a; conditions of dismissal, 566; dismissal in case of insanity during temporary vows, App. ITI, 27, d; effects of dismissal on the vows, 567; dismissal of re- ligious with perpetual vows in non- exempt and laical organizations, 568; of religious women, 569; causes of dismissal and who may dismiss, 569; dismissal in case of great scandal, danger or harm to the community, 570; trial for dis- missal of religious with perpetual or solemn vows in clerical exempt organizations, 571; prerequisites of trial, 572; admonitions and failure of amendment, 573; conditions of canonical trial, 574; immediate dismissal in case of scandal or harm to the community, 575; dismissal of religious in perpetual vows, 576; : INDEX 679 effects of dismissal on cleric in major orders, 577; dismissal of members of individual societies, 580, App. III, 27, b-c; dismissal of members of associations and socie- ties, 591. Disobedience: penalty for disobedi- ence to orders of the Roman Pon- tiff or of the proper Ordinary, 2184. Disparity of Cult: a diriment imped- iment to marriage, which affects Catholics, but not non-Catholics since May 19, 1918, 1052-1054; promises exacted from those enter- ing matrimony with dispensation, 1055-1057; assistance of priest when promises are refused, App. ITI, 3, g. Dispensation: who may grant it, 58; power of bishops and local Ordinar- ies to grant, 59; power of pastors, 60; reason required for dispensa- tion, 61; interpretation of dispensa- tion, 62-63; cessation, 63; dis- pensation from common law by bishop does not affect obligations of religious arising from the rule or constitutions, 535; tax for dis- pensations in marriage to be fixed by local Ordinary, 631; who may grant dispensations from irregu- larities, 953; power of ordinaries of exempt religious to grant dis- pensations, 954; power of con- fessors, 955; application for dis- pensations from irregularities and impediments, 956; who may grant dispensation from publication of banns of matrimony, 998; power of local Ordinaries and pastors to grant dispensations from matri- monial impediments in danger of death, 1011-1013; dispensation from impediments in casu per- pleco, 1014-1017; when petition for dispensation has been sent to the Holy See, local Ordinaries may not make use of their faculties, save for serious reason, 1019; dis- pensation given in the sacramental forum may not be recorded, 1020; interpretation of legal power of cumulatio facultatum, 1021-1022; dispensation from impediments and for legitimation of offspring, 1023; mistakes about impediments in ap- plication for dispensation, 1024; dispensation from the matrimonium non consummatum includes dispen- sation from impediment of crime committed by adultery with prom- ise or attempt to marry, 1025; mistake and fraud in application, 1026; execution of dispensation granted by the Holy See, 1027; fees for dispensations, 1028; Papal indult to be mentioned in dispen- sations granted by delegated power, 1029; dispensation from solemn religious vow of chastity is reserved to the Holy See, but in danger of death pastor and other priests may dispense, 1060; dispensation from laws of observance of holydays of obligation, and of fast and absti- nence may be granted by bishops and also by pastors and religious superiors in individual cases, 1272. Divine Office: obligation of choral recitation in religious institutions, 525-526. Divine Offices: definition, 2099; as- sistance of excommunicated persons at, 2101; offices permitted during a general local interdict, 2112. Domicile: persons who have a domi- cile or quasi-domicile in a dio- cese are bound by its particular laws, 12; domicile of infants, 67; of adults, 68-72; how domicile is lost, 72; domicile as a means of determining proper bishop, 888- 892; domicile of a religious, 904; how domicile is acquired in a parish for the purpose of marriage, 1112; by domicile or quasi-domi- cile one becomes subject to the local Ordinary, and can be cited to 680 INDEX his tribunal, though actually absent from the diocese, 1553; married women cannot acquire proper dom- icile distinct from husband’s, App. TII, 6; change of domicile does not relieve from penalty incurred for violation of diocesan law, 2065. Domus: definition of domus regu- laris, 365; definition of domus re- ligosa and formata, 365. Donation: made by religious, 424- 425; by donation, blessed articles do not lose their indulgences, 840; powers of prelates and rectors con- cerning donations made by or to the Church, 1528; donations to rectors of churches, and to rectors belonging to religious communities are presumed given to the Church, and may not be refused without permission of the Ordinary, 1529- 1530. Doubt: in positive and probable doubt the Church supplies juris- diction, 161-162. Doubtful Laws: lose binding force, 13. Dowry: of religious organizations of women, 448; acquisition of, 449; investment: of, 450; return of, 451; penalty for failure to keep dowry intact, 2268. Drives: permission necessary to hold, 536. Dubium Facti: Ordinary may dis- pense in such a case, 13. Duel: penalties for those engaging in or assisting at, 2206. Duties of the Clergy: community life encouraged, 103; the Canonical Office, 104; of dress and tonsure, 105; forbidden to go bail or be surety, 106; games of chance, car- rying weapons and hunting, 107; with regard to secular business, 108, 109, 113; public offices, 110; attendance of theatrical perform- ances, 111; military service, 112; absence from diocese, 114; penal- ties for unlawful desertion of duties by clerics, 2255. Easter Communion: time and obliga- tion, 759-761. Ecclesiastical Offices: see Offices, Ecclesiastical. Economus: see (conomus. Egress: of religious subject to Papal enclosure, 521; from a religious organization, 551-580; general principles, 551; who may with- draw, 552; exclaustratio and secu- larizatio, 553; of support of one who has withdrawn, 554; return, 554; effects of indult of seculariza- tion, 555, App. III, 26; refusal of secularization, 556, App. III, 26; secularization of religious in major orders, 557-558; offices forbid- den secularized religious, 559; ef- fects of secularization, dismissal and voluntary departure in refer- ence to temporal goods, 560; ille- gal egress, fugitives, and apostates, 561-562; penalties against apos- tates and fugitives, 563. See Dis- missal (from religious organiza- tion). Election: of the Roman Pontiff, 123; by chapters of religious communi- ties, 123; by a college, 124; convo- cation of voters, 125; right of suf- frage, 126-128; manner of voting, 129-130; by compromise, 131-132; result of election, acceptance and renunciation, 133; assumption of office, 134; right of renunciation, 135; confirmation of election, 136; no election, 187; removable impedi- ments to election, postulation, com- promise, 138; postulation on third ballot, 139; confirmation of postu- lation, 140; rejection and accept- ance of postulation, 141; election of major superiors, 383-385; election of the Supreme Pontiff valid though obtained through simony, to re- INDEX 681 move pretext for attacking validity of election, 620; history of elec- tion of bishops, 885, 886; penal- ties for offenses committed in elec- tion of the Supreme Pontiff, 2183; penalties for molestation of voters in canonical election, 2246; offenses committed in election, 2247; pen- alty for simony in election, 2248; penalty for abuse of right of elec- tion, 2249. Employers: bound to pay just wage, and to promote temporal and spir- itual welfare of their workingmen, 1517. Enclosure: obligation of Papal en- closure, 509; persons forbidden entrance, 510; who may enter en- closure of nuns, 511; entrance to gardens, etc., 512; enclosure in schools of nuns, 513; penalties for violation of enclosure, 514-516; conditions of entrance, 516; extent of obligation of enclosure of nuns, 517, App. ITI, 18, f, App. ITI, 23, a; permission to visit nuns, 518; pro- tection of enclosure of nuns, 519; enclosure of religious houses of congregations of Papal and dioce- san law, 520; duties of custodians of enclosure, 521; egress of those subject to enclosure, 521; penal- ties for violation of the law of en- closure, 2197. Engagement, Marriage: nature, 982; acquires no force unless made ac- cording to law, 983, 985; formali- ties and witnesses, 984; reasons for breaking engagement, 986; break- ing of engagement no impediment to marriage, 987, App. ITI, 39; who may make an engagement, 988; injured party may sue for damages in case of unlawful breach of prom- ise, 989; force of the changes of the law on engagements, App. III, 5, ¢c. Epilepsy: as a canonical irregularity, 928. Episcopate: religious raised to this dignity, 541. Episcopal Consecration: reserved to the Roman Pontiff, 885 Erection: of religious organizations, provinces and houses, 3868-376; of religious associations, 583-587; of pious unions and sodalities, 600, 603. Eucharist: definition, 696; Holy Mass, 697-742 (see Mass); as a sacrament, 7438-768 (see Com- munion); must be guarded, not necessarily by a priest, 1293; churches in which the Eucharist may be kept, 1292-1296, App. III, 51,a and b; must be kept in an im- movable tabernacle, 1297; suf- ficient number of particles shall always be kept for Communion of the sick and the faithful, 1298; cult of the Eucharist, 1300-1303; re- ligious teachers must promote veneration for the Eucharist, 1301; exposition of the Eucharist, see Exposition, 1302-1303. Examination: after ordination, 99; for candidates to office of pastor, 333-3835, App. III, 16, a; by the bishop of candidates for admis- sion into religious organizations of women, 452; of religious priests, 499; necessary for jurisdiction in the Sacrament of Penance, 779- 780; of candidates before ordina- tion, 961; newly ordained priest who refuses to take yearly exam- ination to be punished by the Ordinary, 2232. Examiners, Synodal: appointment and duties, 284. Exarch: see Primate. Excardination (of clerics); necessary papers, vicar-general may not grant papers without special mandate of his Ordinary, 88; by religious pro- fession, 89; rules governing ex- cardination, 90. See Domicile. Exclaustration: definition, 551; con- 682 ditions of indult of exclaustration, 553; obligations of exclaustratus, 554. See Egress. Excommunication: definition of ez- communicati vitandi and tolerandi, 2100; what is forbidden to excom- municatt, 2101; excommunicati and reception or administration of Sac- raments and sacramentals, 2102- 2103; deprivation of other spiritual favors, 2104; concerning jurisdic- tion of the excommunicated, 2105; deprivation of rights, ecclesiastical dignities, offices, benefices and or- dination, 2106-2107; faithful for- bidden civil communication with excommunicatus vitandus, 2108; ex- communication incurred zpso facto by apostates, heretics, and schis- matics, 2155-2158; excommunica- tion of those suspected of heresy, 2159-2160; of those who defend condemned doctrines, 2161; of au- thors and publishers of books of apostates, heretics or schismatics, 2162-2164; of authors and pub- lishers who publish books of the Sacred Scriptures, or annotations and commentaries without ap- proval of competent authorities, 2165; excommunication late sen- tentie incurred by marriage before a non-Catholic minister, and by non-Catholic baptism and educa- tion of the children, 2166-2169. Excommunicatus Vitandus: if such a person has been buried in a sacred place, body is to be ex- humed with permission of the bishop and interred in a place not blessed, 1270; conditions necessary to render one a vitandus, 2100. Ex Delicto, Irregularity: definition, 942. See Impediments to Marriage and Impediments to Ordination. Execution of Dispensations: dispensa- tions granted by the Holy See are executed by the Ordinary or the petitioners, according as the im- INDEX pediment is public or occult, 1027. Executioner: he and assistants incur irregularity, 932. Exemption: privilege of, 378; from choir of religious students, 498; privilege of regulars, 531; author- ity of local Ordinary over exempt religious, 532; organizations with simple vows do not enjoy exemp- tion, 533. Ex Informata Conscientia, Sus- pension: manner of procedure in infliction and power of the Ordinary to inflict it on his subjects, 2015; issuance of the decree requires no formalities, 2016; content of the decree and its conditions, 2017; substitute to be appointed for the one suspended from any office, 2018; conditions under which Suspension can be inflicted, 2019; ordinarily inflicted only for an occult offense, 2020-2021; bishop need not make known to the cleric the cause or offense for which he is suspended, 2022; in the case of recourse to the Holy See, Ordinary must forward proofs, but recourse does not suspend effect of the pen- alty, 2023; power of Ordinaries of religious to inflict suspension, 2024. Exorcisms: minister must have spe- cial and explicit permission from the Ordinary before pronouncing exorcisms, which may be _ pro- nounced also over non-Catholics, 1191. Explicit and Implicit Content: ap- plication to the laws of the Code, 6. Exposition: rules governing Exposi- tion of the Blessed Eucharist, 1032, App. ITI, 51, e. Extraordinary Affairs, Congregation for: 199. Extraordinary Confessor: in religious communities of women, 401, 405- 407, 2270, App. ITI, 18, g; in semi- naries, 1377, See Confessors. | ; . INDEX 683 Extreme Unction: see Unction, Ex- treme. Faculties: habitual, bishops’ do not lapse with loss of office of Ordi- nary, but are transmitted to suc- cessor, and also belong to vicar- general; those ordinarily enjoyed, 49, 256; faculties which the Code gives to bishops for indulgencing religious articles cannot be dele- gated, App. III. 9; new formula of faculties of bishops, App. V; facul- ties of bishops in the United States regarding alienation of ecclesias- tical goods, 418-419; penalties for those who without faculties at- tempt to hear confessions, 2222. Fast: natural fast must be observed before saying Mass or receiving Holy Communion, 709; excep- tions in favor of the sick and mis- sionaries, 710, App. III, 31, a-b; dispensation from the fast and those whom it avails, 756-758; days of fast and abstinence for the Universal Church appointed ex- clusively by the Holy See, 1271; power of bishop, pastor and re- ligious superior to dispense from fast, 1272; reckoning of time of fast, 1273; law of fast, 1276- 1277; days of fast and abstinence, and of fast only, 1278-1279; who is bound to fast, 1280; particular laws on fast contrary to Code abolished, App. ITT, 3, h; on days of fast only, meat may not be eaten more than once a day, App. III, 50, a; persons not obliged to fast may eat meat several times a day on days of fast only, App. III, 50, b; if a vigil with fast falls on a Sun- day, the fast is not anticipated on Saturday, App. ITI, 50, d; if a holy day of obligation falls in Lent, the fast and abstinence do not cease, App. ITI, 50, e; penalty for break- ing the fast before Mass, 2172. Fenians: Fear: marriage entered into through grave fear is invalid, 1085-1088; the remission of a penalty extorted by grave fear or violence is invalid in law, 2078. Feasts: indulgences attached to, 837; transfer of feasts and indulgences, 838; feast days, see Holydays of Obligation. Fees: rules regarding fees in issuing dispensations, 1028; marriage fees belong to proper pastor of con- tracting parties when another with- out necessity witnesses the cere- mony, 1117; funeral fees to be regulated by the bishop, 1263; proper pastor has right to share of fees if funeral is held in another parish, 1264-1265; fees for acts of voluntary jurisdiction to be fixed by the Provincial Council, or by bishops in convention, and ap- proved by the Holy See; the local Ordinary may demand only a small offering for matrimonial dispensa- tions, and may fix the fees for funeral services, 1496; for other fees see Stipends. membership forbidden under pain of excommunication, 2188. Ferende Sententice: meaning, 25; definition of penalties ferende sen- tentie, 2052; circumstances which excuse from such penalties, 2053; imposition of such penalties, 2057; rules for the application of such penalties, 2059; may be inflicted by special precept, 2061; ignorance does not excuse from such penalties, 2068; children not immune from such penalties, 2070; can be re- mitted only by the court that im- posed them or the Ordinary to whose court the case came by ap- peal, 2077. Field Mass: limited authority of bishops to permit, App. ITI, 31, g. Financial Report: see Report, 417. 684 INDEX Fines: pecuniary fines imposed by common law for which no special purpose is specified must be used by the local Ordinaries for pious purposes, 2138. Flags: their admission into church, 1262, App. ITI, 46, a. Flight (from religious life): penalty, 2242. Flowers (placed on graves): App. IIT, 48, b. Force: marriage entered into through force is invalid, 1085-1088; mar- riage which pastor or local Ordinary is constrained by force or grave fear to witness, is not valid, 1100 and 1102; liability for acts done under force or fear, 2037. Forgery: penalties for forgery of Papal documents, 2215; penalties for forgery of ecclesiastical docu- ments and records, 2217. Form, Canonical (of the marriage con- tract): definition, 1099; persons bound to this form of marriage, 1125-1128. Forty Hours, Devotion of the: 1303. Forum: privileged forum of the clergy, 92; competent forum in trials, 1549-1560, App. III, 61; penalties for violation of the eccle- siastical forum, 2196. Founders (of religious organizations): perpetual superiorship, App. III, 18, f. Foundations: definition of pious foundations, 1537; permission of the local Ordinary required for acceptance, 1538; investment of funds, 1539; acceptance to be made in writing, 1540; in churches of exempt religious major supe- rior has charge of foundations, 1541; reduction of obligations reserved to the Holy See, sup- pression and changes of, App. III, 60, a; obligations of founda- tions cannot be accepted without consent of the proper Ordinary, 1542; restricted authority of the Ordinary to reduce the obligations, 1543, App. III, 60, b; faculties of bishops in the United States with regard to reduction of obliga- tions, 1544. Franciscans: title of property held by them is in the name of the Holy See, 410; rules of transfer of mem- bers of Third Orders of St. Francis, 598. Fraud: penalties for fraud in petition for rescripts, 2216. Freemasons: marriage of Catholic with Freemason to be referred to the Ordinary, 1044; penalties for joining this and similar societies, 2188; absolution of members of forbidden societies, 2189; what societies are forbidden without ex- communication, 2190. Free State (of parties to be married), 991-993, App. III, 40. Free-will Offerings: of the faithful can serve as an endowment of a benefice as long as the bishop is morally certain that they will be sufficient, 1428. Fugitive from Religion: definition, 561-562; penalties, 563. Functions: penalty for usurpation of priestly functions, 2173-2175. Funeral Services: the local Ordinary may fix the fees, 1496. See Fees. Garb, Clerical: varies in different countries, 105; garb of religious in the United States, 508; forbidden to laymen, 581; street garb of priests in the United States, 700; deprivation of right to wear eccle- siastical garb as a penalty for grave scandal which one does not amend when admonished, 2141, 2145; penalty for discarding the clerical garb, 2235. . General Absolution (as distinct from the Papal Blessing): privileges of the Third Orders, 832. Ta . on Ta See Va, Ee 7 : . INDEX 685 Good Templars, Independent Order of: forbidden society, 2190. Goods, Temporal: right of religious organizations to acquire, 410; territorial laws concerning, 411; administration by superior, 412; investments, 413; alienation, 414— 416; report to the local Ordinary, 417; alienation in the United States, 418-419; report to regu- lar superior of nuns, App. III, 19; report of Papal organizations to the Holy See, App. III, 20; contracts made by religious, 420— 423; donations made by religious, 424—425; temporal goods of novices during novitiate, 473; before profession, 474, App. III, 21, h; in organizations with solemn vows, 475, 489; temporal goods of pro- fessed religious, 488-492; of sol- emnly professed religious, 490-491; of simply professed, renunciation forbidden in communities with simple vows, last will and testa- ment, 492; temporal goods of re- ligious who leave their organization, 560; administration of temporal goods of churches, 1220; adminis- tration by clerics and laymen, 1221; duties of administrative council (Board of Trustees, in the United States), 1222; right of the Church to acquire and possess temporal goods, 1487; definition of ecclesias- tical goods, 1488; acquisition of ec- clesiastical and personal property, 1489; division of goods when the territory of an ecclesiastical person is divided, 1490; goods of legal per- son that ceases to exist, 1491; tithes for the support of the Church, 1492; collection of alms subject to permission of the Apostolic See, or proper Ordinary and local Ordinary, 1493; power of taxation of local Ordinary, cathedraticum, 1494, App. ITI, 58; power of bishop to levy extraordinary taxes, 1495; fees for acts of voluntary jurisdic- tion, matrimonial dispensations, and fees for funeral services, 1496; acquisition of ecclesiastical goods by prescription, 1497; what goods and rights are not subject to pre- scription, 1498-1502; special rules on prescription of ecclesiastical goods possessed by legal persons and by the Apostolic See, 1503- 1504; conditions for valid pre- scription, 1505; whoever has right by natural and_ ecclesias- tical law to freely dispose of his goods may relinquish them in favor of religion or charity by donation or last will, 1506; will of the faithful to leave their goods by donation or last will to religion or to charity is to be faithfully exe- cuted, 1507; Ordinaries are execu- tors of all donations and bequests to religion or charity, 1508; cleric or religious who receives goods by donation or last will in trust for pious causes must notify the Ordi- nary, 1509; goods left to religion or charity in the diocese are under the supervision of the local Ordinary, save those left in favor of exempt religious of clerical organizations, 1509; reduction, commutation and mitigation of last wills is reserved to the Holy See, but local Ordinary has some power in this regard, 1510; administration of ecclesiastical goods, 1511-1522; title of goods, 1511; duty of local Ordinary to supervise administration of eccle- siastical goods in his territory, 1512; members and duties of diocesan board of administration, 1513; other diocesan administra- tors of goods, pastors, 1514; duties of board of administration, 1515- 1516; employers must pay work- ingmen just wages, 1517; all ad- ministrators to make yearly finan- cial statement to the local Ordinary, 686 1518; administrators may not in- stitute lawsuits without consent of the local Ordinary, 1519; for ex- traordinary acts administrators must obtain permission from the local Ordinary, 1520-1521; eccle- siastical contracts to be made in accordance with civil law, 1522; rules governing alienation of eccle- siastical goods, 1523-1524, App. ITI, 59, a-d; permission for alienation required and limitations imposed, 1525; advantageous and disad- vantageous contracts, 1526; de- fense of the Church against unlaw- ful alienation, 1527; donations by or to the Church, 1528-1530, App. III, 59, e; loans, pledges, mort- gages and debts, 1531; sale and ex- change, 1532-1533; sale and lease of real estate, 1534-1536; interest on loans, 1536; pious foundations of temporal goods and ensuing ob- ligations of saying Mass, see Foundations; penalties for infring- ing on the goods and rights of the Roman Church, 2200; penalties for those usurping and detaining temporal ecclesiastical goods, 2201; penalties for illegal alienation of ecclesiastical goods, 2202; penalty for unjust withholding of goods from pious institutes, 2203. Graves: violation of, 2181. Habit: of novices, 461; wearing of the religious habit, 508; custom of wearing habit of Third Orders and Confraternities, 601. Hebdomadarian: in Chapter of Can- ons, App. ITI, 15, 1. Heresy, Suspicion of: those pro- moted, or who promote to orders through simony are guilty of, 2227; penalty, 2159. Heretics: definition, 1346; baptism of children of heretics, 644; valid- ity of orders of heretics, 881; they incur irregularity, 934; communi- INDEX cation forbidden with heretics in divine worship, 1284; penalties, 2159-2160, App. III, 78. Holydays of Obligation: appointed by the Holy See exclusively for the Universal Church, 1271; holydays may be appointed by bishops only per modum actus, 1271; power of bishop and pastor and of religious superiors to dispense from obliga- tion, 1272; time of obligation from midnight to midnight, 1273; holy- days of the Universal Church; ex- cept where special arrangement has been made by the Holy See, par- ticular laws on holydays abclished, App. III, 3, i; holydays to be ob- served in the United States, 1274; obligation of hearing Mass and resting from servile work, 1275; judicial acts on holydays forbidden but not invalid, 1616. Holy Office, Congregation of the: general duties, 191; proceeds in trials according to its own laws, 1548; cases of the Pauline Privi- lege reserved to it, 1868; also the impediments of disparity of cult and mixed religion, 1869. Holy Oils: See Oils, Holy. Holy See: meaning of the term, 7; benefices which are reserved to it, 1446; its power to reduce, mitigate and commute last wills for just and necessary cause, 1510; censures are reserved to it simpliciter, spe- cialt_ modo, or specialissimo modo, 2086; censures reserved to it may not be reserved also by the Ordi- nary, 2088; it alone can issue a gen- eral local interdict, and a personal interdict on the people of a diocese or state, 2110. Hospitals: jurisdiction of hospital chaplains in marriage cases, 1101; power of the local Ordinary to erect hospitals, 1482; foundation and administration, 1483; bish- op’s right of visitation, 1484; bish- INDEX 687 op’s rights in hospitals which are exempt by Apostolic privilege, 1485; bishop’s duty to see that the intentions of the founder are fully complied with, 1486. Hosts: must be of wheaten flour and fresh, 717, 1300, App. III, 31, ¢; leavened or unleavened, 718; must be fresh and renewed frequently, 1300. Hunting: venatio clamorosa forbidden to clerics, 107; quiet hunting may be forbidden by bishop, App. III, reget Ignorance: of invalidating or inhabil- itating laws does not excuse from invalidity of the actions, 14; does not excuse from irregularities and impediments, 951; ignorance of the law lessens imputability, 2034; ignorance and other mental condi- tions as an excuse from penalties, 2068-2069; absolution from cen- sure and sin given in ignorance is valid, save in cases ab homine, and those reserved to the Apostolic See specialissimo modo, 2088. Illegitimates: are irregular whether the fact is public or occult, 925; persons included under the term, 926. Images: rules governing their expo- sition for veneration of the faithful, 1306; repair and_ preservation, 1307; special rules concerning im- portant images and relics, 1308; images not in accord with the mind of the Church are forbidden, 1414. Immigration: of priests from Europe and Mediterranean countries to America and the Philippine Islands, App. Ul, 7b; Impedient Impediments: pediments to Marriage. Impediments to Marriage: former laws abolished, force of the changes in the law, App. III, 5, c; some sub- ject to the Holy Office, 191; some see Im- subject to the S. Congregation of the Sacraments, 193; the faithful have the obligation to make known impediments, 997; obligation of pastor to make investigation, 1107; procedure when doubt as to an impediment arises dur- ing proclamation of the banns, 1000-1001; definition and kinds of impediments, 1006; public and occult impediments, 1007; new concept of impediments, 1008; authority of the Church to estab- lish impediments, 1009; diriment impediments of minor degree, 1010; who may grant dispensation in danger of death, 1011-1013, App. III, 41, a; dispensations in casu perplexo, 1014-1016; record of dis- pensations granted by pastor and other priests, 1017; dispensations granted in the internal forum, 1018; petitions for dispensations sent to the Holy See, 1019; dispensa- tions in the sacramental forum can- not be recorded, 1020; delegated power to dispense, 1021-1022; dis- pensations from impediments and legitimation of offspring, 1023; mistakes or fraud in application for dispensation, 1024, 1026; explana- tion of impedient impediments, 1030; vow of virginity, 1031; vow of perfect chastity, 1032; vow not to marry (celibacy), 1033; vow to receive Sacred Orders, 1034; vow to embrace the religious life, 1035; dispensation from the impediment of these vows, 1036; impediment of legal adoption, 1037; adoption in the United States, 1038; impedi- ment of mixed religion, 1039; promises to be made by the parties in mixed religion, 1040; promises a conditio sine qua non, 1041; diri- ment impediments, distinction in divine and ecclesiastical law, 1046; age, 1047; age in the various states, 1048; impotency, 1049; existing 688 INDEX bond of marriage, 1050-1051; of disparity of cult, 1052; ‘‘ baptized in the Catholic Church,” explana- tion of the term, 1053; doubtful baptism considered valid in con- nection with impediment of dis- parity of cult, 1054; dispensation from impediment of disparity of cult, 1055-1057; impediment of major orders, 1058-1059; of sol- emn religious profession, 1060; of abduction, 1061; of crime, 1062- 1064; of consanguinity, 1065-1068, App. ITI, 41, e; of affinity, 1069- 1072; of public propriety, 1073- 1074; of spiritual relationship, 1075-1077; of legal relationship, 1078. See Dispensation. Impediments to Ordination: 943- 950; those simply impeded, 943; children of non-Catholic parents, 944, App. III, 38, d; married men, 945; offices and duties incompati- ble with the clerical state, 946; slaves, 947; men liable for mili- tary service, 948; converts, 949; loss of good reputation, 950. Implied Jurisdiction: in the Sacra- ment of Penance, 782. Imposition of Hands: in Confirma- tion, 680. Impotency: diriment impediment to marriage, 1049. Incardination: of clerics, 87; neces- sary papers, vicar-general may not grant papers without special man- date of his Ordinary, 88; implied incardination, 89; rules governing incardination, 90; of secularized religious, 558; manner of incar- dination, 892-893; letters of in- cardination, 894 incardination into religious community, 895. Indulgences: faculties of Cardinals, 184;.use and concession subject to the Sacred Penitentiary, 202; con- cession and power of the Church to grant indulgences, 828; Roman Pontiff and those to whom he gives faculties may grant, 829; limit of power of persons inferior to Roman Pontiff, 830; faculty to give the Papal blessing, 831; Papal bless- ing distinct from the general abso- lution, 832; indulgence of privi- leged altar, 833-834; new indul- gences may not be published with- out the permission of bishop, 835; those granted by the Roman Pon- tiff to be submitted to the S. Peni- tentiary, 836; those attached to certain feasts, 837; transfer of feasts and indulgences, 838; time for gaining, 839; cessation of in- dulgences attached to churches and religious articles, 840, App. III, 3, €; conditions for gaining indul- gences, 841-842; for gaining ple- nary and partial, 848; indulgences granted by bishops, 844; plenary indulgences can be ordinarily gained only once a day, 845; totes quoties indulgences, 846; religious may gain indulgences in their own church or oratory, 847; applica- tion of indulgences to others, living and dead, 848; Confession and Communion as conditions, 849; good works prescribed must not be obligatory for other reasons, but indulgenced prayers said as sacra- mental penance also gain indul- gence, 850; various indulgences may be attached to the same arti- cle, but by one work enriched with several indulgences one may gain only one indulgence, unless the good work is Confession and Com- munion or it is otherwise explicitly stated, 851; prayer for the inten- tions of the Holy Father, 852; indulgenced prayers may be said in any language, if translation is au- thorized, 853-854; confessor may commute good works, 855; how mutes are to say indulgenced prayers, 856; publication of books, summaries, papers, etc., concerning Se es 1 >). Se ee ee eS > : INDEX indulgences, 1403; penalties for those who make profit from indul- gences, 2180. Indult: religious participate in indult published by local Ordinary, 535. Infamy of Law: a canonical irregu- larity, crimes punishable by, 930; distinction between infamy of law and of fact, and how contracted, 2134; effects, 2135; cessation, 2136; disqualification following, 2137. Infamy of Fact: a simple impediment to ordination, 950. Infants: unbaptized infants of Catholic parents may not receive Christian burial, 1211. Inhability: during inhability of bishop the vicar-general governs the dio- cese, 311. Injunction: against new enterprises and for obtaining security against danger to one’s property, 1644— 1645. Injury, Verbal: penalties, 2210. Innocent Persons: belonging to an interdicted district, community or college and the reception of the sacraments, 2117. Insanity: a canonical irregularity, 928. Insignia: custom of wearing the in- signia of Third Orders and con- fraternities, 601; insignia and flags of secular societies admitted inside the churches, 1262, App. III, 46, a. Institutions of Charity: subject to the S. Congregation of the Council, 194; power of local Ordinary to erect such, 1482; foundation and administration, 1483; bishop’s right of visiting even those attached to a religious house, 1484; bishop’s rights to supervision of finances of charitable institutes or works, even those that are exempt by Apostolic privilege, 1485; bishop’s duty to see that the intentions of the 689 foundation are fully complied with, 1486. Instruction, Religious: even exempt religious bound to give instruc- tion ordered by the bishep in their monastery churches, 528; pastor’s duty to give instruction in prepara- tion for Penance and Confirma- tion, 1350; pastor’s duty to give instruction on Sundays and holy- days of obligation, 1351; pastor may delegate other priests, 1352; duties of parents and guardians with regard to instructing their charges, 1353; special department of Christian Doctrine established at the 8. Congregation of the Coun- cil; 1354, Intention: declaration of intention necessary prior to reception of orders, 957. Interdict: definition, 2109; what au- thorities can issue, 2110; what is forbidden by local interdict, 2111; what services are allowed under a general local interdict, 2112; con- sequences of local particular, 2113; extent of general and particular local, 2114; interdict on a com- munity or college, 2115; person- ally interdicted individuals, 2116; innocent individuals in local inter- dict and in interdict on a legal body, 2117; whether an interdict on a place or a body of men is a censure or merely a vindicative pen- alty, 2118; interdict ab ingressu ecclesi@, 2119; personal interdict incurred by one responsible for a local, 2193. Interest: not per se illicit, 1536. Interpretation of Canon Law: au- thoritative, 15; private, 16; laws enacting penalties to be inter- preted in the restrictive sense, 16. Interpreter: may be employed in making sacramental confession, 821; in marriage ceremony, 1093; employed in judicial procedure 690 INDEX where one party is ignorant of the language, 1618. Interruption: of the novitiate, 458- 460; of divine services when a crime which pollutes the church is committed, 1214. Intervals: to be observed in confer- ring orders, 919-920. Investment: of religious, 413-416; of other ecclesiastical goods of legal persons, 1516. Invocative Blessings: 1189. Irregularity: an impediment to en- trance into clerical state, 924; ex defectu, 925; illegitimacy, 926; bodily defect, 927; epilepsy, in- sanity, diabolical possession, 928; bigamy, 929; infamy of law, 930; judge who pronounced death sen- tence, 931; executioner and his assistants, 932; irregularity arising from crime, 933; apostates, here- tics and schismatics, 934; recep- tion of Baptism from non-Catho- lics, 935; attempt at certain for- bidden marriages, 936; murder and abortion, 937-938; mutilation and attempted suicide, 939; prac- tice of medicine or surgery by clerics, if death results, 940; abuse of Sacred Orders, 941; conditions necessary to incur irregularity ex delicto, 942; dispensations from, 956. See Impediments to Mar- riage and Impediments to Ordina- tion. Irremovable Pastor: appointment, 326-328; appointment in the United States, 330, 334-336; man- ner of procedure in removal, 1987— 1996; distinction between irre- movable and removable, only ap- peal from decision of removal by bishop’s court is to the Holy See, 1987; reasons justifying removal, 1988-1989; bishop may, after consulting two of the examiners, request resignation, giving reasons definition, for the request, 1990; if the pastor evades receipt of invitation, App. III, 75; acceptance of invitation and defense of the pastor, 1991; ef- fects of acceptance by the pastor, 1992; pastor may attack reason mentioned for removal, and bishop may, after consulting the exam- iners, grant him a respite to pre- pare proofs, 1993; recourse from first decision of removal must be within ten days, 1994; bishop must make provision for removed pastor, 1995; removed pastor must vacate parochial residence as soon as possible, 1996; recourse to Holy See against final decree of removal, App. III, 74; manner of procedure against pastors associ- ating with women, 2011. Judge: appointment, powers and office, 1563-1569; may not refuse his services to anyone who legiti- mately applies to him, 1590; com- petency, 1591-1592; may not try a case in which he is interested be- cause of consanguinity, affinity, guardianship, trusteeship or friend- ship, 1593; exception taken to the judge, 1594-1596; shall expedite all cases, 1599; power with regard to suspension of execution of an ordinary penalty inflicted in a condemnatory sentence, 2129. See Trials. Jurisdiction, Ecclesiastical: is of Divine institution for the internal and external forum, 149; ordinary, 150; delegated and subdelegated, 151; one delegated by the Holy See may subdelegate, delegate ad uni- versalitatem negotiorum, 152; in- terpretation of jurisdiction, 153; exercise, 154; voluntary, 155; of the internal and external forum, 156; exceeding the mandate of juris- diction, 156; jurisdiction from higher superior, 157; multiple del- ee ee ee eee INDEX 691 egation, 158; cessation of ordinary and delegated, 159; inadvertence to cessation in the internal forum, 159; cessation of ordinary juris- diction through loss of office, 160; when supplied by the Church, 161- 162; power of Orders may not be delegated, 163; Cardinals have jurisdiction anywhere in the world, 184; jurisdiction of the vicar- general, 271-272; of religious su- periors, 379; extent of jurisdiction of superiors, 380; the Church has exclusive jurisdiction over the mar- riage contract of all Christians, 980; acts of jurisdiction of an excown- municated person are illicit, and if he has been excommunicated by a condemnatory sentence, they are invalid, 2105; acts of jurisdiction of a suspended cleric are either in- valid or illicit, 2125. —, Episcopal: definition, 241; as- sumption of jurisdiction, 245; in spiritual and temporal affairs, dis- cipline of faith and morals, 247. See Bishop. Jurisdiction in the Sacrament of Penance: definition, 771; two- fold, ordinary and delegated, 772; persons who have ordinary, 773; pastors cannot delegate, App. III, 34, a; cessation of jurisdiction, 774; ‘jurisdiction of Cardinals, bishops, and priests, 775; dele- gated, 776; delegated in clerical exempt organizations, 777; for confessions of Sisters, 778; exam- inations for, 779-780; limitation of delegated jurisdiction, 781; man- ner of granting delegated jurisdic- tion, tacit and implied, 782; revo- cation and suspension, 783-785; extent, 786; in danger of death, 787; on the ocean, 788; declara- tion on faculties to hear confes- sion on the ocean, App. III, 34, b. Key: chancellor holds key to dio- cesan archives, 279; two keys for opening secret diocesan archives, 280-281; priest responsible for key of tabernacle, 1297. Knights of Pythias: forbidden society, 2190. Knowledge: required of religious for reception of Orders, 498-499; for secular candidates, 918; necessary for the reception of Baptism, 646; knowledge gained in the confes- sional inviolable, 795-796; knowl- edge of Christian doctrine for re- ception of Sacrament of Matri- mony, App. III, 40; knowledge of the object of marriage contract, 1080, App. III, 42, a. Laity: distinct from the clergy, 83; right to services of the clergy; may not wear clerical garb, 581. See Laymen. Lamp: to burn before the tabernacle, olive oil to be used if possible, 1299. Last Sacraments: canons of cathedral chapter give last rites to Ordinary of the diocese 290; pastor to all persons actually staying in his parish, except in clerical religious communities, 338; superior has right to administer in clerical re- ligious houses, 391. See Unction, Extreme. Late Sententic: meaning of term, 25; definition of penalties late sen- tentiew, 2052; circumstances which excuse from such penalties, 2053; imposition of such penalties, 2057; declaration of such penalties, 2059; when inflicted by a special pre- cept, 2061; bishops exempt from suspension and interdict late sen- tentte, unless explicitly named, 2066; ignorance which excuses from such penalties, 2068-2069; children excused from such penal- ties, 2070; automatic effect of such penalties, 2072; faculties of the Or- 692 dinary to remit them, 2077-2079; censures latw sententie to be in- flicted only with moderation and great caution, 2080; to incur such a censure, the transgression of the law or precept suffices, 2081; such censures are not reserved, unless the law or precept explicitly states so, 2086. Latin Rite: laws of the Code obliga- tory only for Latin Catholics, 1; liturgical books of the Latin Rite, 628. Law: general principles of Canon Law, 1-63; lished prior to the Code remain in force, 2; particular and general laws contrary to the Code are abol- ished, 6, 22; former laws enacting censures and other penalties not contained in the Code are abol- ished, 6; promulgation of terri- torial and personal laws, 8; laws of the Code are not retroactive, un- less the contrary is explicitly stated, 10, App. III, 5, a; invali- dating and inhabilitating laws are those only which are explicitly de- clared such, 11; general laws bind Catholics everywhere, but par- ticular laws only those who have a domicile or quasi-domicile in the particular territory, 12; lawsuits, 92; promulgation of laws of bishops, 246. See Trials. Laymen: cannot acquire by prescrip- tion those spiritual rights for which they are incapacitated by the divine or ecclesiastical law, 1498. See Laity. Legacies: for the education of clerics, 1378. See Will, last. Legal Adoption: impediment to mar- riage, where accepted by the civil law, 1037; in the various states of the United States, 1038. Legal Persons: definition, 76; rules governing their actions, 77-82. Legates (of the Roman Pontiff): liturgical laws pub-. INDEX rights and duties, 208; term of office, precedence and = powers 209. Legitimacy: how it is determined, 1147-1149. Legitimation: of offspring by dis- pensation of diriment impediment, 1023; of children by subsequent marriage, classes of illegitimates, 1150. Liberty: penalties for those inter- fering with the liberty and rights of the Church, 2187; penalties for offenses against the liberty of others, 2209; penalty for inter- ference with the liberty of con- science by superioresses, 2270. Life: penalties for offenses against, 2209. Linens: 1325. Litanies: must be chanted as found in the approved formulas, 854, App. IIT, 34, d; litanies not ap- proved by the Holy See may not be said by a number of people to- gether in a church or public ora- tory, 1286; local Ordinary must attest that reprints agree with the approved editions, 1405. Little Office of the B. V. M.: public recital must be in Latin, but the vernacular may be used in private, 854. Liturgical Books: of the Latin Rite, 628; local Ordinary must attest that reprints agree with the ap- proved editions, 1405. Living, Mass for the: 711-713. Living Rooms: may not be built over the church, 1203. Loans: sacred objects shall not be loaned for purposes repugnant to their nature, and goods of the Church may not be pledged or mortgaged, or debts contracted, without permission of the legiti- mate superior, 1531. Loss: of ecclesiastical office, 142. washing of Mass linens, INDEX 693 Mandans: the principal author of an offense, 2042. Mansionarii: have no vote in Chap- ter of Canons, 286, App. III, 15, k. Manuscripts: of religious, 506; clerics may not publish manuscript with- out permission of local Ordinary; if one refuses permission another may not be asked without inform- ing second Ordinary of refusal of first, 1397; laymen must obtain permission of local Ordinary for certain books, 1399. Maronite Rite: celibacy in, 1058. Marriage: when dispensations to im- pediments are valid, 34; clerics in major orders cannot validly con- tract marriage, 101; impediments of disparity of cult and mixed re- ligion and the Pauline Privilege subject to the Holy Office, 191; other impediments subject to the 5. Congregation of the Sacraments, 193; pastor’s right to assist at marriage, 338; those who attempt forbidden marriage are irregular, 936; nature and dignity of the Sacrament, 975; purpose, 976; its essential characteristics, 977; pre- sumption of law is in favor of the validity of marriage, 978; defini- tion of matrimonium ratum, con- summatum, legitimum, and puta- twwum, 979; marriage contract gov- erned by the divine and canon law, 980; marriage of unbaptized is subject to the civil power, 981; nature of marriage engagement, 982; force of the engagement and requirements of law, 983; pre- requisites and conditions for valid- ity of engagement, 984; engage- ment must be in legal form, 985; conditions for breaking engage- ment, 986; broken engagement no impediment, 987; party breaking engagement is free to marry an- other, 988, App. IfI, 40; injured party may sue for damages in case of unlawful breach, 989; pastor must instruct the people on mar- riage, 990; of the things that pre- cede marriage, 991; manner of in- vestigation, 992; proof of baptism, 993; publication of the banns, 994-999; course of action in doubt- ful impediment, 1000-1001 ; mar-, riage of vagi, 1002; instruction of young people, 1003; children for- bidden to marry despite reasonable objections of parents, 1004; an- nouncement of marriage in Amer- ican civil law, 1005; impediments, see Impediments to Marriage; permission to remarry on_pre- sumed death of consort, 1025, App. III, 41, d; mistake or fraud in application for dispensation, 1026; execution of dispensation of the Holy See, 1027; fees for dis- pensations, 1028; Papal indult to be mentioned in dispensation by delegated power, 1029; marriage ceremony outside the Church, 1042; duties of bishops and pas- tors concerning mixed marriages, 1043; marriage of a Catholic with a renegade, 1044; with unworthy Catholic, 1045; matrimonial con- sent, 1079; rational marriage con- sent presupposes knowledge of the object of the marriage contract, 1080, App. III, 42, a; error vitiat- ing matrimonial consent, 1081; theoretical errors on the nature of Christian marriage, 1082; knowl- edge or opinion that marriage is invalid, 1083; matrimonial con- sent presumed in law to be in har- mony with the nature of the con- tract, 1084; consent vitiated by force and fear, 1085-1088, App. ITI, 42, b; consent to be given in each other’s presence, 1089-1090; marriage by proxy, 1091; regula- tions for such a marriage, 1092; marriage through an interpreter, 1093; conditional consent of the 694 parties, 1094-1908, App. ITI, 42, c; form of the marriage contract, 1099; requisites for valid assist- ance of bishop and pastor, 1100- 1102; delegation of priest to assist, 1103-1105; assistance of priests who temporarily take the place of a pastor, 1106, App. ITI, 43, a; their right to delegate other priests, App. III, 43, b; civil law of the United States on assistance of priests, 1109; canonical require- ments for licit assistance, 1110- 1118; exceptions from canonical form of marriage, 1119; in dan- ger of death, 1120; in absence of priest, 1121-1124; persons bound to canonical form, 1125- 1128; rites of marriage, 1129- 1131; record, 1132-1134; mar- riage of conscience, 1135-1138; time of celebration, 1139, App. ITI, 44; place of celebration, 1140- 1142; consequences of marriage, 1148; mutual rights of husband and wife, 1144-1145; joint duties of married couple towards their children, 1146; rules by which the legitimacy of the children is deter- mined, 1147-1149; legitimation by subsequent marriage, 1150; sep- aration of married persons, 1151- 1175; dissolution of the marriage bond, 1151-1152; the Pauline Privilege, 1153-1161; separation of married persons, 1162-1165; various causes of separation, 1166- 1173; custody of the children after separation, 1174, separation by mutual agreement, 1175; valida- tion of marriage, 1176-1177; val- idation not effected by abrogation of impediments, App. III, 5, ¢; validation of marriage made in- valid by lack of consent, 1178- 1179; validation of marriage made invalid by defect of form, 1180; the sanatio in radice, 1181-1185; second marriages, 1186; local Or- INDEX dinary may demand only a small offering to cover expenditures of the chancery office in issuing dispensa- tions, 1496; penalty for contract- ing mixed marriage without dis- pensation, 2231. Married Men: impeded from ordina- tion, 945; impeded from entering religious organizations, 431, 4. Martyrs: process of beatification of various martyrs must be treated separately, unless they suffered in the same persecution and in the same place, 1906. Mass: privileges of Cardinals with regard to the Mass, 184; applica- tion by bishop for the people, 250; days of application for people, 251; application by pastor, 344-345; priest of one Rite may not say Mass in another Rite, 628; the celebrant, 697; concelebration, 698; admis- sion of strange priest to say Mass, 699; necessary letters of strange priest (Celebret), 699-702; obliga- tion of every priest to say Mass, 703; one Mass a day, 704; three on Christmas and All Souls’ day, 705; priest who has permission to say a votive Mass every day, may say three Masses on All Souls’ and Christmas, App. III, 31, f; bina- tion, 706; confession of mortal sins before saying Mass, 707-708; Eucharistic fast, 709; exemption from fast, 710, App. ITI, 31, a; for whom Mass may be applied, 711; Mass for the dead, 712; for the living, 713; preparation and thanksgiving, sacred vestments, 714; when assistant priest is per- mitted, 715; Mass should not be said without a server, 716; people answering in place of server, App. III, 31, d; rites and ceremonies, pure wheaten bread and wine mixed with water to be used, 717; priest must follow own Rite, 718; people may not read secrets, Canon INDEX and form of consecration with a loud voice, App. III, 31, d; one species only never to be conse- crated, -719; time and place of Mass, 720-722; limited right of bishop to allow Mass in private house, App. III, 31, g. See Sti- pends, Foundations. Mass, Conventual: of Chapter of Canons, 300; of religious com- munities, 525, App. III, 23, b. Master of Novices: may not hear confessions of subjects, 470; neces- sary qualifications, 463; election, 464; duties, 465; must be relieved of all duties incompatible with office, 466. Materia Libera: (in the Sacrament of Penance): sins which may, but need not be confessed, 820. Matrimonial Cases (of litigation): those between baptized persons be- long by proper and exclusive right to the ecclesiastical judge, 1866; mere civil consequences of mar- riage to the civil court, 1867; cases of rulers of states, their sons and daughters, 1868; dispensations and declarations of nullity, 1868; juris- diction of local judge, 1869; aid of Church in cases where declaration of nullity is sought in her courts, 1870; competent court in case of abandonment, 1871, App. III, 70; cases wherein lack of consent is at- tested, 1872; constitution of the tribunal, 1873; duties of defensor vincult, 1874; right of the defensor vinculi, 1875; persons who have the right to attack a marriage and pe- tition for dispensation of uncon- summated marriage, 1876-1879; proofs offered in such cases, 1880- 1882; bodily inspection, 1883- 1887; the publication of the proc- ess, closing of the evidence and sen- tence, 1888-1890; of appeals, 1891-1894; App. III, 71, a-b; of the cases excepted from the formali- 695 ties of an ordinary trial, 1895-1898, App. III, 72; appeal from the dec- laration of nullity, 1899-1900; pro- cedure to prove matrimonium ratum non consummatum, App. III, 73. Matrimonium Ratum non Con- summatum: dispensation always includes the dispensation from the impediment of crime committed by adultery with the promise or attempt of marriage, 1025; pro- cedure to prove, App. III, 73. Medicine, Practice of: forbidden to clerics, 108; clerics who practice medicine or surgery incur irregu- larity when death results, 940. Medicinal Penalties: definition, 2051. See Penalties Ecclesiastical. Mendicants: collection of alms by, 536-538. See Alms. Mensa Communis: canonical title for ordination of religious of per- petual simple vows, 923. Mensa Episcopalis: administra- tion by the bishop, is considered a legal person in Canon Law, 1478. Metropolitan: see Archbishop. Midnight Mass: celebration of, and distribution of Holy Communion at, 720. Military Service: clerics not liable for, 93; clerics may not volunteer for military service without permis- sion of the Ordinary, 112; pro- fession of novices liable for military service, 480; former laws for religious lable for military ser- vice not abolished, App. III, 4, b; annual vows and military service, 480, App. III, 22, c; ownership of money paid for military service of religious, App. III, 22, e; men liable for military service impeded from ordination, 948, App. ITI, 38, d. Minister: the priest is ordinary min- ister of Solemn Baptism, 633; the deacon is the extraordinary min- 696 | INDEX ister, 634; ordinary and extraordi- nary minister of Confirmation, 682- 684; ordinary and extraordinary minister of Orders, 881-883; min- isters of the Sacraments of Bap- tism and Confirmation contract spiritual relationship, 1075-1077. Ministry: duties of religious superiors in regard to the sacred ministry, 522; ministry in churches of re- ligious women, 523; in parochial churches attached to religious houses, 524; the Divine Office in choir, 525; obligation of religious individuals to recite Divine Office, 526; of secular clerics in major orders, 104. Minor: definition, 66. Miracles: judgment on the miracles of a servant of God in the process of beatification, 1969-1973. Missa Pro Populo: in Vicariates and Prefectures Apostolic, 229; application by the bishop, 250; days of application, 251; pastors in the U. S. A. also bound to apply, 344; declaration on doubt whether holders of certain chapels are pastors, App. III, 16, d; priest temporarily in charge of several parishes, App. III, 16, e. Missionaries: concessions regarding the Eucharistic fast, 710. Missions: to be held in every parish at least once in ten years, 1364; local Ordinaries should interest themselves in missions for non- Catholics, 1365. Mistakes: about impediments in application for dispensation from consanguinity and affinity, 1024; application for’ dispensation from impediment of minor degree is not invalidated by a positive lie or by concealment of truth, 1026. Mixed Marriage: penalty for con- tracting a mixed marriage before non-Catholic minister, 2166-2167; special law for Germany abolished, App. III, 3, f; assistance of priest when promises are refused, App. ItI, 3, g. See Impediments to Marriage. Mixed Religion: an impediment to marriage, conditions of dispensa- tion from, 1039; required prom- ises, 1040; are the promises a condition without which the dis- pensation cannot validly be granted? 1041; parties are forbid- den to approach a non-Catholic minister to give or to renew matri- monial consent, 1042. Modernism: oath against and other regulations concerning Modernism remain in force until Holy See shall decide otherwise, 6, App. ITI, 4, a; oath against Modernism in clerical organizations, 386. Moniales: definition 365. See Nuns and Religious. Monstrosities: always to be bap- tized at least conditionally, 641. Month: in law, 24. Monuments: in cemeteries, 1241; memorial tablets in churches and crypts, App. ITI, 46, b. Moral Persons: how constituted, 76; rules governing their actions, 77- 82; duties of moral persons as pastors, 326; to be represented in court by the rector or adminis- trator, 1624. Motu Proprio: valid though truth was suppressed in peitition, but invalid, if person was incapable of receiving the favor, 34. Multiplication: of irregularities and impediments of ordination, 952; multiple consanguinity, 1068; mu!- tiple affinity, 1069; of irregular- ities and impediments, 952; of censures, 2085. Munus a Manu: a gift of money or movable or immovable goods, 615. Munus ab Obsequio: a gift made in the form of a service, 615. EE ee eS ee eee INDEX 697 Murder: irregularity of those guilty | Novice (in religious organizations): of, 937; penalties, 2209. Music: in the Church, 1291. Mutes: manner of saying indulgenced prayers, 856. Mutilation: those who mutilate themselves are irregular, 939. Name: name of a saint should be given in baptism, 654. Native Clergy: duties of vicars and prefects Apostolic with regard to, 228. Ne Temere: Decree (of April 19, 1908): concerning the form of marriage, 1099. Nomination: right of Supreme Pontiff to nominate bishops, 241; right of local Ordinary to nominate pastors, 329; penalty for abuse of right of, 2249. Non-Catholics: the administration of the Sacraments to, 624-626; baptism conferred by, 627; their children impeded from ordination, 944; use of sacramentals by, 1190, App. 45, a; Catholics for- bidden to take an active part in worship of non-Catholics, 1284 1285; excommunication incurred by attempted marriage before non- Catholic minister, 2166-2167. Non-Vacant: penalty for accepting non-vacant benefice, office or dig- nity, 2251. Notaries: qualifications and duties of notaries of the diocesan curia, 277— 278; major superiors in clerical exempt organizations of religious may appoint notaries for affairs of the organization, 380; notaries in causes of beatification and canon- ization, 1913-1914; must be ap- pointed for every ecclesiastical trial, and must draw up the acts and subscribe to them, 1574; duties in all trials, laymen may be ap- pointed, but in criminal cases only priests, 1983. see Novitiate and Religious. Novices, Master of: see Master of Novices. Novitiate: master of novices may not hear confessions of novices 399; conditions for admission into, 431; illicit reception, 432; recep- tion of converts, 433; liberty of entrance, 434; married persons, 435; reception of former religious, 436; reception of secular clerics, 437; conditions for licit reception of cleric in major orders, 438; re- ception of those burdened with debt and illegitimates, 439; right of admitting, 440; testimonials of candidates, 441; proof of recep- tion of Baptism and Confirmation, 442; testimonials of Ordinaries of places of study, 443; testimonials of rectors of collegia, 444, App. III, 21, c; testimonials of Ordinaries of places of residence, 445; man- ner of giving testimonials, 446; content of testimonials, 447; dowry of religious women, 448; acquisi- tion of dowry, 449; investment of dowry, 450; return of dowry, 451; local Ordinary must be in- formed of reception of candidates into communities of women, 452; examination of such candidates by Ordinary, 452; beginning of noviti- ate, 453; erection of house of novi- tiate, 454; personal conditions for valid novitiate, 455, App. III, 21, b; reckoning of time of novitiate, 456, App. III, 21, e; second year, 457; App. III, 21, a; interruption of novitiate, 458-460; dismissal of novice, 460; habit of novices, 461; novitiate of one class invalid for another, 462; novice master, see Master of Novices; segregation of novices, 467; purpose of novitiate, novices may not study the liberal arts intensively, 468; confession in novitiate, 469-470; rights and 698 privileges of novices, 471, App. ITI, 21, f; profession in danger of death, 472, App. III, 21, g; tem- poral goods of novices, 473-475, App. III, 21, h; no compensation may be asked for expenditures of upkeep, 476; freedom to leave and dismissal, 477; religious profession of novices, 478-480; requisites for validity of profession, 478, App. III, 22, a; temporary and _ per- petual vows, 481-482; formal- ities of profession, 483-485; time of profession, 484-485, App. III, 22, d; rights and duties of tem- porarily professed, 486-487; tem- poral goods of the professed, 488- 489; ownership of money paid to professed for military service, App. III, 22, e; solemn profession, 490—- 491; burial of novices, 1248; pen- alty for unlawful admission to novitiate or to religious profession, 2267. Nullity of Acts: court actions arising from, 1646-1648, App. III, 65. Nuns: simple and solemn profession, App. III, 3, b; nuns whose solemn vows, have been reduced to simple vows, App. ITI, 18, e-d; enclosure, see Enclosure; funeral services, 1257; See Moniales and Reli- gious. Nuptial Blessing: pastor’s duty with regard. to, 1129; when allowed, 1130; closed seasons, 1139, App. III, 44; forbidden during a local interdict, 2112. Oath: the oath against Modernism, 6, 386; definition of oath, 13837; obligation, 1338; nature of prom- issory oath, 13839; cessation of promissory oath, 1340; annulment, dispensation, commutation of promissory oath, 1341; interpre- tation, 1342; those who must take the oath in ecclesiastical trials, 1600; manner of taking the oath, INDEX 1601; oath to be taken by exam- iners, consultors and notaries at the beginning of a trial, violators of oath to be punished by the Ordi- nary, 1984; penalty for Cardinals who refuse to take the prescribed oath, 2253. Obedience: to the Ordinary, 97; ob- ligation of religious to obey Su- preme Pontiff by vow of obedience, 377; to local Ordinaries, 378; ob- ligations of vow of obedience of religious, 503; religious bound to obey bishop with regard to public worship, 528. . Obligations: of exterior conduct of clerics, 95; of spiritual retreat, 96; of obedience to the Ordinary, 97; to study, 98; of examination, 99; to attend diocesan conferences, 100; of celibacy, 101; concerning women, 102; duties and obligations of life and conduct of the clergy, 103-114; obligations of pastors, 341-348; of superiors, 386-387; of religious with regard to pa- rochial churches connected with the religious house, 524; of the bishop to administer Confirma- tion, 687; of all priests to say Mass several times a year, 703. Obstruction: in the government of a diocese, 311. Occult Offenses: punished by the Ordinary by infliction of suspen- sion ex informata conscientia, 2015- 2024. See Offenses. Ocean: special permission required ‘to say Mass on ocean, 721; juris- diction for hearing confessions on the ocean, 788, App. III, 34, b. Odd Fellows: forbidden society, 2190. (conomus, Diocesan: election and duties, 314-315, 318; removal, 319. — in religious organizations: 393- 397. (@cumenical Council: General. see Council, INDEX 699 Offenses: nature and division, 2025- 2030; imputability, 2031-2032; disabilities affecting the mind, 2033; ignorance of the law, 2034; omission of due care, 2035; liability of minors, 2036; physical violence excuses from liability, 2037; lia- bility for acts done in passion, 2038; special aggravating circum- stances, definition of recidivus, 2039; liability of codperators, 2040; liability of conspirators, 2041; liability of the mandans, 2042; accomplices with limited liability, 2043; negative codpera- tors, 2044; when accomplices are liable for the offense after its com- mission, 2045; consequences of commission of an offense, penal- ties ferende sententie, criminal and civil actions, 2046; those who are liable for the expenses and dam- ages caused by an offense, 2047; attempted offense and its guilt, 2048; liability for attempted of- fense, 2049; penalties for offenses, see Penalties, ecclesiastical; rem- edies for offenses, see Remedies, Penal; only external, grave, con- summate and obstinate offenses are punished with censures, 2081; offenses against religion, 2170; illegal bination and breaking the natural fast, 2171-2172; usurpa- tion of priest’s functions, 2173- 2175; biasphemy and _ perjury, 2176; offenses in violation of the laws concerning Mass _ stipends, 2177; superstition and _ sacrilege, 2178; making and spreading of false relics, 2179; profit-making through indulgences, 2180; viola- tion of corpses and graves, 2181; violation of churches and ceme- teries, 2182; offenses against eccle- siastical authorities, 2183-2204; offenses committed against the laws on the election of the Supreme Pon- tiff, 2183; disobedience of orders of the Roman Pontiff or of the proper Ordinary, conspiracy, 2184; appeal from the law and commands of the Roman Pontiff to an Gicumenical Council, 2185; recourse to the civil power from letters or acts of the Apostolic See or its legates, 2186; interference with the liberty and rights of the Church, 2187; joining the Freemasons and other similar societies, 2188-2191; pas- tors and other priests who incite the people to interfere with eccle- siastical jurisdiction, 2192; unau- thorized absolution from excom- munication, communication with an excommunicatus vitandus, 2193; violation of censures, liability for interdict on a place or a legal body, 2193; violation of the laws of deprivation of Christian burial, 2194; obduracy in censures, 2195; violation of the privilege of the ecclesiastical forum, 2196; viola- tion of the law of enclosure, 2197; violation of the privilegium canonis, 2198; verbal injury to clerics, 2199; infringement on the goods and rights of the Roman Church, 2200; usurpation and detention of temporal ecclesiastical goods and property, 2201; illegal alienation of ecclesiastical goods, 2202; un- just withholding of goods from pious institutions, 2203; refusal of legitimate contributions and taxes, 2204; offenses, life, liberty, prop- erty, good repute and Christian morality, 2205-2214; abortion, sui- cide and attempted self-destruc- tion, 2205; duel, 2206; unjust coercion of persons to embrace the religious or clerical state, 2207; abduction, 2208; verbal injury to others, 2210; bigamy, 2211; of- fenses against chastity, 2212-2214; of forgery and other falsehoods, 2215-2217; forgery of Papal doc- uments, 2215; fraud in petition 700 for rescripts, 2216; forgery of eccle- siastical documents and records, 2217; false accusation of solicita- tion against a confessor, 2218-2219; offenses committed in the admin- istration or reception of Orders and other Sacraments, 2220-2231; administration of the Sacraments to forbidden persons, 2220; at- tempt to administer Confirmation, 2221; hearing of confessions with- out faculties, 2222; absolution of accomplice in sins of impurity, 2223; solicitation to sins of impu- rity by priest in connection with confession, 2224; violation of the seal of confession, 2225; conse- cration of bishop without Papal mandate, 2226; simony in the ad- ministration or reception of the Sacraments, 2227; reception of Orders from excommunicated, sus- pended or interdicted prelates, 2228; illicit conferring of Orders, 2229; illicit reception of Orders, 2230; mixed marriage without dis- pensation, 2231; of offenses against obligations of the clerical and re- ligious state, 2232-2245; refusal of priest to submit to the annual examination after ordination, 2232; absence from diocesan conferences, 2233; carelessness in performance of rites and ceremonies, 2234; dis- carding the clerical garb, 2235; clerics engaging in forbidden worldly businesses, 2236; viola- tion of the law of residence, 2237; negligence of pastor in the care of souls, 2238; carelessness of pastor in drawing up and keeping paro- chial records, 2239; negligence in office of the canon theologian and canon penitentiary, 2240; apos- tacy from religious life, 2241; flight from religious life, 2242; re- ligious profession by deceit, 2243; violation of the obligation of celi- bacy, 2244; violation of commu- INDEX nity life in religious organizations, 2245; offenses in the conferring, reception and dismissal of eccle- siastical dignities, offices and bene- fices, 2246-2259; of molestation of voters in canonical elections, 2246; offenses committed in elections, 2247; simony in conferring and accepting ecclesiastical offices, ben- efices and dignities, 2248; abuse of right of election, presentation and nomination, 2249; illicit taking possession of benefices, offices or dignities, 2250; accepting a non- vacant benefice, office or dignity, 2251; illegal possession of two in- compatible offices or benefices, 2252; refusal of Cardinals to take prescribed oath, 2253; neglect of bishop-elect to receive conse- cration in due time, 2254; unlaw- ful desertion of duties by clerics, 2255; resignation of office, bene- fice or dignity into the hands of laymen, 2256; illegal refusal to abandon office, benefice or dignity, 2257; neglect of abbatial blessing, 2258; neglect of profession of faith, 2259; abuse of ecclesiastical authority or office, 2260-2270; offenses in connection with dioce- san archives, 2261; unfaithfulness in the custody of ecclesiastical records, 2262; attempted bribery of officials of the Curia, 2263; illegal exaction of taxes, 2264; un- lawful issuance of dimissorials dur- ing vacancy of bishopric, 2265; illicit ordination of exempt relig- ious, 2266; unlawful admission to the novitiate or to religious pro- fession, 2267; failure to keep dowry intact, and neglect to notify local Ordinary of reception and profes- sion in religious communities of women, 2268; interference of religious superiors with the visitation, 2269; interference by superiors with the liberty of INDEX conscience of their subjects, 2270. Offerings: forbidden for the admin- istration of the Sacrament of Pen- ance, 631; offerings for benefit of a parish, 1220; votive offerings may not be disposed of, App. III, 59, ‘a-b. Office Divine: obligation of all clerics in major orders to daily recitations, 104; obligation to choral recitation in religious insti- tutions, 525-526; obligation to recite office for reason of benefice, loss of income for neglect of this obligation, 1472. Offices, Divine: definition, 2099. —, Ecclesiastical: definition, 115; appointment to, 116; appointment to vacant offices, 117; bishop’s power of appointment, 118; qual- ifications in candidate, 118; office entailing the care of souls must be occupied by priest, 119; incom- patible offices may not be held sim- ultaneously, 120; appointment to office vacant through renunciation or by sentence of deprivation, 121; appointment to office must be in writing, 122; election to office, 123- 141, see Election; loss of office, 142; renunciation of office, 143; tacit renunciation, 144; acceptance and rejection of renunciation, 145, App. III, 8, ¢; vacancy of office after renunciation, 146; depriva- tion of office, 147; transference of office, 148; term of office of major superiors, 382; office obtained only through appointment of ecclesi- astical superior, 1500; effects of suspension from office, 2121-2125; penalty for illegal possession of two incompatible offices or benefices, 2252; penalty for abuse of eccle- siastical office or authority, 2260. —, Secular: clerics may not seek or accept secular public, 110; permission to accept such offices 701 may be given by bishop, App. ITI, 7, e; Cardinals, archbishops, bish- ops may not accept or compete for office of senator or representative without permission of Holy See, App. III, 7, e. Officialis: history of office, 268- 269; judge of episcopal court, 269; appointment and office, 1564; plea of suspicion against, 1594. Oils, Holy: for the administration of the Sacraments, blessing and re- newal of, 629; custody, 630; Su- preme Pontiff can give priests power to bless oleum infirmorum, 857; oils not to be kept in private houses without permission of the bishop, 868. Old Discipline: rules governing mod- ifications of, 6. Option: permitted to Cardinals, 181; forbidden to Canons, 290, App. . III, 15; e-g. Oratory: definition and _ various kinds, private chapels of Car- dinals and bishops considered semi- public oratories in law, 1225; pub- lic oratories, 1226; semi-pub- lic, 1227; private, 1228; persons who may fulfill obligation of hear- ing Mass in a private oratory, 1275. Orders: power of Orders may not be delegated, 163; power of order of abbots, 539; Sacrament of Orders separates clergy from the laity, 871; major and minor orders, 872; history of the development of Orders, 873-880; ordinary minis- ter is the bishop, validity of hercti- cal and schismatice orders, 881; extraordinary minister, 882; can priest receive power to ordain to subdeaconship and priesthood? 883; consecration of bishop reserved to the Holy See, 884-886; consecrat- ing bishop must employ two other bishops to assist in the ceremony, 887; candidates to be ordained by 702 their own bishop, 888; the proper pishop of candidate, incardination, 889; rules determining proper bish- op, 890-893, App. IIT, 38, b; oath of residence, canonical domicile, 890; right to establish own dom- icile, 891; examples of proper bishop in various cases, 892; in- cardination by reception of first tonsure, 893-894; letters of incar- dination and excardination, 894; incardination into religious com- munities, 895; prefects and vicars Apostolic, abbots and _ prelates nullius have the same right as the bishop, if they have episcopal con- secration, 896; who can give dimis- sorial letters, 897; revocation of privilege to ordain without dimis- sorials, App. III, 38, a; prelates who have right to give dimissorials can confer the orders themselves if they have the power of orders, 898; further regulations about dimissori- als of secular clergy, 898; prelates to whom dimissorials may be ad- dressed, 899; revocation and lim- itation of dimissorials, 900; local Ordinary only may ordain, 900; bishops of Latin Rite forbidden to ordain men of the Oriental rites, 900; ordination of religious, 901- 905 (see Religious); candidates for orders must be baptized, 906; must be free from irregularities and im- pediments, 907; must be needed for service of the diocese, 908; right of bishop and religious superior to prohibit reception of orders, 909; freedom of choice of clerical state, 910; wrong to hinder any qualified man from the clerical state, 911; candidates must have attended seminary at least for the entire course of theology, 912; tonsure and minor orders may be given only to candidates who intend to ascend to the priesthood, 913; positive proofs of required qualifi- INDEX cations necessary, 914; requisites for licit ordination, 915; age for major orders, 916; age for minor orders, 917; previous studies re- quired for the various orders, 918; declaration on permission to ordain priests after three years’ theology, App. III, 38, ¢; prescribed order and intervals, 919-920; canonical title, 921; various titles, 922; titles of ordination for religious, 923; irregularities and other im- pediments, 924-956; declarations on dispensations from irregularities and impediments, App. III, 38, d; irregularities ex defectu, 925; illegit- imacy, 926; bodily defect, 927; epilepsy, insanity, diabolical posses- sion, 928; bigamy, 929; infamy of law, 930; judge who pronounced death sentence, 931; executioner and his assistants, 932; crime, 933; apostates, heretics and schismatics, 934; reception of baptism from non-Catholics, 935; attempt at certain forbidden marriages, 936; murder and abortion, 937-938; mutilation and attempted suicide, 939; practice of medicine and sur- gery by clerics resulting in death, 940; abuse of sacred orders, 941; conditions necessary to incur ir- regularity ex delicto, 942; simple impediments to sacred orders, 943- 950; children of non-Catholics, 944; married men, 945; offices and duties incompatible with clerical state, 946; slaves, 947; men sub- ject to military service, 948; con- verts, 949; loss of good reputation, 950; ignorance of irregularity does not excuse, 951; multiple irregu- larity, 952; bishop’s faculties to dis- pense, 953; faculties of Ordinaries of exempt religious, 954; faculties of the confessor, 955; how to petition and interpret dispensa- tion from irregularities, 956; requisites prior to ordination, INDEX 703 957; testimonial letters necessary, 958; testimonials from dioceses of temporary residence, 959; testi- monials issued by religious supe- riors, 960; examination of candi- dates before ordination, 961; pub- lication of names of seculars in their proper parish, 962-963; retreat before ordination, 964; in the rites and ceremonies the Pontificale must be strictly followed, 965; Mass of ' ordination or of consecration to be said by the ordaining bishop, 966; clerics from Oriental Rites joining the Latin Rite, 967; those pro- moted to orders must receive Com- munion in the ordination Mass, 968; time and place of ordination, 969; defect in ordination may be supplied on any day, 970; to ordain outside his diocese, bishop needs consent of the local Ordinary, 971; general ordinations should be given in the cathedral, 972; record and testimonial of ordination, names and orders conferred to be kept in diocesan archives, those ordained to receive certificate, 973; record of ordination to subdeaconship to be recorded in baptismal record, 974; sacred orders diriment impediment to marriage, history of impediment, 1058; no dispensation from im- pediment of orders, 1059; penalty for reception of orders from ex- communicated, interdicted or sus- pended prelate, 2228; penalty for illicit conferring of orders, 2229; penalty for illicit reception of orders, 2230. Ordinaries: faculties, 256-257; local —, religious subject to the —, 378; power to effect union of ben- efices, 1485-1437; power to trans- fer benefices, 1438; power to divide and dismember parishes, 14389- 1442; power with reference to con- version of benefices, 1444; power to confer benefices, 1445; right to annual tax or cathedraticum, 1494; may impose extraordinary taxes for special needs, 1495; are exec- utors of all donations and bequests made in favor of religion or char- ity, 1508-1509; duty to oversee dili- gently administration of ecclesi- astical goods in their territory, 1512; duty to influence the faith- ful to strive after virtue and desist from vice, 2050; faculties to remit penalties of the common law, 2077- 2079; penalty for disobedience to proper Ordinary, 2184; proc- ess to be conducted by the Or- dinary prior to presentation of a cause of beatification to the Holy See, 1930-1943; duty to forward account of process on writings of the Servant of God, of the Informa- tive Process and of the Process of Non-Cult to the S. Congregation, 1944-1945; no canonical trial but mere recourse to the SS. Congre- gations granted against administra- tive acts of the Ordinary, App. III, 63, a-b. Ordinary Jurisdiction: see Jurisdic- tion, Ecclesiastical. Ordination Cases: cases wherein the obligations contracted by ordina- tion or the validity of the ordina- tion itself is attacked, must be referred to the S. Congregation of the Sacraments, but cases wherein a substantial defect of the Rite is pleaded, must be referred to the 8S. Congregation of the Holy Office, 1901; persons who have right to attack the validity of sacred or- dination, 1902; procedure of the court, 1903; the cleric is forbid- den to exercise sacred orders once action is commenced, 1904; two sentences required to free cleric from obligations attached to orders, 1905; court of trial, 1905. See Orders. Ordo: definition, 365. 704 INDEX Oriental Church, Congregation for the: 1, 201; vow of continency, members may marry while in minor orders, 1058. Oriental Rite, Catholics of: may not be received into religious organiza- tions of Latin Rite without proper permission, 432; Oriental cleric who joins the Latin Rite must re- ceive those orders, according to the Latin Rite, which he has not re- ceived in the Oriental, 967. Papal Blessing: faculties to give, 831; distinct from the general absolution, 832; privileges of Third Orders with regard to, 832. Parents: duties toward their chil- dren, 1144-1146; duty to instruct the children in Christian Doctrine, 1353; excommunication of those who have their children baptized by non-Catholic ministers, 2166, 2169. Parishes: may not be established for different languages without regard to territory, 168, App. III, 10, c; canonical standing in the United States, 169, App. III, 10, b; how parishes erected while district was under jurisdiction of the Propa- ganda become canonical, App. III, 10, a; foreign language parishes and jurisdiction in marriage cases, 1101; proper parish with regard to burial of the faithful, 1244- 1254; power to divide, 1434; parishes united with houses of re- ligious, 1437; power of local Or- dinary to divide and dismember, 1439-1441, App. III, 55. For union, division, resignation, etc., of parishes, see Benefices. Parochial Consultor: see Consultors, Parochial. Parochial Vicar: see Vicar, Parochial. Participation in Crime: penalty for— with an excommunicatus vitandus, 2193. See Cooperators, Passion: effect of passion on liability of acts, 2038. Pastor: power to dispense, 60; power of delegation, 151; who are real pastors in the United States, 167- 170; how constituted, 325; moral persons as pastors, 326; qualifica- tions, 327; removable and irre- movable pastors established, 328; right of bishop to appoint, 329; appointment in the United States, 330; appointment of quasi-pastors, 332; manner of appointment, 333; concursus for election of pastors, 334; examination of candidates, 335, App. III, 16, a; pastor may hold only one parish and there may be only one pastor in parish dis- trict, 336, App. ITI, 16, b; taking possession of parish, 337; functions, 338, App. III, 16, c; revenues, 339; eare of souls, 340; obligations, 341-348; obligation of residence, 341; vacation, 342; absence, 3438; application of Mass pro populo, 344; care of several united par- ishes, 3845, App. III, 16, e; divine services for the people, 346; care of the sick, 347; care of parochial records and seal, 348; pastor of Cathedral Church precedes all other pastors, 358, App. III, 16, f; examination of religious pastors, App. III, 7, a; office and duties of the religious pastor, 548; relig- ious pastor subject to visitation and jurisdiction of the local Ordi- nary, 544; removal of religious pas- tor. 545; right to confer Solemn Baptism within parish reserved to pastor, 633; duty to keep rec- ords of Confirmation, 695; facul!- ties to absolve from _ diocesan reserved cases during the paschal season, 812; duty to instruct the people on the Sacrament of Mat- rimony and its impediments, 990; bound to instruct persons about to be married on the duties and obli- oe ee | : : INDEX 705 gations of the married state, 1003; him and impose an appropriate duty concerning mixed marriages, penalty, 2013; punishment of pas- 1048; requisites for valid assist- tor who does not amend after ance at marriages, 1100-1102; rebuke and penalty, 2014. must explicitly designate other | Patriarch: honor and office, 210. priest to witness a marriage cere- | Patrimony: title for ordination, 922. mony, 1103-1105; may not dele- | Patronage; definition of right of pat- gate priest to witness a marriage until all is done that is demanded by Canon Law to prove freedom of parties, 1107; may not delegate an excommunicated or suspended priest, or one under an interdict of declaratory or condemnatory sen- tence, to witness a marriage, 1108; power to dispense in individual cases from observation of holydays of obligation and of fast and absti- nence, 1272; duty to give catechet- ical instruction, 1350-1352; when pastor invites extern priest to preach, he must apply for facul- ties for him, 1357; pastors and other priests admonished to foster vocations to the priesthood, 1369; pastors who neglect their pastoral duties to be tried summarily, 1985; pastors convicted of neglect of pas- toral duties have recourse only to the Apostolic See, but appeal does not suspend sentence of the bishop, 1986; irremovable pastors, see Irremovable Pastors; removable pastors, see Removable Pastors; manner of procedure against a pastor negligent in fulfillment of his pastoral duties, see Pastoral Duties; penalties for pastors and other priests who incite the people to interfere with ecclesiastical juris- diction, 2192; penalty for pastor negligent in the care of souls, 2238. Pastoral Duties, Neglect of: manner of procedure against a negligent pastor, 2012-2014; bishop shall admonish the pastor guilty of gross neglect, 2012; if pastor does not amend, bishop shall rebuke ronage, 1453; not admitted in the United States, 1454; various kinds, 1455; restriction, 1456; patronage acquired before the promulgation of the Code, 1457, App. III, 57; rights of patrons defined and lim- ited, 1458; privileges, 1459; right of presentation defined, 1460; presentation and concursus, App. III, 57, c; several patrons in one benefice or church, 1461-1465; ad- mission of presentation by local Ordinary, 1466; presentation of pastor by the people of the parish, App. III, 57, b; acceptance of pres- entation by the candidate and canonical institution, 1467; obli- gations of patrons, 1468; cessa- tion of rights of patrons, 1469; special concession by the Holy See of the right of presentation does not constitute patronage, 1470. Patrons: of nations, dioceses, prov- inces, etc., to be confirmed as such by the Holy See, 1305. Pauline Privilege: subject to the Holy Office, 191; dissolves mar- riage of unbaptized, but cannot be applied when a Catholic marries an unbaptized person with a dispensa- tion, 1050 and 1153; interpellations, 1154-1156; dispensations from in- terpellations, 1156; time of disso- lution of first marriage, 1157; in doubtful cases, Pauline Privilege enjoys the favor of the law, 978, 1158; cases likely to occur in the United States, 1159-1161. Peculium: of religious, 505. Penalties, Ecclesiastical: bishop may punish religious with such penal- ties in matters in which they are 706 subject to him, 532; right of the Church to inflict penalties, 2050; definition and species, 2051; ter- minology, 2052; interpretation of penal laws, 2053-2054; persons who have coercive power, 2055- 2056; penalties for violation of laws which have no penal sanction, 2057-2058; rules by which the judge or superior must be guided in application of penalties, 2059-2062; persons subject to the coercive power, 2063-2067; ignorance and other mental conditions as excuse from penalties, 2068-2069; pun- ishment of youths who have not reached age of puberty, 2070; penalties of accomplices, 2071; automatic effect of penalties late sententie, 2072; manner of in- flicting penalties ferende sententic, 2073-2075; remission of penalties, 2076; faculties of the Ordinary to remit penalties of the common law; prescription of penalties, 2077-2079; medicinal penalties or censures, see Censures, Excom- munication, Interdict, and Suspen- sion; vindicative penalties, 2127- 2146; definition and infliction of vindicative penalties, 2127; appeal from vindicative penalties, 2128; when judge may suspend their ex- ecution, 2129; cessation of vindica- tive penalties, 2130; in more urgent cases, 2131; list of common vin- dicative penalties, 2132; penal sup- pression or transfer of an episco- pal see reserved to the Roman Pon- tiff, and of a parish to local Or- dinaries after consultation with the chapter (diocesan consultors), 2133; contraction of infamy of law and infamy of fact, 2134; effects of in- famy of law and fact, 2135; ces- sation of infamy of law and fact, 2136; disqualification, 2137; fines imposed by common law to be used for pious purposes, 2138; of vin- INDEX dicative penalties special to the clergy, 2139; deprivation of ben- efices, offices and dignities, as pen- alties, 2140; deprivation of right to wear ecclesiastical garb, and prohibition to exercise ecclesi- astical ministry, 2141; Ordinary cannot command a cleric to stay in certain place outside his diocese, unless he sends him to a house of correction destined for outsiders, 2142; command to stay in a cer- tain place or in a religious house for a long time shall be imposed only in serious cases, 2143; effects of deposition, 2144; if deposed cleric does not show signs of amend- ment, Ordinary may deprive him forever of the right to wear eccle- siastical garb, 2145; definition and effect of degradation, 2146; for pe- nal remedies, see Remedies, Penal; Ordinary may at his discretion im- pose penances together with penal admonition or rebuke, 2154; of pen- alties for individual offenses, 2155— 2219; penalties for apostates, here- tics and schismatics, 2155-2158; for suspicion of heresy, 2159- 2160; for defending condemned doctrines, 2161; for reading or keeping forbidden books, 2162- 2165; for mixed marriage before non-Catholic minister, and non- Catholic baptism or education of children, 2166-2169; for offenses against religion, 2170-2182; for violation of the Sacred Species, 2170; for illegal bination and breaking the natural fast before Mass, 2171-2172; for usurpation of priestly functions, 2173-2175; for blasphemy and perjury, 2176; for offenses violating the laws reg- ulating Mass stipends, 2177; for superstition and sacrilege, 2178; for making and spreading faise relics, 2179; for profit-making through indulgences, 2180; for INDEX 707 violation of corpses and graves, 2181; for violation of churches and cemeteries, 2182; for offenses against ecclesiastical authorities, persons and things, 2183-2204; for offenses committed in the elec- tion of the Supreme Pontiff, 2183; for disobedience to the Supreme Pontiff, or the proper Ordinary, and conspiracy, 2184; for appeal from laws and commands of the Supreme Pontiff to an Gicumenical Council, 2185; for recourse to the civil power against letters or acts of the Apostolic See or its legates, 2186; for interference with the liberty and rights of the Church, 2187; for joining the Freemasons and similar societies, 2188-2190; for clerics and religious who im- pede ecclesiastical liberty, rights and jurisdiction, by recourse to civil power, and for clerics who join Masonic or similar organiza- tions, 2191; for pastors and other priests who incite the people to interfere with ecclesiastical juris- diction, 2192; for unauthorized absolution from excommunication, participation in the crime of an excommunicatus vitandus, viola- tion of censures, for bringing inter- dict on a place or legal body, 2193; for violation of the laws of Chris- tian burial, 2194; for obduracy in censures, 2195; for violation of the privilege of the ecclesiastical forum, 2196; for violation of enclosure, 2197; for violation of the privile- gium canonis, 2198; for verbal injury to clerics, 2199; for infringe- ment on the goods and rights of the Roman Church, 2200; _ for usurpation and detention of tem- poral ecclesiastical goods and prop- erty, 2201; for illegal alienation of ecclesiastical goods, 2202; for un- just withholding of goods from pious institutions, 2203; for re- fusal of legitimate contributions and taxes, 2204; for abortion, sui- cide and attempted self-destruc- tion, 2205; for duelling, 2206; for unjustly coercing one to embrace the clerical or religious state, 2207; for abduction, 2208; for offenses against life, liberty and property, 2209; for verbal injury to others, 2210; for bigamy, 2211; for offen- ses against chastity, 2212-2214; for forgery of Papal documents, 2215; for fraud in petition for rescripts, 2216; for forgery of ec- clesiastical documents and records, 2217; for false accusation of solici- tation against confessor, 2218- 2219; for offenses in the adminis- tration or reception of orders and of the other sacraments, 2220-2231; for administration of the sacra- ments to forbidden persons, 2220; for attempt to administer Confir- mation (by a priest), 2221; for hearing confessions without facul- ties, 2222; for absolution of accom- plice in sin of impurity, 2223; for solicitation to sins of impurity in connection with confession, 2224; for violation of the seal of confes- sion, 2225; for consecration of bishop without Papal mandate, 2226; for simony in the adminis- tration or reception of the sacra- ments, 2227; for reception of orders from excommunicated, sus- pended or _ interdicted prelate, 2228; for illicit conferring of orders, 2229; for illicit reception of orders, 2230; for mixed marriage without dispensation, 2231; for refusal of priest to submit to annual examination, 2232; for absence from diocesan conferences, 2233; for carelessness in performance of rites and ceremonies, 2234; for discarding clerical garb, 2235; for engaging in worldly enterprises forbidden to the clergy, 2236; 708 for violation of the law of resi- dence, 2237; for negligence of pas- tor in the care of souls, 2238; for carelessness of pastor in drawing up and keeping parochial records, 2239; for negligence in office on the part of canon theologian and canon penitentiary, 2240; for apostacy from religious life, 2241; for flight from religious life, 2242; for deceit in religious profession, 2243; for violation of law of celi- bacy, 2244; for violation of relig- ious life in religious organizations, 2245; for molestation of voters in canonical elections, 2246; for of- fenses committed in elections, 2247; for simony in conferring and accepting ecclesiastical offices, benefices and dignities, 2248; for abuse of right of election, presen- tation and nomination, 2249; for illicit taking possession of ben- efices, offices and dignities, 2250; for acceptance of non-vacant ben- efice, office, or dignity, 2251; for illegal possession of two incom- patible offices or benefices, 2252; for refusal of Cardinal to take pre- scribed oath, 2253; for neglect of bishop-elect to receive consecra- tion in due time, 2254; for unlawful desertion of duties by cleric, 2255; for resignation of office, benefice or dignity into the hands of laymen, 2256; for illegal refusal to abandon office, benefice or dignity, 2257; for neglect to receive the abbatial blessing, 2258; for neglect to make prescribed profession of faith, 2259; for abuse of ecclesiastical authority or office, 2260; for of- fenses in connection with diocesan archives, 2261; for unfaithfulness in custody of ecclesiastical records, 2262; for attempted bribery of officials of the Curia, 2263; for illegal exaction of taxes, 2264; for unlawful issuance of dimissorials INDEX during vacancy of bishopric, 2265; for illicit ordination of exempt re- religious, 2266; for unlawful ad- mission to novitiate or religious profession, 2267; for failure to keep dowry intact, and for failure to notify local Ordinary of recep- tion or profession in religious com- munities of women, 2268; for in- terference of religious superiors with the visitation, 2269; for in- terference by superioresses with the liberty of conscience of their subjects, 2270. Penance, Sacrament of: definition, 769; minister, 770, $17; besides valid orders, jurisdiction required, 771; ordinary and delegated jurisdic- tion, 772; those who have ordinary jurisdiction, 773; cessation of ju- risdiction, 774; jurisdiction for — granted by, Cardinals, bishops and priests, 775; pastors cannot dele- gate jurisdiction for confessions, App. III, 34, a; delegated juris- diction to secular and religious priests, 776-777; jurisdiction for confessions of Sisters, 778; ex- amination of priests to be approved as confessors, 779-780; limita- tion of delegated jurisdiction, 781; manner of granting delegated juris- diction, 782; revocation and sus- pension of jurisdiction, 783-785; extent of jurisdiction, 786; jurisdic- tion in danger of death, 787; con- fession on the ocean, 788, App. ITI, 34, b; absolution of accomplice, 789-790; prayers attached to form of absolution should not be lightly omitted, 791; absolution should not be deferred without serious reason, 792; penance should be in proportion to sins and circum- stances of penitent, 793; duty of priest as judge and physician, 794; sacramental seal, 795-796; master of novices, assistant master, and superior of college and seminary — —— ~~ » _— INDEX may not hear confessions of their subjects, 797; obligations of pas- tors to hear confessions, 798; sce Reservation of sins; subject of Sacrament of Penance, 816; min- ister, 817; power of the keys, 818; matter of the Sacrament, 819; sins which need not be confessed, 820; use of an interpreter, 821; obligation to denounce soliciting priest, 822; confession to priest of different Rite, 823; precept of annual confession, 824-825; place of confession, 826-827. Penances: sacramental penances, see Penance, Sacrament of; may be imposed extrajudicially by way of precept, 1849; penalties for the correction of offenders and in pun- ishment of offenses, 2051; when imposed in external forum, 2153; principal kinds, 2154. Penitentiary, Sacred: Penitentiary. Pensions: of religious belong to their order, 505; imposition of pensicn on a benefice, 1443, App. IIT, 56, a-b. Peregrint: not bound by particular laws of place in which they stop, 12, 68; effect of difference of ob- servance of the general law in vari- ous dioceses, App. III, 5, e; dom- icile of peregrini, 68. Perjury: penalties, 2176. Perplexed Case: see Casus Per- pBlexus. Persons: subject to ecclesiastical law, 12, 64; probably baptized persons, 65; of legal age, 66; place and domicile, 67-72; rela- tionship, 73-74; of various Rites, 75; legal and moral persons, 76-82; distinction between clergy and laity, 83. Philippine Islands: immigration of priests from Europe and Medi- terranean countries to Philippine Islands, App. III, 7, h. see Sacred 709 Philosophy: see Studies. Physical Contact: of sponsor neces- sary in Baptism, 663; in Confirma- tion, 680. Pious Unions: constitution, 583-584; statutes, 586; rights, 587; recep- tion and expulsion of members, 588-591; government, 592-594; erection, 600; insignia, 601; ded- ication, 602; where erected, 603; faculties and spiritual favors, 604; meetings and sacred functions, 605-607. See Associations. Place: of solemn Baptism, proper parish church, 670; of celebration of Holy Mass, 721-722; of admin- istration of Holy Communion, 768; of ordination ordinarily the ca- thedral church, 972; of marriage ordinarily the parish of the bride, 1115-1118; for the celebration of marriage between Catholics, of mixed marriages, 1140; marriage may not as a rule be contracted in a private house, 1141; mixed marriages are not to take place in church, 1142. Place of Origin: 67. Place of Trial: in ecclesiastical ac- tions and lawsuits, 1552-1560; place of ecclesiastical trials, 1614. Places, Sacred: definition, conse- cration reserved to local Ordinary, 1192; bishop in the United States cannot delegate a priest to conse- crate a place, though he may have indult to delegate for consecration of altars and chalices, 1193; per- sons who have a right to bless a place, 1194-1195; record and proof of consecration or blessing, 1196; sacred places exclusively under the jurisdiction of the Church, 1197. See Churches, Altars, and Ceme- teries. Plenary Council: nary. Pollution of Churches: see Desecra- tion. see Council, Ple- 710 Pontiff, Roman: see Roman Pontiff. Pontifical Functions: of bishops, 248; pontifical functions and Divine Office, App. III, 7, b; declaration on liturgical difficulties, App. III, 152; Pope: see Roman Pontiff. Portable Altar: privilege of, 721. Possession, Diabolical: a canonical irregularity, 928. —. Illegal; penalty for illicit pos- session of benefices, offices and dignities, 2250; penalty for illegal possession of two incompatible offices or benefices, 2252. Possessory Actions: 1656-1662. Postulants: see Postulate. Postulate: in religious organizations, 427-430; time and conditions, 427— 429; need not be made in house of novitiate, retreat to be made by postulants, 430. Postulation: in election to office, 138- 141, App. ITI, 8, b. Postulator: in process of beatifica- tion; office, 1907-1908; duties, 1909. Poverty: canonical title for ordina- tion of religious, 923. See Vows. Power of Orders: may not be dele- gated, 163; of abbots, 539. Prayer: for the intention of the Holy Father as a condition of indul- gences, 852. Preaching, Office of: those bound in virtue of their office to preach, 1348; faculty and appointment to preach, 1349; catechetical instruc- tion, 1350-1354; local Ordinary alone can give faculty to preach in his territory to secular and religious clergy, 1355; religious superior of exempt Order can grant faculties to preach to religious subject to him, but not to preach to Sisters or orders of men, 1355; faculties granted to religious by the local Ordinary and their superiors, 1356; faculties to preach in another dio- INDEX cese must be obtained from the local bishop on recommendation of the proper Ordinary, and pastor who invites extern preacher must apply for faculties, 1357; faculties to be granted only to priests and deacons, 1358; duty of local Ordinary to preach, 1359; duty of pastor to preach on Sundays and holydays of obligation, 1360-1361; preaching in Lent and Advent, 1362; manner of preaching, 1363. Precedence: among various physical and legal persons, 82; of Cardinals, 184; of patriarchs, primates, arch- bishops, bishops, 215; of vicar- general, 273; of vicars forane, 324; of precedence among religious, 367; precedence of pastors and other priests, 358; App. III, 16, f; of ecclesiastical associations of lay persons, 595. Precepts: personal precepts bind everywhere; expiration of pre- cepts; difference between law and precept; precepts cannot be urged in ecclesiastical court unless given in form of legal document or before two witnesses, 18; precepts as a penal remedy, see Remedies, Penal. Prefect Apostolic: see Vicar Apos- tolic. Prefecture, Apostolic; parishes, 167. Prelates Nullius: to be called to a General Council, 174; meaning of term, 236; nomination and as- sumption of office, 237; powers, obligations, and insignia, 238; abbatial blessing and appointment of vicar-general, 238; consultors, vacancy of office, 239; prelate at- tached to palace of the Roman Pontiff, 240. Prescription: as adopted by the Church for ecclesiastical goods, 1497; ecclesiastical goods and rights that may not be acquired by prescription, 1498; Mass stipends divided into Primate: INDEX 711 and obligations to apply Mass for a certain intention cannot be pre- scribed, 1499; ecclesiastical offices and benefices cannot be pre- scribed, 1500; no right of prescrip- tion against authority, or from au- thority of some local Ordinary, 1501; no prescription against duty to pay the cathedraticum, 1502; sacred things of private individuals may be obtained by prescription, but cannot be put to profane use, 1503; immovable, movable precious goods, rights and claims, personal and real, of the Holy See demand one hundred years for prescription, but those of other legal ecclesiasti- cal persons thirty years, 1504; civil law of prescription accepted with some exceptions; good faith re- quired for valid prescription; pre- scription in the civil law of the United States, 1505; effect of change of the Code on former law on prescription, App. III, 5, d; prescription of criminal actions, 1664; of civil actions, 1668; of penalties, 2079. Presentation: penalty for abuse of right, 2249. Priest: special indult to confer Con- firmation, 681-684; question of power to confer subdeaconship and priesthood, 888; private property of priest is not ecclesiastical prop- erty, 1489; immigration of priests from Europe and Mediterranean countries to America and the Phil- ippine Islands, App. III, 7, h. honor and office, 210; rights, 211. Printing: printing and publishing of liturgical books reserved to the ‘Holy See, 1283; printing of mat- ters concerning causes of beatifica- tion and canonization may not be done without permission of the S. Congregation of Rites, 1402. Privation of Office, 147. Privileged Altar: Privilege, Pauline: see Pauline Priv- ilege. Cardinals enjoy privilege on any day, 184; persons who have power of—designate such altars, definition, 833; days of—, inscription; no larger stipend may be taken for Mass celebrated on such an altar, 834; _ priests who belong to the sodality, A Transitu S. Josephi, and those who have made the heroic act, enjoy the personal concession of the daily privileged altar, 834; for the dying, App. III, 34, ec. Privileges: those granted by the Holy See remain in force unless explicitly recalled in the Code, 4; how privileges are acquired, definition of privileges, 46; com- munication of privileges, 47-48; ha- bitual faculties are considered priv- ileges preter jus, 49; interpretation of privileges, 50; use of privileges, 51; concession, 52-57; privileges of bishops, 255-257; precedence of bishops, 255; privileges of indul- gences and throne of bishops, 257; privileges of religious organizations, communication of privileges, 529; all religious have privileges of cler- ics, 580; privileges of exemption of regulars, 531-532; autonomy of religious congregations of Papal rule, 533. Privilegium Canonis: penalties for violation of, 2198. Procedure: order of procedure in ecclesiastical trials, 1607-1612. Processions, Sacred: definition, 1313; Corpus Christi, 1314; other pro- cessions may be ordered by the bishop, 1315; religious with no parish attached cannot hold pro- cessions outside their churches and cloister without permission of the local Ordinary, 1316; no new pro- cession to be introduced or old ones to be abolished without permission 712 INDEX of the local Ordinary; duty of Ordinaries to regulate processions, 1317, App. III, 52, a; Blessed Sac- rament not to be carried on vehi- cles, App. III, 52, b. Procurators: in religious organiza- tions, 394,396; designation and office of procurator, general pro- curator, 397; procurator in law- suits, 1629-1636, App. ITI, 65. Professed Religious: rights and du- ties of temporarily professed, 486- 487; their legal standing in refer- ence to temporal goods, 488-492; goods of simply professed, 490; goods of solemnly professed, 491; loss of benefices by profession, 493; loss of proper diocese by profes- sion, 494. See Religious. Profession of Faith: when the faith- ful are bound to make this profes- sion, 1346; persons bound to make profession of faith in the form pre- sented by the Church, 1421; pro- fessors of theology and philosophy in religious organizations bound to make this profession by the Motu Proprio“ Sacrorum Antistitum,”’ 1422; penalty for neglect to make prescribed profession, 2259. Profession, Religious: requisites for validity, 478; profession of religious women in congregations of Papal law, 479, App. ITI, 22, a; profes- sion of novices subject to military service, 480, App. III, 22, c; tem- porary and perpetual profession, 481-482; formalities of profession, 483-485, App. III, 22, d; rights and duties arising from profession, 486-487; effects of profession con- cerning property, 488-489; effect of solemn profession on goods of religious, 490-491; renunciation forbidden in communities with simple profession, 492; loss of ben- efice and proper diocese by pro- fession, 493, 494; invalid profes- sion rectified, 495; solemn pro- fession a diriment impediment to matrimony, 1060; penalty for pro- fesson by deceit, 2243; penalty for unlawful profession, 2267; pen- alty for failure to notify local Or- dinary of profession in religious communities of women, 2268; — of nuns, App. III, 3, b; effect of change of law on requisites for profession, App. III, 22, b; see Religious. Professor: of Sacred Scripture in the seminary must at least have the baccalaureate from the Biblical Commission or the Biblical Insti- tute at Rome, 1384; professor of theology and philosophy in semi- naries and in religious organizations bound to make the profession of faith, 1422. Prohibition of Books: 1410-1420. See Books, Prohibition of. Promises: necessary in marriage with dispensation from disparity of cult, 1055; is the dispensation valid when the promises are made only to deceive? 1056; the Church does not dispense when non-Catholic party refuses to make the ante- nuptial promises, 1139. Promotion: of religious to dignities, offices and benefices, 540; effects of promotion of religious to the Cardinalate and episcopate, 541; abdication of Cardinalate or epis- copate by a religious, 542; rights and duties of religious promoted to pastorship, 543-544. Promotor Fidei: appointment in the process of beatification, 1911; duties, 1912. Promotor Justitice (Prosecutor): appointment and duties in ecclesi- astical trials, 1575; may be also defensor vinculi, 1577. Promulgation: of law, 8; of laws of the Holy See in the Acta A postoli- ce Sedis,9. Proof: valid proof of Baptism, 679; ee ee -INDEX valid proof of Confirmation, 695; facts which need not be proved, 1701; proof by witnesses, 1706- 129; weight of testimony, 1730- 1732; proof by experts, 1733-1741; proof by documents, 1744-1753. Propagation of the Faith, Congrega- tion of the: 196. Property, Temporal (of religious): see Goods, Temporal; penalties for offenses against, 2209. Pro-Prefect Apostolic: delegated fac- ulties to confirm, 684. Propriety, Public: diriment impedi- ment of—to marriage, differs in the new Code; first source, invalid marriage, 1073; second source, public or notorious concubinage, 1074. Prosecutor: see Promotor justitic: Prothonotary Apostolic: the vicar- general, if not a bishop, may wear the insignia of a prothonotary Apostolic, 273. Pro-Vicar Apostolic: delegated facul- ties to confirm, 684. Provincia: definition, 365. Provincial Council, see Council, Pro- vincial. Proxy: bishop who wishes to act as sponsor for a person whom he con- firms must use proxy, 1077; matri- monial consent may be given by proxy, 1089-1091; rules of law for marriage by proxy, 1092; plaintiff or defendant in court may use proxy, but must appear in person if the judge so orders, 1622; right of all parties in litigation to a proxy, and appointment of same, 1629; only one may be appointed, 1630; qualifications, 1631-1632; must have written mandate to repre- sent the party in litigation, 1633- 1634; rejection and removal, 1635; forbidden to buy the lawsuit or to make arrangements for immoder- ate profit, 1636. Publication: of names of secular 713 candidates for major orders in their parish church, 962-963; of forbidden books, see Books, Cen- sorship of; of process of canoniza- tion, see Canonization. Public Offices: forbidden to clerics, 110. Public Worship: obligation of relig- ious to obey orders of bishop con- cerning public worship, 528. Quasi-Domicile: 69-72. Quasi-Pastors: nomination, 332. Raccolta: official collection of au- thentic indulgenced prayers, 854. Real Estate: sale and lease of eccle- siastical property, 1534-1535. Rebuke: a penal remedy, see Rem- edies, Penal. Reception: into a religious organiza- tion, 426-486; the postulate, 427— 430; the novitiate, 431-480; tem- porary and perpetual vows, 481-— 486; penalty for failure to notify local Ordinary of reception into religious communities of women, 2268. See Religious. Recidivus: increased liability in offenses, 2039. Reconciliation: of desecrated church, 1214; persons who have power to reconcile a church, 1215. Records, Parochial: to be kept by the pastor, 348; pastor’s duty to keep records of Baptism, Confirma- tion, marriage, subdeaconship and solemn religious profession, 675; precautions to be observed, 676; care in recording Baptism of illegit- imates, 677, App. III, 29, d; when Baptism is not given by the proper pastor, the minister must inform the pastor, 678; records of Con- firmation, 695, App. III, 30; rec- ords of marriage, 1132; a personal duty of the pastor, 1133; manner of keeping proper baptismal rec- ords, 1134; parochial records are 714 INDEX public ecclesiastical documents and full proof of the facts put on rec- ord, 1744, 1746; penalties for care- less keeping of parochial records, 2239; penalty for unfaithfulness in the custody of ecclesiastical rec- ords, 2262. Rectors (of Churches): definition and appointment, 359; sacred functions which they may hold, 360; bishop may order divine ser- vices for convenience of the people, 361; pastor may take Communion to the sick if Blessed Sacrament is kept in church, 361; divine ser- vices, 362; removal of rector, 363. Reduction: of clerics to the lay state, 164-165; temporarily professed re- ligious in minor orders is by dis- missal reduced to the lay state, 567. Regulars: definition, 365; see Re- ligious; regulars who enjoy priv- ilege of exemption, 531; depend- ence of exempt regulars on local Ordinary, 532. Relations: of blood or marriage not affected by infamy of fact or of law, without prejudice to Canon 2147, which rules that an irremov- able pastor who keeps servants or blood-relations of disreputable character in his house is to be de- prived of his parish, 2134. Relationship: of blood and mar- riage, 73-74; spiritual, see Spirit- ual Relationship. Relics: veneration good and useful, 1304; special rules concerning ven- eration and custody, 1308; what relics may be exposed to public veneration, authentication of relics, 1309; must be enclosed in sealed cases, 1310; relic of Holy Cross in pectoral cross of bishop becomes property of the cathedral at his death, 1311; relics may not be sold, 1312; penalties for making and spreading false relics, 2179. Religio: definition of, 365; defini- tion of religio clericalis, and juris ° pontificit, 365. See Religious. Religious, Sacred Congregation of: general duties, 195. Religious: All religious communities are subject to the S. Congregation of Religious, 195; religious are. subject to the S. Congregation of the Propaganda as missionaries in countries subject to that Con- eregation, 196; who can remove religious pastors, 328; authorized translations of laws on religious, App. III, 18, a; definition of religious state, 364; definition of various religious terms, 365; repeal of particular laws of religious by the Code, 17, 366; Canons speak- ing of religious in the masculine apply also to women religious and vice versa, 366; precedence of re- ligious, 367; erection of diocesan congregations, 368; the Norme to be followed in erecting congrega- gations, App. III, 18, b; report of congregations in diocese by bishop, 369; spread of diocesan congrega- tions, 370; suppression of diocesan congregations, 371; division and changes of provinces, disposal of goods of extinct provinces, 372; establishment of diocesan religious in other dioceses, 373; their chap- ters of election, App. III, 18, f; erection of house of exempt relig- ious, 374; converting house to other uses, 375; suppression of a religious house, 376; obedience of religious to Roman Pontiff, 377; religious subject to local Ordinary, 378; power of superiors, 379-380; qual- ifications of religious superiors, 381; term of office, 382, App. III, 18, f; election of superiors, 383- 385; obligations of superiors, 386- 391; residence of superiors, 386; report of superiors, 387; visita- tion by superiors, 388; visitation = sal clits Wi inns iu calli a ee ea —- es ey eS Se ee ee INDEX 715 of local Ordinary, 389; matter of visitation, 390; administration of sacraments to religious, 391; titles of honor, 392; board of con- sultors for superiors, 393; consent of council required, 394; advice of council required, 395; procura- tor, 396; procurator-general, 397; vote of procurator-general, 398; confessors and chaplains of relig- ious, 399, App. III, 18, g; time and manner of confession of relig- ious, 400; confessions of Sisters, 401-406; confessor in convents of women, 401; extraordinary con- fessor of Sisters, 402; Sisters may confess to any approved confessor, 403; when seriously ill, Sister may call any approved confessor, 404; bishop appoints ordinary and ex- traordinary confessors of Sisters, 405; office of ordinary confessor of Sisters, time and reappointment of, ordinary: and extraordinary confes- sors of religious women, 406; laical religious, 407; authority of chap- lains, 408; manifestation of con- science may not be urged by superior, 409; temporal goods and administration, 410-425; invest- ments of money of religious, 413; alienation of goods and property of religious, 414-416; financial re- ports to local Ordinary, 417; con- tracts made by religious, 420-423; donations by religious, 424-425; admission into community, 426; postulate, 427; time of postulate, 428; postulate of lay brothers, 429; place of postulate, 430; novi- tiate, see Novitiate; solemn pro- fession, 490-491; renunciation of temporal goods forbidden in com- munities with simple vows, 492; profession and loss of benefices and proper diocese, 493-494; rec- tifying invalid profession, 495; studies in clerical religious organi- zations, 496-501; duties of relig- ious, 502-506; obligations of re- ligious exercises, confession and wearing of religious garb, 507-508; enclosure, 509-513; penalties for violation of enclosure, 514-516; obligation of enclosure of nuns, 5ifed2l Apo. As) 2) 230085 duties of sacred ministry and divine worship, 522-525; of the Divine Office, 525-526; Conventual Mass, App. III, 28, b; correspond- ence of religious, 527; obedience to bishop with regard to public worship, 528; privileges of re- ligious, 529-532; have privileges of clerics, 530; autonomy of congre- gations of Papal law, 533; en- forcement of jurisdiction of Or- dinary by penalties, 534; partici- pate in indults published by the local Ordinary, not however to the prejudice of their rule or constitu- tions, 535; collecting of alms by religious, 536-538, App. III, 24; privileges of abbots, 539; obliga- tions of religious promoted to ecclesiastical dignities or to par- ishes, 540-545; of transition to an- other organization, 546-550, App. III, 25; of egress from a religious congregation, 551-577, App. III, 26; rules concerning ordination of religious, 901; superior of exempt religious may issue dimissorials, necessary title for ordination of religious, 902; ordination of non- exempt religious, 903; episcopus proprius, of religious, 904; bishop to whom religious are to be sent for ordination, 905; right of relig- ious superior to prohibit reception of orders, 909; solemn profession a diriment impediment to matri- mony, 1060; professed religious de- prived of right of choosing place of burial, 1250; power of superiors to dispense from laws of fast and abstinence and of observance of holydays of obligation, 1272; keep- 716 ing of Blessed Sacrament in re- ligious houses and chapels, 1295, App. III, 51, b; religious with no parish attached to their church may not hold processions outside their church and cloister without permission of the local Ordinary, 1316; benefices which belong to religious must be given to members of that religious organization, 1450; Canons to be observed in trials for dismissal of religious, 1548; former laws on dismissal of religious, App. III, 5, b; proper forum for ecclesi- astical trial of a religious is the place where his religious house is located, 1555; competent court, 1570- 1571; religious have no right to act in court without consent of their superiors, except in specified instances, 1626; former laws for religious obliged to military ser- vice not abolished by the Code, App. III, 4, b; immigration of religious from Europe and Medi- terranean countries to America, Appel ile sseh Remedies, Penal: admonition, re- buke, precept and surveillance are preventive measures to avert lapse into grave offenses, 2147; one in the proximate occasion, or in grave suspicion of committing an offense is to be admonished by the Ordinary, 2148; cleric who causes scandal or grave disturbance of order, is to be rebuked by his Or- dinary, 2149; admonition and rebuke may be public or secret, 2150; if admonition or rebuke proves ineffectual, the precept or command is to be given, 2151; if the case is grave and there is danger of relapse, the Ordinary shall subject the person to surveil- lance, 2152; penances, 2153; the Ordinary may impose penances together with penal admonitions or rebukes, 2154, INDEX Remission of Penalties: by absolu- tion in case of censures and by dis- pensation in cases of vindicative penalties, 2076; in public cases the Ordinary can remit all penalties late sententie of the common law, with three exceptions, 2077; pardon extorted by violence or grave fear is invalid, 2078; condition of remission, 2079. Removable Pastors: status 328; pastors belonging to religious com- munities are, as individuals, always removable, 328. Removal of Pastors: bishop may for just and grave reason request pas- tor to resign the parish, 1997; eva- sion of invitation to resign, App. III, 75; hearing of pastor, bishop’s power to remove, only recourse of pastor is to the Holy See, 1998, App. ITI, 74; manner of procedure against pastor living under suspicious cir- cumstances with women, 2008; pastor who persists in neglect of his pastoral duties is to be re- moved by the bishop, after con- sultation with the examiners, 2014; penalty for illegal refusal to obey order of removal from office, bene- fice or dignity, 2257. Renegade: marriage of a Catholic with a renegade, 1044. Renunciation of Office: 143; tacit, 144; acceptance of renunciation, 145. Report: bishop’s report to Rome, 252, App. III, 18, c; report of major superiors to the Holy See, 387, App. III, 20; what religious must make financial report to bishop, 417. Reputation, Loss of: an impediment to ordination, 950. Rescission of Acts: actions for the rescission of acts, and for the restitutio in integrum, 1649-1652. Rescript: to whom granted, 25; right of a third party to refuse a INDEX rescript obtained without his knowledge, or against his will, 26; cessation of rescript, 26; when it comes into force, 27; essential conditions, 28-29; truth of the conditions must be verified, 30-31; renewal of refused petition, 32-33; error of name, place or matter does not invalidate, provided there is no doubt in the mind of the Ordinary as to identity of the person or object, 34-35; con- fliction of rescripts, 36; interpreta- tion of rescripts, 37; execution of rescripts, 38-39; time of presenta- tion and execution, 40-42; error in execution, tax for execution, 43; may be revoked by superior, but are valid until subject is notified, not revoked by contrary law, 44; when they are revoked by vacancy of Holy See and diocese, 45. Reservation of Sins: definition, 799; those who have ordinary power to grant faculties can also reserve sins to their own tribunal, 799-800; general rules, 801-804; reservation of false denunciation, 805; solici- tation not reserved, 805; how Ordinaries should make reserva- tions, 806; reservations in excempt religious organizations, 807; re- served cases must be few in num- ber, 808; Papal cases not to be reserved by inferior authorities, 809; enforcement of and absolu- tion from diocesan cases, 810; faculties of canon penitentiary to absolve, 811; faculties of pastors in paschal season and of mission- aries, 812; circumstances under which reservations cease, 813-814. Residence: of bishop, 249; of pas- tor, 341; of assistant priest, 355; of religious students, 496; manner of procedure against clerics violat- ing law of residence, 2002; no cleric may leave his diocese for a notable length of time without per- 717 mission of the Ordinary, 2002; punishment by bishop of clerics who violate law of residence, 2003-2007; penalty for violation of law of residence, 2237. Resignation: see Renunciation; pen- alty for resignation of office, bene- fice or dignity into the hands of a layman, 2256. Retreat: diocesan retreat at least once in three years, 96; yearly re- treat of religious, 507; time and place of retreat before ordination, 964. Retroactive force of laws of the Code: 10, App. III, 5. Revalidation of Marriage; simple validation of a marriage invalidated by some diriment impediment, 1176; renewal of consent, 1177— 1179; revalidation of marriage invalidated by defect of form, 1180; the sanatio in radice, 1181- 1185. Rights: under what conditions ac- quired rights remain in force, 4; rights and privileges of clerics, orders, jurisdiction, benefices and pensions, 91; all lawsuits for rights must be in ecclesiastical courts, 92; right of freedom from military ser- vice, 93; clerics may not renounce privileges, 94; exclusive right of the Church to divide and govern all territorial sections, 166; rights and privileges of novices, 471; right of novice to profession in danger of death, 472; rights and duties of the married state, 1144; wife shares in rights of the hus- band, 1145; joint rights and duties towards the children, 1146. Rites, Congregation of: general du- ties, 197. Rites: persons of various Rites, 75; Latin and Oriental Rites in Bap- tism, 650, App. III, 29, a; priest of one Rite may give Communion in species of another, and faithful 718 INDEX | may receive Holy Communion in any Rite, save as Viaticum, 628; priest of one Rite may not celebrate in another, 718; in urgent neces- sity a priest may give Viaticum in different Rite, 747-748; Com- munion of devotion in different Rite, 765; marriage of persons of different Rites, ordinarily to be be- before the pastor of the groom, 1116; laws concerning the form of marriage of Catholics of Oriental Rites, 1126. Roman Curia: see Curia. Roman Pontiff: election, 123; mod- ification of Constitution on elec- tion, App. III, 8, a; has supreme power of jurisdiction by divine right, 171; may resign office, 172; has the highest legislative, admin- istrative and judicial power in the Church, can be brought to trial by no one, 1549; all the faithful have the right of trial by the Pope, 1561; he is the supreme judge of the entire Catholic world, and tries cases, either in person or through delegates, 1582. Roman Rota: see Rota, Sacred Roman. Rosary of the B. V. M.: manner of recital to gain the indulgences, App. III, 37, e. Rosaries; blessing of rosaries with indulgences by Cardinals, 184; by bishops, 256; indulgences not lost if rosary is given to another person after use by first owner, 840, App. ITI, 3, e. Rota, Sacred Roman: the ordinary tribunal constituted by the Holy See to receive appeals, selection and duties of its auditors, 1584; as a court of first and second in- stance, 1584; no appeal from de- crees of Ordinaries to the Rota is granted, 1585, App. III, 63; appeal from Rota is to the Signa- tura A postolica, 1587. Rule: of religious organizations to be approved by the S. Congrega- tion of Religious, 366. Rulers: matrimonial cases of rulers to be tried by that court which the Supreme Pontiff will delegate in each individual case, 1868. Sacramentals: lose indulgences upon sale, 840; definition of; Holy See alone can constitute new sacra- mentals, 1187; minister, 1187; consecrations can be performed by a bishop, or by a priest with a Papal indult, 1188; rites to be ob- served in the blessing of sacra- mentals, invocative and constitutive blessings, 1189; sacramentals may be administered to non-Catholics; reverence due them, 1190, App. III, 45, a; distribution of ashes on first Sunday in Lent, App. III, 45, b; blessing of candles for feast of St. Blase, App. III, 45, c. See Exorcisms. Sacraments, Congregation of the: general duties, 193. Sacraments: instituted by Christ, and may not be administered to heretics or schismatics, 624; ques- tion of administration to non-Cath- olics of good faith, 625-626; sac- raments that imprint a character, rebaptism, 627; rites and cere- monies in the administration of the sacraments, 628; use of holy oils, see Oils, Holy; no payment to be exacted for the administration of sacraments, 631; their adminis- tration to the dying is not for- bidden when a place is under a local interdict, 2111; penalty for administration to forbidden per- sons, 2220. Sacred Penitentiary: jurisdiction limited to the internal forum (sac- ramental and non-sacramental), absolutions, dispensations, etc., 202; decides questions of indul- : INDEX gences, 202; extent of powers same as before the Code, 1018. Sacred Scripture: seminary professor must at least have the baccalau- reate from the Biblical Commis- sion or the Biblical Institute at Rome, 1384; books treating of the Sacred Scripture may not be pub- lished by either clerics or laymen without permission, 1399; transla- tion must be published with ex- planatory notes and the approval of the local Ordinary, 1406; edi- tions of original texts by non- Catholics, forbidden except to stu- dents of theology, 1414, 1416; excommunication against unauthor- ized publishers of books of Sacred Scripture, 2165. Sacred Orders, Abuse of: punished by irregularity, 941. See Orders. Sacrilege and Superstition: guilty persons to be punished by the Or- dinary, 2178. Salaries: bishop must consult con- sultors on questions regarding sal- aries of pastors, 310. Sale: by sale blessed articles lose their indulgences, 840; in the sale and exchange of sacred objects the price must in no way be raised on account of their consecration or blessing; sale and lease of church real estate, 1534. Sanatio in Radice: riage): 1181-1185. Scandal: cleric who gives grave scandal is to be deprived of the right to wear ecclesiastical garb, and prohibited the exercise of ecclesiastical ministry, 2141. Schismatic Orders: validity of, 881. Schismatics: definition, 1346; incur irregularity, 934. Schools, Catholic: children of Cath- olics must be sent to such schools, 1390; Catholic children should not be sent to non-Catholic schools, 1391; right of the Church to have (of the mar- 719 schools, 1392; local Ordinaries should take care that schools are established, 1394; clerics in schools, 1395; bishop’s right of super- vision of schools, 1396; local Or- dinaries have right to visit and supervise schools, 1397. See Uni- versities, Seminary. Seal of Confession: obligation, 795; what is to be avoided, 796; pen- alties for violation, 2225. Seasons: closed season for the sol- emnization of marriage, 1139; sacred seasons, 1271-1275. Secrecy: those bound to secrecy in ecclesiastical trials, 1602; punish- ment of those who violate the se- crecy of ecclesiastical trials, 1605. Secret, Archives: see Archives. Secretariate of State, Papal: duties and divisions, 207. Secularization: see Egress. Seminarians: see Seminary; sem- inarians who die in the seminary are to be buried by the rector of the seminary, who has parochial rights over all persons who live in the seminary, 1249. Seminary: studies subject to Con- gregation of Seminaries and Uni- versities, 200; bishop bound to have seminary for education of candidates for priesthood, 912; all who aspire to sacred orders are bound to live in the seminary at least during entire course of the- ology, 912; approval of professor of Sacred Scripture, 1384; rector may not hear confessions of the seminarians, 797; right of the Church to have seminaries, 1366; ordinarily there should be a major and a minor seminary in each dio- cese, 13867; civil privileges of semi- naries in the United States, 1368; all priests admonished to foster voca- tions to the priesthood, 1369, App. III, 7, f; bishop may provide for support of seminary by collections, 720 INDEX tax or annexation of benefices to the seminary, 1870; who must con- tribute to the seminary tax, 1371- 1372; administration of the sem- inary, 1373-1376; confessors in the seminary, 1377; use of legacies for the education of clerics, 13878; qualifications of students for ad- mission, 1379; studies, 1380-1384; religious exercises, 13885; seminary is exempt from parochial jurisdic- tion, the rector having parochial rights over all residents, 1386; duties of rector of, 1387; dismissal of unsuitable students, 1388; sem- Inaries in charge of religious organi- zations, 1389; Papal instruction concerning seminaries, App. III, (eek Seminaries and Universities, Congre- gation of: general duties, 200. Sentence: see Trials. Separation: novices must be sep- arated from the professed, 467. Separation of Married Persons: valid consummated marriage of Christians cannot be dissolved by human authority, but under cer- tain conditions non-consummatedct marriages may be dissolved, 1151; solemn religious profession dis- solves unconsummated marriage, and Pope has power to dissolve for other reasons, 1152; Pauline priv- ilege, see Pauline Privilege; power of Church to permit separation, 1162; reasons for separation, 1163; innocent party has right to per- petual separation, 1164; condi- tions of separation in case of adul- tery, 1165; separation is also jus- tified by heresy of one party, 1166; by education of a child as a non- Catholic, 1167; by criminal and disgraceful life, 1168; by danger of grave bodily or spiritual harm, 1169; by cruelty which makes common life too difficult, 1170; the cause for separation must be sub- mitted to local Ordinary, 1171; Catholics and civil divorce, 1172~ 1173; the innocent party has cus- tody of the children after separa- tion, 1174; separation by mutual agreement, especially in the case of foreigners in the United States who have not as yet brought their fami- lies into the country, 1175. Sequestration: right of one who has a right over a thing to obtain from the judge the sequestration of that object, 1641-1643. Server: Mass should not be said without a server, 716; people an- swering in place of server, App. III, 31, d; when server should ring small bell, App. III, 31, e. Service of the Diocese: canonical title for ordination, 921-922. Service of the Mission: canonical title for ordination, 921-922. Services: power of local Ordinary to regulate services in parochial churches, even those of exempt re- ligious, 1210. Sick: concessions regarding the Eu- charistic fast, 755-758; who may administer devotional Communion to the sick, 745; who the Viaticum, 746. Signatura, Apostolic: jurisdiction, 203, App. III, 64; constitution and eases tried before it, 1586; it passes on petitions to the Supreme Pontiff to obtain commitment of a case to the Rota, 1586; acts in appeals from the Rota, 1587; sen- tences, 1588. Simony: definition, forbidden by the divine law, 613; a bilateral agree- ment, 614; temporal price for spiritual thing, 615; simony by divine and ecclesiastical law, 616; divisions, 617; juridical conse- quences, 618-621; offerings for the administration of the sacra- ments, 622; selling of things with something spiritual annexed, 623; 4 ’ ‘ a f INDEX 721 penalty for simony in the admin- istration or reception of the Sacra- ments, 2227; penalty for simony in conferring or accepting ecclesias- tical offices, benefices and digni- ties, 2248. Slaves: impeded from ordination, 947; error as to free state of other party invalidates marriage, 1081. Societies: of men and women lead- ing a community life without vows, 578-580; not religious organiza- tions properly so called, approval of, 578; erection and suppression, administration and privileges, 579; dismissal of members, 580, App. III, 27, b-e. Societies of Lay Persons: not erected by the Church, 582; au- thority of bishop, App. III, 28. Societies Forbidden to Catholics: 2188-2190. Society of Jesus: simple vows a dir- iment impediment to matrimony, 1060. Solicitation: obligation of denounc- ing guilty confessor, 805; penal- ties for false accusation of con- fessor, 2218-2219; penalties for solicitation in connection with confession, 2224, s« Sons of Temperance: forbidden so- ciety, 2190. Souls in Purgatory: indulgences may be gained for, 848. Species: forbidden to consecrate one species without the other, 719; penalty for desecration of the Sacred Species, 2170. Spendthrifts: status of in court, 1625. Spiritual Relationship: contracted in Baptism by minister and sponsor with subject only, 666; of spon- sors in Confirmation, 691-694; only the spiritual relationship contracted in Baptism is a diriment impedi- ment to marriage, 1075-1077. Sponsor: members of religious com- munities forbidden to act as spon- sors, 486; history of sponsors in Baptism; impediment contracted by sponsors, 655; sponsors in pri- vate Baptism, 656; in doubtful Baptism, 657; number of sponsors in Baptism, 658; requisites for valid sponsorship in Baptism, 659- 663; requisites for licit sponsorship in Baptism, 664-665; spiritual rela- tionship contracted by sponsors in Baptism, 666; duties of sponsors in Baptism, 667; sponsors in sacrament of Confirmation, 691- 694; effect of the change of law, App. III, 5, ce. See Confirmation. Sponsorship: see Sponsor. State: has no jurisdiction as far as the validity or licitness of marriage is concerned, 1866; power of state with regard to mere civil conse- quences of marriage, 1867. State, Secretariate of: see Secre- tariate of State, Papal. State of Grace: necessary to gain in- dulgence, 842. Stations of the Cross: Cardinals may erect anywhere, 184; faculty of bishops, 256. Sterility: not authoritatively defined by the Church, 1049. Stipends, Mass: subject to the Con- gregation of the Council, 194; priest may receive only one when he celebrates more than once a day, 723; remuneration for second or third Mass on All Souls’, App. III, 3, c; laws concerning stipends, 724; various kinds, 725; abuses to be avoided, manner of application, 726, 728, App. III, 32, e-d; obliga- tion of saying the Mass when the stipend has been lost, 727; interpre- tation of large stipend, 728; right of local Ordinary to fix amounf of sti- pend, 729; obligations arising from acceptance of stipend, 730; time of fulfillment of obligation, 731; num- ber of stipends one may receive, 722 732; transfer to other priests, 733-736; transfer to priests of other dioceses, App. III, 3, d; transfer to priests of Oriental Rites, 736; entire stipend must be transmitted if it is manual, but not if it is ad instar manualium, 737; definition of stipends ad instar manualium (or foundation Masses) and laws governing such, 738; sti- pends may not be held over one year, 739; duty of local Ordinary to supervise fulfillment of obliga- tions, 740; record of Mass sti- pends, 741-742; larger stipend may not be exacted on account of a privileged altar, 834; Mass sti- pends, and the obligation to say Mass for a certain intention are not subject to prescription, 1499. Stipendia Manualia are personal property of priest who says the Masses, 2122; interpretation of special concessions in regard to stipends, App. III, 32, a; paying board by saying of Masses for the intention of the pastor, App. III, 32, b; penalties for violation against laws governing stipends, 2177. Stole Fees; are the property of the pastor, 339; in some dioceses in the United States these are the prop- erty of the parish, 2122. €trangers: binding force of laws on strangers, 12; strangers in the city of Rome and their rights in regard to trial for offenses, 1554. See Peregrini. Studies: after ordination, 98; in clerical religious organizations, 496- 501; houses of studies and mem- bers of, 496; master of studies, 497; courses of philosophy and theology, 498, 1881; examinations of priests, 499; conferences, 500; attendance of clerics at secular uni- versities, App. III, 7, g; religious in secular universities, 501; neces- sary studies before reception of INDEX orders, theological studies may not be made privately, 918; vari- ous branches of studies in semi- naries, 1380; qualifications of pro- fessors, 1882; bishop with the seminary board to determine the plan of studies in the seminary, 1383; four years of theology, 1384. Suffrage: right of, 124-128. Suffrages: right of novices to suf- frages of professed, 471, App. III, JAN ip Suicide: those who deliberately attempt suicide incur irregularity, 939; penalties for attempted self- destruction, 2205. Superiores Majores: definition, 365. Superiors, Religious: subject to the Roman Pontiff, 377; jurisdiction, 379-382; term of office, 382; elec- tion, 383-385; obligations, 386- 387; visitation, 388-390; admin- istration of Last Sacraments to subjects, 391; council of the su- perior, 393-397; superior may not hear confessions of subjects, 399; forbidden to induce subjects to make manifestation of conscience, 409; investments of money by superior, 413; limits of expendi- tures of superior, 414-416; ac- count of administration to local Ordinary, 417; faculties for ex- penditures in the United States, 418-419; permission of superior necessary for contracts of subjects, 420; contracting of debts, 421; order liable for damages caused by superior, 422-423; donations of superior, 424-425; right to receive candidates, 426; reception of can- didates, 440; superior issues testi- monials, 446; invests dowries, 450; dismisses novices, 477; may pro- long time of temporary vows, 481; may permit renewal of temporary vows, 484; approves studies, 496; bound by common life, 503; his obligations toward subjects, 507; et ee a a ~ rT” Se a ae — ~ ——. +. aS, INDEX must fix limits of enclosure, 509; must supervise exercise of sacred ministry and divine worship by his subjects, 522; is responsible for celebration of Divine Office, 525; governs correspondence of sub- jects, 527; power of major superior to dismiss subjects from religious organization, 571; superiors who have power to grant faculties may reserve cases to their tribunal, 800; power to grant faculties for preaching, 1855; superiors who have coercive power, 2055-2056. Superstition and Sacrilege: guilty persons to be punished by the Or- dinary, 2178. Supplied Jurisdiction: 161-162. Suppression: of religious organiza- tions, provinces and houses, 371; permission of the Holy See or of the local Ordinary required in such cases, 376; the penal sup- pression or transfer of an episcopal see is reserved to the Roman Pon- tiff; suppression or transfer of a parish is reserved to the Ordinary after consultation with the chapter (diocesan consultors), 2133. Supreme Pontiff: see Roman Pontiff. Surveillance: see Remedies, Penal. Suspension: definition, can be in- flicted only on the clergy, 2120; various kinds, 2121; suspension from benefice and from office; what forbidden, 2122-2125; suspension of a community or college, 2126. For suspension ex informata con- scientia, see Ex Informata Con- scientia, Suspension. Synod, Diocesan: time of, 262; _his- tory of, 263; persons to be called, 264; subjects to be — discussed under supreme direction of bishop, 265. Synodal Examiners: duties, 284; duties are compatible with those of religious life, 540. See Exam- iners, Synodal, 284. 723 Synodal Judges: to be appointed in every diocese (but must not ex- ceed twelve in number) and to act with delegated power, 1565. Tabernacle: for the reservation of the Blessed Sacrament, must be immovable and placed in the mid- dle of the altar, custody of the key, 1297. Tablets, Memorial: of deceased in churches and crypts, App. III, 46, b. Tacit Jurisdiction: in the Sacrament of Penance, 782. Tax: no tax may be demanded by the bishop for examination of Sis- ters before reception and_profes- sion, App. III, 21, d; tax covering expenses of dispensation in mar- riages and funeral offerings to be fixed by the local Ordinary, 631; seminary tax may be levied by the bishop, 13870; who must contrib- ute to the seminary tax, 1371-1372; local Ordinary has a right to an annual tax or cathedraticum, 1494, App. ITI, 58, a; for special needs the bishop may impose extraordin- ary taxes, 1495; tax levied in the conferring of a benefice, App. III, 56, d; what taxes to be fixed by Provincial Council, 1496, App. III, 58, b; penalty for refusal of legiti- mate tax, 2204; penalty for illegal exaction of tax, 2264. Teachers: must promote veneration for the Blessed Eucharist, 1301. Teaching Authority (of the Church): nature and history, 1343; power of definition, 1344; in condemnation of heresy, 1345; bishops as teachers and leaders of the faithful, 1347. Telephone and Telegraph: use in ap- plying for dispensations forbidden, 1011, App. ITI, 41, a. Temporalities: of the Apostolic See administered by the Camera Apos- tolica, 206. 724 Tempus Continuum: an interval | of time which suffers no interrup- tion, 24. Tempus Utile: aninterval of time which begins only after knowledge of a fact, 24. Tertiaries: see Third Orders. Testimonials: necessary for recep- tion into a religious organization, 441-445; manner of giving, 446— 447; refusal of testimonials by head of school, App. III, 21, ¢; testimonials necessary for candi- dates to ordination, 958; special rules about testimonials from vari- ous dioceses wherein candidate had temporary residence, 959; testi- moniais to be issued by religious superiors, 960. Theatrical Performances: attendance forbidden clerics, 111. Theology: see Studies. Theosophism: Catholics forbidden to join theosophistic societies or attend meetings, App. III, 78, b. Third Orders: one may not belong to several, 589; definition, 596; no new Third Order may be erected; permission of bishop necessary for erection of sodality, 597; religious may not be received into Third Order, 598; rules governing trans- fer of members, insignia and habit, 599; privileges with regard tea Papal Blessing and General Absos lution, 832. Time: manner of reckoning, 22-24; for the observance of ecclesiastical fast and abstinence and the recital of Divine Office, any recognized way of estimating time may be followed (daylight saving, etc.) 23; computation of day, month and year, 24; computation of time of novitiate, 456, App. III, 21, e; time for the celebration of Mass, 720; time for visits to church or oratory on days of indulgence, 839; time and place of ordination, 969; INDEX marriage may be contracted at any time of the year; solemnity of marriage forbidden during closed seasons, but diocesan law cannot forbid marriage at any season, al- though bishop has right to forbid marriage in the evening, 1139. Tithes: where there is a special law, the faithful are bound to pay them, 1492. Title: of church, 1207; transference of title to another church, 1224; title of altar, 1233. Title to a Benefice: pastor may hold title to one parish only, 336. Title of Ordination: canonical title for secular clergy, 921-922; for religious, 923; conditions on which benefice which was title of ordina- tion may be renounced, 1479. Tonsure: reception of first tonsure as initiation into the ranks of the clergy, 84; by tonsure a cleric is incardinated into a diocese, 87, 890, 893; history of tonsure, 879; tonsure to be conferred only on those who intend to advance to the priesthood, 913. Toties Quoties: See Indulgences. Transfer of Pastors: procedure in the transfer of pastors, power of Or- dinary to transfer, 1999; if pastor refuses to accept transfer, Ordinary must consult two parochial con- sultors on reasons of transfer and conditions of the two parishes, 2000; if, after consultation, Or- dinary still wishes the transfer, he shall repeat the exhortation, and pastor is bound to accept, subject only to recourse to the Holy See 2001. Transfer from an Office: 148. Transition: from one religious organ- ization to another, 546-550, App. III, 25; regulations concerning permission to changes, 546; habit of new novitiate, 547; novitiate and profession, 548; transition INDEX 725 from ‘monastery to monastery, rights and obligations, temporal goods, 549; solemnity of vows ex- tinguished, 550. Translations: authorized translations must be used to gain indulgences attached to prayers, 853; transla~ tions of forbidden books, con- demned by the Holy See, also for- bidden, 1411. Trials, Canonical: for dismissal of religious, 571-575; who must be given benefit of trial, 571; pre- requisites of, 572-573; procedure, 574; trial of a religious summarily dismissed, 575; ordinary trials, 1545; definition of ecclesiastical, and subject matter of canonical trials, 1546; cases subject to eccle- siastical trial, 1547; laymen can- not be appointed by Ordinary as judges in ecclesiastical trials, App. III, 62; courts which are bound to follow procedural law of the Code, 1548; of the competent forum, Roman Pontiff cannot be brought to trial by any one, 1549; cases re- served to the Holy See, 1550; com- petency of the judge and court, 1551; necessary forum, 1552; or- dinary forum, jurisdiction of local Ordinary, 1553; trial of a stranger in Rome, 1554; forum of a vagus and of a religious, 1555; location of the thing may be the place of trial, 1556; trial before local Ordinary of place where contract was made, provided party to be sued is staying in the place of con- tract, 1557, App. III, 61, b; by an offense one becomes subject to the forum of the place, 1558; complica- tionof fora, 1559; when two or more judges are equally competent, he has the right to try the case who first issued the summons, 1560; various stages and species of tri- bunals, all the faithful have the right of trial before the Holy See, right of the Supreme Pontiff to try any case, 1561; tribunals of vari- ous cases, judge cannot try same case in another instance, appeals are to be addressed to a higher court, 1562; the ordinary tribunal in the first instance, 1563; the Judge, if question is of rights of the bishop, it is to be tried by a board of three judges of the diocese; bishop can- not judge case where he is person- ally interested, 1563; the officialis (or diocesan judge) see Officialis; synodal judges, 1565; trial by one judge; what cases must be tried by several judges, 1566-1568; what cases the bishop may preside over, 1569; competent court for religious, 1570-1571; auditors and referees, 1572-1573; at every trial there must be a notary who acts as secretary, the acts of the trial being invalid unless subscribed by him, 1574; offices of promotor justitie and defensor vinculi, 1575-1577 (see Promotor Justiticw and De- fensor Vinculi); couriers (mes- sengers) and apparitors (executors of the sentence and decrees of the judge), appointment and duties of, 1578; Ordinary Tribunal in the Second Instance, 1579; in exempt religious organizations appeal from the Provincial Superior is to the supreme head, 1580; Constitution of the Court of Appeal, 1581; Or- dinary Tribunals of the Apostolic See, 1582-1588; the Roman Pon- tiff is the supreme judge for the entire Catholic world, 1582; Sa- cred Roman Rota, 1583-1587 (see Rota, Sacred Roman); the Sig- natura Apostolica, 1586-1588 (see Signatura, Apostolic); Delegated Tribunal, appointment and office of delegated judges, 1589; rules to be observed by the courts, the competent judge may not refuse his services to any one who legiti- 726 mately applies to him, 1590; ques- tion of competency of judge, 1591- 1592; judge should not accept a case in which he might be inter- ested, 1593; objection to a judge as suspected, 1594; exception of sus- picion taken against the Ordinary trying the case, 1595; when the judge is declared suspected, 1596; in private affairs the judge may interfere only at request of either party, in public, however, the judge may proceed ex officio, 1597; plea and defense, 1598; procedure should be speeded, without preju- dice, however, to justice, 1599; those who should take the oath, 1600; nature of the oath, 1601; those bound to secrecy, 1602; judges and other officials may not accept presents on the occasion of the trial, 1603; delinquencies of judges and _ procedure against, 1604-1605; judge may force plain- tiff to give security for observance of the ecclesiastical sentence, 1606; order of procedure, all cases should, as a rule, be tried in order of pres- entation, 1607; exceptions must first be proposed and ruled on, 1608-1609; presentation of counter- suit and counter-charge, 1610; questions about security to cover cost of trial, and similar points are usually to be settled before the con- testatio litis, 1611; issues arising from submission of principal ques- tion, 1612; terms of postponement and fatalia legis, 16138; place and time for court sessions, 1614-1616; persons to be admitted to court sessions, 1617-1618; the manner of drawing up and preserving judi- cial acts, 1619-1621; parties to a trial, plaintiff and defendant, 1622- 1628; proxies in litigations and ad- vocates, 1629-1636; actions and exceptions, 1637-1668; sequestra- tion of goods and injunction of the INDEX exercise of rights, 1641-1643; ac- tions to halt new enterprises and obtain security against danger to one’s property, 1644-1645; actions arising from nullity of acts, 1646— 1648; actions for the rescission of acts and the restitutio in integrum, 1649-1652; actions and counter- actions, 1653-1655; possessory ac- tions or remedies, 1656-1662; ex- tinguishment of actions, 1663- 1668; introduction of a case, 1669-1683; the bill of complaint, 1669-1672; the summons and noti- fications of judicial acts, 1673- 1683; contestatio litis (joining of issues), 1684-1689; the instance of a suit, 1690-1695; interruption of a lawsuit, 1691-1692; abate- ment of a lawsuit, 1693-1694; renunciation of the instance and of procedural acts, 1695; interroga- tion of the parties in court, 1696— 1700; proofs, 1701-1763; the con- fession of the parties, 1703-1705; witnesses and testimony, 1706- - 1707; persons who can be wit- nesses, 1708-1709; introduction, exclusion and number of witnesses, 1710-1715; the oath of witnesses, 1716-1718; examination of wit- nesses, 1719-1725; publication and rejection of the testimony of wit- nesses, 1726-1728; compensation of witnesses, 1729; appraisal of depositions of witnesses, 1730- 1732; experts, 1733-1741; judicial access and inspection, 1742-1748; documentary proofs, 1744-1753; nature and weight of documents, 1744-1748; exhibition of docu- ments and the action to force their exhibition, 1749-1753; presump- tions, 1754-1756; oath of the par- ties, 1757-1763; of incidental cases, 1764-1782; contempt of court, 1768-1776; contempt of court by plaintiff, 1774-1775; in- tervention of a third party in a a INDEX 727 case, 1777; attempts prejudicial to the object in controversy pend- ing the litigation, 1778-1782; pub- lication of the process, closing of the case, and pleading, 1783-1790; final pleading, 1786-1790; the sentence, 1791-1799; legal reme- dies against the sentence, 1800- 1819; the appeal, 1801-1811; com- plaint of nullity against the sen- tence, 1812-1816; opposition of a third party, 1817-1819; the res judicata, 1820-1822, App. III, 68; reinstatement in former position, 1823-1825, App. III, 69; cost of trials, 1826-1830; gratuitous legal service and reduction of° judicial expenditures, 1831-1832; execu- tion of the sentence, 1833-1840; ways of avoiding civil trials, 1841- 1848; of compromise, 1841-1844; compromise by arbitration, 1845- 1848; of criminal trials, 1849- 1865; actions of accusation and denunciation, 1850-1852; the in- vestigation, 1853-1857; the rebuke of the offender, 1858-1863; the criminal prosecution and the sum- mons of the offender, 1864-1865; matrimonial cases, 1866-1900; the competent forum, 1866-1872; con- stitution of the tribunal, 1873- 1875; duties and rights of the defensor vinculi, 1874-1875; right to attack marriage and _ petition for dispensation of unconsummated marriage, 1876-1879; of proofs, 1880-1882; bodily inspection, 1883-1886; introduction of expert testimony in cases of alleged insan- ity, 1887; publication of the process; closing of the evidence and sentence, 1888-1890, App. III, 67; defensor vinculi makes final plea, 1889; appeals, 1891- 1894; of cases exempted from the formalities of an ordinary trial, 1895-1898; appeal from declara- tion of nullity, 1899-1900; cases against Sacred Ordination, in which the obligations contracted by or the validity of sacred ordination are attacked, 1901-1905; in trials for removal or transfer of pastors, and in proceedings against clerics who break the law of residence or are guilty of concubinage or against pastors neglectful of their pastoral duties, summary proceedings are to be instituted, 1985; from deeree of punishment for cases mentioned in 1985 only appeal is to the Apos- tolic See; appeal does not suspend sentence of the bishop, 1986. Tribunals of the Roman Curia: 202- 203. Trustees, Board of: duty to care for proper administration of church property, 1222; lay trustees have no right of patronage where a church is built, endowed, and main- tained by voluntary offerings of the faithful, 1454; office, qualifica- tions and appointment of trustees who are to assist the pastor in the administration of the parish are to be determined by the statutes of the diocese, 1514. Unbaptized; unbaptized infants of Catholics may not receive Christian burial, 1211; unbaptized persons may not receive ecclesiastical bur- ial, except catechumens, 1267. Unction, Extreme: how it is admin- istered, 857; form or words, 858; administration reserved to the pastor, 859; obligation of pastor to administer, 860; subject must be of age of discretion and be in danger of death through illness or old age, 861; degree of danger, 862; may be administered only once in same sickness, 863; in doubt whether person is fit sub- ject, it may be given conditionally, 864; cannot be given to those who 728 INDEX stubbornly persevere in mortal sin; and, where this is doubtful, must be given conditionally, 865; administration to unconscious per- sons, 866; obligation to receive, 867; rites and ceremonies, blessing and custody of the Holy Oils, 868; anointing of the five senses united with the words, 869; use of instru- ment, 870. United States: states which hold legal adoption an impediment to marriage, 1038; civil law on assist- ance of priests at marriage, 1109; not customary for priest to accom- pany body to cemetery, 1260; days of fast and abstinence in U. S., 1278-1279; freedom of the Church to erect and maintain seminaries, 1368; question of benefices in the U.S., 1423; to have legal standing in American civil law, a benefice must be incorporated, 1431; right of patronage is not admitted in U.S., 1454; civil laws of prescrip- tion apply also to the Church in the U.S., 1505; pastors in U.S. are often assisted in temporal adminis- tration by two lay trustees, their number and appointment being left however to the statutes of each diocese, 1514; faculties of bishops in U.S. to reduce Mass obligations arising from pious foundations, 1544; in some dioceses of U.S. the stole fees are the property of the parish, 2122. Universities: Congregation of Sem- inaries and Universities, 200; clerics studying in secular universities, 501, App. III, 7, g; erection of Catholic universities reserved to the Holy See, faculties to issue degrees, rights of doctors with such degrees, 1393; the Catholic University at Wash- ington, 1393; erection and support of universities, 1394; clerics and priests to be sent to Catholic uni- versities, 1395. Utensils Sacred: see Furnishings, Sa- cred. Vacancy of an Episcopal See: 312- 314; acts of vicar-general before notice of, are valid, 312; vacancy caused by transfer of bishop, 312; during first eight days after vacancy Cathedral Chapter (or consultors) rule, unless otherwise provided by the Holy See, but must within those days elect vicar-capitular or dio- cesan administrator, 313, 314; vacancy of an abbacy or prelature nullius, 314. Vacancy of a Parish: see Adminis- trator, Parochial. Vacation: of pastors, 342; of bishops, 249. Vagi: definition, 12; bound by gen- eral and particular laws of places, 12, 68; save in the case of neces- sity, pastor may not marry vagi without referring the matter to the local Ordinary, 1002, 1113; are subject to the pastor in whose parish they actually stay, 1112; have their proper forum, for eccle- siastical trial, in the place where they actually stay, 1555. Validation of Marriage; 1176-1185; not affected by abrogation of former impediments, App. III, 5, ec. —of Invalid Religious Profession: 495. Venerable: title does not imply per- mission to honor with public cult, 1968. Veneration: of the saints, sacred images and relics, 1304-1312. Verbal Injury: penalties for those causing such injury to clerics, 2199. Vessels, Sacred: see Furnishings, Sacred. Vestments: of the priest, bishop and Cardinal at Mass, 714, Viaticum: administration to relig- ious, 391: administration in the parish reserved to the pastor, 746, INDEX 729 Vicar-Apostolic: 223-232; nomina- tion and appointment, rights and faculties, 223; has no right to be mentioned in Canon of Mass, App. IiI, 12; must make report to Holy See on state of mission, 225, App. III, 18, e; clerics subject to Vicar Apostolic, 224; visit ad limina, 225; residence, 226; archives, 227; care of native clergy, 228; Missa pro populo, 229; may not g=a=4+ permission to clerics to leave territory, 229; honors and privileges, 230; pro-vicar and ad- ministrator, 231; succession to authority, 232. Vicar-Capitular: 314-320. See Ad- ministrator, Diocesan. Vicar-Forane: see Dean, 321-324. Vicar-General: faculties, 49; ap- pointment, 267; history of office, 267-269; qualifications, 270; pow- ers, 271; when he needs a man- date, 272; concerning concessions of the bishop, and vice versa, 273; right of precedence, 273, App. III, 14; cessation of juris- diction, 274; appeal from sen- tence! of vicar-general, 275 vicar- general of abbots and prelates nul- lius, 276; religious may not hold office of vicar-general save in dio- ceses entrusted to Order, 540; vicar-general may not erect asso- ciations by general mandate, 584; cannot confer benefices without a special mandate from his Ordinary, 1445; has no power to inflict pen- alties without special mandate; if he is at the same time officialis or judge, of the diocesan curia, vicar- general has power to try cases and inflict penalties of the law, 2055. Vicar Parochial: elected by Cathe- dral Chapter to take care of the cathedral parish, 293; in parishes united to a religious house, nomina- tion and office, 349; administra- tor (vicarius economus), 350; sub- stitute, 343, App. III, 17, a-b; vica- rius adjutor, 352. Vicariates: divided into parishes, 167. Vigil: when feasts fall on Monday, the fast of anticipated vigil is abolished, 1278. Vindicative Penalties: definition, 2051. See Penalties, Ecclesiastical. Virginity, Vow of: impediment to marriage, 1031; see Vow. Visitation; bishop’s visitation of dio- cese, 253; manner of this visitation, 254; visitation of religious houses by major superiors, 388; by local Ordinary, 389; rights and duties of visitor, 390; penalty for inter- ference of religious superiors with . the visitation, 2269. Visit: of priests from Europe and Mediterranean countries to Amer- ica and the Philippine Islands, App. LE 72h. Visiting, of Nuns Subject to Enclos- ure: 518. Vocations: pastors and other priests should foster vocations to the priesthood, 1369. Voluntary Jurisdiction: 155-157. Voluntary Offerings: see Free-Will Offerings. Votive Offerings; sale or disposal, App. III, 59, a-b. Vow: vow to receive Sacred Orders an impediment to marriage, 1034; no simple vow invalidates marriage unless the Holy See has ruled other- wise for some persons, 1035; vow to embrace the religious life, an impediment to marriage, 1035; definition of vow, 1326; various kinds, 1327; reserved vows, 1328; extent of the obligation of a vow, 1329; various ways in which the obligation ceases, 1330; annul- ment of a vow, 1331-1332; dis- pensation from private vows, 1333- 1334; commutation, 1335; vow made before profession in a reli- 730 INDEX gious community, 1336; effect of the reduction of solemn vows of nuns to simple vows, App. III, 18, c-e. Vows: of religious life to be held in honor by all, 364; conditions for validity of religious vows, 478-480; temporary vows must precede per- petual and solemn in all Orders and congregations, 481; superior may prolong period of temporary vows, but not for more than three years, 481; at expiration of temporary vows, religious may return to the world, be dismissed, or make either perpetual or solemn profession, vote of chapter or council decisive, for first temporary vows, con- sultive for perpetual, 482. See Profession, Religious. Wage: all who employ workingmen must pay them a just and decent wage, 1517. Wife: domicile of, 70; mutual rights in matrimony, 1144-1145. See Matrimony. Will, Last: of members of religious organizations, 492; last wills in favor of religion or charity, 1506- 1510. Wine: laws concerning the wine of the Mass, 717-718. Women: living in the rectory, 102 : deportment and modesty of women in church, 1289; in church choir, 1291; cleric who, in any manner associates with a woman of sus- picious character is to be admon- ished by his Ordinary, 2008. Works, Good; as a condition for gaining indulgences, 850; confes- sor may commute good works, 855. Worship, Divine: various kinds of public and private cult, 1282; printing and publishing of litur- gical books reserved to the Holy See, 1283; Catholics forbidden to tale active part in non-Catholic wor- ship, 1284-1285; prayer and re- ligious exercises held in any church or oratory subject to bishop’s ap- proval, 1286; divine worship goy- erned solely by the authority of the Church, 1287; duty of local Ordinaries to regulate public and private worship, 1288; how men and women shall assist at divine worship, 1289; of special places in church, 1290. Year: canonical definition, 24; year of novitiate, 24. 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