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UNIVERSITY OF CALIFORNIA AT LOS ANGELES
GIFT OF CAPT. AND MRS. PAUL MCBRIDE PERIGORD
C^-<7./ n
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AT
LOS ANGELEbs
LIBRARY
CASES OF CONSCIENCE
B\> tbc Same Hutbor:
A MANUAL OF MORAL THEOLOGY. For English-speaking Countries. With Notes in the Text on American Legislation by Rev. Michael Martin, S.J,, Professor of Moral Theology, St. Louis University, Complete in two large, handsome 8vo volumes, each volume with full Alphabetical Index. The two volumes. . net, $5.50
The work is not a translation, but is original throughout. The English is strong and fluent and idiomatic; the treatment is as full as need be in a text-book: the printing and editing are faultlessly done. Consequently, no English-speaking priest can wisely neglect to secure this book. But we wish that the work may attract the attention of the laity. Any Catholic, or non-Catholic, who cares to be well informed on the moral law of God and of the Church, will find Father Slater's treatment of these subjects concise, clear cut, untechnical, and undoubtedly interesting. The subjects are treated . . . not as in an enlarged catechism, but as scientifically and as accurately as a treatise in law or in medicine, and yet in a manner intelligible to the man of ordinary education. Non-Catholics, in whose ears " The Moral Theology of Rome " is a bad sound, who have known only the attacks of the Jansenists and the misunder- standings of modern Protestant controversialists, ought, in fairness, to read this volume, after paying special attention to the author's preface, which explains what moral theology is, and what it is not. — Catholic World.
A SHORT HISTORY OF MORAL THEOLOGY.
Cloth, net, $0 50 The distinguished author of the " Manual of Moral Theology " has broken new ground in writing a history of this subject. At first sight, as he says, it might seem that no history is possible of a system of doctrine which has always been the same. Nevertheless there has been a progress and development which admits of historical treat- ment. This, Father Slater has successfully accomplished.
CASES OF CONSCIENCE FOR
ENGLISH SPEAKING
COUNTHIES SOLVED BY
REV. T. SLATER
CHICAGO
BENZIGER , 1912.
144594
CONTENTS
DUTIES OF PARTICULAR STATES
Part I DUTIES OF LAYMEN
PAGE
1. — A Judge's Duty 15
2. — A Solitary Witness 18
3.— A Martvr of Science 21
o m
^
Part II DUTIES OF CLERICS
1. — Vocation to the Priesthood
2. — A Doubtful Vocation
3. — Clerical Celibacy
4. — Clerical Life .
5. — Public Theatricals
6. — Trading .
7. — Warlike Missionaries
8. — Duty of Residence
9. — Different Ideals of Parochial 10. — A NegUgent Parish Priest 11. — A Priest's Proper Bishop
Woi
23 25 27 29 32 35 37 39 43 46 49
1\\UT III
DUTIES OF RELIGIOUS
1. — A Vocation to Religion .... 2. — Impediments to Entering Religion
3. — Obstacles to Vocation
9
53 50 58
10
COXTENTS
4. — Religious and Seculars .
5.— The Obligation of the Rule .
6. — ^A Rehgious Legatee
7. — ^Various Questions on Poverty
8. — A Meddling Lawyer
9. — ^A "Wide Interpretation of the Rule 10.— The Vow of Chastity . 1 1 . — Solemnity of Vows
PAGE
61 64 67 69 71 74 76 79
THE SACRAMENTS THE SACRAMENTS IN GENERAL
1. — Reviviscence of the Sacraments . 2. — The Minister of the Sacraments 3.— A Sheep that Strayed into the Fold 4. — The Intention to Receive Baptism 5. — Simulation of the Sacraments
81 83 86 89 92
BAPTISM
1. — Baptism at Death 2. — A Young Convert . 3. — Remembered His Own Bapt 4. — A Too Zealous Pastor . 5. — A Convert from Judaism 6. — What Baptism Imphes 7. — Parents' Neglect . 8. — Non-Catholic Sponsors
CONFIRMATION Necessity of Confirmation .
THE HOLY EUCHARIST
1 . — Adulterated Matter 2. — Fasting Communion 3.— The Fast Brokc^n . 4.— Doubtful Dispositions . 5. — Was Confession ()l)ligatory? 6. — Non-Fasting Conununion
95 97 100 103 105 107 109 111
113
115 117 120 122 124 126
CONTENTS
11
7. — Intention to Consecrate 8. — Doubtful Consecration 9. — Mass for a Non-Catholic 10. — Stipends for Mass . 11. — Funded Masses 12. — Trading in Masses 13. — Mass in a Private Room 14. — Masses for the Dead 15. — Altar Furniture
PAOE
12S 131 133 135 138 141 144 146 149
PENANCE
1.— Doubtful Matter .
2. — A Convert's Confession
3. — An Anxious Penitent
4.— No Sorrow for What She Has Done
5. — Was He Prepared?
6. — Probable Opinions in Penance
7. — Confessions on Board Ship .
8. — A Privilege of Regulars
9. — A Regular's Approbation 10. — Confessor of Nuns 11. — Full and Specific Confession 12. — Absolution of the Dj'ing 13.— A Pair of Penitents 14. — Absolution b.v Telephone 15. — An Unfortunate Mother 16. — Doubtful Jurisdiction 17. — A Lie in Confession 18.— A Dying Nun 19. — A Bishop's Reserved Case . 20. — De Absolutione Coniplicis . 21. — Ficta Absolutio Comphcis . 22. — Distinctio Inanis . 23. — Error non dat Jurisdictionem 24.— Asking the Name of an Accompl 25.— A Recidivist . . . • 26. — A London Actress . 27. — A Loose Principle . 28.— Requisite Knowledge in the Confessor 29.— The Seal not Broken ....
151
154
157
159
162
164
167
169
171
174
177
179
181
183
186
189
191
193
195
198
200
203
206
208
211
213
216
219
12 CONTENTS
PAGE
30. — Confession with Unexpected Results .... 224 31.— Unlawful Use of Confessional Matter . . .226
32.— A Useless Device 228
ORDERS
1. — Anglican Ordinations 231
2.— A Priest's Support 234
EXTREME UNCTION
1. — Repetition of Extreme Unction 237
2. — Short Form for Extreme Unction 240
MATRIMONY
1.— Informal Betrothal 243
2. — An Action for Breach of Promise 246
3. — A Promise Confirmed by Oath 248
4.— Debts of Betrothed 250
5. — Maternity Impossible 253
6. — Parents Against Marriage 256
7.— Banns 259
8. — An Unhappy Marriage 262
9.— A Drunken Husband 265
10. — A Lawyer and a Divorce Case 267
1 1 . — Dispensation from Banns 270
12. — Previous Marriage 272
13. — A Too Accommodating Priest 276
14. — Doubtful Baptism and Marriage 279
15.— Affinity 282
16. — Consanguinity 285
17.— Sacred Orders 287
18.— Fear 289
19.— Crime 292
20.— Was She Free to Marry? 294
21. — Multiple Impediments 296
22.— A Treacherous Friend 299
23. — A Governess's Marriage 301
24. — Marriage Before the Registrar 303
25.— A Notable Case 306
26. — General Leave of Parish Priest 309
CONTENTS
13
27. — Requisites for Marriage
28. — Subjects of the Law of Claiulestinity
29.— The Month's Stay of Ne temere .
30.— Mixed Marriage
31. — Impediment Dispensed
32. — A Comphcated Case ....
33. — Married a \\ido\v with Three Children
34. — Wliich Bishop Has Jurisdiction?
35. — Revahdation of Marriage
36. — Cohaljitation of Married People
37.— A Troubled Wife
38. — A Husband in Difficulties
39. — Unwilling to Return to Her Husband
CENSURES
1. — A Mistake in the Man
2. — Parocliial Rights
3.— A Fallen Priest
4. — Countenancing a Duel
5. — A Masonic Ball
6. — A Special Interdict
7.— Is He To Be Avoided?
312 315 317 319 322 325 328 331 333 336 339 342 344
347 349 352 354 357 360 362
IRREGULARITY A Priest Practising Medicine and Surgery . . . 365
ECCLESIASTICAL BURIAL Mixed Cemeteries 367
INDULGENCES
1.— The Apostolic Blessing 371
2. —The Jubilee 373
DUTIES OF PARTICULAR STATES
Part I
Duties of Laymen
A JUDGE'S DUTY
TiTius bonus Catholicus reccnter mortuus in testamento centum libras ad Missas celebrandas pro anima sua expen- dendas reliquerat, quod Icgatum Caius executor juxta voluntatem defuncti solvere intendebat. Obstabat tamen Julius Catholicus et legatarius residuorum bonorum Titii, qui causam Marco judici etiam Catholico deferebat. Marcus vero juxta leges Anglicas legatum centum librarum irritum utpote usibus superstitiosis assignatum declaravit, unde tota summa residuo Julii accrevit. Philippus tan- dem sacerdos cui incumbebat cm"a spirituals omnium de quibus mentio est facta rogat de eorum obligationibus transgressis vel adhuc forte implendis. Unde qua?ritur:
L Quid sit testamentum ad pias causas, et quid requi- ratur ad ejus validitatem?
2. Num judex Catholicus forre sententiani jxxssit juxta leges patriic injustas?
3. Quid ad casum?
SOLI'TIOX
1. What is a will in favor of {)i()us causes and wiiat is required for its validity?
15
16 CASES OF CONSCIENCE
Pious causes, or objects, are such as belong to the service of God and rehgion. Ahns left for the support of religion or for charitable purposes, if the main object was the honor of God, are considered as left for pious causes. Such pious causes are subject to the legislation of the Chiu'ch, which lays down that no special formalities are required for the validity of wills and legacies to pious objects; all that is requisite is that there should be moral certainty resting on the evidence of two or more witnesses about the intention of the testator. i
2. May a Catholic judge give sentence according to an unjust law?
If the law commands what is contrary to the law of God, no Catholic judge may pass sentence according to it. If the unjust law only affects the liberty of the sub- ject or property rights, many theologians hold that a Catholic judge, like any other, may pass sentence accord- ing to such a law. His refusal to do so would not ordinarily benefit the accused, and the only effect would be to compel the judge to resign his office, and make it impossible for Catholics to hold such offices. Hence the accused may reasonably be presumed to submit to the action of the judge as long as the unjust law remains in force. 2
3. The case. The legacy was void according to English. law. Julius, however, was not justified in invoking the law to get the legacy declared void. He is a Catholic and is bound by the law of the Church, and for him, subjectively as well as objectively, the legacy is valid. Mark could not help doing as he did and so he may be excused. Philip, the parish priest, should admonish
1 Ballerini-Palmieri, Opus Morale, tract, viii, pt. iii, c. iii, n. 703. ^ Manual of Moral Theology, vol. i, p. 587.
A JUDGE'S DUTY 17
Julius, if the admonition will do any good, and toll him that he is bound in conscience to pay over the £100 for Masses to be said for the s(ki1 of the testator according to the testator's intention. It is a case where he can not have the benefit of the law.i
^ Manual of Moral Theology, vol. i, p. 506.
A SOLITARY WITNESS
Lucia ancilla CaiiD banc sciebat adulteriiun com- misisse. Quum vero in diem futiu'uin citaretur ad tes- timonium dandum de adiilterio commisso in causa divortii contra Caiam a marito intentata dubitabat utrum crimen dominse revelare posset ac deberet, quum ipsa sola prseter ipsas partes illud sciret. Hinc confessarium adiit qui quatenus ex lege divina, civili, et ecclesiastica, duo testes requirantur ad crimen probandum, et unicus testis a judice non legitime de crimine quod ipse solus cognoscat interrogetur, respondit Luciam non debere crimen man- ifestare. Quod quum Titius alius sacerdos audiret, con- fessarium contra justitiam peccasse judicabat, quum mari- tum a bono, nempe divortio, ad quod jus haberet responso suo impediisset. Unde quseritur:
1. Qusenam sint testium obligationes, et unde oriantur?
2. Quatenus differant prsescripta juris ecclesiastici et juris Anglici de numero testium ad crimen probandum requisito, et num lex Anglica sit justa?
3. Quid ad casum?
Solution
1. WTiat are the duties of witnesses, and whence do they arise?
The question concerns witnesses in Courts of Justice, and in general any one may be under an obligation to give
18
A SOLirARY WITNESS 19
evidence about what he knows when this is necessary to prevent great harm to others or to the State. One who is summoned by lawful authority is also bound to give evidence by the obedience which he owes to that authority. As he has sworn to tell the truth, he will be bound also by his oath to tell the truth in answer to the questions tliat are })ut to him lawfully.^
2. How does P]nglish law tliffer from canon law con- cerning the number of witnesses necessary to prove a crime, and is English law on the point just?
In canon law, as in the Mosaic and Roman law, two witnesses were necessary and sufficient to |)rovc a crime. Except in the case of treason and one or two other crimes, one witness is held sufficient to prove a fact in Enghsh and many modern systems of law. This provision of modern law can not be called unjust, for practically always the evidence of the one witness is corroborated by other circumstantial evidence of the crime. 2
3. The case. If the trial were about to take place in an ecclesiastical Court, in which Caia's husband wished to obtain a divorce a toro et mensa, Lucy would not be bound to tell what she knows, unless there were already semi- plena probatio of Caia's guilt. To avoid needless complica- tions in the case we will waive the question about the State's competence in mamage cases. In England it is at least competent in cases of judicial separation. If. then, Lucy were summonetl in such a case she would practically be bound to tell what she knows. Nor is this substantially at variance with the provisions of canon law, for ordinarily when a witness is summoned, there is semiplena probatio,
1 Manual of Moral Theology, vol. i, p. 594.
' Stephen's Commentaries, vol. iv, p. 357; G^nicot, vol. ii, n. 17.
20 CASES OF CONSCIENCE
or infamy, or evident signs of guilt, and in those circum- stances a single witness was obliged to give evidence even according to canon law. From what has been said it will be clear how far the confessors were right or wrong.
A MARTYR OF SCIENCE
Caius medicus ut experiretur utrum febris, viilgo dicta malaria, revera morsibus miiscse cujusdam, vulgo mos- quito, causetur, habitabat per sestatem in loco maxime pestifero prope Ostia Tiberina cum omnibus cautelis necessariis acl morsus dictae muscae evitandos, de aliis contagionis causis nil sollicitus. Postea ut experimenta complerentur, in Anglia ubi malaria est fere extincta, morsibus muscarum in Italia contagione infectarum se exposuit, morbumque contraxit, gaudens tamen de causa febris detecta, de bono hominibus inde acquisito, necnon de gloria sibi procurata. Titius tamen Catholicus (|uum hiec omnia in ephemcridibus legisset confessarium rogabat utrum licite fuissent facta. Unde quaeritur:
1. Qualis adsit obligatio vitam sanitatenKiue propriam conservandi ?
2. Qusenam sint obligationes speciales medicorum?
3. Quid ad casum?
Solution
1. What sort of an obligation is there to preserve one's hfe and health?
There is a grave obligation of using ordinary means to preserve life and health and of not exposing either to serious and proximate risk without sufficient reason.
21
22 CASES OF CONSCIENCE
This obligation is derived from tlie Fifth Commandment, which forbids kilhng in so far as it is a negative precept, and prescribes ordinary care of hfe and heaUh in so far as it is positive.
2. AMiat are the ethical obligations of doctors? Doctors, like other professional men, should have
the knowledge requisite for the practice of their profession, and they should use at least ordinary care and diligence in that practice. They should use the safer remedies, and they are not allowed to make experiments on living human subjects \vith danger to life or health. ^ In desperate cases they may use remedies that are only probable if no l)etter can be had.
3. The case. If Caius was practically certain that the bite of mosquitoes is the cause of malaria, he did not commit sin by living during the summer in the pestilential neighborhood of Ostia. He was convinced that he thereby exposed himself to no special risk. In allowing himself to be bitten in England by plague infected insects he voluntarily exposed himself to the morally certain risk of contracting the disease. The reasons given for thus acting are not sufficient to justify him in exposing himself to the certain risk of serious disease. Evil must not be done that good may come. We may not kill one man to save others. However, as malaria is not a very serious disease when the proper remedies are applied in time, Caius may be excused from grave sin, and perhaps even from venial under the circumstances. There is no harm in exposing ourselves to the danger of illness for good reasons.
1 Manual of Moral Theology, vol. i, p. 596 f.
Paiit II Duties of Clerics
VOCATION TO THE PRIESTHOOD
TiTius saccrdos religiosus cxcrcitia si)iritualia juvonibu.^ sacris ordinibus initiaiidis tradobat. Venit ad eum Caius iinus ex eisdcm optimac dispositioiiis ac indolis ((ui dicebat sc velle intentioni sacerdotii suscipiendi rciumciarc CO quod noil sit cert us se esse a Deo vocatum. Sibi applicat verba S. Alphonsi (vi, 802): " Illi igitur qui non vocati a Deo in sacra ministeria se intrudunt, ipsi sunt (le ([uilnis per Jeromiam inquit: Non miltebam prophetas ct ipsi currehant. Quo quideni hominum genere ut ait Catechismus nihil infelicius ac miserius, nihil Eccle- siae calamitosius esse potest." Titius vero vellet scire quomodo sit Caius tractandus. Undo (juaeritur:
1. Quid sit vocatio divina ad certum vitae statum?
2. Quomodo dignosci possit vocatio divina ad sacer- dotium?
3. Quid ad casum?
Solution
1. What is a divine vocation to a certain state of life?
A divine vocation may be defined as a purpose of Divine
Providence choosing a person for a special state of life
and giving him the helps that are required for it. Such
a vocation is manifested in him who is called by an internal
23
24 CASES OF CONSCIENCE
and external fitness for the state, and by special lights of the understanding and motions of the will by wliich he is conscious that he could serve God and save his soul in that state.
2. How may a divine vocation to the priesthood be known?
A divine vocation to the ju-iesthood may be known by the signs which have just been mentioned. If the person in cjuestion be fit to exercise the duties of the priest- hood, if he hold out hopes that he will do so with the help of God, if he wishes to receive the priesthood so as to be able the better to serve God, help his fellow men, and save his soul, he shows the ordinary signs of a vocation from God.
3. The case. Titius should put a few questions to Caius with a view to finding out whether he is fit for the priesthood and whether there is a prospect of his being able to fulfil its duties properly. As he is a youth of excellent disposition and character and therefore fit for the priesthood, it will be well to ask him why up to the present he fostered the intention of becoming a priest. In all probaVjility the answer will be satisfactory and will show that his intention was supernatural, resting on faith, on the desire to please God and save his soul. In that case he should be encouraged to persevere; he should be told to put his trust in God, who will never forsake those who trust in Him; he should be told that the words of St. Alphonsus are not meant for him, but for such as are unfit for the priesthood and who do not intend to fulfil its duties, but who intrude themselves into the clerical state for worldly motives.
A DOUBTFUL VOCATION
Ad Caium sacerclotcni ([ui cxcrcitia spirituulia clericis quil)ustlam ordiiiantlis tradebat accessit Julius subdiaconatu mox iiiitiandus filius cujusdam ii(i1)ilis iiatu luiiiinius. Gravibus ' verbis oiiera saccrdotii Caius descripserat uiide aiixietatcs ot dubia in animo Julii excitaverat. Nun- quam oiiini scrio d(^ istis oneribus cogitavcrat Julius, somper ab infautia IVrc audicrut a jjarciitibus ot al) EpisoojM) quodam familia' aniieissinio se servitio Ecclesia?, ([ux talibus ad pra^laturas ooclosiasticas gcrendas iiidiget, vacare debere, quo fine ductus studia in collegio foccrat, et potius ut expcctationi parentum ct amicorum rpsj)on- deret quani ut propria' inclinationi indulgeret clericus erat factus. Intendit officia status qua;cumque sint cum auxilio Doi fidelitor im))l('ro, sporat se posse oncra por- tare, et coterociuin bonis morilnis est imbutus. Quae quum Caius audisset de vocatione Julii (lul)itare incoepit, et utrum non deberet Juliuni consulerc ut ad parcntes et seculum rediret. Undo (luteritur:
1. Quid sit vocatio divina ad sacordotium?
2. (^ua^nam sit obligatio divinam vocationem socjuondi?
3. Num et quatonus poccot (|ui iiou vocatus sacordos fiat?
4. Quid ad casuin?
SoLlTlOX
1. This question is answered above, ]). 23.
2. ^Yhat obligation is there to follow a divine vocation?
25
26 CASES OF CONSCIEXCE
A vocation to the priesthood is a great favor bestowed by God and it should be thankfully received. It is not commonly imposed by God as a precept, and so there would not be sin in neglecting to follow it except in cases where by so doing he who is called knowingly exposes his salvation to danger.
3. Is sin committed and how by becoming a priest without a vocation?
One who is unfit for the priesthood or who does not intend to live up to its obligations and yet becomes a priest sins grievously. One who is not unfit and who intends to live up to his obligations, but who becomes a priest from natural motives without a chvine vocation, acts rashly, but in the judgment of many theologians he does not sin grievously. The reason is because such a one violates no grave precept, nor does he expose himself to serious danger of losing his soul or doing serious harm to others.'
4. The case. Julius is not unfit for the priesthood, though the motives which have led him so far are natural rather than supernatural. Caius would do well to tell him to take the opportunity of the retreat to think seriously over his position. He might teach him how to make his election of a state of life on supernatural principles. Let him think therefore on the duties and helps of the priest- hood, and of its dangers as well, and then if in the presence of God he thinks that he can serve God and the Church and save his soul as a priest, and if he can purpose to do this, let him be ordained. If any doubt remains he should defer ordination for a time until his course is clear. But if lie can not look at things from this supernatural point of view he had better return to his family.
' Balleririi-Palmicri, 0{)us Morale, tract, ix, c. ii, n. 6.
CLERICAL CELIBACY
TiTius iiiiiiistor Aiii;ii(';iiius u( dc validitate ordinationis esset seciuTis, ab cpiscopo fiuodam scliismatico erat ordi- natus ac postea uxorcni diixit. Post aliquot annos ad fidcm Catholicam coiiversus nunc inquirit num et sub quibus conditioiiibus sacro niinisterio fungi possit, vel etiam juribus maritalibus uti; dc validitate vcro sacer- dotii suscepti ambigi ncquit. Unde quaeritur:
1. Ad quid clcrici in sacris lege coelibatus teneantui'?
2. Num et sub quibus conditionibus uxorato ordines sacros suscipere liccat?
3. Num turpes cogitationes essent sacrilegse in sacerdote qui legis cri^libatus ignarus esset ordinatus?
4. Quid ad casum?
Solution
L To what are clerics in sacred Orders bound by the law of celibacy?
They are bound to observe perfect chastity, in thought and deed, and they are in('a]):ibl(' of contracting a valid marriage.^
2. Is a married man allowed to receive sacred Orders and on what conditions?
A man who was mari-ied l)ut whoso wife is dead or law- fully divorced, when this is possible, may receive sacred 1 Manual of Moral Theologj', vol. i, p. 601.
28 CASES OF CONSCIENCE
Orders. One whose wife is still living and not lawfully divorced may not be ordained without the free and express consent of his wife, wiio, if she consents, must herself take a vow of chastity.'
3. Would bad thoughts be sacrilegious in a priest who had been ordained in ignorance of the law of celibacy?
Such a one would not be bound by vow to observe chastity, for a vow can not be taken by one wiio is ignorant of it. He w^ould, however, be bound to observe chastity by ecclesiastical law. But probably law does not touch merely internal acts, and so although bad thoughts would be sins against the Ninth Commandment, probably they would not have the additional malice of sacrilege, as bad thoughts of priests ordained under normal conditions certainly have.
4. The case. Titius, an Anglican minister, to make sure of his ordination, got ordained by a schismatic bishop and afterw^ards married. It is supposed in the case that tliis ordination is certainly valid. As sacred Order is a diriment impediment of marriage,^ it follows that the minister w^as not married validly. As he is not married he has no marital rights, and he must separate from liis reputed wife. The greatest consideration should be shown to the lady which is possible under the circumstances. Titius was ordained by a schismatic, and he thus incurred irregularity, wiiich prohibits him from exercising his orders. He should submit his case to the bishop, who after inquiring into all the circumstances of the case> and if necessary consulting the Holy See, will settle what is best for all concerned.
1 Manual of Moral Theology, vol. i, p. 602.
- Cf. Ballerini-Palmieri, Opus Morale, vol. vi, n. 114.3 nota.
CLERICAL LIFE
Caius sacerdos Anglicus liluk) patrimonii ordinatus milluin odicium in dioecesi gerit. Hinc liber majorem amii pai-tem extra Angliam itinerando transigere solet. Barbam non radit ncc tonsuram gerit, et sine scrupulo extra Angliam in publicis theatris scenicis spectaculis adest quum incola) putent eum esse ministrum Anglicanimi. Rationem agendi facile defendit quum juxta canonistas lege ecclesiastica tantum sanciatur ut " Clericus neque comam neque barbam nutriat, scilicet, immoderata cul- tura coma; quae morem lascivum et fajmineum redoleat ipsi interdicatur." ^ Et quamvis spectaculis publicis inter- esse ipsi etiam interdicatui-, intelliguntur spectacula ob- sc(rna et turpia.^ Quae tamen audita Titius neo-sacerdos conciliare baud valet cum doctrina quam in seminario audiebat. Unde quseritur:
1. Quid praescribant leges scriptse ecclesiasticse circa ea quae in casu occurrant?
2. Num consuetude semper easdem leges eodem sensu explicuerit?
3. Quid ad casum?
Solution 1. What does the written ecclesiastical law prescribe concerning the matters touched on in llio case?
1 Santi, Prcelect. Jur. Can. iii, 1, n. 3(1. " Ibid., n. 41.
21)
oO CA3ES OF CONSCIENCE
By the written common law clerics are forbidden to cultivate the beard with special care, after the manner of dandies, as Santi explains in the passage quoted. But provincial law and custom approved by authority in England goes further and prohibits the wearing of hair on the cheeks or on the chin (iv Westmon., d. xi, n. 13). The common law prescribes the clerical tonsure, but in this matter custom in England is contrary to the law, and ecclesiastical authority does not intervene.
With regard to theaters the law in England is severe; it prohibits " ecclesiastics who have received sacred Orders from being present at stage representations in public theaters or in places temporarily made use of as public theaters, under the penalty to transgressors of suspension to be incurred ipso facto, such as has hitherto been the rule in all parts of England with reservation to the respective Ordinaries."^ More or less similar prohibi- tions exist in most provinces. The old written law was as stated by Santi.-
2. Has custom always interpreted these laws in the same way?
No; as is clear from what has just been said, both the law on these matters and its interpretation have varied considerably in dilTerent ages and countries. There is not uniformity with regard to them even now, so that the provincial or synodal decrees have mainly to be consulted and followc^d by the conscientious cleric.
3. The case. Although Caius had been ordained on his patrimony he was not at liberty to wander about as he chose. He had been ordained for the service of the
> Manual of Moral Theology, vol. i, p. 614.
- Cf. Ben. xiv, De Synodo Dioecesana, xi, c. x, n. 11.
CLERIC A I. LlFl'J 31
diocese to which he belongs, and the bisho]) should see that he lias suitable eniploN'nient as long as he ean work. He did wrong in growing his beard, though custom excuses him with regard to the tonsure. In going witliout scruple to plays in public theaters when out of England he also did wrong, for now the common law of the Church, intro- duced by universal provincial law, forbids clerics to go to j)ul)lic theaters. Out of England, however, he would not incur the suspension inflicted l)y English Provincial law, nor, inasmuch as he is a pcreyrinus, would he incur any penalty which tlie law of the place inflicts for such an offence. He might, however, b(> jjunished by tlie bishop of the place wIktc he transgressed the law, inasmuch as it is a mere aj^plication of tlie prohibition of the common law by which clerics are forbidden to do what is not becom- ing in them.i
'G^nicot, Casus Conscient., vol. i, p. 20; Analecta Ecclesiastica, 1910, p. 174.
PUBLIC THEATRICALS
Caius sacerdos missionarius in Anglia ut expensas missionis solveret quibusdam juvcnibus utriusque sexus persuasit ut operam celebrem circa Nativitatem Domini in aula municipali (Town Hall) repraBsentarent. Quum j)()I)ulus turn orthodoxus turn heterodoxus magno numero aulani frequentarent, et magnam simimam pecuniae conferrent, altero die reprsesentationis ut gratum animum turn actoribus turn populo significaret, ipse Caius cum Patricio amico sacerdote ex Hibernia operse assistebat. Quod tamen quum Episcopus legis ecclesiasticse sedulus defensor audiret, theologum quemdam rogavit nonne uterque in suspensionem iv Cone. Westmon. d. xi, n. 9 latam incurrisset. Unde quaeritur:
1. Detur interpretatio doctrinalis legis de qua in casu.
2. Num peregrini legibus loci teneantur?
3. Quid ad casum?
Solution
1. Give a doctrinal interpretation of the law in question.
The wording of the law is as follows: " Prohibemus districte nc ecclesiastici sacris ordinibus initiati scenicis spectaculis in publicis theatris vel in locis theatri publici Usui ad tempus inservientibus, intersint, imponentes transgressoribus poenam suspensionis ipso facto incurren-
32
PUBLIC THEATRICALS 33
dam hactcnus ul)i(iu(' in Aiijjjlia vi<^('iitem cum rc.MTva- tione rcspcc'tivo Ordinaiio." Hence all ecclesiastics in sacred Ordei"s are strictly forbidden to he picsent at scenic representations (stage plays?) either in puljlic thcatci-s or in places which are used for the time being as public theatei-s, and the penalty of suspension is ipso facto incurred by those who violate this })recept, and their absolution is reserved to their respective Ordinary. Private theatricals in a place not open to the i)ublic do not come under the law. If the public arc admitted with or without payment and a stage play is exhibited, the place is being used as a theater and pci-sons in sacred Orders must not be present. Plays given by school children are excepted l^y custom, even if they be given in a public hall or theater.
2. Ai'e peregrini bound by local laws?
Probably peregrini are not bound by the special laws which are in force in tlie place where they are staying for the time.^
3. The case. As far as I am aware there is no author- itative definition of what is meant V)y a scenicum speda- culum. Still there can be no reasonable doubt that an opera is comprised in the term. An opera is a scenic representation or stage play, which is perhaps as near an English equivalent of scenicum spectaculum as can l^e got. The opera was acted by youths of ])oth sexes in the Town Hall, and the public flocked to hear it. It/ therefore, came under the prohibition, and Caius violated the law in being present. The law is mentioned in all the faculties grantcnl to priests in tliis country, and so we must presume that Caius knew that he was violating it. Caius, therefore, was suspended and must not exercise the duties
' Manual of Moral Theology, vol. i, p. 94.
34 CASES OF CONSCIENCE
of a priest until he has been absolved by his bishop, or by some one who has special faculties for the case from the bishop. Patrick is a stranger, and does not incur sus- pension, but he does wrong in being present at the opera and renders himself lial)lo to punishment at the hands of the bishop.
TRADING
Caius procurator ciijusclain Ordinis rcligiosi scrupulos aliquos conscientiae Julio confessario proposuit enodandos. Quuni ciiim ad nova cHjenobia sedificanda Ordo pecunia indigorot, el census gubcrnativi qiios possidebat non esscnt valdo fructiferi, ('aius modici increment! in eorum pretio nactus occasionem eos vendebat, ac actiones magis remunerativas alias viaruni ferreai'uni. alias societatis cujusdam recenter instituta; ad omnia providenda {General Stores) emebat. Postoa tamen dubitabat iitrum ista religiosis licerent. Unde (jua^ritur:
1. Quid sit negotiatio?
2. Qualem negotiationem et quibus lex ecclesiastica prohibcatr?
3. Quid ad casum?
SOLUTIOX
1. "What is trading?
Trading in the strict sense is buying commodities with the intention of selling them at a higher price \Aithout changing their nature. Buying commotUties for use or for consumption is not trading, nor is selling the produce of one's own land or labor.
2. AMiat sort of trading is forbidden by ecclesiastical law and to whom?
35
36 CASES OF CONSCIENCE
Ecclesiastics in sacred Orders and all religious are for- bidden to trade in the strict sense. They are also forbidden to buy material and change it by liired labor for sale at a profit, and to buy animals and fatten them for sale on hired land, for such actions have the appearance of trad- ing. Benedict XIV also declared that they are forbidden to trade by means of agents.
3. The case. Caius did nothing reprehensible in selling government stock at a profit when it rose in price, provided that it was not bought cheaper with the intention of selling afterwards at a profit when it should rise. Nor did he do WTong in investing part of the proceeds in railway stock which brought in a higher interest. There is more difficulty about his buying shares in the company which o'\\'ned the stores. Most authors would say that this is not lawful, inasmuch as Caius thereby l^ecame a member of a trading company and traded by means of the servants of the company. However, unless he is a director of the company or otherwise takes an active part in managing its affairs, it is probable that he does not do wrong here either. Practically all that he does is to buy the right to receive a dividend on his shares if the company succeeds in business; there is no scandal, and no interference with his spiritual avocations. This is the opinion of several recent authors, quoted and followed by Genicot (II, n. 41), and others. We suppose of course that Caius has no reason to suspect that the company does business dishonestly.
WARLIKE MISSIONARIES
QuATUOii missionarii Catholiri evangoliuin magno cum fructu populis in Africa centrali predicabant remoti al) aliis Euroiiiuis. Indigcna) vcro bellum inter- iiccivum moverunt contra omnes Europaeos quos sparsim inventos occidebant. Hinc reliqui in locos munitos fuge- runt, ot (juodam die manus Euroi)irorum ad missionarios venit ut eos in locum tutum conduceret. Ecce tamen in itincre magna copia barbarorum undequaquc pai-vam manum est aggressa ita ut vix spes tenuis esset evadendi nisi omnes pugnarent. Hinc maximis in angustiis positi sunt missionarii, nam cxempla Christiana docere videntur esse potius moriendum in talibus circumstantiis patienter et sine resistentia, ex altera tamen parte nisi pugngnt non tantum ipsi sed et manus magnanima cum ipsis fere certo peribunt. Tandem accipiunt sclopeta et pugnando sicut ceteri ad locum tutum pervenerunt. Unde quaeritur:
1. Qua lege gerere ai-nia clericis i)rohibeatur?
2. Numiiuani ptniani iiicurranl clcrici homicidse?
3. Quid ad casum?
Solution 1. By what law are clerics forbidden to bear arms? Clerics are bound by their profession to manifest in their conduct the meekness of Clu'ist, and all that militates
37
144594
38 CASES OF CONSCIENCE
against this obligtition is forbidden by the natural and divine law. To bear arms like soldiers would be contrary to their profession and would give scandal, so that it is for]:)idden by natural and divine law. It is also expressly forbidden by positive law: " Let clerics who bear arms be excommunicated." ^
2. Does a cleric who commits homicide incur any special penalty?
Yes, ^' whoever by any unjust and gravely culpable action, directly or indirectly, physically or morally, are guilty of homicide, thereby contract irregularity. Even casual homicide produces irregularity if it is the effect of grave negligence. If any one is killed in an unjust war all who fought on the other side contract irregularity, unless they were compelled to fight, or abstained from any action which could be the cause of death." -
3. The case. The missionaries acted wisely in taking guns and helping to defend themselves and those who had come to their rescue. They were being attacked as whites, not as preachers of the Gospel, and they would certainly have been killed unless they had defended them- selves. They also had obligations of gratitude and charity towards the small band that came to rescue them. When the taking up of arms is necessary for self-defence it is not forl^idden; necessity knows no law. Even a cleric may lawfully kill anoth(>r in self-defence without incurring irregularity or any other penalty.
1 Corpus Juris Can., iii, tit. 1, c. ii.
^ Manual of Moral Theology, vol. ii, p. 438.
DUTY OF RESIDENCE
TiTius et Caius saccrdotcs regularcs mi.s.sioiii cuidain in Anglia inserviebant. Titius superior ad negotia qusedam gerenda primo mane discessit usque ad horam decimam postmcridiem non reversurus. Caius etiam quamvis scirct aliquos inter parochianos segrotare, (luum neminem in periculo gra\d const itutum putaret post superiorem amicos visitandi causa domum reliquit. Hora nona post meridiem reversus Caius audivit nuntium bora (juarta venisse paro- chianum quemdam gravitcr a^grotare. Ad donium segroti festinans cum dolore invenit Caius cum jam esse mortuum nee ante mortem sacramenta rcccpisse. Scru- ])ulis igitur angebatur uti'uni essct culpae lethalis reus necne. Unde quseritur:
1. Quid et qualis sit obligatio rcsidcntiae qua) sacer- dotibus incumbit?
2. Num curam animaruni gerant turn superior tum subditi regularcs qui missionibiis in Anglia inserviant?
3. Qualis sit missionariorum obligatio sacramenta niin- istrandi ct cm-andi infii-mos?
4. Quid ad casum?
Solution
1. \Miat is tliu duty of residence which is incumbent on priests with the cure of souls?
39
40 CASES OF CONSCIENCE
" In order that tliej^ may be able to fulfil the duties of their charge, and be always ready to help the faithful in their spiritual needs, joarish priests are l^ound to reside in the church house or in some place near the church. Tliis law was enforced by the Council of Trent, and it has been further determined in particular points by pro- vincial law. In the province of Westminster curates must give notice to the head priest if they wish to absent themselves even for a day. When there is another priest in residence, the head priest may absent himself for a few days ^Adthout acquainting the bishop, provided that he has some good reason, that he takes care that it does not occur too often, and that he is not away on a Sunday or on a day of obligation. If he wants to be away on one of these days he must have the leave of the bishop or of the vicar-general in writing, except when the case is urgent, and then he must leave a suitable person as his substitute, and give notice to the Bishop or to the vicar-general as soon as possible. "^
2. Do both the regular superior and his subjects who serve a mission in England exercise the cure of souls?
Yes, they are all presented to the bishop by their religious superior and they receive their faculties and office from the bishop. AMien there arc several priests who have the cure of souls in one mission, whether they l^e seculars or regulars, one is named })y ihe bishoi) as head priest; the others are his assistants, but all have the cure (A souls according to the Westminster Synods. " Decernimus ceteros omnes curam quam habent animarum non nisi cum dependentia a primo illo exercere " (iv West, x, 2). " Porro ex eo quod cura animarum principaliter demandata
' Manual of Moral Tlieology, vol. i, p. 630.
DUTY OF RESIDENCE 41
sit rectoribus missioiium, iiolint (ixistimare coadjutorcs se a tanto onere esse imniuiies; ipsorum enim est cum dcpcndontia a rectore oum adjuvare, prcedicando scilicet, coiifessionos aiidieiulo, pueros catefhismum docendo, infirmos visitando atfiue cis sacramonta admiuistrando, aliaque missionarii munera adimplondo " (iv West, xi, (i).
3. Wliat is the obligation of missionary priests to admin- ister the sacraments and look after the sick?
Missionary priests who have the cure of souls are bound to administer the sacraments to those under their charge whenever these ask for them reasonably. They should take special care of the sick as the Ritual admonishes them: " Parochus in primis meminisse debet, non post- remas esse muneris sui partes legrotantium curam habere. Quare cum primum noverit qucmpiam ex Fidelibus curse suae commissis a^grotare, non expectabit ut ad eum vocetur, sed ultro ad eum accedat; idque non semcl tantum, sed ssepius, quatenus opus fuerit " {De Visit, et Cura Infirm.).
4. The case. Titius in the case was justified in leaving home for the day; exphcitly or implicitly he left Caius in charge. Caius followed the example of Titius and left home for the day although he knew that there were several sick people in the parish, but he thought that none of them was in serious danger. As a matter of fact one died without the sacraments wliile the ))riest was away, and he might have had them if Caius had stayed at home as he should have done. There is no indication in the case that Caius went away on necessary business; it would appear that he went on i)leasure. He can not be excused from all fault in leaving when he knew that there were several in the j)ansh who were sick. If he had left advert-
42 CASES OF CONSCIENCE
ing to the probability of one of them dying in consequence without the sacraments, he would have sinned grievously. As this can hardly l)c said, wc must say that he sinned at least venially, unless with full knowledge of all the circumstances he judged that no harm would result to his flock.
DIFFERENT IDEALS OF PAROCHIAL WORK
TiTius et Caius uterquc missionarius in Anglia collo- (luuntur de muiicribus sacerdotis eui incumbit ciu'a ani- marum. Titiiis dicit spectare ad talem sacerdotcm ex lege residentiio donii maiuTo il)i(|UO expectare parochianos qui si velint ad cum veniaiit. Itaquc die dominica ([uidem laborem externum siicerdoti non defuturum ceteris diebus eum optime vacaturum sermoni (|uam maxima cura prae- parando, et studiis sacris, (juin un(iuam domum relin- quat nisi quando expressc vocetur ad infomum vcl ad aliud simile munus praestandum vel honestser recreationis causa. E contra Caius dicit sacerdotem optimum domi adesse nonnisi ad cibum vcl sonnium nccessarium sumcn- dum, toto i-cli(iuo die debcre visitare parochianos, qua?rere oves perditas, etiam qua) extra ovile sint, et die dominica loco sermonis form.alis, ut dicitur, bene posse familiari colloquio dare substantiam meditationis matutinae vel etiam ali(|uid ex pio aliquo auctore legerc. Quum scn- tentias ita diversas nullo modo conciliare possint mutuo consensu theologum adeunt ut juxta theologica principia et mcntem Ecclesia^ rem definiat. (^uaTunt igiUu':
1. Num et quomodo tlifferaiit status parochi ct mis- sionarii ajuid nos?
2. Qua'uam sint pra?cipuai obligationcs talis missionarii?
3. Quid ad casum?
43
44 CASES OF CONSCIENCE
Solution
1. Does the status of parish y)ricsts differ from tliat of missionary priests in Eiighind, and how?
Parish priests are canonically instituted to their parishes, from which they can not be removed except for canonical causes and by canonical pi'ocess. They have ordinary jurisdiction in the internal forum. On the other hand our missionaries are nominated by the bishop whose dele- gates they are, and they can be more easily removed than can parish priests. With regard to their duties, parish priests and missionaries are on the same footing, except that parish priests are bound on Sundays and holidays of obligation to say Mass for their flocks, which mission- aries are not strictly bound to do.^
2. What are the chief duties of a missionary priest? He is bound to residence, to preach on Sundays and
solemn feasts, to catechize, to administer the sacraments to those who reasonably ask for them, to visit his people, and to look after the sick. 2
3. The case. Titius and Caius have different notions of the duty of a parish priest and neither of them has quite the right notion. To get at the correct notion according to the mind of the Church, we must join them both together. The parish priest, as Titius maintains, should find some time for study, he should have a fixed time for it every day as far as possible. Of course he can not make a cast-iron rule on the sul)ject, never to be broken; but he should keep the fixed time sacred for study unless
1 Manual of Moral Theology, vol. i, p. 626 ff . The decree Maxima Cura, 25 Aug., 1910, must now be consulted.
2 Manual of Moral Theology, vol. i, p. 627.
DIFFERENT IDEALS OF PAROCHIAL WORK 45
a more urgent duty i)revontsit. During this time ho should prepare his sermons and catecliisms. On the other hand, there are otlier duties whicli tlie parish priest must not neglect. lie must visit liis flock, ;iiiil cspcciall}' llic sick, without waiting to be called; he nmst seek out those who are straying from the fold, and promote the good of his people in other ways, wliich zeal and cliarity will suggest according to (lie wants of his mission. Caius should raise his standard of what preaching the Gospel demands, and he is altogether wrong in saying that the parish priest satisfies his obligation of prea^'hing by reading a uious book.
10
A NEGLIGENT PARISH PRIEST
TiTius niissionarius sacerdos qui solus curam animarum in quodam oppido Anglico gerit, aliquantulum fatigatus tres ultimos hebdomadte dies apud mare transigere de- crevit, quum nil magiii momenti eum domi detinuerit. Sabbato vespere domum re versus invenit nuntium qui eum vocavit ad Patricium graviter aegrotantem. Expertus cogno^dt ssepe tales parochianos vocare sacerdotem prsesertim sabbatis ad rixas inter conjuges aliosque componendas, unde manere domi statuit. Proximo die ante prandium urgentem nuntium ab amico honesto Patricii recepit in gravissimo periculo esse Patricium eonstitutum, tranquillus tamen prandium sumpsit, et postea ad segroti domum iter est aggressus. Invenit Patricium jam esse mortuum quum tamen factum mortis scitu sit difficile, et putarit fortasse eum adhuc vivere sub conditione absolvit, et anxius domum est reversus. Ad conscientiam pacandum postea quserit :
1. Num obligationes paroehorum et missionariorum nostrorum differant?
2. Qualis sit obligatio residentia;, et cjuid al) ea parochos excuset?
3. Ad quid erga parochianos segros paroehus teneatur et sub qua obligatione?
4. Quid ad casum?
46
A NEGLIGENT I'AUISII J'RIEST 47
Solution
1. This (lucstioii was answcix'd ubovo, ]). 44.
2. What is the duty of residence, and what excuses parisli priests from the duty?
The first part of this question was answered above, p. 40.
The second part may be answered in the words of the " Manual of Moral Theology," (vol. i, p. G31).
" For some good reason, and the need of relaxation is sufficient, a parish priest may, by the common law, absent liiniself from his charge for a period of two months every yeai*. Tlie exigencies of modern })arish duties rarely permit of so long an absence every year. Parish priests may be absent from tlieir i^arishes for a longer period than the two months allowed by the common law when it is made necessary by Christian charit}^, urgent necessity, due oliedience, and the evident advantage of Cliurch or State. The approval of tlio l:)ish()p is always required in these cases."
3. "WTiat are tlie duties of the parish priest toward tlie sick, and how serious are those (hities?
The principal duty of a i)arisli priest toward a parish- ioner wlio is in danger of death is to administer to him the last rites of religion. As he is under a grave obliga- tion to administer the sacraments to his parishionei-s when they ask for them reasonably, the obligation to admin- ister them to one in danger of death when they are speciall}- necessary is still more grave. The priest should not be satisfied with administering the sacraments, but he should repeat his visits, and stiive to console and helj) the sick in their trials and temptations, as the Ritual directs. The Ritual also ])r('scril)es that th(> j^riest sliould do what
48 CASES OF CONSCIENCE
he can to assist the temporal necessities of the sick poor.i
4. The case. Provided that he did not absent himself" too often, Titius did not do wrong in going to the seaside for a short holiday inside the week when he felt tired. He should, however, have some arrangement with a neighboring priest so that in his absence an m'gent sick- call may be sent on to the nearest priest. Unless Titius had good reason to think that Patrick was one of those who send for the priest without necessity or reason, he should not have neglected to go at once. Better go without necessity many times than miss a real case once. When he got an urgent message next day from a respectable friend of Patrick saying that he was in the greatest danger, Titius should have put off his dinner and gone at once to the sick man. He can not be excused from a grave dereliction of duty in not doing so. On finding Patrick apparently dead he did well to aljsolve him conditionally, and he might also have administered Extreme Unction conditionally. Apparent death may precede real death for an hour or two, as modern authorities hold.
1 Ritual, De Visit, et Cora Infirmorum.
11
A PRIEST'S PROPER BISHOP
TiTius vota siiiiplicia in (iiuulam Coiigrcgationc d'uccc- sana emisit et sacerdos titulo Missionis est ordinatus. Post aliquod temporis spatium dimissionem e Congrega- tione obtinuit et benevolum receptorem invcnit vicinse dioecesis cpiscopum, qui in quadam Missione ci curam animarum tradidit. Quod (juum audiret episcopus dioe- cesis in qua Congregatio erat instituta quaesivit a thcologo utrum ipse Titium ad dioecesim suani rcvocare ct opus ci injungere posset. Undo quseritur:
1. Num y\ ordinationis sacerdos dioccesi parliculari sit obstrictus?
2. Ad quid specialiter teneantur o1)ligati juraniento Missionis?
3. Numet quomodo sacerdos ab una in alteram dioecesim transferri valeat?
4. Quid ad casum?
Solution-
1. Is a priest attaclicd to a j)arlicular diocese by his ordination? ,
Yes, the Council of Trent (XXIII, c. IG, Dc Ref.) l)rescribeil that in future no one was to be ordained without being ascribed to that church or pious foundation for whose necessity and service he was accepted, and where
49
50 CASES OF CONSCIENCE
he was to exercise his fuiictions, and not wander about without fixed abode. And if he abandons his post without leave of the bisho}), he is to be forbidden the exercise of his sacred ministry.
2. To what are those specially obliged who are ordained on the title of the mission?
By the terms of the missionary oath they are bound to work in the diocese for which they were ordained under the direction of the bishop, and they can not enter into any Religious Order or Congregation without the leave of the Holy See.
3. Can a priest be transferred from one diocese to another, and how?
Yes, by the mutual consent of the respective bishops, for just cause, a priest may be excardinated from one diocese and incardinated in another. It should l)e done in writing. If a priest has been ordained on the title of the mission he requires the leave of the Holy See to pass to another chocese and he should take the missionary oath afresh. The Bishops of the Province of Westminster were empowered by a decree (S.C. de P. F., IS Aug. 1885), by mutual consent to effect the transference of such a priest from one diocese to another without a renewal of the oatli.^
4. The case. Titius had l)een ordained priest in a certain di(X'esan Congregation on tlie title of the mission. If the Congregation was restricted to a particular chocese, he was ordained for that diocese, and when he leaves his Congregation he becomes merely the subject of the bishop of that diocese, and he can not leave it without the bishop's
1 Collectanea S. C. de P. F. n. 1641 ed. 2da. The Bishops of the United States have a similar faculty.
i
A PRIESTS I'liOl'ER BlSllOl' 51
permission. If ho does so, lie can be recalled under (iireat of censure. If the Congregation was spread in several dioceses, Titius on leaving his Congregation became sub- ject to the bishop of his origin, and if he wants lo join another diocese he should arrange \\\i\\ the bisho}) of his origin. 1
' Vermeersch, Do Kcligiosis Institutes, vul. i, mi. 335 484.
I'AHT III
Duties of Religious
1
A VOCATION TO RELIGION
Caius juvcnis oi)liino ingenio et bonis moribus in quodam Collcgio catholico cducatus quum tempus a Collcgio (liscedendi appropinquaret ad confcssarium accedit ct rogat quid a se sit faciendum. Timet enim ne sit voeatus ad statum rcligiosum, (luuni ab anno fere integro ssepissime cogitatio religionem ingrediendi in mentem vencrit, et facile in isto statu salutem consecu- turum sit ci persuasum, quod ob dispositionem Aivacem et inclinationem ad voluptates satis difficile esset in scculo; attamcn austeritatem vitae religiosse animus ejus refugit. Vult igitur scire utrum teneatur religionem ingredi. Unde quseritur:
1. Quid sit vocatio divina et unde sciatur utrum aliquis vocationeni liabeat?
2. Num voeatus peccet si vocationem non sequatur, vel non voeatus se ingerens in statum religiosum?
3. Quid ad casum?
Solution
1. This question is answered above, p. 23.
2. Does one who is called to religion sin if he does not
53
54 CASES OF CONSCIENCE
follow his vocation, and docs he sin who enters religion without a vocation?
The answer given above with regard to vocation to the priesthood may be applied to this question. With regard to religious life which does not involve the priesthood, many divines hold with St. Thomas that a general voca- tion is given by God to all who are free and suited to the religious state. So that any such persons who choose to enter rehgion for some supernatural motive are in fact called thereto by God. As a vocation to a religious life is a call to perfection and to the practising of the counsels of the Gospel, which do not bind under sin, no sin is com- mitted per se by one who does not follow such a vocation. If, however, he is conscious that by remaining in the world he would expose his salvation to serious danger he would of course commit sin by neglecting the necessary means to save his soul.i
3. The case. Caius, a young man of excellent disposi- tion and good morals, is afraid that he has a vocation to the religious life. The thought of it has often been in his mind during the past year; he is persuaded that he could easily save his soul in that state of life, while he is afraid that on account of his lively disposition and inclination for pleasure he would find it difficult to do so in the world. AVhat deters him is the austerity of religion. Caius manifests some of the ordinary signs of a religious vocation. His fear of the austerity of the life does not militate against his having a genuine vocation, and should not be reckoned when trying to come to a decision. The confessor there- fore should tell Caius that a religious vocation is a great grace which God gives to those whom He specially loves,
1 Manual of Moral Theology, vol. i, p. 642.
.1 \(J(ATI(J\ TO RELKIIOS 55
as He did to the young man in the Gospel. He might tell him that he has many of the signs of a religious V(jca- tion, i)U( he should not atlcmpt to settle the (lucstion himself; he should let Caius do (hat, reeomnicndlng him to make a retreat for the [)Lupose.
IMPEDIMENTS TO ENTERING RELIGION
Caia monialis recenter vota gimplicia professa Titio confcssario manifestat se ante ingrcssum in Religioncm dcliitum viginti librarum cum Paulo contraxisse nondiim solutum, ciijus mentioncm nullam se fecisse .siiperioribus. Porro elicit se quinquaginta libras secum in religionem attnlisse ac Orclini declisse ad compei^sandum victum et vestitum sibi durante novitiatu prsestitum. Titius scit quidem a^s alienum esse religionis impediment um et justitiam esse servandam, nescit tamen ciuid in casu sit faciendum. Unde quseritur:
1. Quinam possint religioncm ingredi?
2. Quomodo differant impedimenta ingressus in relig- ionem substantialia et secundaria?
3. Num Ordo religiosus solvere teneatur delnta per- sonalia membrorum?
4. (^uid ad casum?
Solution
1. Who may enter Religion?
All those who have the aptitude for the duties of religious life and who are not prevented by any special obstacle may enter religion. The chief obstacles are: the necessity of supporting parents, consummated marriage, and debts. Bishops can not become Religious without the leave of
56
IMPEDIMENTS TO KNTERINd REIJCIOX hi
tlic llf^ly Sec. The (lil'tViciit liclij^ioiis OnlcJ-s hiive special impediments in addition to lliese.'
2. How do substantial inipc<linients differ from sec(jndai'y?
The former make religious jjrofession invalid if tliey are not removed beforehand, the latter only render it unlawful. Debts constitute a secondary impediment.
3. Is a Religious Oi'dci- l)()und to j)ay the ])ersonal delfts of its members?
Certainly not. IVrsonal ol)lig-ations of this sort only rtffect him who contracted them.
•I. The case. ( ai;i did wrong to enter Religion without paying hei- debts. She has given all the money she had to ])ay for her ow^i support during the novitiate to her superiors, who know nothing about the debt. She has no money left to pay the del)t now. If she obtains any afterwards by inheritance or otherwise she will l)e obliged to pay the debt with tlie customary interest. Jn the meantime it will l)e suflicient if she repents of her fault, and resolves to fulfil her obligations when she can do so.
' Manual of Moral Theology, vol. i, p. G43.
OBSTACLES TO VOCATION
Patricius sacerdos secularis et in Aiiglia missionarius sed in Scotia oriundus consilium {X'tit Cuii regularis in his circumstantiis. Pati'icius jjaucis ahhinc annis quod- dam seminarium dia'cesanum in Anglia intravit et post juramentum Missionis emissum tandem aliquando fuit titulo Missionis ordinatus. Postea per duos annos Mis- sioni cuidam inserviens plurimum in vinea Domini fructum attulit. Attamen pericula talis vitse expertus et amore perfectionis religiosa? Opatus Episcopi rogat licentiam in patriam revertendi animo ibidem monasterium (juodtlam intrandi. Negat Episcopus, quinimmo asserit Patricium esse jam in statu })erfectionis nee rationem adesse relig- iosam vitam desiderandi, cujus quo facilius obliviscatur jubct ut ad aliam Missionem pauperrimam ubi nee labor nee paupertas sint defuturi se confe^at. Patricius igitui' a Caio petit.
1. Qugs obligationes Missioni inserviendi sibi incumbant?
2. Num verum sit statum sacerdotis secularis esse statum perfectionis?
3. Num et sub (|uibus conditionibus I'cligionem ingredi valeat?
4. Num teneatur Ej)iscopo ol)edire quoad aliam Mis- sionem?
58
OBSTACLES TO VOCATION 59
SoLUTION^
1. Under what obligations docs Patrick lie of serving the Mission?
Patrick is Ixnuul to sciac the diocese for which he was ordained by the very fact of liis ordination and by his promise of canonical obedience to the Bishop. He is also bound by the terms of the missionary oatli which he has taken.'
2. Is it true tliat (lie state of a secular priest is a state of perfection?
A certain stability of life is necessary to constitute a state of life in the strict sense, and that it may be a state of acquiring perfection it should impose the obligation and offer special means to attain perfection. The secular priesthood is not a state of acquiring perfection, as there is not the requisite stability, nor does it offer special means of acquiring perfection. On account'-of the w'ant of stability it can not strictly be called a state in which perfection is exercised hke the state of bishops, but in the opinion of Suarez it may be called an imperfect and in- choate state of exercising perfection on account of the priest's duty of working for the sanctification of others.^
3. Can Patrick enter Religion and under what conditions? If Patrick can get the leave of the Holy See he may
enter Religion, but that leave is required by the terms
of the missionary oath. He should therefore be advised
to make up his mind whether as far as can be known he
has a true vocation, anel then if he wishes to follow it
he must ask leave from the Holy See, which will doubtless
^ Trent, xxiii, c. IG Dc Ref.; Manual of Moral Theology, vol. i, p. 634.
''Suarez, De Relig., tract, vii, lib. i, cc. 14, 15, 17.
60 CASES OF CONSCIENCE
fij-st consult the Bishop and then grant leave or not as it judges to be for the best.
4. Is lie bound to obey the Bisliop and accept the poor Mission assigned to him?
It may reasonably be doubted whether Patrick is so obliged if he does not wish to leave his present post. To transfer him to a poorer and harder Mission has the appear- ance not of promotion but of degradation,, and Patrick has done nothing to deserve that. When the First Council of Baltimore laid it down that priests were obliged to obey the bishop when he bade them accept any mission within the diocese, the S. Cong, de Prop. Fide sub- stituted for it this clause: "We admonish priests that mindful of the promise made at their ordination they should not refuse to accept any mission assigned to them by the bishop " (Collectio Lacensis recent. Concil., Ill, p. 22). Which is much less peremptory.
RELIGIOUS AND SECULARS
Caius saccrdos secularis pi-o (luadam dioeccsi Anglica titulo Mis«ioiiis ordinatus noii Icvia signa vocatioiiis ad statum religiosum ncc ad l)r('\'c tcmpus in se expertus consulit dv oa re suuiii inissionai-iuni Rectorem, qui negat se iiitelligcrc (luid ci dcsit ad summam ])orfectionem acquiroiidaiii, cjuippc fiiiuni legatur in IV Cone. West, d. XII, n. 7: " Insuper a Domino, infu-niitatum nostrarum miseratore, eximia nobis in Anglia pro regno veritatis militantibus ad perfectionem sacerdotalem adqiiircndam eoneeduntur auxilia. Sacerdotio quo insigniuntur mis- sionarii eoncredita est cura animarum ct ideo omnimoda quae h^tatui i)astorali adnexa sunt dona spiritualia: porro pastores sunt prsesertim pauperum, Jesu amicorum ' qui non habent retribuerc nobis ' ; i})sique etiam pauperes, et pauperum eleemosynis nutriti et contenti. Aeeedit etiam quotidiana et ferme perpetua in aliorum oneribus allevandis, in infirmis solandis, in moribundis sublevandis die noctuque, proprise voluntatis abnegatio. Denique restat insignis juramenti missionarii et gratia et jirivile- gium quo, in limine apostolatus suscepti, ad instar obla- tionis Jesu in Cruee facta*, semetipsos vivum et bene- plaeens sacrificium Deo Patri de die in diem liljere se off(M-unt." "En tibi," dieit Rector, "status perfec- tionis et cjuidem stabilis vi juramenti Missionis, ])au|)ertas etiam, castitas, et obedientia, (luitl aliud liabcrr in re- el
62 CASES OF CONSCIENCE
ligione potes quod ad perfectionem acquirendam con- ducat." Caius tameii adhuc non contentus secreto con- sulit Julium reguLirem qui optimam vocationem agnoscens afRrniat nihil inipcdire quominus Caius statim transeat ad religioneni, (luum hoc privilegium sit concessum in jure saccrdotibus secularibus, nee obstare juramentum Missionis quod utpote contra consiHa evangelica obicem ponat Spiritui Sancto, juxta S. Thomam, in III, dist. 39, q. \. a. 3, q. 3 ad 2, ubi addit Anghcus haec verba: " Quod ipso facto quo quis jiu-at se rehgionem non intraturum perjurus est." Unde quseritur:
1. Num status sacerdotis secularis curati sit status perfectionis?
2. Num saltern status religionis sit status perfectionis altior statu sacerdotis secularis ciu^ati?
3. Quinam status sit majoris dignitatis?
4. Quid ad casum?
Solution
1. This question is answered above, p. 59.
2. Is the religious state a higher state of perfection than that of a secular priest with the cure of souls?
Yes, the office of a secular priest with the cure of souls is not a state of perfection in the strict sense, for he is bound by no perpetual obligation to give himself to the duties of his office. The Cliurch permits them to abandon their office and enter religion, which is a proof that the rcUgious state is of greater perfection than the office of a secular priest, as St. Thomas teaches (H-II, q. 184, a. 8). This, of course, does not prevent some priests being personally more perfect than some religious, as St. Thomas also teaclies (II-II, <i. 184, a. 4).
UKLiaiOVS AM) SECULARS 63
3. Which state is liighor in dignity?
Secular priests liave precedence over Rehgious, and this is a mark of their greater dignity of rank in the eccle- siastical hierarchy.
4. The case. The cjuotation from the Fourth Council of Westminster shows the excellence of the priestly office, and tlie necessity of having great virtue in order to fulfil its duties worthily. Hut as was said above, it wants the stability required for a state in the strict sense, and it does not of itself provide the safeguards and the helps which a state of perfection should provide for the acquiring of ix'rfection. The missionary oath does not Ijind a priest perpetually to devote himself to the cm^e of souls, nor is he under vows of poverty and obedience. His promise of canonical obedience only binds him to obey the bishop in matters belonging to clerical discipline, and not to leave the diocese without the bishop's consent. In I'eligious life the priest will be under the perpetual obligation of the three vows, and he will have innumerable helps and safeguards for the practice of the highest perfection. Julius was also wrong in saying that Caius might (Miter religion at once. He must not enter without leave of the Holy See as he is bound by the missionary oath. This oath does not bind him not to enter, but not to enter without leave of the Holy See, whose business it will be to find out whethei- the pul)li(' good of the diocese will |)(>i"mit of his abandoning his ofhce and seeking his ])i-ivate good in religion. So that the (juotation from St. Thomas is not to the |)oint.'
' Cf. liistnic't. S. L\ de P. F., 27 \\ni\, 1S71, Dc Titulu Oniinatioiiis, n. U).
THE OBLIGATION OF THE RULE
Caio S. J. religioso contra verba expressa Sancti Funda- toris statucntis niillas Constitutiones, Declarationes, vel orclinem iillimi vi\'eiuli ])osse obligationem ad peccatum mortale vel veiiiale iiiducej-e illi Doctores peccare videntiir cjui tradunt rcligiosmn qui regiilam traiisgrediatur non- obstante dicta declaratione S. Fimdatoris saltern fre- cjuenter venialiter peccare. Glossis suis, minime fiindatis, ut Caio \idetur, dicti Doctores laqueiim peccati inducunt in ciuem ne filii propter \iolationem regulae inciderent summopere ca\at legifer Pater. Contra Caiuni Titius alter religiosus iirget S. Ignatium voluisse ut universae Constitutioncs, Declarationes, et ordo vivendi exacte observarentui*, ut ali(iuam saltern obligationem inducerent, ne mera consilia haberentur, ac praeterea naturam status religiosi et ipsius rei esse ponderandum. Uncle quseritur:
1. Quid sit regula alicujus Ordinis religiosi?
2. Qualis orclinarie sit obligatio regulae Ordinum re- ligiosorum?
3. Quid requiratur ut actus liumanus sit bonus, quid sufficiat ut sit malus?
4. Quid ad casura?
Solution 1. What is the Rule of a Religious Order? The Rule of a Religious Order in the strict sense is
64
I
THE OHLldATlOS OF TIIK Ui LK 65
(listin^uisliod from the Constitutions. In the older Ordei-s the Rule was u brief method of life drawn up by some of the great foundei-s of Religious Ordei-s, SS. liasil, Augus- tine, Benedict , and Francis, in oi'dci' to guide their followei-s in the striving after the peii'ection jjroper to tlicii- state. The Constitutions were added suhseciuently and further developed and explained those Rules. In the Society of J(>sus the Constitutions \\ci'(" drawn up by St. Ignatius, and the Rules were added subs('(|uently. In tlic follow- ing ease Rule is used widely to designate both Constitu- tions and Rule in the strict sense.
2. WTiat is ordinai'ily the obligation of the Rule of Religious Ordei-s?
Certain precepts which arc often contained in the Rule bind under grave or venial sin according to the matter and the intention of the lawgiver. Wliat immediately con- cerns the vows also l)inds undei' sin. Rules merely pre- scribing external discipline bind according to the will of the legislator. In most Religious Orders these rules do not bind directly under ])ain of sin, but only under the penalty imposed by autliority.^
3. What is required that a luunan act be good, and what is sufficient that it be evil?
The object, the end, and all the circumstances nnist be good that the action may be good; any defect will make it at least pai'tially e\'il.
4. The case. Caius tloes not distinguish what certainly recjuires distinction. The ruU' of silence, for example, does not bind under sin. so that a Religious who breaks it does not sin against the Mule. Rut if a Religious talks
' XoniuuS. C. EE. et RR., lUOl, n. 320; S. Thomas, Suninia, II-II, q. ISO, a. 9.
66 CASES OF CONSCIENCE
when lie should keep silence, there will generally be some fault in what is said, or in the manner of saying it, or in tlu> motive for breaking silence. There will generally be something said against charity or obedience, some loss of time on one side or on the other, some weakening of discij^lino, some indulgence of the spirit of curiosity, grumbling, or idleness, so that often there will be venial sin committed. This follows from the nature of things, and coukl not be prevented even if the founder wished to prevent it. Actions that are inordinate can not be made ordinate at the will of the legislator. This is what St. Thomas (I.e.) means, and other theologians after him, when they say that frequently religious commit sin by violating their Rule, even when it does not directly l)ind under sin.
A RELIGIOUS LEGATEE
Caius religiosiis visitabat Titium anticjuiim suum amicum qucm moribuiidum iiivciiit. Caium discessurum revocabat Titiiis ct dicobat se ei legasse in testamcnto mille libras sterlinas. Caius jam pctierat suam ex OiiUik^ dimissionem quam infra paiicas hebdomadas locum habituram cxpcctabat, uncle rog^iAit Titium ut curaret legatum solvendum cuidam mensa) argentaria) sibi tra- dendum quandocumque illud peteret. Post dimissionem acceptam Caius legatum petiit ac recepit, anxius tamen utrum licite et valide nccne, dc quiestione confessarium consuluit. Unde qua}ritur:
L Quid sit votum paupertatis et quinam sint ejus effectus?
2. Quomodo gravitas peccatorum contra paupertatem mensuretur?
3. Quid ad casum?
Solution'
1. What is the religious vow of jioverty and what arc its effects?
The essence of religious poverty consists in the voluntary renunciation of personal and independent ownei-shij) and use of property for love of Jesus Christ. The effects of the solemn vow differ from those of the simple vow. The
67
68 CASES OF CONSCIENCE
effects of the solemn vow are to render the Religious incai)ab]e of individual and personal ownership of any property that has money value. The simple vow does not d('i)rivo the Religious of the direct, but of the indirect ownership of })ro[)erty; so that he can not lawfully use or dispose of anything that has a money value without the leave of his superior. ^
2. How is the gravity of sins against poverty measured?
By the same rule that measures the gravity of sins against justice, for as the malice of theft consists in taking what belongs to another against his reasonable wish, so the maUce of sins against religious poverty consists in dis- posing of property without leave of the Superior against one's promise made to God and against that Superior's wish .2
3. The case. If Caius was under solemn vows at the time when the legacy was paid in to the bank at his request he has no right to keep the money except with the leave of the Order to wliich he belonged. For in that case the legacy belongs to his Order: Quidquid monachus a^quirit non sibi sed monaslerio acquirit. If, liowever, he was only under simple vows he was capable of receiving the legacy validly, as his personal property, and he may keep the money as his. AVhether in accepting the legacy he sinned or not against his vow^ of poverty depends on w^hether he had at least the reasonably presumed leave of his superior or not.
' Manual of Moral Theology, vol. i, p. 049 f. 2 Ibid., p. 651.
VARIOUS QUESTIONS ON POVERTY
Caius religiosus a suo corifessario qiiaerit utriim violatio adsit paupertatis rcligiosa) vel peccatum in aliquo ex sequentibus a se actis. (a) Quinque libras sterlinas accepit ah amico distribuendas pauperibus, quas distribuit sine iilla superioris licentia. (h) Pctiit ab amico ut expensas educationis cujusdam pueri solveret, annuit amicus ea conditionc ut gummas requisitas toties Caius ab ipso peteret et solveret; quod fecit etiam inconsidto superiore. (c) A saccrdotc seculari qui onerabatur ]^lu- ribus Missis pro stipendio cclcbrandis quam celebrare posset, rogabatiu' ut duodecim accipcret gratis celcbrandas, quod fecit iterum inconsulto superiore. (d) Quum su- perior proliibuisset quominus uncjuam sui subditi extra domum sine expressa licentia pranderent, laute apud amicum inscio superiore prandit. Unde qua^ritur:
1. Ad (juid obliget votum paupertatis religiosa)?
2. Quale peccatum sit violatio paupertatis?
3. Quid ad casum?
Solution
1. To what does the vow of religious poverty oblige?
The vow of poverty obliges the Religious not to exercise any aCt of ownership with regard to things that have a money value without the leave of the superior.
69
70 CASES OF CONSCIENCE
2. A\'hat sort of a sin is a breach of poverty?
Of its kind a breach of poverty is a mortal sin, but it may be venial for hghtness of matter. Matter which is grave in theft is also grave in violations of poverty.
3. The cases, (a) Caius, a Religious, received from a friend £5 for his poor, and distributed the money with- out the Superior's permission. If he distributed it as his own in his own name he violated poverty; otherwise, if he acted merely as the almoner of his friend. Often ReHgious are forbidden by rule to keep money, and if the Order to which Caius belonged had such a rule, he broke it by having money in his keeping. (6) In asking a friend to pay for a boy's education and acting as his intermediary Caius did not violate poverty. There was no act of ownership in the matter. We suppose that Caius did not make himself liable for the money, (c) Caius did not sin against poverty by promising to say twelve Masses gratis for the secular priest. He merely disposed of his Mass, which he may do without violating poverty. {(1) Against the express orders of his Superior, Caius took dinner with a friend outside the monastery. He sinned against obedience and also against poverty, according to the common opinion. For without the leave of his superior he disposed of food, a thing which has money value. Lugo excuses him from a violation of poverty on the ground that one who eats a dinner merely passively receives a benefit; but it may be replied that one who eats a good dinner is by no means merely passive.
A MEDDLING LAWYER
Caius S. J. saccrdos cliim cxcrcitia spiritualia tradohat in quodam conventu monialium quae ex approbatione S. Sedis vota simplieia emittebant, a superiorissa rogaba- tur utnuu sui convent us monialis hatred! tatem ex patre intestato adirc posset, nam jurisperitus catholicus cujus consiliis utebatur oonventus id negabat, ductus, ut aicbat, exemplo rccenti apud Jesuitas (luorum ctiam crat juris- peritus. Caius resi)ondit esse optanduni ut jurisperitus ad consilium danduni de l(>gis Anglicic prajscriptis se restringeret, nee legem ecclesiasticam attcntarct; nam (luatenus etiam professi in >Socictate Jesu pro monastcrio l(>gata acciperc possint, haereditas vero sensu legis Anglicse potius legato (juam luereditati juris Romani correspondeat, nihil impcdire (juominus i)rofessi S. J. in Anglia etiam hirreditatcs pro monasterio adeant. Unde qucuritur:
L Quid sit paupertas religiosa ct (luinani sint ejus effcctus ex ipsa rei natura?
2. Quinam sint effectus jjuupertatis religiosic ex legis eeclesiasticie dispositione?
3. Quid de scntentiis legisperiti et Caii?
SOLUTIOX
L What is religious ])ov(>rty and wliat are its natural effects?
71
72 CASES OF CONSCIENCE
The fii'st part of this (iiu^jstion is answered above, p. 67.
The effects which follow from the nature of religious po\'(>rty may bo summed up by saying that one who has taken a vow of poverty can not lawfully accept, dispose of, or use any property without leave of his superior. Acts of ownership are unlawful, not invalid.
2. What are the effects of religious poverty which are due to ecclesiastical law?
The personal incapacity of one who is solemnly professed to own property, and the conseciuent invalidity of acts of ownership exercised by him, are effects of positive law. Similarly, that one who has a simple vow may retain the direct ownership of property, but that its income must be spent and not allowed to accumulate, is due to positive law. To the same source is due the rule that whatever a Religious acquires he acquires for his monastery, not for himself; and the special rule of some Orders by which the solemnly professed can not accjuire anything by inher- itance or operation of law even for their monasteries.
3. The case. The rebuke administered to the lawyer by Caius was not undeserved. It by no means follows that because a professed Father of the Society of Jesus can not succeed to property left by an intestate relative, tliercfore a nun with only simple vows can not do so. In fact such property becomes hers, but she can not dis- pose of it or administer it without leave of her Superiors. There is some foundation for what Caius says about the difference between an inheritance in Roman and in English law. The heir in Roman law represented the person of the deceased and succeeded to all his rights and obliga- tions. Hence one good reason why a Religious should not succeed as heir. In English law the executor or per-
A MEDDLING LAWYER 73
sonal representative is more ukin to the Roman heir than is the Enghsh heir-at-law. Still in practice Jesuits who have taken their last vows are lield incapable of succeed- ing to property that would devolve upon them by opera- tion of law if they had not taken their last vows. ICntailed property and property of intestates come under the rule, but not legacies.
A WIDE INTERPRETATION OF THE RULE
Caius religiosus medicum consulturus ad civitatem adiit expensis itineris et prandii in civitatc comedendi a superiore acceptis. Ipse vero amiciim quemtlam in civitate invisit et apud eum lautissime pransus et tessera pro via ferrea primee classis ad domum redcundum munitus pecimiam pro prandio et reditu a superiore acceptam cigarris emcndis consumpsit, licentiam enim ut sibi dixit pro rebus parvis acceperat. Postea tamen cigarris con- sumptis angi scrupulis incepit prsesertim quum amicus plus quam libram sterlinam in eum expendisset. Unde quaeritur :
1. Qualis licentia superioris religiosum excuset a viola- tione paupertatis?
2. Quale peccatum committant religiosi qui pauper- tatem violent?
3. Quid ad casum?
Solution 1. What sort of leave of the Superior excuses a ReUgious from a violation of poverty?
Express, virtual, and tacit leave certainly are sufficient to excuse a Religious from committing sin when he dis- poses of property. Presumed leave is also sufficient if the Superior can not be asked. Whether it is sufficient
74
A WIDE INTERPRETATION OF THE RULE 75
or not when the Superior can be <;;ot at but is not asked on account of the trouble it involves, or for some similar reason, is a disputed jjoint. Pi-(jbaljly it is sufficient, be- cause a Religious who acts with the presumption that the Superior woukl give his consent if he were asked does not act independently of his Superior; he docs not exercise an act of private ownei-ship. \'enial sin, liowever, may be committed even then, because the Superior is unwilling that leave should be presumed without necessity, though he would grant it if he were asked. ^
2. What sort of sin do Religious who violate poverty commit?
This question was answered above, p. 70.
3. The case. Caius dined with his friend without leave of his Superior. If this act was against the will" of his Superior so that he had not even presumed leave, he sinned against poverty according to the conunon opinion, as was said above. In accepting a first-class ticket for his railway journey back, he did not violate poverty any more than he would have done if his friend had driven him back in his carriage. In buying cigars with the money saved, he sinned against poverty, for he used the money as his own without any leave of his superior. It would, however, only be a venial sin, for the matter was not very grave, and the transaction cost the monastery nothing.
* G^nicot, vol. ii, n. 94.
10
THE VOW OF CHASTITY
Catharixa monialis professa in quadam Congregatione religiosa confitetiir cum magna difficultate et post multas ambages se contra secundum votum deliquisse pravis cogitationibus indulgendo et etiam se impudice tangendo; ex aliis ejus dictis colligit Titius confessarius eam seminis effusionem procurasse aliquando ut asserit nullo modo ad voluptatem capiendam sed tantum ad prmitum sedan- dum. Quo audito Titius ei dieit sufficere intaliljus tactum impudicum confiteri. Unde quseritur:
1. Quod sit objectum voti religiosi castitatis et num actus internes comprehendat?
2. Num specie distinctum peccatum mollitiei tum apud viros tum apud mulieres detur?
3. Num unquam liceat seminis effusionem extra usum matrimonii procurare?
4. Quid ad casum?
Solution
1. Quod sit objectum voti religiosi castitatis et num actus intemos comprehendat?
" Vote castitatis ob motivum religionis non solum pro- hiberi extemos actus luxurise, sed quemlibet etiam internum, adeo compertum est apud omncs ut in eo immorari necesse non sit," ait Lehmkulil (I, n. 687).
76
THE VOW OF CHASTITY 77
2. Num specie distinctum peccatum mollitioi turn apud viros turn apud mulieres detur?
" Etiam in fciniiiis datur pollutio (juse a venerea volup- tate inconipleta specifice diffcrat, ideoque in confessione distincte accusanda sit. Ita opinamur eiim communi doctrina etiam recentiorum," inciuit Genicot (I. n. 390).
3. Num unquam liceatseminis effusionem extra usum matrimonii procurare?
Quatcuus seminis effusio voluntaria extra concubitum maritalem est graviter et intrinsece mala nunquarn licet illam directe procurare.
4. Ad casum. Ad integre confitendum debet Catliarina declarare quoties pravis cogitationibus indulserit, et quoties impudice sese tetigerit. Procurabat seminis effu- sionem seu i)lenam delcctationem vencream ad pruritum sedandum non ad voluptatem capiendam. (^uatenus tamen seminis effusio directe quaerebatur taraquam medium ad fincm, et illud medium est intrinsece et graviter malum, mortaliter Catliarina pecca\it. Ait Lehmkuhl (I, p. 58G), nota: " Pollutionem non permittere solum sed procurai'c vel intendere, secundum S. Alphonsum, (III, 476), omnes damnant mortalis peccati, etsi fieret sanitatis vel servanda? \atie causa. Quare distinctio inter pollu- tionem physiologicam et moralem, (juasi ha^c sola, qua; voluptatis causa fiat, illicita sit. licita ilia, si voluptatis intentio et approbatio desit, i)lan(> excluditur."
Ex dictis sequitur per se non sufficere etiam feminas confiteri tantum impudicum tactum quando completa voluptas venerea est admissa. Attamen mulierem con- fitentem tactum impudicum non tenetur confcssarius interrogare utrum i)ollutioneni admiserit, nam ut ait Genicot, citans Berardi : " Rectc scribit Berardi (Prax.
78 CASES OF CONSCIENCE
conf. n. 851) : ' Dicente pcnitcnte Me tetigi, si constet quod vcre nialitiose se tetigcrit, praesumendum est, quod actum ad fincm suum naturalem perduxerit; unde (sivc dc viris, sive de feminis agatur) interrogationes de re ista omitti posse dicerem. Verum est quod aliqui actum interrumpunt. ctsi malitiose ilium inceperint, sed exinde confessarii obligari nequeunt ut omnibus et singulis qui se tetigisse confiteantur, circa banc ipsam interruptionem in confessionibus ordinariis interrogationes superaddant.' " ^
^ Genicot, vol. i, n. 396.
11
SOLEMNITY OF VOWS
Caius religiosus soleimiiter professus post pracdicationem cum plausu omnium factam in ecclesia quadam scculari rogatur a Paulo missionario qui isti ecclesise inservit, ut iterum tempore Paschatis ibidem praedicet, nee ullas excusationes accipere Paulus vult. Caius igitur serio promittit se venturum, attamen domum reversus recor- datus sententise Doctorum juxta quam votum solemne reddit invalidam omnem obligationem a subdito indepen- denter a voluntate supmoris susceptam dubitat utrum ad quidquam ratione promissionis obligetiu". Undc quaeritur:
1. In quo consistat solemnitas votorum?
2. Quodnam discrimen intercedat inter votiun simplex et solemne obedientise?
3. Quid ad casum?
Solution
1. In what does the solemnity of vows consist?
This is a disputed question among canonists and divines. The better opinion seems to be that it consists in a certain efficacy by which a Religious who is solemnly professed is thereby firmly and perpetually devoted and bound to the service of God in religion and to his Order. It may be called a consecration with St. Thomas.^
^ Lehmkuhl, vol. i, n. G47. 79
80 CASES OF CONSCIENCE
2. ^^^lat is the difference between a solemn and simple vow of obedience?
All must admit that there is a difference inasmuch as the solenm vow is dispensed with greater difficulty than the simple vow. Besides this greater firmness in the solemn vow, some authors maintain that the solemn vow renders the Religious incapable of binding himself by promise or contract except with leave of his Superior, while the simple vow does not render a Religious incapable of bind- ing himself, but he can not bind himself lawfully inde- pendently of the will of the Superior who can annul the obligation. Other authors deny that there is such a dif- ference between the solemn and the simple vow of obedience, though it certainly exists between the solemn and simple vow of poverty. Genicot, vol. ii, n. 103.
3. The case. Caius, a solemnly professed Religious, seriously promised a secular priest to come and preach for him. The promise was made without his Superior's knowledge, but not against his orders. Caius would certainly be bound by such a promise to do what in him lay to fulfil his engagement. The utter invalidity of such promises made by one who is solemnly professed is not necessary for the end of religious life, and it can not be show^n to exist. Caius therefore should tell his Superior of his promise, and unless the Superior uses his authority to forl)id him, he should fulfil it.
THE SACRAMENTS THE SACRAMENTS IN GENERAL
1
REVIVISCENCE OF THE SACRAMENTS
Petrus missionai-ius ad moribuiidum vocatus eumdem ultimis sacramentis ct l)cncdictione in articulo mortis munivit. E cubiculo moribundi post sacramcnta admin- istrata egressui'us rcvocabatur Pctriis a moribiindo qui diccbat — Pater malam confcssioiu^in feci. Coiifossione itcrum audita ac absolutione data, Petrus dubitabat utrum cetera sacramenta ac benedictionem iterare necne deberet. Unde qua?ritur:
1. Quid sit sacramentum informe et formatum?
2. Num remoto obicc sacramentum informe reviviscat?
3. Quandonam l)enedictus in articulo mortis bene- dictione papali indulgentiam lucretur?
4. Quid ad casum?
Solution
1. \Miat is a formed and unformed sacrament?
A formed sacrament not onl}' has everything required for its vahdity Init the ro(iuisite dispositions are present in the recipient, so that it pro(hices grace when it is received. An unformed sacrament is vahdl}' received, but for want
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82 CASES OF CONSCIENCE
of the necessary dispositions in the recipient it does not at the time produce grace in the soul.^
2. Does an unformed sacrament produce grace when the impediment to grace is removed?
Baptism, Confu-mation, Order, when received unformed, according to the common opinion, produce gTace in the soul on removal of the obstacle. Many authorities teach the same with respect to Matrimony and Extreme Unction. Penance probably docs. The Eucharist does not.^
3. \Mien does the last blessing take its effect?
The last blessing takes effect at the moment of death. It may be given immechately after Extreme Unction and then its effect is suspended until the moment when death takes place. -"^
4. The case. Peter, a missionary, had given a dying man the last sacraments and the papal blessing. "When he was leaving the room the dying man called him back and told him that the confession which he had just made was a bad one. Peter heard his confession again and absolved him, but was in doubt as to whether he should repeat the other sacraments and the papal blessing. He should not repeat Extreme Unction for it can be received only once in the same sickness, and the doctrine of re\dv- iscence makes repetition unnecessary. Nor need he repeat the last blessing, for it will take its effect at the moment of death. He may and should administer Holy Communion again for the previous Holy Communion was sacrilegious.
' Manual of Moral Theology, vol. ii, p. 17.
2 Ibid., p. 18.
' Lehmkuhl, vol. ii, n. 709.
THE MINISTER OF THE SACRAMENTS
Caius missionarius sacerdos ct rcligiosus Titii amici iCgToti 11011 tamen pcriculosc decumlx'iitis qui in districtu Julii saccrdotis secularis dcgebat confessioncm domi ipsius audicbat ct ipsum sacra communionc rcficicl^at. Quod quum Julius audisset scripsit Caio ha3c: Nisi ignorasset legem ecclesiasticam ([ux a piopiio sacerdotc sacramenta esse suscipienda prajscribat eum non extra districtum ipsi assignatum sacramenta administraturum. Caius se quid- quam contra ullam legem ecclesiasticam fecissc negabat, ac si vigeret lex ecclesiastica aliqua communis qua) pra3- scriberet sacramenta a parocho esse petenda, eam mis- sionarios quales in Anglia habemus non afficere aflfirmabat. Unde quseritur:
1. Num sacramenta sint administranda a proprio parocho ex jure communi et a quasi-iiarocho in hac regione?
2. Num detur lex specialis qua) religiosos quominus Eucharistiam ministrent prohibeat?
3. Quid ad casum?
Solution
1. Are the sacraments to be administered by one's own. parish priest according to the common law. and by the priest who has charge of the district in England and America?
83
84 CASES OF CONSCIENCE
The parochial sacraments of Baptism, Extreme Unc- tion, Marriage, the Easter Communion, and Maticum must be so administered according to the common law. Penance may be administered by any priest who has faculties in the place where the confession is heard. In England and in the United States the Easter Communion according to present discipline may be made in any church or public oratory. 1
2. Is there a special law which forbids Religious to administer the Eucharist?
Religious strictly so called are forbidden under pain of excommunication reserved to the Pope from administer- ing Extreme Unction or the Eucharist as Viaticum to the clergy or laity except in case of necessity without leave of the parish priest.^
3. The case. No objection could lawfully be made to Caius hearing the confession of Titius, his sick friend. The faithful have a perfect right to go to confession to any priest who has faculties in the place. With regard to Holy Communion there is more difficulty. Whenever Holy Communion is of precept, as is the Easter Communion and the Viaticum, it is jw se a parochial sacrament, and Religious are specially forbidden to administer it. How- ever, in the case, communion was not of precept, but of devotion. To carry the Blessed Sacrament publicly to the sick is reserved to the parish priest. In English- speaking countries it is not carried publicly to the sick, and some authors maintain that in such places Regulars may carry Holy Communion to the sick in secret unless the Bishop prohibits it. In England the Bishops make
1 Manual of Moral Theology, vol. i, p. 627.
2 Manual of Moral Theology, vol. ii, p. 40G.
THE MINISTER OF THE SACRAMENTS 85
known their wish that Holy Communion should not be carried to the sick by Regulars or others without the permission of the priest of the district. The Society of Jesus has a special privilege in this matter for use in the Missions under Propaganda.
A SHEEP THAT STRAYED INTO THE FOLD
Julius recenter institutus missionarius in quodam dis- trictii in Anglia visitabat Catharinam viduam satis pro- vectse setatis. Julio interroganti utrum esset Catholica affirmabat, at simul dicebat se aliquando fuisse Anglicanam. "A quonam fuisti in Ecclesiam recepta?" rogat Julius. " A nemine, sed veni," respondit altera, '' semper enim Anglicana audi\i utramque esse essentialiter eamdem Ecclesiam Christi, unde incepi ad vestram ire ecclesiam ubi singulis mensibus sacramenta recipio, nunc enim sum vera catholica et scio Anglicanismum hseresi et schismate esse infectum." Rogata ulterius utrum fuisset baptisata, dicebat se supponere id sibi infanti esse factum in ecclesia protestantica vicina ad quam pertinuisset, parentes vero religionem fere neglexisse. Nihil aliud dicebat Julius Catharinse sed inquirebat a ministro utrum ejus nomen fuerit in registro baptisatorum istius ecclesise protes- tanticse, et quum nullum illius indicium fuerit inventum, pergebat ad domum Catharinae quam inveniebat subito morbo correptam et sensibus destitutam. Vellet scire quid a se sit in casu faciendum; et quid si Catharina convalescat. Unde quseritur:
1. Quinam possit valide et licite sacramenta recipere?
2. Quaenam sit relatio baptism! ad cetera sacramenta?
86
A SHEEP THAT STRAYED INTO THE FOLD 87
3. (^uid l';iricii(liiiii ciini (|iiis in Ecclosiam recipiatur?
4. (^uid ad casuin?
SOLIITION
1. A\'li() can I'cceivo the sacraments valklly and lawfully? In adulls Ihc intention to receive the sacraments is
necessary for their validity. For the lawful reception of the sacraments of the livinii; the state of grace is necessary, and for the lawful reception of the sacraments of the dead faith, hope, and attrition. No intention or disposition is necessary in those who ha^'e not the use of reason for the reception of the sacraments of which they are capable. ^
2. "What is the relation of Baptism to the other sacraments?
The \'alid reception of Baptism is necessary for the valid reception of the other sacraments.-
3. What is to be done when a convert is received into th(> Church?
Incjuiry must first be made about the baptism of the new convert. If it is certain that he has never been baptized, after a profession of faith he should be baptized absolutely. If it be doubtful whether he was ever baptized he must make a profession of faith, be baptized condi- tionall}' in private with holy water without the ceremonies in PJngland, be conditionally absolved from censures, and then from sin after a full confession of his whole life. If he has been validly ba})tizcd already, he should make a jirofcssion of faith and be absolved from censm*es.3
4. The case. One may seriousl}' doubt whether
1 Manual of Moral Theology, vol. ii, p. 41 ff.
2 Ibid., p. 41.
•■'Form for the Reception of a Convert, edited by the Bishop of Newport.
88 CASES OF CONSCIENCE
Catherine had ever been baptizetl. She herself supposed that she had been, but she had no positive information on the point; her parents were careless about relif^ion, and her name was not to be found in the parish register. She should therefore be baptized conditionally again. If she is in danger of death, this should be done at once, though she is not conscious, and then she should be absolved conditionally and anointed. If she is not in danger of death, the priest should do nothing till she recovers. After recovery in any case she should be formally received into the Church according to the method described above, for as she had not formed an express intention of receiving Baptism, the validity of the Baptism administered while she was unconscious would be doubtful, even if she had not been baptized in infancy. Whether the sacraments which she had been in the habit of receiving every month were valid or not would depend on \Aliether she had been validly baptized Her recc^^tion of them was not lawful, but her good faith excused her.
4
THE INTENTION TO RECEIVE BAPTISM
Paulus Anglicanus ad fidem Catholicam conversus et sacerdotio aiictus nihil magis in votis habebat quam ut patrcm in ecclesiam reciperet. Quiim de fide Catholica cum patre colloqueretiir hie semper finem discursui im- posuit dicendo: " Nee volo nee nolo eonverti; sed si tibi consolationi erit potes me ante mortem baptisare:" nam dubie tantum erat infans baptisatus. Quodam die nuntiiim accepit Paulus patrem graviter segrotare. ad quem cjuum festinasset eum jam intra hora' spatium mortuum invenit. Sine mora sub conditione patrem baptisatum aljsolvit et unxit jjuritei' sub conditione. Unde q uteri tur:
1. C^ualis intentio HMjuiratur in subjecto sacrament orum?
2. Quomodo mors ap])arens a morte reali distingui possit?
3. Quid ad casum?
Solution
1. \Vliat sort of inteiition is i-(M[uire(I in llie sul)ject of the sacraments?
A neutral intention is not sufficient. In order that Baptism may be certainly valid tlic aihill to l)e l)aptized must have at least an habitual and c^xpress intention to receive the sacrament. An implicit intention will probably
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90 CASES OF CONSCIENCE
suffice. For Penance and Matrimony a virtual intention is ncccssar}'. A general or implicit intention is sufficient for the other sacraments.^
2. How can apparent death be distinguished from real death?
The absence of vital functions, breathing, pulse, cadaveric spots on the body, and the loss of their luster by the eyes, are more or less certain signs of death. Unequivocal signs of death are putrefaction, and cadaveric rigidity, though the latter does not always appear so as to be perceptible.-
3. The case. Paul, a convert and a priest, wished greatly to convert his father, whose baptism as an infant was doubtful. After talking about conversion the father used to close the conversation by saying: " I am indif- ferent about conversion, but if it will be any consolation to you, you may baptize me before death." One day Paul got a message that his father was seriously ill and he hastened off and found that he had died within an hour. He at once administered baptism, penance, and Extreme Unction conditionally. The father was not in fit dispositions to be received into the Church during his life; he had not the requisite faith. However, he had consented to be baptized before death, and was presumably in good faith. According to recent author- ities real death, which is the separation of soul and body, does not take place for some time after apparent death. The length of the period between apparent and real death, according to these authorities varies in different cases;
* Manual of Moral Theology, vol. ii, p. 42 f.
^ Capellmann, Pastoral Medicine, p. 201 : Antonelli, Med. Pas- torales, vol. ii, nn. .508 ff.
THE INTENTION TO RECEIVE BAPTISM 91
one or two hours is a safe mean reckoning. Paul is not to be blamed for using this opinion and doing all that he could do for his father's salvation. For although his father luul no rigid to the sacraments inasmuch as he was not a visible member of the Church, yet it is a probable opinion that he had the requisite dispositions for being made one and for receiving the sacraments under con- dition at death.
5
SIMULATION OF THE SACRAMENTS
Agnes propter metiun gravem a patre satis severo incussum matrimonium cum Alberto cui maxime repugnat inire promiserat. Ipso mane matrimonii ineundi petit Caium parochum ea intentione ut se metu coactam esse declaret. Attamen in ipso confessionali consilium mutat, aliquos defectus manifestat et petit absolutionem. Quum Caius certam materiam absolutionis obtinere nequeat, simplici benedictione earn dimittit, quin tamen quidquam de absolutione non data eam moneat. Postea Agnes formam matrimonii init quod quum postea esse ex gravi metu initum legitime fuerit proljatum, nullum et irritum esse auctoritate ecclesiastica declaratur. Quum Agnes proxima vice ad confitendum venit nee quidquam dicit de matrimonio simulato Caius dubius haeret utrum eam interrogare necne debeat. Unde quseritur:
1. Quid sit sacramentum simulare?
2. Num unquam liceat sacramentum simulare?
3. Quid ad casum?
Solution
1. What is simulating a sacrament? The 29th proposition condemned by Innocent XI
92
SIMULATIOX OF THE SACRAMENTS 93
asserted: " Urgent and grave fear is a just cause for simulating the administration of the sacraments." This false proposition was applied by its defenders to such cases as the following: To avoid death a priest might utter tlie words of consecration over all the bread in a baker's shop without the intention of consecrating it; or the words of absolution over an indisposed penitent without intending to absolve him ; or might give a non-consecrated Host to one who was unworthy to communicate. Hence simulating the administration of a sacrament acquired a technical meaning and signified the use of the matter or of the form of a sacrament without the intention of completing and making the sacrament.^
2. Is it ever lawful to simulate a sacrament?
The absolute condemnation of the above proposition by the Holy See shows that it is never lawful to simulate a sacrament either formally, when deception is intended, or materially, when deception is not intended l)ut only permitted. The chief reason is because by such simula- tion a portion of a sacred rite instituted by Christ for the making of a sacrament and the conferring of grace on the souls of men, is used without tlie intention of completing the sacrament. Such an illusory use of a sacred sign is greatly injurious to God, and can not be rendered lawful even by the pressure of grave fear.
3. The case. Agnes should have kept to her resolution of telling the parish priest the truth about her case. Still she was not guilty of simulating the sacrament of marriage, for both the matter and form of this sacrament lie in the consent of the parties, and as Agnes did not consent, she did not simulate marriage in the technical sense. A
' Viva, DainnatiP theses.
94 CASES OF CONSCIENCE
fortiori Caius did not simulate the sacrament of Penance, for he dismissed her with a blessing. Caius, therefore, was under no obligation of questioning Agnes about the simulation of marriage.
BAPTISM
1 BAPTISM AT DEATH
Caius in Africa meridionali missionarius instruxerat Titium in fide Catholica quam Titius quidem credidit veram, attamen earn amplccti ante mortem noliiit. " Volo ante mortem baptisari," dieebat, " ut Clmstianus moriar quamvis vivere Christianus non possim." Post paucos annos Caius aiidicns Titium esse moribuudum ad cum convolabat quem scnsibus destitutum quum invenisset baptisabat. Postea tamcn Titius convalesccbat nee admit- tere se esse Christianum volebat. (^userit igitur Caius utrum debeat iterum l)aptisare Tiliuni si (juando in pcri- culo moi-tis constituatur. Unde quieritur:
1. Qua'nam conditiones rc(]uirantur ad validitatem baptismi ex parte subjecti?
2. Quaenam conditiones requirantm- atl liceitatem bap- tismi ex parte subjecti?
3. Num baptismus reiterari possit vel debeat saltem sub conditione?
4. Quid ad casum?
Solution
1. \Miat conditions are required for tlio valitlity of baptism on the part of the recipient? The only condition on the part of the recipient wlio
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96 CA6ES OF CONSCIENCE
has the use of reason that is requisite for the vahdity ot Baptism is a wish to be baptized. An habitual wish is sufficient. In such as have never had the use of reason, not even this wish is required for the vahdity of the sacrament.^
2. What conditions are required on the part of the recipient for the lawful reception of Baptism?
Faith, hope, and at least attrition for sin are necessary dispositions for the lawful reception of Baptism. ^
3. May Baptism be repeated or ought it to be repeated at least under condition?
Baptism may and should be repeated under condition whenever there is prudent doubt whether a person has been validly baptized. Otherwise it should not be repeated.^
4. The case. Titius had expressed a wish to be baptized before death. He must be presumed to have intended to })rocure Baptism when he was in danger of death, as he could not wait till he knew whether death in reality ensued or not. Caius, then, acted according to his express will when he baptized him on finding him out of his senses and in danger of death. The Baptism was therefore valid though afterward Titius would not acknowledge his obligations, and it should not be repeated if he again falls into the danger of death.
1 Manual of Moral Theology, vol. ii, p. 62.
2 Ibid., p. 62.
3 Ibid., p. 63.
2
A YOUNG CONVERT
Anna ))uella Protestantica duodccim annos nata ct per plures annos in schola clemcntari Catholica a monialibus educata petit a Titio (lui isti Missioni in Anglia sittc inser- viebat lit in cccelesiam Catholicam recipiatur. Titius ex responsis siiis qusesitis datis invcniteam esse puellam optima) indolis, satis bene in rcligionc Catholica instrue- tani, ct fii'mam habere intentioncm rehgionem Cathohcam amplectendi. Attamen bene scit earn infra breve tenapus scholam reHcturam, patrem ecelesise Cathohcam maxime infensum voknitatis fiUa3 esse ignarum ct certo certius consensiim negaturum, et merito timet ne si Anna recip- iatur acathohci sat miUti ciui suos hberos ad camdem scholam mittant de suis anxii illos a schola removeant. Dubius igitiu' qiia^rit :
1. QiuB dispositiones in adultis requirantur ut ipsi ad baptismum admittantm*?
2. Num vel quando liceat filios familias infidelium vel hsereticorum baptisare?
3. Quid faciendum in casu su})ra cxposito?
Solution
Wliat dispositions arc required in adults that they may be admitted to Baptism? For valid reception they must have the will to be bap-
97
98 CASES OF CONSCIENCE
tized, and that it may be lawful they must have faith, hope, and that sorrow for sin which is called attrition. ^
2. Is it lawful to baptize the children of infidels and heretics, and when?
The First Council of Westminster (d. XVI, n. 6) says: " Baptisare potest sacerdos infantes parentibus acathoHcis natos, dummodo consensus habeatur eos in vera religione esse educandos, et patrinum seu matrinam catholicam habeant." When children come to the use of reason they are their o^ii masters per se and independent of their parents in what relates to religion. However, in con- crete cases, converts of tender years should seldom be received unless they can Ije brought up amid Catholic surroundings. The danger of their afterwards falling away, of scandal and the opposition of parents and others must be considered, lest more harm than good be done. Non-baptized parents are not subject to the Cliurch and St. Thomas teaches that it would be against natural justice if an infant of such parents who is in no danger of death were to be baptized without their consent.^ 3. What is to be done in the case? Ann, a girl of twelve, educated by nuns in a Catholic elementary school, asked Titius, the parish priest, to receive her into the Church. Titius finds out that she is a good girl, well instructed in the Catholic faith, and determined to become a Catholic. However, in a short time she will leave school, her father is anti-Catholic, would certainly refuse his consent to her becoming a Catholic, and Titius fears that if she were received many non-Catholic parents would withdraw their children from
1 Manual of Moral Theology, vol. ii, p. 62. 2Ibid., p. 63.
A YOUNG COX VERT 99
the school. Under these cireumstances Titias should tell Ann tliat he will receive her if she can get her father's consent; thai until she can do this she should foster the grace that has been given her by being good, constant at her pra3'ers, reading good Catholic books, and patiently waiting till she is older or can get her father's leave to enter the Church.
REMEMBERED HIS OWN BAPTISM
Caius ad fidcm Catholicam e sccta anglicana conversus rogatiu- de suo baptismo a Titio sacerdote eum in Ecclesiam recepturo; " Bene omnes circumstantias recorder," ait Caius, " nam Unitarianus natus annos viginti f actus sum Anglicanus. Minister sane Anglicanus ante baptismum mihi explicuit ritum baptismi nullius efficacise superna- turalis esse, tantununodo esse ceremoniam externam qua homines ad coetum Cliristianum sint aggregati. Qua declaratione attonitus, ulterius inquirere incepi, et nunc tandem aliquando in veram Ecclesiam recipi volo." Ex aliis Caii dictis Titius colligit ministrum Anglicanum baud ea reverentia et attentione esse usum in l^aptismo confer- endo qua uti deceat, ceterum rite materiam et formam adhibuisse, dubitat tamen utrum necne saltem sub con- ditione Caium baptisare debeat. Unde quseritur:
1. Qim attentio et intentio requirantur in sacramentis conferendis?
2. Quid prsescribatur quoad baptisandos converses ad fidem in Anglia?
3. Quid ad casum?
Solution
1. What attention and intention are required in con- ferring the sacraments?
100
REMEMBERED HIS OWX BAPTISM 101
Attention, or itdvcrtcnce of the mind to wlmt is being done, is requisite imder pain of venial sin for the lawful administration of the sacraments, ])ut it is not necessary for their validity. What sort of intention is recjuirod is ox- plained by all api)rov(>d authors.
2, "WTiat is prescribed with regard to baptizing converts in England?
The First Council of Westminster (d. XVI, n. 7), de- creed: " Regulam absolute innovamus, pra}cipientes, omnes a Protestantismo conversos esse baptisandos con- ditionate, nisi ex inchibiis probationibus certissime constat in ipsorum baptismo omnia rite fuisse peracta, quoad materia? et forma) applicationcm. Hujusmodi baptis- mus non fiat publico sed omnino privatim, cum aqua lus- trali et absque cseremoniis. Confessio etiam sacramen- talis semper in tali casu est exigenda."
From this decree may be gathered what is prescribed by other ecclesiastical regulations: viz., that whenever there is question of recei\dng any one into the Church, incjuiry should be made about the postulant's Baptism. After inquiry, when there is any prudent doubt whether the person was ever baptized or whether the Baptism was valid, Baptism is to be administered conditionally, accord- ing to the method laid down in the decree.
3. The case. Caius well remembered all the circum- stances of his Baptism administered by an Anglican minister when he was twenty 3'ears old. The Anglican minister did not act very reverently, but he rightly applied the matter and form. The intention to baptize Caius must be presumed. As all the essentials for valid Baptism ivere present, the Baptism was valid, and Titius must not baptize him again. He must absolve him from
102 CASES OF CONSCIENCE
censures after he has made a profession of faith, and then direct him to make a general confession of his sins committed after Baptism. The AngHcan minister did not hold the Catholic faith about Baptism, but his heresy could not make the sacrament invalid, if it had all the essentials for validity.
4
A TOO ZEALOUS PASTOR
• Caius sacerdos zcluntLssiiiius jjro salute aiiiinanmi visitai-e solct non tantum Catliolicos sed etiam quaercrc extra ovilc ovcs pcrdilas. Si iiivonit in faiiiiliis Pro- testanticis infantes debiles vel aggros qui probabiliter usiim rationis nunquam sunt adeptiiri, rogata liccntia cis benedicendi cos seci-oto l)apti.sat, api)lieando eorum ca- pitibus sudariolo antca madefacto. Julius vcro alius sacer- dos qui cidcni ]\Iissioni inscrvit Caiuni condemnat inju- ria) contra sacramentuni ct infant iuni parcntes. Hinc qua}ritur:
1. Quinam sint minister ct subjcctuni l)aptisnii?
2. Num liccat infantes baptisare invitis parentibus?
3. Quid ad casum?
Solution
1. Who is the minister and who the subject of Baptism? The ordinary minister of solemn Baptism is the pai'ish
priest, who may delegate his office to another priest, and for just cause even to a deacon. In case of necessity any one may baptize.^
The subject of Baptism is an}- living pei-son who has not been baptized.
2. Is it lawful to baptize chiklren against the wish of their parents?
1 Manual of Moral 'riicolojiy, vol. ii, \). 52. 103
104 CASES OF CONSCIENCE
If the i)arents arc Iwiptizctl Christians tlie Church has a right to baptize their chikh'eu even against their will, inasmuch as tliey themselves are sul^jects of the Churcli, and l)oun(l to obey her laws. In ])ractice, such a right can onl}' be used rarc^ly and with great caution and proper safeguards. If the parents are not baptized and therefore not subject to the Church's laws, their childi'en may not be baptized before they have reached years of discretion without the consent of the parents except when they are in danger of death. After they have attained years of discretion they are not subject to their parents in the matter of religion. ^
3. The case. Caius should exercise discretion in his zeal. If the children that he baptizes have never pre- viously been baptized and are in danger of death his zeal may be praised. No injury is done to the parents and the children on dying are assured of a place in heaven. If the children have previously been baptized or if they are not in danger of death when he baptizes them, Caius does wrong. In the former case he is guilty of reiterating Baptism, in the latter he baptizes a child who will not be brought up as a Catholic. The mere probability of their dying before they attain the use of reason is not sufficient to justify his action. Mere apphcation of the wet handker- chief to the children's heads would not be valid Baptism; the water must run, or at least the wet handkerchief must be moved so as to express the sacramental sign of washing.
1 Manual of Moral Theology, vol. ii, p. 63.
b A CONVERT FROM JUDAISM
Rebecca pareiitibus Judieis nata ab eisdem in con- ventu educanda moiiialibus erat concredita. Sexdecim annos jam liabens jjroximo anno o convcntu egressura educationc finita rogavit Titium sacerdotem rcgularem ut ipsam in Ecclesiam reciperet. Titius invenit earn bene in Catholica fide instructam, dc cjusdem vcritatc plane persuasam, sed parentcs prorsus invitos quominus Cathol- icam religionem amplectatur publicc. Titius autem nescit utrum in liis eircumstantiis ejus precibus annucre debeat saltern ut seereto Catholica fiat. Unde qua?ritur:
1. Quisnam sit baptismi subjectum?
2. Num filii familias invitis parent ibus baptisari possint?
3. Si filius infidelium vel acatholicorum baptisetur quid sit circa ejusdem educationem cavenduni?
4. Quid ad casum?
Solution
The first ([ucstion was answered above, j). lO."} antl the second, p. 101.
3. If a child of infidel or non-Catholic parents b(^ bap- tized, what should be done about its education?
Means should be taken to secure the child's (Hlucation in the Catholic faith. With a view to this the First Council of Westminster (d. X\'I, n. (>). decreetl: " Bap- tisare potest sacerdos infantes pai'cntibus acatholicis
105
106 CASES OF CONSCIENCE
natos, diminiodo consensus habeatur eos in vera religione esse educandos, et patrinum seu matrinam Catholicam habeant." The Holy Office has more than once repUed to questions on the point that unless those who are offered for Baptism are in danger of death it is not lawful to baptize them if they are to be left under the care and education of their infidel parents. Thus on March 15, 1770, the following answer was given: " Non licere extra mortis periculum conferre Baptismum ab utroque parcnte infideli oblatis quoties iidem infantes post receptum baptisma sub potestate et educatione eorumdem infidelium gen- itorum sunt relinquendi.'" ^
4. The case. Rebecca should not be received unless she can publicly profess and practise the Catholic faith. She should be told that there would be no difficulty in receiving her if she could get her father's consent. Even if she can not get her father's consent to her reception into the Church directly, if a place in a Catholic family or amid Catholic surroundings could be provided for her, and her father agreed to her accepting the place, she might then be received at once. If she is under the ne- cessity of returning to her father's house and living under his authority, and if she can not get his consent to her becoming a Catliolic, her reception should be put off' till she becomes her own mistress. The danger of perversion, of scandal, of complaints against convents, in general render immediate reception unadvisable in these circum- stances. She should be taught how she may preserve her good dispositions by prayer, leading a good life, reading good books, etc., until such time as she can be received into the Church.
^ Bucceroni, Enchiridion Morale, p. 109.
6 WHAT BAPTISM IMPLIES
Sequens casus fuit propositus in " Pastoralia " Jan., 1901.
Quodam die dominico mulier cum matrina Protes- tantica attulit infantem ad ccclesiam Catholicam baptisan- dum. A parocho interrogata dixit se et maritum fuisse in fide Catholica educates, amplius tamen earn non pro- fiteri, quum una religio sit 2eque vera ac alia. Quatuor alios liberos fuisse quidem baptisatos in ecclesia Catholica, nunc vero scholam publicam (Board-school) frecjuentare, nee se ad scholam Catholicam cos mittcrc velle. Se hunc infantem attulisse ad ecclesiani Catholicam baptisandum quia ceteri ibidem baptisai'cntur, ncc in ecclesia Protcs- tantica nee alibi fore baptisatum nisi a parocho baptisetur. Unde parochus cjuserit:
1. Num infantem baptisare debuerit?
2. Quum patrinus Catholicus non esset procurandus nnm matrinam protestanticam admittere ei licuerit?
3. Sccus num sine patrino et cum ca^remoniis baptisare debuerit?
4. In illo casu (luid de responsis in Rituali, et quinam infantem tcnere (lcl)uorit duni baptisaretur?
Solution 1. Ought the priest to have baptized the child? The Baptism would indeed have been valid, but it may
107
108 CASES OF CONSCIENCE
be doubted whether the priest should administer Baptism in such eases. The child is in no danger of death, both parents have fallen away from the Faith and no longer profess to be Catholics, the mother openly asserting that one religion is as good as another. The other children are going to a non-Catholic school, and there is no probability that this one will be brought up a Catholic. Under these circumstances the priest should not baptize the child unless he can in some way secure a Catholic educa- tion for it.
2. As a Catholic sponsor could not be procured, could a Protestant be admitted in such a case?
No, a Protestant may never be admitted as a sponsor in Baptism.
3. Ought Baptism to be given without sponsor and with the ceremonies?
The Sacred Congregation de Propaganda Fide, April 1, 1816, answered that if proper sponsors can not be had, Baptism which is necessary must be given without sponsors who are not necessary. ^
4. In that case who should make the answers in the Ritual, and who should hold the infant while it is being baptized?
The priest himself might make the answers, and the mother or any one else might hold the child, for that act alone would not make her a sponsor.
1 Collectanea S. C. de P. F., n. 618.
PARENTS' NEGLECT
Lucius sacerdos in Aiiglia missionarius iioii sine moerore invenit plures pueros et puellas in sua schola elementari non esse baptisatos. Quidam sunt ex parentibus Catholicis quidem sed valde negligentibus et vitiosis, alii Protestan- tibus qui in rebus religiosis sunt indifferentes, nati, quos omnes post debitam instructionem in catechismo datam volentes baptisabat, et quemdam Lucillum quatuor annos Catholicis parentibus natum valde pedibus et pugnis reluctantem vi sacro fontc abluit. Qua? non sine admi- ratione vicini sacerdotcs audierunt. Unde quaeritur:
1. Num filii invitis parentibus baptisari valeant?
2. Num et quil^us sul) conditionibus filii hajreticorum baptisari possint?
3. Quo tempore et qua obligationc baptismum pro filiis procurare parentes teneantur?
4. Quid ad casum?
Solution The first question was answered above, p. 104, and the second, p. 98.
3. "\Mien and under what obligation are jjarents l)ound to have their children l)aptized?
Catholic parents are bound to have their cliildrcii bap- tized as soon after l)irth as they can conveniently. Accord- ing to approved theologians it would be a grave sin for
109
no CASES OF CONSCIENCE
parents to put off their child's Baptism for a month without good cause. 1
4. The case. Lucius did right to baptize the children of Catholic j)aronts who had not been baptized. They are being educated in the Catholic school and they can thus be instructed in the Catliolic religion. It is plain that there has been grave and culpable negligence on the part of their parents. For the same reason he was right too in baptizing Lucillus. He was only four years old and had not yet the use of reason, so that his resistance need not cause scruple or doubt. It was probably directed against a function w^hich he considered objectionable but which he did not understand. As his parents were Catholics the Church had a right to baptize him. Lucius should not have baptized the children of Protestant parents with- out procuring a promise from the parents that they should be brought up Catholics and allowed to practise the Catholic religion. He should in addition have provided them with sponsors w^hose duty it would be to watch over their Catholic education. The Baptism, however, even of these was valid, and Lucius should do what he can to educate them as Catholics and induce them to lead Catholic lives.
1 Manual of Moral Theology, vol. ii, p. 63.
8 NOX-CATIIOLIC SPONSORS
Julius liiissionarius in Anglia tempore coiisueto quadam Dominica vadit ad eeelesiam ad Ijajjtismum admiiiistran- dum si qui forte sint baptisandi. Inveiiit infantem baptisandum cum matrina et Tullio Catholico qui dicit se esse procuratorcm j^ro avunculo infaiitis, qui promisit se fore patrinum. Tullius interrogatus de avunculo dicit eum esse Anglicaniun, sed divitem a quo spes non exiguas parcntes infantis concipiunt. .Julius vero dubius est quid in casu facere debeat. Unde qua^ritur:
1. Quinam et quot patrini esse possint vel debeant?
2. Qua^nam sint patrinorum obligationes?
3. Nuni licterodoxus patrinus in baptismo Catholico, vel Catholicus in baptismo haeretico admitti possit?
4. Quid ad casum?
Solution
1. Wlio may be sponsors in Baptism and how many may there, or ought there, to be?
All who have attained the use of reason and have been baptized themselves may be sponsors unless they are expressly excluded l)y law. The following are excluded: " The parents of the ])ers()n baptized, if both are living, heretics, those who are excommunicated, or intei'tlicted, public criminals or people without rei)utation, those who
111
112 CASES OF CONSCIENCE
are ignorant of the rudiments of the Faith, and members of Rehgious Orders. Others are sometimes prohibited by Pro\aneial law, as the folloudng in England: those who have not reached the age of puberty, those who have not been confirmed or who have not made their Easter duties, and ecclesiastics." ^
According to the Council of Trent one only, whether male or female, or at most one male and one female may be admitted as sponsors.
2. What are the duties of sponsors?
They answer for the person baptized at Baptism, receive him from the hands of the minister after Baptism, and if necesssary act as his instructors in the Faith.
3. May a non-Catholic sponsor be admitted in Catholic Baptism, or may a Catholic be sponsor in non-Cathohc Baptism?
No; both are prohil^ited as being communicatio in sacris.
4. The case. Julius can not allow the Anglican uncle to be sponsor in Baptism for a Catholic child. If he is afraid that great offence would be given to the parties concerned if he were openly to refuse to allow him to be sponsor the easiest way out of the difficulty would be to let the godmother, who is a Catholic, act alone \Aithout saying anything to Tullius. The latter would be per- mitted to stand by while the Baptism was being admin- istered, but he would not ])e allowed to touch the child.
^ Manual of Moral Theology, vol. ii, p. GO.
CONFIRMATION
1
NECESSITY OF CONFIRMATION
Caius in Anglia Missionarius districtum circumit ut sciat quinam coiifirmari dobcant ab Episcopo mox vcnturo. Invcnit Tullium ])atremfamilias Catholicum qui se un- quam fuisse confifinatuni iiegat. Intorrogatiis quomodo id accidisset dicit sc ex verecundia iion venisse ut tem- pore statute puer confirmai'etur, nee propter eamdem causam postea id saeerdoti confiteri ausum esse. Caius ei pereuadet ut saltern nunc sacramentum tarn necessai'ium nostris diebus suscipiat, utrum vero Tullius ob neglectum debeat generalem confessionem al) letate puerili instituere dubitat. Unde quseritur:
1. Qua?nam sint materia ct forma confirmationis?
2. Quandonam et a quo sit conferenda?
3. Num sit sacramentum necessarium?
4. Quid ad casum?
Solution
1. What arc the matter and form of Confirmation?
The common opinion is that the anointing with chrism, together with the simuUaneous imposition of the hand of the bisliop on the forehead of the confirmed pereon while he makes on it the sign of the cross with the clii'ism,
113
114 CASES OF CONSCIENCE
is the adequate and essential matter of the sacrament. The form is: "I sign thee with the sign of the cross and I confirm thee with the chrism of salvation, in the name of the Father, and of the Son, and of the Holy Ghost." ^
2. AMicn and by whom is Confu'mation to be adminis- tered?
According to modern disciphne Confirmation is given to baptized persons who have attained the use of reason and have been well instructed in Christian doctrine. The bishop of the diocese is the ordinary minister of Con- fu-mation; a priest may be delegated by the Pope to admin- ister it.
3. Is it a necessary sacrament?
It is not necessary necessitate medii; whether it is nec- essary necessitate prcecepti is a cUsputed point among theologians. St. Thomas with many other approved authors deny that it is.^
4. The case. Tullius neglected to receive Confirmation not out of contempt but from shyness. As is clear from the dispute among theologians, it is not certain that in doing this he committed a mortal sin, and no one should be held guilty of mortal sin unless it is clear and certain that he has committed mortal sin. Tullius, therefore, should not be obliged to make a general confession, unless indeed he thought that he sinned mortally by acting as he did.
> Manual of Moral Theology, vol. ii, p. 67 f. 2 Ibid., p. 74.
THE llULV EL'CIIAlllST
ADULTERATED ALVTTER
Sylvius sacerdos audit adulterationem ciborum eo usque pervenisse ut triticum ct vinum quae altari inser- viaiit inficiat. Nam ut farina sit quam maxime alba ex qua hostia) conficiuntur ablato germinc tritico admis- cetur alumen; ex modica autem quantitato viiii gciiuini ope aquse et artis chimicae quantitas quadrupla conficitur; et cum tali materia Sylvius fere per annum ot saepe pro stipendio Missam celebravit. Mediis opportunis sumptis ut deinceps saltem materiam debitam habeat, quaerit quid a se quoad prseteritum sit faciendum. Unde quseritur:
1. Qua^nam sit materia SS. Euchaiistia??
2. Num consecratio sub una specie sit valida, vel unquam licita?
3. Quid ad casum?
Solution L WTiat is the matter of the Holy Eucharist? The remote matter of the Eucharist is twofold, wheaten
bread and wine of the grape. ^ 2. Is consecration under one species vahd, and is it
lawful?
' Manual of Moral Theology, vol. ii, p. 82. 115
116 CASES OF CONSCIENCE
It is certainly never lawful. Consecration of one species is certainly valid when there is the intention of consecrat- ing both species, l;)iit the consecration does not take effect, because, for example, the host is not wheaten bread or what is in the chalice is not wine of the grape. Even if a priest pronounces the words of consecration over one species with the intention of consecrating it alone, the consecration wdll be valid, but it does not constitute the Sacrifice of the Mass, since Mass consists essentially of the consecration under both species.
3. The case. The taking away of the germ from the grains of wheat and the addition of a little alum for the sake of greater whiteness would not change the w^heat substantially, and so hosts made of such wheat w^ould still be valid matter for the Eucharist, but it should not be employed. The sophisticated wine, however, was not wine of the grape, and it was not valid matter for Mass. The consecration under one species was nevertheless valid, and perhaps sufficient for the application of the fruits of Mass to the intentions of those w4io gave the stipends. Ballerini says that in such cases priests have recourse to the Holy See to know what should be done, but he admits that probably all obligations resting on the priest by reason of accepting the stipends have been fulfilled by the con- secrations under one kind.^
1 Balleriui, Opus Morale, tract, x, sec. iv, n. 230.
FASTING COMMUNION
TiTius Missionarius in Anglia sacerdos vult scire iitrum non-jcjima3 possit S. Communionem deferre Mariae parochiaiiit; quae phthisi laborct ct singulis binis horis lac ex medici prsecepto sumere debeat quamvis lectulo non dccumbat. Aliquoties melius sc habere sentiens Maria vcnit ad Missam hora nona a.m. et vellet tunc etiam non-jejuna S. Communionem recipere si hoc pe mittatur. Ipse etiam Titius sencx aliquando influenza ej usque sequelis lal)orans a Missa dicenda abstincrc per duos vcl per tres menses cogitur. Posset autem aliquando Missam cele- brare si extractum carnium vel aliciuid hujusmodi pra;\'ie sumere licerct, de quo tamen dubitat, et edoccri petit. Unde quseritur:
1. Ad ([uid obliget lex jejunii ante S. Communionem?
2. Quid intlulserit decretum S. C. C, Dec. 7th, 190G?
3. Quid ad casum?
Solution
1. To what does the law of fasting before Holy Commu- nion oblige?
This law forbids those to receive Holy Communion who have taken any food or ch'ink whatever after mid- 117
118 CASES OF CONSCIENCE
night. Those who are dangerously ill are excepted from the obhgation of tliis law.
2. ^^^lat mitigation was permitted by the decree S. C. C, Dec. 7th, 1906?
The dispositive portion of the decree is as follows: " Infirmi qui jam a mense decumbunt absque certa spe ut cito convalescant de confessarii consilio SS. Euchar- istiam sumerc possunt semel aut bis in hebdomada, si agitur de infu*mis (|ui degunt in piis domibus ubi SS. Sacramentum asservatur, aut fruuntur privilegio celebra- tionis Missae in oratorio domestico; semel vero vel bis in mense pro reliquis, etsi aliquid per modum potus antea sumpserint." By a subsequent decree dated March 6th, 1907, it was explained that the term decumbunt comprised those '' qui quamvis gravi morbo correptos et ex medici judicio jejunium naturale servare non valentes nihil- ominus in lecto decumbere non possunt aut ex eo aliquibus horis dici surgerc queunt."
The conditions therefore required for the application of this decree are: (a) The person should have been seri- ously ill for a month, and there should be no reasonable hope of recovery within a short time, say, a month. (6) With the advice of the confessor Holy Communion may be received once or twice a week if the Blessed Sacrament is reserved in the house where the sick person lies, in other cases once or twice a month, (c) Though something liquid has been taken after midnight, e.g., tea, chocolate, soup, even if an egg has been broken up in it.
3. The case. From what has been said it is clear that Titius may take Holy Communion to Mary even though she has taken milk every two hours after midnight.
The decree is not applicable to those who can and do
FASTI Xa COMMIXJOX 119
go to Church not fasting, according to the interpretation put upon (he decree at Rome, and followed by approved authors. " Videtur requiri ut S. Eucliaristia sit in cu- biculum deferenda,'' says Genicot, (II, n. 202. ed. Ga). The mitigation of the law is granted to the faitliful who wish to communicate, not to priests who wish to say Mass.
THE FAST BROKEN
TiTius sacerdos cjui solus cuidam Missioni inservit tussi laborans pastillum in os immittere solet ut noctu dormire possit. Quadam nocte horologio horam duodecimam sonante expergefactus pra)ter intentionem aliquid pas- tilli quod adhuc in ore manebat deglutivit. Dubitare incipit utrum liceat mane Missam celebrare quam populus audire debeat ex praecepto (erat scilicet dies dominica), vel sine Missa eos dimittere debeat. Unde quserituf:
1. Quid requiratur ad comestionem qua jejunium ante S. Communionem prsescriptum frangatur?
2. Num parvitas materiae vel quoad cibum sumptum vel quoad tempus post horam duodecimam in hac lege jejunii admitti possit?
3. Num intentio facere possit ut jejunium aliter non fractum frangatur?
4. Quid ad casum?
Solution
1. What is required for a violation of the fast prescribed before Holy Communion?
What is taken must have the nature of food or drink or medicine; it must be from without the mouth; and it must be taken in the way food is usually taken, not e.g., by respiration. 1
1 Manual of Moral Theology, vol. ii, p. 110. 120
'/'///•; FAST liUOKES 121
2. Is lightness of iiiattor allowed in this law cither in what is taken or in tlie time?
No, the hiw admits of no Hghtness of matter, for the pi'oliihition does not fall on the food or time, hut on the receiving of Holy ( onununion after taking the least food or drink after midnight.^
3. Can the intention cause the fast to be broken when otherwise it would not be l^roken?
According to the rubric of the Missal (De Def., IX, 3) if a drop of water is swallowed inadvertently while wasliing the mouth it does not hinder Holy Communion. And theologians apply the same rule to a drop of rain, or soup mixed with the saliva and swallowed inadvertently. In these cases the common opinion, wliich St. Alphonsus says is certainly to be held, maintains that if this is done intentionally the fast is broken.^
4. The case. Midnight is past after tlie first stroke of twelve. Titius therefore after twelve swallowed a piece of the pastille which still remained in his mouth. In doing this he broke liis fast even though he did it unin- tentionally, for the sucking of the pastille must be re- garded as a continuous action of eating which did not finish until after twelve. ^
If the necessity for the people to hear Mass is the only reason why Titius should say it, he should abstain from saying it, and explain tlie reason to the pco))le. He may have prayers and give them a sermon. If he has reason to fear scandal or grum!)ling on account of his acting in this way he may say Mass, according to a sound opinion.-*
1 Manual of Moral Theology, vol. ii, p. 110.
2 Theol. Mor., lib. vi, 279. » Ibid.
* Manual of Moral Theology, vol. ii, p. 111.
4
DOUBTFUL DISPOSITIONS
Philippus confitetur sabbato vespere cum intentione communicandi die proxima. Ista tamen nocte cum amicis familiariter conversando, do crimine secreto tertii cu jus- dam loquebatur. Postea vehementer dubitabat ne for- tasse hoc faciendo peccatum lethale admisisset. Adhuc dubius proximo mane ad ecclesiam ivit cum intentione ante Missam suum duljium sacerdoti qui unicus ecclesise servivit confitendi. Quum vero ad ecclesiam pervenisset, ecce sacerdos jam Missam incoeperat. Noluit Philippus sacram Communionem omittere, nee habuit alium confes- sarium cui confiteri potuit. In tantis angustiis putavit se posse cum ceteris accedere ad sacram Communionem intra Missam, quod fecit. Proximo tamen sabbato scrupulis agitatus venit iterum ad confessionem, quod fecisset declarat, et rogat quid facere debuisset. Unde quaeritur :
1. Qusenam dispositiones animse requirantur ad sacram Communionem?
2. (^uomodo et de quibus intelligendum sit illud Triden- tini " Quamprimum confiteatur " (Sess. XIII, c. 7)?
3. (^uid ad casum?
Solution 1. What dispositions of soul are required for Holy Communion?
122
DOUBTFUL UISI'USITIO.SS 123
The dispositions of soul required for Holy Communion are the state of grace and a good and upright intention. ^
2. How and of whom is the precept of the Council of Trent to be understood: " Let him confess as soon as possible" (Sess. XIII, c. 7)?
This is a grave precept imposed by the Council on those priests who though conscious of mortal sin and sorry for it did not go to confession before saying Mass on account of not having a confessor to whom they could confess.-
3. The case. Philip was in doubt whether he was in the state of grace or not, because he was not sure that he had not committed a mortal sin of detraction since his last confession. As he was in doubt, he was not conscious of mortal sin, and only those who are conscious of mortal sin are bound to go to confession before Holy Communion. However, as the Eucharist is a sacrament of the living, and docs not of itself certainly confer grace on a soul deprived of the supernatm'al life of God's grace, those who receive it arc bound to have moral certainty of their freedom from mortal sin in order that the sacrament may be fruitful. Therefore, one who doubts whether he is in the state of grace, although he is not bound to go to confession, yet he is bound to elicit an act of contrition so that thereby he may make sure, morally speaking, of being in the state of grace. Philip, therefore, should have done this, though he did not sin in omitting it, because he was in good faith.
' Manual of Moral Theology, vol. ii, p. 106 ff. « Ibid., p. 107.
5
WAS CONFESSION OBLIGATORY
Caius in Anglia Missionarius Rector cum ancilla noctu peccavit. Proximo mane ad Missam celebrandam obliga- tus quum noluerit juveni sacerdoti curato confiteri quippe qui scandalum pateretur ac quae esset complex suspicari posset, nee alius sacerdos intra tria millia passuum degeret, actu contritionis elicito Missam celebravit. Postea vero scrupulis angebatur quum cogitaret se confiteri curato quin mentionem ullam vel tantum aliqualem sub terminis generalibus peccati cum ancilla faceret, vel saltem sine gra\i incommodo per tramway alium sacerdotem adire potuisse. Unde qua^ritur:
1. Qualis integritasin confessione requiratur et qua lege?
2. Num integritas confessionis sit procuranda etiam peccatum complicis manifestando?
3. Qusenam obligatio sacerdoti incumbat qui mortali gravatus ex defectu confessarii cum sola contritione cele- braverit?
4. Quid ad casum?
Solution
1. What sort of integrity is required in confession and by what law?
By divine law formal integrity is required in confession, which consists in mentioning all the mortal sins which occur to the mind after a diligent examination of con- science and which have not previously been directly
124
WAS CONFESSION OBLiaATORY 12o
absolved, or at least those mortal sins which the penitent is bound under the circumstances to confess.'
2. Is the integrity of confession to be procured by man- ifesting also the sin of one's accomplice?
If the penitent can not confess a sin without thereby making known his accomplice in the sin to his confessor, it is probable that he is not bound to confess that sin to this confessor. The contrary opinion that he is bound to confess it is also pi-obable, so tliat he is free to do so if he choose. -
3. What obligation rests on a priest who because he had not a confessor merely made an act of contrition for a mortal sin and celebrated Mass?
He is bound to go to confession- as soon as possible according to the decree of the Council of Trent (Sess. XIII, c. 7).
4. The case. Caius was not bound to go to confession so early in the morning to the neighboring priest. His going and inciuiring for his confessor at so unusual a time could scarcely help creating suspicion and comment. If he had no other mortal sins on his conscience he was not bound to go to his curate; for the danger of causing him scandal and the probability that he would suspect who was the accomplice excused Caius from confessing this sin to him. If he had other mortal sins not yet con- fessed which he could confess to his curate without these inconveniences he would be bound to confess them before Mass. Otherwise if he has the grace to make a good act of contrition he will only be obliged to confess his sin as soon as possible, i.e., within the next three days.
^ Manual of Moral Theology, vol. ii, p. 104 f. * Bucceroni, vol. ii, n. 720.
6
NON-FASTING COMMUNION
Caius Missionarius Rector statuerat ipse Officia Majoris Hebdomadse peragere, quum vero Feria VI in Parasceve male se habere senserit misit nuntium coadjutori ut illo die fiinetiones sacras perageret. Rcnimtiabatur coad- jutorem jam jentaculum sumpsisse, quo tamen nonob- stante, Caius eum omnia Officia consueta perficere jussit. Quod quum theologus quidam audisset, dubitabat utrum licite esset factum. Unde quseritur:
1. Quo jure statuatur jcjunium ante Sacram Commu- nionem?
2. Num peccet qui statim post Communionem cibum sumat?
3. Quales exceptiones hujus legis admittantur?
4. Quid ad casum?
Solution
1. By what law is fasting prescribed before Holy Communion?
Although reverence for Holy Communion suggests that it should be received before any other food, still in strict- ness it is only the positive law of the Church which pre- scribes fasting before Holy Communion.
2. Is sin committed by taking food immediately after Holy Communion?
126
NON-FASTING COMMUNION 127
Reverence also suggests tliat other food should not be taken immediately after Holy Conununion Ixit, as there is no law on the point, sin is not committed by taking food immediately after Communion.
3. What exceptions to the law of fasting Communion are recognized?
Danger of death, danger of scandal or serious loss of reputation, danger of profanation of the Blessed Sacrament, long continued illness with incapacity to observe the fast, necessity of completing the Sacrifice of the Mass, and probably the necessity of consecrating the Viaticum for a dying person, are recognized as valid excuses for saving Mass and receiving Holy Communion though not fasting.^
4. The case. As Good Friday is not a day of obliga- tion, and no law imposes a grave precept of saying the Mass of the Presanctified, Caius did wrong in bidding his curate who had taken his breakfast perform that function and consequently receive Holy Conununion not fasting. The curate might perhaps have performed the first part of the service and omitted the Mass of the Presanctified, if a considerable number of people had come to church in expectation of the service.
1 Manual of Moral Theology, vol. ii, p. 111.
INTENTION TO CONSECRATE
Caius sacerdos dubius utrum cogitationi pravse con- sensum praestitisset anxius celebrare Missam incoepit. Inter Missam celebrandam nunc se consensisse nunc aliter judicabat, et dubiis occupatus ministrum parvam hostiam pro communione cjuum in altari SS. Sacramentum non fuerit reservatum in corporali apposuisse non advertit. Post communionem sumptam et auditum Confileor a ministro recitatum aspexit et parvam hostiam in corporali vidit. Quid faciendum primo nesciebat, sed mox recor- datus se aliquot abhinc annis propositum efformasse consecrandi in Missa cjuidcjuid decenter consccrabile in altari esset appositum quamvis postea propositum oblitum nunquam renovasset pro communione hostiam ministro prsebuit. Postea tamen dubiis cruciatus petiit a con- fessario utrum celebrando sine praevia confessione aut contritione peccasset, et utrum hostiam ministro dare debuisset. Unde quaeritur:
1. Quid requiratur ad validam Eucharistia? consecra- tionem?
2. Quomodo peccet sacerdos in mortali celebrans?
3. Quid ad casum?
128
INTENT ION TO CONSECRATE 129
Solution
1. What is retiuired lor the vahd consecration of the Eucharist?
The proper matter must be physically present and must bo determined by the intention of the priest when he utters the words of consecration.'
2. How does a priest sin who celebrates in mortal sin? He commits several mortal sins: by consecrating the
Holy Eucharist in sin, by communicating in sin, and by administering Holy Communion to himself though he knows that he is unworthy to receive it.^
.'^. The case. Caius should have made u|) his conscience finally before saying Mass as to whether he had sinned or not. Frcciuently this can be done in such cases by means of j)r(>suniptioiis. If more frecjuently than not he consents to such bad thoughts wlicn attacked by them, he should presume that lie consented in this doubtful case, and should go to confession. If he does not usually consent, the presumption is in his favor, and he may conclude that he did not consent in this doubtful case. If he can not make up his mind but remains in doubt he should at least elicit an act of contrition before saying Mass. He should not have given the host for Communion to his server, for it could hardly have been consecrated under the cir- cumstances. An actual or at least virtual intention is recjuired for the validity of the consecration. He had not an actual intention, for he had not noticed the small host until the communion. Nor had he a virtual intention, for the pm'pose which he had formed many years before
' Manual of Moral Theology, vol. ii, p. 84. 2 Ibid., p. 33.
130 CASES OF CONSCIENCE
of consecrating whatever was capable of being consecrated with decency had not been renewed, and had been forgotten. It could not then continue to have an influence on the act of consecration, and some influence is required for a virtual intention. We must, then, conclude that the small host was not consecrated and it should not have been given for communion.
DOUBTFUL CONSECRATION
Episcopus qiiidam ordinavorat diiodecim neo-sacer- dotes, at post ejus coniinunioncm animadvcrsum est in credentia ad latus altaris ciboriimi quod hostias ad neo-sacerdotes communicandos continebat ex inadver- tentia fuisse relictum. Dubitantem magistrum cere- moniarum quid esset faciendum monct unus suggcrendum esse Episcopo ut hie et nunc consecret ciborium sub conditione et particulas consecratas distribuat; alter vero insinuat eas esse sine dubio jam consecratas vi intentionis virtualis ab Episcopo certe habitat; tertius vero aliquem ex neo-sacerdotibus debere super ciborium verba con- secrationis proferrre ut certo sit consecratum; quartus denique totidem hostias ex tabernaculo esse extrahendas ut neo-sacerdotes Missam a singuHs simul cum Episcopo celebratam integrarent. Unde quseritur.
1. Quid requiratur ad vahdam in Missa consecrationem?
2. Quid ad Hcitam consecrationem?
3. Quid in casu ab Episcopo faciendum, ct quid de variis mediis magistro ceromoniaruni suggestis?
Solution
The first question was answered above, p. 129. 2. "WTiat is required for tlie lawful consecration of the Eucharist?
131
132 ca:se6 of cox science
For the lawful consecration of the matter of the Eucharist the hosts must be whole, clean, and of the usual size and shape, the chalice and ciborium must be on the cor- poral and uncovered, and the consecration must be in Mass as it is prescribed to be said, and under both kinds. ^
3. The case. The first suggestion is altogether inad- missible, if followed it would mean that the bishop was to say Mass again without following the order prescribed by the Church, and was to consecrate under one species alone.
The bishop could hardly have had an intention to con- secrate the ciborium according to the second suggestion, for if he had thought of it at all he would have noticed that it was not on the altar. It is true that it might have been validly consecrated on the credence table, but unless the bishop actually intended to do it this should not be assumed.
The third suggestion has all the inconveniences of the first, for the newly ordained priests celebrate Mass with the bishop.
The reason given for the fourth suggestion is incorrect, for the hosts in the tabernacle were consecrated in another Mass and can not be used to integrate this Mass. How- ever, this suggestion seems to be the best, for thus the new priests can at any rate receive Holy Communion, though the hosts were not consecrated in this Mass as they should have been.
1 Manual of Moral Theology, vol. ii, p. 85.
MASS FOR A NON-CATHOLIC
Caius vetus in Anglia Missionarius recenter pro Regina demortua preces privatus (luidciii ad Dcum fudit, sod aliud facere piaculum fore existimavit. Noii igitur sine admira- tione audivit in ecclesia catholica vicina servitium ves- pcrtinum in mcmoriam, ut dicitur, cum speciali sermone fuisse habitum, in alia Missam fuisse privatim applicatam ut sacerdos ibi postea publico proclamavit, in alia Missam de Requiem publico proanima dcfuncta) fuisse colebratam. Mirabundus igitur Caius thcologum consuluit quid de praidictis sit censendum. Undo qua^ritur:
1. Num lege divina vol naturali sit prohibitum quominus preces publice vel privatim fundantur, vol Missa appli- cetur, pro quibuscumquc?
2. Quid prohibcatur in hac materia lege ecclesiastica?
3. Quid ad casum?
Solution
1. Is it forbidden by divine or natural law to pray publicly or privately or to apply Mass for any one?
Apart from scandal or other extrinsic reasons wo are not forbidden by divine or natural law to pray or to offer Mass for any one whom it will benefit. It is useless to pray or to offer Mass for the damned.
2. What is forbiddcii in this matter by ecclesiastical law?
133
134 CASES OF CONSCIENCE
The Church by her sentence deprives excommunicated persons of a share in the pubhc suffrages offered by her ministers in her name. All acknowledge that by this law it is forbidden to pray or offer Mass publicly for those who are to be avoided as excommunicates. Some hold that it docs not prohibit public prayer for those excommu- nicates who are tolerated. Some think that it is a law which has force only in the external forum, and that privately we may offer Mass for all whom it will benefit, as we may and certainly should pray for all men privately. ^
3. The case. The wonder felt by Caius at an evening memorial service with sermon being held in a Catholic Church for one who had died out of her communion, was not without grounds. Such a thing savors of heterodoxy, not of Catholicism, which does not allow such things to be introduced into her public worship by private author- ity. If the priest who said Mass privately for the dead Queen had kept it to himself, nothing could have been said against him, but when he announced publicly that he had done it, it was much the same as if he had publicly announced beforehand that he was going to do it, and this is not tolerated by the usage of the Church. The Requiem Mass publicly offered for the dead Queen was contrary to the practice of the Church, which we should follow in all tilings, and against the express declaration of Gregory XVI, 16 Feb. 1842: "Veteri ac nova disciplina interdictum est ne homines in externa notoriaque heresum professione defuncti Catholicis ritibus honorentur."
1 Manual of Moral Theology, vol. ii, p. 116.
10
STIPENDS FOR MASS
Caius sacerdos missionarius in Aiiglia dnm cxcrcitiis spiritualibus vaeat sc'rui)uli.s aiigitur de obligationc ratioiic stipcndii Missse celebrandse. Pergit igitiir ad confessarium cui iiaiTat se plures Missas pro stipendio celebrandas solere accipere qiiam (luil^us satisfacere possit. Non vult tamen stipcndia altcri saccrdoti tradere unde aliqiiando retinet stipendium at non celebrat Missam quod ob ])arvani quantitatem, non enim excedit duos shillingos cum di- niidio, sperat non esse mortale. Aliquando ctiam Missse celebrationem ex stipendio debitae differt ad quatuor vel sex menses, imo si agatur de stipendiis traditis a pia associatione quadam ad devotionem erga animas in purgatorio promovendam instituta pro animal)us dcfunc- torum in genere, sine scrupulo ultra sex menses dcbitam celebrationem Missa? differt. Unde quaeritur:
1. Unde oriatur obligatio Missae celebrandse ratione stipendii accepti, et num sit obligatio gravis?
2. Intra quod tempus sit Missa ratione stipendii cele- branda?
3. Quid ad casum?
Solution
1. Whence arises the obligation of saying Mass by reason of accepting a stipend, and is the obligation a grave one?
135
136 CASES OF CONSCIENCE
The obligation of saying Mass for the intention of the person who has given a stipend arises from a contract which the priest enters into with the giver, and from eccle- siastical law. It is not a contract of buying and selling, but an innominate contract— Do ut facias. The stipend is given for the support of the priest, and the priest under- takes to apply Mass for the intention of the giver. The obligation is a grave one of justice, as the nature of the obligation, the intention of the parties, and the law of the Church make manifest. Innocent XII commanded that " absolute tot Missae celebrentm' quot pra^scriptse fuerint ab ofTerentibus eleemosynas."
2. Within what time is Mass to be said for which a stipend has been given?
The decree S. C. C. Ut debita, 11th May 1904, answers this question:
" Utile tempus ad manualium Missarum obligationes implendas esse mensem pro Missa una, semestre pro cen- tum Missis, et ahud longius vel brevius temporis spatium plus minus ve juxta majorcm vel minorem numerum Missarum."
3. The case. In accepting more stipends for Masses than he can satisfy Caius transgressed the decree S. C. C, Ut debita, which prescribes:
" Nemini licere tot Missas assumere quibus intra annum a die susceptse obligationis satisfacere probabiliter ipse nequeat." In neglecting to celebrate Mass although bound to do so on account of having received a stipend for it Caius committed grave sin, and he is bound to restore the stipend to the giver if the occasion on account of which the Mass was asked for has now passed by, or otherwise to say the Mass as soon as possible. If he can
STIPENDS FOR MASS 137
not do this, lie should hand over (he stipends to his Ordi- nary, or to some reliable priest of the diocese. In deferring the celebration of Mass for which he has accepted a stipend much beyond a month he has committed so many greivous sins.
11
FUNDED MASSES
Caius Catholicus testamento reliquit sedes suas Titio sacerdoti Missionario in Anglia ea conditione ut in per- petuum viginti Missse singulis annis pro requie animae suse celebrarentur. Redditus annui ex sedibus prove- nientes tunc facile viginti libras sterlinas superabant, unde legatum libenter Titius accepit. Intra paucos vero annos ob dilapidationem aedium et quia vicinitas minus evasit honesta, vix decimam partem prioris sunomae singulis annis accepit moerens Titius, unde numerum Missarum ad octo reduxit, ita ut remaneret una pro quinque shillingis taxa dioecesana; immo aliquas misit celebrandas ad amicum Lucium qui libenter dimidiam coronam pro singulis Missis accepit. Unde quseritur:
1. Quid sint Missse manuales et fundatae?
2. Ad quem spectet accipere et reducere onera Missarum?
3. Num liceat transferre onus Missse celebrandae alteri, parte stipendii retenta?
4. Quid ad casum?
Solution
1. What are manual and funded Masses?
The distinction is explained in the decree S. C. C, Ut dehita, May 11, 1904: " Declarat S. Cong, manuales Missas prsesenti decreto intelligi et haberi eas omnes quas fideles
138
FUNDED MASSES 139
oblata maniiali stipe colebraii postulant, cuilibet vel quomodoc unique sive brevi manu sive in testamentis hanc stipem traclant, (luininodo pcrpetuam fundationem non constituaiit, vcl taleni ac tani diuturiiam ut tanquam perpetua hal)cri dobeat."
2. To whom does it belong to accept and to reduce the burden of Masses?
The Fourth Council of Westminster (d. X n. 11 says): " Meminerint ecclesiarum cleri sa^cularis rectores soli Episcopo competere jus onera Missarum sive sint tem- poralia sive perpetua ecclesiis imponciidi; et onera jam imposita nee mutari nee minui posse inconsulta Sancta Sede." The consent of the bishop (or of the regular prelate for Religious) is not required for the validity, but only for the lawfulness of the transaction.^
3. Is it lawful to transfer the burden of saying Mass to another while retaining part of the stipend?
No, as a general rule. The decree Ut debita saj^s: " Decemitur stipem a fidelibus assignatam nunquam separari posse a Missa^ celebratione, neque in alias res commutari aut imminui sed celebranti ex integro et in specie sua esse tradendam." In certain cases, however, it is not unlawful to retain part of the stipend, as, for example, when more than the ordinary sum has been given out of friendship, or other special reason, when the priest who says the Mass without being asked vohuitai-ily fore- goes part of the stipend, or when there is question not of manual but of funded Masses in the strict sense annexed to a church .2
4. The case. Titius went beyond liis j)owers when he
1 Gasparri, De Eucharistia, vol. i, n. 561. "Lehmkuhl, vol. ii, n. 281, 11th edition.
140 CASES OF CONSCIENCE
accepted the legacy without the consent of the bishop, as is clear from what was said above. Titius still further exceeded his authority when he reduced the number of Masses to be said on account of the reduction of income from the property. He should have recourse to the Holy See, say what he has done, and ask what he is to do in the matter in future. Under the circumstances he did not do wrong in getting his friend Lucius to say some of the Masses for half-a-crown, which is commonly given as a stipend for Mass by the poor in England. No definite sum had been apportioned by the testator for the celebration of each Mass.
12
TRADING IN MASSES
Caius sacerdos scripsit ad Titium pariter sacerdotem et auctorem libri theologici ac petiit ut exemplar dicti libri ad se mitteretur. Auctor librum misit et simul scripsit optimum modum solvendi pretium fore ut Caius quinquc Missas celebraret, se enim liabere plures inten- tiones quam quibus satisfacere possit, et istas quinque jam in manibus esse a duobus mensibus. Caius vero dubitat utruin sibi liceat ita librum cmere, immo Titium contra decretum S. C. C. Mail 11, 1904, deliquisse putat. Unde quaeritur:
1. Quomodo monstretur esse licitum ac honestum stipen- dia pro Missis accipere?
2. Quid S. C. C. statuerit Mali 11, 1904, de dubiis in casu tractandis?
3. Quid ad casum?
Solution
1. How is it shown that it is lawful to receive stipends or Masses?
The Mass is not sold for the stipend, but the priest undertakes to say a Mass for the intention of the person who asks for it. But it is only right and proper that one who occupies himself for the benefit of another, should receive his support or part of it from him for whose benefit
141
142 CASES OF CONSCIENCE
he labors. A soldier fighting or training to do so for his country's defence has a right to be supported meanwhile at his country's expense. In the same way the stipend is given to the priest for his support by one who benefits spiritually by the priest's celebration of Mass.
2. What did the S. C. C. decree May 11, 1904, bearing on the points in the case?
The decree S. C. C, Ut dehita, contains the following: " Eleemosynam Missse numquam separari posse a Missse celebratione, neque in alias res commutari aut imminui, sed celebranti ex integro et in specie sua esse tradendam;" porro, " libros, sacra utensilia vel quaslibet alias res ven- dere aut emere et associationes (ut vocant) cum diariis et ephemeridibus inire ope Missarum nefas esse atque omnino prohiberi. Hoc autem valere non modo si agatur de Missis celebrandis, sed etiam de celebratis, quoties id in usum et habitudinem cedat et in subsidium alicujus commercii vergat."
3. The case. Caius would seem to have interpreted the decree too strictly The decree indeed, forbids trad- ing with stipends for Masses, and as a general rule pre- scribes that the whole stipend received for a Mass is to go to the priest who says the Mass. It is specially forbidden for booksellers to collect intentions for Masses and get them said by priests who receive books instead of the sti- pends. However, Titius did none of these things. He had some Masses to be said for stipends, and he was at liberty to ask Caius, if he knew him to be an honest priest, to say some of those Masses. Caius was indebted to Titius for the price of the book. It was lawful to square accounts without the necessity of sending money backwards and forwards. Fr. Lehmkuhl says: "Solum si [sacerdos]
TRADING IN MASSES 143
siiperfliui stipcndia non dc industi'ia collecta haliet autque Missas celobraiidas cum juro ad intogra stipendia aliis sacerdotibus committit, hi vcro aliunde pormoti ab illo folia periodica emuiit, liccbil (•oinpiitiiiii dati ci accepti facere."^
' Casus Conscionfia', vol. ii, ii. 223.
13
MASS IN A PRIVATE ROOM
Caius recenter ordinatus sacerdos multum desiderat missam praesente patre celebrare. Pater tamen valde senex est, nee unquam e lectulo surgit, unde erit neces- sarium lit Cains in patris cubiculo private celebret si quod desiderat effectum sortiatur. Vult igitur scire quid ut desiderium impleatur sit faciendum. Unde quaeritur:
1. Quonam loco sit Missa celebranda?
2. Num Episcopus licentiam celebrandi in cubiculo privato dare possit?
3. Quid ad casum?
Solution
1. In what place should Mass be celebrated?
By ecclesiastical law Mass may regularly be said only in churches and in oratories dedicated solely to the service of God and therein on duly consecrated altars. The Council of Trent forbade bishops to allow priests to say Mass in private houses, though bishops have the personal privilege of saying Mass on a portable altar in private houses in which they may be staying. In the United States bishops commonly have a privilege granted by the Holy See of allowing priests to say Mass in any decent place, but they are told to do this only once in a way, and on account of
144
MASS IN A I'UIVATK ROOM 145
special circumstancos. Tlic superiors of some regular Orders have a similar privilege. ^
2. Can a bishop give leave to celebrate Mass in a private room?
As has just been said he can not !>>' his ordinary powers. It" he has the special privilege granted by the Holy See of which mention has just been made, he may grant per- mission once in a way on account of special reasons.
3. The case. It is clear from what has been said that Caius can not say Mass in his father's room without special leave from the Holy See, or from the bishop, or regular superior in case Caius is a Religious, if they have the special privilege of allowing such an act. The occasion and the circumstances would seem to justify the exercise of such a special privilege, if the bishop or regular superior think proper to indulge the very filial desire of Caius.
I Manual of Moral Theology, vol. ii, 130.
14
MASSES FOR THE DEAD
Caius sacerdos cujusdani ordinis religiosi audit Julium ejusdem ordinis socium recenter esse mortuum et ipso die esse sepeliciidum. Dies proximus est ritus duplicis quo si per leges ecclesiasticas sit licitum, vellent Caius et alii socii sacerdotes qui eidem ecclesiae inserviunt Missam de Requie pro anima Julii celebrare. Rogat igitur Caius utrum hoc sit licitum vel decreto Mali 19, 1896, vel decreto S. R. C. Dec. 11, 1897, quo mutatur Rubrica Mis- salis De Missis Defunctorum, n. 2, in hunc modum; loco verborum — " pr£eterquam in Festis duplicibus et Do- minicis diebus " — leguntur sequentia:
" Missse privatse pro Defunctis ut in die obitus seu depositionis etiam in duplicibus celebrari possunt prse- sente, insepulto, vel etiam sepulto non ultra biduum cadavere; exceptis duplicibus primae classis, diebus duplicia primae classis excludentibus, et Festis de prse- cepto." Unde quseritur :
1. Quandonam permittitur et prohibetur Missa exe- quialis?
2. Quandonam permittitur et prohibetur Missa privata pro Defunctis?
3. Quid ad casum?
146
MASSES FOR THE DEAD 147
Solution
1. Oil what days may a solemn or sung Mass for the dead be said?
Prascntc corpore cclebrari potest ornni die, dum tamcn Missa convcntualis, ubi obligat, aut parocliialis, si sit dies dominica ilut festiva, et officia divina non impediantur, magnaque diei celebritas non ()l)st('t.'
A list of the days on which according to this rule solemn or sung Mass for the dead is forbidden is usually given in the Ordo.
2. When may a private Mass for the dead be said? Prohibetiu' omnibus diebus dominicis et dui)li('ibus;
diebus infra octavas Iilpiphania", Paschatis, Pcntecostes, SS. Corporis Christi, ct Nativitatis Domini, feria quarta Cinerum, tota Hebdomada sancta, vigiliis Epiphania^, Pentecostes, et Nativitatis Domini; tempore expositionis SS. Sacramenti ob causam privatam, ad altare exposi- tionis tantum; quando autem exponitur ob causam publicam, ad omnia altaria ecclesia); diebus stationis ecclesia? vel alterius solemnitatis. Omnibus reliquis die- bus Missa privata de Requie permittitur.^
Moreover, Juxta decretum S. R. C. Maii 19, 1896 in quolibet sacello sepulcreti, rite erecto vel erigendo, Missae quse inibi celebrari permittuntur, possunt esse de Requie diebus non ini})editiK a Festo dnplici 1 vol 2 classis, a do- minicis, aliisque Festis de pnecepto servandis, necnon a Feriis Mgiliis Octavisque privilegiatis. Ibid. n. 64. And, "Pro paupcre defuncto cujus familia impar est solvendi expensas Missae exequialis, cum cantu, hsec Missa legi
^ De Herdt, Sacnc lit. Pra.\is, n. 56. 2 De Herdt, n. 63.
148 CASES OF CONSCIENCE
potest sub eisdem clausulis et conditionibiis quibus Missa cum cantu conccditur, dummodo in dominicis aliisque Festis de prsecepto iioii omittatur Missa officio diei cur- rentis respondens.
"In ecclesia vel oratorio turn pul)lico turn privato et in Sacellis ad Seminaria, Collegia, ac Religiosas vel pias utriusque sexus Communitates spectantibus, ea die qua ibi fit funus cum Missa solemni exequiali, toto tempore quo defuncti corpus physice aut moralitcr pra^sens est, permittuntur Missse privatse de Requie modo appli- centur pro ipso defuncto; exceptis sequentibus diebus: omnibus dominicis; omnibus Festis duplicibus 1 classis: Feriis privilegiatis IV Cinerum et II, III, IV Sanctse Hebdomadae; Vigiliis Nativitatis Domini et Pentecostes; diebus octavis Nativitatis Domini et Epiplianise." ^
3. The case. Caius may have one solemn or sung Mass de Requie on the day mentioned, as De Herdt says, n. 58. Private Masses de Requie are forbidden, as the body of Julius is not present either physically or morally. If the body of Julius were present all the priests might say a private Mass de Requie for the repose of his soul, but if they were said in a church or public oratory they should be said on the day when a solemn or sung Mass was said for the funeral.
» De Herdt, n. 57.
15
ALTAR FURNITURE
Caius sacerdos curam gercbat alicujus missionis in Anglia. Quam missionem qiiiim Episcopus visitaret aliqua legibus ecclcsiasticis minus congruentia, ut ipsi vidcbatur, invenit. Inter alia enim casula fill serici flavi coloris ad Missam adhibebatur; alia) casula? ex serico cum cottone mixto exterius, intcrius vero ex alpaca conficiebantur; lux electrica tabcrnaculo hinc inde adhairebat, et ad lumen dandum inserviebat; calix Missse inserviens cele- brandse nomen dantis circa pedem insculptum gerebat cum inscriptione Ora 'pro felici statu N. addita. Epis- copus cdicto visitationis praescripsit hsec esse juxta rubri- cas reformanda, nisi probatos auc tores qui ea permit- terent allegare posset Caius. Unde Caius qua^rit:
1. Ex qua materia sint casula? conficienda??
2. Num color vestium pro Missa sit sub poccato ser- vandus?
3. Quid de luminibus altaris sit praescriptum?
4. Quid ad casum?
Solution
1. Of what material should the chasuble be made?
Chasubles should be of silk, or silver or gold cloth, a'though the cross and other ornaments on them may be of linen, wool, or cotton.^
^ Gasparri, De SS. Eucharistia, n. 692. 140
150 CASES OF CONSCIENCE
2. Is the color of the vestments a matter of precept? Yes, of hght precept, according to St. Alphonsus, VI,
378.
3. AMiat is prescribed about the ligiits of the altar? There should be two wax lights, or more according to
the quality of the Mass, on the altar while Mass is being said. Besides these, no lights should be placed on the altar, though nothing prevents lamps, gas, or the electric light, from l^eing used in the church to give light; but any theatrical effect should be avoided. ^
4. The case. Yellow vestments have often been for- bidden and they should not be used.-
Chasubles of silk mixed with cotton should not be used; unless the cotton appears only in the ornaments and accessories. The Sacred Congregation of Rites answered (23 March, 1882) that lining of cotton or linen or wool, and we may add alpaca, for silk chasubles could be tol- erated in poor churches.
The electric light on the tabernacle is forbidden (S. R. C. 13 April, 1883).
There is nothing reprehensible in the inscription on the chalice. 3
1 Genicot, Theol. Moral. Institutiones, vol. ii, p. 246.,
2 Gasparri, De SS. Eucharistia, n. 693. ' Ibid., n. 749.
PENANCE
DOn^TFrL MATTER
TiTius annos viginti iiatus coiiversus ad fidem Cathol- icam et sub conditione baptizatus propter dubium de priorc baptismo in ecclesia anglicana recepto, sanctis- .simaiii vitam institucrc iiiccpit. Sabbatis singul's con- \J fitebalur at (luia plci'unniuo iionnisi eadem levia peccata habebat, aliquod pcccatum grave a se adhuc protestantico commissum adjungcbat; imo seniel ex (juadam vere- cund'a propter eadem semper repetita simpliciter dixit " Aliqua levia peccata commisi et peto absolutionem." Confes ariu vero diil)itat iitrum talis confessio sufficiat ad valid tatem sacramenti, quod dubium deinde extenditur ad illud peccatum vita) prseterita) (juod Titius adjungere solebat Uiide qua^ritur:
1 Quirnam sit materia sacramenti pcrnitentiic?
2. Num materia valida sit eadem licita?
3. Num liceat absolutionem diuv (juando materia sit dubia?
4. Quid ad casuni?
Solution
1. ^^^lat is the matter o' the sacrament of Penance? The remote matter of Penance are the sins which the penitent has committed after Baptism. Mortal sins are
151
152 CASES OF COX SCIENCE
necessary matter inasmuch as each and all must be con- fessed; venial sins and ni(3rtal sins which have been con- fessed and absolved before, are free matter and sufficient for absolution. According to the conunon ophiion, the proximate matter of Penance are the acts of contrition, confession, and satisfaction, performed by the penitent.^
2. Is matter which is valid also lawful?
The question is chsputed. The difficulty arises about the sufficiency of confession in general terms, when the penitent has no necessary matter. May a penitent be absolved if he says simply: "I accuse myself of some light faults.'' Absolution in such a case is vahd, and some divines say that it is also lawful, as there is no precept wliicli l)inds the jjcnitent to say more about matter which he is free to confess or not. Other divines say that if such a penitent chooses to confess light matter, he is bound to particularize it, so that the confessor may be able to pass judgment on it, and the opposite opinion would lead to abuse. ^
3. Is it allowable to give absolution when the matter is doubtful?
No, it is not generally lawful. The priest as minister of the sacrament is bound to procure certain matter as far as he can; otherwise the sacrament is exposed to the danger of nullity. Sometimes, as when the penitent is in danger of death, and certain matter can not be procured, the confessor may give conditional absolution.3
4. The case. Titius, a convert from Protestantism, used to mention a grave s'n of his past life when he went
1 Manual of Moral Theology, vol. ii, 148 ff,
2 Ibid., 150. '■> Ibid., 153.
DOlJiTl'lL MATTER lo3
to confession, to make sure of sufficient matter. As the sin was committed by him while lie was a Protestant and only probably baptized, it is only doubtful matter of penance, and the nicntioning of it is useless for Titius' purpose. He also confessed some venial sins under the general' formula: "I have committed some venial sins and ask for absolution.' Althouj^h theoretically there is ground for saying that such a confession is valid and lawful, yet it is against tlio ])racti('(' of Iho Cliui'cli, is liable to lead to abuse, and should not be used nor ordinarily allowed by confessors.
A CONVERT'S CONFESSION
Albertus anglicanus in Ecclesiam Romse fuit receptus a quodani sacerdote Romano (jm ab eo iitpote dubie baptisato in secta anglicana confcssionem integram non exegit. Reversus in patriam Albertus illud narrabat Titio parocho et confessario qui exinde scrupulis ange- l)atur. Legerat enim apud auctorem recentem (luses- tionem de confessione dubie baptisatorum integra exi- genda quando in Ecclesiam recipiantur esse practice solutam, et nunc constare a talibus confessionem integram esse jure divino faciendani. (^use sententia si sit vera, Albertus jure divino obligatione cui iiondum satisfecit teneri videtur. Wilt igitur scire Titius utrum eum de hac obligatione monere debeat. Unde qua3ritur:
1. Qusenam sit materia sacramenti PcEnitentise?
2. Quid facere debeat confessarius (jui neo-conversum in Ecclesiam recipiat?
3. Qusenam pra^cipua documenta de confessione in tali casu exigenda promanarint?
4. Quid ad casum?
Solution
The first (luostion is answered above, p. 151. 2. What ought a priest to do wiien he receives a convert into the Church?
154
A CONVERT'S CONFESSION 165
He must first of all see to his instruction in the Catholic faith, and then inquire ah)out his Baptism. If the convert was never baptized, he is only required to make a profes- sion of faith. If he has been validly baptized, besides a profession of faith he must be absolved from censures, and then be absolved in confession from his sins. If there be a doubt about his Baptism, he must make a pro- fession of faith and be baptized conditionally, in England with holy water in secret without the ceremonies. He must, furthermore, make a full confession of all the mortal sins of his life, and receive conditional absolution from them. In some dioceses leave from the bishop is required to receive a cunvei't.^
3. What are the chief documents that have been issued about requiring a full confession in such a case?
The following: I Westmon. d. XI, n. 8; S. O. 17 Junii 1715, 17 Dec. 18G8, 20 Julii 1859; S. C. de P. F. 12 Julii 1869; Tanquerey, De Poenit. n. 133 ; Collectanea S. C. de P. F
4. The case. Albert, an Anglican doubtfully baptized was received into the Church by a priest in Rome who did not require him to make a full confession of his life When Albert returned to England, he told this to Titius his parish priest, who was in doubt whether a full con- fession was not still obligatory by di\ine law.
According to the principles laid down by some theolo- gians {v.g. Lehmkuhl, Casus, II, n. 288; Tanquerey, De Poenit. n. 34,) Albert would seem still to be under the obligation of making a full confession. It is advisable that he should do so, but the strict obligation is difficult to prove. The arguments adduced to prove it are not conclusive. The Cardinal Prefect of Propaganda indeed
> .1 Form for the Reception of a Convert, C. T. S., 1901.
156 CASES OF CONSCIENCE
did declare July 10, 1869, that the answer of the Holy Office Dec. 17, 1868, " contained a universal law," but a private assertion made by a Prefect of Propaganda could not make it a universal law if it was not one already. No universal legislative authority has ever made such a law. Nor is there a presumption of law with regard to the matter in hand. There is such a presumption with regard to a question of the validity of marriage. It is a well-recognized rule of law that doubtful Baptism is pre- sumed valid in questions concerning the validity of sub- sequent marriage, but this presumption of law must not be transferred to quite another matter such as this is. And if it be said that the Church has jurisdiction over those who are doubtfully baptized, this has to be proved. If in fact the person is not baptized, the Church has no jurisdiction over him: " For what have I to do to judge them that are without?" (1 Cor. v. 12). i It seems still to be probable that a full confession is only necessary by positive law, and in places where such positive law binds, as in Great Britain and in the United States of America. But as Albert was received in Rome where there is no positive law on the point, he need not be required to make a full confession after his return to England.
1 Cf. Wernz, Jus Decretalium, iv, n. 508.
3
AN ANXIOUS PENITENT
Catharina, anxietatibus vexata, suam oonscientiam confessario aperit. Dicit sc vellc quidein iioii offendisse Deum, sed non dolere de peccatis, aut saltern multo minus de eis dolere quam de malis temporalibus. Porro affirmat se c rtam esse iterum se lapsuram in ea<^lem peccata, statim vel inter paucos dies post confessionem; ac denique nisi timor infcrni obstaret, se forniidari no Dei famulatum desereret, et vitiis indulgeret, quum nihil propter amorem Dei faciat. Hinc putat se nullo modo esse dispositam ad absolutionem sacramentalem accipicn- dam. Undo qua?ritur:
1. C^uid requiratur ex parte poenitentis ad validitatem sacramenti Poenitentise?
2. Quid significct apud theologos illud: Doloreni debere esse summum?
3. Quid ad casum?
Solution 1. What is required for the validity of tlie sacrament of Penance on the part of the penitent?
For the validity of Penance the penitent must make a formally integral confession of all the mortal sins which ho has connnittod after Baptism and whicli liavo not been directly absolved, and lie nnist havo true and supernal ui-al sorrow for them
157
158 CASES OF CONSCIENCE
2. AVhat do theologians mean when they sa}^ that sorrow for sin must be supreme?
They mean that the sinner must regard sin as the great- est of all evils, and that he must be prepared to do and to suffer anything rather than commit sin again. ^
3. The case. Catherine tells her confessor that she wishes that she had not offended God, but that she has no sorrow for her sins, or at least much less sorrow for them than for temporal evils. Catherine probably means that she does not feel sorrow for her sins, as she does for temporal evils. She should be told that the sorrow required in Penance is in the will, and she should be asked whether she proposes to avoid sin in future, with God's grace, come what may. If she says Yes, she shows she has sorrow for her sins. Catherine furtlier says that she is certain that she will fall into sin again immediately, or at least within a few days after confession. She should be asked whether here and now she proposes to avoid the proximate occasions of sin and to do her best not to fall into it again. If slie again says Yes, she should be encouraged to trust in God's help and be absolved.
She says she does nothing out of love for God, and that she fears that she would commit sin if it were not for the fear of hell. Catherine should be told not to torment her- self by such idle suppositions; it is enough if through fear of God's punishments she observes His commandments and avoids sin. She thus fulfils the j^recept of love substan- tially: '' He that hath My commandments, and keepeth them, he it is that loveth Me " (John xiv. 21). Of course it will be well for Catherine to exercise herself in special acts of the love of God, in which we can always advance.
1 Manual of Moral Theology, vol. ii, j). 156.
4
NO SORROW FOR WHAT SHE HAS DONE
Anna quae rcccntcr matrimoiiiuiii cum Titio Trotcs- tantico in ecclesia Protcstantica contraxit co quod non potuit ah Episcopo ohtinere dispensationem pro matri- monio mixto, venit ad confitendum Caio sacerdoti in Anglia mi.ssionario. Dc aliis peccatis Anna dcclarat se ex animo dcjlej-c, dc niatrimonio autcm clandostino so nullatenus dolere, nee posse, (juia tani ardentei- niarituiii amet et do eonjugio gaudeat. Cams proponit vai-ia niutiva doloris, nempe Deum tarn bonum offendi matrimonio cum haercticis, graves leges ecclesiasticas spretas, scanda- lum fidelium, et tandem cum lacrimis Anna profitetur se dolere do modo (|uo niatrimonium fuerit celebratum, de ipso matrimonio nee posse nee velle dolere, quinimmo in iisdem circumstantiis so idem iterum esse facturam. Caius vero (juamvis habeat facultates ab episcopo acceptas ad matrimonium convalidandum dubitat utrum sit Anna satis disposita ad absolutionem acc^piendam. Unde quseritur:
1. Qualis dolor in sacramcuto Pcjenitentia' i-c(|uiratur?
2. Quale propositum emendationis futurae? 8. (^uid a Caio faciciidum?
Solution
1. Wlial sort of sori'ow is required in the sacrament of Penance?
159
160 CASES OF CONSCIENCE
The sorrow must l^o true and sincere, supernatural or
ooted in faith, universal or it must embrace all the mortal
sins that are to be forgiven, and it must be supreme, or
the sinner must detest sin more than any other evil, and
he must be prepared to do and suffer anything rather than
sni asam
2. A^liat sort of purpose of amendment is required? The purpose of amendment must be sincere, efficacious,
or the sinner must be prepared to take the means necessary to avo d sin in the future, and it must be universal, or extend to all mortal sins at least.-
3. The case. Ann had married a Protestant in the Prot- estant Church and when she came to confession to Caius, she said she could not be sorry for what she had done; indeed she sa'd she would do the same again in the same circumstances. Caius got her to see the malice of her action, and then she said she was sorry for the way in which she had married, but could not feel sorry for the marriage. It is not necessary that she should be sorry that she has the man she loves for her reputed husband, and as far as the past is concerned, it is enough that she is sorry for the way in which she was married against the Church's laws. But she is still ill disposed for absolution, inasmuch as she says she would do the same again under the same circumstances. Caius must try to put her in better dispositions. In order to do this he may tell her that it will be better not to think of what she would do under the same circumstances, as she will never again be placed in the same circumstances. If she can be got to be really sorry for what was wrong in her action, and
1 Manual of Moral Theology, vol. ii, 156. Mbid., 161.
XO SORliOW FOR WHAT iSllE HAS DOSE IGl
to hope (hat God would give licr ^racc never to yield again, and that she would do all on her side to co-operate with the grace of God, t^he might be absolved, and then the marriage could be put ri<j;lit. For this it will now be requisite that the parties should contract marriage in the ordinary way before the parish priest or his delegate and two witnesses.
5
WAS HE PREPARED?
TiTius bene instruct us Catliolicus actum contritionis elicere solet antequam eubitum it. (^uodam sabbato ecclesiam intrat ut confiteatur, vix autem erat genufiexus ad se pneparandum cum cxiit quidam e confessionali, nee ullus inter turbam quse expectabat statim est in- gressus. Quum Titius bene sciat se unum grave peccatum ab ultima confessione patrasse, et hoc solum prseter aliqua venialia conscientiam mordere, occasionem nactus sine speciali prseparatione in confessionale ingressus, sua pec- cata confitetur et absolutionem accipit. Postea tamen dubitat utrum habuerit dolorem sufficientem qui debeat partem sacramenti constituere et esse elicitus in ordine ad sacramentum suscipiendum. Unde postea confessarium interrogat qui proind(^ qua^rit:
1. Quando dolor elici debeat ut sufficiat ad sacramentum Poenitentise?
2. Num dolor requisitus elici debeat ex intentione sacramenti suscipiendi?
3. Quid ad casum?
Solution
1. When ought the act of sorrow to be elicited in order that it may suffice for the sacrament of Penance? As sin can not be forgiven unless the sinner is sorry for
162
WAS HE I'REl'ARED? 163
it, the act of sorrow must be clicitod before absolution is given, or at least it must "exist when absolution is given. ^
2. Ought the act of sorrow to proceed from the inten- tion of receiving the sacrament?
Some theologians hold that it should do so, just as the washing with water in Baptism should be ordained to the confection of the sacrament of Baptism. However, it seems safe to say with othci"s that the subsequent referring of the act of sorrow to tlie confection of the sacra- ment which necessarily takes place when the penitent confesses his sins with sorrow in order to receive absolution is sufficient. Or, that the intention of confessing the sin which is present in the mind with the act of sorrow, is sufficient to refer the latter to the confection of the sacrament.-
3. The case. As is plain from the answer given above, there is no ground why Titius should be disturbed about the sufficiency of his sorrow. It is indeed advisable to make special and imnicd ate preparation for confession,
,and Titius should not repeat the action which gave rise to his scruples. Still there was nothing essentially defective in his confession. It was formally intcgTal, and the acts of contrition which he made every night before going to bed made him habitually contrite, and they were made sufficiently sensible and referred to the sacrament b}^ his confession. For, of coui-se, he had always intended to confess his sins when he made his acts of contrition.
1 Manual of Moral Theology, vol. ii, 157.
2 Ibid., 157.
6
PROBABLE OPINIONS IN PENANCE
Caius, qui studio theologise moralis operam navat, difficultatibus prcmitur quoad dclcctum opinionum in materia sacramenti Poenitentia3. Prol)abilismi enim ar- dens sectator in aliis materiis, colligit ex omnium doctorum consensu non licere uti opinione probabili relicta tutiori quando agatur de valore sacramenti. Attamen auc tores probati passim in materia de pcenitentia supponere viden- tur licere in hoc sacramento uti opinione probabili. Nam afferunt sententias probabiles — attritionem supematuralem ex metu poenarum temporalium sufficere, circumstantias aggravantes non esse necessariam confessionis materiam, nee peccata dubia, et alias hujusmodi juxta quas poeni- tentem agere posse concedere videntur: in quibus tamen evidenter de valore sacramenti agitur. Ad quas difficultates solvendas quaerit:
1. Quare non liceat uti opinione probabili quando agatur de valore sacramenti?
2. Quando de facto agatur de valore sacramenti poeni- tentise?
3. Quid de difficultatibus Caii?
Solution
1. Why is it not lawful to use a probable opinion when there is question of the validity of a sacrament?
164
PROBABLE OPINIONS IN PENANCE 165
When there is only a probability that a sacrament will be valid it is also probable; that it will be invalid, and so it remains doubtful whether the sacrament will be validly administered. To perfoj-ni a sacred rite instituted by Christ except in case of necessity with a probability that it has not all the requisites for validity is grossly wanting in reverence to Jesus Christ, who instituted it, and it is contrary to justice and charity for a minister of the sacra- ments to expose the faithful to the danger of not receiving a valid sacrament to which they have a right. ^
2. AVhen in fact is there ciuestion of the validity of Penance?
There will be question of the validity of Penance when it is not certain that all the essential elements of the sacrament are present in the particular case. The essential elements of Penance are contrition, and formally integral confession on the part of tlic penitent, and on the other part, absolution given by a priest who has faculties. Sometimes when the priest has only probable jurisdiction the Church can supply and does so. Otherwise in this and in the other essential elements it will be unlawful to use only probable opinions about tlie validity of the sacrament except in case of necessity, when for the sake of the recipient's salvation it is better to administer a sacrament that is only probably valid, rather than not administer it at all.
3. What about the difficulties of Caius?
Although there have been controversies as to whether attrition for sin on account of the punishments which God inflicts on the sinner in tliis life is sufficient as a disposi- tion for aljsolution, tliescM'ontroversies ar(> now {)ra('tically ^ Manual of Moral Theology, vol. ii, 31.
166 CASES OF CONSCIENCE
settled, and the opinion that it is sufficient is no longer merely probable, but morally certain. Aggravating cir- cumstances affect only the material integrity of confession, and in this and in similar questions we may use probable opinions, as there is no question of the validity of the sacrament. In the same way if there is other certain matter of the sacrament, doubtful sins only affect the material integrity of the confession.
CONFESSIONS ON BOARD SHIP
Trru s i-c^ularis saccrdos missionarius in quadam An- glia3 diooccsi a supci-ioiihus nun scholastico ct fratrc coadjutorc in Africani nicridionalem ad vincam Domini ibi colondam fiiit missus. Diim discessum na\i.s in quadam domo Oi'dinis cxpcctabat quaestio orta est de Titii facultatibus ad audiondas confessiones durante itinere. Quidam Patros putaSaut cum jam habere omnia requisita ad confessiones turn sociorum turn cxtemorum in navi audiendas, ali' putabant cum requircrc specialcm delega- tionem P. Provincialis et banc sufficcre, alii denique dicebant cum debere peterc faeultates pro cxtcrnis ab Episcopo poi'lus unde navis solvat. Unde quserit:
1. Quid rc(iuiratur et sufficiat ut Tilius possit durante itinere confessiones sociorum audirc?
2. Num dicti socii eidem confiteri tcnoantur, et num posset Titius eis permittere ut alteri sacerdoti cuilibet confitercntur?
3. Quid ad casum?
SOLTTIOX
1. What is requisite and sufficient to enable Titius to liear the confessions of his companions during the jou]"n(\v?
Reguhu-s on a journey nuist confess to socio idonco si habenl. It is connnoniy held tliat a ])riest is i(Io)tcus who
107
168 CASES OF CONSCIENCE
is neither under censure nor irregularity, even though he has no special approbation.'
2. Are the said companions bound to confess to Titius, and could Titius grant them leave to confess to any other priest?
If Titius were not superior there would be no difficulty; his companions would be bound to confess to him as he is the only priest in the party. But by a decree of Clement VIII, May 26, 1593: " Non licet Superioribus Regularibus confessiones subditorum audire nisi cjuando peccatum aliquod reservatum admiserint, aut ipsimet subditi sponte ac proprio motu id ab eis petierint." Hence some author- ities think that if Titius is Superior of the party, his com- panions are under no obligation to confess to h m, and that they may confess even without special leave of Titius to any suitable priest. If Titius is Superior with the faculties of other local superiors, he can grant leave to his subjects to confess to any suitable priest.^
3. The case. Titius has all that is requisite and suffi- cient for hearing the confessions of his companions if he is idoneus, as we presume him to be. In order to be able to hear the confessions of externs on board ship he must have faculties either from the l^ishop of the diocese where he was last stationed, or from the bi hop of the port of embarkation, or f;:om the l)ishop of any other place at which the ship touches. We })resume that he had faculties in the diocese where he was stationed, so that he has all that is requisite for hearing the confessions of anybody who comes to him on board. ^
' St. Alphonsus, lib. vi, .57.5.
2 De Arcos, Appendix Theol. Moral, n. 53.
•'' Manual of Moral Theology, vol. ii, 187.
A PRIVILEGE OF REGULARS
TiTius confessarius alumnonim in collcgio quodam Rcgulariuni inter vacationes visitat domum in alia dioecesi quam occupant alumni aliqui ex quibus unus petit a Titio ut confessionem audiat. Annuit Titius postea tamen de validitate abso utionis a se datse dubitat. Ipsi cup'cnti confitcri dicit Caius saccrdos ejusdem ordinis qui cum scholastico (luodam curam gerit alumnorum, liccre ire ad sacerdotem secula em qui ibi curam animarum habet. Unde quseritur:
1. Quid requiratur in ministro pcBnitentise ut licite et valide sacramentum administret?
2. Quibus debeant vel possint confiteri Regulares turn intra d mum projn'iam, tum in domo ejusdem Ordinis non propria tum in itinere?
3. Quid ad casum?
Solution
1. What is required in the minister of Penance in order that he may lawfully and validly administer the sacrament?
The minister of Penance in order to administer the sacrament validly must be a validly ordained priest, he must have jurisdiction, and also approbation, if the pen- itent be a secular. To act lawfully, he must be in the state of grace, free from censure, and he must observe all the
169
170 CASES OF CONSCIENCE
regulations made b}' the Church for the proper admin- istration of Penance.^
2. To whom may or ought Regulars confess in their own monastery, in another monastery of the same Order, and on a journey when out of their own monasteries?
Regulars ought to confess to the confessors appointed fcr them by their Superior while in their own monastery; in another house of the same Order they may confess to the confessors appointed by the Superior of that house, who can absolve them even from reserved cases cum onere se sistendi proprio superiori vel ah eo delegato ; while on a journey they must confess to a fit companion if they have one, otherwise they may confess to any fit priest, whether secular or regular .2
3. The case. Titius is one of the confessors of the boys while they are in the college, and he retains his faculties while the boys remain under the Order's jurisdiction, so that there was no reason why he should doubt about the validity of the absolution given by him, even though he had no approbation from the bishop of the diocese where the confession was heard. ^
In the supposition, which seems to be excluded by the terms of the case, that Caius was a confessor of the mon- astery to which Titius belonged, and was not Superior, Titius would then be bound to confess to him. Otherwise Titius was not bound to go to confession to Caius, though he might do so if he chose. He was justified in confessing to any priest who was fit, whether secular or regular.
1 Manual of Moral Theology, vol. ii, 178, 27 ff.
2 Ibid., p. 189. » Ibid., p. 188.
9
A REGULAR'S APPROBATION
Caius saccrdos rogularis post examcn ab Episcopo requisi- tum feliciter datum facultates ordinarias ab eo ad proximam synodum accepit. Superior domus qui solus ad synodum accessit pagellas aliorum patrum secum asportabat reno- vandas, Caii vero absentis non potuit invenire facultates, quae proinde non fuerunt ab Episcopo rcnovatse. Proximo sabbato domum revertit Caius nee tempus suppetebat ad facultates ab Episcopo petendas, unde dubium oriebatur utrum confessiones audire posset necne. Post aliquam dubii discussionem superior permisit ut Caius confessiones fidelium audiret, postea vero scrupulis angebatur de vali- ditate absolutionum quie a Caio data) fuerunt. Unde quaeritur :
1. Quinam sit minister sacramenti Poenitentia)?
2. A cjuonam accipiant regulares jurisdictionem ad confessiones fidelium audiendas?
3. Num absolutio data a sacerdote (|ui habitualiter jurisdictione careat nihilominus aliquando valere possit?
4. Quid ad casum?
Solution
The first question is answered above, p. 1(39. 2. From whom do Regulars receive jurisdiction to hoar the confessions of the faithful?
171
172 CASES OF CONSCIENCE
It is possible for Regulars to receive jurisdiction both from their own superiors and from the bishop of the place. As to whether they actually receive it from one or the other, or from both, depends on the intention of the bishop and of the superior in question. In any case the approbation of the bishop is required to hear the confes- sions of seculars. 1
3. Can the absolution given by a priest who is without habitual jurisdiction nevertheless sometimes be valid?
Yes, the absolution is valid if the Church supplies juris- diction for the act, as she sometimes does. Thus any priest may vaHdly absolve those who are in danger of death, or when it is probable that he has jurisdiction, or when the faithful go to confession to a priest under the general belief that he has faculties and when also he has a colorable title, and probably even when there is only the general belief without any colorable title.^
4. The case. Caius, a Regular priest, was examined by the bishop and granted by him faculties till the next synod. His faculties were not renewed at the next synod and the question arose whether he could go on hearing the confessions of the faithful. His Regular superior allowed him to do so, and thereby gave him jurisdiction which Regulars receive from the Pope through their Supe- riors. There was, however, a difficulty about Caius' approbation. He had been examined by the bishop, had passed with success, and had a right to receive general and perpetual approbation. However, the bishop only gave him approbation till the next synod. So that, whatever the merits of Caius were, in fact he had no
1 Manual of Moral Theology, vol. ii, 189.
2 Ibid., 184.
A REGULAR'S APPROBATION 173
approbation after the next synod was over. He should not then have heard confessions, unless indeed it was known to be the intention of the bishop that in such cases where a priest's faculties had not been renewed through inadvertence or by accident, tliey should not cease at the time apix)inted, but should continue. However, as the faithful knew nothing about this, those that came to him were probably absolved on account of the common mistake, the Church probably supplying faculties.^
1 Manual of Moral Theology, vol. ii, 185-
10
CONFESSOR OF NUNS
Caius missionarius Rector in quodam oppido Julium habuit in curam animarum coadjutorem. Julius tiuidem specialiter ab Episcopo approbatus ad audiendas confes- siones Sororium a Misericordia nuncupatarum quae domum in oppido habuerunt, quadam hebdomada abfuit, die autem consueto quo Julius earum confessiones audire solebat, Caius quamvis non specialiter ab Episcopo appro- batus recenti discussione in quadam ephemeride eccle- siastica permotus, ad conventum perrexit et confessiones monialium audivit. Quod quum Julius reversus cogno- visset monialium confessiones Caio factas esse repetendas utpote invalidas sustinuit. Unde quseritur:
1. Qu2enam requirantur in ministro sacramenti Poenitentise?
2. Quid specialiter recjuiratur ad audiendas confessiones monialium?
3. Quomodo differat jurisdictio ordinaria et delegata?
4. Quid ad casum:
Solution
The first question was answered above, p. 169. 2. ^Yhat is specially required in order to hear the con- fessions of nuns? If a nun is lawfully outside her convent and makes her
174
CONFESSOR OF NUNS 175
confession in a public ('iiurcli, any confessor with ordinary diocesan faculties may hear her confession. If tlie con- fession is nuulc in Iho convent, no priest can hear her confession unless he be specially approved by the bishop of the place for hearinf;- nuns' confessions in that particular convent. This has lonu' been the discipinie of the Church with respect to nuns with solemn vows. Provincial Councils (I West. d. XX\'III) and practice applied the same rule to nuns with simple vows. Diocesan faculties in England generally contain some such clause as the following: " Confessiones excipiench Fidelium utri usque sexus, non tamen Monialium aut Novitiarum nisi extra claustra legitime versentur, neque in monasteriis aut conservatoriis confessiones puellarum aut mulierum ibidem habitantium.'' Finally Leo "XIIl decreed in his Con- stitution Conditce, Dec. 8, 1900: " Quod si sodalitates muliebres sint, designabit item Episcopus sacerdotes a confessionibus tum ordinaries tum extra orchnem, ad normam Constitutionis Pastoralis Curce a Benedicto XIV decessore nostro editae, ac decreti Quemadmodum dati a sacro Concilio Ei)iscopis et Religiosorum ordinibus prseposito, die XVII Dec. 1890, quod quidem decretum ad virorum etiam consociationes pertinet qui sacris minime initiantur."
3. How do ordinary and delegated jimsdiction differ?
" Ordinary jurisdiction is the authority wliich is exer- cised in virtue of an office which one holds and in one's o\\Ti name; delegated jurischction is granted by one who has ordinary jurisdiction and is exercised in that person's name." ^
4. The case. Caius, a missionary Rector, had a coadju-
1 Manu:il of Moral Tlicolo^;}-, vol. ii, 1S.3.
176 CASES OF CONSCIENCE
tor, Julius, who was speciall}' approved by the bishop for hearing the confessions of the Sisters of Mercy who had a convent in the parish, ^^^lile JuHus was absent, Caius went and heard the confessions of the nuns, though he had no special approbation fi'om the bishop. Some authorities hold that a parish priest, inasmuch as he has ordinary jurisdiction over all his flock, from which nuns with simple vows are not exempt, may hear the confessions of such nuns in their convent without special approbation from the bishop. Whatever may be said on this point, the doctrine can not be apphed to Caius, who is not a parish priest, and who has only delegated jurisdiction. That jurisdiction was limited by the bishop and did not extend to nuns in their convent. However, as there was communis error, the absolution would probably be valid, as the Church would probably supply all that was wanted. ^
1 Manual of Moral Theology, vol. ii, 185.
11
FULL AND SPECIFIC CONFESSION
TiTius confessarius advcrtit aliiiuos p(i3nitcntes iion satis distingucre divcrsas species peccatoruni quum con- fiteantur fornicationem (juando adulterium diccrc deberent. Unde quum audit confessiones adultorum, fornicationem confitentes interrogare consuevit utrum in matrimonio sint juncti; incertus tamen haeret debeatne interrogare necne utrum sint sponsi; nam hi si cum alia ac sponsa peccent fidcm violant sponsalitiam quae ex justitiaobligat. Pariter incertus est Titius utrum debeat interrogare confitentes incestum de gradu consanguinitatis vel affini- tatis. Ad lumen aliquod Titio praebendum quaritur:
1. Undenam desumatur distinct io specifica peccatoruni?
2. Qusenam circumstantise necessario sint exprimend* in confessione?
3. Quid ad casum?
Solution
1. Whence is the specific distinction of sins derived? Sins are specifically distinct when their formal objects
are specifically different, or when thoy are o})posed to specifically distinct virtues, or when they are transgressions of formally distinct laws.^
2. What circumstances must necessarily be mentioned in confession?
1 Manual of Moral Theology, vol. ii, 141 f. 177
178 CASES OF CONSCIENCE
Those circimistanccs which change the moral or theological species of the sin must be mentioned in confession. There is a controversy among divines as to whether circumstances which notably increase or diminish tlu^ malice of a sin, but which do not change its nature, should be mentioned in confession. The negative opinion is probable and safe.^
3. The case. If Titius has learned by experience that in a certain place penitents do not sufficiently distinguish between adultery and fornication, he does well in general to ask those who confess fornication whether they are married. He will not be obliged to put this cjuestion in every case of such a sin being confessed; without doubt the confessions of some penitents will be so minute and descend to particulars in such a way that he will be able to rely on the theological accuracy of the terms which they use. There is no necessity for Titius to ask those penitents who confess fornication and deny that they are married whether they are betrothed. Some theologians, it is true, teach that the circumstance of betrothal changes the species of a sin of fornication committed with another woman, but others deny it, on the ground that betrothal is only a promise to give marital rights; it does not actually give them.
Titius should not ask questions about the degree or kind of relationship when incest is confessed, for it is probable that incest committed with any relation is of the same species, unless it is committed with a relation of the first degree of consanguinity in the direct line, and as this sin is very rare and asking about it might give scandal to the penitent, the confessor should not ask about it, unless in a particular case he has good reason to suspect that in fact such a sin was committed. 1 Manual of Moral Theology, vol. ii, 165.
12
ABSOLUTION OF THE DYIXG
Caius sacerdoH vocatur ad parochianum qui morbo typhoido, ut vocatur, laborat. Invenit eum periculose decumbcntem, somno profundissimo, coma ut dicitur, sopitum, et sensibus destitutum. Negant adstantes eum petiisse sacerdotem antequam ad hunc statum devenit, attamen Caius ci sub conditione absoluto cetera sacramenta administrat . Unde quaritur:
1. Qusenam sit materia sacramenti Pa^nitentiLB?
2. Num absolutio dari possit si nullum sigiium doloris vel confessionis habeatur?
3. Quid ad casum?
Solution
The first question is answered above, p. 151.
2. May absolution be given if the penitent gives no sign of sorrow or contrition?
Absolution may not be given imder these circumstances except when the penitent is in danger of death and can not make any sign of sorrow or of a wish to confess. Even when such a penitent is in danger of death, many dis- tinguished theologians held that absolution could not be given, because there is no matter for the sacrament. St. Alphonsus, however, held that absolution may be given in
179
180 CASES OF CONSCIENCE
such a case, according to the more common op'nion as he asserted.^
To the difficulty about the matter of the sacrament, St. Alphonsus answers that perhaps the anxious breathing, sighs, and other movements of the dying person are attempts made by him to express sorrow for his sins and a desire to confess, and that the probabiHty that this is so is sufficient to justify the giving of conditional absolution in such a case of necessity .^
3. The case. Caius acted rightly in giving the dying per- son conditional absolution and the last sacraments, even though he could make no certain signs of sorrow or of a desire to confess. This has become the common practice in such cases since the time of St. Alphonsus, and it may be explained by the reasons which the saint gives or perhaps in other ways. Ballerini, for example (Opus Morale, V, 404), suggests another way of explaining the modern practice. According to him it is probable that the sacra- ment of Penance consists in the absolution of the priest alone. Contrition is required as a disposition, but that may be presumed in the dying. Confession is also of divine law, according to the Council of Trent, but even a divine law does not bind when it is impossible to fulfil it. Necessity has no law. Without deciding whether this theory is probable or not, we may allow it some weight.
1 Thool. Moral, lib. vi, 482.
2 Manual of Moral Theology, vol. ii, 176.
13
A PAIR OF PEXITEXTS
Caius sacerdos missionarius summo nianc vocalur ad domiini (luanulain iibi i)liir(\s faniilitc habitant ad sacra- meiita aegrotis adiiiiiiistranda. Ducitur ad quoddam cubiculum hand amplum at iinicum quod habent iibi inveiiit duos scnes, niai'itum ot uxorom, in eodcm Icctulo laborantes influenza ct, ut videtur, in periculo mortis. Statuit primo audire eorum confessiones, at quomodo id fieri possit salvo sigillo ignorat. Postquam de re deliberavit ad latus quo jacebat maritus accedit, rogat num velit confitcri, et quum annuat, num doleat de omnibus vitse sua pcccatis, ac pariter annuentem absolvit, injuncto onere integre confitendi si postea convalescat. Ad alteram partem lectuli accedens idem fere iisdem verbis fecit uxori; ac tandem ceteris sacramentis administratis, cum benedictione infirmos reliquit. Unde quseritur:
1. Num et quo jure Integra confessio requiratur in Sacramento Poenitentise?
2. Num et quando quis ab integra confessione excusari possit?
3. Quid de modo agendi Caii?
Solution
1. Is a full confession required in Penance and by what law?
181
182 CASES OF CONSCIENCE
A full confession of all mortal sins that have not been directly absolved before is required in the sacrament of Penance by divine law, as the Council of Trent defined.^
2. Can one be excused from a full confession and when? Yes, physical and moral impossibility excuse a penitent
from making a full confession. By moral impossibility is meant that a full confession could not be made with- out grave inconvenience, extrinsic to confession, affecting the penitent, the confessor, or some third person.^
3. The case. The danger of a violation of the seal of confession, or the danger lest some one other than the con- fessor should hear the confession of the penitent, is con- sidered by divines to be a sufficient inconvenience to excuse a penitent from making a full confession. There was, as is clear, this danger in the case proposed, and so Caius was justified in absolving the old couple without requiring a full and specific confession from them. If Caius thought that the suggestion of some venial fault, such as impatience, which they would find no difficulty in acknowledging in the hearing of the other party, would serve to make their contrition more definite and' certain, there would, we think, be no objection to his mentioning such a sin, and asking them if they had been guilty of it, and were now sorry for it, and for all the other sins which they had committed.
1 Sess. xiv, can. 7; Manual of Moral Theology, vol. ii, 164.
2 Manual of Moral Theologjs vol. ii, 168.
14
ABSOLUTIOX BY T]-:LEPnOXE
TiTius sacerdos ( atliolicus nia^no cum jscandalo fidclium spretis obligationibus (Hiil)iis li<;al)atur matrimonium cum muliercula quadam attcntabat (juacum postea taniquam negotiator seculariter vivebat per })luros annos. Tandem aliquando in periculo mortis (Mim esse constitutum audiebat Caius sacerdos et (luondam amicus, qui statim ad domum ibat aegroti et cum animo Titium juvandi petiit ut admitteretur. Ingressum aspere negabat mulier- cula affii'mans medicum severissime ingressum omnibus prohibuisse. Zelo animse salvanda) accensus Caius omnia media exeogitabat quibus posset cum Titio communicare. Audiebat eum habere telephonium in privato cubiculo quo cum officio in civitate communicabat Ad officium convolabat Caius et licentia sub cjuodam praetextu obtenta utendi telephonio, hxiuebatur cum Titio, cum disponebat ad poenitentiam fcrvidis suis hortationibus et confessum ope telephonii absohit. Postea vero dubitans do absolu- tione data thcologum consulit. Undo cjuteritur :
1. Quid requiratur ad licite et valide pcenitentes ab- solvendos?
2. Num confessio facta ab absente vel absolulio data ab absente valeat?
3. Quid ad casum?
183
184 CASES OF CONSCIENCE
Solution
1. What is required for validly and lawfully ahsoh'ing penitents?
Besides what is reiiuisite on the j)arl of the minister of Penance and of the })enitent, there are certain con- ditions required for valid and lawful giving of absolution. For validity the form of words, " I absolve thee from thy sins," or at least, " I absolve thee," is necessary; and at the time of absolution the confessor and penitent must be morally present to each other. The latter condition is interpreted to mean that the penitent must not be fur- ther removed from tlie confessor when absolution is given than the ordinary tone of voice will carry. For the lawful administration of Penance the rubrics of the Ritual must be observed, and in particular the form of absolution given there must be used, and the priest should have on surplice and stole. ^
2. Is confession or absolution valid when made or given by one who is absent?
No. This conclusion follow^s from the absolute pro- h'bition under all circumstances by Clement VIII, 20 June, 1G02, of confession made by letter to an absent priest or of absolution given by a priest to an absent penitent.-
3. The case. Most of the theologians who have treated the question consider that absolution given by telephone is invalid. The speakers are not morally jjresent to each other; the instrument is a means of speaking with the
1 Manual of Moral Theology, vol. ii, 175.
2 Ibid., 164.
ABSOLUT I()\ liV TELEPHONE 18o
absent and distant, lint, as wt- have seen, moral prcsoncc of confessor and penitent is necessary for the validity of Penance. On the ground that by using the telephone the voice of the confessor reaches the penitent, some theologians hold that absolution given by telephone is valid. Others \v(juld allow a confessor to use the instrument in a case of extreme necessity. There was extreme necessity in the case proposed, so that Caius is not to be blamed for what he did. On b(>ing asked whether it is lawful to give absolution by telephone in a case of extreme necessity, the Sacred Penitentiary answered, 1 July 1884; " Nihil est respondendum."
15
AN UNFORTUNATE MOTHER
Petrus sacerdos missionarius ad mulicrom sua? curse commissam vocabatur qua? morilxiiida dicebatur. Obviam fiebat medico amico et catholico Cjui ad eamdem erat vocatus a quo Petrus audiebat mulierem, cujus maritus ab anno cum exercitu in Africa meridionali esset, factam ex delicto pra^gnantem, abortum in se non sine gra\a vitse periculo procurasse. Ad moribundam accedens Petrus eam monuit de statu periculoso et ut se ad mortem prsepararet persuasit. Quum vero nihil de adulterio nee de abortu in confessione dixisset, quamvis intra annum elapsum se non esse confessam ultro admiserit, Petrus interrogal^at utrum aliud quid cjuod conscientiam morderet haberet, cui ipsa, " Non, nihil aliud," respondit. Petrus vero nesciebat quid in casu esset faciendum prseser- tim fjuum homicidium esset in dioecesi intra casus ab Episcopo reservatos. Unde quseritur:
1. Quaniam pania contra abortum procurantes statua- tur, et num mater abortum sibi procurans illam incurrat?
2. Reservato homicidio ab Episco})o num abortus comprehendi censeatur?
3. Quid a confessario faciendum sit quando p(£nitens in confessione peccatum a se commissum neget?
4. Quid ad easum?
186
AN UNFORTUNATE MOTHER 187
Solution
1. What spiritual penalty is annexed to the crime of procuring abortion, and does a mother who commits the crime incur the penalty?
By the Constitution ApostoliccB Sedis of Pius IX, those who procure al)ortion are excommunicated. The absolu- tion of the censure is reserved to the bishops. St. Alphonsus (III, 395) teaches that a probable opinion excuses mothers from the penalty of excommunication inflicted by Sixtus V on those who procure abortion. According to many recent theologians this opinion remains probable with respect to the Constitution Apostolicce Sedii< of Pius IX, since the object of Pius IX was to limit the number of censures, not to increase it.^
2. When homicide is reserved by a bishop, is abortion comprehended in the term?
Not usually; in many of the pagellce of the bishops who reserve homicide, abortion is specially excepted, and even if it is not expressly excepted it may be understood as tacitly excepted, because it is a crime with its own special penalties inflicted by the Holy See.
3. What should a confessor do when a penitent denies that he has conamitted a sin which nevertheless the con- fessor thinks that he has committed?
The confessor should ask him whether there is not some- thing more, and exliort him to make a full and sincere confession without fear. If the penitent still denies that there is anything more, the confessor should ordinarily absolve him. For ordinarily the confessor may and should
' Lehmkuhl, II, 1247, eleventh edition.
188 CASES OF CONSCIENCE
believe the penitent both against and for himself. If it is evident to the confessor that the penitent is lying and making a bad confession, he should of course not absolve him, but occasions when he can be sure of this will be
rare.
4. The case. After exhorting the woman to make a full confession wdthout fear, and asking her again whether there is anything else on her conscience, as for example, against the sixth commandment, if she persists in her denial, Peter should absolve her. It might possibly be that she had not committed either formal adultery or abor- tion, or even if she had committed those crimes there might be some reason subjectively sufScient to excuse her from confessing them to Peter. As she is in danger of death, and all reservation ceases in such a case, even if abortion were comprehended under homicide and reserved, Peter could absolve her without recurring to the bishop.
1 Bucceroni, Theol. Moral., vol. ii, S24.
16
DOUBTFUL JURISDICTION
TiTius sacerdos dioecesis Liverpolitanae viam ferream ingressus apud Liverpool Londinum perrecturus in curru solus crat quum Paulus intrarct et itinera incoepto collo- quium cum Titio institueret. De aliis rebus sermone facto tandem de religione colloquebantur. Titius invenit Paulum esse Catholicum nee tamen a multis annis ob dissensionem cum parocho esse confessum, paratum vero esse hie et nunc confiteri si Titius eum audire velit. Titius dubitabat utrum adluic cssent intra fines dicEcesis Liver- politana?, sed (luuni Paulus sistere vellet apud Crewe, putans non esse immorandum statim confessionem audiit Paulumque absolvit. Postea de re cogitanti plura dubia ei occurrunt quse solvenda proponit. Unde qua'ritur:
1. Quis sit minister sacramenti Poenitentiae?
2. Num liceat dubia tantum jurisdictione prsedito absolvere pd^nitcntem?
3. Num du])ie absolutus iterum confiteri teneatur?
4. Quid de mode agendi Titii?
Solution
The first question is answered above, p. 1G9.
2. May a priest who has only doubtful jurisdiction absolve a penitent?
He may not, except in case of necessity, for the sacrament would be exposed to the danger of nullity, and the penitent to harm. In case of necessity he may. Theologians admit
189
190 CASES OF CONSCIENCE
as just reasons for giving absolution r,-ith doubtful jurisdic- tion the necessity of making one's Easter communion, or if the penitent has not confessed for a long time.
3. Is one who is doubtfully absolved bound to confess again?
Most theologians answer Yes, for the reason that he is bound to make certain that his sins have been submitted to the keys. This doctrine hardly agrees with the prin- ciples of probabilism, for unless there was some chance that the absolution would be valid there was no use giving it, and after the event Standum est pro valore actus. St. Alphonsus (VI, 432) seems to restrict the obligation of confessing again to the case in whicli the penitent after- wards finds out for certain that the priest had no jurisdic- tion when he granted absolution.
4. What about Titius' action? Titius had faculties only for the diocese of Liverpool, but when he gave absolution he was not certain whether he was in the diocese of Liver- pool, or in that of Shrewsbury which borders on it. With this doubt in his mind he gave absolution. In this he acted rightly. For it was not certain that the jurisdiction with which he had started on his journey had ceased, and he could presume that he still had it. As Paul had prob- ably submitted his sins to a duly qualified priest and had received absolution for them, he was not strictly bound to confess them again, but Titius should have told him about the doubt concerning his faculties, so that Paul might confess again if he wished to make his absolution certain, or in case he became dangerously ill before going again to confession.^
* Manual of Moral Theology, vol. ii, 185 f.
17
A LIE IX CONFESSION
Inter confitondum sacerdoti Julio Anna dicit se esse anxiam do ultima sua confessione eo (juod in ca sit mentita. .Julius earn interrogat quomodo id acciderit. Rcspondit Anna confessarium interrogasse utruni al) ultima confes- sione diebus abstinentise carnes comedisset quod se negasse, quum fuorit conscia se semol ob debilitatem propter quam putarct id sibi licere carnes feria sexta man- ducasse; nunc vero iit tranquilla gaudeat conscientia omnia velle Julio sincere confiteri. Julius vero ponderat utrum debeat Anna ultimam confessionem integre repetere necne. Unde quaeritur:
1. Quaenam sit materia necessaria et qua^nam libera sacrament! Pcenitentise?
2. Num circumstantiae aggravantes vol niiiiucntes sint materia necessaria hujus sacramenti?
3. Num obligatio adsit confessario interroganti sincere respondendi?
4. Quid ad casum?
Solution
The first question is answered above, p. 151.
2. Are circumstances which increase or lessen the malice of sin the necessary matter of Penance?
The question is disputed, but probabh^ circumstances which only increase or lessen the malice of sin and do not
191
192 CASES OF CONSCIENCE
change its moral or theological species, are not necessary matter for Penance.'
3. Is the penitent obliged to give a sincere answer to questions put to him in confession?
Yes, whenever the confessor questions him about what is necessary to make his confession full and integral, or about what is necessary in order to judge of his dispositions or obligations, so as to be able to counsel and direct him ariglit.2
4. The case. Ann when asked in confession whether she had eaten flesh meat on days of abstinence denied that she had, although she was conscious that she had taken meat once on a day of abstinence whey she thought that she was justified in taking it on account of feeling weak. In her next confession Ann told this to her confessor and said she was anxious about it.
Objectively, of course, Ann committed no fault, for she answered her confessor according to the sense of his question. The confessor wanted to know whether she had broken the law of abstinence, and in answering No, Ann told the truth. Therefore unless Ann thought at the time when she gave the answer to her confessor that she was committing a grave sin, she should now be told not to trouble further about it. Her subjectively erroneous conscience might, of course, have caused her to commit grave sin subjectively, and then it would be necessary to confess this, and repeat the former confession.
' Manual of Moral Theology, vol. ii, 165 f. ^ Bucceroiii, vol. ii, 716.
18
A J)VL\c; XUN
Catiiarixa nioiiialis ([ux ad Congregationem votoruni simpliciuin pertiiK^bat coiifittTi lujllcbat confessario ordi- nariu (jiii singulis hebdomadis ad conventum muneris exercendi causa veuiobat, cum majori enim fructu ut sibi videbatui- (|uaiidocuii(iuc confessione indigebat Titio saccrdoti qui ecclosiu' propinquas inserviebat confitcbatur. Occasioncm confitcndi in ccclcsia Titii facile invcnicbat quando a schola elementari ubi puellas quotidie docebat ad conventum revertebatur. Graviter autem aegrota Catharina rogabat superiorissam ut ad confessionem audiendam Titium advocaret. Unde quscritur:
1. (^uid statuat jus ecclesiastic um de confessionibus monial um?
2. De quibusnam monialibus agant dictae leges?
3. Quid de actis vel agendis a Catharina, Titio, ot supcriorissa in casu?
Solution
1. "\Miat does ecclesiastical law lay down a])out tlic con- fessions of nuns?
There should be onl\' one ordinal"}' confessor for each convent, but an extraoi'dinary confessor shoukl be offered the nuns two or three times a year, and indeed as often as a nun is conscientiously and reasonably driven to ask for one.
193
194 CASES OF CONSCIENCE
2. Of what nuns do these laws treat?
Although these laws more specially relate to nuns under solemn vows, yet by custom, pro\dncial legislation, by special restrictions placed in the pagdla of faculties, and according to the express instructions of the Holy See, the same laws now bind nuns with simple vows. When lawfully outside the convent nuns may confess to any approved confessor. See above, p. 174.
3. What about the actions of Catherine, Titius, and the Superioress?
First with regard to Catherine's conduct. The al:)solu- tions which she received from Titius were valid, and if she had gone to confession to him only once in a way, she could not have been blamed, for nuns when lawfully outside their convent may confess to any approved con- fessor. But Catherine made it a regular practice to avoid the ordinary confessor of the convent, and to choose her own confessor outside. This is contrary to the spirit of the laws made by the Church for good reasons with regard to the confessors of nuns, and she should not have done it.
With regard to Titius. He was justified in hearing the confession of Catherine and absolving her, but if and when he noticed that she came to him regularly, he should have admonished her to act more in the spirit of the laws of the Church.
The Superioress should have intervened if she knew^ what Catherine was doing. As Catherine is now dan- gerously ill the Superioress should humor her and send for Titius, who will have faculties to hear Catherine's confes- sion in the convent as she is in danger of death.
19 A BISHOP'S RESERVED CASE
Caius, sacerdos regularis, duiii iiiissioiu'iii Iradit in quodam oppido, a civitate Episcopal! loiigo dih;tanti, audit coiifessionom Titii operarii qui ibidem degit. Inter confitcndum Titius dicit sc rcccntcr junctum fuisse matri- monio cum Bertha protcstantica coram registrario civili, ad tale faciiius adactum propter difficultatcm a i)arocho ohtiiieiidi disjK'iisalionem a matrimonio iiiixto. Caius rccordatur casum esse ex iis quos Episcopus sibi reservat, quomodo autem sit procedendum nescit. Titius enim A^detur perpetuo impeditus quominus Episcopum adeat, ad sci-ihendum vero etiamsi scril)ere possit nulla lege teneri videtur; (juod etiam de ipso Caio dici posse videtur; ex altera jwrte Titius scandalum dedit quod est reparan- dum. Unde (juaTitur:
1. Quid lex ecclesiastica statuat de habente casum papa- lem et impedito quin Romam adeat?
2. Quid de habente casum episcopalem et impedito quin Episcopum adeat?
3. Quid a Caio faciendum? et (juid si Titius ignoret casum esse reservat uni ab Episcopo?
Solution
1. WTiat does the law of the Church prescribe with regard to a penitent who has a papal case and is prevented from going to Rome?
195
196 CASES OF CONSCIENCE
If there is no need for immediate absolution the case must be submitted by letter to the Grand Penitentiary at Rome either by the penitent himself, or by his con- fessor, in order that special faculties for granting absolu- tion may be obtained. If the penitent is under the necessity of obtaining absolution at once, he may be absolved directly by any confessor, but within a month the case must be submitted to Rome by the penitent or by his confessor under pain of falling again into the same case.i
2. W^iat must be done with a penitent who has incurred a bishop's case and is prevented from going to the bishop?
The regulation given above for the treatment of papal cases is gradually being applied to bishops' cases also. Otherwise a priest without special faculties may give absolution from a bishop's case when the penitent can not go to the bishop. The absolution will be indirect if the penitent can present himself to the bishop within six months, direct if he can not.^
3. The case. If Titius was married before April 19, 1908, the marriage would be vahd in England and in most parts of the United States, and Caius might absolve him to enable him to go to Holy Communion. If the bishop of the diocese requires that reserved cases should be submitted to him by letter, this should be done, either by the penitent or by the confessor. If Titius was ignorant tliat his case was reserved to the bishop, his ignorance probably excuses him from incurring the reservation, unless the bishop has expressly declared the contrary. If Titius were induced to give the promises usually made
1 Manual of Moral Theology, vol. ii, 204.
2 Ibid., 207 f.
A BISHOP'S RESERVED CASE 197
before a dispensation is granted for a mixed marriage, and if ho promised to lead a good Catholic life himself, it would go far to repair the scandal he caused.
If the marriage took place after the decree A^e temere came into force, the marriage is null and void on account of clandcstinity. The case should be referred to the bishop, who will doubtless grant faculties to Caius or to the parish I)riest to revalidate the marriage and instruct him as to what he is to do. In the meantime Titius should not use marital rights, and it would be well if he kept away from home. In the possible case of Titius thinking in good faith that he was really married, he might be left in his good faith until the dispensation arrived. After the dispensation has been fulminated, the religious mar- riage should take place before the parish priest or his delegate and two witnesses.
20
DE ABSOLUTIONE COMPLICIS
TiTius sacerdos dum exercitia spiritualia peragebat misericordia divina motus pactum aliquod cum Paulo sacerdote manifestabat confessario. Quum eiiim Titius et Paulus mutui scirent se ssepius cum mulieribus peccare conveniebant inter se de confessione mutuo facienda et de absolutione mutuee complici danda. Quibus auditis dubitabat confessarius Titii utrum absolvere eum nunc possit. Unde qugeritur:
1. Quid de absolutione complicis statuat lex ecclesiastica?
2. Quomodo sit verbum cornplex intelligendum?
3. Quid faciendum a confessario sacerdotis qui com- plicem absolverit?
4. Quid ad casum?
SOLUTIO
1 . Quid de absolutione complicis statuit lex ecclesiastica? Sacerdos qui cum alia persona graviter contra castitatem
deliquerit prohibetur quominus eam personam absolvat a peccato complicitatis, jurisdictione quoad istud peccatum absolvendum privatur, ac si absolutionem istius peccati attentat excommunicationem specialissimo modo Romano Pontifici reservatam incurrit.^
2. Quomodo sit verbum complex intelligendum?
^ Manual of Moral Theology, vol. ii, 213. 198
DE ABSOLVTIOSE COMI'lJCIS 1!J!J
Complex in peccato turpi liif iiitellioitur (lui intcnic et extenic grave peceatuin eoiitra castitatein .si\'e verbis, sivc aspectu, .sive faeto, cum sacerdote etiam ante sacer- dotium susccptuiii coinniiscrit.i
3. Quid faciendum a confessario sacerdotis cpii eom- plicem absolvent?
Debet confessarius si sacerdos eonfitetur se attentasse absolutionem complicis ilium nionere ut petat facultatem a S. Poenitentiaria (pia absolvi possit a suo confessario. Si velit, potest ipse confessarius banc facultatem petere. Nomen pcunitentis non declaratur S. PcEnitentiaria?. Si necesse sit ad scandalum vitandum vel propter aliam justam causam ut pd'uitens statim ;il).-()Ivatur. confessarius eum absolvere dii'c^cte potest sed sub onere se sistendi infra mensem per litteras ut supra S. Pcrnitentiari^c.^
4. Ad casum. Titius et Paulus sacerdotes mutuo conveniebant de complicilius mutuis in peccato tui'pi absolvendis ac de se ipsis invicem absolvendis a suis pec- catis. Istud pactum est ipsum contra castitatem quatenus est medium (pio impuritati facilius indulgere valent; sunt igitur Titius et Paulus complices in peccato turpi nee possunt se mutuo absolvere, quod si attentent dictam excommunicationem incurrunt .^
' Manual of Moral Theology, vol. ii, 214.
2 Ibid, 204.
* Bulot, Compend. Theol. Moral., vol. ii, n. 575.
21
FICTA ABSOLUTIO COMPLICIS
TiTius sacerdos se confert ad domum quamdam Regula- rium ad vacandum exercitiis spirit ualibii.s. Post aliquot dies ibidem confessionem facit Patri Caio (}ui ci exercitia tradebat. Inter alia peccata confitetiir sc inhonestos sermones habuisse cum Philippo amieo qui ad gregem sibi commissum pertinebat et postea eum absolvissc; prse- terea se turpiter peccasse cum Maria ejus filia semel et iterum, et camdem sibi confessam absolvere semel finxisse; alia vice in confessionali quum earn adesse ex vocis sono suspicaretur, ne autem certior esset factus ab interrogando earn abstinuisse ac tunc revera absolvisse, postea tamen quum peteret sacram Commvmionem eam adfuisse in confessionali factum esse certum. Titius addit se maxime dolere de pra^teritis, firmissime proponere vitse emenda- tionem et absolutionem petit. Unde (juseritur:
1. Quid statuat Benedictus XIV in Constitutione Sacra- mentum Poenitentice'!
2. Quid de facultate absolvendi a casibus ibidem contentis?
3. Quid ad casum?
SOLUTIO
1. Quid statuit Ben. XIV in Const. Sacramentum PoenitentioB?
Benedictus XIV in dicta Constitutione agit de crimine sollicitationis et de attentata absolutione complicis. De
200
FICTA ABSOIJ-TfO COMI'IJCIH 201
solliciiatione statuit OriliiKiiios Icncri iiKiuircre ct pro- cedcre contra sacerdotes (lui sunt rei soUicitationis in sacro tribunali; omnes confessarios qui sciant suos poc- nitentes fuisse sollicitatos ab aliis in sacio tiil)unali tcucri ad cosdem monondos do ol)lio;ationo sollicitautcs dcnun- ciandi; potcstatem ab.solvcndi cos (jui ("also accusant sacerdotes sollicitationis esse Summo Pontifici reservatam. De attentata absolutione complicis statuit sacerdotem hujiis eriminis rcum incurrere excommuuicationem S. Pontifici pariter reservatam. ^
2. Quid de facultate absolvendi a casibus ibidem con- ten tis?
Absolutio a censuris in Const. Sacramentum Poenitentice contontis est mode specialissimo reservata S. Scdi ita ut non comprehcndatur facultas ab eis absolvendi etiam in facultate absolvendi ab omnibus casibus S. Sedi spe- cialiter reservatis.^
3. Ad casum. Titius inhonestos sermones cum Philippo habuit eumque postea absolvit. Si ita inhonesti fuerint sermones ut grave peccatum contra castitatem constitue- rent, absolutio fuit nulla (^t irrita, ac Titius in casum reserva- tum incurrit (S. Officium, 28 Mali 1873). Fingendo absolutionem Marian non evitabat Titius excommu- nicationem, juxta saipc declarata a S. Poenitentiaria et S. Officio.3
Abstinendo ab interrogatione ne agnosceret complicem ac postea cam absolvendo, videtur Titius cum ignorant ia crassa et supina eglsse, ac proinde censuram iteruni incur- risse juxta rcsponsum S. Officii 13 Jan. 1892.
> Manual of Moral Theology, vol. ii, 210 ff.
2 Ibid., 205.
« G^nicot, vol. ii, n. 353.
202 CASES OF CONSCIENCE
Unde Titius pluries excommimicationem specialissimo modo reservatam incurrit, nee poterit absolvi sine facultate specialiter accepta a S. Poenitentiaria, cui est declarandum quoties Titius complices absolvent.
22 DISTINCTIO INANIS
Caius sacerdos ad pedes Titii eonfessarii provolutus confitetiir se poenitentem quamdam in sacro tribunal! ad grave peccatiim turpe sollicitasse, necnon postea apud se illud peecatum confitentem eamdem directe ab aliis peccatis indireete a peccato complicitatis absolvisse, in quod nullam jurisdictionem se habere bene cognovisse nee illud absolvere intendisse declarat. Titius absolvit Caium quam\is sollicitatio in sacro tribunali sit peecatum ab Ordinario reservatum, eo quod eras celebrare pro populo poenitens ex officio teneatur, nescit tamen utrum onus Romam scribendi sit ei imponendum utpote censura excommunicationis ligato ob absolutionem complici datam. Unde quieritur:
1. Quid sit casuum reservatio et quinam ejus finis?
2. Unde dignoscantur casus reservati?
3. Quid facere debeat confessarius peecatum reservatum audiens?
4. Quid ad casum?
SOLUTIO
1. Quid est casuum reservatio et quinam ejus finis?
Reservatio casuum est limitatio jurisdictionis quam confessarius retinet quoad cetera pcccata quamvis dcne- getur quoad reservata. Finis rcservationis est disciplina
203
204 CASES OF CONSCIENCE
populi Christiani, ut nempe deterreatur a peccatis reser- vatis committendis propter difficultatem obtinendi abso- lutionem, et ut qui ea committat peritiorem habeat con- fessarium.^
2. Unde dignoscuntur casus reservati?
Casus papales fere omnes continentur in Constitutione Pii IX ApostoliccB Sedis, prseter unum de falsa aceusa- tione sollicitationis, quod habetur in Constitutione Bene- dicti XIV Sacramentum Poenitenti(B,et aliud de stipendiis Missarum in decreto S. C. C. 11 Maii 1904. Casus episco- pales habentur in pagellis quas confessariis concedunt episeopi. Casus Regularium in eorum Constitutionibus et regulis inveniuntur.
3. Quid facere debet confessarius peccatum reservatum aiidiens?
" Extra articulum mortis," ait Tridentinum (Sess. XIV, c. 7), " sacerdotes quum nihil possint in casibus reservatis, id unum poenitentibus persuadere nitantur, ut ad superiores et legitimos judices pro beneficio abso- lutionis accedant." Ssepe tamen ex caritate tenebitur confessarius speciales facultates obtinere ut ipse poeniten- tem reservato peccato oneratum absolvat.
4. Ad casum. Caius sollicitavit ad turpe peccatum poenitentem in sacro tribunali, (juod peccatum fuit Epis- copo reservatum. Praeterea complicem postea ab aliis peccatis absolvit non intendens eam a peccato complici- tatis absolvere, deinde sua peccata Titio est confessus. Titius recte fecit Caium absolvendo propter necessitatem in qua versabatur eras pro populo celebrandi. Absolutio peccati Episcopo reservati erat indirecta, ac proinde tene- bitur Caius obtinere directam absolutionem vel ab Epis-
' Manual of Moral Theology, vol. ii, 192
DISTINCT JO I NAN IS 205
copo vel a delegate ab eo. Dedit Caius ahsolutionem complici et sic incidit in casum S. Pontifici reservatum, nam attentabat complicem absolvcre nee potuit restringcre absolutionem mcra sua inlcutionc ad cetera peccata, (jiiia noil pendet al) iiitciitioiic sacerdotis ad quae peccata inter confessa absolutio a se data extendere debeat. Pra;terea fingit se al)solvere poenitentem complicem et hac ratione incurrit censuram. Unde tenebitur infra mensem se sistere S. Pcentitentiaria> cj usque mandatis obtemperare.
23
ERROR NON DAT JURISDICTIONEM
Caius sacerdos mittitur ad quamdam missionem ut ad tempus vices quasi-parochi infirmi suppleat. Dum con- fessiones audit venit Martha quse se accusat turpis peccati cum sacerdote pluries admissi. Consuetudinem peccandi suspicatus Caius interrogat utrum ante ultimam confes- sionem idem peccatum commisisset, et invenit Martham habere habitum peccandi cum sacerdote, et apud eumdem postea confitendi; quippe quae nesciat quidquam obstare, quod valde probabihter verum esse Caius putat de omnibus fidehbus utpote rudibus qui ad istam missionem pertinent. Hinc Caius dubitat quid a se sit faciendum. Unde quaeritur:
1. Quid statuatur a Benedict© XIV in Const. Sacramen- tum Pxnitentice?
2. Num et quando possit error communis supplere confessario jurisdictionem?
3. Quid a Caio faciendum?
SOLUTIO
Primae quaestioni respondetur supra, p. 200.
2. Num et quando potest error communis supplere confessario jurisdictionem?
Ecclesia certo supplet jurisdictionem si adsit titulus coloratus simul cum errore communi. Probabihter etiam
206
ERROR NON DAT JURISDICriONEM 207
supplet cum solo crroro rommuni otiamsi non sit titulus coloratus conjunct us. (^ua; tamon probabilis sententia non potest applieari casui in quo complex in peccato turpi jjutat se posse absolvi a complice sacerdote. Nam talis error est privatus, et populus potius ignorat legem eccle- siasticam cjua) privat complicem jurisdictione quam circa illam errat. Deinde quidquid sit de generali principle certum est Eeclesiam nolle supplere jurisdictionem com- plici sacerdoti ut hie complicem absolvat, nam expresse dicit Constitutio Benedictina Sacramentum Pcenitentice; " Sublata jurisdictione ad qualemcumque personam ab hujusmodi culpa absolvendam."
3. Ad casum. Confessiones Marthae utpote bona fide factai fuerunt validae, et absolutio ceterorum peccatorum fuit directa quum sacerdos complex tantum privetur jurisdictione " quoad hujusmodi culpam absolvendam." Absolutio peccatorum complicitatis fuit indirecta ac proinde tenetur Martha ea iterum clavibus subjicere ut directe absolvantur. Debet ergo Caius exquirere quoties vel a quo tempore sit confessa peccata complicitatis apud complicem, eamque monere ut ilium in posterum evitet turn intra tuni extra confessionem.
24
ASKING THE NAME OF AN ACCOMPLICE
Albertus puer quatuordecim annorum in collegio quo- dam Catholico degens accusat se in confessione peccati turpis cum alio puero commissi. Interrogatus a confes- sario ultro fatetur se pluries antea ab eodem complice sollicitatum idem peccatum admisisse. Confessarius quum prudenter timeat ne iterum idem accidat rogat utrum sit paratus omnia media adhibere ad relapsum praecavendum, etiam ad complicem denunciandum. Puer dicit se libenter nomen complicis confessario ipsi manifestaturum, nullo tamen modo superioribus quamvis libenter concedat facultatem confessario superioribus rem declarandi. Ex circumstantiis judicat confessarius omnino esse necessarium ad relapsum praecavendum et etiam ad bonum commune collegii ut complex in casu superioribus denuncietur; unde puerum non posse absolvi hoc onere recusato, putat tamen sibi non licere nomen complicis inquirere. Unde quseritur:
1. Quid dicendum de necessitate confitendi peccatum si mde complex peccati confessario manifestetur?
2. Quid de confessario qui nomen complicis inquirat?
3. Quid faciendum a confessario in casu?
208
ASKING THE XAME OF AX ACCOM FLIC E 209
Solution
1. Is it necessary to confess a sin if in so doing an accomplice in the sin is made known to llu; confessor?
If possible the penitent sliouid <;-o to a confessor who would not know the accomplice in the sin. If he can not conveniently do this, it is a controverted {joint as to whether he should mention the sin, which can not be confessed without also betraying an accomplice, or not. Some authorities hold that he may not mention the sin because the natural law of secrecy about another's sin is stricter than the positive law about the integrity of con- fession. Others hold the contrary opinion, because for good reason we may make known the secret sin of another. Both opinions are probable, so that the penitent may follow either. 1
2. May a confessor ask the name of an accomplice?
In the Constitution Aposfolicce Sedis the first of the excommunications reserved to the Holy See is incurred by those who teach or defend as lawful the practice of inquir- ing from penitents the name of an accomplice in sin as the practice was condemned by Benedict XIY. The practice then is in general unlawful. However, as Benedict XIV himself supposes, there are certain cases in which the penitent is bound to denounce an accomplice, and sometimes this can only be done to or through a confessor, w^ho may then ask the name of an accomplice .^
3. The case. The good of the college requires that the boy who corrupts his school fellows should be denounced
* Bucccroni, vol. ii, n. 720. 2 Ibid., 1178 ff.
210 CASES OF CONSCIENCE
to the authorities when this is necessary to prevent future grave sins. This could only be done in the circumstances of the case by Albert himself. He was therefore under a grave obligation of doing this, and could not be absolved if he refused to do it. As he absolutely refused to denounce his accomplice personally to the authorities, but was not unwilling to tell the confessor, to whom he also gave leave to mention the matter to the authorities, the con- fessor may ask him to write the boy's name on a slip of paper and put it in an envelope and give it to him, and that he will see that it goes to the authorities. In doing this the confessor would do nothing wrong, but only help the boy to do his duty.
25
A RECIDIVIST
Caius juvenis catholicus qualibct hcbdomada confiteri solet. Quamvis alio(iuin bontc dispositionis, semper se accusat peccati mollitiei admissi tcr ({uatervc intra heb- domadam. Interrogationil^us confessarii reypondit se con- tinere consuevisse per duos fere dies post confessionem, postea vero cadere; se dolere multum de peccatis, velle sincere se eripere e pravo habitii, et libentcr consilia et media se emendandi a confessario accepturum. Unde quaeritur:
1. Quis sit recidivus?
2. Quomodo tractandus?
3. Quid ad easum? '
Solution
1. Who is a recidivist?
A recidivist is one who after many confessions has fallen into the same sin without any or with scarcely any amendment.
2. How is a recidivist to be treated?
This is a much controverted point among more recent moral theologians. The Jansenists taught that a recidi\dst can not be absolved until he has proved the sincerity of sorrow by actual amendment and by abstaining from falling again into the same sin for some time after con-
211
212 CASES OF CONSCIENCE
fessioii. On the other hand laxists held that a penitent who has contracted a habit of sin should be absolved at once, provided that he makes verbal profession of his sorrow and purpose of amendment. Even some who are neither rigorists nor laxists hold that after a recidivist has been absolved a certain number of times, he may not be absolved again unless he shows extraordinary signs of sorrow. The doctrine of Lugo and other older theo- logians on this matter seems more workable and better grounded. In brief it comes to this: that the matter must be left to the judgment of the confessor, and if the confessor judges that the penitent is here and now sorry for his sins, notwithstanding his falls in the past, he may always absolve him.^
3. The case. The fact that Caius keeps from sin for some time after going to confession shows that he derives fruit from the sacrament and he should not be deprived of it. He may be told to come to confession immechately after falling into sin if he can do so; to pray hard and perseveringly especially in time of temptation to God and His blessed Mother for help; to go frequently to Holy Communion; to keep constantly occupied in mind and body; to take plenty of fresh air exercise; and similar means. With God's grace, if he adopts these remedies he will confiuer his bad habit. The confessor should do all he can to cheer and encourage him.
1 Manual of Moral Theology, vol. ii, 218 ff.
26
A LONDON ACTRESS
Caia actrix sconica {actress) satis Celebris in quodam theatro Londinensi Lucio sacerdoti singulis fer(! mensibus confiteri solet. Inter alia peccata semper occurrunt qurcdarn cum juvenibus commissa quos ^dx aut ne vix (luitlem e\itare potest quum in ipso theatro earn quadrant. Optima; indolis Caia Lucio videtur, et peccare propter occasiones ac fragilitatem potius quam ex malitia; quo magis anxius est ut sciat quid sibi faciendum turn quoad absolutionem dandam, differendam, vel negandam, turn ut Caiam a pravo habitu eripiat. Unde quseritur:
1. Quomodo differant occasionarius, consuetudinarius, recidivus?
2. Num et qua regulse dari possint quoad absolutionem recidivorum?
3. Quid ad casum?
Solution"
1. How do the terms occasionarius, consuetudinarius, recidivus, differ?
An occasionarius is one who is placed in a proximate occasion of sin; a consuetudinarius is one who has con- tracted a habit of sin; a recidivus is one who after man)^ confessions falls again into the same sin without any or with scarcely any amendment.
213
214 CASES OF CONSCIENCE
2. Can any rules be given with regard to absolving recidivists?
Some theologians descend into minute particulars on this point and give a great man}- rules of great complexity. Those given by Lugo are practical and short. They are these :
a. If a confessor judge a penitent notwithstanding a past habit of sin, to have here and now a true sorrow and a firm resolve not to sin again, he can absolve him.
b. But in the second place it is certain that when a priest, considering the past habit of sin, the propensity to it, and other circumstances, can not judge the penitent to be sufficiently averse from the sin, he can not absolve him, however much the penitent asserts that he is sorry.
c. It will help toward forming a judgment about the present dispositions of the penitent if he show special signs of sorrow.
d. Finally it will sometimes be useful to put off absolu- tion for some days.^
3. The case. As was said above (p. 212) one who after many confessions falls again into the same sin without any or scarcely any amendment, may always be absolved by the confessor if he judges that the penitent is here and now sorry for his sins and purposes to correct them in future. Caia seems to be such a penitent, and so Lucius may absolve her. He has no right to deny her absolu- tion, and it would probably do more harm than good if he were to defer it for a time. However, he may and should suggest means by which she may be able to avoid sin. We presume that she neither does nor says any- thing wrong in the course of her acting. The only remedy
» Manual of Moral Theology, vol. ii, 219 f.
A LOS DOS' ACTRESS 21 o
to siip;<;ost if tho contrary were (1h> fact would he to stoji it. A\'(' supijose tliat licr duties are not wrong in them- selves, but that they funiisli the occasions of sin to her. It would be a good thing if she could abandon her pro- fession and take up another whicli woukl be less dangerous. If she can not do this, the confessor might suggest that Caia should always have her mother, or sister, or lady friend with her in the theatre. She should attend to her prayers, go to the sacraments every week if she can, and if she gets a good offer of marriag(^ she should accept it and retire from the stage.
27
A LOOSE PRTXCIPLE
Petrus et Paiilus operarii fiimimi herbal nicotianse ducebant propc feiiilia Jacobi, cui olim in.serviebant, sed qui eosinjuste dimiserat. Casu inopinato sulphurata ardentia inter foeniim inadvertenter projeceriint. Itinera paululum producto, respicientes viderunt igniculum e feno oriri. Propter veterem inimicitiam erga Jacobum, et eo quod alter alterum incrcpavit de incendio excitato, neuter pedem movit ad Jacobum moncndum de periculo immi- nenti, ac proinde irriti fuorunt conatus concurrentium ad ignem extinguendum, et fcnilia perierunt. Postea Petrus cogitans de Paschali prsecepto implendo, ad Caium eon- fessarium accedit, et exquirens pra?sertim de obligatione restitutionis refert dimidium valoris rerum qua? perierant a societate assecurationis jam solutum esse, et Jacobum terrefactum ad extremum pene vita? reductum, pristinam sanitatem tandem recuperasse, at non sine magnis expensis contractis. Caius vero eum ab omni onere restitutionis excusat, uti alias semper, quia ut ait, semper adest aliciua causa qua) restitutionis obligationem saltern dubiam reddit; lex vero dubia non obligat. Unde qua3ritur:
1. Quse sint conditiones ut actio damnosa pariat obliga- tionem restitutionis?
2. Quid si confessarius indebitc; ol^ligavcrit vel solverit a restitutione facienda?
3. Quid ad casum?
216
A LOOSE PRINCIPLE 217
Solution
1. What conditions are necessary that an obHgation to make restitution may arise tVoiii an action wliich causes (lamao'o?
There must ])v thcolojj;ical fauU, the damage n\\\<\ he really and objectively unjust, tlie action nuist be the cause, not merely the occasion, of the damage.'
2. \Miat if a confessor has improperly imposed the obligation of maldng restitution, or improperly exonerated a penitent from it.
If this was done without grave theological fault, the confessor will lie bound to correct his mistake and prevent harm coming from it as far as he can. If his action involved grave fault on his part, either through grave neghgence or mahce, he becomes a co-operator in injustice, and is bound to make good the harm done to liis ])cnitent or to a third person by his wrong conduct. -
3. The case. Caius' principle is certainly false, and will be the cause of his doing serious harm if he continues to apply it in ])ractice. Still in the case before us it did not cause him to go astray. Peter and Paul inadvertently threw lighted matches among James' hay, and after they had left the spot they looked back and saw that a small fire had been kindled. The one who had caused tlie fire was bound in justice to do his best to ])ut it out, otherwise he would be compelled to make good the damag'\ But they did not know who had caused the fire: it was uncertain whether it was caused by Peter, or by Paul, or by both of them. On account of this doubt ncitliei- of them can
1 Manual of Moral Theology, vol. ii, 408 ff.
2 Ibid., 226 f.
218 CASES OF CONSCIENCE
be compelled to make good the damage done, although both committed sins against charity by their ill-will against James and by neglecting to extinguish the fire at first. The damage done to James' health was not foreseen, nor was the expense foreseen which he incurred on that account, and so no obligation to make restitution could arise on this oTound.
28 REQUISITE KNOWLEDGE IN THE CONFESSOR
Paulus sacerdos per })liu('s annos stiidium theologise moralis fere omiiino praetermisit. Aliquoties quidem instante collatioiie theologica ut nonniliil habeat quod dicat auctorcs ciirsim porhistrat, excepto forte cum sibi contingit casum proponore. (^uoad casus communiter occurrontes nescit utrum solutioncm semper sciat; et quoad casus difficiliores suspicioiiem iion levem habet se vix satis scire ad dubitandum de solutionibus. Si forte casus occurrerint investigationem exigentes detexit res magni momenti oblitas de impedimentis matrimonii, de coiiditionibus coiitractuum prsesertim venditionis et emptioiiis, atque de radicibus restitutionis. Caius con- fessai'ius cui Paulus ha^c omnia aperit absolutionem denegat, nisi, uti docet S. Alphonsus, promittat se studium illud nunquam intermissurum. Quaeritur:
1. Quaenam scientia sub gravi in confessario requiratur?
2. An possit confessarius post plures annos satis memoriai fidere de scientia theologia) olim in seminario acquisita, quin tamen ilia per studium refricetur?
3. Quid de casu?
(Ex casibus dioecesis Liverpolitana^ pro ainiis 1898- 1899.)
219
220 CASES OF CONSCIENCE
Solution
1. What knowledge must the confessor have sub gravis The confessor must know how to administer the sacra- ment of penance vaHdly, and he must have the knowledge required to give a prudent judgment in this tribunal. For this purpose he must know: " Quae sint mortalia, quse venialia, saltern ex genere suo; species et circum- stantias necessario explicandas; spectantia ad restitu- tionem bonorum et famse; casus reservatos et excommu- nicationes saltem communiores; censuras et irregularitates communiores; requisita in pcenitente ad bonam disposi- tionem; remedia peccatorum opportuna. Satis est si confessarius intelligat quse frequentius accidunt et de aliis sciat dubitare." ^
2. Can a confessor after many years trust his memory about what he learned in the seminary without refreshing it by study?
No, he certainly can not do so. Daily experience teaches most men how readily things once known drop out of memory, and most priests know how easy it is to forget the principles of moral theology unless they are kept fresh by constant study.
3. The case. Caius, the confessor of Paul, who also was a priest, was quite right to threaten the withholding of absolution from him unless he promised to keep up the study of moral theology. It is clear from the case that he was deficient in that knowledge which theologians require sub gravi in a confessor. He was not sure about the right solution of ordinary cases, and he had grave suspi-
1 St. Alphonsus, Theol. Moral, lib. vi, n. 627.
REQUISITE KNOWLEDGE IN THE CONFESSOR 221
cions that he did not know enough to doubt more about difficult cases. Occasionally, when lie found it necessary to look into matters, he found that he had forgotten things of great importance about the impediments of marriage, the conditions of contracts, especially of sale, and the roots of restitution. All these are indeed matters of importance, and of frequent occurrence, and Paul should lose no time before refreshing his memory about them; otherwise he will not escape serious sin.
29
THE SEAL NOT BROKEN
TiTius confessarius alumnorum in quodam collegio Catholico quum ex confessione scivisset quemdam puerum pravis moribus imbutum alios ad gravia peccata pertra- here, eorumdem Praefectum admonuit ut diligentius super gTegem ipsi commissum invigilaret. Prsefectus vero etiam sacerdos nee prorsus peregrinus in tlieologia morali dubitabat niim sibi uti notitia data liceret. Unde quseritur:
1. Ad quid obliget secretum sigilli et qua lege statuatur?
2. Num uti liceat scientia habita ex confessione?
3. Num superioribus liceat uti dicta scientia in externa gubernatione?
4. Quid ad casum?
Solution
1. To what does the secret of the seal bind and by what law?
By divine, natural, and positive law the confessor is bound to say or do nothing which could make known any sin, or circumstance connected with sin, confessed to him, or which would cause the penitent reasonable dis- pleasure, or make confession more burdensome than it is.^
2. Is it allowed to make use of knowledge gained from confession?
1 Manual of Moral Theology, vol. ii, 231. 222
THE SEAL NOT BROKEN 223
Of course, such knowleclge must not be so used as to violate the seal. Otherwise the confessor may use knowl- edge gained from confession to con-ect his own faults, to preach and to hear confessions witli moic fiuit, to treat his penitents and others witli greater kindness. i
3. May Superiors use knowledge gained from confession for the government of their subjects?
No, this may not be done, as it would make confession odious, and cause disj^leasure to penitents. The con- trary opinion was virtually condemned by a decree of Clement \1II, May 26, 1593, and another of the Holy Office, Nov. 18, 1082, and it is now obsolete.^
4. The case. Titius, of course, was not justified in doing what he did if any suspicion was likely to fall on the culprit in conse({uence of what he said. If what he said to the prefect would betray neither the delinquent nor anything that had been told liim in confession, it would seem that Titius was not to blame, and that the prefect may follow his admonition without scruple. St. Al])lionsus says: " Communiter tamen admittunt posse confessaiium uti notitia confessionis ad se cautiorcm reddendum in re familiari, ad socordiam cxcutiendam, ad diligentius invig- ilandum super gregem suum, modo nulla detur aliis suspi- cio peccati, netjue ex hoc paniitens gravetur, vel implicite redarguatur. . . ex D. Thoma in IV, d. XXI, q. 3, a. 1, q. 3 ad 1, ubi ait: 'Potest (confessarius) dicere pra^lato quod diligentius invigilet super gregem suum, ita tamen quod non dicat aliquitl per (juod verlx) vel nutu confiten- tem prodat.' " '^
> Manual of Moral Theology, vol. ii, 232.
2 Ibid., 232.
* St. Alphoiisus, Thcol. Moral., lib. vi, G57.
30
CONFESSION WITH UNEXPECTED RESULTS
Caius et Tullia, jam ab aliquibus mensibus sponsati, ad confitendum Titio sacerdoti, qui sedebat in confessionali ligneo in Ecclesia exposito, Caius ab hac parte Tullia ab ilia simul iverunt. Primus incepit Caius qui quidem se accusavit inter alia fornicationis pluries admissse cum variis feminis. Totam Caii confessionem audivit non modo Titius sed etiam Tullia, quippe quum foramen relictum esset apertum ex utraque parte confessionalis. Post absolutionem datam Caio Titius se convertit ad Tulliam, quae primo explicat se fuisse quidem Caio spon- satam, nullo tamen modo post audita velle ei nubere, quinimmo odium contra eum concepisse asserit. Unde quaeritur :
1. Qusenam justae causae resiliendi a sponsalibus admitti possint?
2. Quatenus et qua lege prohibeatur usus scientiae acquisitae ex confessione sacramentali?
3. Quid ad casum?
Solution
1. What just causes for breaking off an engagement to marry may be admitted?
An engagement to marry may be broken ofT by mutual consent, by the happening of an event wliich would liave
224
CONFESSION WITH i'NEXI'ECTElJ RESULTS 225
prevented the engagement if it had liappened before it, by entering into a Religious Order or by taking sacred Orders, and b\- tlic Pope for good reason. ^
2. This question was answered above, p. 222.
3. The ease. TulUa of course did wrong in Hstening to the confession of her bctrotiied. She should have gone out of the confessional or called the attention of the priest to tlic fact tliat the grating was not closed. Having heard the confession, she is 'per se bound like the con- fessor not to allow the knowledge which she has gained to influence her conduct. She probably does not know this, and certainly she does not seem able to control her feelings. Women were never intended to be confessors. Caius will hear immediately of what has happened, and he will probably be content to release Tullia from her engagement, as under the circumstances the marriage could hardly turn out well.
1 Manual of Moral Theology, vol. ii, 260 f.
31
UNLAWFUL USE OF CONFESSIONAL IVL^TTER
Caius saccrdos post confessionein Titio sacerdoti factam rogat lit ruin recto in sequentibus casibus fecisset. Caius curam gerit orphanorum iitriiisquc sexus et rogatus ut mitteret piierum quindecim annorum ad officiiim quoddam suscipiendum selegit quemdam pra\as moribus imbutum qui ceteros corrumpebat ut ex confessionibus sciebart, aptum, tamen ad officium gerendum ({uamvis alii seque apti essent, apud se dicens absentiam pueri ipsi et ceteris orphanis profuturam. A sacerdote coadjutore rogabatur ut niitteret puellam sexdecim annorum quae famularetur viro conjugate et Catholico, qui tamen ut Caius ex ejus confessionibus cognoscebat omnes juvenes famulas cor- rumpere solebat. Negabat se id facere posse, quamvis plures essent locc idonese. Quseritur:
1. Quid sit et unde oriatur secretum sigilli?
2. Quomodo violetur secretum sigilli?
3. Quale peccatum committat sigillum violans?
4. Quid a Titio respondendum?
Solution
The first question was answered above, p. 222.
2. How is the seal of confession violated?
The seal may be violated either directly or indirectly. It is violated directly when the confessor says that such a penitent told him such a sin in confession. It is violated indirectly when the confessor says or does anything, or
226
L\\ LAWFUL USE OF CONFESSIONAL MATTER 227
abstains from saying or doing anything, from which others may come to the Ivnowiedge of confessional matter, or by whicli the j)enitent may be aggi'ieved or confession made odious."
3. What sort of a sin is it to violate the seal?
It is a grave sacrilege against justice and chai-ity, nor does direct violation admit of light matter although iiidiroct violation does wlicii the danger of revelation of confessional matter is slight and remote. 2
4. What >hould Titius answer?
Titius should tell Caius that he was not justified in mak- ing use of knowledge gained in the confessional to guide liini in his treatment of the orphans. In neither case, it is true, did Caius make known anything that he had heard in the confessional, but it might happen that in such a case as the first the penitent would be aggrieved by being sent away from the orphanage, and if it were known that sucli use was made of tlie confessional it would make confession more difficult and odious. This test seems decisive: What would be the effect on penitents if they knew that the confessor used knowledge gained from confession in the manner indicated in the first case? If it were taught that such use of knowledge gained in the confessional is lawful, the duty of confession would cer- tainly be made more difficult, and this is a proof that such action is a violation of the seal. In the second case the confessor's action tends ol)\iously to the displeasm'e and disadvantage of the pcnit(>nt. He should have tried to correct his penitent's morals, and thus safeguard the virtue of his orphans.
' Manual of Moral Theology, vol. ii, 231. ' Ibid., 229.
32
A USELESS DEVICE
Caius et Paulus sacerdotes eidem missioni inserviunt. Venit ad confitendum Caio poenitens qiiidam qui hactenus Paulo est confessus. Difficultates haud leves Caius sentit de confessionibus dicti poenitentis et de modo convenienti cumdem tractandi. Quum vero Caius non possit extra confcssionem cum Paulo de poenitentis casu colloqui ob sigillum sacramentale, aperit eidem in confessione post propria peccata confessa suas difficultates de casu dicto, et Pauli consilium petit. Unde quseritur:
1. Quaenam sit et unde oriatur obligatio sigilli con- fessionis?
2. Quibus modis violari possit?
3. Quale peccatum sit violatio sigilli?
4. Num unquam liceat uti scientia habita ex con- fess one?
5. Quid ad casum?
Solution
The first question is answered above, p. 222, the second, p. 226, the third, p. 227, the fourth, p. 223.
5. The case. As Paulus would recognize the case at once, Caius w^as not at liberty to consult him either out of confession or in confession. The fact that Caius had made his confession did not give him permission to commu-
228
A USELESS DEVICE 229
nicate to Paulus what he had heard in confession when Paukis would at once recognize who the penitent was. Tlie seal is broken when two confessors speak together of the sins of a penitent of both of tlioiu.i Caius should have waited till he could consult some one who would not know the penitent.
» Manual of Moral Theology, vol. ii, 232.
I
ORDERS
1
ANGLICAN ORDINATIONS
Caius receiitcr ad fidem Catholicam coiiversus et (lui ssepe amicis haereticis rationcm fidei reddcrc tenetur rogat confcssarium (juid sit respondendum difficultati proposita} recenter contra Bullam Apostolicce curce. (^uidam enim in Contemporary Review, Dec. ' 1896, ita scripsit: '' The theological argument is very nebulous. Its defenders are not sure of its meaning. As every one knows, the English ordinations are declared invalid on account of defective form and intention. A Fi-ench writer has shown that the defect of intention is inferred from the use of a defective form. But English critics of the Bull have shown that what is lacking in our form is lacking also in other forms which are recognized as valid by the Roman Church; indeed in the ancient Roman form itself. Father Bernard Vaughan replies hotly that the fault is attributed not to the form in itself, but to the employment of the form in a new and defect i^'{> sense. That is to say, the defect of form results from a defective intention. The two arguments combined will make an excellent circle." P. 79G. I'nde (iua>iitur:
1. Quid sit sacramentuni. ct (juid ess(>ntialitt'r i-('i|uiratur ad ejus valorem?
231
232 CASES OF CONSCIENCE
2. Qualis inutatio sufficiat ad iiivalidandum materiam V(^l forinain sacramoiiti?
3. Quomodo Bulla Apo-sloliav curce demonstret ordi- nationes Anglicanas esse invalidas?
4. Quid respondendum l)reviter Caio?
Solution
1. "\Miat is a sacrament and what is essential to its validity?
A sacrament is an outward sign of inward grace ordained by Clirist for the sanctification and salvation of our souls. Three things are necessary for the validity of a sacrament : the matter, the form, and the minister who makes the sacrament with the intention of doing what the Church does.i
2. What sort of a change is sufficient to invalidate the matter or form of a sacrament?
If a substantial change be made in the matter or form of a sacrament, the sacrament is destroyed. The matter will be substantially changed if in the estimation of ordi- nary men it is no longer the same, but something else. The form will be substantially changed if the sense is no longer the same.-
3. How does the Bull ApostoUcru cimc show that Angli- can ordinations are invalid?
By appealing to precedent and l)y showing that the form and intention expressed in the Anglican Ordinal are essentially defective. From the time of the legation of Cardinal Pole to England, Orders confeiTcd according
' Manual of Moral Theology, vol. ii, 21. 2 Ibid., 22.
ANGLICAN ORDINATIONS 233
to the Anglican Ordinal have always been considered invalid by Rome; all ix'ferences to the power of con- secrating the Eucharist and offering- ui) the Sacrifice of tlie Mass were excised from the ordination rite, thus showing a want of intention to ordain true jiriests.
4. A brief answer to Caius. The theological argument of the Bull is clear, and Catholics have no difficulty about its meaning. The defect of intention is not inferred from the defective form, but it is clearly expressed in the changes made in the form for the purpose of cutting out all ref- erences to a sacrificing priesthood, which the reformers rejected. There is a gi'eat difference between a form which has been altered with the intention of excluding all express references to a sacrificing pi-ioslhood, and a form w^hich has not been so altered. The Bull shows that the Anglican Ordinal belongs to the fu-st class, and that thus it has been rendered invalid, whatever might be said of its sufficiency in itself. From this it is clear what the Bull means by defective form and intention, and that it does not argue in a circle.
2
A PRIEST'S SUPPORT
TiTius missionis Rector quum tempore perturbationis politic2e pensionem debitam non reciperet, missionem cui praefectus erat deseruit, eo quod nemo gratis laborare tenetur, licet confessarius renuerit dicendo: Innocentes eves lupo a pastore tradi non debere. Tunc episcopus quum supervacaneam dedisset operam ut Titius ad mis- sionem rediret, in \artute sanctse obedientise sacerdotem animarum curam non habentem fugientis Rectoris vices gerere j ussit ; sed is quoque obedire renuit . Hinc quaeitur :
1. Num sacerdotes seculares habeant jus ad sustenta- tionem accipiendam?
2. An residentiam deserere possit curatus ex eo quod pensionem debitam non percipiat?
3. Qua^nam sit vis juramenti Apostolici ab Anglise presbyteris communiter emissi?
4. Quid de sacerdotibus in casu?
Casus fuit propositus in dicpcesi Nor than toniensi, 1901?
Solution
1. Have secular priests a right to their decent support?
Yes, the Church forbids any one to be promoted to sacred Orders without a title, i.e., a provision for his decent support. If a bishop culpably ordains a priest without
234
A PRIEST'S SUPPORT 235
a title, the bishop is bound to provide for his support until he can provide for himself. ^
2. Can one who has the cure of souls al)andon his charge because he does not receive tlie ])ensi()n whicli is due to him?
I will answer in the words of Gasparri: " Recepto autem presbyteratu sacerdos ita dioecesi ad quam per- tinet incardinatur, ut discedere nequeat sine licentia, seu sine litteris, ut aiunt, excardinationis sui Episcopi. Episcopus potest discedendi licentiam denegare, dummodo sacerdoti congruam assignet. Quod si episcopus et licen- tiam deneget et congruam nequeat aut nolit assignare, sacerdos non ideo potest sua voluntate discedere, sed recursum habet ad Sacram Congregationem. Disceden- tem sine sua vel S. C. licentia episcopus revocare potest etiam per censuras, etiamsi sacerdos beneficium residentiale in alia dioecesi obtinuisset. Hac doctrina certissima est eamque ssepius tradidit S. C." (De Sac. Ordin., n. 860).
3. What is the force of the Mission oath commonly taken by English priests?
By the terms of the Mission oath the cleric swears that he will not enter into any Religious Order after he is promoted to sacred Orders without special leave of the Holy See. He fui-ther swears that he will w^ork for the salvation of souls in the diocese for which he is ordained, under the authority of the bishop. The formula of the oath is given in Concilia Westmon., p. 385.
4. The case. Titius should not have abandonetl his post. He should have applied to the bishop whose duty it was to try to make provision for the decent support of Titius, and if this could not be done, to remove him to
' Gasparri, De Sacra Ordin., n. 012.
236 CASES OF CONSCIENCE
another post. Even if the bishop improperly refused to do anything for him, Titius should not have left the place, but should have appealed to Rome. The other priest on being ordered by his bishop to fill the vacancy was bound to obey, and he sinned in not obeying; but he also had a claim on the diocese for his decent support if he had no other title.
EXTREME UNCTION
REPETITION OF EXTREME UNCTION
Caius missionarius tempore Paschatis invisit vicum quemdam ab ecclesia quinque vel sex millia passuum dis- tantcm ubi degunt aliqui Catholici. Ibi occurrit familia) Catholicae antea ignota^ cujus membra imnquam vel ob distantiam vel ob negligentiam ad ecclesiam veniunt. Materfamilias quadraginta fortasse annorum evidenter phthisi laborat quamvis non decumbit, imo ordinariis oecupationibus vacat. Qua; quum dicat se non posse ob occupationes domesticas ad ecclesiam venire, earn monet Caius ut proximo mane sit domi parata ad Paschalia sacramenta recipienda; cui annuenti ipse mature proximo die poenitentiam, communionem, et Extremam Unctionem, successive administrat. Post octo menses ad oamdem mulierem jam niorientem vocatur, (luani cum invenit sensibus destitutam et in i])so mortis articulo, sine mora inungit iterum in fronte sub forma generali, et paulo post mulier expirat. Unde qua?ritur:
1. Quinam sit subjectum Extrema? Unctionis?
2. Num Extrema Unctio repeti in eadem infirmitate possit?
3. Quid de modo agendi Caii in omnilxis?
237
238 CASES OF CONSCIENCE
SOLUTIOX
1. Who is the subject of Extreme Unction?
To receive Extreme Unction validly one must be baptized, liave attained the use of reason, and must be in probable danger of death from sickness.^
2. May Extreme Unction be repeated during the same sickness?
The Ritual lays down that this sacrament ought not to be repeated in the same sickness, unless it is prolonged, as when the sick man has got better and he is again brought into the danger of death. Many approved authors hold that in practice it may be repeated after a month's interval .^
3. \Miat about the actions of Caius?
Caius found a mother of a family who never came to church, partly on account of distance, partly on account of negligence. She was now far advanced in consumption, but still attending to her household duties. He told her to prepare herself to make her Easter next morning, and then came again to the house and administered Penance, the Eucharist, and Extreme Unction. There is little difficulty about the administration of Penance. It is forbidden to take Holy Communion out of the Church except to the sick. The woman in question was appar- ently sufficiently ill for Easter Communion to be brought to her. Extreme Unction should not be given except to the sick who are in danger of death. If Caius judged that the woman was probably in danger, he did right to administer Extreme Unction, otherwise he did wrong.
' Manual of Moral Theology, vol. ii, 238. 2 Ibid., 238.
REPETITION OF EXTREME UNCTION 239
Eight months at'tcrward Cuius was called to the same woman and found her dying in a state of unconsciousness. He anointed her on tlie foreliead with the general form, and then she died. Caius sliould first of all have given her conditional absolution, for Penance should always precede Extreme Unction, as this sacrament is the com- plement of Penance. He did right after such an interval to repeat Extreme Unction, for although the sickness was the same, still without doubt there had been a change in the sick person's state. ^
1 Genicot, vol. ii, n. 423.
SHORT FORM FOR EXTREME UNCTION
Sanctum OfRcium rogatum iit formam brevem deter- minaret pro extrema unctione in necessitate administranda, 26 Aprilis 1906, decrevit: " In casu vera? necessitatis sufficere formam: Per istam sanctam luietionem indulgeat tibi Dominus quidquid deliquisti. Amen." Post quod decretum quidam docent in casibus in quibus forma ista adhibeatiir jjostea sub conditione si tempus permittat juxta formam ritualem unctionem esse repetendam; alii id posse fieri nullam vero adesse obligationem idem faciendi; alii id fieri non debere sustinent. Titius vero sacerdos qui quum nosocomio publico inserviat non raro brevem formam adhibeat pcrplexus inquirit quid a se sit facien- dum. Unde quseritur:
1. Ante dictum decretum editum quid de forma essen- tiali extremse unctionis docuerint theologi?
2. Quid et quacum certitudine idem decretum deter- minaverit?
3. Quid ad casum?
Solution
Before the decree of the Holy Office, 26 April, 1906, what did theologians teach about the essential form of Extreme Unction?
The ritual form of Extreme Unction is: " Per istam sanctam unctionem et suam piissimam misericordiam
240
SHORT FORM FOR EXTREME UNCTION 241
iiidulgcat til)i Dominus (luidciuid per visum, etc., deli- (|iiisti. Amen." TJieologians taught that in this form tlic words ct suam piissimam misericordiam, sanctam Amen, did not belong- to its essence. They did not agree as to whotlier the nicnlioii of Ihc senses in special or at least general terms belonged to its essence. They differed also as to whether a single anointing was sufficient or not for the validity of the sacrament. Hence they taught that in a case of necessity Extreme Unction might be given conditionally with one form such as: Indulgeat tihi Deus quidquid per sensiis deliquisti. Others required all the senses to be expressed in the single form. If the sick man survived, St. Alphonsus teaches that the anointing of each sense and the prayers were to be supplied.'
2. AMiat did the decree determine and with what certainty?
The Holy Office was asked to determine a single short form for the administration of Extreme Unction to be used in case of death being imminent. It decided that the following form would be sufficient: " In casu verse neces- sitatis sufficere formam: Per istam sanctam unctionem indulgeat tibi Dominus quid(|uid deliquisti. Amen." This decree was confirmed next day by Pius X. Hence it determines authentically but not infallibly that in case of necessity it is not necessary to mention the different senses nor even one, and that one anointing under this general form is sufficient for the validity of the sacrament.
3. The case. This decree tells us what is sufficient for the validity of Extreme Unction in casu veroe neces- sitatis, when there is not time to jK'rform the full rite according to the Ritual. If the sick })orson thus anointed
* St. Alphonsus, Thcol. Moral., lib. vi, ii. 710.
242 CASES OF CONSCIENCE
Burvives, and there is time to go through the Ritual form and prayers, then the case is one not contemplated in the decree. We think, then, that the first opinion mentioned is to be followed in practice, and that if time allows and the state of the sick person permits it, the sacrament should be given according to the form prescribed by the Ritual after this short form has been used. This is the opinion of the Redactor of the Acta Sanctae Sedis when the decree was issued. He says: " Sed cessante periculo praesertim si aegrotus alia sacramenta secure suscipere non potuit, sub conditione repetendse sunt singulae unctiones in singulis sensibus, sub suis particularibus formis, atque addendae simul sunt omnes orationes omissse. Quae norma apprime congruit prsescriptionibus Ritualis Romani, et quatenus melior fiat dispositio suscipientis sacramentum, ad majus gratiae augmentum obtinendum concurrit." (A. S. S., XXXIX, 275.)
MATRIMONY
INFORMAL lii:TROTHAL
TiTius missionarius saccrdos vult scire utruni x'l dccrcti Ne temere S. C. C, Aug. 2, 1907, promissio matrimonii mutua, scria, et deliberata, inter habiles, non tamen in scriptis, sit nullius momenti, an potius iionobstante decreto vim contractus privati sub gravi in conscientia obligatorii habeat. Pra3terea rogat utrum sub parochi nomine in citato decreto comprehendantur non solum sacerdotes principales in ali(iua missione sed ct eorum coadjutores si qui habeantur. Unde quseritur:
1. Quinam sit scopus decreti Ne temere?
2. Quid statuat istud decretum circa sponsalia?
3. Qualem potestatem habeant missionarii in Anglia coadjutores?
4. Quid dc difficultatil)us Titii?
Solution
1. What is the scope of the decree Ne temere?
The scope of this decree was to alter the law about clandestinity so as to remove its uncertainties as far as possible, and to prevent the e\'ils which fretjuently arise from private and informal betrothals. (Prooemio decreti Ne temere.)
243
244 CASES OF CONSCIENCE
2. What does the decree lay down about betrothal?
" Only those betrothals are considered valid and pro- duce canonical effects whicli have been contracted in writing signed by both the parties and by either the parish priest or the ordinary of the place or at least by two wit- nesses. In case one or both the parties be unable to write, this fact is to be noted in the document and another wit- ness is to be added who will sign the writing as alcove, with the parish priest or the ordinary of the place or the two witnesses" (Sect. 1).
3. Wliat authority have coadjutor missioners in England? They are delegated by the bishop to exercise the cure
of souls, but according to the Provincial Councils and the declared intention of the bishops, they must exercise it in dependence on the head priest.^
4. What about the difficulties of Titius?
One of the objects of the new law was to prevent the inconveniences arising from mutual promises of marriage privately entered upon. For as the decree says: " Experi- ence shows that they are an incitement to sin, causing the deception of inexperienced girls, and afterward giving rise to inextricable dissensions and disputes." The first section of Ne temere, therefore, provides that " only those," etc., as above. This section would be valueless for the object in view unless it invalidated betrothals made otherwise than is laid down. So that we must conclude that betrothal not made according to the decree has no binding force directly and of itself. The S. C. super neg. eccles. extraord., 5 Nov. 1902, decided that informal betrothals were invalid in conscience and in law in Spain and in Latin America, where a similar law
1 Manual of Moral Theology, vol. i, 630.
INFORMAL BETROTHAL 245
to Ne temerc has long been in force. Tliis doctrine is maintained by most (•onmicntators, e.(j., by Gennari, Ojetti, Vermeersch, Ferreres, Besson.
The term parisli priest comprises the coadjutors as well as the head priest, l)ut the former are l)idden to exercise their authority in dependence on the head priest; cum dependentia a Redore.
AN ACTION FOR BREACH OF PROMISE
TiTius familise divitis filius matrimonium serio sed verbis ct litteris amatoriis tantum Catharinse honestse puellae promisit. Per duos annos Catharina eum admisit ad familiaritatem inter sponsos consuetam, quum ejus amor refrigescere inciperet ac post aliquot menses matri- monium cum Bertha multo Catharina ditiore contraxit. Catharina rehcta vix spem aut desiderium alterius sponsi habet at confessarium rogat utrum tuto in conscientia actionem contra Titium de promissione fracta intentare valeat quum non ahter habeat unde honeste sustentetur. Unde qua^ritur:
1. Quid requiratur ut sponsaHa sint vahda?
2. Num ex sponsalibus informibus ulla obligatio oriatur?
3. Siquod jus ex sponsaHbus informibus oriatur num illud prosequi in curia civih Hceat?
4. Quid ad casum?
Solution
1. What is required for vahd betrothal?
The decree Ne temere lays down that: " Only those are considered valid and produce canonical effects which have been contracted in writing signed by both the parties and by either the parish priest or the ordinary of the place, or at least by two witnesses."
246
AN ACTIOS OF BREACH OF PROMISE 247
The second (lucstion was answered al)Ove, p. 214.
But here it must be l)orne in mind that although no obligation arises directly from informal betrothal in itself, yet obligations do arise indirectly from such betrothal wlien tliey are tlu* cause of serious injury to another. There is always an obligation in justice to make repara- tion for wilfuj and culpable injustice done to another.
3. If any right arises from informal betrothal may an action be brought in the civil courts?
Per sc questions about marriage and betrothal belong to the ecclesiastical courts. But in countries like England and the T'nited States where no legal force is recognized in ecclesiastical sentences of tlie Catholic Chiu'ch, certain cases may be brought into the civil courts which would otherwise have to be tried in the ecclesiastical courts.^ In cases especially where the injury is not doubtful, and the only practical (lucstion is one oi damages claimed f(jr the injury, there seems no objection against appljang to the civil courts.
4. Tlie case. Catherine has a right to damages for the cruel decei)tion that was practised on her, and for the ruin of lier prospects, although the betrothal was not valid in itself. English law gives her a right of action in such, a case, and the Church certainh' does not wish to deprive her of it. Her confessor, therefore, may tell her that slie is perfectly justified in suing Titius for damages for breach of promise in the civil court.
1 Manual of Moral TheoloRV, vol. ii, 282.
A PROMISE COXFIRxMED BY OATH
TiTius Catliolic'us familiaritatem cum Titia pariter Catholica contraxit. Quodam die tentatione victus Titius inducere Titiam atl pcccandum secum voluit. Resis- tenti Titise promisit etiam sub juramcnto se postea earn in uxorem ducturum, quibus auditis Titia in fornicationem consensit. Post aliquot menses pra?gnans effecta Titia impletionem promissionis juratse urgere inca^pit; quum vero Titius nunc melius ejus dispositionem cognoseat nee propter ejus asperitatem spem ullam de \dta maritali cum ea felici habeat, quum etiam amor suus refrixisset, quserit a confessario utrum promissioni juratse stare teneatur. Unde quseritur:
1. Num obligent sponsalia jurata quamvis non scripta?
2. Ad quid et quomodo sponsalia obligent?
3. Quomodo sponsalia dissolvantur?
4. Quid ad casum?
Solution
1. Does a sworn promise to marry bind when it is not in writing?
An un-wTitten promise to marry is made null and void by the decree Ne temere, and what is invalid can not be made valid and obligatory by adding an oath — accessorium Sequitur principale.
248
A PROMISE COM- Hi mi: I) HY OATH 24!)
2. To what aiul how docs iK'Uolhul hind?
Vahd hotrothal hhids tlic parties by a serious obhsation of justice to fulfil the contract at the time fixed, or if no time was fixed, then at a reasonable time.^
3 Plow is betrothal dissolved?
Betrothal may l)e dissolved l)y mutual agreement of the betrothed, b}- the happening or detecting of a circum- stance of importance by one of tlie ])arties whicli would have prevented him from making the engagement if it had happened or been known before, by embracing a more perfect state of life, by a dispensation of the Pope for good reason. 2
4. The case. Neither the promise made by Titius nor the oath wliich he took are valid or obligatory in themselves. It was a lurpis contractus, and moreover it was not in writing, and so it was invalid by the decree Ne temere. The oath as being accessory was also invalid. However, Titius by an invalid promise lias induced Titia, who otherwise was unwilling, to conunit sin with him, and she is now pregnant. She ^^^ll be injured for life unless he marries her. He will be justified in offering her money and trying by other means to induce her to free him from his obligation to prevent harm following to her from his action. But if nothing but marriage will satisfy her and safeguard her reputation, Titius will be bountl to marry liei\ unless indeed incompatibility of temper makes a lui])p>' marriage utterly hopeless.-^
' Manual of Moral Theology, vol. ii, 256.
2 Ibid., 2G0.
* Bucceroni vol. ii, n. 9'2().
DEBTS OF BETROTHED
TiTiA vidua qiiJE promiserat se Paulo nupturam ad eonfessariuni accessit eumque rogavit utrum manifestare sponso teneatur se debitis ad ducentas libras sterlinas esse oneratam nee habere unde solvat, timebat enim ne Paulus quum de debitis autliret a s]X)nsalibus resiliret. Unde quaeritur:
1. Quaenam ex sponsalibus oriantur inter sponsos obligatione.s?
2. Num sponsa sponso defectus manifestare teneatur?
3. Qusenam ex lege Anglica sint (juoad del)ita uxoris obligationes mariti?
4. (^uid ad casuni-?
Solution
1. ^Yhixt obligations between the laetrothed arise from betrothal?
They are bound in justice to keep their engagement and to marry at the time agreed on, or within a reasonable time; tliey are bound to live chastely; one party may not go and live at a distance so that intercourse becomes imjjossible witliout the knowledge and consent of the other.'
1 Manual of Moral Theology, vol. ii, 256 ff. 250
DEBTS OF iii:'i'ii'(i'riii:i) 251
2. Is one who is botrotliod bound to inuko known to the other party any defect he lias?
li" one party labors under ii secret defect which will be injurious to the othci- i)arty after marriage, such secret defect should be made known to the other ixirty. Other- wise, there will be no obligation to make it known, even though it would give the other \rAr\y a jiuht to break off the engagement if he should discover it.^
3. Is the husband liable I'or the debts of his wife?
A husband is liable tor debts contracted by his wife as his agent for the supply of necessaries for herself and children; he is also liable for her torts committed during the covertiu'e. At common law a husband was also liable u])on his wife's contracts made before marriage, but by the Married Women's Property Act, 1882, the hus- band " sued jointly with his wife in respect of a cause of action arising against her before the marriage, is liable only to the extent of such assets as he received oi' might (but for his own default) have received wdth her; and if he received none, then he will have his costs of defence, and the judgment foi- the debt or damages will be separate against the wife, and may be satisfied out of the wife's separate estate, if she has any." ^ _
4. The case. If the husband were liable for his wife's ante-nuptial debts, Titia should make known her indebt- edness to Paul before the marriage, otherwise he will suffer serious injury and probable estrangement from her. I^ven as English law stands at present it will be advisable for Titia to tell her future husband what he will be pretty sure to find out for himself either before^ or after marriage. As
» Mamuil of Moral Tlicology, vol. ii, 2G2. ^ Stephen's Commentaries, vol. ii, ;^77.
252 CASES OF CONSCIENCE
in the circumstances Paul would not be held liable for Titia's debt of £200, there is the less reason why he should not be told, although she is under no strict obligation to tell him.
MATERXIT^' I.MPOSSIBLE
Patricius semel et itcjuni pctiit a Birgitta ut sibi imbere vellet; Birgitta licet intciiiis minimc invita nun- quam quidem directum dedit rcsponsum, ita vero se gessit ut vulgo liaberetur pro desponsata. Accidit autem ut Birgitta graviter aegra cogcrctur petere nosoconiiuni, ubi suadentibus medicis subiil operatioiiem ncscio fiuaiii chirurgicam undc mox convaluit. Exeunti ex nosocomio obviam fit Patricius (jui narrat sua ncgotia feliciter suc- cessisse nee jam opus esse ut nuptiaD amplius differantur modo velit Birgitta diem assigiiare Simul traditur Birgitta) epistola a iiosocomii moderatrice jussu medi- corum conscripta ubi ha?c habentur: " Animo retinere debes, carissima, post istam o])orationem impossibile esse ut unquam mater fias." I^irgitta prudenter se excusat quin statimrespoiisuni (let Patricio et coiisulit confessariuiii de tota re. Quseritur:
1. Quid sint sponsalia et num credendum sit extitisse vera sponsalia inter Patricium et Birgittam?
2. Num supponendo Birgittam subiisse ovariotomiam perfectam ipsa effecta sit incapax matrimonii?
3. Num saltem Birgitta teneatur monere Patricium de lectis in epistola?
4. Quid ad casum?
253
254 CASES OF CONSCIENCE
Solution
1. AVhat is l)ctrothal, and were Patrick and Bridget betrothed?
Betrothal is a mutual and lawful promise of future marriage between persons who may marry lawfully. As there was no written agreement between Patrick and Bridget there could be no question about their betrothal if all tliat ])ass('d happened after April 19, 1908. Before that date it would have been doubtful whether there was a true engagement between them.^
2. Was Bridget made incapable of marrying on the supposition that she had undergone complete ovariot- omy?
The question is disputed among experts and at present no certain an- wer can be given to it. When a case arises, it should be referred to the bishop, who will consult the Holy See if he can not decide it himself.
3. Is Bridget at any rate bound to tell Patrick about her conchtion?
She certainly must not attempt to marry him without letting him know what the doctors have told her. The possibility of having children is the primary end of marriage, and if it has been made impossible by a surgical operation, the future husband has a right to know the fact, even on the supposition that valid marriage is still possible.^
4. The case. Whether the events narrated in the case took place before or after Easter, 1908, the confessor should tell his penitent that she should not marry before hearing from the bishop, to whom the case should, be sent.
1 Manual of Moral Theology, vol. ii, 251
2 Ibid., ii, 294.
MATERMTY IMmssi/iLK 2n')
)0
The precise nature and effecl of the operation should I learned if possible from the sur<reons who pcrfoj-nied it, and tlic details should he scut 1o ihc l.ishoj), who in ease of doubt will send tlieni to tlie Holy See, so that a j^i-aetieal decision in the case mav be arrived at.
6
PAREXTS AGAINST MARRIAGE
Caifs juvcnis Catholiciis familise honestse et mediocriter ciivitis, rccenter locum directoris tabulse argentariae obti- nuerat {bank ma7iager). In oppido ubi degebat familiari- tatom contraxit cum Titia, puella Catholica et honestse (luidom conditionis sed valde paupere. Caius et Titia l)revi matrimonium ,sil)i mutuo in scriptis promi.serunt. Quod quum Caii superiore.s audirent sibi rem valde dis- plicere indicaverunt Caii parentibus, quia directorem tali loco matrimonio prsesertim tali conjimgi noluerunt. Parentes ne loco dimitteretur filius eum prohibuerunt quominus matrimonium cum Titia iniret. Caius igitur litteris ad Titiam missis licentiam resiliendi petiit, respon- sum vero sat acerbum ab ejus matre accepit Titiam lac- rimis continuis tabescej-e, ej usque confessarium dicere Caium sub gravi cito ad promissionem implendam teneri. Caius responso accepto ad suum confessarium accessit, qui rogat :
1. Quid sint sponsalia, quodnam jus ])ariant, quandonam implenda sint?
2. Num filiifamilias consulere parentes de matrimonio ineundo teneantur?
3. Num ])ra^ce|3to ])arentum ut sj^onsalia abrumpantur sit obtemperandum?
4. Quid ad casum?
256
PARENTS AGAINST MAURI ACE 257
ROH'TIOX
1. What is lu'trotlial, wliat ri<i;]it docs il pvc, ulicn is it to I)c fulfilhvl?
I^ctrothal is a intilual and Icuitiinatc jti-oiiiisc of future marriage between persons who may niairv lawfuUy. As it is a contract in a serious matter, an engagement io marry gives a right injustice to have tlic contract executed. If the time for execution was fixed, the aj)])ointcd time must be kept; otherwise the marriage must take place within a reasonable tinie.^
2. Arc chihh'en bound to consult their parents with regard to marriage?
Yes, certainly. The marriage of a child is a very important family affair on which depends not only the happiness of the parties immediately concerned, but to some extent the happiness and welfare of the whole family. Th(> ])arents have a riglit to be consulted about so important a family affair.-
3. Arc children bound to obey tluMr })arents when they bid them break off an engagement?
Children are bound to break off an engagement at the bidding of their parents if the parents have good ground for their action. The parents will have good ground when the match is not desirable on account of the character of the other party, and even on account of inferiority in rank if this will l)e \\\v caus(> of grave family dissensions and troubles. Othci'wise children are not IjouiuI to obcv their parents and break off an engagement to which there is no valid object ion. 3
' Manual of Moral Theology, vol. ii, 251 ff . - Ibid., 257. ^ Jbid., 257.
258 CASES OF CONSCIENCE
4. The case. If it would cost Caius a great deal, and seriously interfere with his happiness to give up his betrothed, he would not be bound to obey his parents. He might with a safe conscience elect to be faithful to his engagement, and abide l)y the consequences. However, the question in the case is rather whether he is bound to do this, or whether he may break off the engagement on account of the oi)position of his parents and his em- ployers. He may break it off with a safe conscience. The opposition of his parents to the match is not unreasonable, and he may be guided in the matter by their wishes if he likes. Caius, then, is at liberty to decide for himself whether he will keep to liis engagement or break it ofT.
BANNS
Post oanna proclamata in (luaclam ccclcsia Paulus medicus ad joarochum adiit ciii manifestabat se ccrto utpote medicum familiar scire sponsuni Nvphili ac morbo plithisiaco laborarc noc proindc matrimonium inire debere. Parochus autem diibitabat iitrum propterca matrimonium interdicerc necnc dcborot Undo (nuwitur:
J . C^ualcm obligationcm imponant baima iis (jiii obsta- culum sciant matrimonii?
2. Quid sit sccretum commissum et quandonam obligare desinat?
3. Quid sit Ecclesia? vetitum?
4. (^uid do medico et paroclio in casu?
Solution
1. What obligation do 1)anns impose on those who know of an impediment to a proposed marriage?
Banns impose a grave precept to make known to the parish priest any secret impediment to a marriage that any one may know of. This ])reccpt binds not only in cases of a natural secret, but also in cases of a promised secret, but not of a professional secret except when this ceases to bind.i
1 Manual of Moral Theology, vol. ii, 265. 259
260 CASES OF CONSCIENCE
2. What is a professional secret and when does it cease to bind?
Professional secrets are those which are communicated to another und(>r an exj)ress or implied obligation of secrecy. Such secrets should be made known if this is necessary to avert a public calamity. They may also be made known to avert serious harm which would be done to an innocent party by him whose secret is in ques- tion unless the secret were made known. ^
3. WTiat is the prohibition of the Church?
The prohibition of the Church is one of the prohibitory impediments of marriage, which prevent a marriage being lawfully contracted but do not make it null and void if it is contracted in spite of the prohibition. It is par- ticular if a particular marriage for just cause is forbidden by the parish priest, the bishop, or the Pope. It is gen- eral if it constitutes a law of the Church.^
4. What about the doctor and the parish priest in the case?
The doctor was under the obligation of professional secrecy with regard to the diseases of the bridegroom. It would have been better if in the first instance he had tried to induce the bridegroom to put off the marriage until the syphilis at least was cured. If the bridegroom refused to put off the marriage and refused to acquaint the bride or her father with his state of health, the doctor would be at liberty to tell the secret to any one who could apply a remedy. He would be justified in telHng the parish priest if he thought that the parish priest could do this. The priest should try his best to induce the bridegroom
1 Manual of Moral Theology, vol. i, 471 ff.
2 Ibid., vol. ii, 288.
BANNS 261
to put off the marriage, and if he does not succeed he will be at liberty to communicate what lu; knows to the bride's family. The priest can not refuse to assist at the majriage especially if the bride knows of the objection to it, and nevertheless consents to be married. But they should not use their mai'ital rights till the syi^hilis at least is cured. ^
' Antonelli, Medicina Pastoralis, vol. ii, 416 ff.
AN UNHAPPY MARRIAGE
Anna Anglicana rogabat Titium sacerdotem ut ipsam in Ecclesiam admitteret. Quam dum instruebat Titius detexit earn esse valde infelicem ob frequentia adulteria et crudelitatem mariti qui saepe aperte earn monet de divortio procurando si ipsi placeat, se enim fore contentum quippe qui matrimonium non iniisset iiisi esset solubile quod etiam ante matrimonium eum dixisse Anna recor- datur. Judicat Titius magis profuturum tum animae tum corpori Annse et duorum liberorum si divortium obtinere posset, imo dubitat utrum licite vitam maritalem Anna degat ob dubiam matrimonii validitatem. Unde quseritur:
1. Num petere divortium in curia civili liceat?
2. Num et quando matrimonium ob conditionem annexam invalidum reddi possit?
3. Quid ad casum?
Solution
1. Is it allowed to petition in the civil court for divorce?
If the bishop judge that there is a good reason for asking for a judicial separation in the civil coiu-t this may be done in England and in the United States. If the ecclesiastical court has previously decided that a marriage was null and
262
.l.V IMlAl'l'Y MARRIAGE 263
void, the case may be taken into the civil court to obtain a declaration of nullity in that court also. If the marriage was and remains valid no one can ask for a divorce with the intention of niaj-i-ying again durinu I he lifetime of the iii-st spouse. It is jwobable that in iMiglantl and in the United States a Catholic may petition in the civil court for a divorce with the intention of obtaining the civil effects of divorce, not of niairying again. ^
2. May a marriage be invalid on account of an annexed condition, and when?
If an express condition against the essence of marriage be added to the contract the marriage is null and void for want of consent. For tlie same reason if one of the parties only marri(>s under a tacit condition which is against the essence of marriage, it will also be null and void.-
3. The case. Ami's Anglican husband said hciorQ and after marriage that he would not have married unless he knew that marriage could be dissolved. The marriage, as we must suppose, was contracted in the ordinary way, nothing being said in the act of marriage about these dispositions of the husband. In tlie external forum at least the marriage must be pronounced valid according to the rule laid down by Pius M: "Si vero nulla fuit apposita expressa ejusmodi conditio repugnans sub- stantia' matrimonii, licet contraheiites .u'eiieratini inteiidant contrahere juxta placita secta) aut legis concedentis dissolutionem vinculi con.jugalis, nihilominus matrimo- nium valide contractual censendum erit " (Litt. ad Archiep. Prag. lIJul. 1789).
■ 1 Manual of Moral Theology, vol. ii, 281 fiF. 2 Ibid., 271 f.
2G4 CASES OF CONSCIENCE
The same solution must be given even for the internal forum unless it is certain that at the time of contracting it the husband had no intention of contracting absolutely and lor life'
The only remedy therefore available for Ann would be to petition for judicial separation, or, if there is any special reason for it, for a divorce, with the intention only of benefiting by its ci\dl effects; but such remedies as a rule are rather to be tolerated than suggested by a confessor or parish priest.
^ Genicot, vol. ii, 459.
A DRUNKEN HUSBAND
TiTius ct Titia, Catliolici conjuges, per duos annos vitam sat prosperam degebant. Titius vero tunc socios pravos colere et ebrietati indulgere incepit. Pecuniam non tantum propriam sed uxori minis ac verberibus extor- tam ebrietate dissipabat. Patienter mala ad aliquot menses Titia tolerabat, postea vero ne miseriis obrueretur ipsa cum prole clam aufugit, et in alia regione victum sibi et proli labore mannum (luicrebat. Quam prsedicta in sacro tribunali confitentem Caius sacerdos utrum absolvere posset dubitabat. Unde quseritur:
1. Quid sit divortium plenum et semiplenum?
2. Quas ob causas divortium semipleninn instituere liceat?
3. Num privata auctoritatc fieri liceat divortium semi- plenum?
4. (^viid ad casum?
Solution
1. ^^^lat is divortium plenum and semiplenum? Dissolution of the bond of maj-riage is called divortium
plenum; separation a toro et mensa, or judicial separa- tion, divortium semiplenum.
2. For what reasons may judicial separation be obtained?
265
266 CASES OF CONSCIENCE
By ecclesiastical law perpetual judicial separation may be obtained for adultery, heresy of the other party, and by mutual consent for a good purpose if there is no danger of incontinence. Temporary separation is allowed on account of serious danger to soul or body.^
3. Is this separation allowed by private authority? When adultery is certain, complete, formal, and not
condoned, the innocent party may separate on his private authority. This may be done in the other cases if there is danger in delay. Regularly, and especially if the suf- ficiency or reality of the cause is uncertain, the judgment of the bishop should be invoked.
4. The case. It would liardly be advisable or safe to tell people in the position of Titia that they are free to separate from a drunken and cruel husband. Such a doctrine would probably lead too many to exaggerate their own woes and to think that they were justified in leaving their husbands. Still in the circumstances men- tioned in the case, Caius may absolve Titia without requir- ing her to go back to her husband, or to consult the bishop. Before the fact it might be difficult to countenance such a proceeding as that of Titia, but when she has done it in more or less good faith it may be tolerated by the confessor.2
1 Manual of Moral Theology, vol. ii, 281. ^ G6nicot, vol. ii, n. 258.
10
A LAWYER AND A DIVORCE CASE
. TiTius advocatus Oatholicus rogabatur a Caio pariter Catholico ut divortium in curia civili ci peteret. Invcnerat enim Caius, ut aiebat, certas probationes adulterii suae conjugis, unde merito timebat iic prolem non suam alere teneretur. Titius indutias ad duos vel tres dies petebat ante responsum dandum, ac interim confessarium con- sulebat. Unde quaeritur:
1. Ad (luamnam jurisdietionem pertineant causae de divortio ecclesiasticam an civilem?
2. Num judici Catliolico in curia civili divortium pro- nunciare, advocato Catholico idem petcre liceat?
3. Num omnia SS. Congregationum responsa de hac qusestione sequaliter omnibus regionibus applicari possint?
4. Quid Titio sit respondendum a confessario?
Solution
1. Do divorce cases belong to the ecclesiastical or to the civil authority?
Divorce cases and all other matrimonial causes belong exclusively to the ecclesiastical courts, as Leo XIII taught in his letter Arcanum 10 Feb. 1880. However, in England and in the United States of America, with the leave of the bishop, a Catholic for just cause may petition for
267
268 CASES OF CONSCIENCE
judicial separation and probably even for divorce in the ci\il court. ^
2. May a Catholic judge pass sentence of divorce in a ci\al court, and may a Catholic lawyer petition for it in the same court?
This is a disputed question, and something depends on the country and the law under which the trial takes place. Confining ourselves to England and to the United States, it is probable that for grave reason both may be allowed, though it is better to have nothing to do with such cases as far as possible .^
3. Can all the answers given by the Roman Congrega- tions on tliis question be applied equally to all coun- tries?
No, the circumstances of Cathohc countries, of coun- tries where the majority of the people are Catholics, but where sometimes the government is hostile to the Church, and of most English-speaking countries, are widely dif- ferent, and much depends on circumstances. Thus the Holy Office, 27 May 1886, answered that in France a judge could not abstract from the objective validity of a marriage and give sentence of divorce as far as the civil effects were concerned. The nuncio in Belgium declared 14 Sep. 1886, that this answer did not refer to Belgium.^
4. What should the confessor say?
The confessor should tell Titius, who is obviously a conscientious Catholic, that he should write to the bishop and ask for his leave to undertake the case. This will give the bishop the opportunity of satisfying himself
1 Manual of Moral Theology, vol. i, 587, 591; vol. ii, 281.
2 Ibid., vol. i, 591; vol. ii, 283.
* Ballerini-Palmieri, Opus Morale, vol. vi, n. 825.
A LAWYER AXJJ A DIVORCE CASE 269
about the rcalil\- of the facts alleged in the case, and per- haps of sugo-esting some way of avoiding all the scandal and unpleasant ness of a divorce case among Catholics. If Titius gets the bishop's leave he will he al)le to jji-oceed without scruple.
11
DISPENSATION FROM BANNS
TiTius et Titia Catliolici cognoscuntiir implore prsecep- tum MissEe audiendse, nunquam tamen lit videtur sacra- men ta recipiunt. Quodam die Titius liujus rei causam Caio quasi-parocho declarat, et dicit quamqiiam in communi sestimatione ipse et Titia sint conjiiges legitime matrimonio juncti, hoe tamen non esse verum, quum illuc devenerint abhinc quatuordecim annis et dum Titise verus maritus adhuc inter vivos esset; postea quidem Titise maritum esse mortuum, nee iillum impedimentum inter se et Titiam amplius existere, et velle vitam refor- mare, dummodo sine scandalo at salva fama Titiae fieri posset. Caius vero neseit quid in casu sit faciendum. Unde quseritur:
1. Qualis sit obligatio bannorum, et num aliquando cesset, vel dispensari possit?
2. Qualis sit obligatio matrimonium in facie Ecclesise celebrandi, et num ali(iuando cesset vel dispensari possit?
3. Quid ad casum?
Solution
1. What is the ol^ligation of ]3anns, and does it some- times cease, or can a dispensation be had?
The obligation of publishing the banns before a marriage is celebrated is a grave one, but the bishop or his vicar-
270
DISPENSATION FROM BAXXS 271
general can dispense from them cither \vh(jlly or in part for good reason. \\'hen there is no impediment and it is necessary to celebrate a marriage at once in order to avoid very serious harm, marriage may sometimes Vje con- tracted without banns.'
2. WTiat obligation is there ot" celebrating marriage in the face of the Church, and does it cease sometimes?
F'rom the earliest times there existed a grave obliga- tion of celebrating marriage in face of the Church, or in other words before the parish priest or the bishop. Before the decree Ne Teniere came into force, 19 April 1908, marriages of Catholics otherwise celebrated were only uiilawrul in iMi.uland and in most parts of the United States; after that date they are also invalid, as a general rule. An exception to this rule is made by the decree Ne Temere (§ VIII) : "Should it happen that in any district the parish priest or the Ordinary of the place or a priest delegated by either of tliem, before whom marriage can be celebrated, is not to be had, and that this condition of things has lasted for a month, marriage may be validly and licitly entered upon ])y the formal declaration of consent made by the spouses in the presence of two witnesses."
3. The case. We need not consider the difficulties in the way of marrying Titius and Titia which would arise from English civil law. There is good reason for grant- ing a dispensation from banns and this should be obtained by Caius. He should also make sure that now at least there is no impediment to the marriage of Titius and Titia. The religious marriage may then be celebrated in the man- ner prescribed by ecclesiastical law.
'■ Manual of Moral Theology, vol. ii, 265 f.
12
PREVIOUS MARRIAGE
Bertha viginti annos nata Caio nupserat quocum plus minus pacifice vixit per duos annos. Tunc uncle se uxorem- que sustentaret quum in Anglia amplius lucrari non posset, Caius in Americam tetendit, et fideliter per aliquot menses litteras pecuniamque uxori misit, quando subito cessarunt litterse nee quidquam postea de marito audivit Bertha. Post aliquot annos in aliam civitatem quum Bertha migras- set Titius acatholicus qui cubiculum in ejus domo eon- duxerat eam in uxorem postulabat. Quum Bertha consensisset, impossibilitatem dispensationem obtinendi ab episcopo, in Ecclesia Anglicana nuptise celebrabantur. Quae omnia ante diem 19 Aprilis 1908 evenerunt, post ilium autem diem ad confessarium accessit Bertha qui factis auditis affirmabat invalidum esse matrimonium et a Titio eam separare oportere. Unde quseritur:
1. Quid faciendum quando dubitetur de statu libero sponsi qui velit inire matrimonium?
2. Quid post matrimonium contractum ab aliquo incerto de morte prioris conjugis?
3. Quid ad casum?
272
PREVIOUS MARRIAGE 273
SOLUTIOX
1. AVhat is to bo done wiieii it is (l()iil)tful whctlicr one is free to marry who wishes to do so?
Inquiry must be made and if the dcalh of the previous spouse is proved by a certificate of death oi' ol hci- authentic document, or l)y two witnesses who are above suspicion, or by other lawful means, the person may l)e allowed to marry again. If any reasonable doubt remains tlie case should be referred to the bishop, who without the leave of the Holy See will not allow a second marriage unless the freedom to marry is {)roved.i
2. Wliat should be done when a second marriage has been contracted by one who was not certain that a former spouse was dead?
" If a person has unlawfully contracted a second marriage without the necessary certainty cancerning the death of a former spouse, it does not follow that the second marriage is invalid, and that the parties must separate. If there is only slight doubt about the death of the former spouse, after making fruitless inquiries, the parties may live together as man and wife. If only one of the parties is in bad faith and is not certain of the death oi a former spouse, while the other knows nothing of the difficult}', he sliould render tlie marriage debt, but he has no right to ask it as long as he remains in bad faith. If both parties 'are in bad faith, they can not lawfully use marriage as long as they are in that state. Inquiries should be made, and if probable reasons can be discovered for tliinking that the former jiartner is dead, thay may use marriage, accord- ing to a prol)abl(' ()])iiii(»ii. For even in this case the
' Manual of Moral Theology, vol. ii, 2%.
274 CASES OF CONSCIENCE
marriage has been contracted, it is probably valid, and it is not certain that any one else has a prior right, so the parties should be allowed to use it. If the second marriage was contracted in good faith, and a doubt about the death of a former spouse arises subsequently, inquiries should be made, and if they are fruitless the parties may live as man and wife. Of course in all cases when it is found out for certain that a former spouse is alive, the second mar- riage is invalid, and the parties must separate, or at any rate must not live as man and wife together." i
3. The case. The confessor was wrong in deciding at once that Bertha must separate from Titius. The marriage ^^^th Titius was contracted in England where clandestinity was not a diriment impediment till 19 April, 1908. If when the marriage was celebrated Caius was dead, and if consent was given absolutely by Iwth parties, and there were no other diriment impediment between Bertha and Titius, the marriage was valid though illicit. The con- fessor should therefore have made inquiries from Bertha as to whether Titius was baptized or not, whether there was any dmment impediment between them, whether Titius knew anything about her former marriage or not, whether there was any possibility of learning what had become of Caius. If Titius was a baptized Anglican and knew nothing about Bertha's former marriage, and espe- cially if there was no hope of learning anything about Caius, he could not be deprived of his marital rights with- out injustice. Under these same suppositions the con- fessor should tell Bertha how wrongly she acted in marry- ing Titius at all and especially in a Protestant Church,
1 Manual of Moral Theology, vol. ii, 297; Ballerini, Opus Morale, vol. vi. 677.
PREVIOUS MARRIAGE 275
but that since in uU probability lier former husband is dead, she may Hvc with Titius as liis wife and frequent the sacraments. She sliould be tokl to pray for Titius' conversion to the Faith, and if there are any children of the marriage to bring them up as Catliolics. She should also be absolved from the excommunication which is incurred b}' marrying in a Protestant Chiu-ch, if she was aware of the penalty.
13
A TOO ACCOMMODATl.XG PRIEST
Bernardus vehementibus Clarae uxoris sua3 quscri- moniis fractus ab ea discedit, et in Amcricam pergit. Elapsis circiter octo annis, Clara credens maritiim mortuum esse se confert in aliam civitatem, ubi pravum consortium sub spe matrimonii cum Roberto acatholico habet, atque ex illo gravida evadit. In quibus angustiis properat ad Franciscum, sacerdotem amicum suum, cui omnia pandit, postulatque quid sibi sit agendum. Omni diligenti inquisitione facta Franciscus judicans probabilitatem de morte Bcrnardi longe majorem esse quam de vita rem totam defert ad Ordinarium, qui tamen negat se posse mulieri facultatem tribuerc ut ad novas nuptias transeat. In his circumstantiis Clara approbante Francisco ad evitandum infamia} periculum matrimonium coram offi- ciali civili contrahit cum Roberto inscio prioris conjugii, et ante decretum Ne Temere promulgatum. Postea autem stimulis conscientise impulsa ad confessariun accedit qui omnibus patefactis secum ({userit:
1. Qualis probatio requiratur ad contestandam mortem prioris conjugis?
2. An moralis certitudo de morte ejus necessario re- quiratur pro foro intemo seque ac pro externo ut novum matrimonium licite contrahi possit? .
3. Quid judicandum de sententia cl. Ballerini, nempe: " Quando certitudo moralis liabetur de morte conjugis
276
A TOO ACCOMMODATING PRIEST 277
potest parochus nulla petita Ordinarii liccntia et absque ejus scientia novo matrirnonio assistere." ^
4. Quid (Ic consilio Francisci ct <iui<l dc usu niatrimfjnii secundi?
Solution
1. What sort of ovicUnu'c is required to prove the death of a former spouse?
That evidoncc is required wliich is sufficient to generate moral certainty of tlie fact. A burial certificate, or the certificate of the doctor who attended liini, two rcHable and sworn witnesses, one witness when his evidence is backed by other indications of the fact, will be sufficient. (Instructio S. 0., Concilia Wcstmonast., p. 410).
2. Is moral certainty of death required in the internal forum as well as in the external?
Yes, because otherwise there will be a doubt as to whether the second marriage is valid or not.
3. ^^^lat is to be thought about the opinion of Ballerini? Accorchng to the common law the freedom of parties
who wish to be married must l)e proved in legal form to the satisfaction of the OrcUnary. In many places this is not done, but the death of a former spouse should be morally certain from public arguments; the mere subjec- tive certainty of the pai'ish priest is not sufficient. In this sense Ballerini's opinion may be accepted.
4. AMiat about the achdce of Francis, and the use of the second marriage?
Francis did wrong to approve of Clare's conduct. She was in a difficult position, it is true, l:)ut she should not have put herself in it. At any rate it does not justify
' Opus Morale, tract, x, c. 2, n. 676.
278 CASES OF CONSCIENCE
her in marrying before the registrar a second husband while she is not certain that her former husband is dead. However, as the second maiTiage took phice in England before clandestinity became a diriment impediment of marriage, and Clare thought that her former husband was dead, and acted on the advice of a priest, and Robert knew nothing about the former husband, Clare may live with him as liis wife, but she will have to separate from him if her former husband proves to be alive. She should be told of her obligation to bring up all her children as Catholics, and to pray for the conversion of Robert.
14 DOUBTFCL HAl'TISM A.XJ) .MAlMllAdK
TiTirs ("t Titia coiijuges ct r('li<;i()ii(' sccta- Aiiglicaiiic rogaveruiit ('niiiin sacerdoteni ut ipsos in Ecclesiam Catholicam reciperet. Do eoniiii haplismatc iii<iuiroiis Cains invoiiit Titiam ])robal)ilit('r fuissc, Titium vero ccrto niuKiuani bapti.satiim; insupcr oos oss(> in tertio gradii consangninitatis conjunct os. (^uuni vcj-o juxta recentem (incnidam theologum j)r()l)aI)ilit(T iKijttisati ccrto Ecclesise legibus sint subjecti, judicabat Caius primuni dispcnsationem esse petendam ut saltern nunc Titius ct Titia validum matrimonium inirent. Alius vero sa- ccrdos matrimonium ab initio fuissc validum putabat. Unde qusEritur:
1. Quid censendum de sententia rccentis illius theologi?
2. Quinam sint legibus Ecclesia) matrimonialibus subjecti?
3. In dubio do baptismo (juid jn-omnicianduni dc vali- ditate matrimonii?
4. Quid ad casum?
Solution
1. AVhat is to be tliouglit of (lie opinion referred to?
The opinion is that of Lchnikuhl: " Dubic baptisati
jure divino jurisdictioni EcclcsiiP sul)sint."" ^ Of this
1 Theol. Moral., vol. li, 426 nota. 279
280 CASES OF CONSCIENCE
opinion Fr. "Wornz writes: "At hujusmodi principium luic usque passim a doctoribus non videtur esse admissum, nee rationes allatse omnibus esse efficaccs. Difficulter (luoque iiitelli.iiitur (juomodo (juis vere et objective ligetur l(>gibus iiTitantil)us Ecclesia? lieet dubia tantum sub- jectiva existant de ejus baptismo, atque ipse forte objective careat charactere baptismali, qui ex jure divino est unicum fundamentum depend(»ntia3 alicujus hominis ut subditi a legibus ecclesiasticis." ^ Genicot says: " Verius ibi meram pra'sumptionem reperiri })utamus (juam Ecclesia secjuatur in dijudicandis causis matrimonialibus." ^
2. ^\^lo are subject to the matrimonial laws of the Church?
All those who are baptized, even schismatics and heretics, unless the Church has made an exception, as she has done with regard to the law of clandestinity.
3. In a case of doubtful baptism what is to be said about the validity of marriage?
The general rule is: " Baptismus dubius sive dubio juris sive facti in ordine ad validitatem matrimonii con- tract! vel contrahendi habendus est ut validus." ^ The rule, which has frequently been formulated and acted on by the Roman Congregations, more probably lays down a presumption wliich is followed as long as the doubt remains, but which must yield to the truth if it becomes manifest.
4. The case. Titia probably had been baptized; Titius certainly had not liecn baptized, and this fact we presume to have been publicly known at the time of their marriage,
^ Jus Decretalium, iv, 508 nota (33). 2 Theol. Moral., vol. ii, 488 nota. ' Wernz, Jus Decret., lib. iv, n. 507.
DOUBTFLL liM'TlSM AM) MAHUl.Uih: 281
not to have been detected now for tlic firs I linio. The marriage was invalid. " Qui validc aut dubic hapti.sati fuerint, ii subsunt impodimentis etiam jure ooolosiastifo dirimentibiis. . . . At fieri jjotcst ut una jjars \ali(lc aut dubie, altera vero iiivalide ba])tisla liici-it. Hoc in casu eorum matrimoniuni nullum crit ol) culUi.s disjjaritatem "" (S. 0. 4 Feb. 1891. A. S. S. XXVI, G2). Titia was also subject to the impediment of consanguinity, and so the marriage was also invalid on this liead. Caius should leave them in good aitli about the validity (jf their mar- riage, api)ly for a dispensation from consanguinity in the third degree in the case of converts already married, and after ho has ivceived tliem into tlic Churcli and ()btain('(l the dispensation, get them to renew their consent bcfoi'e the parish ])riest and two witnesses.
15 AFFINITY
TiTius missionarius post plures annos in vinea Domini in Africa meridionali fructuose transactos in patriam redit ad vii-es corporales spiritualesque reficiendas. In missione pliires casus morales solutu baud faciles sese offerebant, inter quos etiam sequens. \'ir quidam primarius inter paganos ad fidem convertebatur, at quum (juatiior uxores haberet tres remittere debuit. Attanien primam nulla- tenus retinere voluit, sed potiiis ejus sororem inter omnes juniorem et ultimam multis bobus emptam. Titius vero perplexus dubitabat utrum hoc jjermitti posset, etiamsi uteretur suis sat amplis missionariis facultatibus ad dispensationes necessarias concedendas. Quseritur:
1 Num impedimentum affinitatis sit juris naturalis vel ecclesiastici tantum?
2. Quasnam facultates habeant missionarii in partibus infidelium quae usui essent Titio in casu?
3. Quid ad casum?
SOLUTIOX
1. Is the impediment of affinity derived from natural or ecclesiastical law?
Affinity in the collateral line is certainly derived from ecclesiastical law, and more probably also in the direct line. As a diriment impediment, therefore, it does not
282
AFFINITY 283
affect those who uj'e nut l^uplizcd. iiowevcr, even in the non-baptized, carnal intercourse creates a certain natural bond; the parties become one flesh, and this natural bond becomes affinity and a diriment impediment of marriage after Baptism.'
2. What faculties have missioners among infidels which might perhaps be of use in this case?
Bishops and even priests in missionary countries fre- quently have the following faculties:
" Dispensandi in 3 et 4 consanguinitatis et affinitatis gradu simplici et mixto tantum, et in 2, 3, et 4 mixtis, non tamen in 2 solo ([uoad futura matrimonia; quo vero ad praeterita etiam in 2 solo, dummodo nuUo modo attingat primum gradum, cum his qui ab haeresi vel infidelitate convertuntur ad fidem catholicam et in praefatis casibus prolem suseeptam declarandi legitimam."
" DispensancU cum gentilibus et infidelibus plures uxorcs habentibus ut post convcrsionem et baptismum, quam ex illis maluerint, si etiam ipsa fidelis fiat, retinere possint, nisi prima voluerit converti."
" Dispensandi in utroque foro cum Catholicis ejus jurisdictioni subjectis, in matrimoniis sive contractis sive contrahendis, super impedimento primi gradus affinitatis in linea collaterali ex copula licita provenientis (pro decern casibus)."
3. The case. The first wife is presumed to be the only lawful one, and if she is willing to be converted, her hus- band should adhere to her. If she is not willing to be converted, but is reatly to live peaceably with her husband, in this case also he should remain with her, unless he obtains a dispensation which may be givcMi in virtue of
' Manual of Moral Theology, vol. ii, 302.
284 CASES OF CONSCIENCE
the second of the above facuHies. In case the first will neither be converted nor live peaceably with her husband, the Pauline privilege may be invoked, and the husband will be free to marry any Christian wife. Sometimes among infidel savages there may be serious doubt as to whether the marriage with a first wife was valid on account of the man's intention not to limit himself to one, and for other reasons. In such a case the man would not be married at all. In the case proposed, the woman that the man wishes to retain as his wife is related to him in the fii'st degree of affinity in the collateral line, but sometimes power to dispense in this impediment is granted as by the third of the above faculties, or a dispensation for a par- ticular case may be asked for from the Holy See. From what has been said Titius will see how his case and similar ones must be treated.
IG
COXSANGUIXITY
Caius juvenis adulterium commisit cum Bertha et cum Julia maritis abscntihus. Postea omcndatis moribus Caius honcstissimam inulierem duxit, paterno tamen cum affectu semper secrcto prosequebatur Mariam e Bertha natam et Titium quem JuHa sibi peperit. Post aliciuot annos mirabundus advertebat Titium et Mariam jam adultos maxima familiaritate inter se esse conjunctos, et tandem obstupefactus audiebat eorum banna in ecclesia proclamata, inire enim mati-imonium intendebant. Post aliquot dies secretum quod nemo alius sciebat Caius confessario manifcstabat, et de suis oblio;ationibus rogabat. Unde:
1. Quid sint banna, et quam obligationem matrimonii impedimenta manifestandi inducant?
2. Quo jure inductum sit impedimentum consanguin- itatis, et quomodo computentur gradus consanguinitatis eorum qui ex eodem patre diversa tamen matre originem ducant?
3. Quid ad casum?
Solution
Th(^ first (juestion was answcM'od above, p. 259.
2. To what law is the impediment of consanguinity due, and how are the degrees of consanguinity reckoned of those who have the same father but different mothers?
285
286 CASES OF CONSCIENCE
Consanguinity in the fii'st degree of the direct line annuls maiTiagc by natural law; in the other degrees of the direct line it annuls marriage, but more probably only by eccle- siastical law. It is disputed whether consanguinity in the first degree of the collateral line annuls marriage by natural or by ecclesiastical law; in more remote degrees of the collateral line up to the fourth inclusive it annuls marriage by ecclesiastical law.^ It is immaterial whether both parents of the common stock are the same or only one.
3. The case. The banns of Titius and Mary were pro- claimed, they being the illegitimate children of Caius by different mothers, and so they were half-brother and half- sister. They w^ere related therefore in the first degree of the collateral line of consanguinity, but Caius, their father, was the only person who knew of the relationship. He asked his confessor whether he was bound to do anything to stop the marriage. No, he is not l^ound to stop the marriage. The impediment is probably only of positive not natm'al law, the parties are in good faith and know nothing about it, he could not effectually intervene without betraying himself and the two women with whom he had sinned, to say nothing of the danger of spoiling the lives of the young couple.
1 Manual of Moral Theology, vol. ii, 299.
17
SACRED ORDERS
Caius missionarius saccrdos (luum advertisset Juliurn patremfaiiiilias cum uxore sua Ecclcsiam ciuidem fre- quentaxe nunquam tamen ad sacramenta accedere, causam caute iiKjuisivit. Tandem aliquaiido Julius agnovit se esse saccrtlotem in Australia ordinatum in ipsa tamen ordinationc intra se explicite votum eastitatis exclusisse, ita ut matrimonium quod post aliquot annos sacerdotii iniisset pro valido indubitantcr liabeat. Caius vero rogat utrum aliquod sit Julii opinioni fundamentum, et utrum cum ad Ecclesise sacramenta fortasse admittere possit. Uncle (iua3ritur:
1. Quid sit impedimentum ordinis sacri et quo jure constituatm-?
2. Num sit idem imj){>dimentum dispensabile?
3. Num vis impedimenti sit in ipso ordine suscepto an in voto annexe?
4. Quid ad easum?
Solution
1. What is the impediment of sacred Orders, and by what law is it established?
The solemn vow of chastity taken implicitly when sacred Orders are received is a diriment impediment of marriage by ecclesiastical law.^
» Manual of Moral Theology, vol. ii, 307. 287
288 CASES OF CONSCIENCE
2. May a dispensation be had from this impediment? Inasmuch as the impediment has been estabhshed by
the authority of the Church, it may be dispensed by the same authority, but the Church rarely chspenses deacons and still more rarely priests from this impediment.
3. Ls the impediment in the sacred Orders, or in the vow of chastity annexed to sacred Orders.
It is in both, in this sense, that in the Western Church a solenm vow of chastity which annuls subsequent marriage is implicitly taken by all who receive sacred Orders, 1)ut apart from this vow and independently of it, sacred Orders are a diriment impediment of marriage by eccle- siastical law.i
4. The case. Julius acknowledges that he was ordained a priest in Australia, but he also asserts that when he was ordained he mentally but expressly excluded the vow of chastity, so that he holds for certain that the marriage which he subsequently contracted is valid. Julius' opinion can not be maintained. He can not prove his mental withholding of his consent in the matter of the vow, and he would not be listened to in an ecclesiastical court. Besides, sacred Orders in themselves, apart from the vow, are a direment impediment of marriage, so that the marriage is null and void whether he took the vow of chastity or not. Julius is therefore living in concubinage, and may not be admitted to the sacraments while living in that state.2
1 Manual of Moral Theology, vol. ii, 308.
2 Wernz, Jus Decretalium, lib. iv, n. 393.
18 FEAR
AwA ah ali(iu()( aniiis coiivorsa ad fidom Catliolicam voiiit ad ( aiiiin niissionariuiii ot (licit se rrotestanticam in Hibernia sept cut rionali Titio protestantico nupsisse, ad id adac'tam coiitinuis procibus imo ct minis expulsionis e domo paterna, postca ei gcnuisse duos filios, sed de- nique ob ejus crudclitatcm et quia nunquam eum amasset, niarituni in IlihcTiiia (I('r('li(iuisse, et in Angliam venisse. Nunc maritaliter cohabitat cum Titio Catholico et uterque vellet matrimonium inire ut sacramonta rccipere posset. Caius vero nescit utrum eos ad matrimonium admittere liceat, et qua3rit quid a sc sit facieiidum. Unde quaeritur:
1. Quid sit impedimentum metus ot quo jure statuatur?
2. Num et (luomodo matrimonium ob metum irritum convalidari valeat?
3. Ad quern pertineat traetare causas tales matri- moniales?
4. Quid ad casum?
Solution
1. A\Tiat is the impcdinu'iit of fear, and by what law is it established?
Fear is a perturbation of mind arising from present or future danger, ^\^lcn nuujiage is contracted through grave fear caused unjustly by a free agent with a view to
289
290 CASES OF CONSCIENCE
extorting marriage, ecclesiastical law makes the marriage null and void. Whether it is also void by natural law is a disputed point among divines. ^
2. Can marriage, void through fear, be revalidated, and how?
Yes, such marriage may be revalidated when the fear ceases by expressing free matrimonial consent.^
3. To whom does it belong to treat of such matrimonial causes?
To the bishop as judge of first instance in the external forum. " Qusestiones de validitate matrimoniorum causae nuncupantur; quae ad forum externum unice pertinent, ab ordinario juridice determinandae. Ad ordinarium igitur recurrendum est quando agitur de novo matrimonio contrahendo ubi adsit dubium de validitate matrimonii jam contracti. ... Ad matrimonia autem jam contracta quod attinet, sacerdotes omnes qui curam animarum gerunt, gravissime monemus ac in Domino jubemus ut quamquam illis certissime constet matrimonium aliquod invalidum fuisse, omnibus quorum interest aperte declarent se nullam auctoritatem habere judicium in hujusmodi re ferendi: sed antequam ad novum matrimonium procedere prsesumant ad ordinarium recurrant ej usque juridicam sententiam expectent " (IV Cone. West., d. 15).
4. The case. Caius may not admit Ann to a fresh marriage until it has been proved that the former marriage was invalid. It is possible that it was invalid to begin with; whether it afterwards became revalidated by the expression of free marital consent on the part of the woman or not, does not appear from the case as stated. Caius
1 Manual of Moral Theology, vol. ii, 320.
2 Ibid., 321.
FEAR 291
should thcreforo question Aiin with a view to finding this out, and so tliscovcring whotlicr tlicre is a prima facie case for invalidity or not. If he finds that there is solid ground for thinking that the former man-iagc was and remained null and void, Caius should send all the particulars of the case to the bishop, who after examining the evidence will pass sentence in accordance with it. The case will then be sent to the higher ecclesiastical court if the bishop's sentence was in favor of invalidity. The woman \\ill be free to marry again after two concordant sentences have been given in favor of the nullity of the marriage.
19 CRIME
TiTius anglicanus obtinuit divortium a Titia pariter anglicana uxore propter hujus adulterium et duxit Bertham e qua filios habet. Recenter mortua Titia ad fidem con- vertebantur Titius et Bertha, ac petebant a Julio sacerdote Catholico ut in Ecelesiam reciperentur, sed probe scientes Ecclesiam Catholicam divortium non admittere, rogabant ut simul nuptias benediceret. Julius vero rogat quid a se sit faciendum. Unde quseritur:
1 Num hseretici subdantur impedimentis dirimentibus matrimonii?
2. Quomodo sint hseretici cum Ecclesia reconciliandi?
3. Quid ad casum?
Solution
1. Are heretics subject to the diriment impediments of marriage?
Yes, unless they have been specially excepted by com- petent authority as is the case with the impediment of clandestinity.^
2. This question was answered above, p. 287.
3. The case. Titius, an Anglican, divorced his wife Titia, who was also an Anglican, and married Bertha. We must presume that Titius and Titia were baptized,
1 Manual of Moral Theology, vol. ii, 286. 292
CRIME 293
and so subject to the diriment impediments of the Church. The divorce was null and void, and so in attempting to marry Bertha during the lifetime of Titia and consummating the attempted marriage, he contracted with her the impediment of crime. Most probably they are in ignorance of this; however in foro externa it is not safe to follow the opinion that ignorance excuses from this impediment. JuHus should leave them in good faith, at any rate till he has obtained the requisite dispensation, if Titius and Bertha think that they are married; otherwise they should not use marriage rights. After obtaining the dispensa- tion from the impediment of crime and from banns, they should be married privately before the parish priest and two witnesses. 1
1 Gasparri, De Matrim., vol. i, 649.
20 WAS SHE FREE TO MARRY?
A TiTio viro Catholico in matrimonio petitur Caia recenter ad fidem convcrsa antea Anglicana. Caia quidem erat matrimonio juncta cum Lucio consobrino pariter Anglicano, at propter ejus crudelitatem ac adulterium post primam prolem petierat adhuc Anglicana divortium in curia civili quod gaudens obtinuit. Nunc vero Caia vellet nubere Titio si legibus Dei et Ecclesise ei permit- tatur, unde rogat confessarium si quid matrimonio optato obstet. Unde quseritm':
1. Quosnam obligent impedimenta dirimentia matri- monii?
2. Quo jure statuatur impedimentum consanguinitatis ?
3. Num liceat matrimonium contrahere cum dubio impedimento?
4. Quid ad casum?
Solution
The first question was answered above, p. 292 and the second, p. 286.
3. Is it allowed to contract marriage with a doubtful impediment?
It i'i not allowed to contract marriage when there is a doubt whether it is not forbidden by the natural or divine law. When the doubt is whether it is not forbidden by
294
WAS SUE FREE TO MAIiliV? 295
positive ccclcsiastica' law, the marriago may take place When the doubt is of fact, as, for example, whether the parties are not related within he prohibited degrees, a dispensation should be asked for fnjni the bisjioj), who can grant it ad cautelam}
4. The case. As Caia and Lucius were cousins, and we must presume that they were baptized, their marriage was null and void by ecclesiastical Jaw. A divorce has been granted in the civil court, and so, if our suppositions are correct, Caia is free to marry. However, the con- fessor or the parish priest should make inquiries and satisfy himself about the facts of the case. ^^Tien he has done this, he should submit the e\adence to the bishop and await his decision, according to the rule laid down above, p. 283.
1 Manual of Moral Theology, vol. ii, 336.
21
MULTIPLE IMPEDIMENTS
Caius, vivente adhuc uxore sua Caia, in ccclesia Protes- tantica cum Titia Caii^e consanguinea in tertio gradu col- aterali, et ipsa quidem conjugata, matrimonium atten- tavit. Paucis post annis, turn Caia turn Titise marito defunctis, ad Thomam confessarium accedit Titia ut omnia componat. Inter confitendum narrat se integrum per annum concubinarie vixisse cum Sempronio, con- sanguineo Caii in secundo gTadu collaterali eic^ue filium peperisse. Thomas igitur cjuajrit:
1. Quotuplex sit impedimentum criminis; qusenam sint conditiones ad illud incurrendum requisitse; et quan- donam fiat duplex?
2. Si impedimentum per se publicum, sed per accidens secretum, in tribunali detegatur, debeatne ejus relaxatio sequi regulas fori intenii an externi?
3. Qusenam dispensationes in casu requirantur; et quonam in foro res tractari debeat?
4. Quaenam absolutiones a censuris in casu dari dcbeant? [Ex casibus solvendis in dioecesi Liverpolitana, 1899-1900.
Solution
1. What is the impediment of crime; what conditions are required for incurring it; and when is it double? Generally the impediment of crime is said to be three-
296
MULTIPLE IMPEDIMENTS 297
fold; adultery, homicide, and both together. With adultery there must he a i)romise of marriage or attempted marriage with the adulterer; witli liomieide when com- mitted by one party there must be physical or moral co-operation of the otlicr party; when there is both adultery and liomieide, the other conditions are not nec- essai'y that the impediment may exist between the parties. If both parties are married in the first ease; if the spouses of both are killed in the second: and if in the third there is adultery with the promise of, or attempt at, marriage, and the machination of the other party in the homicide, there will be two impediments. ^
2. If an impediment is jper se public, but secret per accidens, ought its dispensation to follow the rules of tlie internal or external forum?
It should follow the rules of the external forum: " Communi jurisprudentia receptum est publicum omnino haberi impedimentum ([uod licet actu occultum sit quan- documque vulgari et probari potest." 2
3. What dispensations are required in the case and in what forum should the case be treated?
Titia is the affinis of Caius in the third degree; we pre- sume that the attempted marriage was consummated and so there is a double impediment of crime between them {adulierium cum attentato matrimonio); Titia is the affinis of Caius in the second degree on account of her illicit intercourse with Sempronius. All these facts are publicly known, so that the wliole case must be treated in the external forum, and dispensations be obtained from the above impediments.
1 Manual of Moral Theology, vol. ii, 313. * Gasparri, De Matrim., vol. i, n. 251.
298 CASES OF CONSCIENCE
4. "\Miat absolutions from censures should be given in the case?
Caius and Titia incurred the censure of excommunica- tion inflicted on heretics and their abettors on account of their attempting marriage in the Protestant Church, for to receive a sacrament in a non-Catholic place of worship is presumed to be an act of heresy. They will, then, need absolution from this censure.
22
A TREACHEROUS FRIEND
TiTius coelebs maxima familiaritate cum Caio cjusque uxore Caia erat conjunctus, et leges divinas humanasque spernens saepius cum Caia adulterium commiserat. Caius gravi morbo correptus ante mortem de uxore indigna sollic- itus Titio ad se advocato dixit sibi fore gratissimum si uxorem rclictam matrimonio duceret. Quod Titius se factm-um promisit, ac postea ut Caius tranquillus morere- tur Titius et Caia ei se post ejus mortem in matrimonium inituros simul adstantes lectulo promiserunt. Quam promisionem morte Caii secuta redintegrarunt ac Paulum parochum ut banna proclamaret rogarunt. Paulus vero in examine sponsorum praedicta quum detexisset, incertus erat utrum ad matrimonium essent habiles necne. Unde quseritur :
1. Quodnam sit impedimentum criminis et qua lege statuatur?
2. Num ignorantia excuset ab impedimento incurrendo?
3. Quaenam conditiones requirantur ut adsit impedi- mentum ex adultcrio et promissione matrimonii?
4. Quid ad casum?
Solution
1. What is the impediment of crime, antl by what law is it established?
Crime is a duiment impediment of marriage established
299
300 CASES OF CONSCIENCE
by ecclesiastical law by which those who are already married and commit adultery, homicide of spouse, or both together, with a third person, are made incapable of marrjdng that person even after the death of the spouse.^
2. Does Ignorance excuse from incurring this impediment? It probably excuses in the forum of conscience those
who marry in ignorance of the impediment; ignorance can not be effectively pleaded in the external forum in favor of the validity of a marriage vitiated by this impediment. 2
3. What conditions are necessary for the impediment from adultery and promise of marriage?
The adultery must be real, formal, and complete. The promise must be real, accepted by the promisee, absolute, made with knowledge of the present marriage, and under- taking to contract marriage after the death of the other spouse. Both the adultery and the promise must have place during the continuance of the same marriage. 3
4. The case. There was no impediment of crime between the parties, so that Paul might marry them if there were no other obstacle. The promise of marriage had not the requisite conditions for producing the imped- iment. Titius promised Caius on his death-bed that he would marry Caia, and then both Titius and Caia promised him that they would marry each other after his death. When Caius was dead, Titius and Caia promised marriage to each other, but it could not then produce the impediment
of crime.
' Manual of Moral Theology, vol. ii, 313. * Ibid., 317. 3 xbid., 314.
23
A GOVERNESS'S MARRIAGE
TiTius Catholic-US apucl Liverpool degebat, sed saepe negotiatioriis causa Dublinum petebat ubi familiaritatem contraxit cum Caia Catholica magistra in familia privata (vulgo governess). Interdiu muneri incumbebat Caia in parochia Sancti Andrese, ubi familia cui inserviebat residebat, vespere vero ad domum paternam in parochia Sanctae Agatha? redibat. Sponsalibus inter eos initis, matrimonium fuit in Ecclesia S. Andrese celebratum, ac postea cum uxore Titius domum Anglicam est reversus. Quibus auditis missionarius quidam sacerdos in Anglia dubitabat utrum Titius valido matrimonio asset con- junctus. Unde quajritur:
1. Num decretum Tametsiin Hibeniia sit promulgatum, et quosnam ibi obliget?
2. Quid decreto Tametsi statuatur?
3. Quid sanxerit decretum S. C. C. Ne temere, 2 Aug. 1907?
4. Quid ad casum?
Solution
1. Was the Tridentine decree Tametsi published in Ireland, and whom did it bind?
The decree Tametsi was extended to the whole of Ireland 2 Dec, 1827, and bound all Catholics. Mixed marriages and marriages between Protestants did not come under it.
2. "\Miat is laid down by the decree Tametsi?
301
302 CASES OF CONSCIENCE
In order to prevent clandestine marriages the decree Tametsi prescribed the pubhcation of banns, and the cele- bration of marriage in presence of the proper parish priest of one of the parties or his delegate and two witnesses. Marriages not contracted before tlie parish priest and two witnesses were declared null and void. This decree did not bind in parishes where it had never been published.
3. ^^^lat did tlie decree Ne temere prescribe?
By this decree clandestine marriages, or marriages not contracted in presence of the parish priest or the ordinary of the place or a priest delegated by either of these and two witnesses, were made null and void. This decree came into force 19th April, 1908, and binds all Catholics throughout the Western Church. In the German Empire mixed marriages are exempt from this decree if the parties were born and marry therein. ^
4. The case. Both Titius and Caia were Catholics and so in Dublin their marriage was subject to the decree Tametsi if it was contracted before 19th April, 1908. Caia had neither domicile nor quasi-domicile in the parish of St. Andrew, where the marriage took place. She merely was occupied there during the day. The parish priest of St. Andrew's was not the proper parish priest of either of the parties and the marriage was null and void.
If the marriage was contracted after 19th April, 1908, it would be valid, as it was contracted before the parish priest of the place, but it was unlawful, because he was not the parish priest of the bride, nor had he his leave. He has therefore no right to the marriage fees, and he must remit them to the parish priest of the bride according to the decree Ne temere.
' Manual of Moral Theology, vol. ii, 332.
24
MARRIAGE BEFORE THE REGISTRAR
Patricius Dubliiii incola sponsalibus cum Birgitta acatholica initis, petiit a parocho ut dispensatione obtenta matrimonium celebraret. Qui tamen negavit se quidquam in casu facturum. Quum Patricius audiret sacerdotes in Anglia mitiores se gerere quoad matrimonia mixta, ipse cum sponsa ad locum peregrinationis in Anglia celebrem pergit, et missionarium ibidem curam animarum cxercen- tem rogat ut matrimonium celebret. Missionarius vero dubitat utrum quidquam pro Patricio facere valeat et dum tem])us tcrit Patricius matrimonium coram officiali civili contrahit. Unde quaeritur:
1. Quid sit matrimonium contrahere " in fraudem legis"?
2. Quid sit impedimentum clandestinitatis et num obliget in Anglia, Hibernia, Belgio, Gallia?
3. Quid faciendum esset a missionario in casu si judicaret matrimonium esse celebrandum?
4. Quid de validitate matrimonii in casu?
SOLUTIOX
1. WTiat is the meaning of contracting marriage '' in fraud of the law?"
Theologians are not agreed on the j)recise meaning of the phi'ase which occurs in the celebrated decree of Urban
303
304 CASES OF CONSCIENCE
VIII issued Aug. 14, 1627. Some hold that only those who depart from their parish with the principal intention of contracting marriage otherwise than before their parish priest, act in fraud of the law. Others maintain that the mere fact of contracting marriage otherwise than before the parish priest defrauds him of his rights, and so is in fraud of the law which wishes to safeguard them.^
2. What is the impediment of clandestinity, and does it bind in England, Ireland, Belgium, and France?
Clandestinity is the celebration of marriage otherwise than in the form prescribed by the Church. Clandestine marriages were always held to be unlawful by the Church. The Council of Trent made marriage contracted other- wise than before the proper parish priest of one of the parties or his delegate, invalid in places where the decree was published. It was published for all baptized persons in Belgium and France, for Catholics in Ireland, but it was never published in England. The decree Ne temere, Aug. 2, 1907, binds Catholics throughout the Western Church, and annuls marriage contracted otherwise than before the parish priest of the place.
3. Wliat should the missioner in the case have done if he judged that the parties were to be married?
He could validly and. lawfully have assisted at the marriage if he had procured delegation for himself from the ordinary or parish priest of one of the parties. Other- wise one of them would have had to make himself his subject by acquiring a domicile or at least a quasi-domicile in his parish.
4. AVhat about the validity of the marriage in the case?
1 Gasparri, De Matrim., vol. ii, 985.
MARRIAGE BEFORE THE REdlHTRAR 305
If the marriage was celebrated before April 19, 1908, it was unlawful but valid if we presume that Bridget was baptized. For Bridget was not .subject to the decree Tamelsi in Ireland, and might have contracted a valid though clandestine marriage with Patrick there. She kept her freedom when she came to England where the decree was never published.
If the marriage was celebrated after April 19, 1908, it was invalid by the terms of the decree Ne iemere.
25
A NOTABLE CASE
Henrietta filia Caia? natione Galla3 (|iia) domicilium Lonclini pro toto tempore ad quod casus se extendit re- tinuit, cducationis causa degebat in conventu quodam monialium Parisiis. Quam ihi peregrinus Germanicus adamans pctiit in matrimonium. Cui Henrietta matri- monium promisit, et statim post educationem finitam reliquit conventum et donee matrimonium post aliquot hebdomadas celebraii potiiit cubicaila in quodam diversorio cum matre quae propterea ex Londino venerat habitabat, et tandem coram parocho ejusdem loci matrimonium fuit celebratum. Infelix tamen fuit eventus, nam propter adulteria et crudelitatem viri divortium a vinculo in curia civili petiit et obtinuit. Nunc vero Henrietta vellet Julio nubere si per leges ecclesiasticas id ei permittatur. Unde qua^ritm*:
1. Quid sit impedimentum clandestinitatis et quosnam obliget in Anglia et in Gallia?
2. Quinam sit parochus proprius?
3. Quid requiratur ad domicilium et quasi-domicilium, et ubinam habeant domicilium vel quasi-domicilium filise- familias?
4. Quid ad casum?
306
A NOTABLE CASE 307
Solution
The first question is answered above, p. 304.
2. Who is (lie " proper parish priest " of llie Tridentine law of clandostinity?
He is tlic priest in whose parish at least one of the parties who wish to be married has a domicile or quasi -domicile. ^
3. AMiat is required for a domicile or quasi-domicile and where have minors a domicile or quasi-domicile?
A domicile is acquired by living in a place with the intention of always living there; a quasi-domicile is acquired by living in a place with the intention of living there for the greater part of a yeai\ Minors retain the domicile of their parents or guardians as long as they do not re- nounce it. They can also acquire a quasi-domicile of their own. 2
4. The case. The parents of Henrietta lived in London, while she was educated in a convent in Paris. There she promised to marry a German stranger. After her education was finished Henrietta moved with her mother into a hotel situated in another of the parishes of Paris, and after some weeks she mari-ied in presence of the parish priest of this parish. The marriage was invalid if cele- brated before April 19, 190S. Henrietta had neither a domicile nor a quasi-domicile in the parish where she married. She retained her London domicile. She was not a va^a, nor was her husband; therefore as the decree Tametsi bound her in Paris, she required the presence of her own parish priest in London or of his delegate in order to contract a valid marriage in Paris. This was not done,
' Manual of Moral Theology, vol. ii, 326. 2 Ibid., 326 ff.
308 CASES OF CONSCIENCE
and so the marriage was invalid. In substance the case is that In causa Parisien (Jan. 28, 1899, Analecta Eccles., 1899, p. 15).
The marriage would be valid if it were contracted after April 19, 1908, by viriue of the decree A^'e temere.
26 GENERAL LEAVE OF PARISH PRIEST
Ursula Dublino orta iibi pater domicilium habebat, iter cum matre in Gallia faciebat. Dum per aliquot menses Parisiis manebat nuptiae ei offerebantur a Caio qui ibidem habitabat, quas sine mora Ursula cum matris consensu acceptabat. Consensus parentum Caii erat rogandus non tantum ob debitam observantiam sed etiam quia ex praescripto legis civilis matrimonium sine consensu parentum contractum nullius esset effectus. Qui tamen consensum prorsus negabant. Caius adiit parochum et ex eo quod parentes injusto consensum negarent, ei per- suadere nitebatur ut nihilominus ad matrimonium se admitteret. Parochus recusabat, simul tamen dicebat se licentiam libenter dare ut coram quolibet sacerdote quocumque loco matrimonium contraherct. De aliis mediis dcsperantes Caius et Ursula Londinum petierunt et ibidem rogarunt Robertum qui curam habebat ecclesiae quasi-parochialis ut suo matrimonio benediceret. Unde quseritur:
1. Qua3 sint matrimonia clandcstina et (jua lege pro- hibeantur?
2. Qualis potestas circa matrimonia Christianorum competat civili potestati?
3. Quid ad casum?
309
310 CASES OF CONSCIENCE
Solution
The first question was answered above, p. 302-304.
2. ^^llat power over Christian marriage has the civil authority?
Leo XIII answers this question in his EncycHcal letter Arcanum, Feb. 10, 1880: ''As then marriage is holy by its own power, in its own nature, and of itself, it ought not to be regulated and administered by the will of civil rulers, but by the divine authority of the Church, which alone in sacred matters professes the office of teaching. Next, the dignity of the sacrament must be considered, for through addition of the sacrament the marriages of Christians have become far the noblest of all matrimonial unions. But to decree and ordain concerning a sacrament is, by the will of Christ Himself, so much a part of the power and duty of the Church that it is plainly absurd to main- tain that even the very smallest fraction of such power has been transferred to the ci\al ruler." Therefore the civil authority has no power over the marriages of Chris- tians; it can not make diriment or prohibitory impediments of marriage, but it can by its laws regulate the civil effects of marriage, such as the right of succession to property, titles, and offices, the property rights of married women, and similar matters.^
3. The case. The parties would not altogether escape from the jurisdiction of French civil law by coming to England. For the Marriage with Foreigners Act, 1906, was intended to secure as far as possible that such marriages shall not be celebrated if any legal impediment exists
* Gasparri, De Matriraonio, vol. i, 278.
GENERAL LEAVE OF PARISH I'R/EST 311
according to the law of eitlier country.' However, we may consider the case purely from the point of view of the law of the Church. The fact that the parish priest of Caius gave his permission for (lie marriage to take place before any priest, indicates that tlie parents unreason- ably refused their consent to the marriage. Such a gen- eral delegation, though illicit, was not invalid before the decree Ne temere came into force. Therefore, if the case happened before April 19, 190S, after satisfying himself about the freedom of the parties to marry and the reality of his delegation, Robert might have published the banns and undertaken to assist at the man-iage in due time. According to A^e temere, as he is the parish priest of the place, and he has the leave of the parish priest of the ]:)ridegroom, he will be able to assist at the marriage vahdly and lawfully when he has satisfied himself that the parties are free to marry.
* Stephen's Commentaries, vol. ii, 3(31, loth edition.
27
REQUISITES FOR MARRIAGE
TiTius ct Caia Catholici sponsalia rite contraxerant et intra aliquot hebdomadas matrimomum inire volebant. Titius annos viginti duos natus inter socios cujusdam theatri qui de loco in locum vagabantur recensebatur, nee ultra mensem in uno loco commorari solebat. Per mensem fere singulis annis domum paternam in Scotia existentem revertebatur Titius, alias semper cum sociis vagabundus. Caia cum parentibus Mancunii degebat. Titius ad tres hebdomadas sedem apud civitatem Liverpolitanam fixit, ubi ad Lucium sacerdotem accessit et circumstantiis prsedictis recensitis qua^sivit ab eo ubinam matrimonium celebrare posset, et quid praevie juxta leges ecclesiastieas et civiles esset faciendum. Unde quseritur:
1. Ubinam sit matrimomum celebrandum?
2. Quomodo acquiratur et amittatur domicilium vel quasi-domicilium?
3. Ubinam habeant domicilium filiifamilas?
4. Quid ad casum?
Solution
1. AVhere should marriage be celebrated?
Marriage should be celebrated in the Church, and accord- ing to the decree Tametsi of the Council of Trent (XXIV c. 1, De Ref. Matrim.) in parishes where this decree had
;312
UKQilSlTKS I'Vli MARIUAGE 313
been published the presence of the proper parish priest of one of the parties and two witnesses were necessary contlitions of validity. According to the decree Ne ternere, which came into force Aj)ril 19, 1908, marriage will be valid if it is celebrated before the parish priest of the place; for its lawfulness it should be celebrated before the parish priest of the bride; or by his permis- sion, or that of the parish priest of the other party, or of the ordinary, it may take place before another priest. A parish priest acquires jm'isdiction for the purpose of marriage if one of the parties has a domicile in his parish or has lived there for a month.
2. How is a domicile or (luasi-doinicile acquired and lost?
We saw above, p. 307 how they are acquired. They are lost when the two conditions which are necessary for their acquirement cease to exist— Omnis res per quascum- que causas nascitur per easdem dissolvitur (C. 1, De Reg. Juris.).
The third question was answered above, p. 307.
4. The case. Titius retained his parental domicile in Scotland, and so, according to the Tridentine law, the marriage might have taken place before the parish priest of either of the parties, or before any other priest who had been delegated by either of them. According to the decree Ne temere, it should take place at Manchester before the parish priest of llie bi-ide. For good reason, it might be celebrated in Scotland before the parish priest of the bridegroom, or before any priest in whose parish Titius had lived for a month. The parish priest of either party, or their ordinaries, might give leave to any other priest to marry tliein in his parisli. The banns should
314 CASES OF CONSCIENCE
h(> published in the parish churches of both parties, and whoever marries them should have evidence of their freedom to marry. The requirements of the civil law must also be complied with. For those in force in Eng- land, see " The New Marriage Laws," by Rev. T. Slater, p. 9, C. T. S.
28 SUBJECTS OF THE LAW OF CLAXDESTINITY
Caius et Caia Anglicani et matrimonio ab anno juncti petunt ut in gremium vera3 EcclesiiE recipiantur a Paulo loci parocho. Paulus eosdem invenit esse optime in fide Catholica instructos, Caiam quidem catholice bap- tisatam sed ob mortem matris Catholicse ab infantia a patre edueatam in religione anglicana, et qiiam\'is sint consobrini nihil de validitate sui matrimonii dubitare. Ipse porro rogat quid a se sit faciendum ut tamquam con- juges catholici in ecclesia permaneant. Unde quaeritur:
1. Quomodo procedendum in adultis in Ecclesiam recipiendis?
2. Num hseretici subdantur legibus Ecclesise praesertim matrimonialibus?
3. Quid ad casum?
Solution
The first question was answered above, p. 287, and the second, p. 280.
3. The case. The marriage of Caius and Caia was invalid on account of the impediments of clandestinity and consanguinity in the second degree in the collateral line. For the decree Ne temere binds all persons baptized in the Catholic Church, even when they contract marriage with non-Catholics, and Caia was baptized in the Cathohc
315
316 CASES OF CONSCIENCE
Church. Paul therefore should ask the bishop for a dis- pensation from consanguinity in the second degree in the collateral hne, and in the meantime leave the couple in good faith. "WTien he has received the dispensation, if there is no good reason to the contrary he should tell them of the impediment and at once marry them in presence of two witnesses after he has received them into the Church.
29
THE xMOXTH'S STAY OF NE TEMERE
Paulus anglicanus petiit in matrimonium Agnetem Catholicam a qua erat etiam acceptus. (^uum autem episcopus dispensationem ad mixtum matrimonium ineun- dum concedere nollet, Agnes ad Titium paroclium con- volabat consilium in angustiis petitura. Titius vero consuluit ut uterque vel saltern unus ad mensem aedes conduceret in alia dioecesi cujus episcopus erat facilior in dispensando ab isto impedimento. Paulus igitur aedes conduxit in parochia Caii alterius dicEcesis presbyteri in quibus quindecim noctibus pernoctabat ac tunc petiit dispensationem ut post banna proclamata matrimonium ibidem celebraretiu". Caius vero dubitabat utrum licite illud fieri posset necne. Unde quaeritur:
1. Quomodo aliquis fiat subditus episcopi ut ab hoc ejus causae matrimoniales tractentur?
2. Ubinam banna sint proclamanda?
3. Qualis debeat esse commoratio menstrua ut licite coram parocho loci matrimonium celebretur?
4. Quid ad casum?
Solution
1. How does any one become subject to a bishop so that his marriage cases are to be tried by liim?
For validity it is only necessary that marriage should be contracted \rithin the jiunsdiction of the bishop and in
317
318 CASES OF CONSCIENCE
his presence or in that of his delegate and two witnesses. That marriage may be lawfully contracted one of the par- ties must have a domicile in the diocese or must have lived there for a month.
2. Wrhere must banns be published?
In the parish chui'ch or churches of the parties, and in case of those who have recently come from another parish, in that parish as well.^
If marriage is contracted in a place where one of the parties has dwelt for a month, according to the decree Ne temere the banns should be published there, according to the more probable opinion.
3. AMiat sort of month's stay in a place is required by the decree Ne temere?
A full month of thirty days or a calendar month, so that one at least of the parties lives in the place and has lived there uninterruptedly for that period. Absence for a few houi's, or during the day time, would not interfere with the month's stay.^
4. The case. The doubt of Caius was well founded. Paul is not a Catholic, and the Church does not give dis- pensations to non-Catholics directly. Besides, Paul has only lived in Caius' parish for fifteen days, and thirty days are required before a bishop can treat a person as his subject for the purposes of marriage. Agnes would be acting within her rights if she went to another diocese, lived there for thirty days, and then asked for a dispensa- tion. Titius, therefore, might lawfully have suggested this course to her.
1 Manual of Moral Theology, vol. ii, 265.
2 Vermeersch, Ne temere, n. 58.
30
MIXED MARRIAGE
Maria Catholica Episoopi disponsatione obtenta ab impedimcnto mixta? religionis Titio anglicano nupsit. Post matrimonium contractum Titius nonobstantibus promissis i)r()liihiiit quominiis unquam Maria ecclcsiam Catholicam iutraret et crudelitcr earn tractare inccepit, imtle Maria ad domum paternain rediit ubi a Paulo \iro Catholico in uxorem nunc pctitui'. Mariae parochus qui dispensationem ab impedimento mixtae religionis pro Maria obtinuit, postea certo detexit Titium nunquam fuisse baptisatum, unde quserit utrum Maria sit adhuc libera ita ut Catholicum et felicius matrimonium inire queat. Unde qua^ritur:
1. Quo jure statuantur impedimenta mixtai religionis et disparitatis cultus?
2. Quomodo intelligendum effatum — Baptismus dubius censetur validus in ordine ad matrimonium?
3. Num liceat privata auctoritate divortium semiplenum institucre?
4. Quid ad casum?
Solution
1. By what law are the impediments of mixed marriage and difference of religion established?
Marriages between Catholics and non-Catholics are
319
320 CASES OF CONSCIENCE
forbidden by natural, divine, and ecclesiastical law; if the non-Catholic party is not baptized, the impediment is diriment by custom having the force of universal law.i
2. How is the rule to be understood about doubtful Baptism and marriage.
Theologians are not agreed. Lehmkuhl holds that where the Church's authority has intervened in such a case, the words are to be taken quite literally, and that the impediment is removed if it existed on account of the non-Baptism of one of the parties.^ Wernz, Genicot, and othere hold that the rule rests on presumptions, so that if the truth afterwards becomes certain, the pre- sumption ceases.3
3. Is separation by private authority a tow et tnensa allowed?
Yes, by mutual consent for the purpose of leading a more perfect life and wlien there is no danger of incon- tinence. The innocent party may separate from the other by private authority if that other has been guilty of certain and notorious adultery, as also for a time on account of serious danger to soul or body.-*
4. The case. The dispensation for a mixed marriage in all probability did not remove the impediment of dif- ference of religion which really existed between the parties. Indeed the bishops in England as a rule have not authority to dispense from the diriment impediment of difference of religion, though they can dispense in a mixed marriage. Hence, according to the better opinion, Mary's marriage
> Manual of Moral Theology, vol. ii, 308 ff.
2 Theol. Moral., vol. ii, 985.
3 Manual of Moral Theology, vol. ii, 313. * Ibid., 281.
MIXED MARRIAGE 321
Tv-ifh Titiiis was null and void. However, the parish priest may not on his own authority allow her to marry Paul. Both ecclesiastical and civil law stand in the way. He should collect all the evidence that he can, submit it to the bishop, and then await the result.
31
IMPEDIMENT DISPENSED
TiTio missionario sacerdoti fuerunt duo parochiani in secundo mixto cum tertio gradu consanguinei qui sponsalibus initis et prole illegitima suscepta contrahere matrimonium voluerunt. Titius dicebat se dispensa- tionem ob prolem legitimandam et ob angustiam loci petiturum, quam mox ab Episcopo obtinuit. Proxima dominica in ecclesia banna fuerunt proclamata et tandem matrimonium fuit contractum, non tamen ante mortem prolis nee ulla fuit mentio sponsis facta de dispensatione obtenta. Quibus auditis Paulus alius missionarius de validitate matrimonii dubitare incoepit. Unde quaeritur:
1. Num et qualis causa dispensationis matrimonialis admittatur?
2. Quibusnam angustia loci sit causa canonica?
3. Quomodo sit dispensatio matrimonialis fulminanda?
4. Quid ad casum?
Solution
1. Are causes for dispensation admitted in matrimonial impediments and what sort?
Not, of course, for impediments of natural or divine law, nor for all impediments of ecclesiastical law, but the Church does admit causes for dispensation from the re- moter degrees of consanguinity and affinity, public honesty,
322
IMPEDIMENT DISPENSED 323
spiritual relationship, occult crime, etc. Canonical causes are required for dispensations, such as: smallness of the place, advancing age of the woman, deficiency or absence of dowry, etc., as put down in the Instruction of Propaganda May 9, 1877.i
2. For whom does smallness of place serve as a canonical cause?
For the female petitioner alone, as a general rule.-
3. How is a matrimonial dispensation to be executed? No special form is prescribed for the execution of a
dispensation. In the internal forum the priest should carefully note and execute the clauses of the rescript, and tell the penitent that he is dispensed. In the external forum, the bishop after the causes alleged for the dis- pensation and the other particulars have been verified, and the dispensation dra\Mi up and signed, will either execute the dispensation himself by calling the parties before him, absolving them from censiu-es, and telling them that they are dispensed; or he will commit these duties to the parish priest.3
4. The case. The impediment under which the parties labored is one of those which are called minoris gracilis, and from which bishops can usually dispense by special faculties granted to them by the Holy See. We presume, therefore, that the dispensation was granted by the bishop. It took its effect and removed the impediment when the document was signed by the bishop. At that time apparently the child was alive, so that both causes alleged for the dispensation subsisted when it was granted,
' Manual of Moral Theology, vol. ii, 339 ff.
2 Ibid., 343.
' Gasparri, De Matrira., vol. i, n. 392 seqq.
324 CASES OF CONSCIENCE
and although one of them ceased before the marriage, this fact did not affect the validity of the dispensation. The marriage, therefore, was validly contracted, although the parish priest should have executed the dispensation in the manner described above.
32 A COMPLICATED CASE
Caius matrimonio cum Martha Dublinii contracto post paucos annos iixore dorni relic ta Amcricain petiit. Paulo post Martha qxco amore capta Titii acatholici et consan- guine! in tertio gradu Caii cum eo luxuriose versa ta est. Quum jam decern anni elapsi cssent et nihil de Caio audivis- sent Titius valde urgebat ut relicto Dublinio Liverpolium irent. Consentit tandem mulier et ibidem in ecclesia Protestantica ad evitandas quaestiones molestas dc libero eorum statu, matrimonium contraxerunt. Postea quum sex annis in urbe commorati essent et liberos susccpissent, audi\dt Martha a pluribus testibus mediatis quidem at fide dignis Caium in America obiisse. Tempore missionis dolore correpta miserrima ad Joannem confessarium accedit. Audit ipse historiam Marthae et testimoniis pro morte Caii bene perpensis judicat nihil obstare quominus obtentis dispensationibus matrimonium cum Titio ineat. Quocirca ad rem componendam Htteras episcopo scribit, de Titio et Martha concubinariis narrat, pro dispensation- ibus reciuisitis supplicat, nihil tamen innucns de Caio forte supcretite nee de matrimonio mala fide jam attentato. Unde quaeritur:
1. Dubio cxorto de impedimento ligaminis cuinam incumbat judicare de statu libero eorum (jui matrimo- nium contracturi sint?
325
326 CASES OF COXSCIENCE
2. Quaenam dispensationes requirantur et qusenam circumstantiae explicari debeant in casu pro validitate dispensationum?
3. Quid dicendum de modo agendi Joannis?
Solution
The first question was answered above, p. 273.
2. WTiat dispensations are required and what circum- stances must be explained in tlie case for the vaUdity of the dispensations?
Titius was not a CathoHc, and he was related in the third degree of consanguinity to Caius, the firet husband of Martha. Moreover, as there was adultery and attempted marriage by the parties, there exists between them the impediment of crime. Dispensations, therefore, for a mixed marriage, for affinity in the third degree, and for the crime of adultery with attempted marriage will be required. Besides, the evidence cited in the case is not sufficient to produce moral certainty of the death of Caius by itself; and at any rate in such circumstances it is for the bishop to judge whether the party is free or not; a simple priest is incompetent in such a case.^
The circumstance that marriage was attempted in bad faith in the Protestant Church must be mentioned in the petition for a dispensation, and this is required for its validity according to the Instruction S. C. de P. F., May 9, 1877.
3. The case. John did very wrong and made several serious blunders. He usurped the office of the bishop by deciding that the parties were free to marry, though
1 Genicot, vol. ii, 492.
COMPLICATED CASE 327
there was not eonrlusivo and first liand evidence of (he death of the first husl)and of Martlia. lie made no mention of tlie attempted marriage in bad faith and in the Protestant Church, and from this we may gather tliat he failed to detect the existence of the imj)ediment of crime between the parties. He should take the earliest oppor- tunity of repeating his Moral Theology.
33
MARRIED A WIDOW WITH THREE CHILDREN
Ad pedes Caii confessarii accedens Balbus Catholicus facta sequentia exponit,. Nunc annos triginta natus anno praecedenti spretis legibus ecclesiae matrimonium con- traxerat coram ministro Protestantico cum Titia acatholica vidua quadi'agenaria et tribus liberis onerata ex priori conjugio. Nee fuerunt ignari impedimentorum, nam Balbus erat consanguineus Titise in tertio gradu collaterali insequali mixto cum secundo, et prseterea rem habuerat cum Bertha sorore Titise. Balbus nunc poenitens petit a Caio ut dispensationibus obtentis rem componat, pecca- tum vero cum Bertha Caio soli revelasse affii'mat.
1. Quodnam sit discrimen inter impedimentum publi- cum et occultum?
2. Quaenam sint rationes praecipuae quas S. Sedes habere solet sufficientes ad dispensationes concedendas?
3. Quomodo possit dispensatio invalida evadere ob subreptionem vel obreptionem?
4. Quot dispensationes sint requisitse in casu; (lusenam causae possint a Caio allegari; quid a Caio faciendum?
Solution
1. Wliat is the difference between a public and occult impediment?
Public impediments are those which of their own nature or in fact are known to the greater number of people in
328
MAURI KJ) A WIDOW WITH TllliKK CIIILDREX 320
the parish, and can be |)r()vc(l l)\' wiliicsscs; occult im- pediments are those which can not Ik; proved by the evidence of two witnesses.
The second (luestion was answered above, p. 322.
3. How can a dispensation become invalid by subrep- tion or obreption?
Subreption is the omission of what should be mentioned; obreption is a false statement. Subreption or obreption in the petition for a dispensation render it invalid if they occur in the motive cause, not if they occur in the impulsive cause for granting a dispensation. ^
However, dispensations minoris gradus are granted by the S.C. on the disciphne of the Sacraments ex motu proprio et ex certa scientia, and are not invalid on account of subreption or obreption .^
4. How many tUspensations are required in the case; what causes may be alleged by Caius; wliat is to be done by Caius?
There is the prohibitory im})ediment of mixed marriage, the public impediment of consanguinity in the third degi'ee mixed with the second in the collateral line, and the occult impediment of affinity ex copula illicita in the fii-st degree of the collateral line on account of the sin with Bertha.
As Titia is not a Catholic no account can be taken of her in asking for a dispensation. Putting a stop to grave scandal, and open and incestuous concubinage, may be alleged as causes for a dispensation. The mamage in bad faith before the Protestant minister should also be mentioned, though it may make the dispensation more difficult to obtain. Caius should first ask the
1 Manual of .Moral TIu'oIokv, vol. ii, 342.
2 NoriiUL' IVculiares, Srpl. 2!», 1908.
330 CASES OF CONSCIENCE
bishop for a dispensation for the mixed marriage, and the impediment of consanguinity, without mentioning the occult impediment. He should then apply to the Penitentiary in Rome for a dispensation from the occult impediment, mentioning the other public impediments in the case.i
1 Gasparri, De IMatrim., vol. i, n. 327.
34
WHICH BISHOP HAS JURISDICTION?
TiTius Catholicus qui degebat in vico qiiodam clioccesis A. sponsalia iniit cum Bertha sui consobriiii lilia aeatho- lica, quae in parvo vico habitabat dioecesis B. Quo facilius sponsam inviseret et ut loco ubi laborabat esset propin- quior, ad tres menses ifides conduxit Titius in vico Berthse. Quuni fornicationem commisissent v.t matrimonium esset urgendum ob expectatam prolem, ad Julium missionarium loci accessit Titius et petiit ut dispensationes necessarias obtineret, quum frustra peteretur dispensatio ad mixtum matrimonium ineundum in diccccsi propria. Julius invenit Bertham habere viginti sex annos, optime esse dispositam ad fidem amplectendam, nolle tamen eam amplecti ante matrimoniimi ob repugnantiam parentum. Unde quaeritur :
1. Quajnam in genere sint in supplici Hbello exprimenda quando dispensatio matrimonialis petatur?
2. Qusenam existant impedimenta et qu«nam causae dispensationis dandae in casu allegari possint?
3. Quid ad casum?
Solution
1. Wliat in general must be inserted in the petition for a dispensation?
The name and surname of the petitioners, the diocese of birth or domicile, the species and numl)cr of impediments,
331
332 CASES OF CONSCIENCE
the degree of consanguinity, affinity, etc., and various circumstances.^
2. What impediments are there in the case, and what causes may be alleged for the dispensation?
The parties are related in the third degree of con- sanguinity mixed with the second in the collateral line, and they are of different religions, so there are two im- pediments, consanguinity and mixed religion. As Bertha is not a Catholic, no account can be taken of her when asking for a dispensation. Previous connection, pregnancy, and legitimization of offspring, danger of a ci\dl or non- Catholic marriage, may be alleged as causes for the dis- pensation.
3. The case. If Titius has not yet lived in the diocese B for a month, the bishop of that diocese has no jurisdic- tion with regard to his marriage or granting the dispensa- tion. If he has lived there for a full month he can be married there according to the decree Ne temere. Most probably the same bishop also obtains jurisdiction over Titius by his month's stay in the diocese so that he can grant dispensations for impediments which hinder his marriage. Otherwise the bishop of diocese A will alone be competent to grant the requisite dispensations, unless Titius is prepared to go direct to the Holy See. 2
' Manual of Moral Theology, vol. ii, 346. * Vermeersch, A'e temere, n. 98 bi.s.
35
REVALIDATION OF MARRIAGE
Anna rcligione anglicana per aliquot hebdomada.s degebat quodani loco ad quern valetudinis causa multi confluere solcnt. Ibi petit a Philippo loci missionario Catholico ut in Ecclesiam recipiatur. Philippus invenit earn optime instructam et bene dispositam et nihil videri obstare quominus statim in Ecclesiam recipiatur. Atta- men invenit cam matrimonio esse conjunctam cum con- sobrino pariter anglicano (]ui putat matrimonium esse validum et nullatenus consentiret iterum publice vcl privatim renovare consensum. Unde quceritur:
1. Quinam subjiciantm- legibus Ecclesiae matrimoniali- bus? Num hffiretici?
2. Num ignorantia vol incomnuxlum grave ab imped- imento dirimente matrimonii excuset?
3. Ad quem sacerdotem spcctet tractare causas ma- trimonialos?
4. (^uid a Philippo faciendum?
Solution
Tlie first question was answered above, p. 292. 2. Does ignorance or grave inconvenience excuse from a diriment imi)ediment of marriage?
Neither ignorance nor a gi-ave inconvenience, affecting
333
334 CASES OF CONSCIENCE
indi\iduals only, excuses from Ji diriment impediment. A grave inconvenience of a public nature does excuse.^
3. To whose office does it belong to treat of marriage cases?
Marriage is a parochial sacrament and it belongs to the parish priest to treat of anything concerning it. Where there are several priests who have the cure of souls in one parish, it belongs to the head priest to treat of marriage cases, but with due dependence on him the othere may also undertake them.
4. The case. Ann's marriage with her cousin was invalid on account of the diriment impediment of con- sanguinity in the second degree of the collateral line. It is of its own nature a public impediment, and if Ann does not know of it now, she may find it out at any time. To prevent future difficulties it should be revalidated, and also because if the parties are in good faith, even mate- rial sins should be prevented as far as possible. Philip therefore should write to the bishop of the diocese in which Ann is staying, if she has been there for at least a month, and where she mil be received into the Church, and ask liim to grant a dispensation for revahdating a mixed marriage between cousins in favor of one who has been converted. The dispensation should be granted to take effect when it is executed. Ann should induce her husband to appoint a proxy for him; it is to be presumed that he will do at least this to please his wife. Then on the day on which Ann is received into the Church, Philip can execute the dispensation at once, and revalidate the marriage by causing Ann and the proxy to go through the form of marriage before him and two witnesses. If
1 Miinuid of Moral TIkhjIosy, vol ii, 285 f.
REVAUDATION OF MARRIAGE 335
Ann has not lived at the place for u full month, she should be received into the Church and dispensed in her own diocese, unless her bishop has power to dispense his sub- jects during their absence from the diocese, as bishops sometimes have.^
^ Putzer, Comment, in Facult. Apostol., n. r)2.
36 COHABITATION OF MARRIED PEOPLE
Caia Catholica et uxor Titii Protestantici, officialis in quadam colonia, venit in patriam ut in\igilet circa educa- tionem filiarum in conventu monialium habendam, quo fine ducta prope conventum habitat. Post aliquot menses Titius rogat imo jubet ut ad ipsum revertatur, Caia tamen semper se excusat eo quod debeat educandas filias ipsa curare, ac tandem Titius publice concubinam sibi assumpsit. Quo audito Caia de praeterito ac futuro anxia petit a con- fessario utrum teneatur ad maritum revertere. Unde quseritur:
1. Qusenam sint obligationes conjugum quoad cohab- itationem?
2. Num liceat publica vel privata auctoritate divortium semiplenum instituere?
3. Utrum pares sint in juribus quoad semiplenum divortium maritus et uxor?
4. Quid ad casum?
Solution
1. What are the obligations of married people with regard to cohabitation?
From the nature of the marriage contract and to secure the ends of marriage those who are married are bound to live together, unless by mutual consent they agree to live
336
con ABIT AT I0\ OF MAIiRIEh PEOPLE 337
apart for a time and there is no danger of scandal or incon- tinence. This obhgation is one of justice and is grave in serious matter.^ The second question was answered above, jj. 20().
3. Are Inislnuid and wife 0(iual in llic matter of rights about separation?
In general, husband and wife are equal in the matter of conjugal rights, though the husband as head of the family has authority over her and is her superior. The causes then, such as adultery, on account of which one consort is allowed to separate from the other, favor hus- band and vdic equally. Because the husband has the duty of providing for the family, lawful causes of absence from his wife will more frequently exist in his case than in hers, and because of this and of her inferior position the wife will be called upon in general to follow her husband, and not vice versa.
4. The case. Titius was a colonial official, and his wife Caia went to the mother country to see to the educa- tion of her daughters. She put her daughters in a convent and took up her residence in the neighborhood. Her husband sent for her but she refused to go, under the pretext that she had to look after the education of her daughters. She became uneasy in conscience when she heai'd that her husband was hving with another woman.
Caia's uneasiness was justified. Her husband bade her come out to him and she had no good reason for refus- ing. The education of her daughters would probably proceed better \\ithout her presence than with it. Objec- tively she committed a grave sin in not obeying her hus- band and exposing him to the danger of incontinence. * Gdnicot, vol. ii, n. 552 ff.
338 CASES OF CONSCIENCE
She is bound to do what she can to repair her fault and bring back lier husband from his sinful course of life. But now on the supposition that Caia knows for certain that her husband has conniiitted adultery she has the right to separate from him. Although her disobedience was the occasion of his sin, yet we must not presume that she acted as she did with the view of making him commit adultery, and on that supposition she did not lose her right to separate from her husband on account of his adultery. 1
1 Gasparri, De Matrim., vol. ii, n. 1113.
37
A TROUBLED WIFE
Caius coiifessarius rogal (juid a se sit in casu sequenti faciendum. Ad confessionem accessit Titia conjux Titii quos bene utpote parochianos cognovit Caius. Post confessionem peractam Titia rogabat utrum congressus maritalis quin maritus opus debite perficeret licitus esset. Quum Caius negasset respondit Titia maritum id affirmare imo ssepe ex consilio medici propter debiles uxoris vires, quae pariendi et nutriendi prolem sit minus capax, ita agere. Tacuit tunc Caius, sed crevit difficultas quum mox ad confessionem accesit Titius nee tamen verbum de re ciun uxore male gesta dicebat. Unde quseritur:
1. Num constet onanismum esse peccatum et fjuale?
2. (^uod consilium sit uxoribus dandum anxiis de onanismo a maritis patrato?
3. Num monendi sunt poenitentes in bona fide con- stituti de male a se patratis?
4. Quid ad casum?
Solution
1. Is it certain that onanism is a sin and what sort?
From the way in which Holy Scriptiu-e mentions it {Gen. xxx\dii. 9), from the teaching of the Church, and
339
340 CASES OF CONSCIENCE
because it is a gross perversion of nature, it is certain that onanism is a grave sin.^
2. Quod consilium sit uxoribus dandum anxiis de onan- ismo a maritis patrato?
Monendae sunt ut faciant quod in se sit ut mariti debito modo actum perficiant, quod si non succedant, modum ne approbent, et licite materialiter tantum cooperentur in peccatis maritorum.^
3. Are penitents to be admonished who in good faith do what is wrong?
They must be admonished if what they do is a cause of pubhc scandal, or if their good faith is not perfect and they are doubtful about the matter. They must be admonished also if in all likehhood they would obey the admonition. If the admonition would be productive of more harm than good it should not be given.^
4. Ad casum. Quamvis bona fides circa liceitatem onanismi non sit prorsus impossibilis etiam apud Catholicos, attamen ad longum tempus perdurare vix potest. Episcopi enim et sacerdotes imo et honesti laici claris verbis et scriptis illud crimen condemnare solent. Quando igitur Titius ad confitendum accedit, nee tamen de onanismo quidquam elicit, debet Caius generalibus verbis eum interrogarc num alicjuid habeat quod conscientiam remor- deat, vel ahquid simile. Quod si neget Titius, videtur Caium posse acquiescere ac absolutionem impertire. Credendum enim est poenitenti tum pro so turn contra se loquenti. Nee licet Caio manifestare quod ex Titise confessione audivit. Si vero Titia iterum rei mentionem
' Manual of Moral Theology, vol. ii, 363. 2 Ibid., 363. » Ibid., 223.
A T HO L BLED WIFE 341
incTTat, {k'hot Cains ai)C'rte <licore rem esse proi-sus illicitam, Tiliani oportcro faccrc (luotl possit ut maritum corrigat, ac si nihil profifial cntn posse materialem coopcrationem prajstare actui (|U('iii inipcdii-c iioii \-al('a(. <^)uoad pericula vcro sanitati vel etiam vita? (}ua3 medici alicjuando exag- gcrare solont Titia sc Deo committat.^
iBucceroni, Theol. Moral., vol. ii, n. 824; G6nicot, vol. ii, n. 551.
38 A HUSBAND IN DIFFICULTIES
Caius confessario narrat se esse anxium de modo agendi cum propria iixore. Hsec eiiim, ait, valde est debilis, imo medicus quidam peritus earn nonnisi cum proximo periculo mortis iterum parituram declaravit. Ipse Caius e contra robustus est, et vix ullam spem se continendi habet. Imo ssepe tactibus impudicis cum uxore in lectulo indulsit, luide non raro pollutionem est passus; aliquando copulam incepit nee tamen perfecit ob metum ne proles generaretur. Vult lisec omnia quatenus peccaminosa confiteri, et consilium de futiu-o humiliter rogat. Unde quaeritur:
1. Qusenam sint obligationes mari tales conjugum, et queenam ipsis permittantur?
2. Num quocumque tempore copula habeatur sequa sit spes prolis generandse.
3. Quid ad casum?
Solution
1. Quaenam sint obligationes mari tales conjugum, et qusenam ipsis permittantur?
Conjux sub gravi tenetur alteri rationabiliter petenti reddere debitum conjugale, ac proinde simul cohabitare conjuges regulariter obligantur. Praterea signa con- jugalis amoris sunt a conjugibus mutuo exhibenda. Quae iis licent in sequenti regula continentur: " Quod utile est ad actum conjugalem exercendum licet; quod est
342
A HUSBAND IN DIFFICILTIES 343
contra prolis gencrationem vcl teiulit ad illam iiiii)odiendam est graviter illioitum; <|ihkI iioii est coiitni prolis gcnera- tionom, (|uamvis t>it piietcT illam, saltern iioii est graviter illieituni." '
2. Niini (|U()cuiii(iu(' tciiiporc copula hahcatur tequa sit spes prolis goiieraiuhe?
lies est iiieerta. Aliqui putabant tompus inter duos dies ante monstruatioiiem et qiiatuordeoim dies post esse magis ajjluiii ad iirolcin certius gcticraiidaiu, ac proiiidc si conjuges noliiit prolem ex copula sequi eos posse evitare hoc temporis spatium et copulam exercerc extra illud. Nihil prohibet (luominus ita faciaiit, sed utruiii fiiiem intentum adepturi siiit valde dubium est.^
3. Ad casum. Tactus ita iiiii)U(licos exercerc ut ])rox- imum pollutionis periculum inducatur etiam conjugibus sub gravi pi-ohibetur. Tactus uon ita impudicos exercerc citra proximum ))ericulum pollutionis (piamvis aliquando pollulio s('(iuatui" cui tamen non consentitur nee cjuae intenditur non censetur sub gravi conjugibus prohibiten, ne sub veniali (luideni dummodo sit causa justa, qualis est amor conjugalis fovendus. Juxta has regulas judicium est ferendum circa tactus impudicos a Caio exercitos. Copulam incipiendo nee tamen perficicndo ob metum prolis generandffi onanistice et gra\iter Caius peccavit, nisi experientia ipsi constet eum posse ita agere sine prox- imo periculo pollutionis.^
Quoad futuruni Caius honesto et debito modo ofRcia maritaUa exerceat, sc ipsum ac uxorem magna cum fichicia Deo committendo.
' Manual of Moral Thoolopy, vol. ii, 302. "^ Gdnicot, vol. ii, n. 551. « Ibid., 551.
39 UNWILLING TO RETURN TO HER HUSBAND
TiTiA Catholica petit a coufessario utruni ad Titiuni mar- itum revertere tencatiir in s(Miueiitibus t'ircumstantiis. Titius multo semper fuit vencri deditus ita ut per vitam maritalem singulis fere noctibus et aliquando bis vel ter eadem nocte debitum peteret quod etiam verberibus uxori exigeret. Tantam abominationem erga maritale debitum ac erga Titium concipiebat Titia ut separationem a toro et mensa ob viri sse^^tiem obtineret qui etiam ob amentiam excessu venereo causatam in asylum esset detrusus. Post annum sanitate recuperata Titius asylum reliquit et statim petiit ut uxor ad se reverteret. Titia eamdem ac antea alDominationem invincibilem adhuc experta ad eum redire non vult nisi sub gravi peccato ad id teneatur. Unde quieritur:
1. Quid sit divortium semiplenum el quas ob causas permittatur?
2. Num tale divortium in curiis C'i\dlibus peti possit?
3. Causa divortii cessante num pars innocens ad vitam maritalem redire teneatur?
4. Quid ad casum?
Solution
The first question was answered above, p. 26() f. and the second, p. 268.
3. ^^Tlen the cause for separation ceases is the innocent party bound to return to marital hfe?
344
UNWILJJNC, TO REri'RX TO I/Eh II r SHAM) ;■!}:,
There is (lucstion here only of tliosc causes which ^i^wv. a right to (cinporary sci)aratioii between married peojjle, and the general rule is that after the cause of separation has ceased, the party who took advantage of it to separate must return a<2;ain to married life. However, the follow- ing words of St. Alphonsus have a {practical bearing on the case before us: '* Notant autem Salmanticenses n. 40 cum Die., in praxi vix credi posse quod ces,-;et un(|uam pcriculum si eonjux fuerit aniens, et furiosiis, vel ita pronus ad iram ut sa^pe intervenerit periculum damni et ali(iuando uxorem vulneraverit." ^
4. Th(> case. The fe(4ing of disgust which Titia feels for her husl)and would not of itself justify her in refusing to return to liim. But if we consider the circumstances of the case, the tendency of the husband to excess, the probability that this tendency will again cause cruelty to his wife and perhaps bring on insanity again. Titia does not seem to be under the obligation of returning to her husband. The words of Dicastillo quoted by the Sal- manticenses are appropriate: " Non possum tamen non \idere aliciuas ex his causis \'ix tuto posse credi cessa.sse omnino. Insanus et furiosus (juam facile potest iterum insanire? "
iTheol. Moral., lib. vi, 971.
CENSURES
A MISTAKE IX THE MAN
Caius missioiuirius sacerdos graviter Titiiim paroch- ianum offendit ejus vitia arguendo. Postea dum cum sociis bibebat eis verba Caii probrosa repetebat Titius ac eum poenam luitiu-um affirmabat. Diun noctu domum revertebatur ob\aam ibat sacerdoti quem Caium putabat, et pede inter ejus crura interposito impulsu humeri in \da publica prosternebat. Postridie in ephemeride legit Pau- lum sacerdotem ac Caii adjutorem fregisse brachium cadendo in loco ubi Titius sacerdoti obviam fiebat ac postea nihil mali Caio qui domi manebat accidisse certior est factus.' Proxima hebdomada facti poenitens ad confessarium accessit Titius et quid fecisset magno cum pudore est confessus. Unde quseritur:
1. Quid sit pri\dlegium canonis et num lex sit poenalis an prohibens?
2. Quinam sit hujus pri\ilcgii finis et quomodo sit interpret andum?
3. Num error circa personam cui injuria inferatur prohibeat tiuominus sit injuria formalis et actus voluntarius?
4. Quid ad casum?
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348 CASES OF CONSCIENCE
Solution
1. "\Miat is the privilege of the Canon and is it a penal or prohibitory law?
The privilege of the Canon grants to all ranks of the clergy and to rehgious Orders personal inviolability, so that any one who unlawfully uses violence against them incurs excommunication, the absolution of which is re- served to the Pope. It is a law which both prohibits and penalizes such violence.^
2. ^^^lat is the object of this privilege and how is it to be interpreted?
The object is to safeguard the dignity and honor of the clerical state. In accordance with this object it must be interpreted favorably, and as widely as possible.
3. Does a mistake about the person injm-ed prevent the injury being formal and the act voluntary?
Many teach that it does on the ground that there was no intention to injure this person, and so the act is casual, not voluntary, with respect to him.^
4. The case. Titius certainly committed a grave sin by his unwarranted and malicious act. The cxcomnumica- tion, however, inflicted now by the second of the censures reserved to the Pope by the Constitution of Pius IX, Apostolicce Sedis, must be interpreted strictly with regard to the conditions which are necessary that it may be in- curred. As many authorities of weight deny that an injury inflicted by mistake on the wrong person is voluntary, and an action which is involuntary is not punished by censure, therefore Titius did not incur the excommunication.
' Manual of Moral Theology, vol. i, 130. 2 St. AlphonsuB, lib. iii, n. G28.
PAROniTAL RTCITTS
Caius sacerdos et rcligiosus qui ciuamvis non habeat curam animariim facultatibus tamcn Ordinarii gaiidet administrandi, de licentia presbyteri ciiram aiiimarum exercentis, sacramenta Baptismi, Matrimonii, Extremse Unctionis, et S. Viaticum, vocatur ad amicum Pauluin qui periculose decumbit. Caius quidem scit presbyterum qui ibidem curam animarum exercet obstinate suis juribus stare, et exigere ut sua licentia toties quoties petal ur, attamen ex eo quod presbyter ipsi videatur irrationabilis, quin licentiam petat, ad amicum aegrotum convolat et ultima sacramenta ei administrat. Quem propterea ejus superior reputat excommunicatum, ac prsecipit ut prius petat absolutionem a censura quam Missam celebret. Unde quseritur?
1. Quid sit censura?
2. Quinam sint effectus excommunicationis?
3. Explicetur censura de qua in casu.
4. Quid ad casum?
Solution
1. What is a censure?
A censure is a spiritual and remedial penalty by wliich a baptized and contumacious delinquent is deiirived l)v
349
350 CASES OF CONSCIENCE
ecclesiastical authority of the use of certain spiritual advantages. 1
2. What are the effects of excommunication?
Excommunication deprives the excommunicated per- son of the use of the sacraments, sacramentals, and in- dulgences of the Church, of public suffrages and prayers; of the administration of the sacraments; of participation in the liturgical offices; of ecclesiastical jurisdiction; of the right to ecclesiastical bmial; and it makes null and void presentation to a benefice, or the conferring of an ecclesiastical dignity with jm-isdiction annexed to it.^
3. Explain the censure to which the case alludes.
The fom-teenth excommunication of those reserved to the Holy See by the Constitution Apostolicce Sedis is as follows: '' Rehgiosos praesumentes clericis aut laicis extra casum necessitatis Sacramentum Extremse Unctionis aut Eucharistise per viaticum ministrare absque parochi hcentia." The terms of this censure should be strictly inter- preted and therefore any ignorance or good faith will excuse a person from incurring it, and probably it is not incurred in countries like Great Britain and most parts of the United States, where parishes have not yet been erected and where therefore there are not parish priests. 3
4. The case. Caius may be excused from the censure because he acted to some extent in good faith, inasmuch as he thought the priest of the place an unreasonable stickler for his rights. Even if we grant that this idea of his was false, nevertheless it prevented him from pre- suming in the technical sense. If there are no parish
1 Manual of Moral Theology, vol. ii, 367.
2 Ibid., 377.
' G6nicot, vol. ii, n. 604; Sabetti, n. 1002.
priests in the place; whore tlic case happened, Caius may be excused on this ground also. However, he did wrong in intruding into the district assigned tf) another without leave. His Superior, therefore, was justifi('(l in I'oihidding him to say Mass until he hud obtained absolution. The Superior regartled him as under censure in the external forum.
3
A FALLEN PRIEST
Caius sacerdos proviiicia} Anglia? ebrietati aliisque vitiis coepit incliilgcre, obligationes quoqiic clericales negligens theatrum publicum ubi scenica spectacula agebantur iiivisit. Paulo post facultatibus ab Episcopo prjvatus secessit in Scotiam ubi munei'a sacerdotalia sub alio Episcopo iterum exercere incepit. Qua? omnia Titius Caii confessarius quum didicisset inde dubitabat quid esset faciendum, nam Caius numquam absolutionem petierat a quolibet censur® propter frequentationem theatri in Anglia sacerdotibus imposit«. Hinc qua?ritur:
1. Qualis poena propter frequentationem theatri sacer- dotibus Anglicis imponatur?
2.^Quinam sint suspensionis effectus?
3. Quomodo censura cesset?
4. Quid ad casum?
Solution
1. What penalty is imposed on EngUsh priests for fre- quenting the theater?
The Fourth Council of Westminster decreed as follows: " We strictly prohiloit ecclesiastics who have received sacred Orders from being present at stage representations in public theaters, or in places temporarily made use of as puljlic theaters, under the penalty to transgressors of
352
A FALLEX PRIEST 353
suspension to ho incurred ip.so facto such as has hitherto been the ruk; in all parts of Kn^land with reservation t(j the respective ordinaries." '
2. What are the el'fects of susj)ensi()n?
Total susjK'iision deprives tiie ciei-ic of tlic use of all sacred Orders, the exercise of his ofiice, and the fi-uits of liis benefice.-
3. How does a censure cease?
As a general rule a censure which lias been incun-ed only ceases when absolution has been obtained by the dehnqucnt from one who is competent to give it. Some- times, however, a censure is imposed to last as long as certain conditions last, and tlien on the termination of those conditions the censm-e ceases.^
4. The case. Caius incurred suspension reserved to his bishop by going to the theater. He had never been absolved irom this censure. His confessor Titius, or else Caius Jiinisclf, sliould wi-ite to liis forniei- bishop and ask him for powers t(j \m\ Caius straight. On the receipt of those powers Titius may deal with the case. In the meantime Caius should abstain from the exercise of his office as a priest under pain of grave sin. If since his suspension he has exercised sacred Orders solemnly, he has incui-red irregularity from which he must be dis- pensed before again exei-cising his functions.
' JMaimal of .Moral Theology, vol. i, 614. 2 Ibid., vol. ii, 380. ' Ibid., 373.
COUNTENANCING A DUEL
Caia venit ad Paiilum missionarium in Anglia sacerdo- tem ad confitendum ciii manifestabat se anno elapso in Italia duello astitisse ut amicum duello pugnantem robo- raret. Caia porro dicebat se absolutionem a parocho in Italia non potuisse obtinere quum hie affirmaret casum esse Papse reservatmn. Interroganti etiam Paulo Caia respondit se scivisse Ecclesiam sub pcenis omnem in duello participationem prohibere, at se opus caritatis posuisse quod recusare esset inhumanum, imo se iteruni in iisdem circumstantiis idem factiu-am. Paulus vero vult scire quid in casu facere possit ac debeat. Unde quteritur:
1. Quid sit censura et quscnam conditiones requirantur ut incurratur?
2. Quomodo censura cesset?
3. Quid sit insordescentia in censura et quosnam effectus producat?
4. Quid ad casum?
Solution
1. What is a censure and what conditions are required for incurring it?
Th(! first part of the question was answered above, p. 349.
354
COUNTENANCING A DUEL 355
Tlic conditions required that a censure may be incurred are: a sin grave internally and externally, completed, not altogether past, and committed with contumacy. ^
The second cjuestion was answered above, p. 353.
3. ^^^lat is msordescence in a censure and what effects does it produce?
Insordescence is the obstinate remaining of an excommu- nicated person in his excommunication for a whole year without absolution. The Council of Trent decreed (Sess. XXV, c. 3 de Ref.) that such a pei-son might be proceeded against as suspect of heresy. If he does not purge his heresy he should be declared a heretic after the lapse of another year.^
4. The case. The third of the exconnnunications re- served to the Pope by the Constitution Apostolicce Sedis is couched in these terms :
" Duellum perpetrantes, aut simpHciter ad illud })rovo- cantes, vel ipsum acceptantes, et quoslibet complices vel (jualemcumque operam aut favorem praebentes, necnon de industria spectantes, illudque permittentes, vel quan- tum in illis est non prohibentcs, cujuscumque dignitatis sint, etiam regahs vel impcrialis."
It is obvious, therefore, that Caia had incurred this censure by being a spectator of the duel with the intention of giving courage to her chami:)ion. She seems also to have had sufficient knowledge that she was doing something prohibited under censure by the Chm'ch. She is not 3''et penitent, and Paul's first task ^^•ill be to try to make her see the gravity of her sin and express her sorrow and repent- ance for it. ^^^len she is disposed he will l^e iihh to absolve
1 Manual of Moral Theology, vol. ii, 369. ^ Lchmkuhl, vol. ii, n. 1148.
356 CASES OF CONSCIENCE
her by virtue of tlie special faculties which confessors in England receive tlu'ough their bishop from the Holy See. She does not seem to have fallen into insordescence, for she tried to get absolution before, and the case does not state that she remained a whole year under excommu- nication.
A MASONIC BALL
QuoDAM in oi)pido Aiiglico celebrabatur saltatio Mas- sonica lit pccunia colligeretur danda hospitiis publicis oppidi. Invitabantur ad saltationem cives prsestantiores inter quos Lucius Catholicus, qui ibat et sununam pccunia? solvebat quia, ut ait, iniprobum esset habere inimicos ita potentes concives. Postea tamcn rem confitetur suo confessario qui dubitat utruni Lucius propterea cen- surae subsit. I'lde quieritur:
1. Qua3 poena statuatui- contra societates secretas?
2. Qua3nam soc etates ccnseantui* prohibits)? Num Fenians? Num Oddfellows?
3. Num sccta Massonica in Angha comprehendatur lege ecclesiastica dc dicta secta?
4. Quid ad casum?
Solution
1. Under what penalty are secret societies forbidden?
They are forbidden under pain of cxconmiunication reserved to the Pope by the Constitution Apostoliccc Sedis (n. 4): " Nomen dantes sectse Massonicse aut Car- bonarise, aut aliis ejusdem generis sectis qua? contra Ecclesiam vel legitimas potestates scu palam, seu clan- destine machinantur; nee non iisdcm sectis favorem qualemcumque pra3stantes; earumve occultos coryphaeos
357
358 CASES OF CONSCIENCE
ac duces non denunciantes, donee non denunciave- rint." 1
2. ^^^lat societies are forbidden? Are the Fenians and Oddfellows?
All societies are forbidden by the above censure which publicly or in secret plot against the Church or against lawful civil authority. In general a society which enjoins the keeping of a secret so absolutely that it may not be revealed even to ecclesiastical authority, or which exacts an oath or promise of blind obedience, must be regarded as forbidden. By a decree of the Holy Office, Jan. 12, 1870, the Fenians were declared to be comprised in the above censure. The American Oddfellows were condemned Aug. 20, 1894. Whether or not they are condemned under the above censure is disputed. English Odd- fellows do not form one society with the American Odd- fellows, and so it can not be said for certain that they are condemned.
3. Are Freemasons in England condemned by the above censure?
Yes, English Masons are recognized by their foreign brethren as such, and foreign Masons are received in the English lodges. Renunciation of Masonry is imposed as a condition of being received into, or reconciled to the Church.
4. The case. The question whether Lucius incurred the censure or not, will depend on whether his going to the ball and paying the money brought him under the clause — iisdem sedis favoreyn qualemcumque prcestantes. To incur censure under this head the favor must be shown
1 Manual of Moral Theology, vol. ii, 399.
A MASONIC HALL 359
to them as Masons, and with offect, so that the censure is not incurred unless the effect follows, i
There is no evidence in the case that Lucius did ilijs. He gave money to the liospitais, and he went to tlic Ijuii because he was afi'aid of offendin<;- the Masons. Although these actions niigiit in certain circumstances be described as favorem prccstante.'^, favoring the Masons, there is no evidence that in effect they chd so in Lucius' case. He did wron*;-, and |)r()l)al)ly <2;ave great scandal, but he did not necessarily incur excommunication.
' Ballerini-Palmieri, Opus Morale, vol. vii, 220.
A SPECIAL INTERDICT
Caius sacerdos missionarius in dioecesi quadam Anglise vult scire utrum posset absolvere hominem recenter ab Episcopo altcrius dicccesis cujus erat subditus a sacra- mentis inhibitum, dumniodo cssot rite dispositus sive esset impeditus (luoiniiius ad siium episcopum accederet sive non. Post trinam eiiim monitionem episcopus edixit: " I hereby inhibit him from approaching the sacraments, and forbid my priests to administer them to him, until he shall have proved his orthodoxy to the satisfaction of his ordinary." Unde {|UiEritm":
1. Quid sit interdictum, et (iua3nam sint ejus species diversse?
2. Quid sit censura ab homine, et quis ab ea absolvere possit?
3. Num suspendcretur poena inflicta si delinquens appellaret ad S. Sedem, quod fecisse videtur?
4. Quid ad casum?
Solution
1. What is an interdict, and what are its different species?
An interdict is a censure which prohibits the use of liturgical offices, some sacraments, and ecclesiastical burial. It is local, personal, or mixed, as it immediately
360
A SPECIAL INTERDfCT 361
affects the place, certain persons, oi- hoth. It is general or special, total or partial.'
2. What is a censure ah hominc, and who can absolve from it?
A censure; ah hominc is imposed not by a permanent law, but by a particular precept or sentence of an eccle- siastical superior. Absolution from such a censure can only be had from him who inflicted it, from his Superior or successor in office, or from one delegated l)y one of these.^
3. Would the penah y inflicted be suspended by an appeal to the Holy See?
No, not when the penalty has been inflicted already. In that case there is only an appeal m devolutivo, or a simple recourse to the Holy See.3
4. The case. The question is whether a priest of another diocese may absolve the subject of a bishop who had interdicted the latter the sacraments until he had given satisfaction to his onhnary, and wlio had forbidden his priests to administer the sacraments to him. The answer is No. Such a special and personal interdict is a censure ab hominc, and it can only be absolved by the person who imposed it, by his Superior or successor in office, or by some one delegated by one of these. The delincjuent there- fore must com])ly with the condition imposeil, satisfy his ordinary as to his orthodoxy, and then he will be able to receive the sacraments like the rest of the faithful.
* Manual of Moral Thoology, vol. ii, 382. 2 Ibid., 373.
* Bucroroni, Thcol. Moral., vol. ii, n. 1000.
7 IS HE TO BE AVOIDED?
Decreto Vicariatus Urbis 29 Oct. 1907, sub culpa lethali illicitum edicebatur venderc, legere, vel retinere librum cui titulus II programma dei modernisti. Eodem decreto Pius X " auctores et scriptores cctcrosciue omnes qui quociuomodo ad hunc librum conficiendum operam contulerunt cxcommunicatioms sil)i soli reservatse poena " affecit. Additit Sanctissimus hoc decretum valere perinde ac si traditum esset in manus uniuscuj usque ex dictis auctoribus et scriptoribus, eosque si sacerdotes sint et actum Ordinis exerceant in irregularitatem incursuros. Titius igitur sacerdos qui notas quasdam scriptoribus istius libri praebuit rogat utrum sit propterea nominatim excommunicatus, et quibusnam effectibus sive excommu- nicationis sive irregularitatis subjiceretur si officia sacer- dotalia peragere prsesumat excommunicatus. Petitur ut Titio quantum fieri poterit satisfiat.
Solution
Titius furnished some notes for the composition of the book entitled II programma dei modernisti with knowledge of the use to which they were to be put, as we presume. Pius X excommunicated the authors and all others who in any way helped to compose tliis book. Titius therefore fell under the excommunication. He wished to know
3G2
IS HE TO BE AVOIDED? 303
whelhcr he was excommunicated by name and to be avoided. The answer is No, for as G6nicot says: " Xon smit vitandi quihbet excommunicati notorii vel (jui tantum cum aliis ejusdem criminis participibus generali quadam expressione (leclarati sunt excommunicati, sed non sunt designati proprio nomine vel titulo fjui nomini a^rjuivaleat " (II, 581).
Titius fmiher wishes to know what would be the con- sequences of his performing priestly duties in spite of the excommunication. As being under excommunication he would conunit grave sin if without necessity and without being asked to do so by the faithful, he were to administer the sacraments of his own accord. He would also commit grave sin if he were to say Mass. By solemnly exercising these functions of a priest Titius would also incur irreg- ularity, and if he remained under censure for a whole year without seeking absolution, he would become suspect of heresy.
IRRFXJULARITY
A PRIEST PRACTISING MEDICINE AND SURGERY
Caius medicus seculi vanitatibus renunciavit ut ordinem religiosiim ingrcdcrctur. Factus saccrdos quando vocatur ad infii-mos remedia praiscribere apta morbis corporalibus non haisitat, ita ut non raro medeatur turn animis turn corporibus parochianorum segrorum. Domesticis etiam data opportunitate idem prsestat; imo semel subito in periculo alicujus brachium amputa\it. Alii tamen religiose ejusdem ordinis dubium occiurit utrum ha^c omnia sint saeerdotibus licita. Unde qua^ritur:
1. Num et quatenus ars mcdica et chirurgica clericis prohibeatur?
2. Num et quomodo posset sacerdos exercens istas artes incurrere irregularitatem?
3. Quid ad casum?
Solution
1. Are clerics forl^idden to practise medicine and surgery, and how far?
According to the common opinion clerics are forbidden to practise medicine and surgery without an indult of the Holy See. Some, however, restrict the prohibition to studying medicine and surgery, and practising surgery. ^
* G6nicot, vol. ii, n. 36. 3G5
366 CASES OF CONSCIENCE
2. If a priest practised medicine and surgery could he become irregular and how?
He would become irregular if death followed from his performing a surgical operation which he is forbidden to do.i
3. The case. Caius had better restrict himself as a general rule to looking after the souls of his parishioners, and leaving the practice of medicine to lay doctors. Some religious Orders have a privilege of allowing their members who have studied medicine to prescribe for the sick where there are not suitable lay doctors. In the supposition that the case was one of necessity Caius was justified in amputating the arm, and as he did not commit sin by doing this, neither did he incur irregularity .^
1 St. Alphonsus, lib. vii, 384.
2 Ibid., viii, n. 384.
ECCLESIASTICAL BURIAL
MIXED CEMETERIES
Caius rector ecclesiae Catholicce in quodam oppido Anglico quasdam difficultatcs de coemeterio Titio con- fessario proposuit. Coemeterium enim totius oppidi incolis commune, est in tres partes divisum, quarum una Non- conformists, altera Anglicanis, tertia rite ab Episcopo consecrata Catholicis est assignata. Jamvero aliquando accidit ut conjux Catholica cum conjuge acatholico in parte ccemeterii acatholica, vel ut acatholica in parte catholica cum conjuge catholico sepeliri desideret; saepe etiam terra de tumulis catholicis superflua desumitur et ad cavum lequandum in parte ccemeterii non consecrata adhibetur, contra rcverentiam rei sacrae debitam, ut Caio \idetur. Utrum ha^c igitur sint licita Caius confessarium rogabat. Undo qua^ritur:
1. Quid sit sepultura ecclesiastica, et quibusnam sit deneganda?
2. Quomodo differant simplex tumuli benedictio ac ccemeterii consecratio?
3. Quid ad casum?
Solution
1. \Vliat is ecclesiastical burial and to whom must it be denied?
367
368 CASES OF CONSCIENCE
Ecclesiastical burial consists in being buried with the rites of the Church in consecrated ground. Catholic burial is to be denied to all who died out of com- munion with the faithful, and to those who on account of their crimes are forbidden it by the Church in the Ritual. 1
2. WTiat difference is there between simple blessing of the grave and the consecration of the cemetery?
The simple blessing of the grave is given by a priest when a Catholic is not buried in consecrated ground. It is invocativa, not consecrativa, and it does not make the grave a sacred place. ^
The consecration of a cemetery is performed by a bishop, or by a priest specially delegated by a bishop, with the rite contained in the Pontifical or Ritual.
3. The case. When they ask it for good reason it would seem that Caius with the leave of the bishop may bury Catholics with their non-Catholic spouses in the uncon- secrated portions of the cemetery,^ although per se there is a grave precept that Catholics should be buried in consecrated ground. It would seem also that he may bless the grave for the Catholic party. Non-Cathohcs must not be buried in consecrated cemeteries set apart for Catholics exclusively by ecclesiastical and municipal law. A CathoHc cemetery is polluted by the burial in it of an excommunicated person who was vitandus.
There is no reason why the refuse from the graves in the Cathohc part of the cemetery should not be taken to level other parts. The cemetery is made a sacred place for the
1 Manual of Moral Theology, vol. ii, .385.
* Many, De Locis Sacris, n. 143.
» Concil. Baltim., Ill, n. 317 scqq.; G6nicot, vol. ii, n. 627.
MIXED CEMETERIES 369
burial of Catholics by its consecration ; such consecration docs no( make the separate portions of earth and stones in (he cemetery sacred objects. There is then no ground for the scruple of Caius.
INDULGENCES
THE APOSTOLIC BLESSING
Caius sacerdos missionarius vocabatur ad moribundum Tertiarium S. Francisci qui post recepta sacramenta petiit ut jiixta privilcgium Tcrtiariis concessum sibi daretur Bencdictio apostolica cum indulgentia plenaria in arti- culo mortis. Quam quidem Caius concessit juxta for- mulam approbatam, ac ut sccurior esset moribundus, statim dcdit ei apostolicam bcnedictionem juxta Rituale. Quibus auditis alius sacerdos cum increpabat ddccndo plenariam indulgcntiam in articulo mortis scmcl tantum lucrari posse, et prsestare benedictionem dare apostoli- cam quando moribundus in eo est ut moriatur, ne postea peccando poenas luendas incurrat. Undo qua^ritur:
1. Num pluries dari possit moribundo bencdictio apos- tolica cum indulgentia plenaria in articulo mortis?
2. Num sit expectandus ipse articulus mortis verus ut detur ista bencdictio?
3. Quid ad casum?
Solution
1. Can the apostolic blessing with a plenary indulgence be given several times to a person in danger of death? No, it can only be given once while the person is in the
371
372 CASES OF CONSCIENCE
same danger of death either by different priests or by the same priest on different titles. i
2. Is the moment of death to be waited for in order that the blessing may be given?
No, the apostolic blessing may be given as soon as the recipient is in danger of death and capable of receiving the sacrament of Extreme Unction. The blessing only takes its effect in the true moment of death, and in the meantime its effect is suspended .^
3. The case, Caius did right to accede to the pious wish of the dying tertiary, and give him the papal blessing to which he had a right. He did wrong to repeat it immediately after according to the form in the Ritual. The Sacred Congregation of Indulgences has several times answered that the blessing may be given only once. On the other hand the second priest was wrong in saying that the papal blessing should be given when the recipient is actually dying; it takes its effect at that time if it were validly given and received, but it may be given as soon as the recipient is in danger of death, as was said above.
' Ojetti, Synopsis Rer. Moral., s.v. Indulgentia. ^ Genicot, vol. ii, n. 410.
2
THE JUBILEE
Lucius Catholicus turn bonus turn ingeniosus vult lucrari Jubilaeum recenter promulgatum. Inter opera prsescripta visitationes ecclcsice parochialis sexaginta solae (lifficultatem facessimt, quas hoc modo perficere statuit. Advertit enim visitandam esse ecclesiam " per quindecim continuos vol interpolates dies, sive naturales, sive etiam ecclesiasticos;" hinc mane priusquam ad negotia vadit diias visitationes ecclesiae domicilii facit, meridie aliam ecclesiam parochialem propc locum ubi negotia agit bis visitat, domum revei-sus vespere die ecclesiastico incoepto quatuor alias visitationes perficit; proximo die dominico, addit sex visitationes duabus consuetis ad Missam et ad Vesperas audiendas, et ita porro. Ad satisfaciendum conditioni orandi ad mentem Summi Pontificis nullam determinatam formam adhibet, sed nunc offert Missam auditam, nunc Rosarium recitatum, nunc piam medita- tionem factam. Unde quaeritur:
1. Quid sit Jubiheum, et quid ejusdem cxtensio?
2. Qua conditioncs et quomodo sint implendae ad illud lucrandum?
3. Num partialiter illud quis lucrari valeat?
4. Quid ad casum?
373
374 CASES OF CONSCIENCE
Solution
1. ^^^lat is a Jubilee, and what is its extension?
A Jubilee is a plenary indulgence granted by the Pope with greater solemnity than usual for a definite time together with special faculties for confessors. A general Jubilee is usually granted in the first instance at Rome, and afterwards it is extended to the whole Chmxh.^
2. What conditions for gaining it are prescribed, and how are they to be fulfilled?
The conditions for gaining an ordinary Jubilee are confession, communion, and prayer for the Pope's inten- tion in churches to be visited for the purpose a certain nimiber of times. As they are conditions on which the Jubilee is granted, they must be exactly fulfilled.
3. Can a Jubilee be gained partially?
Some were of opinion that either a full remission of temporal punishment is gained by a plenary indulgence, or nothing. According to the received opinion, a plenary indulgence may be gained only partially on account of the temporal punishment due to venial sins unrepented of not being remitted. A Jubilee may also be partially gained, in that one who intends to gain it may receive the benefit of the special faculties granted to confessors although afterwards he changes his mind and does not try to gain the indulgence.
4. The case. It appears from the case that the bishop had prescribed sixty visits to be paid to the parish church on fifteen days in order that the faithful might gain the Jubilee. If there was only one parish church in the place
1 Manual of Moral Theology, vol. ii, 455.
TllK JUBILEE 375
where Lucius lived, lie had to visit that church, and he did not fuHil the condition by visiting the church where his work was. He was at Hbcrty to make the visits within the natuj-al, or within the ecclesiastical day. It would seem that the visit to the parisli cliuich to hear Mass on Sunday may be reckoned among the rest, as it is not otherwise of obligation. Lucius satisfied the obligation of praying for the intentions of the Pope by saying the Rosary, but not by hearing Mass, nor by pious meditation, as these are not vocal prayere.
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