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A . r XIY common right, no curate of this diocese rt. . j"^ ^^^ j^g^ confessions in the parishes the first habitations of which are more than three leagues distant from the limits of the parish or parishes of which he has charge ; and that under pain of rendering the absolutions by him therein given null and of no effect* Nevertheless curates and missionaries are authorised to confess their parishioners wherever they may meet them, even in the town parishes. Art. TI. With the exception of the case above speci- fied, no country priest can hear confessions in the town parishes, even though his own parish should not be three leagues distant. Art. III. A priest may always preach in the parishes wherein he has a right to hear confessions, and not elsewhere. Nevertheless the privilege mentioned for hearing confessions after art. 1st. in favour of curates and missionaries extends by no means in any degree to preaching. Art. IV. Every approved priest, even in pascal time, may confess all persons making application to him with- in the compass of his jurisdiction, of whatever parish they may be : being careful to observe the precautions suggested by prudence to prevent frauds, especially in what concerns the payment of tithes. Art. V. Vicars shall have jurisdiction only over the parishes for the service of which they have been ap- pointed ; so that a vicar dependant on a curate of two parishes, may confess in either of them, and not else- where. Art. VI. Pro qudcumque dicecesis parte approbatm fuerit presbyter, semper et uhtque, et etiam in parochiis urbanis, alium presbyterum vel clericum, sive in sacris ordinibus constitutumf sive ad minores ordines vel ad pri' 4 Regulation concerning mam tonsuram promotum, in confessione audire poterit. 8ed erga eosdem facilitates extraordinarias nullatenus exerceat, nisi in iis casihus in quibus erga cateros fideles illas exercere posset, vel quatenus pcenitens ad sacramentum administrandum, vel ad sacrum ordinem exercendum tene- retur antequam ad superiorem posset recurrere. {aj . Art. VII. No priest without being specially com- missioned thereto, can commute vows or perform the benedictions reserved to the Bishop. Art. VIIL Our precise intention is that the habitual power to exceed the bounds fixed by the 1st. 2d. 3d. 5th. and 7th. articles of the present regulation, should not be recognized in a priest, except he should be authorized by some other article hereof, or by a special commission from us. Art. IX. With respect to particular cases wherein it may be proper to exceed for a time the bounds above mentioned, such cases we leave to the decision of our vicars general. Art. X. The following are the powers of the arch- priests, revocable ad nutum : 1st. to perform those epis- copal benedictions which we have particularly attributed to them in the chapter of benedictions (b) ; 2d. to ab- solve at all times from censures and from cases in this diocese reserved to the bishop as well as to the so- vereign pontiff; 3d. to commute vows (except the vow of perpetual chastity and the vow of entering into religion) in other pious works, without however granting a dispensation from them ; 4th. to dispense in foro interiori with the occult impediments qu(B usum matrimonii auferunt ; 5th. to absolve from heresy and to receive the abjuration of the new converts. They cannot in any case commission another priest for any of the above mentioned functions ; but they may exercise the powers detailed above as well within the extent of three leagues which is common to them with other cu- rates (the town parishes excepted), as in the parishes (a) See 6o. and 12o. of ^. 3d, of the following article. (b) These are the benedictions marked in this present extract of the Quebec Ritual from art. 3d, Episcopal or reserved Bvnedictions to $. 15, Reconciliation of a pro- ■anated burying ground, incluaiyely. Jurisdiction. 5 respectively designated to them by their letters, accord- ing to the position of the places. Art. XI. The missionaries of the Indians shall enjoy in their respective missions, and with regard to the In- dians alone, all the powers which we ourselves can ex- ercise, except that they shall not grant any dispensation of consanguinity nor of affinity in the unmixed second degree, nor in the first mixed with the second. With respect to the French or others living in their villages or in the surrounding parishes, these missionaries shall conform to the common law, established by the first articles of the present regulation. Art. XII. A missionary of the Indians may exercise all his powers in any Indian mission besides his own, when invited so to do by the missionary of the place, or when sent by us or by any one of our vicars general, and not otherwise. Art. XIII. The priests directors of the semmary ot Quebec are authorized to exercise the 2d. and 4th. power of the archpriests, in all the parishes of the district of Quebec and of Ile-Je'sus. The same ^hall hold good for the district of Montreal, regarding the priests direct- ors of the seminary of Montreal, so long as they shall reside in town. The two senior directors ot each of these houses, may, in the places respectively above- named, exercise the first power of the said archpriests. These privileges nevertheless shall be revocable ad nu- tum. . . , N. B. What, in the preceding article, concerns the jurisdiction in the District of Montreal cannot ob- tain without the special consent of" the Bishop of Mont- real : and this he has given in his inatigitral mandate addressed to his new diocesans, and bearing date the 15th. September 1836. , • , . Art. XIV. In the powers which we have hitherto o-ranted, or which we may hereafter grant, either by Surselves or our vicars general for the absolution of re- served cases, our intention is to comprise also the power to absolve persons who have carried on a commerce with the Indians in spirituous hqtiours. Nevertheless, (( <( (( / 6 Regulation concerning Jurisdiction. when a sinner aftu- absolution from this crime shall re- lapse, we strongly exhort his confessor, whoever he may 't 'i%^Z '° '^' ^^""' ^'"'^'^^ «f the district. ^ Art. AV. Nemmem latere volumus quod, mo nulla casu mtendamus confessariis facuUatem larglri complices Tt/r'T'' r'"^ Pr-cepturn absolvLi^qZuZ que loco modo vel tempore seeks patratum sit, dummodb mortale fuerit ex parte utriusque complicis ""'"'"^^^ sv^cLnHfZ *''"""•"' f ^"^^'^ ^^'^'"^ reservationem spectantia,nonparumjuvahunt qucs sequuntur. Quoad absolutionem peccati complicis ..,, excipitur casus extremcB necessitatis, nimirum articuli mortis, in quo permittitur confessario absolvere complicem, modo deficiat quicumque alius, (etiam simplex sacerdos ad confesswnesaudiendasnon approbatus), qui absolutionem impertinpossit, et nisi nequeat alius ille sacerdos vocan vel accedere sine gravi infamid vel scandalo. Tenetur t7n!i ,f ^'^^^f «^»«^ complex talia pericula infamicB aut scandahavertere, si potest." (a). " Cum non coarctetur potestas. . . .sacerdotum.. , ,de quibus supra nm respectu criminis, cujus participes fue- runt, sublatdsemelculpdperpcenitentiamet absolution ^Jjnabaho concejsam, mild lege ipsis prohibitum est 1/^^TfV' ''''''^^''' ^'^' '* P^nit^ritium saluti consu. lere velit, deinceps confessiones non excipiet eorum cum n (( <( ft (( (( » t ,de pesfue- mlutio- itum est men ad- i consU' urn cum elapsiis Jerning refer general ins, or 't. 205, 4 (' Const. Of reserved cases. 7 to obtain permission to absolve them. The sins which are not mortal in the reserved kind, are not included in the reserve, neither are those which are not exterior, such as sins of thought, of desire, of complacency, &c. ; or those which are not actually con- summated, unless the contrary should be expressed by the law. Likewise, in reserved cases are not included the sins committed before the age of puberty, which for girls is twelve years complete, and for boys four- teen also complete, nor even for those who should not declare such sins until after having attained the said respective age of puberty. It is sufficient for the con- fessor to explain to all such, as well as to those who may be placed in certain circumstances which remove the reserve, the enormity of their sin, and to warn them that it is reserved, but that the church, on account of their age, their sex, or their engagements, dispenses with their presenting themselves to the superior in order to receive absolution. He will nevertheless defer granting them absolution until they have amended and are sufficiently prepared to receive it. §. 1. Of cases reserved to our Holy Father the Pope. THE cases reserved to our Holy Father the Pope have always a censure annexed, from which he gives the power to absolve at the same time that he grants per- mission to absolve from the crime to which the censure is attached, whether he grants the powers of himself, or the bishop delegates in his name. Besides the seven cases hereafter mentioned, all ir- regularities that arise from defects and not from crimes, are reserved to the Holy See. But bishops, according to the Council of Trent {Sess, XXIV. ch. 6.), have the power to absolve from all crimes reserved to the Pope, when they are not public and carried in forum exterius ; and even from irregularities which follow occult crimes, and which have not been teievred ad forurA litigmum, ex- 8 Of reserved cases. cepting however from that which arises from voluntary homicide, which is alwayp reserved to the Holy See, though the homicide be occult. In this diocese, how- ever, homicide is reserved neither to the Fope nor to the bishop. The bishops may also absolve from crimes reserved to the sovereign pontiff, and even from those that are public, the persons who by right are exempt from going to Rome, such as women, girls, old men, the sick, the poor, &c. The Jubilee does not grant any power of dispensing from irregularities. See what is said with respect to this, in the French Ritual, page 161. The following are the cases most commonly reserved to the Pope. I. The crime of real simony, committed by those who, to give or to receive orders, to bestow or to ob- tam a benefice, or for admission into religion, give or exact money, under any pretext whatsoever ; or who give, receive, or exact any other temporal thing that may be estimated at the value of money. II. The crime of confidence committed by him who receives or retains a benefice, on condition of preserving it, giving, or coni'eying it to another. III. The crime of burning, injuring, or wilfully pillaging a church, a monastery, or other pious place after the guilty person has been publicly denounced! For if the crime remains undiscovered, and the author has not been denounced, it is reserved to the bishop only For the crime be considered public, it must be carried in forum exterius ; that is to say, it is requisite that a complaint should be lodged against the criminal. Under the name of pious place, are comprised, not only churches, chapels, blessed oratories, burying grounds, sacris- ties, but also hospitals, houses of retreat, calvaries and mo- nasteries, by which are to be understood the places wherein are lodged the nuns or boarders of those houses -, and not the buildings which may be contained within the enclosure, and which serve for other uses, as sheds, barns, &c. These words burn^ injure, pillage, must be understood disjunctively ; so that only one of those actions, accompanied by the above mentioned circumstances, is sufficient for the reserve. Of reserved cases. v IV. The crime of wilfully netting fire to a sacred or profane place, if the author of the conflagration be ex- crramunicated and publicly denounced. By profane place is undei-stood all sorts of buildings, either for the URe of men or animals. V. The crime of him who forges apostolic letters, bulls, briefs, and other letters patent, or who wilfully abuses them. , .„ . * u VI. The crime of him who ill-treats or causes to be cruelly ill-treated a clerc wearing the ecclesiastical dress and tonsure. If the clerc die of the blows in- flicted upon him, if he be maimed or mutilated, if he lose blood by the wound received, the case is reserved to the Pope ; provided the clerc be not the aggressor, and he who struck him have not greatly exceeded the bounds of a lawful defence. If the clerc be but shghtly wounded, the bishop may absolve from this crime. VII. *' Crimen luxuriee consummatse k viro cum •' sanctimoniali, vel a foemina cum^ viro religiose, in «' locosacro patratum, etnotorium." •• Si crimen occultum remanserit, vel in loco non " sacro patratum fuerit, episcopo tantiim reservatur." « Nomine sanctimonialis rigorose intelligitur quae, per so- *' lemne votum, religiosum ordinem ^ Sa. Sede approbatum « ingreasa est. Item de viro religiose." ^ « Per locum sacrum Uesignantur ecclesiaB, capellaB ad mis- « sse celebrationem benedictae, sacristiae, adjunctussanctuano « chorus." ^. 2. Of cases reserved to the bishop. THE following are the cases which we have thought proper to reserve to ourselves. I. The sin of those who scandalously utter, compose or write any thing extremely injurious to God, to the Blessed Virgin, to the saints, or holy things. By holv things are here to be understood, what is holy m itself, or what is become so by being consecrated or blessed tor the use of the holy sacrifice or the sacraments, -""^ "= chalices, ciboriums, the holy oils, altar stuiies. N such as ^ Of reserved cases. r.}l^'}^'^F''* ^^""^ '' ^° '^y' ^^'^ ^''"ne of those whoem- eiSlftwuir ""1 '^^^ '^^^^ "° ^°»"exion with X those who consult magicians. This crime has a censure of^excommunication annexed, which is incurred '^L thln^. ?^^*"' '^^''"' ^^^ understand those which are bad in Son ' '''" --ountofan express and particLl^'pro" .d^^' ?!f ^^^"g °"^'s father or mother, or refusing to give W^^ ^'''^ orought^o IV. - Incestum formale patratum cum consanguineis eptimisautillegitimis, in primo gradu, vel So ad secundum, sive ci'm affinibus, tantiim legitimis in iisdem gradibus." fa""" &, m X" u J?°!:^^^^^ Peccata sodomiae quje vocatur perferta et bestiahtatis consummate ex parte viri vel fci^mine."' VA. Aduitermmformale, siveconcubinatus, publica et adeo notoria, ut nullatenus celari possin . Item violat.0 h puberibus in impuberes utdusque sexl^ msibus corporahbus attentata ; in qua raptus violent - dUur.'' '" '"' »«^P"berem puellam commissus inclu- VII, The sin of those who, on days of abstinenrp commanded by the church, eat meat tLough conte^^^^ o. the law, through sensuaHty, without a just cause, and without haymgobtamed permission of their curate or of an ecclesiastical superior. For the reservation of this case, all the above conditions must concur together. "">c «.onaiiions VIII. The sin of those who compose hbels or dif- famatory songs, when these libels or songs come to the knowledge of any other than the author. IX. pueiling in which are comprised not only those who fight, but also those who give provocation to fight! either by advising a duel, or by lending themselves as patrons or seconds. This crime has a censure of excom! mumcation annexed, incurred ipso facto. , By the wonlfghi is understood the making use ofanv instrument whatever that may wound (!ar5gcrously. ^ <( It ts *( ts (( (t 1 Of reserved cases. 11 who em- with the he sin of I censure red ipso re bad in ular pro- using to 'Ught to nguineis a primo imis, in •erfecta, iminae." publica Item sexus, violen- 5 inclu- tinence ntempt 36, and eor of iditions or dif- to the those fight, 'es as icom- of any X. The sin of those who, being able to pay their tithes without sustaining any considerable injury, do not fulfil that obligation, or who do not come to an agree- ment in that respect with their curate, before the ter- mination of pascal time. XI. The sin of impurity committed by a man not an Indian, with an Indian woman or girl. This reservation affects only the man who has sinned, and not the indian female, and it signifies little whether the latter be a christian or a pagan, slave or free. XII. The sin of those who either by themselves or others, distribute intoxicating liquors to the Indians, knowing the bad use they make ot them. With relation to the two preceding cases, to be considered an Indian, it is necessary to live in the Indian manner, and moreover to be born of an Indian father or mother, living in that way. Adoption or marriage produces the same effect as birth. ^ ^. 3. Permissions which we judge proper to give for the abso- lution of the censures and cases reserved to ourselves. WE permit all approved priests to absolve, within the compass of their respective territories, all sorts of persons, from the censures and cases reserved to our- selves, in the circumstances hereafter specified. 1st. In the probable danger of death, which every priest may consider as such, when he thinks that, if he were the curate of the sick person, he would hasten to administer the sacraments to him. (a). 2nd. When the person is a woman or a girl, who, most probably, could not be relerred to the superior without scandal. 3rd. When persons do not accuse themselves of re- served sins except upon the point of marriage, and when they cannot be referred to the superior without scandal. This power extends also in favour of either of the contracting parties who is not of the parish where re- sides the confessor to whom he presents himself. See tvkat is said in (lie Frmch Ritual, concerning JuiisJiction, page 163. IT" ! f 1 1 '^ Permission for the absolution In the circumstances 2nd. and 3rd. above mentioned, and 6th mentioned hereafter, we exhort confessors not to absolve their penitents without having first asked permission, if it be possible to do so by word of mouth or by writing. 4th. When there is a reasonable doubt whether the sm into which the penitent has fallen be reserved or not, or when by an unintentional forgetfulness,the penitent has omitted to accuse himself of it. This doubt ought to be founded upon reasons and not upon mere ignorance or mere probability. 5th During the time of Easter which is limited to the ordinary fortnight, that is to say, from Palm sundav inclusively to Low Sunday also inclusively. We extend this faculty to the whole period which we Shall have judged proper to add to the ordinary fortnight and also in behalfof those who have not been to confessioh during Lent, when their confessor shall think fit to give them absolution during the time of Easter. We equally permit all approved priests to exercise the same powers with regard to those who, not having been morally in a state to present themselves in pascal time, present themselves afterwards in order to fulfil their pascal duties ; and also in behalf of penitents whose absolution 7u ^JlJ^^*'''' ^^ ^° ^^^^^ *'" after the Easter fortnight. bth. When the penitent is obliged to receive or to administer a sacrament, and when he is morally pre vented from addressing himself to a superior. This o- bligation may arise either from a precept which would oblige, or from a scandal which would ensue or from a considerable loss which would occur; and 'this moral inability depends upon circumstances of which each confessor must judge before God. ...^^^- '»Jh^ caseofa general confession of the whole lite, judged necessary by the confessor ; as well as in that which is made preparatory for the first communion. 8th. In behalf of those who are preparing for Con- firmation ; m behalf of the sick, of old men, who are not able to go to church, though their confession be not for ihe reception of the last sacraments; in behalf of nrUnnpr^ lentioned, Bssors not irst asked mouth or lether the sd or not, nitent has ought to ignorance limited to n Sunday I'hich we fortnight, onfessioh fit to give e equally le powers lorally in present ir pascal ^solution ortnight. ve Or to ally pre- This o- -h would isue, or and this lich each le whole s in that 3n. br Con- are not i not for 0/ censures and reserved cases. 13 of the sick in the hospitals, and of those who are about to depart on a long journey. 9lh. We declare that when we permit without res- triction absolution to be given from the reserved cases, ourinttention is to include those also to whom we have attached any censure, unless it be ab homine et per md- dum sententie particularis ; and that when we shall give permission to absolve from cases which are reserved to the sovereign pontiff, we comprise that also of removing the censures which are thereunto annexed. 10th. Besides, in order to obviate several difficulties, v^e declare that, without an express signification to thfe contrary, when we shall permit any priest in particular to absolve from the censures and cases reserved to our- selves, we shall be considered to permit him to ^sol-'« also from the cases reserved to the sovereign pontiff. 11th. Our intention is also that the faculty of absol- ving from reserved cases, given for a determinate period, should continue after the expiration of the time fixed for all confessions that have been commenced, and even la the case of new relapses on the part of the penitents, after the expired term. To obviate some inconveniences, ^ve moreover declare that the permission to absolve a penitent from the reserved cases, granted upon a meie request without explanation, may be considered to ex- tend to the sins which the penitent may have committed since the said permission was obtained. Therefore, when extraordinary powers are requested, it is necessary, for greater security, to give a clear explanation concerning the extent of those which are required. 12th. With the exception of the above mentioned circumstances, the curates and vicars, or other approved priests of this diocese, who have not received extraordi- nary faculties, cannot under any pretext, or m virtue of any privilege whatever, absolve either from reserved cases or censures, even though the case should relate to sms reserved in this diocese, but committed in another diocese. If there should be any necessity for it, they will refer their penitents either to us, to our vicar general, or to the 14 Permission for the absolution of reserved cases. nearest archpriest. If nevertheless they have cause to think that such persons cannot be referred without some scandal or some considerable inconvenience, they will obtain from us> or from some one of our vicars general, the permission to absolve them themselves : a permis- sion they may always ask, when they shall think fit, but which will never be granted but for present need, and which must be asked for, as often as such need may oc car. REMARKS. 1st. Evcry approved priest may absolve penitents, from other dioceses, guilty of sins reserved in such dioceses, and which are not reserved in this, pro- vided they do not come to make their confession infrau- dem legis. Should this however be the case, every ap- proved priest might also absolve these penitents, provided they expressed a true repentance of their conduct. 2d. Should a confessor through forgetfulness or other cause have absolved a penitent from a reserved case, vithout having the power so to do, he ought, if the pro- caeding should not be attended with weighty incon- veniences, and after having asked permission from the penitent, to inform him that the absolution was not valid, aid that consequently he must have recourse to the bishop, or to some other priest furnished with sufficient powers ; or else, as appears more proper, the confessor will him- self obtain from the bishop, or from some vicar general, the power to absolve the penitent, and will engage him to return to him again, in order to receive absolution, (a). 3d. The power to commute vows, and to dispense with the impediment a petendo debito conjugali, is not comprised in the general or particular permission to absolve from censures and reserved cases. the I ill [a). See tb« CoDf, d' Angers, ed. 1778, vol. V. page 183. APPROBATION. READ and approved the present Extract of the new Quebec Ritual. Quebec, 4th. of June 1 837. ■!« Jos. Bishop of Quebec. Prinltd by T. Cary <^ Co. Qtubec, 1837.