Pray for the repose of 
 
 the soul of 
 
 Rev. Nicholas M. Heinhart. 
 
 ft. I. P. 
 
 JURA SACERDOTFM VINDICATE 
 
LOAN STACK 
 
JURA SACERDOTUM VINDICATA. 
 
 // 
 
 THE RIGHTS 
 
 OF 
 
 THE CLERGY VINDICATED; 
 
 OR, 
 
 .A. PLEA 
 
 FOR 
 
 CANON LAW IN THE UNITED STATES, 
 
 BY 
 
 A ROMAN CATHOLIC PRIEST. 
 
 "Canonum statute custodian turab omnibus : et nemo, in actioni- 
 bus, vel judiciis ecclesiasticis suo sensu, sed eorum auctoritate 
 ducatur." Ex Con. Meldensiin Gallia, A. D. 845. 
 
 NEW YORK: 
 JAMES SHEEHY, PUBLISHER, 
 
 33 MURRAY STREET. 
 
 1883. 
 
 
Entered according to Act of Congress, in the year 1883," 
 
 By James Sheehy, 
 
 In the Office of the Librarian of Congress, at Washington. 
 
9/ 
 
 C&Jg 
 
 O MARY IMMACULATE! 
 
 THE 
 
 AUGUST PATRONESS 
 
 OF 
 
 THE CHURCH IN THE UNITED STATES, 
 
 BLESS THIS LITTLE BOOK, 
 
 ITS READERS, ITS PUBLISHERS, 
 
 AND 
 
 ITS HUMBLE AUTHOR, 
 
 *###*####*### 
 
 481 
 
TO 
 
 The Most Rev. Archbishops 
 
 AND 
 
 BT. REY. BISHOPS OF THE UNITED STATES. 
 
 Venerable and Beloved Prelates: 
 
 With the heart of a dutiful child towards my Holy 
 Mother, the Catholic Church, with sentiments of un- 
 bounded veneration for your dignity, of ready and 
 humble obedience to your authority, and of -undying 
 loyalty to your true interests and welfare, I address you, 
 dearly beloved Archbishops and Bishops, to whom has 
 been entrusted the care of Christ's flock in this portion 
 of His Fold. 
 
 I most earnestly, and at the same time, most respect- 
 fully beg of you, in the name of hundreds, if not of 
 thousands of the clergy of the United States, to remedy the 
 evil which I indicate in the following pages, viz.: that of 
 priests being uncanonically dismissed from their dioceses 
 and thrown helplessly on the world, to the infinite degra- 
 dation of the sacerdotal character, to the dishonor of our 
 Holy Religion, and to the great scandal of the faithful. 
 You have, it is true, in Plenary Council, already legislated 
 
8 ADDRESS TO THE PRELATES OF THE UNITED STATES. 
 
 against this crying abuse. Yet it continues to exist. I 
 need only bring this fact to your attention, and your 
 zeal for God's glory, the Church's welfare, and the honor 
 of the Priesthood will cause you to enforce the laws 
 from the non-observance of which this monstrous evil has 
 arisen. 
 
 By the very nature of my subject, I have sometimes 
 been obliged to state the truth plainly, at which you wiil 
 not, I hope, be offended. Your venerable body cannot 
 be held responsible for uncanonical proceedings on the 
 part of a few, or even of many individual members 
 thereof. 
 
 Before God and my own conscience, I assure you, in 
 conclusion, dearly beloved Archbishops and Bishops, 
 that the end I had in view in writing and publishing 
 the following sheets, is the welfare, not only of my 
 brethren of the clergy, but your own likewise, as well 
 as that of the Catholic Church in these United States. 
 
 Your humble and devoted servant in Christ, 
 
 A. R. C. P. 
 
PREFACE. 
 
 1 had begun to write the following pages, when the 
 " Instructio" Quamvis, of July 20, 1878, from the 
 Sacred Congregation of the Propaganda, appeared, 
 defining the manner in which, for the present at least, all 
 criminal and disciplinary causes of clergymen in the 
 United States should be settled. 
 
 The prescriptions of this Document, which was issued 
 with the explicit approbation of our Most Holy Father 
 Leo XIII., now gloriously reigning, if rigidly and con- 
 scientiously carried out, would remedy, not only the 
 evils for which it was primarily and directly intended, 
 but the evil also I had in view in writing, viz.: that of 
 dismissing clergymen from their dioceses, anji abandon- 
 ing them to themselves and to the charity of the public, 
 whence so many other grave evils flow. 
 
 What reasons then, it may be asked, had I for offering 
 my humble suggestions to the consideration of the 
 venerable hierarchy of the United States ? 
 
 After seriously reflecting over the matter, and taking 
 counsel of holy and learned men, I came to the con- 
 elusion that my humble work already begun, would, if 
 finished, be of service to the Church, for the following 
 reasons: First, from facts that have come to my certain 
 knowledge, since the publication of the above-mentioned 
 
10 PREFACE. 
 
 " Instructio " of the Sacred Congregation, the evil 
 of which I treat seems at present as far as ever 
 from being abolished. I cannot prudently and with 
 propriety even outline these facts to prove my assertion. 
 The reason is obvious. I am most solicitous that no 
 word escape my pen which could be construed, or 
 even distorted, into an unseemly or odious personality, 
 or at which any one, even the most sensitive, could take 
 offence. Let it then suffice for me to say, that in- 
 controvertible facts have come to my knowledge, 
 since the promulgation of the " Instructio" of July 20, 
 1878, which facts proved conclusively to my mind, that 
 I would be serving the Catholic Church in the United 
 States by continuing and publishing the work I had 
 commenced. 
 
 For any irregularity in the ecclesiastical government 
 of this country, or non-observance of the laws of disci- 
 pline enacted for it, certainly no blame can attach to 
 Rome. Time and again Rome has made wise and 
 salutary provisions for the protection of the clergy of 
 the United States in their just rights, one of which most 
 undoubtedly is, that every clergyman, even though he 
 should have erred, so long as he is not contumacious, 
 must be protected and cared for by his own proper 
 bishop. This right has been proclaimed anew in the 
 late " Instructio" of July 20, 1878, issued by the Sacred 
 Congregation of the Propaganda, when it prescribes the 
 manner of inflicting punishment on clergymen derelict 
 to duty, though it leaves the punishment itself to the 
 equity of the bishop, who is supposed to be conversant 
 
PREFACE. l]l 
 
 with the canons and decisions of the Church in such 
 matters. 
 
 Neither can the blame of this evil, of uncanonically dis- 
 missing- priests from their dioceses, attach to the Ven- 
 erable Episcopate of the United States as a body,, who,. in- 
 Plenary Council, have already legislated against it by 
 positively forbidding any bishop in these States to aban- 
 don his subject before he has secured another superior. 
 " Statuunt Patres nullum harum provinciarum sacer- 
 dotem, ad aliam dicecesim transire volentem, a proprio' 
 Episcopo dimittendum, nisi certo constet eum ab alio 
 Episcopo recipiendum. Si qui autem in posterum aliter 
 dimissi fuerint, non recipiantur." II. Plenary Council of 
 Baltimore, 122. 
 
 It is not, therefore, for want of salutary laws and wise 
 prescriptions on the part of Rome, or of the ecclesiastical 
 legislative assemblies of the Church in the United States, 
 that results the evil of which I complain, but from the 
 ignoring altogether of these laws and prescriptions on the 
 part of many charged with their execution. Most as- 
 suredly I would never have had any occasion to speak of 
 the evil of dismissing priests helplessly from their dioceses, 
 if in all cases of delinquent clergymen, canonical punish- 
 ments had been canonically inflicted. Any work, there- 
 fore, however humble, intended to call the attention of 
 the hierarchy to the importance and necessity of a vigor- 
 ous observance of the laws of ecclesiastical discipline 
 enacted for the United States, I consider at this very 
 moment to be not only not inopportune, but calculated 
 to do much good. 
 
12 PREFACE. 
 
 Another reason that induced me to finish and publish 
 my work was, that it is calculated to show, in general, 
 the spirit of mercy and clemency, actuating the Church 
 in her conduct towards the clergy, and in particular, her 
 uncompromising love of justice, as illustrated by her 
 judicial legislation, and by the Decisions of her Sacred 
 Congregations. 
 
 Finally, the rules for inaugurating and conducting 
 canonical trials, as well as other canonical documents and 
 authentic Decisions of Rome found in my humble work v 
 will be a safe guide in interpreting the true sense of the 
 "Instructio" of July 20, 1878, sent to the hierarchy of the 
 United States by the Sacred Congregation of the Propa-, 
 ganda, or a key that will unlock its meaning, and lay 
 open to our view its hidden treasures, and the inesti- 
 mable blessings it confers on the bishops and clergy, as 
 well as on the faithful of the United States. 
 
 For these reasons I determined to finish what I had be- 
 gun, and present my views, supported by authority, with 
 regard to an evil that has existed in the Church in the 
 United States for a long time: an evil which it was 
 earnestly hoped and expected from year to year, would 
 be remedied effectually by our venerable prelates; but 
 which, on the contrary, seems to be gaining ground as 
 time advances and the clergy become more numerous. 
 That evil, as I have already said, is the dismissing of 
 priests from their dioceses, to roam over the land, "Quasi 
 oves perditae aut errantes." This, all will acknowledge, 
 is a grave evil and a serious abuse. Every true bishop, 
 in all things faithful and loyal to Holy Church, as well as 
 
PREFACE. 13 
 
 every priest and enlightened Catholic in the land, deplores 
 it It is not only a great disorder in itself, but the fruit- 
 ful source of other disorders. The existence of this evil 
 none will deny. That it is uncanonical, and utterly con- 
 demned and reprobated by the highest authorities in the 
 Church of God, I prove conclusively in the following pages. 
 
 A desire to benefit my brethren of the clergy, and thus 
 serve my Holy Mother, the Catholic Church, as well as 
 the love and reverence I have for the sacerdotal charac- 
 ter and dignity, urge me to raise my feeble voice against 
 this evil, in the hope that our zealous and beloved pre- 
 lates may heed it, and unite to root out this vile weed, 
 which disfigures the fair garden of the Church in these 
 United States. To see it growing unchecked and spread- 
 ing daily, saddens the hearts of the good, and of all those 
 who cherish the honor and glory and fair fame of the 
 Catholic Church. Besides, it has been, and is still 
 injuring religion, by bringing the priestly character into 
 contempt, and casting odium on our holy religion. 
 
 It is, moreover, in consequence of this very abuse, and 
 of the insecurity in general of the clergy as to their 
 rights, that a spirit of estrangement has arisen of late 
 years among many of them and their bishops, and is 
 apparently gaining strength. For many years past, much 
 has been said publicly, and much more privately, on 
 abuse of episcopal authority. Such abuse is often 
 imaginary, or exaggerated, but sometimes, alas, it is but 
 too well founded, as when a clergyman is ruthlessly 
 and uncanonically driven from his diocese, and consigned 
 to the cold charities of the world. 
 
14 PREFACE. 
 
 Should this unpretending little volume help even 
 remotely to the practical establishment in the United 
 States of the Canon Law of the Church, which regulates 
 the mutual relations of the bishop with his clergy, and 
 settles in a just and canonical manner any difference that 
 may arise between them ; or should it even conduce to 
 the enforcement of the canons of discipline enacted by 
 the II. Plenary Council of Baltimore for that purpose ; or 
 help in any degree to bring about a strict and rigorous 
 observance of the legislation promulgated by the Sacred 
 Congregation of the Propaganda, July 20, 1 878, it will 
 have accomplished a great good. The conscientious 
 observance of the wise and salutary laws of the Church, 
 made for the mutual welfare of the hierarchy of the first 
 and second order, would give the death-blow to that 
 spirit of estrangement and want of confidence between 
 them, which, it is no stretch of imagination to say, exists 
 in some, if not in many dioceses, whilst it would 
 surely promote and strengthen in every diocese, the 
 spirit of charity and unity between the episcopate and 
 the clergy, so essential to their mutual happiness, and to 
 the well-being and prosperity of religion. 
 
 I ask my brethren kindly to overlook the many defects 
 of my humble production. A plain, simple, earnest in- 
 struction or exhortation sometimes has a more powerful 
 effect, and is often more productive of lasting good, than 
 a discourse sparkling with brilliant thoughts, clothed in 
 the most beautiful imagery, and expressed in faultless 
 language. I have not written a line in these pages 
 that has not come from thorough conviction. I have 
 
PREFACE. 15 
 
 adduced nothing- but what is based on incontrovertible 
 lacts, or supported by irrefragable authorities. I 
 certainly never had the ambition to write book or pam- 
 phlet, nor would I have undertaken this little work; but 
 feeling not only a desire, but a strong impulse to do 
 something for my unfortunate brethren, and encouraged 
 by a holy, learned and experienced priest, I took up my 
 pen to ask mercy and justice for the erring of the Lord's 
 anointed, hoping that some one else possessed of a 
 larger experience, a better knowledge of Canon Law, 
 and an abler pen, may be prompted to take up the 
 subject, and convince all our venerable prelates, effec- 
 tively and successfully, if I fail in the task, of the impor- 
 tance and urgent necessity of canonical punishments, 
 canonically inflicted for canonical faults ; and of being 
 guided by the laws made for their observance, and in 
 general by the Canon Law of the Church in all their 
 official relations with their clergy. " Canonum statuta 
 custodiantur ab omnibus : et nemo in actionibus vel 
 judiciis ecclesiasticis, suo sensu, sed eorum auctoritate 
 ducatur," is as safe a principle and as binding on 
 ecclesiastical superiors in the nineteenth century as it 
 was in the ninth, in the United States as in other parts of 
 the Church. 
 
 Before committing to print what I have written, I 
 reflected, prayed and took counsel. But the more I 
 considered in all its bearings and under all its aspects, 
 the evil of dismissing priests uncanonically from their 
 dioceses, the more convinced did I become that I would 
 be serving our beloved bishops themselves as well as the 
 
16 PREFACE. ' 
 
 clergy by placing before them this evil in its true light, 
 and showing them how unequivocally it is condemned 
 by the spirit and letter of the laws of our Holy Mother 
 the Catholic Church. 
 
 In the accomplishment of this praiseworthy task not one 
 disrespectful word of the Venerable Prelates of the United 
 States has escaped my pen. Thank God, I am incapable 
 of such treachery. To them and to the holy Church over 
 which they preside I am loyal to the core of my heart. 
 Were I to speak of the Episcopate of the United States 
 as a body, my sentiments could find expression only in a 
 high and just tribute of praise for their piety, zeal and 
 learning. Most of them have been men of heart, just 
 and merciful to the clergy over whom they were placed. 
 From the patriarch Carroll of Baltimore, the bishops in 
 this country in general have been merciful, just and 
 good men, who have deserved well of the Church and ot 
 the Holy See. As a rule, they have governed their clergy 
 prudently, mercifully, justly, wisely and well. 
 
 But there have been exceptions to this wise and pru- 
 dent use of episcopal authority, and of late years these 
 exceptions are apparently becoming more numerous. 
 No one who has given any attention to the matter will 
 deny this. All know it, not only the inferior clergy but 
 our venerable prelates themselves. 
 
 In calling the attention, therefore, of all interested in 
 the welfare of the Church, to her wise laws regulating 
 the relations of ecclesiastical Superiors and their subjects, 
 I say naught ; nor could I say aught against the venerable 
 Episcopate of the United States as a body, whose charac- 
 
PREFACE. 
 
 17 
 
 ter and dignity I most profoundly and religiously 
 reverence, and to whose authority, exercised in unison 
 and in accord with that of Rome, I most humbly and 
 cheerfully bow. 
 
 But I echo only the voice of Rome, and of all bishops 
 and priests who possess her spirit, when I offer an 
 humble and respectful remonstrance against those 
 ecclesiastical Superiors who, in the government of their 
 clergy, act in direct opposition to the Canon Law of the 
 Catholic Church, ignore entirely the instructions of the 
 Sacred Congregation of the Propaganda, and openly 
 violate the statutes made for the good of religion by the 
 venerable Fathers of the Church in this land, assembled 
 in Plenary Council at Baltimore. 
 
 Not only will none of my brother priests blame me 
 for this, but in the words of a learned and zealous 
 clergyman who, a few years ago, whilst editing a 
 Catholic journal, raised his voice successfully against an 
 outrage analogous to the one I am combating, I have 
 " no just reason to fear the frown of episcopal authority 
 for calling attention to, and protesting energetically 
 against an abuse that covers the priesthood with shame 
 as with a mantle." 
 
 I am, moreover, certain that I have said nothing what- 
 ever in the following pages at which any right-minded per- 
 son can take umbrage. Having carefully reviewed what 
 I have written, and having weighed it all in the " Scales 
 of the Sanctuary," 1 find that I have given utterance to my 
 honest convictions only, which, from the authorities I 
 have cited in their support, seem to be in harmony with 
 
18 PREFACE. 
 
 the teaching and discipline of the Church for ages. I 
 have tried to write in a kind and respectful spirit, and I 
 certainly have not written as strongly as the abuse 
 treated, inflicting such terrible and lasting injury on 
 individuals, and dishonor on religion and the priesthood, 
 would seem to justify. 
 
 Nevertheless, I ask pardon beforehand for any word 
 that may have escaped my pen, and that would seemingly 
 give pain. Far be it from my mind and heart to wound un- 
 necessarily ! But every one who has had much experi- 
 ence of men and things in general, knows that sometimes 
 the truth -cannot be told without inflicting more or 
 less pain. And yet, of any unpalatable truth I may be 
 obliged to utter in connection with my subject, I believe I 
 can say of it with the poet Dante : 
 
 " Though when tasted first, the voice shall prove 
 Unwelcome ; on digestion, it will turn 
 To vital nourishment." 
 
 When pain accompanies the telling of the truth, done 
 for the benefit of our fellow-man, or for the welfare of 
 religion, or through any other praiseworthy or justifia- 
 ble motive, whilst it is a sacred duty to make it known, 
 the blame, if there be any, must rest on the circumstances 
 that called it forth, not on the individual who utters it. 
 To withhold the truth when it should be spoken, is often 
 the extreme of cruelty. He who, standing by the bed- 
 side of his friend unprepared to meet his God, and whose 
 sands of life are fast running out, would not open his lips 
 to warn him of his danger, through fear of wounding his 
 feelings, or of incurring his anger or displeasure, would 
 
PREFACE. 19 
 
 be but a dumb devil leagued with hell to compass his 
 eternal ruin. The surgeon, who in mistaken mercy, 
 would anoint an ulcer, and then bandage it up, leaving 
 it to gather and foster corruption, until it brought death 
 to the patient, most assuredly would not be his friend. 
 On the contrary, he only would be a true friend of the 
 sufferer, who would not spare him, but using the knife 
 with an apparently merciless hand, would probe and cut 
 to the very bone if necessary, to let out the foul matter 
 that threatens life or limb. Though such treatment gave 
 temporary pain, it would in the end prove highly ben- 
 eficial to the sick man. 
 
 If, therefore, dear reader, any thing in the following 
 pages is met with, apparently sharp or plainly stated, it 
 is simply because it could not otherwise have been said 
 well or truthfully. Yet more, it is said because religion 
 and charity and justice demanded it. It is said to serve 
 and to save, not with the most remote intention of giving 
 pain. My apology, if any is needed, as well as my justi- 
 fication, will be found in these words of Divine Inspir- 
 ation, " Better are the wounds of a friend, than the 
 deceitful kisses of an enemy." (Prov. xxvii. 6.) 
 
 I send forth my little book on a mission of mercy. 
 Like its humble author, it may be somewhat rough 
 and unpolished, but it is truthful, honest and sincere 
 in its utterances. If it has any weight, as I sincerely hope 
 it will, in urging every ecclesiastical superior through- 
 out the country to follow the Canon Law of the Church 
 as far as practicable in his relations with his clergy, 
 or at least to carry out the regulations laid down in 
 
20 PREFACE. 
 
 the II. Plenary Council of Baltimore, as well as those of 
 the last "Instructio" from Rome of July 20, 1878, it 
 will redound to the honor and glory of the mitre. If it 
 puts but one of our revered and honored prelates on his 
 guard, and causes him to reflect most seriously before 
 pronouncing sentence, or rather, to be only the executive 
 of the sentence pronounced by his ecclesiastical court, or 
 Quasi Judicial Counsel, it will not have been written in 
 vain. If it induces but one bishop to look upon an erring 
 clergyman not contumacious, with a little of the compas- 
 sion and mercy which the Great Pastor of souls had for 
 sinners, my time will have been well employed. If, above 
 all, in consequence of this humble little volume seeing 
 the light of day, but one single priest in the United States 
 is spared the humiliation and all the other evils accom- 
 panying the being helplessly cast forth from his diocese, 
 to wander over the country like a sheep without a shep- 
 herd, then will I have been more than rewarded for the 
 hours snatched from other duties to accomplish this 
 work. 
 
 1 have the well-founded hope, in view of the eminent, 
 venerable and weighty authorities by which I prove all 
 that I advance, that our revered prelates themselves, 
 and the devoted clergy, will approve of my humble effort 
 in behalf of ecclesiastical discipline and in the interests 
 thereof. My object is to promote their mutual happiness, 
 as well as to offer my humble tribute for the protection 
 . of the good name and honor of the Priesthood. My 
 hopes may not be realized, or but in part, and the end I 
 have in view in writing and publishing this little book, 
 
PREFACE. 21 
 
 viz.: the entire abolition of what I consider a monstrous 
 evil, may not be attained, but I humbly trust that God 
 will bless my purpose, and that my brethren in the Holy 
 Ministry, while kindly giving me the credit of a pure 
 and upright intention at least, will deal gently with the 
 shortcomings and imperfections of my work. Yet, with 
 all its imperfections, I flatter myself that no canonist, at 
 least, will condemn the matter, whatever may be said of 
 the manner, or of the method of its presentation. 
 
 It may be objected to the success, and even to the 
 propriety of publishing my humble work, that it has no 
 Imprimatur. To this I answer, that I have the sanction 
 of my own conscience, and the approbation of an enlightened 
 and experienced churchman, a sound theologian and an 
 able canonist. He heartily approved of the motives that 
 prompted my book, and of the work itself, which he 
 read over, and assured me that it was calculated to benefit 
 the Church and the clergy. Yet all this would not be 
 sufficient to justify me in publishing my book without 
 the Imprimatur, if there was a positive law of the Church 
 requiring it, for I hold firmly to the doctrine that 
 "Obedience is better than sacrifice." But there is no 
 such law now in force. I need no Imprimatur. A few 
 lines will make this clear. 
 
 The Imprimatur is required for Bibles only and expla- 
 nations and annotations on Holy Writ, in which cate- 
 gory of books my humble volume, as is evident, cannot be 
 classed. 
 
 The Imprimatur is required for Bibles only and expla- 
 nations and annotations on Holy Writ, if the Council of 
 
22 PKEFACE. 
 
 Trent, which framed and promulgated this law of 
 Imprimatur, restricted it to Bibles only and annotations 
 and explanations of Holy Writ. Such in fact is the case. 
 
 The council of Trent requires the Imprimatur for Bibles 
 only and explanations and annotations on Holy Writ. 
 This will appear evident to any one who will carefully 
 read the decree itself of the Council of Trent, "Decretum 
 de editione et usu Sacrorum Librorum," Sess. iv., enacting 
 the law of Imprimatur. I may also refer the reader to 
 Konings, Theol. Mor. Trac. de Cens. N. 1741. 
 
 If we inquire into the motive or reason of this law, we 
 are still more confirmed in what is already clear from the 
 wording of the decree, that the law of hnprimatur was 
 intended by the Venerable Fathers of Trent to guard the 
 purity, integrity and sanctity of the Holy Scriptures, and 
 had them alone for its object. They wished to stem the 
 wild torrent of fanaticism, impiety and crime that was let 
 loose on the Christian world, when Luther gave to the 
 poor, uneducated laborer, or to the soldier in his barracks, 
 the same liberty of expounding the divine Word, as to 
 the reverent scholar whose life was spent in its study, and 
 who interpreted it with the light of the Church's teaching 
 for fifteen hundred years illuminating its pages, and aided 
 by the learned commentaries of sainted Doctors and 
 Fathers. 
 
 To remedy, therefore, the abuses of Bible reading, and 
 of Bible interpreting, and to obviate the inconveniences 
 and evils, the crimes and abominations of all kinds that 
 were desolating society in consequence of every one's being 
 allowed to follow his private judgment as to the sense 
 
PREFACE. 
 
 23 
 
 and meaning of the inspired Word, as well as to guard 
 the faithful against mutilated editions and false, or in- 
 correct interpretations of the same, the holy and Oecu- 
 menical Council of Trent promulgated the law of Im- 
 primatur. The faithful were thus secured in the posses- 
 sion of a correct version of God's Holy Word, as likewise 
 of a proper and authentic interpretation of the same. 
 Her wisdom shines forth conspicuously in the light of 
 the past and of the present. The murders and adulteries 
 and butcheries, the crimes without number, and the untold 
 abominations that have been perpetrated in the name of 
 the Bible, from the days of M. Luther to our own 
 times, silently but eloquently, sadly but convincingly, 
 prove the wisdom of the Catholic Church in protecting 
 and guarding with her Imprimatur, the sacred deposit of 
 divine revelation entrusted to her keeping, from the 
 profanation of the impious, the abuse of the ignorant, and 
 the contempt of the irreligious. 
 
 This view of the matter which I have taken is con- 
 firmed by Konings, whose theology most of the bishops 
 of the United States have formally approved. He says 
 
 Trac. de Cens. N. 1741 : " Excommunicationes 
 
 contra imprimentes, aut imprimi facientes sine ordinarii 
 approbatione, libros de rebus sacris tractantes, i. e., libros 
 sacra? scripturae et eorundem librorum adnotationes et 
 expositiones ; de his enim, AC de his SOUS agitur in 
 allegato Decreto." 
 
 I would have put my name to my humble work, but 
 for the following reasons, which I think will amply 
 justify me for not so doing. 1. My name would add no 
 
24 PREFACE. 
 
 weight to the work, for I am but an humble, obscure 
 priest, known only to the few amongst whom the 
 providence of God has placed me. 2. I do not desire 
 the notoriety, or inconvenience of being known as the 
 author of even so small and unpretending a volume. 
 3. I believe I echo only the sentiments of the clergy of 
 the United States, or of the majority of them at least, on 
 the subject treated, and it is this that will command 
 attention, without regard to the individual who gives 
 expression to it. 4. My authorities, which can be easily 
 verified, speak for themselves. And, finally, it is my 
 intention to ask my publishers to get up copies suitable 
 for presentation to our Most Holy Father and to the 
 Cardinal Prefect of the Propaganda, which I will send 
 to them with my humble autograph. 
 
 One word as to the plan. A considerable part of the 
 work is occupied in showing the spirit of the Church 
 towards the clergy. After proving conclusively, by the 
 most unexceptional authorities, that they cannot be 
 uncanonically dismissed from their dioceses, and abandon- 
 ed to ruin, I lay down the manner in which the Church 
 wishes them to be treated when charged with any canon- 
 ical fault, which is to be tried canonically; and if found 
 guilty to be canonically punished. I speak, therefore, 
 briefly of the different kinds of canonical trials, and give 
 the most important decisions and principles governing 
 them. As the Quasi Judicial Counsel, or Commission 
 of Investigation, commanded by Rome, takes the place 
 in the United States, for the present at least, of the canon- 
 ical trial, I give entire the " Instructio " of July 20, 1878, 
 
PREFACE. 25 
 
 promulgated by the Sacred Congregation of the Propa- 
 ganda, and devote a chapter to its explanation, made by 
 the aid of the Canonical Principles and Decisions pre- 
 viously given. 
 
 From the open and well-known fact that the provisions of 
 the above-mentioned "Instructio" are not observed as 
 they should be, and are even in danger of being ignored 
 entirely, the only means, in my humble judgment, to 
 have them enforced, as well as all the other laws of dis- 
 cipline enacted for this country, is the appointing 
 by Rome of an Apostolic Delegate to the United States. 
 I therefore devote a chapter to the importance and 
 necessity of having an Apostolic Delegate in our midst 
 for a few years at least, until our ecclesiastical govern- 
 ment is established on the permanent basis of Law and 
 Order. 
 
 I then conclude with what is a natural corollary of 
 the whole book, viz. : the absolute, most just and undeni- 
 able obligation which devolves on every bishop or 
 administrator of a diocese to protect and provide for 
 every priest, not contumacious, who is his subject. 
 
 I may, possibly, if there is much demand for my hum- 
 ble work, issue another edition of it; and will do so, if 
 urged thereto by those whose judgment and piety con- 
 vince me that my work is serviceable to Holy Church, 
 and if the proceeds of the present edition enable me to 
 do so. As my brethren of the clergy, or some members 
 of the episcopate may have valuable suggestions to make 
 which will enhance the value of the work, all communi- 
 cations addressed to my publisher will reach me, and will 
 
26 PKEFACE. 
 
 be regarded by me as sacred and confidential, as far 
 as the name of the writer is concerned. 
 
 I am indebted to a venerable and worthy clergyman 
 for many pertinent hints, and for documents and author- 
 ities which I had not at hand, as well as for material 
 aid in helping me to have my book published. I hereby 
 publicly thank him for his uniform courtesy, his kind 
 and sustaining encouragement, and for the pecuniary and 
 other assistance he gave me in getting out this work; 
 and from my heart I pray that God may spare him yet 
 many years for the good of the Church and the salvation 
 of souls. He has no ambition whatever for the "Mitre," 
 although his gentleness, learning and piety would grace 
 it well. 
 
 I will say, in conclusion, that whilst on the one hand, I 
 cannot be indifferent to an appreciation of my humble 
 efforts to succor my brethren, by showing forth the 
 charity and compassion of the Church for them, and by 
 bringing to the attention of all her laws of mercy and 
 justice that protect them as long as they are obedient to 
 her authority, yet, on the other hand, conscious of the 
 rectitude of my motives in writing, and of the conformity 
 of what I have written with the teaching and practice 
 of Rome, unkind, or even harsh and unjust criticisms 
 will not disturb me. As I am now minded, I will not 
 heed them. My defence is in my cause, which in the 
 depths of my soul I believe to be an eminently just one. 
 Should any further defence of it, however, be required, 
 I entrust it to our learned Doctors, who, in accepting the 
 honorable title of D. D., have, eo ipso, accepted the mission 
 
PREFACE. 27 
 
 it imposes of defending bravely and fearlessly every tittle 
 of the Church's doctrine, authority and discipline. 
 
 In all that I have written I most cheerfully and un- 
 reservedly submit my poor judgment to that of the 
 Holy Roman Apostolic See and its Sacred Congregation 
 of the Propaganda, which has charge of the interests of 
 the Church in these United States. 
 
 Feast of our Blessed Lady, "Help of Christiayis," May 24</t, 1882. 
 
CHAPTER I. 
 
 ORIGIN OF CANON LAW. 
 
 The Catholic Church is the most perfect organization 
 on earth. This is not surprising, for she is the creation 
 of the Incarnate Wisdom of God. She is His beautiful 
 and Immaculate Bride, "A glorious Church, not having 
 spot or wrinkle, or any such thing, but holy and without 
 blemish." (Eph. v. 27.) 
 
 The Catholic Church being therefore the creation of 
 God, possesses eminently all the characteristics of God's 
 works. She is permanent and immutable, incapable of 
 being improved by man, and perfectly adapted to the end 
 for which Jesus Christ instituted her, viz.: to apply to man 
 the merits of the Redemption, and to guide him in the 
 way of all truth. Hence she is infallible, that she may 
 teach the truth unerringly, and holy, to make man a good 
 citizen of earth, and to fit him for his eternal destiny in 
 heaven. 
 
 The Catholic Church is holy. In this nineteenth cen- 
 tury she is as holy as when her divine Founder himself 
 was bodily present in the midst of his apostles, " Speak- 
 ing to them of the kingdom of God," or as when the 
 Holy Ghost descended upon them on Whit-Sunday. The 
 same Holy Spirit still abides with the Church. Nor is 
 Jesus absent from her. He not only watches over, pro- 
 tects and cherishes his Church, but he has deigned even 
 
30 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 to remain bodily present with her, dwelling within the 
 lowly and humble tabernacle of the Catholic altar, as truly 
 and as really as he once did in the stable at Bethlehem, 
 or in the poor cottage of Mary at Nazareth. 
 
 In the long ages that have elapsed since the birth of 
 the Catholic Church on Pentecost Sunday, not for one 
 single moment has the smallest sin even, stained her 
 spotless robe of sanctity ; nor in the years to come will 
 that sanctity ever be tarnished, for she is "the Church 
 of the living God," the "Fold," of which Christ is the 
 "Shepherd," the "Bride" of which he is the "Bride- 
 groom," the "Body" of which he is the " Head." Such 
 close and intimate relations with Jesus Christ necessarily 
 imply on her part absolute and essential holiness. 
 
 The Catholic Church is also the Teacher and Guardian 
 of truth, commissioned by the Almighty himself, to 
 fulfil this office towards the human race until the end 
 
 of time, " Go teach all nations and behold I am with 
 
 you all days even to the consummation of the world." 
 (Matt, xxviii. 19-20.) " Thou art Peter (a rock), and upon 
 this rock I will build my Church, and the gates of hell 
 shall not prevail against it." (lb. xvi. 18.) The Catholic 
 Church, therefore, is likewise infallible, " the pillar and 
 ground of the truth." (1 Tim. iii. 15.) 
 
 The members of the Church, however, even her min- 
 isters and officials, are not always holy, though the 
 children of an immaculate Mother. This is no fault of 
 hers, but of their own perverse nature and abuse of the 
 graces that flow to them through her. Again, though 
 
ORIGIN OP CANON LAW. 31 
 
 she is infallible, they can err, and often do err, except in 
 those things in which they follow her unerring teaching. 
 
 The Church being governed, therefore, by imperfect 
 and fallible men, who may sin, and who can err, she has 
 not left them, even in matters of discipline and ecclesi- 
 astical government, to their own judgment and wisdom 
 in ruling the different portions of the kingdom of Christ 
 committed to their care. According to times and 
 circumstances, she has devised and promulgated wise 
 and salutary laws for their guidance. 
 
 This is the origin of the disciplinary Canon Law of 
 the Church, which is a body of Canons, or Rules, for 
 the maintenance of good order and discipline amongst 
 all the members of the household of the Faith. These 
 Canons, or Rules, are calculated to promote piety and 
 virtue, to correct disorders, and to protect the children 
 of God in their just rights, liberties, and privileges, 
 which they possess as members of the Church, or which 
 were bestowed upon them by her. They are derived 
 from various sources, as the Holy Scriptures, Tradition, 
 the writings of the Fathers, the Constitutions of the 
 Apostles, Decrees of Popes, Decisions of Sacred Con- 
 gregations, Councils, etc., approved and promulgated 
 by the Sovereign Pontiff, the Supreme Legislator in the 
 Church. 
 
CHAPTER II. 
 
 IN THE CATHOLIC CHURCH, NO ONE- POSSESSES 
 ABSOLUTE, MUCH LESS ARBITRARY POWER. 
 
 In consequence of the wise and salutary Canon Law 
 of the Church, derived principally from the above- 
 mentioned sources, sources of such weight, wisdom 
 and authority, it follows that Law and Order are the 
 normal condition of the Catholic Church. The flock 
 and the shepherd, the faithful and their bishops and 
 priests, are all subject to law, and amenable to it. To 
 no one, among the hierarchy of either the first or 
 second order, has she ever entrusted absolute, much less 
 arbitrary power. 
 
 Even the Supreme and visible Head of the Catholic 
 Church, the Bishop of Rome, the Successor of St. Peter, 
 the Vicegerent of Christ on earth, 'does not possess 
 absolute power, in the sense that his power is uncondi- 
 tional, unrestricted or unlimited. Far less is his power 
 arbitrary, capricious, or despotic. As the Supreme 
 Ruler and Legislator in the Church, and the Father of 
 all the faithful, his authority must be absolutely obeyed; 
 but that authority is never exercised without consulting 
 his Sacred Congregations of Cardinals, or in opposition 
 to the laws and constitution of the Church. 
 
 Even when the Holy Father exercises his unique 
 prerogative of Infallible Teacher of the Universal Church, 
 
NO ABNORMAL POWER IN THE CHURCH. 33 
 
 though we firmly believe, and know well that he cannot 
 err, because protected by Unerring Truth, and his teach- 
 ing is therefore absolute and irreformable, yet he is 
 guided in the exercise of this power by the voice of 
 revelation, both written and unwritten, by the counsel of 
 the Church teaching throughout the world, and by the 
 rules of consummate wisdom and prudence. In the 
 exercise, therefore, of this sublime power, attached only 
 to the Chair of St. Peter, there is nothing partaking of 
 the nature of absolute, much less of arbitrary power. 
 
 It is, indeed, very true, that when the Supreme Pontiff 
 of the Church speaks ex cathedra, all the children of God, 
 from the humble peasant to the mitred prelate, or 
 crimson-robed cardinal, must bow in lowly reverence, 
 to accept the words of the successor of the Fisherman 
 of Galilee, as they would had they fallen from the lips 
 of Peter, or been uttered by the Son of God Himself. 
 But this acceptance of the teaching of Jesus Christ, 
 through His Vicar on earth, is eminently conformable to 
 reason itself. For right reason dictates submission of 
 our will and intellect to God, Who can neither deceive 
 us, nor be Himself deceived. 
 
 Now God teaches us, either directly by word of mouth, 
 as Jesus Christ taught when on earth, or by the ministry 
 of another, who by His appointment is gifted with 
 infallibility. The Prophets of the Old Law and the 
 Apostles of the New were endowed with such infallibility. 
 The visible Head of the Church, teaching ex cathedra in 
 matters pertaining to faith or morals, possesses this 
 privilege of infallibility. The late Oecumenical Vatican 
 
34 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Council has solemnly defined it, therefore, has the Holy 
 Ghost spoken it. 
 
 In defining the Pope's infallibility, as teacher of the 
 Universal Church, the Council of the Vatican only 
 affirmed with her infallible authority that this doctrine 
 is contained in the " Deposit of Revelation." How 
 clear, in fact, are not the words of Divine Inspiration 
 that bear on this article of our Holy Faith: "Thou art 
 Peter (a rock), and upon this rock I will build my Church, 
 and the gates of hell shall not prevail against it." (Matt, 
 xvi. 18.) "I have prayed for thee that thy faith fail not, 
 and thou being once converted, confirm thy brethren." 
 (Luke xxii. 32.) "Feed my lambs.... Feed my sheep." 
 (John xxi. 15-17.) 
 
 We see, therefore, that even the Supreme Ruler in the 
 Catholic Church, the Sovereign Pontiff, does not possess 
 absolute, far less arbitrary power. In the exercise of a 
 power which no other individual on earth possesses, 
 that of teaching the Universal Church, in Faith and 
 Morals, with the infallible certainty that he cannot err, 
 he is dependent on Law and Order. He is, moreover, 
 guided by the Hand of God, whose wisdom has hedged 
 him round with infallibility. Hence, I may add, this 
 prerogative of infallibility in teaching, possessed by the 
 Father of Christendom, is a blessing to mankind, and an 
 inestimable boon to the human race. 
 
 As Supreme Legislator in the Church, the Holy 
 Father can abrogate any ecclesiastical law, or dispense 
 therefrom. This, however, he cannot do arbitrarily, but 
 only for weighty reasons, after mature deliberation, and 
 
NO ABNORMAL POWER IN THE CHURCH. 35 
 
 with due regard to the established canons, discipline and 
 constitution of the Church. 
 
 If, then, the august Head of the Universal Church, the 
 Supreme Pastor, from whom all jurisdiction flows to the 
 subordinate pastors, does not possess absolute, much less 
 arbitrary power, with much more reason can we affirm, 
 that none of these subordinate pastors possess such 
 power. For them, as well as for the Visible Head of 
 the Church, and the humblest of the clergy and of the 
 faithful, LAW rules supreme. No matter how high the 
 position they may hold in her service, or exalted the 
 station they may occupy in society, all the children of 
 the Catholic Church must submit to the laws which her 
 wisdom has laid down for their guidance and govern- 
 ment, from the mighty monarch of a vast empire, to the 
 lowliest member of her household, from the humblest 
 cleric to the Supreme Pontiff " Urbis et orbis." 
 
 Not only this, but as citizens of the state, she incul- 
 cates in her children and requires of them a conscien- 
 tious obedience to all the just laws of the government 
 under which they live, of whatsoever form it may be. 
 
 This love of Law and Order, which in practice she 
 carries out so perfectly, and preaches so uncompromis- 
 i n gly this duty of obedience to lawful authority, so 
 admirably illustrated within her, and so conspicuously 
 manifested in the loyal bearing of the true and faithful 
 Catholic to his king, or ruler, wherever his lot may be 
 cast, the Catholic Church has ever proclaimed, and still 
 proclaims to the nations of the earth. In this as in every 
 age, she echoes the teaching of the great Apostle of the 
 
36 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 Gentiles: " Let every soul be subject to higher powers ; 
 for there is no power but from God ; and those that are, 
 are ordained of God. Therefore, he that resisteth the 
 power, resisteth the ordinance of God. And they that 
 resist, purchase to themselves damnation. Wherefore 
 be subject of necessity, not only for wrath, but also for 
 conscience' sake." (Rom. xiii. 1-2, 5.) 
 
 The governments and people of these latter days, how- 
 ever, have not heeded the teaching of the Catholic 
 Church, as to the necessity and importance of obedience 
 and submission to lawful authority. In consequence, 
 instead of peace, and prosperity, and happiness, the 
 appendage and offspring of Law and Order, they are 
 now reaping the sad fruits of their infidelity, in behold- 
 ing on every side discontent and anarchy, bankruptcy 
 and ruin, and miseries of all kinds daily multiplied. 
 Whether empires, or kingdoms, or republics, if they are 
 so often threatened, or convulsed with social and political 
 revolutions, now thrown into consternation by the 
 bold and impious assassination of the head of the nation ; 
 now petrified with horror and aghast at seeing the 
 cherished monuments of antiquity commemorative of 
 the worthy deeds of their fathers, or recording the 
 glories of the State wrapped in flames kindled by the 
 radical torch of the communist or socialist ; or again, ap- 
 palled with fear and dread, at seeing the flood-gates of 
 anarchy let loose, and a people considered conservative 
 and law-abiding forgetting in a moment all the prin- 
 ciples of right and justice, becoming intoxicated with 
 demoniacal desires of blood and destruction against 
 
NO JUJNORMAL POWER IN THE CHURCH. 37 
 
 those who they believe, or imagine wronged them, and 
 rushing madly on with wild and frenzied gesticulations 
 and angry shouts, with, fury in their eyes, madness in 
 their brains, hatred in their hearts and strength in their 
 sinewy arms, threatening, like a wild and turbulent 
 torrent, ruin and desolation to all they meet in their path 
 if, I repeat, the governments of our day behold 
 not unfrequently these evidences of lawlessness, they 
 have none to blame but themselves. They have prac- 
 tically set God aside, persecuted more or less His 
 Church and her august Head, trampled on her divine 
 authority, and they are now reaping bountiful crops of 
 disorder and confusion, insecurity and revolt, having 
 lavishly sown the seeds of these fruits of evil, when they 
 set their faces against God's Holy Church and His Vicar 
 on earth. They have rejected or set at naught Divine 
 authority, the only and stable foundation of all human 
 authority; and their own subjects, walking in their foot- 
 prints, and imitating their example, despise their author- 
 ity, and endeavor to free themselves therefrom. 
 
 Law and Order rule supreme in the Catholic Church, 
 both in her teaching and in her practice. In opposing all 
 absolute and arbitrary power, not only in her own 
 officials and rulers, who possess power and exercise 
 authority within her, but even in those who govern the 
 people, and in ever inculcating obedience to law in both 
 rulers and subjects, the Catholic Church has ever 
 proved herself to be the guardian and strength of just 
 governments of every form, whilst she is hostile in 
 principle to every government that has not in view the 
 
38 THE RIGHTS OF THE CLEBGT VINDICATED. 
 
 public and common good. Because of her advocacy of 
 Law and Order, she is to-day the only grand, conserva- 
 tive power on earth, and the firm pillar of every State. 
 For all who heed her voice must walk in the path of 
 obedience to authority, which is the path of peace and 
 prosperity. And when, for the preservation of Law and 
 Order and the attainment of peace, the State is obliged to 
 engage in war, there are no braver or more loyal soldiers 
 than her children, of whatsoever clime or color, race or 
 tongue, as, in times of peace, there are no better citizens 
 than those who obey her laws and hearken to her voice. 
 
 We see, therefore, that the Catholic Church is em- 
 inently distinguished for her love of Law and Order. 
 She is the uncompromising enemy of absolute and 
 arbitrary power either in Church or in State, whilst she 
 is the stanch friend and incorruptible advocate, as well as 
 the fearless teacher of submission to lawful authority 
 and to alljust laws. None of her officials possess abso- 
 lute, much less arbitrary power. They must be guided and 
 governed by law. The Canon Law of the Church is 
 the Rule by which they are expected to square their 
 conduct. 
 
 Canon Law is the result of the wisdom and experience 
 of ages. 
 
 It was composed or put together by some of the 
 wisest and holiest of men. 
 
 It is at the foundation even of all the celebrated civil 
 codes of the Christian era. 
 
 It was the principles of right and justice taught by 
 
NO ABNORMAL POWER IN THE CHURCH. 
 
 3D 
 
 the Canon Law of the Church, that wrested from a 
 tyrant the Magna Charta of human liberties. 
 
 The Canon Law of the Church is drawn from teach- 
 ing's the most venerable, from documents the most 
 worthy of our admiration, and from sources that com- 
 mand our respect and obedience, viz. : From the teach- 
 ings of the Word of God ; from Jthe writings of the 
 renowned Fathers and Doctors of the Church ; from the 
 Decrees of Sovereign Pontiffs, the Vicegerents of Christ 
 in the government of the Church Militant, and of their 
 Sacred Congregations of Cardinals, composed of men 
 venerable for their age, distinguished for their learning 
 and experience, and remarkable for their piety and 
 incorruptible justice ; from the laws and regulations of 
 the venerable and saintly bishops of the Church, who, in 
 council assembled, enlightened by experience and guided 
 by piety, justice and charity, enacted, from age to age, 
 wise and salutary statutes for the good government of 
 the Church. 
 
 Canon Law is founded on the eternal and immutable 
 principles of justice. 
 
 It is animated by the breath of Divine Charity. 
 
 It has, in fine, been promulgated by the highest 
 authority on earth. 
 
 In all cases, where its principles and rules are appli- 
 cable, it is the only sure and safe guide of action for all 
 possessed of ecclesiastical authority. 
 
 " The principles," says Smith, in his Preface to Notes, 
 etc., " underlying ecclesiastical jurisprudence, are, like 
 those of moral theology, unchangeable, and the same in 
 
40 THE EIGHTS OF THE CLERGY VINDICATED, 
 
 every country : their application, however, is different, 
 accidentally at least, in the various parts of the Christian 
 world. 
 
 " The principles themselves of Canon Law flow from the 
 essential constitution of the Church ; hence they are as 
 fixed as is the essence of the Church. I am not one of 
 those who think that the combined wisdom of nineteen 
 centuries, as concentrated in ecclesiastical jurisprudence, 
 is wholly inapplicable to this country, or altogether out 
 of date, that we need a system of ecclesiastical legis- 
 lation entirely distinct from that which was laid down 
 by the Fathers of the Church, and the immortal Pontiffs 
 of old. 
 
 " While it may be said that Canon Law is, to a certain 
 limited extent, the outgrowth of circumstances of time 
 and place, yet it must not be forgotten, that everywhere 
 exists the same Church, the same hierarchy, and in 
 consequence, substantially the same relation between 
 bishops, priests and laity." 
 
CHAPTER III. 
 
 OUR ANOMALOUS CONDITION OF ECCLESIASTICAL 
 GOVERNMENT. 
 
 The Catholic Church, as we have just seen, entrusts 
 absolute, much less arbitrary power to the keeping of no 
 one man, either in the ranks of the inferior clergy, or of 
 the episcopate. A learned Catholic prelate, Rt. Rev. 
 Silas Chatard, fresh from the " Eternal City," of whose 
 fountains of piety and learning he had drunk for many 
 years, openly proclaimed this truth but a few years ago, 
 when he said " The Catholic Church does not favor has 
 never favored arbitrary power." 
 
 Civil governments, even, have made the discovery that 
 absolute or arbitrary power in the hands of one man is 
 hostile to the interests of the state and of its citizens. 
 Neither the President of the United States nor England's 
 monarch possesses such power. Both are amenable to 
 Law for their official acts. Both are bound by wise, 
 constitutional restrictions, to hinder them from abusing 
 their power. 
 
 If we desire to see the evil fruits of the tree of Absolut- 
 ism, and the baneful effects of arbitrary power in the 
 civil order, we have only to turn our eyes to the govern- 
 ments, at the head of which reigns the Czar of Russia, or 
 the Sultan of Turkey, or the Chancellor of Prussia, the 
 last of whom has at least been the power behind the 
 
42 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 throne. The constitutions of these governments do not, 
 indeed, confer upon their rulers absolute, much less 
 arbitrary power. The evils under which these nations 
 have been groaning in past years, and which even now 
 press heavily upon them, result from the attempt to 
 override law, and rule with a despotic sceptre. 
 
 Men are men after all, whether they rule in Church or 
 in State ; whether they exercise authority in the free 
 republic of America, in the kingdoms and monarchies of 
 Europe, or in the more remote empires of the East. 
 They can, therefore, abuse their authority, whether it be 
 spiritual or temporal, regal or sacerdotal, unless the 
 occasion of abusing it be taken from them by consti- 
 tutional restrictions and safeguards. To say they 
 could not or would not sometimes misuse, or abuse their 
 power, would be to contradict the experience of all time, 
 and to proclaim that the sacerdotal or regal unction takes 
 from spiritual and temporal rulers their human nature and 
 human infirmity. Hence is it, that the Catholic Church, 
 wise beyond all human governments, directed and guided 
 as she is by the Holy Ghost, has never entrusted abso- 
 lute, much less arbitrary power to any of her officials or 
 ministers. 
 
 The exceptional, or rather the anomalous and uncanoni- 
 cal form of ecclesiastical government, as it has been, alas, 
 but too often administered in the United States, espec- 
 ially as regards the relations of the bishop with his clergy, 
 beyond a doubt has approached the absolute: nay, has 
 often been none other than the arbitrary and sometimes 
 capricious will of one man. Louis XIV. of France, in the 
 
OUR ANOMALOUS FORM OF CHURCH DISCIPLINE. 43 
 
 consciousness and pride of power, put an end to all dis- 
 cussion and remonstrance, by the simple but significant 
 words, " L'etat, c'est moi." In like manner, some of our 
 prelates have closed the mouths of those appealing to the 
 laws of the Church for redress against grievances, by 
 declaring their ipse dixit the law. M Ego sum jus canoni- 
 cum," are words that fell from the lips of a bishop of the 
 United States, yet living, to show the extent of his power, 
 and the folly of resisting his will. In fact, " I am the 
 bishop," is the only and ultima ratio that some prelates 
 in the United States have sometimes given for their acts, 
 how incomprehensible soever they were in themselves, 
 or opposed to the spirit and letter of the Canon Law of 
 the Church. 
 
 The neglect, on the one hand, of proper and merited 
 punishment, and on the other, the excessive and un- 
 canonical punishment inflicted sometimes on clergymen, 
 show how far we have strayed from the normal ecclesi- 
 astical discipline of the Church. 
 
 It is not often, thank God, considering the great 
 number of priests and the many dangers to which they 
 are exposed, that we hear of any of them straying far from 
 the narrow path of virtue and ecclesiastical discipline. 
 And when a priest does err, his fault, as a rule, is such, 
 that in another it would not excite comment, or scarcely 
 be noticed. Great, indeed, is the dignity of the Christian 
 Priesthood, and eminent the sanctity it demands. This 
 the people themselves know. What in a layman might be 
 only alight transgression, may, in a clergy min, be a grave 
 fault. 
 
44 THE RIGHTS OP THE CLERGY VINDICATED. 
 
 But priests are not impeccable. They are men, and are 
 liable to err, and now and again do err. It is in such 
 cases that our anomalous condition of ecclesiastical 
 government is conspicuously made manifest. Some have 
 sinned grievously, and either no note of censure whatever 
 has been passed upon them, or they were punished lightly: 
 others have sinned lightly and have been punished most 
 rigorously. In most cases, there has been an immense 
 disproportion between the fault and the punishment. 
 
 In fact, when I consider on the one side, a priest's fault 
 of frailty or surprise, certainly not of malice, and the 
 punishment I have known, without admonition, warning, 
 citation or trial, to have been inflicted for it, that of being 
 dismissed from his diocese and made a helpless outcast on 
 the world, I am forced to confess, that the Episcopal code 
 of ecclesiastical penalties, followed too often in practice 
 in these United States for the punishment of clerical de- 
 linquents, bears a strong resemblance to the ancient code 
 of the celebrated Draco. This latter has been summed 
 up in one word : " Death for larceny ; and for parricide 
 or treason there remains only death." 
 
 In like manner, suspension and exile, a fate sometimes 
 worse than death, " Nonnunquam morte durior," has been 
 often decreed for ordinary faults into which any one is 
 liable to fall, and there remains no other punishment to 
 be inflicted on the public apostate, or the contumacious 
 rebel to authority. In the absence of canonical procedure 
 and canonical punishments, this Draconian code embraces 
 the sum and substance of the ecclesiastical criminal code 
 of the United States as it has been reduced to practice by 
 
OUR ANOMALOUS FORM OF CHURCH DISCIPLINE. 15 
 
 some at least, if not by many of our prelates. Banish- 
 ment, exile and social death, is the punishment that has 
 been meted out alike to the shameless reviler of Holy 
 Mother Church, and to the poor victim of surprise and 
 frailty. 
 
 Nay, more, in this unique code of unauthorized eccle- 
 siastical discipline, the greater the crime the easier seems 
 the pardon. Should a clergyman make a great deal of 
 noise in the world, and raise his impious hand against the 
 mother that bore him in Christ, a la Hyacinthe or Dbllinger, 
 his ecclesiastical superior would most eagerly make some 
 provision for him in a monastery, or some other place of 
 retirement, should he show the least desire of returning 
 to the Church which he insulted and outraged. I do not 
 find fault with this. It is right. It is according to the 
 spirit of the Church's mercy and charity. Like her Divine 
 Founder, the Catholic Church " wishes all men to be 
 saved." But why, on the other hand, should that same 
 ecclesiastical superior absolutely refuse to do any thing 
 for, and close his doors against the poor priest, whose 
 fault, compared with that of the former, was as a mole-hill 
 compared to a mountain, and who, in poverty and evil 
 repute, in hunger and nakedness, is true and loyal to the 
 Faith of his fathers, and whose desire is to walk in its 
 precepts? No matter how sincerely determined he is to 
 return to the path of ecclesiastical discipline, and to re- 
 deem his error, he oftentimes receives only harsh and 
 unkind treatment. He is thrown helplessly on the world. 
 Every door of return into the ark seems closed against 
 him. Even those to whom he has a right to look up to for 
 
46 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 encouragement, guidance, protection, mercy and justice, 
 seem by their uncanonical treatment, determined to drive 
 him to desolation, ruin, and despair. 
 
 Such has been our anomalous condition of ecclesiastical 
 government in the past ! But it is said that henceforth 
 a different state of things will exist in the United States 
 in consequence of the recent " Instructio" from Rome of 
 July 20, 1878, taking action in the matter, and insisting 
 upon Quasi Judicial Investigations and canonical pun- 
 ishments for canonical faults. We all hope that such 
 will be the case, but I am sorry to say that there is many 
 a Thomas among the clergy, who will not believe that 
 this is going to bring much relief, until he sees the good 
 results with his own eyes. Four years have elapsed since 
 its promulgation, and so far at least these results are not 
 very apparent. Sixteen years ago we had a like promise 
 given by our venerable prelates themselves in the Second 
 Plenary Council of Baltimore, and since that time, I 
 doubt very much if throughout the length and breadth 
 of the United States, there has been one canonical trial 
 and one canonical punishment of an erring clergyman. 
 The present dispensation, promulgated under more 
 favorable auspices, and coming directly from our most 
 Holy Father himself, has not, so far at least, been attended 
 with much better success. From present appearances it 
 looks as if the "Instructio," like the Council of Baltimore, 
 would be " put on the shelf." 
 
 As absolute or arbitrary power in the hands of any one 
 man, as we have seen, can be, and often is abused, so our 
 abnormal condition of ecclesiastical government, which 
 
OUR ANOMALOUS FORM OF CHURCH DISCIPLINE. 47 
 
 up to the present has, practically at least, approached 
 nearer the absolute or rather arbitrary, than any other 
 form, can give rise to many inconveniences and evils, 
 has actually been attended with many grave incon- 
 veniences and evils, and from its very nature is always 
 liable to be abused. 
 
 If law is the promoter, guardian and safeguard 
 of peace, stability and good will, its antithesis, the 
 absolute and still more the arbitrary will of one man, 
 must, sooner or "later, occasion discord, dissatisfaction 
 and confusion. It is folly to object, that he who exercises 
 power absolutely or arbitrarily is a holy man, such as 
 are our venerable prelates. As long as he is a frail 
 mortal, liable to err in his judgments, grave inconven- 
 iences and evils and abuses may frequently flow from 
 his administration. This is sufficient to condemn it. 
 Moreover, the Church herself, as we have already seen, 
 is opposed to all government of her subjects that is not 
 according to law. From her knowledge of the heart of 
 man, and her experience of men, she knows how easy it 
 is, for even the best and holiest of men to be mistaken 
 when he has no other guide of conduct but his own 
 absolute will. 
 
 Our anomalous condition of ecclesiastical government 
 comes directly from the non-observance of the laws 
 enacted for the good government of the Church in this 
 country. In the II. Plenary Council of Baltimore, laws 
 were made to be observed by all the bishops of the 
 United States in their treatment of their clergy. These 
 laws, though few 'n number, and of easy observance, have 
 
48 THE EIGHTS OP THE CLERGY VINDICATED. 
 
 been almost entirely ignored. They are, in most dioceses, 
 simply a myth, as far as their practical observance goes. 
 Of them can be said very truthfully, what a loyal and 
 conscientious Catholic journalist said of another Decree, 
 N. 370 of the same Council, which declares, " public and 
 frequent invitations to foundations of perpetual masses, 
 inserted for several months in public newspapers, among 
 secular matters," to be " an intolerable abuse and a 
 profanation of sacred things." Having inserted such an 
 advertisement in his paper, he defended himself for so 
 doing in the following words, which speak the plain 
 truth, not only of the Decree in question, but of those 
 likewise made for the protection of the clergy, and in 
 general of all the Decrees of discipline put together by 
 the Fathers of the Council of Baltimore at the sacrifice 
 of so much time, labor and trouble. 
 
 " The published Acts and Decrees of the Plenary 
 Council of Baltimore, A. D. 1866, form a handsome 
 volume. Not only that, we keep it as a book of 
 reference, and marvel very much at seeing how utterly 
 it is disregarded. . . . When we first received it, we 
 supposed that it was to be law for the Catholics of the 
 United States. 
 
 "We accordingly wrote to a venerable religious mon- 
 astery, saying that we must discontinue its advertise- 
 ments. . . . We received in due time a letter certifying 
 that the bishop of the diocese where the monastery was, 
 sanctioned its publication in our columns. Right on the 
 hand of this, the bishop of another diocese sent us, under 
 his own head, personally known to us, an advertisement 
 
OUR ANOMALOUS FORM OF CHURCH DISCIPLINE. 49 
 
 of the same identical character. When we found some 
 of our bishops disregarding the prescriptions, and when 
 we saw right and left that the handsome Acts and Decrees 
 of the Second Plenary Council were put on the shelf, 
 after the best advice we could reach being taken, we 
 resumed the publication," etc. N. Y. Freeman's Journal, 
 Sept. 13, 1873. 
 
 With much greater reason, as being more universally 
 violated, the same just criticism could be made with re- 
 gard to the Decrees of the same Council, marked yy and 
 122, the one granting a canonical trial to ecclesiastics 
 charged with any delinquency, the other forbidding 
 bishops to dismiss any priest from his diocese until he 
 has secured another bishop. These Decrees are certainly 
 more openly and frequently set at naught, than the one 
 to which the distinguished journalist mentioned above 
 alludes. Priests are frequently dismissed from their dio- 
 ceses, not only before they have secured another bishop, 
 but often with the utmost probability that they will find 
 no bishop who will receive them, or, if he observes the 
 law strictly, who can receive them. " Si qui autem in 
 posterum aliter dimissi fuerint nonrecipiantur" II. Plen- 
 ary Council of Baltimore, N. 122. 
 
 Again, rarely has there been any judicial or canonical 
 proceedings had towards a clergyman charged with any 
 infraction of the law. In these cases, some, if not ma,ny 
 bishops, without any previous admonition or exhortation 
 whatever, without the shadow of atrial or even serious 
 investigation, without apparently thinking of the counsels 
 of the Gospel, or of the instructions of the Church and 
 
50 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the admonitions of her Sacred Canons, have proceeded at 
 once to pronounce a peremptory and absolute sentence, 
 sometimes even arbitrarily casting forth the delinquent 
 from his diocese, a sad fact which is generally made 
 known to him in a few curt words, as: "I have nothing 
 more, sir, to do with you. Go and look for another 
 bishop." 
 
 But, my dear bishop, who may speak thus, permit an 
 humble priest, who loves your eternal welfare, to say to 
 you kindly and in the sincerest friendship, that these 
 words so easily spoken the terrible consequences of which 
 to yourself in eternity, and to the priest for time and 
 eternity, no one can tell do not relieve you of your 
 responsibility to your erring child. You are his spiritual 
 father, who should love him, as the Council of Trent has 
 it, " tanquam filium et fratrem." Until you hand over 
 your Crozier to another, canonically appointed to fill 
 your place, or until it falls from your hands palsied in 
 death, you are that poor priest's bishop, with all the dread 
 responsibilities of a bishop towards him. Instead of looking 
 after your strayed sheep, instead of trying to lead it back 
 into the fold, in pursuance of the teaching and example 
 of your divine Model and Master, you may abandon it 
 by telling it to seek another shepherd and other pastures, 
 but neither the Gospel, nor the Church, nor her Sacred 
 Canons justify such action. 
 
 Pardon the digression. As I was saying, seldom has 
 a priest in this country, charged with a fault, the advan- 
 tage of canonical proceedings. Not only have some 
 bishops not endeavored to arrive at the truth by means 
 
OUR ANOMALOUS FOHM OF CHURCH DISCIPLINE. 51 
 
 of the process indicated in N. 77 of the II. Plenary Coun- 
 cil of Baltimore, nor inflicted punishment according to 
 the spirit and letter of the Holy Canons, but frequently 
 they do not consult even their own Council in the matter. 
 Their own will is the only law by which they have been 
 governed. Right or wrong, just or unjust, their sentence, 
 pronounced without any form of trial, and based some- 
 times on uncertain data, has been conclusive. 
 
 If this sentence should happen to be unjust, which, to 
 say the least, is a possible contingency, the only hope of 
 redress heretofore, has been a journey to Rome, for an 
 appeal to the Metropolitan or Senior Bishop was not in 
 order, as a bishop's sentence in the United States has 
 generally been ex informata conscientia, which allows 
 recourse only to the Holy See. 
 
 It was in view of this additional hardship imposed on 
 priests in the United States, resulting from this method 
 of procedure, that Kenrick, as far back as 1861, said : 
 " Attamen, ut ingenue loquar, cum nulla forma judicii 
 servatur, datur ansa Presulibus detrahendi, veluti omnia 
 pro arbitrio agentibus: et appellationis ad Metropolitan! 
 remedio denegato, nulla reis spes relicta videtur, nisi 
 itinere Rornam suscepto." Theol. Mor. Trac. XXII , de 
 Cens N. 85. 
 
 Few have the means to undertake a journey to Rome 
 to have an unjust sentence righted. Many, had they 
 even the means, have not the courage. Rather than 
 expose themselves to the danger of incurring the bishop's 
 ill-will, and all its possible consequences, they prefer to 
 
52 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 suffer injustice in silence, rather than journey to Rome, 
 or appeal by letter to the Holy See. 
 
 I think I have said sufficient to show how anomalous 
 has been the condition of our ecclesiastical government 
 in these United States. There is no excuse or palliation 
 for it. If even the few laws of discipline already enacted 
 were only observed there would be an immense change 
 for the better. There would then be no need to speak of 
 the evil of dismissing from their dioceses priests not con- 
 tumacious before they had secured another bishop. This 
 evil arises undoubtedly from the non-observance of the 
 ecclesiastical discipline already enacted for the protection 
 of the clergy in this country by Roman Pontiffs, Sacred 
 Congregations, and the II. Plenary Council of Baltimore. 
 The laws already made, bishops as well as priests should 
 scrupulously observe. In their relations with each other, 
 especially if any misunderstanding arises between them, 
 or some offence is charged against a clergyman, these 
 laws, and not the bishop's sole will, should be his rule and 
 guide of action. " Canonum statuta custodiantur ab om- 
 nibus: et nemo in actionibus vel judiciis ecclesiasticis, 
 suo sensu, sed eorum auctoritate ducatur." Nothing 
 whatever of importance should be left to the arbitrary 
 ruling of any one man, who, no matter how just or holy 
 he may be, is liable to err, and to be influenced in his 
 judgment by biassed motives. 
 
CHAPTER IV. 
 
 NECESSITY OF A COMPREHENSIVE AND WELL DEFINED 
 
 CODE OF ECCLESIASTICAL DISCIPLINE FOR THE* 
 
 UNITED STATES. 
 
 The United States still ranks in the category of mis- 
 sionary countries. Its ecclesiastical affairs are exclusively 
 under the supervision of the Sacred Congregation of the 
 Propagation of the Faith, established by Gregory XV. 
 for the government of the Church in all those countries 
 where dioceses are not organized canonically, with 
 chapters, ecclesiastical courts, etc. 
 
 Up to a comparatively recent period, this rank of a 
 purely missiona-ry country was befitting this land. In 
 the early days of our republic especially, and for many 
 years after, even a bishop's lot was that of a hard-work- 
 ing missionary, who was necessitated to take his share 
 of the labor of the confessional, and often even to attend 
 the sick call. Nay, many a time and oft, he had no other 
 means of conveyance in visiting his diocese but that of 
 the pilgrims of old, and on foot, wearied and almost 
 exhausted, he arrived in the dusk of the evening, at the little 
 log chapel where he was to give confirmation on the 
 following morning. 
 
 But a wonderful change has taken place since those 
 days. On every side of us, from the Atlantic ocean to 
 the Pacific, we see incontrovertible evidences of the 
 
54 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 stability of the Catholic Church in the United States. 
 We have the honor of having even a Cardinal in our 
 hierarchy, which is a favor Rome rarely grants to purely 
 missionary countries, and a strong proof that she no 
 longer looks upon the United States altogether in that 
 light.. 
 
 In fact, besides our Cardinal, we have several arch- 
 bishops and many bishops, large and flourishing dioceses, 
 crowded and well defined quasi parishes, magnificent 
 cathedrals and churches, academies and colleges and 
 schools, asylums and hospitals, and religious houses of 
 almost every Order in the Church. 
 
 A bishop, in most parts of the United States, has now 
 every facility of communication with his priests and 
 people. He has his comfortable mansion, as well as his 
 stately cathedral. He has generally a sufficient number 
 of clergy, to surround himself with priests who can attend 
 to all the wants of his cathedral church, and leave him 
 free to devote himself exclusively to the affairs of his 
 diocese, as well as to enable him to carry out to the letter, 
 the grand, imposing ceremonies of the Pontificate. Nor, 
 in fine, is he stinted in means to minister to his material 
 wants, for there are few, if any bishops in the United 
 States but have an abundance for all their necessities 
 and conveniences. 
 
 Moreover, the Catholic Church has a firm footing in 
 this country. She is not trammelled in her actions by 
 Concordats, or by the interference of the State. In fact, 
 the Church is more free in the United States to preach 
 the Gospel, and to exercise her Divine Mission among 
 
NECESSITY OE A FIXED CODE OF DISCIPLINE. 55 
 
 men, than she is in the old Catholic nations of France 
 and Italy. There seems to be no obstacle whatever in 
 the way of introducing any ecclesiastical laws that the 
 changed circumstances of our condition may require. 
 In fact, all the laws of ecclesiastical discipline which have 
 now as just an application as when they were enacted, 
 and are as much needed now as then, could be easily intro- 
 duced, not to speak of the facility there is of observing all 
 the laws already made. 
 
 As soon as the Faith becomes established in a country, 
 the Church wishes that all her laws of ecclesiastical dis- 
 cipline observed throughout the Church, should be grad- 
 ually introduced. Her entire code for the guidance, 
 protection and general good of her , rulers and those 
 governed, cannot be promulgated at once with the plant- 
 ing of the Faith, because of the obstacles to its observance 
 that may exist. As these obstacles, however, disappear, 
 she wishes that all her canons for the general government 
 and well-being of her subjects should gradually obtain. 
 
 Amongst these canons are reckoned those of ecclesias- 
 tical discipline, regulating the relation of the bishop and 
 his clergy, under which falls the subject of uncanonically 
 dismissing priests from their dioceses, which will be dis- 
 cussed in these pages. 
 
 I may here remark, once for all, that when I speak of 
 Canon Law in connection with my subject, I refer, of 
 course, to what relates to ecclesiastical discipline, more 
 particularly to that which regulates and determines all 
 the relations between the bishop and his clergy. I am 
 not ignorant of the fact, that many of the Sacred Canons 
 
56 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 have become obsolete on account of circumstances, whilst 
 others could not be introduced because of their imprac- 
 ticability, though the spirit of piety, charity, justice and 
 mercy that dictated them, is, and ever will remain un- 
 changeable. 
 
 Rome has intimated more than once her desire that 
 Canon Law, as far as possible and practicable, should be 
 introduced and observed in the United States, especially 
 as regards the bishop's relation with his clergy. Her 
 wish is unmistakably seen from several Decisions of her 
 Sacred Congregations in matters pertaining to this coun- 
 try, and from the Instructions given from time to time 
 to the bishops of the United States. The desire of Rome 
 that the Church in this country should gradually conform 
 to the general discipline in vogue elsewhere, is also evi- 
 dent from her refusal to sanction indefinitely, or even ad 
 viginti annos, the privilege of ordaining in this country 
 to the extraordinary Title of the Mission, to which reg- 
 ular canonical titles must succeed as soon as possible. 
 The wish of Rome that our hitherto anomalous condition 
 of ecclesiastical government should cease altogether, and 
 something definite and satisfactory take its place, is also 
 apparent from the latest promulgation of our Holy Father 
 to the American bishops, insisting upon the creation in 
 every diocese of Ecclesiastical Commissions of Investiga- 
 tion, or Quasi Judicial Councils, for the ascertaining of the 
 truth in all ecclesiastical causes. It is the beginning of 
 the end. 
 
 Moreover, our late lamented and sainted Father, Pius 
 the Great, who loved the Church so well, guarded her 
 
NECESSITY OF A FIXED CODE OF DISCIPLINE. 57 
 
 so faithfully, and defended her so bravely; who so 
 nobly and unflinchingly and perseveringly fought the 
 good fight of Faith against the enemies of God and man, 
 and who, when he breathed his pure soul into the hands 
 of his Creator, was no doubt welcomed into Heaven, 
 amidst the joyful acclamations of the Church triumphant, 
 with our beloved Mother Mary, whom be proclaimed 
 Immaculate, at their head Pius IX., one of the greatest 
 and most glorious of the Popes who have reigned since the 
 days of Peter, expressed the desire a short time before 
 his death, that the United States should take her place 
 under the general laws of discipline observed in Catholic 
 countries. His illustrious successor, Leo XIII., seems to 
 be of the same mind. He has already taken the first 
 steps towards its accomplishment, in rigorously requiring 
 that the late " Instructio" of July 20, 1878, be observed 
 by all the archbishops, bishops and vicars apostolic of 
 the United States. Many of the latter, I believe, coin- 
 cide with the views of Rome, of the immortal Pius IX., 
 and of his most worthy successor Leo XIII. This we 
 can, at least, infer from the II. Plenary Council of Balti- 
 more. Smith, in his preface to Notes on the same, says: 
 " The desire of gradually introducing into this country, as 
 far as practicable, the ecclesiastical discipline prevalent 
 throughout almost the entire Church, was strongly and 
 repeatedly expressed by the Fathers of the late National 
 Council of Baltimore. Its decrees tend both avowedly and 
 implicitly to promote the accomplishment of this object." 
 Notwithstanding, however, the wonderful progress 
 of the Catholic Church in the United States, and the 
 
58 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 readiness with which all the laws of discipline already 
 enacted could be carried out, and others even added, we 
 are yet in the position of a purely missionary country. 
 Up to the present time there has been scarcely a shadow 
 of change in ecclesiastical discipline as practised in the 
 government of the clergy in this country, and that 
 followed by the illustrious and venerable Carroll, when 
 he was Prefect Apostolic of the whole United States. 
 Things now are ripe for a change for the better, or for 
 the substitution of Law and Order for our hitherto 
 anomalous condition of ecclesiastical government. That 
 the time is opportune nothing is more certain. The 
 recent action of heaven-inspired Rome is a conclusive 
 proof of this. 
 
 The multitude of Catholic Churches, the interests of 
 the faithful, of religion in general, and of the clergy 
 especially, both bishops and priests, require a more 
 definite ecclesiastical discipline, than when the country 
 was one vast diocese. This is necessary, to keep every 
 thing in order, and for the comfort and edification of the 
 faithful and of the body ecclesiastic. It is of the utmost 
 importance, because of the great number of bisliops and 
 priests, that their mutual relations should be clearly 
 determined, and especially that all difficulties and mis- 
 understandings which may arise between them, should be 
 justly settled, without derogating from the rights of 
 either. This can be effected only by a comprehensive 
 and well defined code of ecclesiastical discipline, binding 
 upon all, and whose special laws must be observed 
 
NECESSITY OF A FIXED CODE OF DISCIPLINE. 59 
 
 faithfully and conscientiously by our venerable prelates 
 themselves, as well as by the clergy. 
 
 It was the longing and ambition of the inhabitants of 
 every province conquered by the Roman Eagles to 
 become citizens of Rome. In like manner, do we, the 
 clergy of the United States, long for the day, which does 
 not seem to be remote, when we will have over us the 
 asgis of the benign, just, and merciful discipline of the 
 Church of Rome, and we hope that our venerable 
 prelates will help to bring about this consummation so 
 anxiously looked for. 
 
CHAPTER V. 
 
 THE EVIL OF DISMISSING UNCANONICALLY ANY 
 CLERGYMAN FROM HIS DIOCESE. 
 
 Before I proceed briefly to portray the evil to which 
 these humble pages are intended to call the attention of 
 the venerable authorities of the Church in the United 
 States, a few preliminary words are necessary, that I may 
 not be misunderstood. 
 
 It is, indeed, sometimes a sad necessity, and now and 
 again, an unfortunate priest may leave no other alternative 
 to his bishop but to abandon him to his folly, until he 
 returns to better dispositions. But such a sad necessity 
 takes place in one case only. It is when an erring priest 
 is likewise contumacious. Contumacy, and contumacy 
 alone, cuts him off from the Church's mere} 7 ', and from 
 the protection and clemency which, in all other cases, he 
 has a right to expect from his bishop, the Church's rep- 
 resentative towards him. 
 
 M. Luther, who tried to rend apart the seamless gar- 
 ment of Christ, His Church, would have been pardoned 
 his impious revolt against Divine Authority, had he 
 followed up any of his many protestations of obedience 
 and submission to the Holy See, which he made whilst 
 the fear of God and his grace seemed yet to influence him 
 for good ; but putting aside the former and trampling the 
 latter under foot, it was only when he had yielded com- 
 
TTNCANONICAL DISMISSAL OF A CLERGYMAN. 61 
 
 plctely to the terrible passions of disappointed ambition, 
 pride and lust, and imitating the example of Lucifer, the 
 first " reformer," exclaimed, as he did, " Non serviam," or, 
 in other words, became contumacious, that he was aban- 
 doned by the Catholic Church. 
 
 Luther was a child of the Church and a priest. Had 
 he at any time, even at the last moment of his unfortunate 
 career, returned to the mother whose very life he had 
 attempted, she would have welcomed him with open 
 arms, received him to repentance, pardoned him, and 
 thrown about him her mantle of mercy and protection. 
 But he cut himself loose from her by contumacy. 
 
 It was contumacy that shipwrecked Simon Magus, 
 Ebion, Cerinthus, Arius, Nestorius, Macedonius, Photius, 
 and all through the long line of Heresiarchs to Luther, 
 Calvin, Zwinglius, Henry VIII. and Co. Aaron, a High 
 Priest of the Old Law, and Peter, a High Priest of the 
 New, both sinned grievously, the former by openly sanc- 
 tioning the worship of the Golden Calf, the latter by thrice 
 denying his Divine Master, but they were not contu- 
 macious. They weptand did penance for their sin. God 
 pardoned them. Nay, more, He reinstated them in their 
 office, and permitted them afterivards to minister before Him, 
 and even among the very people whom they had scandalized 
 by their fall from grace. 
 
 Contumacy is the only obstacle then, which prevents a 
 clergyman from experiencing the Church's clemency and 
 protection, and ought to be the only obstacle that would 
 exclude him from the mercy and protection of his bishop. 
 
 It will be well, therefore, to define here, before I pro- 
 
62 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 ceed further, the precise meaning of contumacy, as the 
 word will frequently occur in the following chapters. 
 Moreover, a priest who is contumacious is excepted from 
 the benefit of the law, forfeits all his rights, and can ex- 
 pect no mercy from his bishop, or from the Church, of 
 which the bishop is the representative, until he humbles 
 himself and submits to Authority. 
 
 Contumacy is denned : " Inobedientia a legitime vocato 
 erga judicem, in iis quae ad judicem pertinent, commissa, 
 ita quoad sensum oranes." Schmalzgruber, in tit. 14, lib. 
 2, Decretal N. 38. 
 
 It is clear from this definition', that contumacy in the 
 canonical sense of the word, has rarely, if ever, been found 
 associated with delinquency in this country. For con- 
 tumacy necessarily supposes the existence of ecclesiastical 
 courts. True, ecclesiastical tribunals of justice have been 
 legislated for by the II. Plenary Council of Baltimore, but 
 unfortunately without any practical result. They ended 
 with that legislation. The statute which ordains ecclesiasti- 
 cal trials (N. 77) has been a dead letter from the day it was 
 promulgated to this day. The realization of its salutary 
 ends never took place. It never got further than being 
 printed, sent to Rome as an evidence of the zeal of our 
 venerable prelates in the cause of justice. Having been 
 returned, revised by Rome, it fell into disrepute. It was 
 openly and generally disregarded as if it were of no 
 account whatever. One or another bishop may have 
 observed its provisions for aught I know, but the majority 
 utterly disregarded it. This I do know. Ecclesiastical 
 courts existing therefore only on paper, not in reality, 
 
tTNCANONICAL DISMISSAL OF A CLEBGYMAJT. 63 
 
 there could not by any possibility have been disobedience 
 to them, or to any order issued from them, and conse- 
 quently, there could not, heretofore, have been any con- 
 tumacy in the proper sense of the word, on the part of 
 delinquent clergymen. 
 
 Such, however, will not be the case in the future. As 
 canonical courts, or at least quasi judicial Counsels 
 must be established in every diocese, each clergyman will 
 be amenable to the Counsel of his diocese, and if wilfully 
 disobedient to it, in the legitimate exercise of its juris- 
 diction and functions, he will, as a matter of course, and 
 according to the definition given above, incur the brand 
 of contumacy. 
 
 Gladly, heretofore, would the most part of ecclesiastics 
 in the United States have submitted to the most rigorous 
 sentence of a properly constituted ecclesiastical court, 
 rather than suffer the penalty that has sometimes been 
 decreed against them of being driven ignominiously 
 from their dioceses, and abandoned helplessly to want 
 and misery ;"and in consequence either forced to work at 
 some secular employment to gain their bread, or to beg 
 it from the charity of the faithful. 
 
 The dismissal from his diocese, with or without a 
 judicial investigation, of a priest charged with, or guilty 
 of any offence, is an evil that has resulted immediately 
 from our anomalous condition of ecclesiastical govern- 
 ment. It is an evil that loudly calls for redress, and one 
 that imperatively demands of our Most Rev. and Rt. 
 Rev. Prelates a speedy and efficacious remedy. 
 
 Rome has long endeavored to remedy this evil, but 
 
64 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 she has never taken more effectual steps in the matter 
 than her recent action of imperatively requiring ecclesi- 
 astical tribunals in every diocese of the United States. 
 This is intended to remedy the evil effectually, for the 
 simple reason, that even a quasi judicial investigation 
 requires, if the accused be found guilty, a canonical 
 punishment ; and it is most assuredly no canonical punish- 
 ment to dismiss a priest from his diocese, and abandon 
 him to ruin and desolation. There is not, nor ever will 
 be, a canon to this effect. 
 
 It would seem, then, that I have no further need to 
 speak of an evil, for which the remedy has been pre- 
 scribed. But, alas! this salutary " Instructio" of July 
 20, 1878, seems already a dead letter. A prescription 
 alone will not cure disease. It must be compounded 
 and administered to the patient. In like manner, the 
 prescriptions of the "Instructio" will avail nothing, 
 unless they are carried out in practice. As I remarked 
 in my preface, the quasi judicial investigations com- 
 manded by the "Instructio" must be made according 
 to the spirit and letter of the same, otherwise the evil 
 against which I speak would continue to exist, and 
 become, perhaps, greater than before. There is, even 
 now, therefore, more reason for protesting against the 
 uncanonical penalty that so many priests have suffered 
 in the past, of being helplessly dismissed from their 
 dioceses, and of speaking of the canonical investigation 
 that will remedy it, now that every priest can demand 
 and insist on such investigation, lest the same fate of 
 being made castaways may yet be decreed against them, 
 
UNCANONICAL DISMISSAL OF A CLERGYMAN. 65 
 
 notwithstanding the panoply and imposing array on 
 paper of judge and jury. 
 
 I will, therefore, proceed to expose the evil of help- 
 lessly dismissing a priest from his diocese. A clergy- 
 man contracts many and grave obligations : obligations 
 that cease only with his life ; obligations which 
 require for their faithful discharge much self-denial and 
 constant vigilance, even when surrounded with all the 
 helps which religion and the seclusion of his state afford. 
 Without these helps and this seclusion, it is morally 
 impossible for him to be faithful. Above all is this the 
 case, when thrown into the very jaws of danger and 
 temptation, which always occurs when his bishop dis- 
 misses him uncanonically from his diocese. Such action 
 on the part of his bishop is a sure and almost infallible 
 means of speeding a priest to utter ruin. For, aban- 
 doned by him, his father and only protector on earth, he 
 is often made a wreck for time, and sometimes even for 
 eternity, though such a sad result is not directly and 
 explicitly intended. 
 
 To prove this, we have only to look at the unhappy 
 results of such abandonment. We have only to follow 
 the priest thus forsaken by his bishop and dismissed from 
 his diocese, from the first step he takes in his helpless 
 obedience to the uncanonical, and therefore irregular 
 and unjust sentence of exile pronounced against him, to 
 his last steps on earth, towards the doors of some public 
 hospital, thence to be carried, perhaps, to an obscure 
 and untimely grave. 
 
 The fate of a priest in this country, whom his bishop 
 
66 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 abandons, is a hard and sad one indeed, and suggestive 
 of more miseries and sorrows than my humble pen could 
 depict. Had I even the ability, I have not, for obvious 
 reasons, either the desire or the inclination to portray 
 the helplessness, the bodily privations, the anguish of 
 mind and grief of heart, the desolation of soul from shat- 
 tered hopes and bitter disappointments, the feeling akin 
 to despair, of being made an exile from home and relatives 
 and friends, and even altar, and an outcast amongst men ; 
 much less could I adequately describe the dishonor to 
 religion, the disgrace to the priesthood, and the injury to 
 Holy Church, which follow in the wake of almost every 
 priest forsaken by his bishop and thrown upon his own 
 resources. It would be a sad and sombre picture, indeed, 
 scarcely relieved by a single ray of light. I will simply 
 glance at its' outlines. Details are unnecessary. It needs 
 no coloring. It is too painful already, in its naked reality. 
 A priest cast off by his bishop, who ought to be his 
 best friend on earth, abandoned by him whom the Church 
 gave him as his protector and guardian, is the most forlorn, 
 pitiable, helpless object on the face of God's beautiful 
 earth. Every religious house, and every Catholic 
 Institution in the land is closed against him. They are 
 not bound to provide for him for whom a bishop of the 
 Catholic Church is bound in justice and charity to provide. 
 There is a door open to the drunkard to reform him, to 
 the orphan to feed and clothe him, to the insane to protect 
 and care for him. To every class, and to every creed 
 and nationality, will the passport of poverty, affliction, 
 bodily suffering or mental infirmity, open the doors of 
 
UNCANONICAL DISMISSAL OF A CLERGYMAN. 67 
 
 our charitable Catholic institutions. There is but one for 
 whom there seems to be a refuge nowhere : the unfortunate 
 priest abandoned by his bishop. Were he contumacious 
 the fountains of pity would be justly dried up with regard 
 to him, for then he would have absolutely no one to 
 blame for his miseries but himself and his abominable 
 pride and obstinacy that holds him back from humbly 
 bowing his neck to the sweet yoke of obedience and 
 authority. But, though having erred, he is generally 
 humble and penitent. He loathes his error, and sighs 
 for forgiveness and reconciliation. He would enter any 
 monastery. He would do any amount of penance for 
 his sin. But, in the wide world there is no refuge for him 
 where he can gain admission. It seems that there is no 
 room for him anywhere. 
 
 Is it not strange and I put the question to our venerable 
 prelates, the faithful clergy and the devoted laity is it 
 not passing strange, that amidst the multitude of religious 
 establishments and priests and churches and cathedrals, 
 there is not in this land, a door of welcome open to the 
 poor, erring priest, against whom the bishop has closed 
 his? It is, indeed, strange, and, alas, but too true ! 
 
 When a priest has been forsaken by his bishop, even aeon- 
 frere, willing, or even anxious to keep him, can do little or 
 nothing for him. By giving him hospitality, he often 
 exposes himself to incur the displeasure, and sometimes 
 even the ill-will of his bishop. Though willing to brave 
 this, yet he and his protigS would be placed in an awkward 
 position ; for is it not disedifying at least to a congregation, 
 to have a priest for one's guest, who is not allowed to say 
 
68 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 mass? In consequence, he cannot remain any length of 
 time with his dearest and most devoted friend amongst 
 the clergy. Nay, he is precluded from finding a home 
 even under his own paternal roof, for, not to be allowed 
 to offer up the holy sacrifice, implies some serious crime, 
 or grave unworthiness, and the crushing disgrace and 
 humiliation attached to it he is unwilling to bring to 
 the home of friend, much less of father or mother, brother 
 or sister. 
 
 He has, therefore, no alternative left, but to make 
 application to some other bishop. He does so, but 
 unsuccessfully. He then applies to another, and to 
 another, and to still another, but to no purpose. There 
 is no room for him. In vain does he approach bishop 
 after bishop. Some will not even see him. Some will 
 treat him kindly, and pass him gently to the next, whilst 
 one or another advise him to return to his own bishop, 
 who, by the Canon Law of the Church, by the Title of his 
 ordination, and by the titles of mercy, charity and justice, 
 is bound to care for him as long as he is not contumacious. 
 But his own bishop refused, perhaps, even to see him, 
 before he started on what proved for him only a wild 
 goose chase. He knows that it is useless for him to 
 return. What then will he do ? What can he do ? Were 
 he a mechanic, or a farmer, or even a laborer, he might 
 find employment. But HE IS A PRIEST. 
 
 It has been said, and even advocated, that a priest in 
 this country, who has been forsaken by his bishop, ought 
 to turn his hand or brains to some use to earn a living 
 for himself. I know of two bishops even, in the United 
 
CNCANONICAL DISMISSAL OF A CLERGYMAN. 69 
 
 States, who recommended unfortunate priests, whom they 
 had uncanonically dismissed from their dioceses, to seek 
 some secular employment to earn their bread. In my 
 humble judgment, such advice was equivalent to telling 
 them to positively peril the salvation of their immortal 
 souls. For, if it is difficult even, for one to save his soul 
 in his vocation, with all the helps, natural and supernat- 
 ural, which it affords, it is beyond comparison far more 
 difficult for him to secure his salvation outside of his 
 calling. Such, at least, is the teaching of all ascetic 
 writers. 
 
 It is false, and a pernicious error, and contrary to the 
 spirit and teaching of the Church, as I shall prove in the 
 proper place, to say that a priest who may have erred, 
 even grievously and repeatedly, is allowed to abandon 
 his cassock, and take up the spade, or become a lawyer, 
 doctor, farmer, or tradesman to gain the means of sub- 
 sistence. 
 
 A priest is never permitted to abandon his state and 
 enter secular life. Nay, if he have a particle of the spirit 
 of the Priesthood within his heart, he cannot force him- 
 self to follow any other avocation than the one to which 
 God called him. The mysterious mark of the priesthood 
 of Jesus Christ imprinted on his soul by the Sacrament 
 of Order, holds him back. The Church asserts positively 
 that it is unbecoming and degrading to the sacerdotal 
 dignity to engage in secular pursuits, " Cum indecorum 
 omnino sit atque a clericorum qui Sacris Ordinibus con- 
 stituuntur, dignitate prorsus alienum, ut ipsi aut mendi- 
 catis subsidiis, aut ex sordido qusestu, ea quae ad victum 
 
70 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 necessaria sunt, sibi comparare cogantur." Instr. S. C. 
 de P. F. de Tit. Ord. How unworthy soever he may be, 
 he feels the truth of these words in the very inmost 
 recesses of his being. How far soever he may have 
 strayed in forbidden paths, he cannot bring his mind to 
 lay aside his cassock forever, and assume the garb and 
 occupation of a layman. Even for him such occupation 
 is "sordidum." Sheer necessity and absolute want may, 
 indeed, force him to it, but as long as he lives, the priest- 
 hood, which, in his proper and legitimate sphere, would 
 be the joy and comfort of his life, becomes for him an 
 overwhelming weight of bitterness and sorrow. His 
 heart will ever be torn with anguish and bowed down 
 with grief, though possessed of every earthly pleasure 
 and comfort, until he again enters "in domum Domini," 
 and takes his place therein, even though it be that of a 
 penitent, unless he has lost all faith and every hope of 
 happiness here and hereafter. This phenomenon can be 
 explained only by the power and grace of the Sacrament 
 of Order working in him, preserving him often from 
 what might prove the shipwreck of his salvation, and 
 urging him on to seek, sometimes even almost against 
 hope, a path of life in accordance with his sacred 
 character. 
 
 The clergyman dismissed from his diocese and aban- 
 doned by his bishop, not being allowed to work, and 
 ashamed to beg, and unsuccessful in every application 
 to this or another bishop, who certainly cannot be blamed 
 for not receiving him, as he has no claim whatsoever 
 
UNCANONICAL DISMISSAL OF A CLEEGYMAN. 71 
 
 on them, knows not what to do, or whither to turn his 
 face for a refuge. 
 
 In this perplexing and troubled state of mind, he is 
 informed of a certain monaster) 7 , where he will prob- 
 ably be welcomed. Hope revives in his heart. He 
 has read of the monasteries of old, synonymous with 
 charity and hospitality. If the monks received with kind- 
 ness, and treated with thoughtful and Christian charity, 
 the poorest of God's poor; if, through respect for him. 
 Who, when on earth, " Had not whereon to lay His Head," 
 they bathed their feet, and set out the bountiful repast, 
 and provided the comfortable couch ; they will doubtless 
 be moved to compassion towards him, who, moreover, 
 bears impressed on his soul the priestly character. Be- 
 sides, being in all probability of the number of the poor, 
 he has this additional motive to hope for a kind reception. 
 
 Thus soliloquizing, he starts for the monastery of 
 which he has heard, hoping there at least he will find a 
 shelter and an asylum, where he can live as becomes the 
 priestly character. He wends his way thither, only to 
 find on his arrival all his bright anticipations blasted, for 
 he learns that the regulations of the monastery do not 
 allow him to stay longer than a few days at most, unless 
 he has a letter from his bishop authorizing them to re- 
 ceive him. No blame can attach to them for refusing 
 him an asylum in his helplessness, for it is very true, as 
 they may inform him, that his bishop is the proper per- 
 son to provide him with a home. But, alas ! it was his 
 bishop, and he knows it to his sorrow, that made him 
 homeless and a wanderer on the face of the earth. 
 
72 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 A brother clergyman perhaps whom he approaches in 
 his distress, tells him of some college where he may find 
 employment as a teacher. So anxious is he to be in 
 some place where he can live according to the spirit of 
 his calling, that he is willing to teach, even, for his board. 
 Sore at heart for his many disappointments, he makes 
 application at the college for any position, however hum- 
 ble, in which he can be of service. He receives for 
 answer, that every position therein has been filled. Again 
 they may give him the information he has heard repeated 
 so often, that it is his bishop, who, in charity and justice, 
 is bound to do something for him. He feels, however, 
 that if he returns, he will only do as he did before, close 
 his doors against him ! Besides, he is now probably with- 
 out means, and far away from home and friends. 
 
 I have, dear reader, given but a very imperfect outline 
 of the position in which many a good priest even, in the 
 United States, has been placed, by being dismissed from 
 his diocese. I say advisedly, of many a good priest, for 
 his transient fall, of no very serious nature, did not 
 vitiate him, or make of him a bad priest. 
 
 If, now, we withdraw our eyes from the unfortunate 
 priest himself, and view this act of helplessly dismissing 
 him from his diocese, in all its baneful consequence of sin 
 and shame and scandal, of dishonor to the Church, injury 
 to religion, to the priestly character and dignity, and to 
 immortal souls, we have, indeed, abundant cause ol tears 
 and sadness. I need not dwell on this manifold phase of 
 the evil. Every bishop, priest and almost every layman 
 in the United States is conversant with it. Few there 
 
UNCAXONICAL DISMISSAL OF A CLERGYMAN. 73 
 
 are who have not seen with their own eyes, this evil in 
 its sad consequences, or have not heard of it with their 
 own ears. Often has it been made the subject of even 
 the newspaper paragraph. 
 
 All the calamities and miseries that overwhelm an un- 
 fortunate priest who has been dismissed from his diocese 
 and thrown helplessly on the world, are insignificant 
 are nothing at alt compared to the injury inflicted 
 thereby on the Catholic Church, on the honor of the 
 priesthood of Jesus Christ, and on immortal souls. I 
 will not sadden the hearts of my readers, by enumerating 
 all the other evils and scandals that flow, as a consequence, 
 from this one evil, of helplessly and uncanonically dis- 
 missing a clergyman from his diocese. They have been 
 summed up in one word by the immortal Pontiff, St. Pius V., 
 overthree centuriesago, when legislating against this very 
 evil of which I complain, whence so many others follow, 
 viz. : that of priests being left helpless and without an 
 ecclesiastical superior: "Cum .... per sseculum vagan- 
 tes vel, mendicare, vel sordidum questum exercere, non 
 sine ipsorum dedecore, et ordinis vilipendio, et quam 
 plurimorum fidelium scandalo." Bulla Romanus Pontifex. 
 
 It is against this evil of uncanonically dismissing priests 
 from their dioceses, so prolific in unholy fruits of ruin to 
 the individual, as well as of disorder in the Church, scan- 
 dal to the faithful and loss of souls, that I enter my 
 solemn protest in these pages, in the name of hundreds 
 of my fellow-clergymen, and of tens of thousands of the 
 devoted laity. 
 
 The establishment in every diocese, on a true and 
 
74: THE RIGHTS OF THE CLERGY VINDICATED. 
 
 solid foundation, i. e., according to the spirit and letter of 
 the late " Instructio " Quamvis, of July 20, 1878, and 
 according to the Canon Law of the Church, of ecclesiasti- 
 cal tribunals of justice, ought, as I have more than once 
 remarked, to give the death-blow to this evil and all its 
 baneful consequences. For canonical tribunals, whether 
 courts, or quasi judicial investigations, unless they be 
 made a sham and a mockery, will and must inflict canon- 
 ical punishments, of which helplessly dismissing a priest 
 from his diocese and abandoning him to ruin, is not one. 
 And yet, so universal and of such long standing has been 
 this evil, that many even now fear that it will not be 
 abolished, and, therefore, a voice of remonstrance is not 
 out of place, and may be most opportune, and productive 
 of beneficial results, especially when backed by the voice 
 and authority of Rome. 
 
 This evil of which I speak, is certainly not an imagin- 
 ary one, as regards the past, at least. It has been a 
 tangible, palpable, sad reality, witnessed every day of the 
 three hundred and sixty-five days of the year, in its sad 
 consequences of roaming priests and sacerdotal scandals. 
 It brings dishonor on religion, contempt on the sacerdotal 
 character, odium on the bishops and clergy in general, 
 is weakening the faith of the good, and destroying that 
 of the lukewarm. Why this evil has been allowed to go 
 unchecked so long is to me a mystery and a wonder. 
 Mercy, justice, charity, the welfare of Catholicity, even 
 our common humanity cry out against it. It has been 
 the " Abomination of Desolation " in the Church in the 
 United States. 
 
CHAPTER VI. 
 
 THE SECOND PLENARY COUNCIL OT BALTIMORE, AND 
 THE SPIRIT AND LETTER OF THE COUNCIL OF 
 TRENT, PROHIBIT THE UNCANONICAL DIS- 
 MISSAL OF ANY CLERGYMAN FROM HIS 
 DIOCESE. 
 
 It was to remedy this evil, of which I spoke in the 
 preceding chapter, that of dismissing from his diocese 
 any priest notcontumacious, and thus consigning him to 
 almost certain ruin, that the Fathers of the II. Plenary 
 Council of Baltimore made the following statute: " Sta- 
 tuunt Patres, nullum harum Provinciarum Sacerdotem, 
 ad aliam dicecesim transire volentem, a proprio episcopo 
 dimittendum, nisi certo constet eum ab alio episcopo recipien- 
 dum. Siquiautem in posterum aiiter dimissi fuerint, non 
 recipiantur." N. 122. 
 
 That the animating spirit of the above Decree was to 
 remedy the evil of dismissing priests uncanonically from 
 their dioceses, is evident from the words of Cardinal 
 Barnabo to the Fathers of the Council, suggesting the 
 statute itself, " Imo Patres 7mae Synodi Baltimorensis, 
 ut omnem vagandi viam clericis proecluderent, jam Can. V. 
 statuerant," "Nullum harum Provinciarum sacerdotem," 
 etc. 
 
 Some of our venerable prelates have not observed the 
 above salutary decree. When a priest erred, their only 
 
76 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 solicitude seemed to have been, not how they would cor- 
 rect and save him, but how they could get rid of him. 
 Many bishops have given letters dimissory to clergy- 
 men, though they knew well that they had secured no 
 other bishop, and knew very well, too, that no other 
 bishop could receive them. " Si qui autem in posterum 
 aliter dimissi fuerint non recipiantur." Is this complying 
 with the injunction of the Council of Baltimore, " Nullum 
 sacerdotem a proprio episcopo dimittendum, nisi certo 
 constet eum ab alio episcopo recipiendum"? 
 
 That I state only the plain, simple truth in this matter, 
 the great number of priests shifting every day from the east 
 to the west, and from the north to the south, abundantly 
 proves. There is scarcely a month, and in many places not 
 a week passes but witnesses one or more priests seeking in 
 vain for some refuge, where, sheltered from the gaze of the 
 world, they can lead a life in conformity with the nature of 
 their calling. Can any adequate reason be given for this 
 sad state of things, other than the positive disregard of the 
 above quoted statute of the II. Plenary Council of Balti- 
 more, as well as that other Decree of the same Council 
 granting to every ecclesiastic charged with any offence, a 
 fair and impartial trial, which necessarily implies a definite 
 sentence ? It is self-evident that this crying evil of home- 
 less and wandering priests would not exist, if the above 
 statute of the Council of Baltimore were observed by all 
 our venerable prelates. 
 
 And back of this violation of the Decree of Baltimore, is 
 the direct and positive disregard of a higher and more 
 venerable authority, the Council of Trent, or the very 
 
COUNCILS OF TRENT AND BALTIMORE ON THE SUBJECT. 77 
 
 voice of the Church itself. This Holy and OEcumenical 
 Council admonishes bishops of the duties of love and 
 protection they owe their clergy. It reminds them of 
 the anxious solicitude they should have for their welfare, 
 and the obligation they are under of caring for them as 
 a father for his children, a brother for his brethren, or a 
 pastor for the members of his flock. But, for the edifica- 
 tion of my readers, I will give the very words of the 
 venerable Fathers, found in Sess. xiii., cap. i, de Re for. 
 
 " Eadem sacrosancta Tridentina Synodus, in Spiritu 
 Sancto legitime congregata .... intendens nonnulla sta- 
 tuere, quae ad jurisdictionem pertinent episcoporum .... 
 illud primum eos admonendos censet, ut se Pastores non 
 percussores esse meminerint, atque ita prseesse sibi subditis 
 oportere, ut non eis dominentur, sed illos, tanquam jilios et 
 fratres diligant : elaborentque ut hortando, et mo?iendo, ab 
 illicitis deterreant, ne, ubi deliquerint, debitis eos poznis coer- 
 cere cogantur. Quos tamen, si quid per humanam fragili- 
 tatem peccare contigerit, ilia Apostoii est ab eis servanda 
 prasceptio, ut illos arguant, obsecrent, increpent in omni bo- 
 nitate et patient ia : cum scepe plus erga corrigendos agat benc- 
 volentia quam austeritas ; plus exhortatio, quam comminatio; 
 plus charitas, quam potestas. Sin autem ob delicti gravitatem 
 virga opus fuerit ; tunc cum mansuetudine rigor, cum mi- 
 sericordia judicium ; cum lenitate severitas adhibenda est, 
 ut sine asperitate, disciplina populis salutaris, ac neeessaria 
 conservetur; et qui correcti fuerint EMENDENTUR ; 
 aut si resipiscere noluerint, ceteri, salubri in eos animad- 
 versionis exemplo, a vitiis deterreantur ; cum sit diligentis, 
 et pii simul pastoris officuim, morbis ovium levia primum 
 
78 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 adhibere /omenta ; post, ubi morbi gravitas it a postutet, ad 
 acriora, et graviora remedia dcscendere : sin autem nee ea 
 quidem proficiant illis submovendis, ceteras saltern oves 
 a contagionis periculo liberare." 
 
 Here we have the very inspired voice of the infallible 
 Church, instructing and admonishing her bishops how to 
 act towards their clergy, either to prevent them from 
 going astray, or to save them, should it happen that they 
 sin. In hearkening to this voice there need be no fear of 
 being mistaken. In following, to the letter, these 
 admonitions and instructions of the Council of Trent, 
 there is no danger of being led astray, or of being " too 
 lenient." 
 
 This evil of homeless priests, wandering from diocese 
 to diocese, or again, of priests homeless at home, begging 
 their daily bread from the charity of the clergy and of 
 the laity, would most certainly not exist, if every bishop 
 in the United States heeded and followed in practice the 
 above wise and salutary instructions and admonitions 
 with regard to their clergy, besides observing towards 
 them the method of acting laid down by the Fathers of 
 the II. Plenary Council of Baltimore. To any one read- 
 ing the Councils of Trent and of Baltimore this is evident. 
 It neeJs no further proof. It is as clear as the noonday 
 sun. 
 
 It is now over three centuries since the venerable 
 Fathers of Trent gave the above instructions and ad- 
 monitions to the bishops of the Catholic Church, and 
 to-day they read as if they had in view the uncanonical 
 
COUNCILS OF TRENT ASD BALTIMORE ON THE SUBJECT. 79 
 
 manner in which some bishops in the United States have 
 treated their clergy. 
 
 How grandly harmonious do not the words of the 
 venerable Fathers of Trent, full of wisdom and breathing 
 the spirit of Divine Charity, now strike on our ears, after 
 the lapse of more than three hundred years ! " Sacro 
 sancta Sy nodus in Spiritu Sancto legitime congregata, 
 illud primum eos (episcopos) admonendus censet, ut se 
 pastores, non percussores esse meminerint; atque ita 
 prseesse sibi subditis oportere, ~ut non eis dominentur, 
 sed illos, tanquam filios et fratres diligant." How their 
 words breathe the spirit of paternal solicitude with 
 which the Church wishes the hearts of all her bishops to 
 be filled towards their clergy ! " Elaborentque, ut hor- 
 tando, et monendo, ab illicitis deterreant ; ne, ubi 
 deliquerint, debitis eos pcenis coercere cogantur." How 
 they inculcate still the love of a Father for his erring 
 child, and a Father's efforts to bring him back to the 
 path of duty! "Quos tamen, si quid per humanam 
 fragilitatem peccare contigerit, ilia Apostoli est ab eis 
 servanda praeceptio, ut illos arguant, obsecrent, incre- 
 pent in omni bonitate et patientia ; cum saepe, plus erga 
 corrigendos agat benevolentia quam austeritas ; plus 
 exhortatio quam comminatio ; plus charitas quam potes- 
 tas." And, finally, when punishment becomes necessary, 
 and the rod of correction must be used, how they insist 
 that the bishop make use of it with the feelings of a 
 FatJier ! " Sin autem, ob delicti gravitatem, virga opus 
 fuerit ; tunc cum mansuetudine rigor, cum misericordia 
 judicium, cum lenitate severitas adh/benda est, ut sine 
 
80 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 asperitate, disciplina populis salutaris ac necessaria con- 
 servetur: et qui correcti fuerint emendentur" 
 
 Oh ! grand, beautiful, merciful, and admirable spirit of 
 the Holy Catholic Church ! It is full of sweet gentleness, 
 and withal replete with justice. It possesses the firmness 
 of a Father and at the same time the tenderness of a 
 Mother. It is none other than the benign, just and mer- 
 ciful spirit of Jesus Christ himself. Would that all 
 ecclesiastical superiors were possessed of this spirit ! 
 Acting towards their clergy in the spirit of charity, 
 compassion, benignity, mercy and justice, so beautifully 
 and so forcibly described by the holy and (Ecumenical 
 Council of Trent, the utmost harmony and affection 
 would subsist between them and their subjects. Great 
 indeed is the love, surpassing that of flesh and blood, 
 between the simple laic and the true Pastor, but greater 
 far is the love and affection and confidence that exist 
 between a true bishop and his clergy. 
 
 It is the fault in a great measure of some of our bishops 
 themselves, and I say it in all kindness and friendship 
 and Christian charity, and most respectfully, if in some 
 dioceses a spirit of coldness and want of confidence has 
 arisen between them and their clergy. It is chiefly their 
 fault, if the spirit of love, reverence and filial affection is 
 disappearing, and that of indifference or stolid obedience 
 is taking its place. It is chiefly their fault if priests are 
 found roaming from diocese to diocese, friendless, home- 
 less and penniless. It is chiefly their fault if Rome, of 
 late years, has been deluged with complaints from the 
 clergy. These and many other evils result from the 
 
COUNCILS OF TRENT AND BALTIMORE ON THE SUBJECT. 81 
 
 admonitions and instructions of the Council of Trent 
 being disregarded, and the laws enacted at Baltimore by 
 the Fathers of the II. Plenary Council being set at 
 naught, 
 
 How, I ask, can the conduct of that ecclesiastical 
 superior be reconciled with the Decree of the Council of 
 Trent which I have quoted, or with the later ones of the 
 Council of Baltimore, who will not even condescend to 
 grant an interview to an erring but penitent priest; who 
 pitilessly closes his door against him, and makes him a 
 helpless outcast upon the world? Do the II. Plenary 
 Council of Baltimore, the Holy and (Ecumenical Council 
 of Trent, the sacred canons of the Church, or the canoup 
 of charity, justice and mercy proclaimed by the Gospel, 
 justify such action ? 
 
 I am indeed pained to be forced, in connection with my 
 subject, to speak so plainly, but, alas! every priest in the 
 United States, who has been any number of years on the 
 mission, knows that I utter only the plain, unvarnished 
 truth ; and if his own bishop is mild, and gentle, and 
 merciful, and just, and a bishop according to God's own 
 heart, he is not ignorant that the same cannot be said of 
 some others. 
 
 How, again I ask, reconcile with the above-quoted 
 decree of the Council of Trent, breathing in every word 
 the spirit of charity and paternal affection, the conduct 
 of that ecclesiastical superior, who, when that poor man 
 whom he has uncanonically dismissed from his diocese 
 finds a home or a refuge, makes use of his authority to 
 oblige his kind benefactors to drive him forth from 
 
82 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 beneath their roof, and thus force him to become again 
 a wanderer on the face of the earth? More than one 
 instance of this kind could be cited, were it either proper 
 or prudent. Many a priest throughout the land can 
 vouch for the truth of what I assert. 
 
 It is far from being a pleasure to expose these sad 
 facts, it grieves me much to do so, but justice to the 
 dead and mercy to the living demand the revelation. 
 The images of men who were good and true, and who 
 were driven to desolation and ruin, or suffered the 
 extreme of mental anguish or bodily privations, in 
 consequence of uncanonical action on the part of their 
 bishops, seem to rise up before me and to plead in behalf 
 of the clergy in the United States of this and future 
 generations, entreating me to remind those of our ven- 
 erable prelates who may need it, of the wise and salutary 
 admonitions and instructions of the Council of Trent, 
 and to humbly and earnestly entreat them to follow to 
 the letter these admonitions and instructions in their 
 official dealings with their clergy. Their voice and 
 it is the voice of a multitude as well as the glory of 
 the Priesthood and the honor of the Catholic Church, 
 have more weight with me than the paltry fear of 
 offending those bishops, who base the government of 
 their clergy on other principles than those laid down by 
 the II. Plenary Council of Baltimore, by the " Instruc- 
 tions" from Rome, or by the Holy and CEcumenical 
 Council of Trent. 
 
 How, again I ask, reconcile with the above decree of 
 Trent, full of the spirit of paternal charity, of mercy and 
 
COUNCILS OF TRENT AND BALTIMORE ON THE SUBJECT. 83 
 
 of rightly understood justice, the conduct of that ecclesi- 
 astical superior, who never drops one word of reproof, 
 warning or exhortation to him who is in danger; for 
 whom the admonition of the Apostle, "Arguent, obse- 
 crent, increpent, in omni bonitate et patientia," is a dead 
 letter; who, when he punishes, never blends mildness 
 with vigor, or mercy with justice, or lenity with severity ; 
 who, in a word, follows but one canon of discipline 
 towards delinquent priests, and that of his own making, 
 or one method of acting towards them, and that is, to 
 discard them altogether, and abandon them to utter ruin 
 and desolation ? Every bishop and every priest in the 
 United States knows that in this I speak only the simple 
 truth, a truth attested every day by the number of 
 shipwrecked priests that are met with, who, having in 
 the beginning but slightly erred, were made complete 
 wrecks by being dismissed from their dioceses by their 
 ecclesiastical superiors, who, in so doing, not only set at 
 naught the admonitions and instructions of the Council 
 of Trent, and the Decrees of the Council of Baltimore, 
 and utterly disregarded their duty as laid down by these 
 venerable authorities, but ignored even the dictates of 
 charity and justice, and the very instincts of our common 
 humanity. It has, indeed, given me much pain, and cost 
 me an effort to speak these plain truths, but my subject 
 imperatively demands it, the evil that I combat requires 
 it, so that, from these scant intimations, our venerable 
 prelates may see for themselves what mighty reasons I 
 had for raising my feeble voice in behalf of the Rights 
 of the Clergy of the United States. 
 
84 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Besides the Council of Trent and the II. Plenary Coun- 
 cil of Baltimore, I may here introduce another author, 
 ity, condemnatory of this evil of uncanonically dismissing 
 priests from their dioceses. Rome, of late years, has put 
 an almost insurmountable obstacle to it. Now no priest 
 can be transferred from his own diocese and affiliated to 
 another without a special concession of the Holy See. 
 This I gather from the following reply to a question 
 asked of the Sacred Congregation by the holy, learned 
 and devoted Coadjutor Archbishop of Cincinnati, Most 
 Rev. Wm. Henry Elder, D. D. 
 
 u Quasritur si sacerdos ex una dicecesi ad alteram transire 
 velit, approbante ordinario suo, estne necesse emittat 
 novum juramentum ? Et ad tale jusjurandum num re- 
 quiratur nova Concessio S. Sedis ?" 
 
 To this the answer was : " Affirmative ad utrumque." 
 
 Yet, notwithstanding the merciful instructions and ad- 
 monitions of the Council of Trent, notwithstanding the 
 Instructions from Rome, and the special enactments 
 made by Rome for the protection of priests in the United 
 States, notwithstanding the legislation of the II. Plenary 
 Council of Baltimore to the same end, we are saddened and 
 grieved to the heart almost every day by the sight of 
 priests, " quasi oves perditse aut errantes," made such by 
 their ecclesiastical superiors. 
 
 The Church certainly does not desire such a state of 
 things. Rome has several times signified her abhorrence 
 of it, and her wish that an end be put to it. Every true 
 and good bishop throughout the land, as well as every 
 priest who loves his Church and reverences the priestly 
 
COUNCILS OF TRENT AND BALTIMORE ON THE SUBJECT. 85 
 
 dignity, deplores it, whilst the intelligent laity are amazed 
 at it. 
 
 We need not search far for the remedy for this evil. 
 The Doctors and Fathers of the Church have prescribed 
 for its cure. The instructions and admonitions of the 
 venerable Fathers of the Council of Trent are intended to 
 guard against it. The Canon Law of the Church, the 
 Decrees of Pontiffs and Decisions of Sacred Congre- 
 gations, as we shall see further on, condemn it. But we 
 need not search even so far, the remedy is at hand. The 
 venerable Fathers of the II. Plenary Council of Baltimore 
 prescribed the cure for it. They framed a statute which 
 aims directly at this evil of abandoning a priest before he 
 is under another superior. I have already quoted it. It 
 is as follows : 
 
 " Statuunt Patres, nullum harum Provinciarum sacer- 
 dotem, ad aliam dicecesim transire volentem, a proprio 
 episcopo dimittendum, Nisi certo CONSTET eum ab alio 
 episcopo recipiendum. Si qui autem in posterum aliter 
 dimissi fuerint non recipiantur." 
 
 Let even the above wise and salutary Decree be 
 scrupulously observed by each of the venerable prelates 
 of the United States, and the evil of homeless, wandering 
 and mendicant priests will disappear forever. 
 
 Again, the late " Instructio " of July 20, 1878, directed to 
 the archbishops, bishops and Vicars Apostolic of the United 
 States, which requires that every priest charged with any 
 canonical offence, be granted a quasi judicial investigation 
 of his case, and if found guilty, be canonically and definite- 
 ly punished, will remedy the evil, if the provisions of that 
 
86 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Instruction are only carried out. And I here humbly 
 and most earnestly entreat our venerable and beloved 
 prelates, in the name of the clergy of the United States, to 
 observe in toto, in all its details, the modus agendi there laid 
 down for them by Rome. I would inform them in the spirit 
 of sincere friendship, that already there is much dissatis- 
 faction at the little notice this Instruction has received at 
 the hands of the episcopate of the United States. Many 
 have even ventured to affirm that it would soon be entirely 
 ignored. God forbid that any one of our venerable pre- 
 lates, much less any considerable number of them, should 
 openly disobey the Vicar of Christ ! 
 
 But to return to my subject. For the wise and good 
 government of the Church in these United States, we 
 must substitute the laws of the Council of Trent, and of 
 the Council of Baltimore and of the Instructions from 
 Rome, for the sole arbitrary will of one man, no matter 
 how just, learned, holy or wise he may be. This is the 
 salutary salve that will heal all the wounds of the body 
 ecclesiastic in these United States, and particularly the one 
 indicated in these humble pages, that of dismissing 
 uncanonically any clergyman from his diocese, an evil 
 which I will now proceed to discuss more fully, and to 
 show by other authorities how opposed it is to the spirit 
 and teaching of the Church, and how frequently and 
 unequivocally it is condemned by her in one form or 
 another. 
 
CHAPTER VII. 
 
 CHARITY AND JUSTICE FORBID THE UNCANONICAL 
 DISMISSAL OF A CLERGYMAN FROM HIS DIOCESE. 
 
 No one who has read the preceding chapters but will 
 admit, that the dismissing from his diocese of any clergy- 
 man, and casting him forth helplessly on the world, is an 
 evil much to be deplored in itself, and prolific of many 
 sad consequences. 
 
 But perhaps this evil is one of the many that exist in 
 "this valley of tears," and for which there is no remedy. 
 Perhaps it is one of those unavoidable, necessary evils 
 to be ranked amongst those to which the old adage ap- 
 plies, " what can't be cured must be endured." Is such 
 the case? No! This evil can be cured. It results from 
 the non-observance of the laws of the Church, and for 
 its remedy, it needs only that these laws be enforced. 
 
 A bishop or other ecclesiastical superior cannot law- 
 fully dismiss a priest from his diocese, and abandon him 
 to ruin, for even serious and repeated misconduct, as 
 long as he is not contumacious. We have already seen 
 that this is forbidden by Decree N. 122 of the II. Plenary 
 Council of Baltimore, as well as by the spirit and letter 
 of the Council of Trent. It is, moreover, condemned by 
 the laws of Charity and Justice, by Decrees of Roman 
 Pontiffs, the Decisions of Sacred Congregations, by the 
 teachings of Theologians and Canonists, as well as by 
 
88 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the very nature and dignity of the priestly character, all 
 of which will clearly appear as I proceed. 
 
 In this chapter I will show, that both Charity and 
 Justice forbid a bishop to dismiss helplessly from his 
 diocese any clergyman not contumacious. 
 
 I. Charity forbids it. True and well regulated charity 
 for priest and people, may require a bishop, or other 
 in authority, to remove or suspend a priest positis poncn- 
 dis, to punish him even severely for his delinquencies, but 
 always and ever according to canonical rules. But 
 suspending him, or punishing him, is a far different thing 
 from driving him forth from his diocese and abandoning 
 him altogether, thus placing him in imminent peril of 
 his very salvation. This the law of charity, the first of 
 all laws, the greatest of the commandments, absolutely 
 forbids. 
 
 In Tractatu de Charitate Art. 2, N. 278, Konings says, 
 "Necessitas (dicitur) gravis, ut cum quis, nisi adjuveturab 
 alio, difficillime effugere valet periculum animas vel vitae 
 corporis, alteriusve gravis mali." 
 
 N. 279: "Si proximus sit in gravi necessitate, sive 
 spirituali, sive temporali nemo eiper se tenetur succurrere 
 cum gravi incommode" 
 
 " Dixi i* per se; nam teneretur, etiam cum periculo 
 
 vitae QUI AD ID OBLIGARETUR vel RATIONE OFFICII, Ut 
 ANIMARUM PASTORES." 
 
 Suarez says : " Quod pastor scil. episcopus et paro- 
 
 CHUS TENETUR, ETIAM CUM MAGNO SUO DAMNO TEMPOR- 
 ALI, PROCURARE MAGNAM UTILITATEM SPIRITUALEM 
 
CONDEMNED BY JUSTICE AND CHARITY. 89 
 
 subditi." St. Liguori, 1. ii., N. 27, and Kenrick, Trac. 
 xiii., N. 84, teach the same doctrine. 
 
 The application of the above principles to the case of 
 dismissing from his diocese a priest who is not contuma- 
 cious, is apparent. These eminent theologians teach 
 that a bishop is obliged by the law of charity to help his 
 subject, " in gravi necessitate," even at the risk of his life, 
 cum periculo vitae." According to this teaching, he 
 ought to be willing to lay down his life for the humblest 
 member of his diocese placed in grave spiritual or tem- 
 poral necessity. A fortiori, he ought to be willing, and is 
 bound to make every temporal sacrifice, even to the 
 giving of his life, to succor " in gravi necessitate sive 
 spirituali, sive temporali," any of his clergy, who, because 
 of their character and dignity, are the first fruits and 
 most excellent of his flock. 
 
 Now, when a bishop dismisses a priest from his diocese, 
 and abandons him altogether, not only does he, his 
 Pastor, not succor him in grave necessity, but as a rule 
 he actually places him therein. For, of such a priest 
 generally, nothing is more true, than " nisi adjuvetur ab 
 alio, difficillime effugere valet periculum animae vel vitae 
 corporis, alteriusve gravis mali." This I have already 
 abundantly proved in a preceding chapter, when I 
 dwelt on the evil of uncanonically dismissing any priest 
 from his diocese. Moreover, that a clergyman forsaken 
 by his bishop, is ipso facto as a rule, placed in grave 
 spiritual and temporal necessity, is a truth so evident, 
 that none will be found to deny it. 
 
 Therefore, according to the above-mentioned theolo- 
 
90 THE RIGHTS OP THE CLERGY VINDICATED. 
 
 gians, whose teaching on this point is in accordance 
 with that of all others, a bishop is forbidden by the law 
 of charity to dismiss his subject helplessly from his 
 diocese, because such an act is diametrically opposed to 
 charity. For it places him ipso facto in a position 
 which, as a rule, will bring with it grave spiritual and 
 temporal necessities, as well as other momentous evils. 
 From this it follows as a necessary corollary, that any 
 bishop, who, by the act of uncanonically dismissing a 
 clergyman from his diocese, has thus placed him in grave 
 spiritual or temporal necessity, is bound sub gravi to 
 redeem his error, and relieve the same as soon as possible 
 from such an unhappy situation, even at the sacrifice of 
 his life, were that necessary. 
 
 It may have been this thought preying upon the mind 
 of a bishop of whom I was told, who, having in the 
 beginning of his administration, uncanonically dismissed 
 two priests from their diocese, made the most strenuous 
 efforts afterwards to find them, to repair the wrong he 
 had done them and his own soul, and his efforts proving 
 unsuccessful, he sorrowed over it to the hour of his 
 death. 
 
 Charity forbids the dismissing uncanonically from his 
 diocese of any clergyman, not only on account of the many 
 evils it inflicts on him, whom, as a rule, it places in grave 
 spiritual and temporal necessity, but likewise on account 
 of the consequences of such an act. 
 
 I have already spoken of the evils that attend a priest, 
 who is made an orphan without bishop or diocese, or 
 rather whom the bishop or the diocese abandons. Such 
 
CONDEMNED BY JUSTICE AND CHARITY. 91 
 
 a clergyman is far more helpless than the veriest orphan 
 that has lost his natural protectors. Forsaken by his 
 lawful superior and guardian, not only can he with the 
 utmost difficulty avoid dangers to soul and body, but 
 oftentimes, scandal to religion, dishonor to the Church 
 and to the Holy Priesthood, follow almost as closely on 
 his peregrinations as the shadow does the body. These 
 disorders arising from the uncanonical dismissal of 
 priests from their dioceses, and the scandals given by 
 clergymen thus abandoned, result as a rule from their 
 exposed and helpless condition. They follow directly, 
 and as our poor human nature is constituted, almost 
 necessarily from it. Had those clergymen who have 
 given scandal in village, town or city, during their 
 wanderings, been cared for and protected ; had the 
 admonitions and instructions of the Council of Trent, or 
 even Decree 122 in the Acts of the II. Plenary Council of 
 Baltimore been observed in their regard, these disorders 
 and scandals would never, or rarely have occurred. But, 
 driven from their dioceses uncanonically, and abandoned 
 by their bishops, is it any wonder that, discouraged, deso- 
 late and despairing, such as these should have recourse to 
 the lethean bowl, to drown momentarily, at least, the 
 thoughts of their miseries and sorrows! The con- 
 sequences generally are, much scandal and injury to 
 religion. 
 
 It seems to me, that the scandals and disorders that 
 follow in the wake of a priest uncanonically dismissed 
 from his diocese, are more imputable to his bishop thus 
 dismissing him than to the priest himself. 
 
92 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 My assertion holds good, and is irrefragable, if this 
 act of the bishop dismissing his subject uncanonically 
 from his diocese which act, as a rule, is the immediate 
 cause of the scandal and dishonor^he brings on religion 
 has all the conditions required by theologians to make 
 the evil consequences of his act imputable to him. Three 
 conditions are required to make the evil consequences of 
 an act imputable to the agent, viz.: i. He must have 
 foreseen saltern in confaso, the evil consequences of his 
 act. 2. He must not have been necessitated to place the 
 act whence evil flowed. 3. He must have been under 
 an obligation not to put the act or cause of evil. 
 
 Now, to apply these principles laid down by all 
 theologians to the act of a bishop uncanonically dismiss- 
 ing his subject from his diocese, I affirm that in 
 ninety-nine cases out of every hundred, if not the even 
 hundred, which is far more probable, more or less scandal 
 and disorder result from this act, and follow it almost as 
 certainly as effect follows cause. The scandals of clergy- 
 men in most cases result directly from their being cast by 
 their bishops on the open and dangerous sea of the world, 
 unprovided with anchor or sail, oar or compass. They 
 are placed by those who ought to protect them, and 
 whose duty it is to try to rescue them from danger, in a 
 position that requires a miracle of grace, and the ex- 
 traordinary protection of Heaven to save them. 
 
 Not only, therefore, is it condemned by charity and 
 most unjustifiable in an ecclesiastical superior to abandon 
 his subject, and thus place the immediate cause of scan- 
 dals and disorders, but he is even responsible before God 
 
CONDEMNED BY JUSTICE AND CHARITY. 93 
 
 and man fo? suck scandals and disorders. They are im- 
 putable to him, if the act whence they flowed possesses 
 the three conditions, which make the consequences of 
 any act imputable to the agent. 
 
 1. Does the bishop foresee saltern in confuso, the 
 scandals and disorders which follow the abandoning 
 of a clergyman to the charity of the public, without a 
 home or a refuge of any kind ? He cannot but foresee 
 them. The sad consequences of disedification, scandal, 
 and disorder, which generally result from a clergyman's 
 being placed in a position in which it is morally impossible 
 for him to comply with the duties of his state, which is 
 always the case when he is abandoned by his bishop, are so 
 evident and well known, that they need not be detailed. 
 It does not require a very profound knowledge of human 
 nature, or much experience of men and things in general, 
 to foresee the evil results of this act. Ex contingentibus, 
 all bishops and priests know what most probably will be 
 the consequence of a priest being altogether forsaken by 
 his superior. From the bishop's knowledge, then, of 
 what, as a rule, does occur, can he conscientiously say, 
 that he did not foresee the disorders and scandals that 
 followed from his act of uncanonically dismissing his 
 subject, not only in confuso, but with a moral certainty ? 
 
 2. The second condition to make the evil consequences 
 of an act imputable to the agent, is, that he was under no 
 necessity to place the act, whence evil consequences 
 followed. 
 
 Now what necessity under heaven can a bishop, or 
 other constituted in authority, allege for uncanonically 
 
94 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 dismissing a priest from his diocese, and abandoning him 
 to public charity, which is the immediate and almost 
 certain cause of scandal and disorder? If he is under 
 the necessity of punishing him, or of even suspending 
 him, this does not imply that he should expose him to 
 ruin, and drive him to desolation. His bishop could 
 easily have found an asylum for him in some religious 
 house or monastery, thus reconciling duty with con- 
 science, the priest's spiritual and temporal safety, and 
 the good of religion. Such restraint and retirement is, 
 and is looked upon by the Church, as a more or less 
 grievous punishment, according to its duration ; so much 
 of a punishment, in fact, that it cannot be inflicted 
 enclosure in a monastery at least, or place of penance 
 without having been preceded by a canonical investi- 
 gation. Should even religious house or monastery fail 
 the bishop, he could easily shelter him under his own 
 roof, for there is no bishop in the United States so 
 indigent, that he could not give a poor priest a share at 
 his table, and a cot in some corner of his palace. Under 
 no circumstances, therefore, can I see that a bishop can 
 plead necessity for uncanonically dismissing any clergy- 
 man from his diocese, thus placing him in grave spiritual 
 and temporal necessity, and putting the immediate 
 occasion of disorders and scandals. 
 
 3. The third condition required by theologians to 
 make the evil consequences of an act imputable, is that 
 the agent be under an obligation not to put the cause of 
 the act whence evil flows. 
 
 Now the act of dismissing uncanonically from his 
 
CONDEMNED BY JUSTICE AND CHARITY. 95 
 
 diocese any clergyman, is not lawful, because it is - 
 canonical. It is therefore unjust, which brings me to the 
 law of justice which forbids this evil. 
 
 II. Justice condemns the uncanonical dismissal of any 
 clergyman from his diocese. A bishop is under a strict 
 obligation of justice not to put this act whence, as a rule, 
 scandals and disorders flow. A few words will make 
 this clear. 
 
 The Title of ordination gives to all clergymen not 
 contumacious, as I shall clearly prove further on, a strict 
 and just right to an honest subsistence, or " congrua 
 sustentatio." Now, a bishop who abandons his subject 
 to the charity of the public, positively violates ipso facto 
 this right given by the Church and acknowledged by all 
 canonists. He sins, therefore, against justice, by uncan- 
 onically dismissing any priest from his diocese. He is 
 under an obligation to provide and care for him by 
 granting to him " congrua sustentatio," the right to which 
 the Title of his ordination gives him, and this right he 
 clearly violates when he casts him forth on the world, 
 to work, beg or starve. 
 
 There is, moreover, a just law of the II. Plenary Council 
 of Baltimore forbidding a bishop to dismiss a priest from 
 his diocese before he has secured another bishop. The 
 spirit and letter of the Council of Trent forbid it, as we 
 have seen, and many Decisions of the Church, as we 
 shall see. 
 
 1 conclude, therefore, from the above reasoning, founded 
 on the teaching of theologians, that not only is a bishop, 
 or other possessed of authority, forbidden to abandon 
 
96 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 any priest not contumacious, but that, moreover, he is 
 responsible before God and man for all the evils and 
 scandals and disorders that may result from such aban- 
 donment. They are imputable to him. Qui est causa 
 causes, est causa causati, under the circumstances and 
 conditions mentioned above. Terrible thought! calcu- 
 lated to fill the hearts of those in authority with a 
 salutary fear, and to induce them in all their dealings 
 with their clergy, to act according to Law and Order, 
 which alone will relieve them of their dread responsibility 
 and accountability to God for the consequences of 
 their acts. " Canonum statuta custodiantur ab omnibus: 
 et nemo in actionibus, vel judiciis ecclesiasticis, suo sensu, 
 sed eorum auctoritate ducatur." 
 
 The charity a bishop should show towards a delinquent 
 clergyman, is beautifully and strikingly exemplified in 
 the conduct of Jesus Christ, the Great Model and Exem- 
 plar of all bishops, in his treatment of the erring Peter 
 after his fall. Peter had sinned most grievously ! He 
 had sinned frequently not less than three times did he 
 openly and shamelessly deny his Divine Master ! 
 
 Had Jesus Christ, the meek and merciful Saviour, the 
 great and only Bishop of the Church, all others being but 
 His Vicars or representatives had He, Who in condemna- 
 tion of the fault-finding of the Pharisees with His spirit of 
 mercy and forgiveness towards sinners, previously uttered 
 these memorable words of reproof, u Go, then, and learn 
 what this meaneth, I will have mercy and not sacrifice, 
 for I have come to call not the just but sinners to repen- 
 tance" had our beloved Redeemer, I repeat, the 
 
CONDEMNED BY JUSTICE AND CHARITY. 97 
 
 Supreme Head of the Church, turned away from sinful 
 Peter, though only in sorrow and indignation at his base 
 treachery had He treated him harshly, and driven him 
 forth from His presence, Peter, like Judas, might have 
 yielded to despair, and died miserably. His fall, like that 
 of the latter, would have been recorded ; his repentance 
 perhaps never. Peter, when he fell, was even a bishop 
 destined to be Christ's vicegerent on earth. Yet, 
 notwithstanding his repeated infidelity, Jesus had compas- 
 sion and mercy on him. He seeks the opportunity of 
 making him feel the ingratitude and unworthiness of his 
 conduct, and as soon as that opportunity presents itself 
 He profits by it, and with a look that speaks volumes to 
 his heart, He pardons, comforts and strengthens His poor, 
 weak, and erring Apostle. That mild, tender look of 
 compassion, full of sweet reproach and sorrow, penetrates 
 the generous soul of Peter, and in its very depths excites 
 remorse and stirs it to heartfelt contrition. By it his 
 great love for his Divine Master was rekindled. He went 
 forth from his presence a changed man, " Et egressus 
 foras, flevit amare." Peter was saved through the mild- 
 ness and charity of Jesus Christ, and afterwards became 
 the glory, the pillar, and the solid rock upon which He 
 built His Church. 
 
 It is, in fact, when the heart of man is bowed down in 
 sorrow and oppressed with grief; it is when it is wounded 
 and bleeding from the shafts of sin ; it is when one is 
 overwhelmed with shame and confusion and humiliation 
 at the contemplation of his errors and his folly, that the 
 Christian wand of pity, compassion, charity and mercy, 
 
93 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 will excite in his soul fervent gratitude, and move it to 
 generous resolves and sincere efforts at reformation. A 
 kind word spoken then, a mild look even, a just rebuke 
 gently but firmly given, words of fatherly admonition 
 sink gratefully into the bruised and wounded soul, and 
 in general are productive of penance and reform. This 
 we see exemplified in our dear Redeemer's delinquent 
 Apostle Peter, whose grief for having denied his Master, 
 called forth by His look of mercy, was so overwhelming, 
 poignant, intense and lasting, that tradition tells us, his 
 cheeks became furrowed from his constant weeping. 
 
 There was one other of the Apostolic college who fell, 
 but, alas, never to rise ! It was Judas, the traitor, the son 
 of perdition. But even him Jesus treated kindly and 
 mercifully. This we gather from the Gospel itself. By 
 His meek and gentle w r ordsand manner, Jesus-endeavored 
 to reclaim him from the frightful crime of treason he was 
 meditating. The words, " Quod facis fac citius," ad- 
 dressed to him, the import of which the other Apostles 
 did not understand at the time, were for Judas, a grace 
 like the look He gave Peter. Again, the meek words so 
 gently and so sorrowfully spoken, "Juda, osculo filium 
 hominis tradis ? " was a last condescension of mercy and 
 love, to withdraw him from the frightful depths of the 
 abyss of sin into which he had fallen. Even then gladly 
 would the omnipotent hand of the world's Redeemer 
 have reached down and drawn him forth. Even then He 
 would have saved him. But all was of no avail. The 
 terrible, blinding sin of avarice had taken complete 
 possession of the soul of Judas. It hid from him the 
 
CONDEMNED BY JUSTICE AND CHARITY. 99 
 
 enormity of his crime, blinded him to his spiritual and 
 eternal interests, and made him deaf to the warning he 
 received from the lips of even his God and Saviour. 
 This terrible example of the perdition of an Apostle 
 shows us the danger of allowing any passion to get control 
 of our hearts. Judas was lost through the vice of avarice, 
 which led him to betray and sell the Son of Man for 
 thirty pieces of silver. But it was not his divine Master 
 that drove him to ruin. It was his own perverse and 
 wicked heart. To every bishop and to all other ecclesi- 
 astical superiors, I can say, without the fear of giving 
 offence: " Inspice et fac secundum exemplar." They 
 cannot err in copying this Divine Model. 
 
 There was a venerable, saintly Archbishop in the West, 
 John Martin Henni, who died but recently, whose min- 
 istry of many years was crowned with "honor and glory " 
 and abundant success, who was loved by priests and 
 people as perhaps no other bishop in the United States 
 was ever loved, and most deservedly, for he was ever a 
 Father to his flock. This holy, learned and venerable 
 man was once reproached, I am told, with being " too 
 merciful to priests." His reply was worthy of his illus- 
 trious namesake, St. John the Evangelist, or of a St. 
 Charles Borromeo, or of a St. Francis of Sales, or of a St. 
 Thomas of Villanova, for these holy Bishops were ex- 
 tremely merciful to their clergy. " It may be," it is said 
 that he modestly replied, " that I am too merciful to 
 priests, but when I appear in the presence of Jesus Christ, 
 and He has only this to reproach me with, I will answer 
 him, 'Dear Master, I tried only to imitate at a distance 
 
100 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 the example You gave me. You ever pardoned and re- 
 ceived to Your friendship the penitent Prodigal. Could 
 I have acted otherwise than do what You Yourself taught 
 me to do by word and example ? ' " The fruits of his 
 merciful government are apparent. The clergy he left 
 behind him compare favorably for piety and learning with 
 any diocese in the land, and there is scarcely six miles of 
 the archdiocese he founded where there is not a cross- 
 crowned church, or chapel, convent or school to attest 
 the glory and success of his administration. 
 
 From the principles of Charity and Justice which I 
 have enunciated, confirmed by the example of Jesus Christ 
 Himself, and illustrated in the lives of those Bishops 
 around whose brows the Church has placed the aureola 
 of sanctity, I think I am not mistaken, but can fearlessly 
 assert without danger of contradiction, that in no ease and 
 for no fault how grave soever, is a bishop justified in 
 abandoning an erring priest, if he is penitent, and has the 
 least desire to comply with the duties of his calling, or to 
 live as becomes his sacred character. Charity and Justice 
 both demand of him that he put no obstacle to his return 
 into the way of salvation, and he certainly places an al- 
 most insurmountable obstacle to this, when he dismisses 
 him uncanonically from his diocese. 
 
 God's mercy and charity are not straitened towards sin- 
 ners, neither should be the mercy and charity of.a bishop. 
 So long as a clergyman is not lost to all sense of religion, 
 as long as he shows any disposition or desire to reform, 
 in a word, as long as he is not contumacious, his bishop, 
 both in charity and justice, is obliged by his very office 
 
CONDEMNED BY JUSTICE AND CHARITY. 101 
 
 as bishop to give him all the assistance in his power to 
 enable him to redeem his error, or at least he should give 
 him the opportunity of saving his soul. His office of 
 bishop enjoins on him the obligation ot doing all that in 
 him lies to bring back the wanderer into the path of rec- 
 titude. If he cannot employ him in the ministry, he must 
 in conscience, in charity and in justice give him a decent 
 subsistence in some college, seminary, religious home, 
 monastery or ecclesiastical asylum. He cannot, without 
 sinning grievously, consign him to the streets to beg or 
 starve. 
 
 Priests, after all, are men and not angels. The Sacra- 
 ment of Order does not confirm them in grace, or change 
 their human nature, or give them, instead, one more per- 
 fect. It only strengthens them, and gives them the as- 
 surance that they will receive all the graces they need 
 to fulfil well and faithfully the duties of their sublime 
 calling, if they place no obstacle in the way. Alas ! we 
 know well from our own weakness, from the temptations 
 that assail us, and the prayer and vigilance that is ever re- 
 quired to combat them successfully, and from the teaching 
 of the Church, how frail we are by nature, and how liable 
 we are to err! What enemies has not a priest, above all 
 others, to contend against! If Solomon, endowed by the 
 Almighty with a special gift of wisdom and understand- 
 ing, fell ; if David, a man " according to God's own 
 heart," fell ; if Peter, taught in the very college of the 
 Apostles, and by Jesus Christ Himself, fell; and "another 
 Apostle fell, and never after rose, need we, after all, be 
 surprised, if now and again, a poor, frail, weak vessel of 
 
102 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 clay, is surprised into some fault, or led into it by his own 
 evil inclinations, want of prayer and vigilance, or the as- 
 saults of hell? He ought to be allowed the opportunity 
 of redeeming his error. At least he ought to be given 
 an Asylum, or a Refuge of some kind, and not be made 
 a helpless outcast on the world " in contemptum ec- 
 clesiae." True charity imperatively and peremptorily 
 imposes this obligation on his bishop. Moreover, it is 
 not just that a priest be degraded for every fault, and ,it 
 is degradation to all intents and purposes, aye, degrada- 
 tion of the deepest dye, to dismiss ignominiously from 
 his diocese a delinquent not contumacious, and abandon 
 him to public charity, to want and to destitution, to tem- 
 poral, spiritual and eternal ruin. 
 
 Forgiveness of sin and reconciliation of the sinner, 
 though he should even be a priest, is a fundamental tenet 
 of Christianity. A priest alone, of all men, should not be 
 excluded from the pale of salvation, and from the uni- 
 versal boon of pardon, which is almost done when he is 
 abandoned by his bishop, because of the helpless, pitiable 
 condition of soul and body in which such abandonment 
 places him. On the contrary, a bishop, like his Divine 
 Model, the Good Shepherd, should seek out and try to 
 rescue the lost sheep, and not to drive him forth from his 
 pastures and his companions, to fall an easy prey to 
 wolves. The Pallium that surrounds the neck of an arch- 
 bishop has this latter signification. He wears it only 
 amid the sacred pomp and glitter of his most solemn and 
 highest functions. Even then, the Church would remind 
 him of the duty and privilege of his high office, the Pal- 
 
CONDEMNED BY JUSTICE AND CHAEITY. 103 
 
 Hum representing, as it does, the strayed sheep carried 
 back to the fold on the shoulders of the Good Shepherd. 
 The latter leaves " the ninety-nine in the desert, and seeks 
 the one that is lost, and having found it, lays it upon his 
 shoulders rejoicing, and coming home, calls together his 
 friends and neighbors, saying to them : Rejoice with me, 
 because I have found my sheep that was lost.' " (Luke 
 xv., 4, 5,6.) 
 
 In our present fallen state, there is no true justice with- 
 out mercy. Of this we need no better proof than the 
 teaching and example of the Great High-priest of the 
 New Dispensation, and the profound and adorable mys- 
 tery of Calvary that closed His suffering and penitential 
 life. Mercy and forgiveness were essentially the charac- 
 teristics of the Good Shepherd ; mercy and forgiveness 
 shine forth most conspicuously in the conduct of the 
 Church in all ages towards her children ; and the heart 
 of every priest, from the lowly curate to the Supreme 
 Pontiff, should be full to overflowing with charity for the 
 fallen, and forgiveness for the penitent and the prodigal. 
 
 In view, therefore, of this spirit of charity, mercy and 
 forgiveness, preached and practised by our Beloved 
 Redeemer during His life-time, from His Crib in Beth- 
 lehem to His Cross on Calvary, I cannot be wrong in 
 asserting what I hope to prove further on, beyond the 
 chance of cavil, that under no circumstances is a bishop 
 justified in abandoning any priest not contumacious, or 
 in driving him to despair and ruin by harsh treatment 
 and uncanonical action. If a clergyman's crime is so 
 enormous, and is so adjudged by the ecclesiastical court 
 
104 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 of his diocese, that no penance can sufficiently atone for 
 it, so as to make him useful or acceptable in the ministry, 
 let the bishop place him in some monastery, or religious 
 house, where he can efface it by tears and penance, and 
 secure for himself at least the possession of that heaven, 
 towards which he rendered himself unworthy to guide 
 others. 
 
CHAPTER VIII. 
 
 TO DISMISS UNCANONICALLY A PRIEST FROM HIS 
 DIOCESE, IS TO REDUCE HIM, AS A RULE, TO 
 BEGGARY, OR OBLIGE HIM TO FOLLOW SEC- 
 ULAR PURSUITS TO GAIN A LIVELIHOOD, 
 BOTH OF WHICH ARE POSITIVELY 
 FORBIDDEN BY THE CHURCH. 
 
 The proposition enunciated in the heading of this 
 chapter, contains two distinct points : first, that to dismiss 
 a clergyman from his diocese, is, as a general rule, to 
 reduce him to the condition of a mendicant, or necessitate 
 him to engage in secular employments to gain a livelihood ; 
 and secondly, that for a priest, both of these means of 
 gaining a living are positively forbidden by the Church. 
 
 That a priest dismissed from his diocese is obliged as 
 a rule to beg, or to seek his living by engaging in secular 
 pursuits, is so evident that it needs no proof. The great- 
 est number by far of the secular priests of the United 
 States are poor. They do not, indeed, take the vow of 
 poverty, but their slender incomes oblige them to practise 
 it to a considerable extent. Such, at least, has been my 
 experience. I have never been able to put a dollar in any 
 bank except, perhaps, where " the moth and the rust 
 consumeth not, and where thieves do not dig through 
 and steal." Priests in this country are obliged to live 
 sparingly and frugally in their parishes to make both ends 
 
106 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 meet. The most part of them, I believe, practise from 
 necessity, if not through a higher motive, the injunction 
 of St. Paul : " Habentes alimenta et quibus tegamur 
 his contenti sumus." 
 
 Tn most dioceses, the clergy are salaried, and receive 
 from four or five hundred to eight hundred, or a thousand 
 dollars a year. This amount may be variously increased 
 by stipends and perquisites, to twelve, fifteen hundred, 
 or two thousand dollars a year. But even when such is 
 the case, as in large cities, there are innumerable calls on 
 their charity, and these, with their own necessary wants, 
 consume all that they receive, so that few priests have a 
 penny at the end of the year to put aside as a provision 
 in case of sickness, or other unforeseen .accident. 
 
 If, therefore, a priest in the United States should be so 
 unfortunate as to make a blunder, for which a bishop 
 dismisses him from his diocese, he has no alternative left 
 but to face the world and beg for his subsistence, or 
 engage in some secular pursuit to gain it, both of which 
 are positively forbidden by the Catholic Church. 
 
 In the first place, the Church does not wish her minis- 
 ters in Sacred Orders to beg for the means of subsistence. 
 It is disgraceful. It dishonors the Church and the Priest- 
 hood. It is indeed no disgrace to be poor. Poverty has 
 been sanctified and ennobled by the example of the Incar- 
 nate Wisdom of God, Who willed to be born poor, to live 
 poor, and to die poor. Millions in the ages that have 
 passed since then, of every rank and station in life, from 
 the humble servant girl to the heiress, from the peasant 
 to the monarch, and from the simple clerk to the tiaraed 
 
MENDICANCY AND SECULAR PURSUITS. 107 
 
 Pontiff, have voluntarily embraced poverty, taken her for 
 their cherished spouse, and purchased at the cost of all 
 they possessed on earth, this jewel of inestimable worth, 
 of which the world will never know the value. 
 
 When, therefore, I speak of the disgrace attached to 
 mendicity in a clergyman, I of course do not allude to 
 that which is sanctified and dignified by a religious Pro- 
 fession. The humble Franciscan Friar in his coarse habit 
 and sandaled feet, begging from door to door, is a far 
 different spectacle from that of a secular priest reduced 
 to a state of absolute poverty and want in consequence 
 of being dismissed from his diocese, and who is forced 
 through necessity to beg the means of subsistence. The 
 one is edifying and calculated to excite admiration ; the 
 other is degrading, and of its very nature exposes the 
 Priesthood to contempt, dishonor and infamy. For this 
 reason is it most explicitly and peremptorily forbidden 
 by the Church. 
 
 To prove this, I need only quote the following words 
 of the Sacred Congregation of the Propaganda, " Cum 
 indecorum omnino sit, atque a clericorum qui Sacris 
 Ordinibus constituuntur, dignitate prorsus alienum, ut 
 ipsi .... mendicatis subsidiis . . . . ea quae ad victum nec- 
 essaria sunt, sibi comparare cogantur." Instr. de Tit. 
 Ord. This sentiment of the most eminent Cardinals is 
 only a repetition of that proclaimed by the venerable 
 Council of Trent long before, in Sess. XXI. c. ii., de 
 Re/or. " Cum non deceat eos, qui Divino ministerio ad- 
 script sunt, cum ordinis dedecore mendicare." 
 
 In the second place, a priest is forbidden to engage in 
 
108 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 secular business or pursuits to gain a subsistence. This 
 is also clear from the Council of Trent and the " Instructio" 
 above indicated. " Cum non deceat eos, qui Divino 
 ministerio adscripti sunt, cum ordinisdedecore mendicare, 
 aut sordidum aliquem quest umexercere /" and, " Cum inde- 
 corum omnino sit, atque a clericorum qui Sacris 
 Ordinibus constituuntur, dignitate prorsus alienum, ut 
 ipsi aut mendicatis subsidiis, aut ex sordido questu, ea quae 
 ad victum necessaria sunt, sibi comparare cogantur." 
 
 I will now produce other authorities to prove that the 
 Church forbids her clergy, even under censure, to engage 
 in secular pursuits, viz.: The Constitutions of the Apostles, 
 Canons of Councils, Bulls, Decretals, and Encyclicals of 
 Popes, and that of Abbot Siculus, a canonist, who, 
 because of his great knowledge of Canon Law, received 
 the title " Lucerna Juris." 
 
 The 7th Canon of the Apostles decrees deposition 
 against any bishop, priest or deacon, who takes upon 
 himself secular cares. It is couched in the following 
 words: " Episcopus, aut presbyter, aut diaconus, nequa- 
 quam sasculares curas assumat, sin aliter dejiciatur." 
 
 The same penalty for the same fault is decreed in 
 Canon 17 of the Council of Nice. 
 
 A Council of Carthage held A. D. 397, has the follow- 
 ing : " Episcopi, presbyteri, et diaconi, vel clerici non 
 sint conductores, neque procuratores, neque ullo turpi, 
 vel inhonesto negotio victum quaerant ; quia respicere 
 debent scriptum esse : Nemo militans Deo implicat se 
 negotiis sascularibus." 
 
MENDICANCY AND SECULAR PURSUITS. 109 
 
 The Council of Chalcedon, Canon 3, speaks to the same 
 purpose. 
 
 Likewise, the Council of Tarragone, held A. D. 516, in 
 Canon 2. 
 
 These Canons can be found in the Jus Antiquum of 
 Gratian. 
 
 The Council of Lateran, under Innocent III., A. D. 
 121 5, speaks as follows: "Clerici, officia, vel commercia 
 sascularia non exerceant, maxime inhonesta." 
 
 Against clergymen who engaged in traffic foreign to 
 their calling, the Jus Antiquum contained in Gratian 
 decreed " depositio ab officio." 
 
 The Decretals of Gregory IX. and of Boniface VIII., 
 authorized the use of canonical censures, suspension, 
 interdict, excommunication, anathema, against clergymen 
 pursuing secular employments. 
 
 The Jus Novum, according to the Bulls of Pius IV., St. 
 Pius V. and Benedict XIV., prescribes, moreover, confis- 
 cation of all profits made out of secular employments. 
 
 Alexander III., in a Decretal to the bishop of London, 
 renews the prohibition of the above Pontiffs under an- 
 athema. 
 
 The Bull of Pius IV., 9 Nov., 1560, has reference not 
 only to commercial gains, but, "aut alias contra sacros 
 canonesquomodolibet acquisita." This Bull is confirmed 
 by that of St. Pius V.,30 Aug., 1567, Romani Pontificis 
 providentia circumspect a. 
 
 Urban VIII., 22 Feb., 1633, and Clement IX., 17 June, 
 1669, forbade, sub poena excommunicationis, all cler- 
 gymen, whether missionary or otherwise, regular or 
 
110 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 secular, from engaging in any secular business, trade or 
 traffic. 
 
 Under date of 4 Dec, 1872, EE. PP. Inquisitores 
 Generates, decided that the censures and penalties 
 decreed by the Constitution Ex debito of Urban VIII., 22 
 Feb., 1633, and by that of Clement IX., Solicitudo, 17 June, 
 1669, viz. : " excommunicatio latse sententise," and for 
 Regulars, " privatio officiorum, dignitatum et inhabilitas 
 ad ilia," and for both Regulars and Seculars, " necnon 
 amissio mercium et lucrorum omnium," are as yet in full 
 vigor, and the Sacred Congregation of the Propaganda 
 has notified the missionaries of Asia and America of the 
 same. 
 
 Benedict XIV., in his Constitution Apostolicce servitntis, 
 25 Feb., 1741, extends and applies to clergymen who 
 engage in secular business in the name of another, the 
 penalties fulminated by former canons and constitu- 
 tions, with confiscation of the profits of such business. 
 
 We read in the Panormitan, one of the most accredited 
 canonists : " Puto ego negotiatorem clericum committere 
 peccatum mortale, non ex eo solum, quod constitutiones 
 canonicse super negotionibus stant prseceptivas : sed quia 
 stat prohibitum lege Divina, et quidquid est contra 
 praeceptum legis Divinas, mortale peccatum est." The 
 author of the Panormitan was Nicholas de Tudeschis, 
 known better as the Abbas Siculus or Abbas Junior, and 
 by canonists called Lucerna Juris. 
 
 Let those who might bring the silly objection that an 
 erring priest does not fall under the Decrees and Consti- 
 tutions above quoted, and that he at least can throw, aside 
 
MENDICANCY AND SECULAR PURSUITS. Ill 
 
 his cassock, and engage in secular pursuits, note the 
 above words of this able and learned canonist. The law 
 forbidding ecclesiastics to engage in secular pursuits is 
 both ecclesiastical and Divine, binding all who have not 
 been excepted or legitimately dispensed therefrom. 
 Now as these Constitutions make no exception whatever 
 but include all priests," whether missionary or otherwise, 
 secular or regular" (Urban VIII. and Clement IX.), and 
 "all ecclesiastical persons, secular or regular, of any Order, 
 Congregation, Society or Institute, notwithstanding any 
 and all indults, privileges and exemptions whatever" 
 (Clement XIII.), it is evident that delinquent clergymen 
 are likewise included, and though having erred, this cer- 
 tainly is not a reason why they should be forced to 
 violate these Constitutions, and thus incur additional 
 guilt, and expose themselves to fall under the penalties of 
 excommunication, etc., decreed by the Church against 
 all clergymen who engage in commercial or business 
 pursuits foreign to the clerical state. 
 
 Finally, Clement XI II., by an Encyclical, 17 Sept., 1759, 
 approves, renews and confirms all canonical laws, and all 
 the Constitutions of his predecessors, the Roman Pontiffs, 
 against clergymen who engage in trade, or follow secular 
 avocations, . . . and decrees anew against them, all the 
 
 penalties and censures contained in these Constitutions 
 
 " We declare that these penalties concern all ecclesiastical 
 persons, secular or regular, of any Order, Congregation, 
 Society or Institute, notwithstanding any and all indults, 
 privileges, and exemptions whatever We declare that 
 
112 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the business of Banking is also prohibited by the present, 
 etc." 
 
 The expression used by Clement XIII., in the above 
 quoted Encyclical, is substantially the same as that used 
 by Pius IV., " aut alias contra sacros canones quomodolibet 
 acquisita," i. e. y any trade, employment, craft, traffic, 
 profession, or other secular pursuit ; so that priests are 
 forbidden to be civil judges, lawyers, bankers, soldiers, 
 physicians, business managers, book-keepers, commercial 
 travellers, etc. "Domestic employments" and "servile 
 offices," are expressions that occur in the Encyclical of 
 Clement XIII., though they are not forbidden under the 
 same penalties. Yet he warns bishops to forbid cler- 
 gymen under censure even, if necessary, from engaging 
 in such occupations. 
 
 It may be objected, that the Constitution Apostolicce 
 Sedis of Pius IX., of hallowed memory, revoked all the 
 above censures. I answer: i. Even had it done so, 
 which it did not, they nevertheless show the spirit of the 
 Church from the very days of the Apostles, when it was 
 written, " Nemo militans Deo, implicat se negotiis se- 
 cularibus," and throughout all succeeding time. 2. The 
 above Constitution of Pius IX., of cherished and happy 
 memory, limited censures, lata sententicz, only. Those of 
 ferendce sententia, which comprise the most of those for- 
 bidding clergymen to engage in business, trade, etc., are 
 still in full force. As an evidence of this we have the Title 
 itself of the above-mentioned Constitution. " Constitu- 
 tio qua ecclesiasticas censurae latce setttentice limitantur." 
 It is also clear from the following sentence found therein: 
 
MENDICANCY AND SECULAR PURSUITS. 113 
 
 u Decernimus, ut quibuscunque censuris, sive excom- 
 municationis, sive suspensions, sive interdicti, quae per 
 modum lata senlentice, ipsoque facto incurrendas, hacte- 
 nus impositas, nonnisi illas, quas in hac Constitutione 
 inserimus eoque modo quo inserimus robur exinde ha- 
 beant." 3. The Decision of 4 Dec, 1872, of the EE. PP. 
 Inquisitores Generates, assures us that the censures of the 
 Bull Exdebito of Urban VIII., 1633, and of Clement IX., 
 Solicitudo, 1669, are still in full vigor. 
 
 From the perusal of the above authorities, forbidding 
 clergymen most explicitly and under severe censures from 
 engaging in secular pursuits, we are forced to conclude 
 that no priest is allowed to exchange his state of life for 
 worldly occupations. Those who advance, or advocate 
 that a priest in this country, dismissed from his diocese 
 and abandoned by his bishop, can lay aside his cassock, 
 and seek the means of subsistence in secular avocations, 
 can see from the authorities I have quoted, how une- 
 quivocally such doctrine is condemned. I would scarcely 
 blame a priest so situated, to have recourse temporarily 
 to some secular means of gaining his bread, provided he 
 recited his office; but in the meantime, it would be his 
 sacred and conscientious duty to appeal to Rome, which 
 would not permit so grave a deordination and degrada- 
 tion of the priestly character and dignity. In any other 
 case but dire and absolute necessity, a priest who engages 
 in secular employments, not only violates the spirit and 
 letter of the Church's teaching, innumerable Decrees of 
 Roman Pontiffs, and canons of discipline, but also 
 
114 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 exposes himself at least to incur fearful and terrible 
 censures, even that of excommunication and anathema. 
 
 From the fact which I have established by incontro- 
 vertible authorities, that a priest is forbidden to beg, or 
 engage in secular employments, it follows as a necessary 
 consequence, that it is unlawful for a bishop to dismiss 
 uncanonically any priest from his diocese, because, as a 
 rule, it immediately exposes him to the necessity of 
 becoming a mendicant, or of having recourse to secular 
 employments to gain the means of subsistence. 
 
 Not only does the Second Plenary Council of Balti- 
 more 'forbid a bishop to dismiss any priest from his 
 diocese before he has secured another superior ; not only 
 is it forbidden by the Council of Trent, which admonish- 
 es bishops to be true pastors over their priests, to labor 
 by admonitions and exhortations to deter them from evil, 
 and should they err to punish them, " ut emendentur," 
 and not in a way that of itself is calculated to sink them 
 in deeper misery, and drive them to desperation and 
 ruin ; not only is it forbidden by the law of charity, 
 which in the heart of every bishop should first hold to- 
 wards his clergy, whom, as the Holy and (Ecumenical 
 Council of Trent expresses it, he should love, " tanquam 
 filios et fratres ;" not only is it forbidden by the law ol 
 justice which imposes on a bishop an obligation of 
 protection over every priest of his diocese not contuma- 
 cious, and who is therefore bound in justice to give to 
 every such clergyman the " congrua sustentatio" of 
 which the Title of Ordination gives him the assurance, 
 and to which it gives him the right ; not only is it for- 
 
MENDICANCY AND SECULAR PURSUITS. 115 
 
 bidden by the example of Jesus Christ, the Great Pastor 
 of souls and the Exemplar of bishops, illustrated in His 
 conduct towards His erring Apostle Peter ; not only is 
 it opposed to the spirit of mercy, clemency and forgive- 
 ness, inherent in the Church, and which should be pos- 
 sessed in an eminent degree by her bishops, but it is 
 diametrically opposed to the spirit and teaching of the 
 Catholic Church, as I have abundantly proved in this 
 chapter. 
 
 I will now show, that whilst the Church forbids her 
 clergy to beg, or engage in secular pursuits, she has 
 enacted wise laws to preclude the necessity or the 
 possibility of the one or the other. 
 
 The Catholic Church has legislated that each, and 
 every one of her ministers in Sacred Orders, so long as 
 he submits to her discipline, receive a becoming support 
 during his lifetime. This I will prove in the following 
 chapter. 
 
CHAPTER IX. 
 
 THE CHURCH HAS LEGISLATED THAT ALL HER MINIS- 
 TERS IN SACRED ORDERS RECEIVE A BECOMING 
 SUPPORT DURING THEIR LIFETIME. 
 
 The Church of God never does any thing by halves. 
 She employs adequate means to carry out the ends of 
 her legislation. If, on the one hand, as we have seen in 
 the preceding chapter, she considers it disgraceful, and 
 repugnant to the dignity of the clerical state for any 
 member of it either to beg or have recourse to secular 
 employments to gain a subsistence ; on the other hand, 
 she has legislated effectively to prevent his ever being 
 reduced to want, by which he might be forced to submit 
 to this, for him, humiliating necessity. The Church does 
 not confine herself to the simple prohibition to demean 
 the clerical dignity by mendicancy, or by engaging in 
 secular pursuits. She goes further. To preclude the 
 possibility of any clergyman being obliged, through dire 
 necessity, to act contrary to the spirit and letter of her 
 teaching in this matter, she has enacted wise laws, which, 
 if observed, would secure to every clergyman during his 
 lifetime a support becoming the dignity of his order. 
 My object in this chapter is to prove this, and to show 
 at the same time how the Church accomplishes it. 
 
 In fact, the providing of an honest subsistence for her 
 clergy during their lifetime is but a logical consequence 
 
SACRED MINISTERS MUST HAVE A LIVING. 117 
 
 of her teaching - , as laid down in the previous chapter, 
 from the Council of Trent, the " Instructio " de tit. ord.- 
 of the Sacred Congregation of the Propaganda, as well 
 as from Bulls, Decretals and Encyclicals of Roman 
 Pontiffs. The Church, as I remarked, does nothing by 
 halves. Her legislation is effective. She makes use of 
 the proper means to attain the end thereof. When, 
 therefore, in the Council of Trent, and in the above 
 indicated " Instructio," we read the declaration that it 
 is indecorous and entirely unbecoming in a clergyman to 
 beg for his subsistence, or to seek it by secular pursuits, 
 which latter are so strongly and frequently and persist- 
 ently condemned in clergymen by Popes and Councils, 
 we naturally look or seek to ascertain the manner in 
 which priests or others in Sacred Orders are to obtain a 
 living. Nor are we disappointed in our expectation. 
 The manner in which clergymen are to obtain their 
 subsistence is, in fact, proclaimed immediately after. It 
 is minutely and thoroughly explained. In a word, tlie 
 Title of Ordination gives them a right to a becoming support 
 as long as they live, and are not contumacious. This we 
 find clearly and fully explained, both in the Council of 
 Trent, and in the " Instructio " de tit. ord. sent to the 
 bishops of the United States. This explanation follows 
 in both, immediately after the assertion that it is unbe- 
 coming the clerical dignity either to beg or exercise 
 some secular calling to gain the means of subsistence. 
 
 Let us first take up the Council of Trent. The 
 question of securing the material support necessary to a 
 clergyman, is treated in Sess. XXL, Cap. 2. de Re/or. 
 
118 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 "Cum non deceat eos, qui Divino ministerio adscripit 
 sunt, cum ordinis dedecore mendicare, aut sordidum 
 aliquem questum exercere ; . . . . statuit sancta synodus, 
 ne quis deinceps clericus secularis, quamvis alias sit 
 idoneus moribus, scientia, et astate, ad Sacros Ordines 
 promoveatur, nisi prius legitime constet, eum beneficium 
 ecclesiasticum, quod sibi ad victum honeste sufficiat, 
 pacifice possidere. Id vero beneficium resignare non 
 possit, nisi facta mentione, quod ad illius beneficir titulum 
 sit promotus; neque ea resignatio admittatur, nisi con- 
 
 STITO, QUOD ALIUNDE VIVERE COMMODE POSSIT; et 
 
 aliter facta resignatio NULLA sit. Patrimonium vero, 
 vel pensionem obtinentes, ordinari posthac non possint, 
 nisi i Hi, quos episcopus indicaverit assumendos pro 
 necessitate, vel commoditate ecclesiarum suarum ; eo 
 quoque prius perspecto, patrimonium illud, vel pensionem 
 vere ab eis obtineri, taliaque esse, qu,e eis ad vitam 
 sustentandam satis SINT : atque ilia deinceps sine 
 licentia episcopi alienari, aut extingui, vel remitti nulla- 
 tenus possint, donee beneficium ecclesiasticum suffi- 
 ciens sint adepti ; vel aliunde habeant unde vivere 
 possint: antiquorum canonum pcenas super his inno- 
 vando." 
 
 From the above Decree of the Council of Trent, we 
 perceive at once the means the Church has selected to 
 secure for he.r Sacred Ministers the means of subsistence 
 for life. The sole and exclusive object of this legislation 
 is to secure a certain and assured means of support for 
 the clergy, so that they may never be exposed to the 
 danger of bringing infamy on their sacred character and 
 
SACRED MINISTERS MUST HAVE A LIVING. 119 
 
 calling, by being necessitated to become mendicants, or 
 to resort to secular employments to make a living, lest, 
 as St. Pius V. expresses it, " Per saeculum vagantes, vel 
 mendicare, vel sordidum questum exercere, non sine 
 ipsorum cjedecore, ac ordinis vilipendio, et quampluri- 
 morum christifidelium scandalo cogantur. " Bulla 
 Romanus Pontifex. 
 
 In the above decree of the holy and (Ecumenical 
 Council of Trent, we cannot but see that its whole tenor 
 and aim is to secure for those raised to Sacred Orders a 
 becoming and suitable subsistence during their lifetime. 
 Without the assurance of such support, it positively 
 forbids any secular cleric to be ordained, how learned 
 soever, or holy, or otherwise well disposed he may be, 
 44 Statuit sancta synodus, ne quis deinceps clericus secu- 
 
 laris, QUAMVIS ALIAS SIT IDONEUS MORIBUS, SCIENTIA ET 
 
 ./ETate, ad Sacros Ordines promoveatur, nisi prius legi- 
 time constet, eum, beneficium ecclesiasticum, quod sibi 
 ad victum honeste sufficiat, pacificepossidere. Hence 
 the Title of Ordination. If not possessed of such Title, 
 giving him the assurance of, and the right to an honest 
 subsistence during his life, he cannot lawfully be ordained 
 by any bishop, how great soever the desire of the latter 
 to ordain him, or how urgent soever his need of priests, 
 or how distinguished soever for piety and learning the 
 candidate himself may be. All this shows how supremely 
 important in the eyes of the Church is the Title of Ordi- 
 nation. 
 
 If any thing is clearly and evidently and incontrover- 
 tibly proved from this decree of the Council of Trent, it 
 
120 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 is that every priest, deacon and subdeacon, is by the Title 
 of his Ordination guaranteed a lifelong and becoming 
 support. As long as he remains an obedient child of the 
 Church, even though he should err, as 1 shall prove 
 hereafter, no bishop on earth can lawfully dismiss him 
 from his diocese and abandon him to poverty and want. 
 His subsistence for life is secured, even before the august 
 character of the Priesthood is imprinted on his soul. He 
 must be ordained to a Title, which, as the word signifies, 
 entitles him to a becoming and perpetual support, or 
 gives him a right thereto, or, as the Sacred Congregation 
 of the Propaganda expresses it: "De congrua perpet- 
 UAQUE SUBSTENTATIONE provideatur." Instr. de tit. ord. 
 
 This right to an honest subsistence during his lifetime, 
 which the Title of his Ordination gives a priest, is even 
 stronger and more binding and lasting, than the right 
 which one acquires to property by any title-deed on 
 earth. For the possessor of the latter can, of his own 
 free will, sell, or give away, or otherwise dispose of his 
 property, whilst a clergyman is never allowed to resign 
 his right to a becoming support, "Id vero beneficium 
 
 resignare non possit neque ea resignatio admittatur, 
 
 nisi constito, quod aliunde vivere commode possit, te 
 aliter facta resignatio nulla sit," and again, " Alienari, 
 aut extingui, vel remitti nullatenus possint (scil. patri- 
 monia, vel pensiones) donee beneficium ecclesiasticum 
 sufneiens sint adepti; vel aliunde habeant unde vivere 
 possint." 
 
 How solicitous the Church is, that the above decree 
 of Trent should be observed, is evident from the fact 
 
BACKED MINISTERS MUST HAVE A LIVING. 121 
 
 that she forbids any bishop to ordain a clergyman with- 
 out a Title, or what amounts identically and precisely to 
 the same thing, without an assured means of support 
 during his lifetime. Formerly, a bishop who ordained 
 without a Title, incurred suspension from conferring 
 orders, and from the exercise of his other episcopal 
 functions, as can be seen from the Bull of Sixtus V., 
 Sanctum et salutare. In the present discipline of the 
 Church, a bishop would not only incur censure, but the 
 obligation also of supporting at his own expense a priest 
 whom he would ordain without a Title, until he secured 
 a Title for him, or the means of subsistence. Coun. Lat. 
 Inn. III. c. cum sec. de Prceb. 
 
 In the Constitution Apostolicce Sedis 12 Oct., 1869, of 
 Pius IX., of blessed memory, the second of the suspen- 
 sions "latae sententiae Summo Pontifici reservatas," is 
 the following, " Suspensionem per triennium a collatione 
 ordinum, ipso jure incurrunt aliquem ordinantes absque 
 titulo beneficii, vel patrimonii, cum pacto ut ordinatus 
 non petat ab ipsis alimenta." Again, in the same Consti- 
 tution we find the following: "Suspensionem per 
 annum a collatione ordinum ipso jure incurrit, qui, 
 excepto casu legitimi privilegii, ordinem sacrum contu- 
 lerit, absque titulo beneficii vel patrimonii, clerico in 
 aliqua congregatione viventi, in qua solemnis professio 
 non emittitur, vel etiam religioso nondum professo." 
 In this same Constitution all the censures decreed by the 
 Council of Trent against those ordaining without a Title, 
 are renewed. 
 
 That the Title of Ordination has solely and exclusively 
 
122 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 for its object, the material well-being of the clergy, or is 
 intended only to secure them a becoming support for 
 life, and thus preclude the possibility of their ever being 
 obliged to beg, or engage in secular employments, is also 
 clearly seen from the Bull of St. Pius V., Romanus Ponti- 
 fex, issued in 1568, a few years after the Council of Trent 
 was brought to a close. 
 
 The Decree of the Council of Trent had reference to 
 secular clerics only. St. Pius V. extended it to religious 
 not yet professed. The Jesuits are made an exception, 
 though even for them a special provision was made, lest 
 leaving the order, or being expelled therefrom before 
 their solemn profession, the)' might be obliged to beg, 
 or engage in secular pursuits. The Jesuits are looked 
 upon as professed, though having taken simple vows 
 only, as can be seen from the Bull Ascendente of Gregory 
 XIII., and that of Gregory XIV. Ecclesice. There was no 
 difficulty about priests of religious orders who were 
 professed, for their profession assured them an honest 
 subsistence for life. But this was not the case with those 
 who had not made such profession. They might leave 
 the order, or be expelled therefrom. The holy Pontiff 
 St. Pius V., in the Bull above indicated, requires that all 
 religious not yet professed, who were to receive Sacred 
 Orders, should possess a Title, like secular clerics, securing 
 them the means of subsistence for life, upon which they 
 could fall back, should they leave the Order, or be 
 expelled therefrom. In other words, he decreed by this 
 Bull, that the regulations of the Council of Trent should 
 apply to religious not yet professed, as well as to secular 
 
SACRED MINISTERS MUST HAVE A LIVING. 123 
 
 clerics, lest having been ordained, and afterwards leaving 
 the order, " they might wander about, and be compelled 
 to beg or engage in secular employments, to their own 
 dishonor, the disgrace of their sacred character, and to 
 the scandal of the faithful," the very reasons, I may add, 
 which should ever deter a bishop from abandoning any 
 of his priests. 
 
 Such were the motives of charity, love for the honor of 
 the Church and of the Priesthood, that moved St. Pius 
 V. to extend to religious not yet professed the Decrees 
 of the Council of Trent requiring a Benefice, Pension, or 
 Patrimony for ordination. It shows that the same reason 
 actuated the Venerable Fathers who framed the Decree 
 of Trent, and proves that the sole and only object of the 
 Title of Ordination, was to preclude the possibility of any 
 one in Sacred Orders ever being obliged to beg or 
 to have recourse to worldly pursuits to obtain a livelihood. 
 This is effected by his Title of Ordination, which gives him 
 the assurance of a lifelong subsistence, and a right to the 
 same, without which the Priesthood might be dishonored 
 
 and the faithful scandalized, "Cum illud incon- 
 
 veniens eveniat, ut si promoti, a claustro exeuntes, et per 
 sasculum vagantes, vel mendicare, vel sordidum questum 
 exercere, non sineipsorumdedecore, et ordinis vilipendio, 
 et quamplurimorum Christifidelium scandalo, cogantur." 
 Ex Bulla Rom. Pontifex Pii V., A. D. 1568. 
 
 It is evident, therefore, from the Council of Trent, that 
 the Church has rendered effective her legislation forbid- 
 ding the clergy to beg, or to follow secular avocations for 
 a living, by securing to each and every one of them a life- 
 
124 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 long subsistence, which is effected by the Title of Ordina- 
 tion. 
 
 Let us now consider this question with regard to the 
 United States, where the Council of Trent has not been 
 formally promulgated ; or rather, where priests are not, 
 as a rule, ordained to the Titles therein mentioned. 
 Secular priests in this country are ordained " Ad Titulum 
 Missionis." Does this Title give the assurance of an honest 
 subsistence, and confer the right thereto, the same as the 
 Titles mentioned by the Council of Trent ? It most cer- 
 tainly does, if it has the same meaning in the mind of the 
 Church, as those of which the Council of Trent speaks. 
 That the Title of the Mission has the same meaning es- 
 sentially as any canonical Title in the Church, I prove by 
 no less an authority than the " Instructio S. C. de P. F. 
 de Tit. Ordinationis," addressed to all the bishops of the 
 United States. 
 
 In this document the Sacred Congregation, in its in- 
 troductory observations, speaks of the Title of the Mission, 
 of which it treats ex officio, in precisely the same strain as 
 the Council of Trent does of other canonical titles. It 
 reads thus: "Cum indecorum omnino sit, atque a cler- 
 icorum qui Sacris Ordinibus constituuntur, dignitate 
 prorsus alienum. ut ipsi, aut mendicatis subsidiis, aut ex 
 sordido qusestu, ea quae ad victum necessaria sunt, sibi 
 comparare cogantur, nemo ignorat, ab antiquissimis inde 
 temporibus cautum fuisse, ut quicumque in ecclesia Dei 
 ad Sacros Ordines essent promovendi, eisdem de congrua 
 perpetuaque substentatione provideretur." 
 
 These words of the eminent Cardinals of the S. Con- 
 
SACRED MINISTERS MUST HAVE A LIVING. 125 
 
 gregation of the Propaganda, confirm in strong and un- 
 mistakable language, all that 1 have already said of the 
 Title of Ordination, based on the Decree of the Council 
 of Trent. For they inform us that from the earliest times 
 precaution was ever taken, that all in the Church of God 
 who were to be promoted to Holy Orders, should be 
 provided with a becoming and life-long support, " DE CON- 
 
 GRUA PERPETUAQUE SUBSTENTATIONE PROVIDERETUR." 
 
 Whoever reads carefully throughout the above in- 
 dicated " Instructio" of the Sacred Congregation of the 
 Propaganda, cannot but see, that the same spirit pervades 
 it which dictated the Decree of Trent concerning the Title 
 of Ordination, and that it views the Title of the Mission 
 in the same light as all ecclesiastical writers who have 
 ever treated the subject, viz.: the clearly expressed 
 solicitude and wish of the Church, that no priest, or cleric 
 in Sacred Orders, should ever be without the assured 
 means of subsistence. 
 
 Thus, N. 6 says: "Qui vero hujusmodi titulo (scil. 
 missionis) ordinati sunt, ii ex Apostolico ministerio in 
 missione, cui fuerunt addicti, ad victum necessarium con- 
 sequuntar." 
 
 This clause implies all that the Council of Trent or 
 the Church ever required from the Title of Ordination, 
 whose primary and essential end is to secure the 
 necessaries of life, " ea quse ad victum necessaria sunt." 
 He who has been ordained to the Title of a Benefice, if 
 incapacitated from duty, or if he has been suspended ; 
 nay, more, if he has been even deposed, but is not con- 
 tumacious, must receive " congrua sustentatio " from the 
 
126 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 revenues of the benefice indicated by his Title : a pari, 
 and this is implied in the above N. 6 of the " Instructio " 
 de Tit. Ord., as well as all through the same. Priests in the 
 United States, ordained to the Title of the Mission, 
 though relieved of duty for any cause whatever but that 
 of contumacy, must receive a becoming support from 
 the diocese or mission " cui fuerunt addicti." 
 
 It will scarcely be objected, that any diocese is too 
 poor to give the necessaries of life to one or another cler- 
 gyman, who may be thrown on its charity. No! Not 
 on its charity there is question here of simple justice. 
 Such objection would scarcely be heeded, I think, by any 
 Christian, much less by any bishop or priest. 
 
 " Tenentur (sacerdotes ad Tit. Mis. ordinati,) prius 
 juramentum emittere, quo spondeant missioni cui 
 destinati sunt, vel destinabuntur, se fore perpetuam 
 operam daturos, quod quidem ab iis qui hoc titulo frui 
 volunt, S. Sedes ut missionum quarum sumptium Mi 
 aluntur, servitio consuleret, exigere constanter con- 
 suevit." Instr. de Tit. Ord., N. 8. 
 
 Every priest, therefore, ordained to the Title of the 
 Mission, is bound to take an oath to serve his diocese 
 perpetually, from which oath none but the Holy See can 
 absolve him: The reason of this oath is founded in 
 justice, for it is just that a priest should obligate himself 
 to serve the diocese or mission from which he receives 
 his support, " quarum sumptibus alitur." 
 
 It may be here objected, that when a priest is not 
 actually serving the mission, or his diocese, he has no 
 right to a support therefrom, as when he is broken down 
 
SACRED MINISTERS MUST HAVE A LI VINO. 127 
 
 in health, or suspended by his bishop, but N. 9 of the 
 " Instructio" on the Title, says: " Necesse non est, ut qui 
 ad SS. Ordines hoc titulo (scil. missionis) evehendus est, 
 actualiter in missione versetur, sed sufficit, ut paratus 
 sit ad missiones obeundas, quando et quomodo super- 
 iores eum mittendum censuerint ac ire jubeant." This, it 
 is true, is principally intended for him who is to receive 
 Sacred Orders, as is evident from the expression 
 " evehendus est," but it is equally true of those who have 
 received orders, or even of clergymen who have been 
 suspended, as long as they are willing to obey the com- 
 mands of their superiors, or are not contumacious, as I shall 
 abundantly prove hereafter by many Decisions of Rome. 
 
 No. 11 evidently places the Title of the Mission on an 
 equality with other Titles in the Church. In fact, there is 
 not any difference between it and any other Title, in its 
 essential end of securing " congrua sustentatio." It 
 says: " Quemadmodum alii tituli, ita etiam hie (scil. 
 missionis) de quo agitur, juxta canonicas sanctiones 
 amitti potest, atque ab ordinariis auferri, de consensu 
 tamen S. Congregationis, cujus est, sic ordinatos 
 praestiti juramenti vinculo exsolvere. Quod si amisso 
 titulo generatim, aut etiam titulo missionis, alter ei non 
 substituatur, sacerdos haud propterea remanet suspensus, 
 sedordinariitenenturcompellere ordinatos ad alterius tit- 
 uli subrogationem, prout sacris canonibus consultum est. 
 Id Sacra hasc Congregatio in generalibus comitiis diei 
 1 Sep., 1856 declaravit." 
 
 The above is not a new law in force since 1871, but a 
 declaration of what had been enacted as far back as 1856, 
 
128 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 and has reference to all ordained to the Title of the 
 Mission. From it we also gather, that no secular priest 
 in the United States can lose his Title, or in other words 
 his right to " congrua sustentatio," unless with the con- 
 sent of Rome, " de consensu tamen S. Congregationis." 
 Should he even lose his Title, his bishop is bound 
 (tenetur) to oblige (compellere) him, to seek another Title. 
 And here I cannot help remarking, that if a bishop is bound 
 in obedience to this " Instructio" from Rome, to compel 
 a priest having lost his Title to seek another, with how 
 much more reason is he obliged to put no obstacle 
 in the way of his securing a Title? When he dismisses 
 him helplessly from his diocese, he not only robs him as 
 far as he can of his Title, but puts an almost insurmount- 
 able obstacle to the obtaining of another. 
 
 N. 12 of same "Instructio" says: " Pariter sacerdotes 
 regulares, qui vota solemnia nuncuparunt, atque ex 
 Apostolica indulgentia in sseculo vivere permittuntur, 
 vel qui ediderunt vota simplicia et e suis Congregationi- 
 bus, seu Institutis egressi sunt, ne cum proprii gradus 
 dedecore, emendicare cogantur, ad sibi de canonico 
 titulo providendum obligentur; in locis vero missionum 
 ipsi probare saltern tenentur, sibi suppetere media quibus 
 propriae substentationi, ut par est, consulant." 
 
 I have just come across another authority, relating to 
 the point I am discussing, viz. : that the Title of Ordina- 
 tion is only intended in the mind of the Church to 
 secure to the clergy the means of subsistence. In a 
 " Folium circa patrimonia ordinationis, " of July 8, 1876, 
 published in the Analecta Juris Pontificii, 15 series, 
 
SACRED MINISTERS MUST HAVE A LIVING. 129 
 
 Rome, A. D. 1876, I find in Col. 961 the following 
 passage : " Jam vero mens et causa finalis, ob quam 
 Concilium Tridentinum decrevit, ne dentur ordines sacri 
 non habentibus beneficium, vel pensionem aut patrimoni- 
 um, ea fuit, ne clerici mendicent in plateis, et civili operi 
 mancipati, publicam a quolibet deposcant alimoniam. 
 Quare, quoties provideatur mendicitati hujusmodi, satis- 
 factum est menti et causae finali legis, et consequenter 
 dispositions" 
 
 Now the Title of the Mission is, in this country, the 
 means intended to fulfil the end of the " Instructio" of 
 the Propaganda, and of the Council of Trent in their 
 legislation concerning the Title of Ordination, and it 
 must, therefore, effectually take away " causam mendici- 
 tatis," which it does by giving the right to " congrua 
 perpetuaque substentatio." 
 
 Again, in Col. 948, I find the following: " The patri- 
 mony required for ordination is an alimentary pension. 
 The Church insists upon it, to the end that her ministers 
 may not be deprived of the necessaries of life. For this 
 reason, the Council of Trent requires the patrimony to 
 be sufficient to live upon, * quse ad vitam sustentandam 
 satis sint.' The alimentary pension is a thing privileged 
 in all legislation, and is exempted from seizure ; for 
 .the stomach's demands are imperative and brook no 
 delay." 
 
 From Col. 963 I take the following extract : " In 
 1850, at the request of the Rt. Rev. Bishop of Bruges, 
 the S. Congregatio Concilii approved the quasi patri- 
 monial Title, which gives the right to a pension out of 
 
130 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 the diocesan fund, to clergymen who cease to be occu- 
 pied in the ministry. This fund is kept up by free offerings. 
 It was suggested that every one to be ordained should 
 be obliged to deposit a certain amount in the said fund, 
 but the Sacred Congregation did not sanction such 
 forced contributions." 
 
 Though the nature of " congrua sustentatio" attached 
 to the Title can be readily understood from what has 
 been said, yet, that I may not be misunderstood, and to 
 forestall any objection that may arise for want of a clear 
 perception of the question under discussion, I will here 
 explain the true meaning of an " honest subsistence," or 
 " congrua sustentatio," of which his Title gives a priest 
 the assurance, and to which it gives him the right. 
 
 By an Honest Subsistence, " congrua sustentatio," or 
 " sustentatio honesta," is meant that material support 
 which includes, at least, all the necessaries of life. A 
 priest not on duty, whom the bishop or the diocese 
 would support in a monastery, or other religious house, 
 would receive " congrua sustentatio," though such 
 penalty could not legally be inflicted upon him without 
 a canonical investigation. In other words, " congrua 
 sustentatio " is what theologians call " pensio mixta," 
 which is defined, " ilia pensio quae datur clerico, tantum 
 propter honestam sustentationem," and must not be con- 
 founded with what is termed " pensio ecclesiastica," 
 which is " ilia pensio quae datur clericis propter minis- 
 terium spirituale." Of this latter, a clergyman may be 
 justly and properly deprived, of the former NEVER 
 unless he is contumacious. 
 
SACRED MINISTERS MUST HAVE A LIVING. 131 
 
 Innumerable instances indeed could be adduced 
 where clergymen have been deprived of their benefices, 
 and all the revenues and. fruits thereof, a thousand and 
 more cases of suspension, deposition and degradation of 
 delinquent clergymen, but not one single instance can be 
 authenticated where the Church deprived a priest, how 
 unworthy soever, as long as he was not contumacious, of his 
 " pensio mixta " or " congrua sustentatio," inalienably 
 attached to the Title of his Ordination, or rather to the 
 dignity and sanctity of the sacerdotal order, which is 
 the foundation and efficient cause of all the strict legis- 
 lation of the Church, regarding the Title of Ordination. 
 As the Analecta Juris Pontificii justly remarks : 
 " The Church never abandons the members of the clergy to 
 mendicancy." This canonical axiom the Sacred Congrega- 
 tion of the Propaganda sustains most emphatically when 
 it affirms: "Ut quicumque in ecclesia Dei ad Sacros 
 Ordines essent promovendi, eisdem de congrua perpet- 
 uaque substentatione provideretur." Instr. de Tit. Ord. 
 
 According to the universal practice of the Church, 
 founded on the legislation of the Council of Trent, every 
 one receiving Sacred Orders must be ordained to a Title. 
 This Title gives him the assurance of an honest sub- 
 sistence during his lifetime, and a right to the same. 
 This legislation regarding the Title is suggested, and 
 based upon, and imperatively demanded by the honor 
 and reverence due to the sacerdotal character and dignity. 
 It is the Priesthood which requires an honest subsistence, 
 so that it may not be degraded by mendicity or secular 
 employments in the person of any one who bears it on 
 
132 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 his soul. The Title simply shows whence the " congrua 
 sustentatio" must come, either from a Benefice or other 
 canonical arrangement ; or in this country, from the 
 mission or diocese to which a priest is canonically 
 attached. * 
 
 But even when a priest has lost his Title, so that his 
 Benefice or Mission is of no service whatever to him, to 
 enable him to live as becomes a priest, his priestly char- 
 acter remains, this cannot be taken away from him, and 
 as in the mind of the Church, this is the foundation and 
 efficient motive of the Title itself, the inalienable right 
 remains to him as long as he is not contumacious, of re- 
 ceiving an honest subsistence from the Church, through 
 him who is his immediate lawful ecclesiastical superior. 
 The reason why a contumacious priest has no right to even 
 " congrua sustentatio" comes from the very nature of 
 things. He voluntarily puts himself beyond the reach of 
 the Church's clemency, or, as St. Liguori puts it: " Non 
 debet ab ecclesia subveniri ei qui voluntarie ecclesioe 
 disciplinam vilipendit, cum libere possit a sua contumacia 
 recedere." Tom.'j.lib.'j.c.^.deSiisp. St. Liguori, there- 
 fore, intimates that as soon as he submits to ecclesiastical 
 discipline, "debet ab ecclesia subvenire." 
 
 Though the Title of the Mission and the other canonical 
 Titles in the Church are widely different in many respects, 
 yet they are primarily and essentially the same as to their 
 end, viz. : " congrua perpetuaque substentatio." Now, as 
 every canonical Title confers ever and always, even on the 
 unworthy if not contumacious, an honest subsistence, a 
 pari does the Title of the Mission confer the same; nay, 
 
SACRED MINISTERS MUST HAVE A LIVING. 133 
 
 in one sense, it confers it a fortiori ; for, if the right to an 
 honest subsistence is possessed by priests though un- 
 worthy, but not contumacious, having Benefices, whose 
 labors comparatively are light and easy, how much strong- 
 er does not the consideration of the sacrifices and hard- 
 ships of a priest ordained to the Title of the Mission, and 
 more exposed to danger, make this right, which moreover 
 is essentially attached to his Title, as long as he is not con- 
 tumacious? Who will be bold enough to assert that the 
 former must be provided for, and the latter thrown help- 
 lessly on the world to beg, or starve ; or that our holy 
 and tender hearted mother, the Catholic Church, would 
 approve such unjust discrimination, or crying injustice ? 
 
 It is evident, therefore, from the whole tenor of the 
 " Instructio" de Tit. Ord., addressed to the bishops of the 
 United States, that the Title of the Mission, to which 
 secular priests in this country are ordained, in its primary 
 and essential end, has the same meaning as that attached 
 to Benefice, Patrimony, or Pension of which the Council of 
 Trent speaks, and which, according to all canonists with- 
 out an exception, signifies the assurance for life of an 
 honest subsistence, and which gives the right thereto. 
 
 It is only sophistry to say, that a priest ordained " ad 
 Titulum Beneficii," has a greater, or stronger right to 
 " concrrua sustentatio " than he who has been ordained 
 " ad Titulum Missionis." The former has a right to a 
 becoming support, even though unworthy, as long as he 
 is not contumacious, only because he possesses a legitimate 
 Title, and is in Holy Orders. What motive under the 
 heavens can deprive a secular priest in the United States 
 
134 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 of "congrua sustentatio," under tlte self same circumstances ? 
 He is in Holy Orders, and he possesses likewise a legit- 
 imate Title, of which the Holy See alone can deprive him. 
 
CHAPTER X. 
 
 REASONS OF THE TITLE OF ORDINATION. 
 
 In the two preceding chapters, I proved that it is re- 
 pugnant to the priestly character and dignity, for a clergy- 
 man to be obliged to beg, or engage in secular pursuits 
 to gain a livelihood, and that the Church, in consequence, 
 has wisely provided against the possibility of such, to him, 
 humiliating contingency, by legislating that every one 
 of her sacred ministers be ordained to a Title, which 
 gives him the assured means of subsistence during his 
 lifetime, and an inalienable right to it, as long as he is sub- 
 missive to her discipline, and does not, by contumacy, 
 place himself beyond the reach of her merciful ministra- 
 tions. All that I have already said, or will yet say of 
 the possession of this right by even an unworthy priest 
 not contumacious, will, I think, be vastly strengthened 
 by exposing more in detail the motives actuating the 
 heart of the Church in this wise and humane legislation. 
 
 The motives impelling the Church to require every 
 one receiving Sacred Orders to be ordained to a Title, 
 which assures him of an honest subsistence during his 
 lifetime, and gives to him an inalienable right to the same, 
 are chiefly three : I. A motive of justice and gratitude on 
 the part of the Church towards her ministers, who 
 renounce every means of gaining a living, to devote 
 themselves irrevocably to her service. 2. A motive of 
 
1 36 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 prudence, to cut off from the clergy all occasions of 
 avarice. 3. Above and before all other motives, is that 
 of reverence and veneration for the sublime dignity and 
 august character of the Priesthood itself. 
 
 I. In requiring every cleric receiving Sacred Orders 
 to be ordained to a Title, which secures to him a be- 
 coming support during his lifetime, the Church is moved 
 by a motive not only of gratitude, but of justice likewise. 
 He who dedicates himself to her service in the holy 
 Priesthood, must necessarily make many and great 
 sacrifices. True, he makes them for a noble, grand, 
 sublime end, the incomparable honor of becoming a 
 priest; of being able to offer the Clean Oblation of the 
 New Dispensation, the Unbloody Sacrifice of the 
 Christian Altar; of preaching to men the Word of God, 
 "that enlighteneth every man that cometh into this 
 world ;" of pouring over them the regenerating waters 
 of life ; of loosing their souls from the bonds of sin, and 
 freeing them from the slavery of Satan; of nourishing 
 and strengthening them with the Bread of Life : in one 
 word, of being "another Jesus Christ," "going about 
 doing good," man's best friend in life, and who surrounds 
 his death-bed with those divine consolations which the 
 Catholic priest alone has power to communicate, conso- 
 lations which, in that dread and trying hour, bring 
 peace and confidence, and sometimes even a glimpse of 
 heaven, and a foretaste of the joys of a happy eternity. 
 Oh ! it is indeed, a high, a noble, a sublime calling, that 
 of the Catholic priest ! Any sacrifice, how great soever, 
 to attain it, must appear paltry and insignificant, to one 
 
REASONS OF THE TITLE OF ORDINATION. 137 
 
 whose mind and heart are imbued with Christian princi- 
 ples, and feelings, and sentiments, and who is capable of 
 appreciating the grand, the sublime and the beautiful. 
 Yet, humanly speaking, viewing the matter in the light 
 of sober reason, and as the great majority of men view 
 it, the young man who is called to the Priesthood must 
 necessarily make many and grave sacrifices. He must, 
 like Abraham of old, hearken to the voice of God, in- 
 spiring him to leave all things else for his sake. In 
 obedience to that voice whispering to his heart, he goes 
 forth from his country, and his kindred, and his father's 
 house, to prepare himself by years of rigid discipline to 
 become a soldier of the Cross. He must have a true 
 vocation to endure the ten or more years ofTestraints and 
 exact discipline of a well regulated ecclesiastical collegiate 
 and seminary life : the early rising and early retiring ; 
 the exercises of piety, penance and mortification ; the 
 continued study and the constant and punctual fidelity 
 to rule. No worldling would undertake it for the same 
 length of time, were he rewarded with the wealth of a 
 state ; and therefore, as he nears the goal of his holy 
 ambition, he sees the faint-hearted or rather those whom 
 God does not call to the Priesthood drop behind him 
 one by one. But he is supported and strengthened and 
 buoyed up by the grace of God and many interior 
 consolations, for to him whom God calls to the Priesthood 
 is given the " hidden manna " that makes duty a pleasure, 
 and prayer and penance and mortification full of 
 consolation. 
 
 Nevertheless, the whole collegiate and seminary course 
 
138 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 of ecclesiastical discipline implies many sacrifices, much 
 self-denial, constant application to prayer and study. In 
 a word, it supposes assiduous and unremitting efforts to 
 train the heart to virtue, and store the mind with knowl- 
 edge to fit the ecclesiastical student to become a success- 
 ful and efficient laborer in our dear Lord's vineyard. 
 And yet, at the close of his seminary course, when called 
 to Sacred Orders, his sacrifices are then only to begin. 
 As he steps forward to be enrolled in the ranks of the 
 Priesthood, he is called upon to make new and heroic 
 ones, to take upon himself arduous, weighty obligations, 
 which will cease only with his last breath. 
 
 The young acolyte, prostrate on the sacred pavement 
 of God's holy temple, before that altar which he is soon 
 to ascend as a "priest of the most high God, according 
 to the order of Melchisedech," is the very picture of 
 heroic sacrifice, and complete self-immolation. He 
 not only renounces the world, its pomps and its vanities 
 as the simple Christian, but he casts behind him forever 
 all worldly ambition and pursuits, riches, honors, pleas- 
 ures, family ties, all, in a word, that makes life enjoyable 
 and attractive to the most part of men, to devote himself 
 irrevocably to the service of God's Church. In the 
 very beginning of his manhood, when the world smiles 
 brightly upon him, and invites him to select a sphere of 
 life that may bring him wealth, or honor, or both, he 
 forsakes everything: the hope of earthly emoluments and 
 dignities : the consolation and comforts that cluster 
 around the family hearth : yea, he sacrifices even the 
 hope of making a living by any cunning of hand or work 
 
REASONS OF THE TITLE OF ORDINATION. 139 
 
 of brain, except the material or intellectual labor attached 
 to the priestly office, that he may be enabled to dedicate 
 his whole being, and for his whole lifetime, to the fur- 
 thering of the interests of the Church, and of the salvation 
 of immortal souls. 
 
 The Catholic Church, like her Divine Founder, God 
 Himself, will not be outdone in generosity. Therefore, 
 in consideration of the sacrifices her sacred ministers 
 necessarily make to serve her, renouncing even the means 
 of acquiring by secular pursuits, that material support 
 necessary for their very existence, which they do by receiving 
 Sacred Orders, the Church is moved by a motive of jus- 
 tice and gratitude, to positively forbid that they who 
 have made such sacrifices for her sake, should ever be 
 obliged to beg, or follow secular employments to make a 
 living, " aut mendicatis subsidiis, aut ex sordido quaestu 
 ea qua? ad victum necessaria sunt, sibi comparare cogan- 
 tur," and furthermore, she has made her prohibition 
 effective, by providing for their honest subsistence 
 during life : " Nemo ignorat ab antiquissimis inde 
 temporibus cautum fuisse, ut quicumque in ecclesia Dei 
 ad Sacros Ordines essent promovendi, eisdem de congrua 
 perpetuaque substentatione provideretur." Instr. de Tit. 
 Ord. 
 
 II. The second motive we may assign for the Church's 
 legislation, that those who have made the above sacri- 
 fices for her sake, and have been ordained her consecrated 
 ministers, should be secured a becoming subsistence for 
 life, is one of consummate prudence, viz.: To preclude 
 the danger of the sin of avarice in the clergy. 
 
110 THE RIGHTS OF THE CLEBGY VINDICATED. 
 
 Avarice is one of the most dangerous and incorrigible 
 of all the passions to which the poor, weak heart of man 
 is exposed. It is most insidious and crafty in its incep- 
 tion and growth, and often gets possession of its victim 
 before he is aware of it: nay, the victim himself is the 
 only one who is seemingly unconscious that he is the 
 slave of the insatiable demon of avarice, and that every 
 faculty of his soul is bound up in the chains of this re- 
 morseless tyrant. Like the ivy, slowly but surely 
 creeping up the walls and buttresses, spires and pinnacles 
 of the stately cathedral, insinuating itself into every nook, 
 and corner, and crevice, and hiding alike from view the 
 rough foundation, the beautifully chiselled cornice, and 
 the medallioned window, so the vice of avarice imper- 
 ceptibly, but slowly and surely sometimes grows up 
 around the most beautiful temple of this lower creation, 
 a masterpiece of divine omnipotence and love, the soul 
 of a priest, taking root in his heart, entwining itself 
 around every fibre thereof, and in the end, choking the 
 love of God and every generous aspiration and holy 
 inspiration. 
 
 To cut off this dangerous enemy from the clergy, the 
 Church has made provision for them. By the Title of 
 their Ordination, she gives them the assurance of a life- 
 long support becoming the dignity of their order, and 
 thus effectually removes the germ of avarice, solicitude 
 for the future. For they know, where the laws of the 
 Church are observed, that as long as they are her obe- 
 dient children, though they should even be stranded on 
 the shoal of human infirmity, they will not be left to the 
 
REASONS OF THE TITLE OF ORDINATION. 141 
 
 mercy of the winds and of the storm, but will most cer- 
 tainly find a refuge and a shelter within her port of pity 
 and mercy. By the Title of Ordination, which gives the 
 assurance of an honest subsistence for life, and the right 
 to it, the chief incentive to avarice the providing for 
 the wants of the future, or of old age is entirely taken 
 away from the clergy, for the sustenance their Title 
 secures them is not only " congrua " but " perpetua." 
 Every motive and incentive, therefore, for hoarding up 
 money or goods, is thus taken away from them, and 
 consequently, every proximate occasion of the vice of 
 avarice. 
 
 The wisdom of the Church's legislation concerning 
 the Title, which, as we have just seen, removes the 
 occasion of avarice, is seen from the fact, that where this 
 legislation is ignored, or not carried out, there the vice 
 of avarice is found to a greater or less degree making 
 inroads among the clergy. It can scarcely be other- 
 wise. For, after all, when a clergyman looks the matter 
 squarely and fairly in the face ; when he knows, from the 
 practice of the country in which he lives, that his Title 
 has no significance whatever, and that should he make a 
 faux pas, in vain will he plead in its name for a mouthful 
 of bread or a roof to shelter his head ; when he knows 
 well from the many sad experiences of others, that 
 should he become disabled or incapacitated for active 
 duty, by any of the many accidents to which life is sub- 
 ject, his only hope of subsistence is in the charity of the 
 public, in the wards of some free hospital, or in the 
 poor-house, no one will, or can blame him, for making 
 
142 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 some provision for the future, at least, he has grave 
 reasons to make sure for himself that " congrua susten- 
 tatio " which the wise laws of the Church, where they 
 are observed, have already secured to him. To that 
 end he begins by laying aside a little. It is not long 
 before the transition is made from saving a little to 
 hoarding and piling up much; and that poor man, whose 
 motive in the beginning was good, or at least in the 
 present unprotected state of the clergy in the United 
 States, hardly censurable, sometimes ends in becoming 
 a miser, to the scandal of the flock and the robbing of the 
 poor of Jesus Christ, and perhaps to his own perdition. 
 
 I may here add for the information of our venerable 
 prelates, that in our day there is a feeling among many 
 clergymen, that, in our present unsettled state of ec- 
 clesiastical discipline, it is only a dictate of ordinary 
 prudence for them to amass sufficient capital whose 
 interest will secure them "congrua sustentatio," or 
 purchase a farm upon which they can live, should they 
 ever come in conflict with their bishops, and be aban- 
 doned by them. No one but will confess, from what I 
 have said, that there is some foundation for holding such 
 a sentiment, neither will any one deny that it is one 
 fraught with danger to themselves and injury to the 
 Church. It is a sentiment that has arisen in consequence 
 of the utter disregard of the right to "congrua susten- 
 tatio " given by the Title of Ordination, and shows that n6 
 law of the Church can be set aside and violated with 
 impunity. Sooner or later fruits of evil and death will 
 follow. My advice in this matter to every clergyman 
 
REASONS OF THE TITLE OF ORDINATION. 143 
 
 would be, to labor faithfully and disinterestedly in our 
 dear Lord's vineyard, garnering a harvest of souls for 
 eternity, with no view to any earthly reward, but moved 
 solely by the love of Jesus Christ, the salvation of souls, 
 and the immortal crown of glory which will be his 
 recompense. His bishop may, but God will not abandon 
 him. Let him have no undue solicitude for the wants of 
 declining and enfeebled age, but leave all in the hands of 
 that merciful and loving Providence, Who " feeds the 
 birds of the air and clothes the lilies of the valley," and 
 Who will not care less for him, His anointed Minister. 
 
 It must, however, be confessed, that the insecurity in 
 which priests in the United States are placed, who, 
 though having a right by their Title of Ordination to 
 ' congrua perpetuaque substentatio," are nevertheless 
 morally certain they will not receive it, when perhaps 
 they may need it most, is calculated to give occasion to 
 this most terrible, and insidious, and irradicated of all the 
 human passions, avarice, or the inordinate love of 
 money, and encourage it in the heartsof the clergy. In 
 their helpless, unprotected and unprovided condition, 
 they cannot but feel and know, from the experience of 
 others, that should sickness or any other unforeseen 
 accident overtake them, their own pockets are their 
 best and sometimes only friend. The neglect, therefore, 
 to carry out to their full extent the laws of the Church 
 connected with the Title of Ordination, or utterly dis- 
 regarding the right it gives to " congrua perpetuaque 
 substentatio," is the hand that has planted, and is 
 
144 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 STILL PLANTING THE GERMS OF AVARICE IN THE HEART 
 OF MANY A PRIEST IN THE UNITED STATES. 
 
 Instead of the wise provisions of the Church securing 
 by his Title to every priest not contumacious, a becoming 
 support from the revenues of the diocese, which, 
 supplying only the necessaries of life even to several 
 priests, would not expose it to bankruptcy, clerical 
 Benevolent Associations have sprung up in some dio- 
 ceses of the United States. But they are exclusive. 
 They are only intended to relieve the necessities of 
 priests in good standing who have lost their health, and 
 of these latter, only those who have regularly contrib- 
 uted to the fund. From what I have seen and heard of 
 these " Associations," there is not a particle of charity in 
 them, and often little justice. They are not, nor can 
 they be, superior to the legislation of the Church, which, 
 for the honor due the priestly character and dignity, gives 
 by right of his Title of Ordination even to the delinquent 
 clergyman, not contumacious, the same right to a main- 
 tenance as to his brother broken down by bodily in- 
 firmities or enfeebled by old age, as I shall conclusively 
 demonstrate further on. 
 
 III. But beyond and above that of gratitude, injustice, 
 generosity, and prudence, the Church is animated by a 
 more exalted and holier motive, when she legislates that 
 every one in Sacred Orders must have a Title, and be 
 thereby secured " congrua perpetuaque substentatio." 
 That motive is the sublime, the august, the ineffable dignity 
 of the Priesthood itself. This is the first and the last, 
 the great, the primary, the final motive, the one to which 
 
REASONS OF THE TITLE OF ORDINATION. 145 
 
 all others must yield in importance, which is paramount 
 to every other, in her legislation in the matter of the 
 Title of Ordination. In fact, it is the only one which she 
 gives herself for determining her action therein : " Cum 
 indecorum omnino sit, atque a clericorum qui in Sacris 
 Ordinibus constituunter dignitate prorsus aliemim" and 
 " Cum ordinis dedecore" as the Council of Trent ex- 
 presses it. 
 
 It would be only presumption on my part to attempt, 
 with my feeble pen, to depict the grandeur, and sub- 
 limity, and beauty, and glory, and power of the sacer- 
 dotal character. No created intelligence can adequately 
 compass the greatness and the magnitude of the power 
 bestowed by the Sacrament of Order upon the humblest, 
 or even the most unworthy Christian, and no words can 
 therefore describe it, so as to make it known and under- 
 stood in all its magnificent proportions. 
 
 " No tongue 
 So vast a theme could equal, speech and thought 
 Both impotent alike." Dante. 
 
 The power of a priest is nothing less than the power 
 of changing the simple elements of bread and wine into 
 the Body and Blood of Jesus Christ, of offering up to 
 the Eternal Father His only Begotten Son in Sacrifice, a 
 Sacrifice as true, and as real, and as perfect, for it is 
 essentially the same Sacrifice, as that once offered on 
 Mt. Calvary. If the Royal Prophet, contemplating the 
 wonderful and admirable goodness of God displayed in 
 the creation, could justly cry out; "Quid est homo 
 quod memor es ejus, aut filius hominis quoniam visitas 
 
146 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 eum? Minuisti eum paulo minus ab angelis, gloria et 
 honore coronasti eum, et constituisti eum supra opera 
 manuum Tuarum," with how much more reason cannot 
 a priest, filled with astonishment and admiration at 
 God's ineffable goodness and condescension towards 
 him, utter with more profound gratitude the same 
 sentiments of thanksgiving, seeing that as a priest he has 
 been exalted above the angels ! 
 
 Great indeed is the power and dignity of the priestly 
 character ! " Grande mysterium," says the Imitation of 
 Christ, "et magna dignitas sacerdotum, quibus datum 
 est quod angelis non est concessum ! Soli namque sacer- 
 dotes rite in Ecclesia ordinati, potestatem habent cele- 
 brandi et Corpus Christi conficiendi." St. Augustine, 
 contemplating the sacerdotal power and dignity, exclaims : 
 " O veneranda sacerdotum dignitas, in quorum manibus 
 Dei Filius, veluti in utero virginis incarnatur ! " Horn. 2 
 inPs. 37 ; and again, " O venerabilis sanctitudo manuum ! 
 O felix exercitium ! Qui creavit me (si fas est dicere), de- 
 dit mihi creare Se : et Qui creavit me, sine me, Ipse cre- 
 avit Se, mediante me !" lb. St. Ephrem de Sacerd. calls 
 the Priesthood a stupendous miracle of Divine power : 
 " Miraculum est stupendum ; magna, immensa, infinita 
 sacerdotii dignitas ! " Cassian, in Catal. Glor., speaks 
 thus : " O sacerdos Dei, si altitudinem cceli contemplaris, 
 altior es: si dominorum sublimitatem, sublimior es : solo 
 Deo et Creatore Tuo inferior es ! " St. Lawrence Jus- 
 tinian, in Serm. de Euch., says of the sublime and august 
 power of the Priesthood : " O maxima potestas ! Ad 
 eorum (sacerdotum) pene libitum, Corpus Christi de 
 
REASOXS OF THE TITLE OF ORDINATION. 147 
 
 panis transubstantiatur materia ; descendit de coelo in 
 carne Verbum, et altaris reperitur in mensa! Hoc illis 
 erogatur ex gratia, quod nusquam datum est Angelis. 
 Hi assistunt Deo : ill! contrectant manibus, tribuunt, et in 
 se suscipiunt ! " 
 
 In such and like magnificent strains and exalted 
 eulogy, do the fathers of the Church, and saints and 
 holy writers, speak of the sacerdotal dignity ! But who 
 understands it better than the Church herself ? Therefore 
 is it that in all ages, she has ever sedulously protected 
 the august character of the Priesthood in all, how remote- 
 ly soever they were connected with it. 
 
 In the Sacred Orders are numbered deaconship and 
 sub-deaconship, and the law of Title consequently reaches 
 those receiving these orders. Even the tonsured clerk is 
 protected by the Church, because he is a clergyman and 
 destined for the priestly office and dignity. With her 
 dread and terrible Anathema does she strike him, who 
 would dare offer malicious violence to such a one. The 
 nearer he approaches the altar; the closer he comes 
 in contact with the tremendous mystery of the Holy Euch- 
 arist ; as he ascends, step by step, towards the priestly 
 office and dignity, the more lovingly and securely does 
 the Church gather about him the mantle of her protection. 
 And when at length, arrived at the goal of his high and 
 holy aspirations, his hands have been anointed with the 
 holy oils of consecration, and he is empowered to mingle 
 his voice with the angelic choirs around the Throne of 
 God, chanting the endless refrain, " Sanctus, Sanctus, 
 Sanctus Dominus Deus Sabaoth," nay more, can give 
 
148 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 more honor and glory to the Triune God by celebrating 
 one mass in which is immolated " the Lamb slain from the 
 foundation of the world," than all the heavenly host can 
 throughout endless ages then it is, that the Church guards 
 and protects him with the most thoughtful solicitude, then 
 is it that she throws around the sacred and august charac- 
 ter with which she has invested him, her maternal and 
 powerful protection. 
 
 It is, therefore, chiefly and primarily the knowledge of 
 the high dignity of the Priesthood, and the reverence due 
 to it, that influences the Church in her legislation, that 
 every one receiving Sacred Orders should possess a Title 
 or the means of subsistence. The Priesthood of Jesus 
 Christ is reflected in every priest, in fact, Jesus Christ is 
 the only priest: all others are but His vicegerents, and 
 act in His name and by His authority. It is to shield His 
 Priesthood in the person of her ministers that she forbids 
 them to beg, or engage in secular pursuits, a prohibition 
 which she makes easy of compliance, by bestowing upon 
 them a Title, or letter of credit, which secures them all 
 that is necessary for their honest subsistence. . 
 
 But back of the Title is the priestly honor and dignity 
 which are its efficient cause and foundation. This is clearly 
 seen from the fact, that even when there is no Title what- 
 ever, the Church insists upon a clergyman receiving a 
 proper and becoming support, as I will prove in the fol- 
 lowing chapter by many decisions of Sacred Congrega- 
 tions, and as is also apparent from the Council of Lateran 
 under Innocent III., cap. cum secun.de Proeb., where it is 
 decreed that a bishop ordaining without a Title, would 
 
REASONS OF THE TITLE OF ORDINATION. 149 
 
 incur the obligation of supporting the clergyman thus 
 ordained at his own expense, thus clearly demonstrating 
 that it is the sacerdotal character and dignity which is 
 the efficient motive of the Title and the reason of " Con- 
 grua perpetuaque substentatio." 
 
 Having proved that it is repugnant to the spirit and 
 letter of the teaching of the Catholic Church, for any one 
 in Sacred Orders to be ever necessitated to beg or to en- 
 gage in secular employments for a living, which latter, 
 moreover, are forbidden to them under the most dread- 
 ful penalties; and having shown, that to remove the pos- 
 sibility of such a humiliation and degradation of the sa- 
 cerdotal character, the Church wisely ordains them to a 
 Title which secures to them the means of subsistence for 
 life ; and having, moreover, exposed the motives actuat- 
 ing the Church in this wise and beneficent and salutary 
 legislation, motives of justice and gratitude towards her 
 ministers for their sacrifices in her behalf, besides the 
 cutting off of all occasions and incentives to avarice, but 
 above all, the motive of the sublime dignity and sacred 
 character of the Priesthood itself, I will now proceed to 
 prove that the Church includes in her legislation for the 
 becoming subsistence of the clergy, erring clergymen not 
 contumacious, as well as those in good standing. 
 
CHAPTER XI. 
 
 EVEN AN UNWORTHY CLERGYMAN, NOT CONTUMACIOUS, 
 HAS A RIGHT TO A BECOMING SUPPORT. 
 
 A clergyman who may have had the misfortune to 
 stray away from the strait path of ecclesiastical discipline, 
 and who possesses a patrimony, or an annuity sufficient 
 for his wants, could not with propriety burthen the 
 diocese with his support. But the greatest number of 
 secular priests in the United States are poor, and should 
 sickness or any other unforeseen accident overtake them, 
 they are, as a rule, entirely helpless to provide for them- 
 selves, i hold under these circumstances that as long as 
 they are not contumacious, they are entitled to a becom- 
 ing subsistence. This the honor and reverence due the 
 priestly character demand. It is a shame and a dis- 
 grace, as the Church expresses it, even for them to beg, 
 or engage in secular pursuits for a living. No bishop 
 would throw his golden chalice, which has become 
 unfitted for use, in a heap of discarded clothing and bro- 
 ken crockery. A fortiori, should he abstain from casting 
 forth a priest unfit for use, into the midst of the unanoint- 
 ed, to mingle with them and be undistinguished from 
 them. He may take from the chalice its sacred character, 
 and make of it a common vessel that will suffer no 
 indignity from being mingled with other rubbish, though 
 its gilding and precious material will probably secure 
 
CONTUMACY ALONE FOEFEITS THE EIGHT TO A. HYING. 151 
 
 for it a better fate ; but he cannot rub out from the hands 
 of the priest the oil of consecration, nor take from him 
 his priestly character, " Juravit Dominus et non pcenitebit 
 eum, tu es sacerdos in aeternum secundum ordinem 
 Melchisedech." Therefore, because of this sublime 
 character, and for the honor of the Priesthood of Jesus 
 Christ indelibly imprinted on his soul, a priest, though 
 unworthy, if not contumacious, must receive a becoming 
 subsistence. This I will now prove by authorities that 
 cannot be gainsaid. 
 
 The priest who, through human frailty, or even malice, 
 may have fallen, is nevertheless a priest. For all time, 
 and so will it be for all eternity, he bears ineffaceably 
 impressed on his soul, the sublime character of the 
 Priesthood of Jesus Christ, the primary and the final 
 motive of the law of the Church, which requires all in 
 Sacred Orders to be provided with a becoming support 
 during their lifetime. This character no sin can efface, 
 no misconduct can obliterate. There is but one offence 
 which can cause the Church to turn away momentarily 
 from an erring clergyman, and even deprive him of 
 "congrua sustentatio," and that is the sin of contumacy. 
 But even then, it is not the Church which abandons him, 
 it is not she who turns her face of mercy from him : it 
 is he who abandons her, turns his back upon her, and 
 openly rebels against her authority. For privation under 
 these circumstances of "congrua sustentatio," he can 
 blame only himself, not the Church. Like the Prodigal, 
 he leaves the shelter of the paternal roof, and goes 
 beyond the reach of the father's care and protection. 
 
152 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 But like the Father of the Prodigal, the Church again 
 receives him with open arms and heartfelt rejoicings, as 
 soon as he returns humble and penitent to her protection, 
 and submits himself to her laws and discipline. 
 
 If the Church had reference to priests of good stand- 
 ing only, when she proclaims the impropriety of clergy- 
 men being obliged to beg, or to follow some secular 
 avocation to gain a livelihood, and meant that they alone 
 had the right to an honest subsistence, and that in 
 consequence, unworthy priests might be dismissed from 
 their dioceses, abandoned by their bishops, thrown help- 
 lessly on public charity, and consigned to penury and 
 infamy, then the efforts of the Church to protect the 
 honor of the priestly character, and to shield it from 
 insult and degradation, would be completely paralyzed, 
 and her voice, forbidding the humiliation of the Priesthood 
 by mendicancy, or by engaging in secular employments, 
 would be only as the echoes of the mountain. For, 
 contempt and infamy, humiliation and degradation, are 
 brought on the Priesthood by any and every priest, who is 
 forced to live in a manner unbecoming his sacred 
 character, which is ever and always the case when he is 
 dismissed from his diocese without the means of an honest 
 subsistence. 
 
 That the Church includes all priests, the frail and 
 erring, as well as those in good standing, in her legisla- 
 tion concerning the Title of Ordination, is clear from her i 
 own words. She does not say, Cum non deceat eos qui 
 digni sunt, etc., or, Cum indecorum omnino sit atque a 
 clericorum dignorum prorsus alienum, etc., but, "Cum 
 
CONTUMACY ALONE FORFEITS THE RIOHT TO A LIVING. 153 
 
 lion deceat cos qui Divino ministerio adscripti sunt," etc., 
 i. c, omnes clericos divino ministerio adscriptos, and, 
 "Cum indecorum omnino sitatque z.clericorum qui Sacris 
 Ordinibus constituuntur prorsus alienum," etc., i. e. t omni- 
 um clericorum in Sacris Ordinibus constitutorum. " Ubi 
 lex non distinguit, nee nos distinguere debemus." 
 
 Before I adduce the many, and grave, and unex- 
 ceptionable authorities which prove that even an un- 
 worthy priest, not contumacious, has a right to an 
 honest subsistence, if he has not the means to live as 
 becomes the priestly character and dignity, I will first 
 meet here on the very threshold of the question, the objec- 
 tion that may be, and probably will be brought against 
 me, viz. : that the Plenary Council of Baltimore asserts 
 the very contrary of what I advance, when it says: 
 " Nullum jus habent (sacerdotes suspensi) ad sustentatio- 
 nem." These words are found in N. yj in the following 
 sentence : " Sacerdotes quibus per Ordinarii sententiam, 
 sacerdotii exercitium interdictum fuerit, nullum jus 
 habent ad sustentationem ab eo petendam, cum ipsi, se, 
 sua culpa, missionibus operam navandi incapaces reddi- 
 derint." 
 
 I scarcely know how to speak of the above extract 
 from the II. Plenary Council of Baltimore. It does not 
 indeed invalidate my proposition, that an unworthy 
 priest not contumacious, and not having the means to 
 live as becomes his character, has a right to an honest 
 subsistence, for this proposition is supported and proved 
 by such an overwhelming number of authorities of the 
 greatest weight, viz. : by the authority of Roman 
 
lZi THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Pontiffs, Decisions of Sacred Congregations, etc., that no 
 mere Provincial or even Plenary Council can over- 
 throw it. 
 
 My reluctance to speak of the above extract, comes 
 from the sentiments of reverence and veneration I 
 entertain for the venerable assembly whence it emanated. 
 I would much rather not be obliged to take exception to 
 any thing coming from such a source. I cannot com- 
 prehend how such a sentiment as that contained in these 
 words, "Nullum jus habent ad sustentationem," so 
 opposed as I will show it to be to the spirit and letter of 
 the highest and most venerable authorities in the Church, 
 could ever have been inserted in the Acta et Decreta of 
 the Council, except by some strange and unaccountable 
 oversight on the part of the venerable Fathers thereof. 
 
 I thought at first of interpreting these words of the 
 Council, " Nullum jus habent ad sustentationem," accord- 
 ing to the forty-ninth Rule Juris in Sexto, " In pcenis 
 benignior est interpretatio facienda," by making them 
 signify, that the Fathers of the Council meant simply to 
 make a formal statute depriving a suspended priest of 
 the " pensio ecclesiastica " only given for services in the 
 ministry, to cut off from malicious priests all occasions 
 of lawsuits, and that these words, therefore, did not ex- 
 clude the " pensio mixta " which has reference only to the 
 bare means of subsistence. 
 
 But such an interpretation I found untenable. For, it 
 would be only folly to frame a statute to deprive a 
 priest of what he is already deprived by the very fact of 
 his suspension. Again, the words are, "Nullum jus 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LTVINa. 155 
 
 habent ad sustentationem." Now " congrua sustentatio," 
 is a u jus" given by the Title of Ordination, attached to 
 the honor of the Priesthood, and of which suspension 
 alone cannot deprive a priest not contumacious. But this 
 right is evidently excluded by the "nullum" of the 
 Council of Baltimore in the text quoted, which is ab- 
 solute and unequivocal. Finally, the words " ab eo 
 petendam," show clearly that the Statute or Decree has 
 not reference to the "pensio ecclesiastica " alone, but 
 includes likewise the "pensio mixta" or the bare means 
 of subsistence, which is denied by the " Nullum jus " of 
 the Council of Baltimore, thus proving that the " benig- 
 nior interpretatio " of which I spoke could not be 
 applied to this strange text. 
 
 Not being able then to make the wording of this 
 sentence, " Nullum jus habent ad sustentationem ab eo 
 petendam," agree with this " benignior interpretatio," 
 and moreover, finding it utterly impossible to reconcile 
 such interpretation with the palpable and well known 
 fact of priests in the United States being so frequently 
 thrown homeless and penniless on the charity of the 
 public, I leave it to some one else to say how these words 
 became incorporated in N. yy of the II. Plenary Council 
 of Baltimore, what they do mean, and to reconcile them 
 with the Decisions of Rome, and other venerable authori- 
 ties that I will adduce in this and the following chapters. 
 
 This premised, I will now prove, and I invite the 
 attention of my readers, especially of the clergy, to the 
 weight and solidity of the authorities I shall bring forward 
 to prove, that even an unworthy clergyman, without the 
 
156 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 means of subsistence, and. not contumacious, i. c, not 
 wilfully disobedient to any lawful summons, or judicial 
 order of the regularly constituted ecclesiastical court of 
 his diocese, has a right to the means of subsistence. 
 
 The only authority I can find for the opinion that an 
 unworthy clergyman has not the right to " congrua sus- 
 tentatio" is that of J. B. Bouvier. In his theology, 
 Trac. de ord., cap v., art. 2., No. 9, ed. 1856, the follow- 
 ing words are found: "Sicut autem episcopus sustentare 
 non tenebatur clericum cum debita diligentia ordinatum, 
 cujus titulus deprehendebatur fictitius, aut casu perierat, 
 ita nunc, alere non tenetur eum qui propria culpa muncre 
 ecclesiastico se constituit indignum, nee eum qui aliunde sibi 
 providere potest," etc. This is identically, though 
 expressed in different words, the same proposition as 
 that enunciated in N. jy, II. Plenary Council of Baltimore, 
 scil. " Sacerdotes quibus per ordinarii sententiam, sacer- 
 dotii exercitium interdictum fuerit, nullum jus habent ad 
 sustentationem ab eo petendam, cum ipsi, se sua culpa mis- 
 sionibus operam navandi incapaces reddiderint." The refu- 
 tation of the one therefore necessarily implies the 
 refutation of the other. 
 
 I am even spared the trouble of collating the authorities 
 which show the falsity of the teaching expressed in the 
 above extract from Bouvier, whose opinion seems to 
 have been followed by the Council of Baltimore, since 
 the latter expresses precisely the same sentiment, as any 
 one can see by comparing the sentence from the Council 
 with that of Bouvier, both of which I have just given. 
 Another has shown clearly, and most satisfactorily, how 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 157 
 
 antagonistic this opinion of Bouvier and of the II. Plen- 
 ary Council of Baltimore is to the teaching and practice 
 of the Church. I refer the reader to the Analecta 
 Juris Pontificii, published at Rome, 9th series, 1867. 
 
 In this work is found a Treatise "On Ecclesiastical 
 Tribunals," in which the author refutes conclusively the 
 opinion expressed by Bouvier, and conveyed in the 
 "nullum jus habent ad sustentationem," of the Council 
 of Baltimore. He proves clearly and beyond the 
 shadow of doubt, that even an unworthy priest, not 
 contumacious, has the right to an honest subsistence if 
 he has not the means to live as becomes a priest. This 
 Treatise from which I quote in support of this proposition, 
 has been sanctioned by the two following Imprimatur: 
 I. "Imprimatur. Fr. Hieronymus Gigli Ord. Praed. S. P. 
 Apostolici Magister." 2." Imprimatur. Petrus Castellacci 
 Villanova, Arch. Pet. Vicesgerens." With these two dis- 
 tinguished Imprimatur no priest or bishop in the United 
 States, I hope, will doubt its orthodoxy. I may remind 
 my readers, moreover, that the work in which the 
 Treatise is found was published in ROME, the centre of 
 Truth and Unity. 
 
 Commenting on the very words of Bouvier quoted 
 above, the author of the "Treatise on Ecclesiastical 
 Tribunals, " Col. 455, N. iii., speaks as follows: 
 
 " A senseless, horrible principle (une maxime insensee 
 et horrible), is expressed by certain authors, especially 
 by Bouvier in his Theology. They say that a clergyman 
 who behaves badly, renders himself unworthy of all 
 
158 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 compassion, and has no right to receive the means of 
 subsistence (pension alimentaire). " 
 
 I may here with propriety remark, that this alimentary 
 pension of which the learned author speaks, is the same 
 as the "pensio mixta," or "congrua sustentatio," corres- 
 ponding to the " alere " in the text of Bouvier, and to 
 "sustentationem" in that of the Council of Baltimore, the 
 denial of which the author denominates "A senseless 
 
 AND HORRIBLE PRINCIPLE." 
 
 The author of the Treatise above indicated then con- 
 tinues: "The holy Canons assimilate the denial of the 
 alimentary pension to the PAIN OF death. A parish 
 priest should not be deprived of his alimentary pension, 
 although he be deposed even for great crimes. Without 
 doubt, he has no right to receive a pension from his 
 parish, but his right to an alimentary pension remains intact. 
 The Church never abandons the members of the 
 clergy to mendicancy." 
 
 I would kindly call the attention of the learned author 
 of Notes on the Second Plenary Council of Baltimore, 
 to the above extract from the Analecta Juris Pontificii. 
 The former, page 236, says: "This right (of congrua 
 sustentatio) may be forfeited by criminal conduct." 
 The Analecta Juris Pontificii affirms and proves by 
 the highest and most venerable authorities, which I will 
 presently reproduce, that, "a parish priest should not be 
 deprived of his alimentary pension, although he be de- 
 posed even for great crimes." Smith says : " No bishop 
 is obliged to support a priest whom he has been com- 
 pelled to suspend on account of bad conduct." The 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 159 
 
 Analecta says : " Without doubt he has no right to 
 receive a pension from his parish, but his right to an 
 alimentary pension remains intact. The Church never 
 abandons the members of the clergy to mendicancy." 
 In another place of the same article it says : " The obli- 
 gation to furnish the means of subsistence is stricter, 
 when there is question of suspension ex informata con- 
 scientia." 
 
 The Analecta Juris Pontificii then gives the au- 
 thorities which prove what it advocates, viz. : that even a 
 delinquent clergyman, not contumacious, and not having 
 the means of living, has a right to a becoming mainten- 
 ance. From it I extract the following : 
 
 " In a case in which there was suspicion of the com- 
 plicity of a parish priest in a homicide, which required 
 his removal from his parish, the Sacred Congregation 
 prescribed that means of support should be assigned to 
 him: ' Episcopus procuret assignamentum pro congrua 
 parochi, et habito, injungatur eidem exilium a loco 
 commissi delicti.'" Die. 20 Dec. 1675. 
 
 " Confirming the sentence of deposition against a parish 
 priest, the Sacred Congregation enjoined on the bishop 
 to furnish him with the means of subsistence, otherwise 
 it would assign him a pension from the parish. Of this 
 the following Rescript sent to a bishop in 1714 is in evi- 
 dence : ' The cause of Bernard C, the parish priest of 
 Gambola, has been treated anew. He begged to be 
 re-instated in his parish, and asked for some other favors. 
 The most Eminent Cardinals have confirmed again the 
 sentence of the episcopal court, as regards the article of 
 
169 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 deposition. But, they are unanimously of the opinion that 
 your lordship is absolutely obliged to furnish the means of 
 subsistence to this priest in want, so that he may be able to 
 live in a manner becoming the priestly character, and that 
 he may not be obliged to beg. If this is not done, the 
 Sacred Congregation itself will assign to him a pension 
 from the parish ; for, if it was just to deprive him of his 
 parish on account of his wrong-doing, it is also just that he 
 have the means of subsistence.'' " Rome, July, 17 14. 
 
 In the above we have an explicit and clear Decision of 
 Rome proving what I assert, that even an unworthy 
 priest, not contumacious, ought to receive the means of 
 subsistence, if he is unable to support himself becomingly. 
 The clergyman of whom there is question in the above 
 Decision had indeed committed no slight fault, since he 
 was deposed from his office of Pastor. The sentence ot 
 deposition pronounced by the episcopal court, from which 
 he had appealed, the Sacred Congregation confirms. 
 But it does not make of him a helpless outcast on the 
 world. It informs his bishop that he is absolutely obliged 
 to furnish the means of subsistence to the deposed clergy- 
 man, that he may be enabled " to live in a manner 
 becoming the priestly character, and that he may not be 
 obliged to beg." Note here that the reason assigned by 
 the Sacred Congregation for obliging his bishop to 
 furnish this priest in want with a becoming support is the 
 sacerdotal dignity, " that he may be enabled to live in a 
 manner becoming the priestly character," another proof 
 of what I have more than once remarked, that it is the 
 honor and reverence due the Priesthood which is the 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 161 
 
 principal and efficient motive, as well as the foundation of 
 the law of Title, or " congrua sustentatio. " 
 
 I continue to quote from the Analecta Juris Ponti- 
 FICII: "The Sacred Congregation, A. D. 1717, sent the 
 following despatch to the Apostolic Nuncio at Mad- 
 rid : 'The pension for the payment of which you have 
 been charged by the Sacred Congregation, is due Don 
 Joseph Cornezo here imprisoned, even though his offence 
 deserved no compassion whatever.' " 
 
 The author whom I have been quoting then proves, 
 from Acts of the Sacred Congregation of Rome, that a 
 priest condemned to the ergastulum, or House of Correc- 
 tion for clergymen, has a right to his subsistence ; that 
 poor ecclesiastics have a right to receive the benefit of 
 the law gratis, and a lawyer for their defence during their 
 trial; that those even who are contumacious are deprived 
 of their maintenance, only as long as they persist in their 
 contumacy, as can be seen from the following Rescript : 
 " The parish priest of N. having spontaneously chosen 
 the city of Rome for his residence, instead of his prison, 
 has a right to receive out of the revenues of his parish, 
 his pension not only for the time to come until tried, but 
 even for the two years past in which he was contumacious." 
 Rome, 29 May, 17^1. 
 
 The same author likewise proves by a Roman De- 
 cision, that a parish priest appealing to the Holy See 
 against suspension ab officio, must receive the means of 
 support. 
 
 The article whence I have taken the above extracts, 
 concludes thus : " The ordinary contracts special obli- 
 
162 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 gations towards clergymen ordained without a Title. 
 For if the parish priest, deserving to be divested of 
 
 HIS TITLE OF ORDINATION, HAS, NEVERTHELESS, A RIGHT 
 
 TO HIS LIVING, with much more reason has the clergy- 
 man whom the bishop ordains without a Title. All 
 canonists agree that a bishop contracts for himself and 
 his successors in office, the obligation of providing for 
 the maintenance of such a clergyman from the revenues 
 of the bishopric. The obligation to furnish the means 
 of subsistence is stricter when there is question of sus- 
 pension ex informata conscientia. The PRINCIPLE SET FORTH 
 BV BOUVIER IS OPPOSED TO THE SPIRIT AND LETTER OF 
 
 the Holy Canons." That principle is precisely and 
 identically the same as that put forth in the extract 
 quoted above from N. 77 of the II. Plenary Council of Balti- 
 more, and is therefore opposed to the spirit and letter of the 
 Holy Canons, and untenable. I need not remind the 
 most of my readers of the great weight the Declarations 
 and Decisions of Sacred Congregations possess as 
 authorities. Though not unalterable, they have the 
 force of law for the cases which they decide, and are a 
 sure guide of action for all parallel cases. Speaking of 
 them Konings, N. 173, says: " Quam vim habeant SS. 
 Congregationum Declarationes et Decreta? Resp. 1. 
 Inspecto fonte, ex quo derivantur, eandzm vim habent ac 
 si a S. Pontifice immediate processissent, dummodo tamen, 
 sint authentica, i. e., subscripta a respective Congre- 
 gations Praefecto et Secretario, ac ejusdem sigilla 
 munita. 2. Vim illam habent, etsi a S. Pontifice non ex- 
 plicite confirmantur. 3. Infallibilia tamen non sunt, nisi 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 163 
 
 a S. Pontifice eoque ex cathedra loquente, confirmentur." 
 The Sacred Congregations of 1675, 1714, 1717, and of 
 other years, which prescribed, decreed and commanded 
 the means of subsistence to be given delinquent clergymen, 
 not contumacious, and unable to support themselves, 
 would not most assuredly have given the opposite of such 
 decisions in 1866, or subsequently. 
 
 It is clear, therefore, from the authorities given above, 
 that an erring priest not contumacious and not having the 
 means of subsistence, cannot be thrown helplessly on 
 public charity, but from his benefice, or the revenues 
 of the diocese or bishopric, must receive a suitable living. 
 Though I will bring other authorities to prove this, yet 
 those which I have just adduced for this purpose are 
 even more than sufficient. They are of the first rank and 
 speak to the point. 
 
 I am aware that some will bring the objection that 
 these Decisions do not hold in the United States, that 
 there is no Canon Law here. Allow me to say to such 
 as these, that although Canon Law does not exist in its 
 entirety in the United States, nor would it be practicable 
 to promulgate the whole of it, yet the spirit of Canon 
 Law should exist everywhere in the Church, regulate the 
 principles of action, and animate the conduct of all 
 bishops and priests in their relations towards each other. 
 If times and circumstances change, the Catholic Church 
 and the principles of justice never change. Her spirit is 
 ever the same, not indeed the spirit of tyranny, nor a 
 spirit of selfishness, and cruelty, and hardheartedness, 
 but the spirit of a loving, tender, compassionate, just and 
 
164 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 merciful mother, whose heart yearns towards even the 
 erring, who would lovingly fold them penitent in her 
 arms, pardon them, and cleanse them, and present them 
 purified and sanctified by her sacraments, to her Divine 
 Spouse, Jesus Christ, as the fruits and victory of his 
 most precious Blood. Not only this, but for the honor 
 of the Priesthood throughout the entire world, that it 
 may not be exposed to insult and contempt, which would 
 be the case if priests were necessitated to beg, or engage 
 in secular avocations to gain a livelihood, the Church 
 has ever and always cared even for their temporal 
 necessities, and has legislated for their becoming support 
 as long as they submit to her discipline, which is replete 
 with mercy, even when justice demands that she make 
 use of the rod of correction and punishment. 
 
 Moreover, in depriving an unworthy priest, not con- 
 tumacious, and not having the means of subsistence, of 
 the support becoming his sacred character, or in other 
 words, in dismissing him uncanonically from his diocese, 
 and making of him a homeless and penniless wanderer 
 on the face of the earth, the canons of Justice and 
 Charity, Religion and Humanity are grievously violated. 
 Who will say that these latter are not as binding in the 
 United States as in the countries of Europe? And it is 
 upon the principles of Charity, Justice, Religion and 
 Humanity that the Decisions of Sacred Congregations just 
 quoted are founded, as much as upon the Canon Law of 
 the Church. These principles are binding everywhere, at 
 all times, and amongst all Christian people. 
 
 But let those who so flippantly fall back on this sense- 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 165 
 
 less argument that there is no Canon Law in the United 
 States, and use it to bridge over every difficulty, and 
 sometimes even to palliate, or justify evident wrong and 
 injustice, cast aside this delusion, for tJiere is Canon Law 
 in the United States. True, there is not much of it, and 
 the little there is is scarcely observed. Nevertheless it 
 exists in the statute books. There is a law which 
 positively forbids any bishop to dismiss a priest from his 
 diocese, until he has secured another bishop. This very 
 law (N. 122 of the II. Plenary Council of Baltimore) 
 
 INCLUDES ALL THAT I HAVE BEEN CONTENDING FOR IN 
 
 this chapter, viz. : that no priest not contumacious, can 
 be helplessly thrown into the streets to beg or starve, but 
 must receive a becoming support from his diocese, a 
 proposition abundantly proved by the venerable authori- 
 ties 1 have cited. 
 
 I cannot understand this argument of the non-existence 
 of Canon Law in the United States, sometimes used to 
 justify uncanonical proceedings. It seems to my humble 
 judgment, that the Decisions of Roman Pontiffs and Sa- 
 cred Congregations, ought in like circumstances to be law 
 for every bishop and priest in the world. When he has 
 a case to decide, identical in all its circumstances and 
 bearings with one that Rome has decided, is it not a 
 sound principle to be guided in his action by this safe 
 authority ? Is he not much more secure in taking the decis- 
 ions of the Church for his guide, than in following his own 
 fallible judgment ? There is not a true Catholic bishop 
 or priest in the world, who would dare violate the ex- 
 pressed wish of our Holy Father, the Supreme Pastor of 
 
1G6 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the Church. Is not his will and ruling expressed in the 
 Declarations and Decisions of the Sacred Congregations 
 of Rome ? Konings says of them : " Eandem vim habent 
 ac si a Romano Pontifice immediate processissent" nay, 
 " etsi a S. Po?itifice non explicit e confirmentur!' If it were 
 only observed, we would be amazed at the amount oi 
 Canon Law we possess in the United States. That there 
 is little or none observed, concedo ; that none exists, nego. 
 
 The reason, as I have more than once remarked, why 
 the Church allows even an unworthy priest, not contuma- 
 cious, an honest and becoming subsistence, is the sacred 
 character and dignity of the Priesthood. The sacerdotal 
 character was as indelibly imprinted on the soul of Judas, 
 as on that of Peter. The former became a reprobate ; 
 the latter, having wept over his fault and been reconciled 
 to his Saviour, was made Head of the Church. " Tu es 
 sacerdos in seternum secundum ordinem Melchisedech," 
 is as true of an unworthy priest as of the greatest saint 
 that ever offered up sacrifice. The unworthy priest 
 would degrade the Priesthood in the eyes of men, and 
 bring it into contempt, if he were obliged to beg for his 
 sustenance, or gain it by " sordid" employments, as well 
 as the priest in good standing. Therefore has the Church 
 made provision that all her clergy in Sacred Orders 
 receive " congrua perpetuaque substentatio." 
 
 There is not, and there ought not to be a distinction 
 made between priests in this country, and in those coun- 
 tries where Canon Law is observed. If either were de- 
 serving of any special favors, the priest in the United 
 States, exposed to greater dangers, and subject to great- 
 
CONTUMACY ALONE FORFEITS THE RIOHT TO A LIVING. 167 
 
 er hardships, could justly lay claim to them. Tell me 
 not that Canon Law protects the priest in Europe and 
 cries out against the wrong of privation of " congrua 
 sustentatio," whilst a priest in this country, who makes 
 greater sacrifices and has less comforts, is liable to be 
 dismissed from his diocese, abandoned by his bishop and 
 reduced to want and misery. The Catholic Church is 
 the same Catholic Church in the United States as it is in 
 Europe. The clergy are as devoted here as there. The 
 Catholic Priesthood is the same the world over. And 
 everywhere is that Priesthood worthy of protection, 
 whether he who bears it on his soul is a saint, or a sinner. 
 As the Analecta Juris Pontificii says: "A priest 
 should not be deprived of his alimentary pension, although he 
 be deposed even for great crimes. Without doubt he has no 
 right to receive a pe?ision from his parish, but his right to an 
 alimentary pension remains intact. The CHURCH NEVER 
 ABANDONS THE MEMBERS OF THE CLERGY TO MENDI- 
 CANCY." 
 
CHAPTER XII. 
 
 EVEN AN UNWORTHY CLERGYMAN, NOT CONTUMACIOUS, 
 
 HAS A RIGHT TO A BECOMING SUPPORT. 
 
 Continued. 
 
 Among the Decrees of the Council of Bordeaux, held 
 A. D. 1624, is the following: " Regulares promoti ad 
 ordines, si quando ab hujusmodi superioribus, pro crimi- 
 nis exigentia puniri conveniat, et si urgeat necessitas, non 
 possunt tamen habitu religionis privari, ita ut, extra 
 monasteria in contemptum Ecclesice dejiciantnr me7idicaturi, 
 sed intra eorundem monasteriorum septa detineri, puniri 
 et sustentari, et ad illud praedicti Superiores per Ordin- 
 arios compellantur." Con. Burd., c. 6, n. 4. 
 
 The Fathers of this Council, as we gather from the 
 above decree, legislated, that the Ordinary of the diocese 
 compel religious Superiors to punish their delinquent 
 subjects within their monasteries, and at the same time 
 support them. This modus agendi those bishops certain- 
 ly followed in the treatment of their own delinquent 
 clergy. It is not probable that they violated, in the 
 treatment of their own subjects, the rules they so rigidly 
 enforced on the Superiors of religious orders, and we 
 can therefore justly infer, that they cared for, and pro- 
 tected their own delinquents. In this legislation, the 
 Fathers of this Council were influenced by the same 
 motive that actuated the Fathers of Trent, in enacting 
 
CONTUMACY ALONE FORFEITS THE EIGHT TO A LIVING. 169 
 
 the law of the Title, viz.: the sanctity and dignity of the 
 Priesthood, and the reverence due to it : " Ne in contemp- 
 tum Ecclesise dejiciantur mendicaturi." 
 
 Sixtus V., to prevent those who left the Jesuits after 
 having received orders, from suffering want, as can be 
 seen in Pyrrhus Corradus, lib. 4 de Dispens. ApostoL, c. 7., n. 
 37> 3> approved the following declaration of the Sacred 
 Congregation of Cardinals: "Quoad Jesuitas, cum post 
 sacerdotium exire non possint, nisi a Superioribus dejici- 
 antur, prcvideatur Mis de reditu quadragiiita aureonun 
 nummorum ex bonis religionist 
 
 In this Declaration of the Sacred Congregation, ap- 
 proved by the Pope, there is question of unworthy 
 clergymen, " a Superioribus dejiciantur." Yet the Sacred 
 Congregation requires that they be provided with a 
 pension for their decent support, " Provideatur illis de 
 reditu quadraginta aureorum nummorum ex bonis 
 religionis." The above declaration of Rome is sufficiently 
 clear and to the point, to prove that it is the spirit and 
 wish of the Church that an unworthy clergyman, not 
 contumacious, should not be abandoned to mendicjty, 
 but be provided for from the revenues of the diocese 
 or bishopric, if a secular, or if a religious, by his order, 
 "ex bonis religionis," 
 
 In the Analecta Juris Pontificii, 12th series, Col. 145, 
 is found a Decree of the Sacred Congregation of Bishops 
 and Regulars, by order of His Holiness Pius VI. , "cum 
 jussu Sanctitatis Suae Pii VI.," which has reference to a 
 Spanish priest who had committed a grievous crime, for 
 which he had ipso facto incurred irregularity. The case 
 
170 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 was referred to Rome. As its solution and settlement by 
 that august authority show the merciful spirit of the 
 Church, as it clearly bears me out in the assertion that 
 no priest, how criminal soever, who is not contumacious, 
 can be thrown helplessly on the world, but must receive 
 a suitable maintenance from the Church, I will here 
 transcribe a goodly portion of the Decree itself. 
 
 The delinquent of whom there is question in this 
 Decree was Michael Philip de Tabalza, "qui longe aliter, 
 quam instituti sui ratio ferebat, nihil antiquius habuit, 
 quam arma tractare, ac satellitum more armatus incedere, 
 unde jurgia, et rixas frequenter aucupabatur, propterea 
 necem per ilium illatam villico Joanni de Tabalza, non 
 casu aliquo fortuito, sed ejusdem culpa et pravitate 
 accedisse neutiquam est dubitandum." His crime was 
 aggravated still more by the injury it inflicted on others, 
 " ltaque cum Beatissimus Pater, ex relatu nostro, audisset 
 perpetrati criminis reum sacerdotem, qui ad curam ani- 
 marum praepositus, exemplum lenitatis esse debebat, 
 non potuit valde non commoveri, eo vel maxime, quod ob 
 earn villico mortem, uxor superstes ac septem tenerag 
 aetatis nati, egerrimam vitam modo ducere coguntur in 
 summa inopia atque egestate." 
 
 Let us now consider the punishment the Holy Father 
 inflicts for this enormous crime, attended with such sad 
 circumstances of injury and misery to the helpless and 
 innocent. " In hoc rerum statu, Sanctitas Sua, secum 
 animo pervolutans, quid fieri oporteret, Michaelem 
 Philippum (sacerdotem) ab exercitio muneris parochialis 
 perpetuo arcendum esse voluit, neque aliter dispensan- 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LTVINO. 171 
 
 dum quam ut pro nunc extra dioecesim sacrum peragere 
 ill i permittatur. Verum, cum procul a sua regione exul 
 et profugus Romam usque perrexerit, stipemque modo 
 emendicare cogatur, Beatissimus Pater, cum rigore jus- 
 titiae temperandam esse pietatem ratus, illius egestati satis 
 consulere existimavit, si ex parochise fructibus sexaginta 
 ducati argentei, eidem in singulos annos rependantur, ita 
 tamen, ut villici uxori superstiti ac septem natis, quoad 
 Michael vixerit, centum quinquaginta reales annuatim 
 persolvi possint." Romae, dec. oct, Kal Jan., 1776. 
 
 If ever there were circumstances justifying the making 
 of an erring clergyman a hopeless outcast on the world, 
 they are those found in the above Decree emanating from 
 His Holiness, Pius VI. And yet the Holy Father does 
 not condemn him to such a fate. As to Adam fallen from 
 grace, God held out the hope of a Redeemer, and through 
 Him, pardon and reconciliation, so the Pope held out to 
 this unfortunate man the hope of peace, and of even hap- 
 piness to a certain extent in the future. He exiles him, 
 it is true, from his diocese, a penalty which he most justly 
 deserved, and debarred him ever after from assuming 
 any parochial charge, but he tempers with mercy this 
 sentence so just. He sweetens the bitterness of his exile, 
 with the assurance that, he will again be permitted to say 
 Mass : " ut pro nunc extra dioecesim sacrum paragere illi 
 permittatur." Not only this, but he decrees that he 
 receive a pension for his material necessities, " sexaginta 
 ducati argentei eidem in singulos annos rependantur." 
 
 The Analecta Juris Pontificii, commenting upon the 
 above decree issued by the Sacred Congregation, with 
 
172 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the explicit approbation of Pius VI. y remarks, that what- 
 ever be the crime an ecclesiastic is guilty of, his alimentary 
 pension (" congrua sustentatio"), IS NEVER denied him by 
 the Church. It is, of course, understood, that he does 
 not rebel against her authority by becoming contuma- 
 cious, but humbly submits himself to her discipline. 
 
 In the Thesaurus Resolutionum, Tom. 69, p. 79, is 
 related another case which bears directly on the point I 
 am discussing. It is that of a parish priest named 
 Boletta. His bishop, ex informata conscientia, suspended 
 him a divinis et ab officio. He appealed to Rome. The 
 Sacred Congregation, whilst confirming the sentence of 
 suspension, decided that he should be supported " ex 
 reditibus parcecise : sin minus prout de jure." 
 
 It may possibly be objected that the above decisions are 
 old. The same objection might be made against the 
 Church herself and her venerable Priesthood. But to 
 satisfy even those who foolishly might not be inclined to 
 give much heed to decisions made one or two hundred 
 years ago, or even in a more remote age, I will adduce 
 one of recent date bearing on the subject, which has come 
 under my observation. The S. C. Concilii gave the 
 decision I will presently quote, on Aug. 12, 1865. This 
 decision has reference to a priest who had been suspended 
 by his bishop. The sentence of suspension, on an appeal 
 made to the Holy See, was confirmed by it. After this, 
 " suspensione violata, in irregularitatem (sacerdos supra- 
 dictus) inciderat." On the question assuming this new 
 phase, it was again submitted to the consideration of the 
 S. C. Concilii. The latter (1) Affirmed and maintained 
 
CONTUMACY ALONE FORFEITS THE EIGHT TO A LIVING. 173 
 
 the suspension and irregularity. (2) To the question, 
 " An et quomodo sit locus depositioni sacerdotis a parcecia 
 in casu, obgravem aversionem parcechinorum et relativam 
 inidoneitatem parochi?" the same Sacred Congregation 
 answered, " Esse locum deputationi administrationis 
 parceciae in spiritualibus et temporalibus, assignata favore 
 sacerdotis, donee de beneficio ecclesiastico providcatur, pejisione 
 libellornm 400." 
 
 The unfortunate priest of whom there is question 
 in the above decision had behaved very badly indeed. 
 u Ob flagrantem contumaciam," or disobedience to the 
 bishop and to the Holy See, he had been suspended, and 
 " suspensione violata in irregularitatem inciderat." Not- 
 withstanding, the Sacred Congregation of the Council 
 imposed on him only the following comparatively light 
 penance before being absolved from censure and irreg- 
 ularity : " Peractis per decern dies spiritualibus exercitiis 
 in aliqua domo religiosa ab episcopo designanda, esse 
 locum absolutions a censuris et dispensationis ab irreg- 
 ularitate," and besides assigned for his becoming support 
 a pension of " libellorum 400," until such time as he could 
 be provided with an ecclesiastical benefice. 
 
 This Decision of Aug. 12, 1865, is based on the same 
 principle for the protection of the honor of the Priest- 
 hood, as far as " congrua sustentatio" is concerned, as 
 that of St. Pius V. three hundred years before. In his 
 Constitution Quanta Ecclesia, 1 Apr., 1568, this great 
 Pontiff speaks thus : " Beneficia " may be resigned by 
 those, " qui ob capitales inimicitias, nequeunt, vel non 
 audent, in loco beneficii residere secure." But he adds: 
 
174 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 " Sed nechorum ullus sacro ordini mancipatus, nisi Rdigionem 
 ingressurus, valeat ullo modo benejicium vel officium ecclesias- 
 ticum resignare ; nisi aliunde ei sit quo in vita posset com- 
 mode sustentari." Here we have Rome of three centuries 
 ago, and Rome of to-day, consistent with itself, uttering 
 the same sentiments of justice, mercy and clemency as 
 she always does. 
 
 Nor can the senseless objection be brought against the 
 authorities I have quoted, that there are no benefices in 
 this country, whence " congrua sustentatio " could be 
 drawn. The Religious within the jurisdiction of the 
 bishops that composed the Council of Bordeaux, A. D. 
 12 16, had no benefices. Yet if any of them erred, their 
 superiors were not permitted to let them wander around, 
 " in contemptum Ecclesise mendicaturi," but were 
 obliged to support them in their own monasteries, " intra 
 eorumdem monasteriorum septa puniri et sustentari 
 compellantur." This legislation shows the spirit of the 
 Church in the thirteenth century. 
 
 The Jesuits had no benefices. Yet Sixtus V. required 
 that, in case any of them were expelled from the Order, 
 they should receive a pension for their honest subsistence, 
 " Provideatur illis de reditu quadraginta aureorum 
 nummorum ex bonis religionis." 
 
 Moreover, as we have already seen, the " Titulus 
 Missionis " confers, essentially, the same right to "con- 
 grua sustentatio " as " Titulus Beneficii," or any other 
 regular canonical Title in the Church. 
 
 Besides, in providing a suitable support for an erring 
 priest, not contumacious, the diocese to which he belongs 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 175 
 
 consults its own honor and interest, as well as the 
 honor of the Church and of the Priesthood. In face of 
 the authorities I have quoted, and will yet bring forward, 
 it is, in my mind, a humiliating reflection both on the 
 diocese, and the one who presides over it, to find any one 
 of its priests wandering from place to place, and subsist- 
 ing on the charity of the clergy and faithful. It is not 
 saying much to assert, that there ought to be enough of 
 beneficence at least, if not charity and justice, amongst the 
 bishop, priests and faithiul of a diocese to provide the 
 necessaries of life for one or another clergyman belonging 
 to it, who for any cause whatever may become unfitted 
 for duty. 
 
 Finally, it is not true that " congrua sustentatio " is 
 given in Europe only to those possessing benefices. The 
 case of a bishop ordaining without a Title is an instance. 
 In such circumstances, as we have already seen, the 
 bishop is bound to support him at his own expense. 
 Moreover, we have many instances of priests possessed 
 of no Title whatever, and yet Rome decided that they 
 should receive an alimentary pension or the means of 
 subsistence. " The Church never abandons the mem- 
 bers of the clergy to mendicancy." 
 
 To the above Decisions and Declarations of Roman 
 Pontiffs and Sacred Congregations, so clearly and con- 
 clusively proving that even an unworthy priest, not con- 
 tumacious, ought to be provided for in some way, and 
 not thrown helplessly on the charity of the public, I 
 will add the testimony of theologians, of such weight 
 and authority that they cannot be gainsaid. 
 
1 76 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 St. Liguori, of whom the Church now sings, " O 
 Doctor optime, Ecclesiae sanctae lumen," whose teaching 
 has been positively sanctioned by Rome, as is evident 
 from the following twofold decision, blended in one, of 
 the Sacred Penitentiary: "Tutum esse S. Theologise 
 Professorem, ac non esse inquietandum confessarium, qui 
 omnes Sancti Alphonsi sententias sola ipsius auctoritate 
 ducti, sequuntur," St. Alphonsus Liguori, in Tom. 7, lib. 
 7, c. 3 de Surp., has the following : " Dubit. I. An suspen- 
 sus a beneficio, si sit pauper, possit fructus sibi retinere? 
 Respondetur affirmative, si suspensio est lata in pcenam 
 criminis omnino prseteriti, secus, si fuerit lata ob contu- 
 maciam, quia non debet ab Ecclesia subveniri ei qui volun- 
 tarie Ecclesias disciplinam vilipendit, cum libere possit a 
 sua contumacia recedere. Ita Suarez et alii." 
 
 The Summa S. Thomse, by F. C. R. Billuart, a 
 theologian of the very first rank, a new edition of whose 
 work, in 8 vols., was published as late as 1873, and whose 
 Theology had the honor of being constantly on the tables 
 of the august assembly of the Vatican (Ecumenical 
 Council (Billuart, ed. Leodi 1751, Vol. xiv., p. 371) says: 
 " Suspensus totaliter a beneficio, -non potest gerere ejus 
 administrationem, nee percipere ullos fructus, sive quo- 
 tidianos, sive principales, nisi in quantum sunt necessaria 
 ad victum, si tamen ab eo non pendeat ut absolvatur, 
 alioquin (contumacia) sibi imputet." 
 
 Daelman, Professor in the University of Louvain, and 
 Rector of the same, in his Theology, printed at Antwerp, 
 A. D. 1735, trac. de Sacrm., p. 139, has the following: 
 " Dicet aliquis : si clericus totaliter suspendatur a bene- 
 
CONTUMACY ALONE FORFEITS THE RIOHT TO A LIVING:. 177 
 
 ficio : ergo, interim, debebit talis mendicare, vel esurire ? 
 Resp. Si talis aliunde non habeat unde se sustentet, et 
 suspendatur ad annum, aut aliud tempus definitum, tunc 
 ei debet sufficiens assignari sustentatio." 
 
 In Theologia Practica, by J. B. F. Vernier, in note b 
 to N. 660, the following sentence is found: "Juxta 
 multos, suspensus (saltern in pcenam delicti commissi, et 
 non ob contumaciam) potest sibi de fructibus retinere ad 
 vivendum, si pauper sit." Vernier's standing as a 
 theologian is, " Probabilior ista in doctrinis practicis 
 versatus, sed saepius severioris ethices sectator." 
 
 No one could desire any thing clearer, or more to the 
 point, than the language of the above theologians in 
 support of the position I am advocating, that even an 
 unworthy clergyman, not contumacious, has a right to 
 the means of an honest subsistence. 
 
 I will draw this chapter to a close by citing an histor- 
 ical incident of great weight, in confirmation of the above 
 quoted Decrees of Sovereign Pontiffs, Decisions of Sacred 
 Congregations and teachings of theologians. It will, 
 moreover, show the mercy, and charity, and humanity ot 
 the Church towards the clergy, and carrying us back 
 centuries, almost to the beginning of Christianity, will 
 prove that her spirit then was the same as that set forth 
 in the authorities I have already, or will yet cite, and 
 which prove so clearly, so conclusively and so unequivo- 
 cally, that no priest, how unworthy soever, and not con- 
 tumacious, should ever be abandoned by his bishop to 
 helpless want and unspeakable misery, which is done, as 
 
178 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 a rule, when he is uncanonically dismissed from his 
 diocese. 
 
 The historical fact to which I have reference, is relat- 
 ed in the Acts of the Holy and (Ecumenical Council oi 
 Chalcedon, held A. D. 451 : " Residentibus universis ante 
 cancellos sancti altaris, Maximus Reverendissimus Epis- 
 copus Antiochiae dixit: Deprecor magnificentissimos et 
 gloriosissimos judices, et sanctam hanc universalem syn- 
 odum, ut humanitatem exercere in Domnum, qui fuit 
 Antiochiae Episcopus dignemini, et statuere ei certos 
 sumptus de Ecclesia quae sub me est. . . . 
 
 " Universa Sancta Synodus vociferata est : Laudabiles 
 merito sunt benevolentias Archiepiscopi : omnes cogita- 
 tum ejus laudamus: hie decet ejus existimationem hujus 
 cogitatus Pontificis." Con. Chal.,/r/. 2 t act. 10 in fine. 
 
 Domnus, the bishop who is here spoken of, was deposed 
 from the See of Antioch. What a noble example of 
 Christian charity and sacerdotal friendship, did not the 
 sainted Maximus display to the assembled Council, when, 
 rising from his seat, he begged the Fathers to provide for 
 his deposed predecessor, " statuere ei certos sumptus de 
 Ecclesia qua? sub me est." And grander still, and even 
 more worthy of admiration, was the reply of the venerable 
 Fathers of the Council, bursting forth spontaneously, in one 
 grand shout of Christian charity : " Universa Sancta Syn- 
 odus vociferata est: Laudabiles merito sunt benevolentiae 
 Archiepiscopi." 
 
 Here we have, I might say, an (Ecumenical Council 
 deciding the proposition I am advocating in these humble 
 pages, or at least most unequivocally supporting it, by 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 179 
 
 proclaiming the justness and propriety of giving to a 
 delinquent clergyman, not contumacious, a becoming sup- 
 port when he has not means of his own. But such has 
 ever been the spirit of the Catholic Church from the very 
 beginning. She knows the dignity of the sacerdotal 
 character, and adequately understands the honor and 
 veneration due to it. Therefore has she so persistently, 
 by Decrees of Councils, by Decisions of her Sacred Con- 
 gregations, and by rulings of her Supreme Pontiffs, pro- 
 tected that sacred character, even in him who had lost 
 sight of the honor due to it in his own person by falling 
 into open sin or crime. Not even such a one does she 
 allow to be deprived of a becoming subsistence, lest he 
 might bring shame and dishonor on the Church and the 
 Priesthood, by being obliged to beg or have recourse to 
 secular pursuits to gain a livelihood. " Nemo ignorat, ab 
 antiquissimis inde temporibus cautum fuisse, ut quicum- 
 que in Ecclesia Dei ad Sacros Ordines essent promovendi, 
 eisdem de congrua perpetuaque substentatione provide- 
 retur, cum indecorum omnino sit atque a clericorum qui 
 Sacris Ordinibus constituuntur, dignitate prorsus alie- 
 num, ut ipsi, aut mendicatis subsidiis, aut ex sordido 
 qusestu, eaquae ad victum necessaria sunt, sibi comparare 
 cogantur." Instr. S. C. de P. F. de Tit. Ord. 
 
CHAPTER XIII. 
 
 EVEN AN UNWORTHY CLERGYMAN, NOT CONTUMACIOUS, 
 
 HAS A RIGHT TO A BECOMING SUPPORT. 
 
 Concluded. 
 
 As this is an important question in its practical bearing 
 and consequences, I will adduce yet other authorities to 
 sustain what, I am sure, I have already clearly demon- 
 strated in the two preceding chapters, viz. : that even an 
 unworthy clergyman, not contumacious, cannot lawfully 
 be dismissed from his diocese, and abandoned to public 
 charity, but that, according to the spirit and letter of the 
 Church's teaching, and the Decisions of her Sacred Con- 
 gregations, he must receive the means to live as becomes 
 his sacred character. 
 
 The same CEcumenical Council of Chalcedon, of which 
 I spoke in the preceding chapter, also enacted that a 
 pension, " Nutrimenti gratia et consolationis, annis sin- 
 gulis, solidos aureos ducentos," should be given to two 
 bishops, Bassian and Stephen, who had intruded them- 
 selves into the See of Ephesus, and who were removed 
 therefrom. The words of the Council are : " Removebun- 
 tur equidem a Sancta Ephesinorum Ecclesia Bassianus et 
 Stephanus Reverendissimi : habeant autem dignitatem 
 episcopi : et ex reditibus memoratae sanctissimae Ecclesiae, 
 nutrimenti gratia et consolationis, annis singulis solidos 
 aureos ducentos accipiant." And all the venerable Fath- 
 
CONTUMACY ALONE FORFEITS THE EIGHT TO A LIVING. 181 
 
 ers of the Council answered unanimously: "Haecjusta 
 sententia: haec justa forma: hasc bene habent." Con. 
 Chal., Act. 12 in fine. 
 
 St. Gregory the Great prescribed that a pension be 
 given to Agathon, a bishop who had been deposed on 
 account of his bad life, and who had no means of 'subsist- 
 ence. The following are the words of this great and 
 holy Pontiff: " Postquam in Agathonem, quondam epis- 
 copum, juxta qualitatem excessuum, districtione canonica 
 est vindicatum ; necesse est humanitatis intuitu quemadmo- 
 dum sustentari possit disponere. Propterea, paternitas 
 tua ad Liparitanam Ecclesiam in qua supradictus Agatho 
 sacerdotis gessit officium, festinet dirigere eique ad prae- 
 sens exinde quinquaginta solidos, qui in ejus possent pro- 
 ficere victum, transmittas; NAM, nimis EST impium, si 
 
 ALIMENTORUM NECESSITATI POST VINDICTUM SUBJACEAT." 
 
 S. Greg. Magn., lib. 2, Ep. ind. n, Epist. 53. 
 
 I cannot, here, refrain from making a brief commentary 
 on the text of St. Gregory the Great, just quoted. None 
 can dispute, with these words of that illustrious and im- 
 mortal Pontiff before his eyes, that an unworthy priest, 
 not contumacious, ought to be provided with the means of 
 an honest subsistence. None can deny, that this proposi- 
 tion is clearly and forcibly upheld by the above quoted 
 words of this bright light and glory of the Church, St. 
 Gregory the Great. 
 
 The bishop Agatho had been deposed for his great ex- 
 cesses, 'juxta qualitatem excessuum districtione canonica 
 est vindicatum." Then, on the score of humanity, St. 
 Gregory required that some provision be made for his 
 
182 THE BIGHTS OF THE CLEKGY VINDICATED. 
 
 maintenance, "Necesse est humanitatis intuitu, quemad- 
 modum sustentari possit disponere." Having directed how 
 this should be done, he concludes with these forcible, but 
 most truthful words, than which none more pointed or 
 vigorous have fallen from my humble pen, in speaking ot 
 the same matter : "Nimis est impium si alimentorum 
 
 NECESSITATI POST VINDICTUM SUBJACEAT." If I had no 
 
 other authority than these words of St. Gregory the 
 Great, to prove the propriety and justice of giving even 
 to an unworthy clergyman, not contumacious, a suitable 
 living, they would be more than sufficient. 
 
 Nor will it be objected, that the culprits in these three 
 cases, as well as in the one related in the previous chap- 
 ter, were bishops. The circumstance that a delinquent 
 clergyman belongs to the episcopal order, does not, in the 
 estimation of mankind in general, or in the judgment of 
 the Church, palliate his crime ; on the contrary, it rather 
 aggravates it, and renders the criminal less worthy of pity 
 and compassion. If, therefore, according to St. Gregory 
 the Great, it is wrong and even inhuman and impious, to 
 deprive an unworthy bishop of the means of an honest 
 subsistence, together with making him suffer the punish- 
 ment of his crimes, is it not likewise wrong, inhuman and 
 impious, to treat an unworthy priest in the same manner ? 
 It is not I, therefore, but the great St. Gregory, who so 
 worthily filled the chair of Peter, that reproves, in no 
 gentle speech either, those ecclesiastical superiors who 
 not only punish a clergyman by suspending him from his 
 office, but who, moreover, cruelly deprive him of every 
 means of subsistence ; and oftentimes, by uncanonically 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 183 
 
 dismissing him from his diocese, reduce him, a priest of 
 God, to the condition of a helpless mendicant, to want, to 
 misery, to beggary and to rags. I need not offer any 
 apology whatever, for stigmatizing this inhuman conduct, 
 when I have been obliged to allude to it, in the mild and 
 truthful terms I have employed, when I put my expres- 
 sions side by side with this utterance of the renowned St. 
 Gregory the Great: " Nimis est impium si alimen- 
 
 TORUM NECESSITATI POST VINDICTUM SUBJACEAT." 
 
 The last authority I will cite in favor of my thesis, that 
 a delinquent clergy man, not contumacious, and not having 
 the means of subsistence, has a right to " congrua susten- 
 tatio," is drawn from the reply of the Sacred Congrega- 
 tion of the Propaganda to the suggestion made through 
 the II. Plenary Council of Baltimore by the Rt. Rev. 
 John Henry Luers, D. D., Bishop of Ft. Wayne, Indiana, 
 to whose merciful soul may the God of mercy grant 
 peace and eternal rest. 
 
 I know not, nor have I the means of ascertaining, what 
 was in the text of Nos. 345, 346 and 357 (see II. Plen. Coun. 
 Balto., p. cxxxix., No. 14), which numbers, by order o f 
 the Sacred Congregation, were suppressed altogether, 
 nor do I know what was the precise wording of No. 347 ; 
 but what I find in the note to No. 15 (see II. Plen. Coun. 
 Balto., p. cxl.) is amply sufficient for my purpose. 
 
 According to this note, Rt. Rev. J. H. Luers made 
 the suggestion contained in the following words: " Ordi- 
 narii locorum, in quibus ejusmodi (scil. pauperes ac infirmi 
 titulo missionis ordinati) sacerdotes, annuale quoddam 
 stipendium ad eorum decentem sustentationem sufficiens, 
 
1 84 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 ab illis congregationibus, seu districtibus missionariis, in 
 quibus prius operam impenderunt exigant, iisdemque 
 sacerdotibus statis temporibus distribuant. Sed cum 
 haud raro sit pertimescendum, ne haec provisio, vel sit 
 insufficiens, vel haud facile executioni dari possit, ideo de- 
 cernimus insuper ut per Ordinarios fundus quidam specialis 
 ex taxis singulis, uniuscujusque Diceceseos Congregation- 
 ibus pro rata et aeque imponendis constituatur, unde 
 sacerdotes, de quibus est sermo, victum competentem 
 habere possint. Modus autem fundum hujusmodi colli- 
 gendi et administrandi a respectivis Dicecesanis Synodis 
 ordinetur. Praedicti vero sacerdotes plena gaudeant 
 libertate utendi pecunia modo hie exposito recepta, 
 ubicumque illis magis commorari placuerit, modo in om- 
 nibus, uti Sacerdotalem decet dignitatem, sese gerant. 
 Quinimo, ex eodem fundo, Ordinarii judicio, poterunt 
 saltern aliquatenus, sustentari illi etiam Sacerdotes, QUI 
 
 QUIDEM SUNT VEL RECENTER FUERUNT INDIGNI, Sed de 
 
 quibus spes effulgeat illos ad meliorem frugem esse 
 reducendos." 
 
 To the above Postulatum of the merciful hearted bishop 
 of Ft. Wayne, the Sacred Congregation of the Propaganda 
 (see 1 1. Plenary Council of Baltimore, p. exxxix., No. 1 5) re- 
 plied as follows : " Cum vero EE. PP. diligenter expendis- 
 sent additionem, quam Episcopus Wayne castrensis textui 
 No. 347 inserendam proposuit, circa jura Missionariorum 
 ex titulo ordinationis acquisita, nee non circa modum eis 
 satisfaciendi, illius quidem sententiam admittere nolue- 
 
 runt ; PLACUIT TAMEN IPSIS, UT PER HANC EPISTOLAM 
 INSTITUTIO PRO SACERDOTIBUS PAUPERIBUS SUSTENTAN- 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 185 
 
 dis, a Wayne castrensis pr^sule insinuata, ampli- 
 tudinisu^e c^eterisque episcopis commendaretur." 
 
 Although the above answer of the Most Eminent Car- 
 dinals of the Sacred Congregation of the Propaganda to 
 the Postulatum of the lamented bishop of Ft. Wayne, is 
 sufficiently clear, to any one reading it with that atten- 
 tion required for understanding the answers of Rome, in 
 which not one word is wanting, and none are superfluous, 
 yet it will not be out of place to make a few comments 
 thereon, and show how evidently it supports, what I 
 think I have already satisfactorily proved, that a priest 
 who is not contumacious, and not having the means of 
 subsistence, should receive the same from the Church. 
 
 In the first place, the Sacred Congregation did not 
 coincide with all the views of the bishop of Ft. Wayne, 
 as expressed in his Postulatum " circa jura Missionari- 
 orum ex titulo ordinationis acquisita, nee non circa 
 modum eis satisfaciendi, illius quidam sententiam admit- 
 tere noluerunt." They do not state, explicitly, the reasons 
 of their dissent. This, in fact, was unnecessary, for in the 
 previous No., viz. : 14 (see II. Plenary Council of Baltimore, 
 No. 14, p. exxxix), they promised to all the bishops of the 
 United States a Document which would treat ex officio, 
 of the rights of missionary priests and the mode of satis- 
 fying them, and which, in fact, was sent to them Apr. 27, 
 1 87 1, I mean the " Instructio " of the Propaganda con- 
 cerning the Title of Ordination, from which, in Chap, xi., 
 I made several extracts, to show that the Title of the 
 Mission gave the right to an honest subsistence as valid- 
 ly as any other Title in the Church. 
 
186 IHE RIGHTS OF THE CLERGY VINDICATED. 
 
 But one thing is clear, and certain, and beyond the shad- 
 ow of a doubt, and that is, that the Sacred Congregation 
 approved of the " Institutio " itself suggested by the kind 
 hearted bishop of Ft. Wayne, or, if they found any fault 
 with it, it was because it did not determine more explic- 
 itly and boldly the right of priests " qui quidem sunt vel 
 recenter fuerunt indigni," to participate de jure, equally 
 with priests " pauperes ac infirmi," in the benevolent fund 
 that was proposed to be raised. This is evidently seen 
 from the very answer itself of the Sacred Congregation. 
 In the answers of Roman Congregations every word is 
 fraught with meaning. Nothing is useless ; nothing is 
 wanting. The words " pauperes ac infirmi " were 
 conspicuous in the Postulatum of the pious bishop of 
 Ft. Wayne, and the greater part of it had reference to 
 such clergymen. It was only in the end that he timidly 
 suggested, that priests " qui sunt vel recenter fuerunt 
 indigni," might sometimes, at the option of the Ordinary, 
 participate in the benevolent fund to be raised chiefly for 
 ** sacerdotes pauperes ac infirmi." 
 
 Now in the answer to the Postulatum of the bishop of 
 Ft. Wayne, Rome discarded entirely the word " infirmi," 
 which was so prominent and conspicuous therein, and 
 recommended an " Institutio pro sacerdotibus pauperi- 
 bus sustentandis," thus giving to the two classes men- 
 tioned in the Postulatum, scil. : " Sacerdotes pauperes ac 
 infirmi," and those " qui sunt vel fuerunt indigni," an 
 equal right de jure of benefitting by the benevolent fund 
 which was suggested to be raised in each diocese. Ac- 
 cordingly, the Most Eminent Cardinals approve and 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 187 
 
 sanction and commend an " Institutio pro sacerdoti- 
 BUS PAUPERIBUS," whether they are " pauperes ac infirmi," 
 or "qui sunt vel recenterfuerunt indigni," as their words 
 plainly show: " Placuit IPSIS UT PER HANC Epistolam 
 Institutio pro sacerdotibus pauperibus sustentan- 
 DIS, a Wayne castrensis praesule insinuata, amplitudini 
 su^e, oeterisque Episcopis commendaretur." 
 
 Hence Rome, in commending the " Institutio" of the 
 lamented, just and merciful bishop of Ft. Wayne to all 
 the prelates of the United States, gave them distinctly to 
 understand that delinquent priests, not contumacious, 
 ought not to be abandoned to poverty and want, but 
 provided at least with the necessaries of life. 
 
 After the many and unexceptionable authorities I have 
 adduced to prove this proposition, that any priest not 
 contumacious and not possessing the means of subsistence, 
 has a right to receive a becoming support, I need not 
 dwell on it any longer. I have proved it conclusively 
 and- beyond the shadow of doubt. I do not anticipate 
 that there is a bishop or priest in the Church who will or 
 can call it in question. If we had not the authority of 
 St. Gregory the Great, of Sixtus V., and of PiusVI. ; of 
 theologians such as St. Liguori, Billuart and'Suarez ; of a 
 great number of decisions of Sacred Congregations the 
 highest authority in the Church of God, after an 
 CEcumenical Council, or the Pope speaking ex Cathedra 
 to support this proposition, it would be amply sustained 
 on the ground of the honor and reverence due the Priest- 
 hood of Jesus Christ, on the principles of Christian 
 
188 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 charity alone, and not to speak at all of justice, on the 
 broad principles of our common humanity. 
 
 What is it, in fact, to refuse even an unworthy priest 
 " congrua sustentatio," a right given him by the Title of 
 his Ordination, and of which he should at least reap the 
 advantage, above all other times, when he is in extreme 
 need ? It is to reduce him to a condition which " the 
 Holy Canons assimilate to the pain of death ;" it is to 
 drag him down into want and misery, so that he is unable 
 " to live in a manner becoming the priestly character ;" 
 it is to throw him helplessly on the charity of the public, 
 " in contemptum Ecclesiae mendicaturus ;" it is to make 
 of him generally, " procul a sua regione exul et profugus ;" 
 and it is, as St. Gregory the Great expresses it, inhuman 
 and " nimis impium." To dismiss even an unworthy 
 priest from his diocese, and refuse him " congrua susten- 
 tatio," is to reduce him to poverty and want, thence to 
 beggary and rags ; it is to drive him to despair, desola- 
 tion and ruin ; it is to bring infamy on the Priesthood of 
 Jesus Christ, and shame and dishonor on His Immaculate 
 Spouse, the Church ; it is to give cause for sorrow and 
 tears to the faithful, of sadness to the angels of heaven, 
 and of grief to the Sacred Hearts of Jesus and Mary; 
 whilst the infidel, and irreligious, and all the enemies of 
 God's Church rejoice and are glad, and the very demons 
 of hell shout for joy, for they know well the fruits of evil, 
 of sin and of scandal, that attend the making of any priest 
 a helpless outcast on the world. 
 
 As no priest is permitted to gain his livelihood, " ex 
 sordido quasstu," vel " ex mendicatis subsidiis, " amply 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 189 
 
 proved by the many authorities I have quoted ; and since 
 even an unworthy priest can bring dishonor on the Priest- 
 hood in general, and scandal and disgrace on the Church, 
 when he is helplessly dismissed from his diocese, aban- 
 doned by his bishop, and denied that honest subsistence 
 which the Title of Ordination requires, it follows that it 
 is a solemn obligation, incumbent on every bishop, to 
 place such a priest in a position that will preclude the 
 necessity of begging, or engaging in secular employments, 
 and which, at the same time, will take from him the 
 occasion or opportunity of giving scandal. It is a bishop's 
 duty, therefore, to provide for him a home or a refuge of some 
 kind, no matter how univorthy soever he may be, as long as he 
 is not contumacious. There can be no other conclusion 
 drawn from the many authorities I have adduced. There 
 is not a particle of doubt that such is the spirit and prac- 
 tice of the Church, clearly evident from the same author- 
 ities. How unworthy soever he may be, he is neverthe- 
 less a priest. The priestly character, as I have already 
 noted, is the exalted motive actuating the Church in her 
 reiterated prohibition, which debars him from all secular 
 employments, and in declaring that once he has received 
 Sacred Orders, he must receive " congrua perpetuaque 
 substentatio." All this is done to protect the honor and 
 dignity of the Priesthood. And so determined is the 
 Church to protect the priestly character from being ex- 
 posed to insult and infamy, that when she finds any of her 
 ministers incorrigible, who wilfully and persistently 
 violates his obligations as a priest, and thereby gives 
 scandal and dishonors to the Priesthood, she encloses him, 
 
190 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 where she has the power, within the precincts of her 
 " ergastula," or Houses of Correction for Clergymen. 
 This she does, not only for his own individual benefit 
 and correction, but to protect the honor and dignity of 
 the Priesthood, of which he is, though unworthy, a mem- 
 ber. 
 
 The same solicitude for the honor and dignity of the 
 sacerdotal character, ought to animate the heart of every 
 bishop in the Catholic Church. Hence the instructions 
 and admonitions of the Council of Trent to bishops ; 
 hence the importance and necessity of every priest having 
 a Title, which secures him a becoming support; hence, 
 too, the prohibition of the II. Plenary Council of Balti- 
 more forbidding the dismissal of any priest from his diocese 
 before he has secured another bishop. All these laws 
 and regulations are intended to throw around a clergy- 
 man that protection which will save him even from him- 
 self, if necessary. 
 
 A secular priest must always have his bishop to whom 
 he owes obedience, and who is bound by his office to 
 care for him always, unless by contumacy he cuts him- 
 self loose from the Church's mercy and clemency. As a 
 priest cannot, of his own will and pleasure, leave his 
 bishop to go where his inclinations or fancy may suggest, 
 neither can a bishop, of his own will and pleasure, law- 
 fully dismiss a clergyman from his diocese, and abandon 
 him to his own resources, or throw him helplessly on the 
 charity of the world. He was ordained for one or an- 
 other diocese, or regularly affiliated to it. The bishop 
 of that diocese is the father and protector whom the 
 
CONTUMACY ALONE FORFEITS THE RIGHT TO A LIVING. 191 
 
 Church has given him. Hence the words of the Counci) 
 of Trent, " tanquam fratres et filios diligant." What kind 
 of a father would he be, who would cast forth from 
 under his roof even an unworthy child, to famish of hun- 
 ger or die by the wayside ? He would certainly not 
 deserve the sweet name of Father, but would rather 
 be looked upon by the community as a monster. 
 
 A bishop, therefore, should govern his clergy with the 
 firm but kind hand of a father. It is his duty to admon- 
 ish any of them forgetful of their high and holy calling ; 
 to exhort and advise them, to expostulate with them, 
 to pray for them : in a word, to employ all the means the 
 Church has placed in his hands, and a father's heart 
 suggests, to correct and reform them, but never is he 
 allowed to abandon them as long as they are not contu- 
 macious ; never is he permitted to place them in the sad 
 alternative, either to beg or starve. This, 1 think, has 
 been abundantly proved in the preceding chapters. 
 Besides, it is cruel in the extreme, if we look at it calmly, 
 and consider it in itself, and in all its frightful, and some- 
 times irreparable consequences of evil. " Nemo ignorat, 
 ab antiquissimis inde temporibus cautum fuisse, ut qui- 
 cumque in Ecclesia Dei ad Sacros Ordines essent promo- 
 vendi, eisdem de congrua perpetuaque substentatione 
 provideretur, cum indecorum omnino sit, atque a clerico- 
 rum qui Sacris Ordinibus constituuntur, dignitate prorsus 
 alienum, ut ipsi, aut i^endicatis subsidiis, aut ex sordido 
 quaestu, ea quae ad victum necessaria sunt, sibi comparare 
 cogantur. " Instn S. C. de P. F. de Tit. Ord. 
 
CHAPTER XIV. 
 
 SPIRIT OF ROME TOWARDS THE CLERGY. 
 
 After the many Decisions of Roman Pontiffs and Rom- 
 an Congregations given in the preceding chapters, it 
 seems almost superfluous to speak in a special chapter of 
 the spirit of Rome towards the clergy. For from these 
 Decisions, her spirit is apparent. It unmistakably shines 
 forth in its true colors, in all the Acta et Gesta S. Sedis, 
 and is proved to be in perfect accord with the spirit of 
 the Church, or rather is the spirit of the Church, the 
 spirit of Jesus Christ Himself, which is pre-eminently a 
 spirit of charity, mercy and forgiveness. 
 
 The spirit of Rome towards the clergy is exemplified by a 
 thousand facts. It is shown in the solicitude she manifests 
 that every priest be ordained to a legitimate Title, which 
 gives him the right to a becoming subsistence, and in her 
 desire that, in this country, the extraordinary Title of the 
 Mission be superseded, as soon as possible, by the regular 
 canonical Titles in use for ages, to the end that this " be- 
 coming subsistence" may be secured the more success- 
 fully. Her spirit of charity, mercy and forgiveness, is 
 seen in all her decisions in criminal causes. It is manifest 
 in the case I mentioned above, where a clergyman was 
 accused of homicide. Though justice demanded a severe 
 punishment, Rome nevertheless blends mercy with judg- 
 ment, and orders the bishop to provide for his material 
 
SPIRIT OF ROME TOWARDS THE CLERGY. 193 
 
 wants, " Episcopus procuret assignamentum procongrua 
 parochi et habito." It is evident, in another case, where a 
 priest was deposed for his offences. Whilst Rome wields 
 the sword of justice, and confirms the sentence of deposi- 
 tion against him, she tempers, however, the sentence with 
 mercy, for she writes to the bishop : " Your lordship is 
 absolutely obliged to furnish the means of subsistence to 
 this priest in want, so that he may be able to live in a 
 manner becoming the priestly character, and not be oblig- 
 ed to beg," at the same time informing him that if he 
 does not comply with this injunction and his obligation, 
 she will take the means of having the order executed, add- 
 ing these words, worthy of special note : " II it is just to 
 punish him for his crime, it is also just that he receive 
 the means of subsistence." The clemency of Rome again 
 is seen in the case I related, of a clergyman who had 
 been guilty of flagrant contumacy, by disobeying his 
 bishop and the Holy See, and who, " suspensione 
 violata," had incurred irregularity. Yet the Sacred Con- 
 gregation imposed on him the following penance only, to 
 be relieved of suspension and irregularity, " Peractis per 
 decern dies spiritualibus exercitiis in aliqua domo religiosa 
 ab episcopo designanda, esse locum absolutions a censuris 
 et dispensationis ab irregularitate," having also allowed 
 him a pension for his maintenance. Again, the spirit of 
 Rome's mercy and clemency is apparent in the answer of 
 Pius VI. to a case in which the priest was guilty of 
 " Necem illatam, non casu aliquo fortuito, sed ejusdem 
 culpa et pravitate." The venerable Father of the faithful 
 laments indeed, that he who ought to have been an exam- 
 
194 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 pie of meekness, "exemplum lenitatis," should have so 
 far forgotten the law of God, his priestly dignity, and the 
 promptings of humanity itself, as to commit the heinous 
 offence he did, yet believing, "cum rigore justitia2 v tem- 
 perandam esse pietatem," he extends to him the consola- 
 tion, " ut pro nunc extra dicecesim sacrum peragere illi per- 
 mittatur," and assigns him " congrua sustentatio." Rome's 
 mercy, and clemency, and spirit of forgiveness are pro- 
 verbial. A thousand or more instances could be adduced 
 in evidence of it. 
 
 Many people, alas, in our day, are imbued with that 
 Pharisaical spirit which looks only at outside appearances. 
 They possess, more or less without knowing it, of the 
 spirit of false righteousness, which on Hhe one hand raises 
 the cry of condemnation and reprobation against the poor 
 unfortunate whom dire necessity compels to wander hith- 
 er and thither in search of employment, or the distracted fa- 
 ther who takes a loaf of bread to keep his wife and children 
 from starvation, whilst on the other hand, that same spirit 
 of external probity condones the most enormous crimes 
 committed "respectably," fawns and smiles on the heart- 
 less thief who openly, but legally, robs widows and or- 
 phans, and lauds the sleek-tongued and smiling hypocrite, 
 who considers that he is at liberty to commit every crime 
 in the catalogue of iniquity, provided he can do so without 
 imperilling his "reputation." Seeing this spirit of false 
 righteousness manifested on every side of them, and for 
 the multitude forming the rule of judging and acting, 
 even "the children of light" sometimes unconsciously 
 fall into the snare and habit of passing sentence on their 
 
SPIRIT OF ROME TOWARDS THE CLERGY. 195 
 
 brethren, according to false, worldly principles, instead 
 of those of the Gospel. In consequence, they may be 
 almost scandalized, or at least much surprised, at the 
 wonderful leniency of Rome, who shows mercy and 
 clemency to sinners, and pardons those whom some may 
 consider almost, if not altogether unpardonable. 
 
 But the spirit of Rome is not that of the world or of 
 worldlings. It is the spirit of Truth, not the spirit of 
 error. In dealing with the erring, it is a spirit of impar- 
 tial justice, ever and always blended with mercy. Rome 
 follows to the letter the admirable instructions of the 
 Council of Trent, Sess. xiii., c. I de Refor., quoted in a 
 previous chapter, and directed to all the bishops of tue 
 Catholic Church. Her sovereign Pontiffs and Sacred 
 Congregations ever show towards the clergy the solici- 
 tude of true Pastors, and treat them with paternal kind- 
 ness and consideration, even when forced to use the rod 
 of correction. When obliged to punish, " tunc cum 
 mansuctudine rigor, cum misericordia judicium, cum 
 lenitate severitas " is the Rule Rome invariably follows, 
 " ut qui correcti fuerint, emendentur.'' 
 
 " Ut emendentur." That the erring may be corrected 
 and amend their lives, is the great object of Rome in all 
 her punishments, as it should be the end of every ecclesi- 
 astical superior. As the father punishes the disobedient 
 child through a sense of duty, and for its own greater 
 good, so does Rome punish her erring children ; only she 
 joins the mother's tenderness with the father's love, and 
 blends the justice and firmness of the latter with the 
 mercy and compassion of the former. In so doing, she 
 
196 THE RIGHTS OP THE CLERGY VINDICATED. 
 
 only imitates the example of Jesus Christ, an example 
 that has been copied by all bishops of the Church who 
 have been enrolled in her catalogue of saints, as well as 
 by all holy prelates of all climes and of all ages who take 
 Him for their Model, and the admonitions and instruc- 
 tions of His Spouse, the Catholic Church, for their guide 
 of conduct. 
 
 That Rome's spirit of clemency, is the same in this year 
 of grace 1882, as it was in 1714, or in 1658, and during 
 all the centuries back to the very days of Peter, as eccle- 
 siastical history abundantly proves, I will produce a few 
 dc*\sions of Roman Pontiffs and Sacred Congregations in 
 evidence. Of several practical cases, I select first the 
 following, which is ad rem, and of recent date. I find it 
 in the Analecta Juris Pontificii, 13th series, 1874. 
 Whilst it tells its own sad story, it shows at the same time 
 the clement and merciful spirit of Rome. It is in the 
 form of a letter written to a bishop by the Sacred Con- 
 gregation, to whom the Holy Father had committed the 
 matter. It reads as follows : 
 
 ORDINARIO : 
 
 Presbyter Petrus Paulus N., hujus Culmensis Dicecesis, 
 in quern ejus episcopus nuper defunctus aliquibus poenis 
 animadverterat, ad Apostolicam Sedem confugit, utapud 
 earn appellationem contra ordinarii sui decreta proseque- 
 retur. Re ex SSmi. D. N. mandato, ad Sacram Congre- 
 gationem Episcoporum et Regularium delata, eadem S. 
 C. controversiam componere curavit, ne ex una parte 
 Ordinarii auctoritas in discrimen et ex alia orator in des- 
 
SPIEIT OF ROME TOWARDS THE CLERGY. 197 
 
 perationem adduceretur, prcEsertim cum. ipse omni spe 
 destitutus victum non sine sacricaracteris dedecore quasi men- 
 dicare cogeretur. Cum igitur ipse, monitis ei datis 
 obtemperans, appellationi apud S. Sedem interpositae 
 renunciaverit, prout ex adnexa copia apparet, ea spe 
 fretus, lit ab ordinario recipiatur, sibique aliquod munus 
 conferatur, ex qua proventus ad vitam necessarios habeat, 
 eadem S. Congregatio praefatum presbyterum ad te 
 remittit, ilium charitati tuae enixe commendans, ut benig- 
 ne excipias ac de congrua sustentatione provideatur, quo 
 net, ut diuturnae controversial ex qua gravia poterant 
 scandala oriri, finis imponatur. Haec tibi significanda 
 erant, cui interea fausta omnia adprecor a Domino." 
 Romas, die 13 Aug., 1857. 
 
 It seems that the clergyman of whom there is question 
 in the above, was ordained without a Title, as the Ana- 
 lecta gives the case in the Index under the heading of 
 " Priests ordained without a Title. " This Declaration 
 of Rome therefore is another proof of what I have 
 already said, that it is not the Title itself, but the sacer- 
 dotal character, which in the mind of the Church, 
 requires "congrua sustentatio," the Title simply showing 
 the source whence it must come. 
 
 In the following letter written by Cardinal Cadolini in 
 1845 to tne Sacred Congregation, is clearly manifested 
 the spirit of Rome and of her bishops towards clergymen, 
 which is to protect them and to care for them and not to 
 abandon them to ruin and desolation. 
 
 " To recall some ecclesiastics of my diocese to a sense 
 of their duty, and to put an end to talk and scandal, the 
 
198 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 duty of my pastoral charge frequently obliges me to 
 punish them for their correction, and sometimes the 
 offence requires a formal trial. 
 
 " Not having any special place of confinement for 
 ecclesiastics, nor a place that would serve the purpose, 
 my predecessors sent delinquents and those against whom 
 charges were made, to religious communities for the 
 purpose of amendment, or to await there the judicial 
 proceedings necessary to clear up the accusations brought 
 against them. Indeed, to cite but one example, my 
 immediate predecessor, Cardinal della Gonza, in 1840 
 sent to the convent of the Capuchins at Ferrara, Rev. 
 Antony N., who remained there more than two years to 
 atone for his fault. I myself have done the same in three 
 cases, and have sent some priests for correction to the 
 convent of the Capuchins, or to the Priests of the Mission, and 
 even to the convent of the Barefooted Augusiinians. 
 
 " These communities now inform me that they have 
 received orders from their Superiors not to receive such 
 priests henceforth, and for this reason excuse themselves 
 for not being able to grant my just desire. What shall 
 I do in so afflicting a situation? Must I transfer such 
 ecclesiastics to the public prisons, to the great dishonor 
 of the sacerdotal character? To avoid this painful 
 extremity I earnestly pray your Eminence to induce the 
 Sacred Congregation to kindly order that the Rev. 
 Capuchin Fathers of Ferrara would henceforth receive 
 into their convent, as it is one of the most rigorous ob- 
 servance, and most convenient, the ecclesiastics whom I 
 
SPIRIT OF ROME TOWARDS THE CLERGY. 199 
 
 shall send there. All expenses will be punctually paid 
 either by the clergymen themselves, or by myself." 
 
 " Card. Cadolini. 
 " Ferrara, 23 June, 1845." 
 
 To the above letter, the S. C. Ep. et Reg. answered : 
 " Scribatur P. Ministro Generaii Capucinorum ad men- 
 tern," i. e., let the Father Minister General of the Capuchins 
 be written to on the subject, to the effect that the Capuchin 
 Fathers of Ferrara accede to the just request of Cardinal 
 Cadolini. (Rome, 8 Aug., 1845.) 
 
 This method of acting so full of true charity and 
 mercy, blended at the same time with justice indicated 
 in the above letter of Cardinal Cadolini, who in this only 
 imitated, as he says, his predecessors, sufficiently shows 
 the spirit and practice of Rome towards clergymen, 
 We see therein exhibited the paternal solicitude of a true, 
 Christian bishop. Does the Cardinal think for a moment 
 of abandoning those of his clergy who failed in their 
 duty, or of refusing them the means of subsistence which 
 would force them to become mendicants ? From the 
 tenor of his letter, we infer that such a thought never for 
 a moment entered his mind. He knew too well the laws 
 and spirit of the Church, to burden his conscience with 
 such a sin. And when the Capuchin Fathers, at the 
 bidding of their superiors, declined to receive delinquent 
 clergymen into their house, he earnestly begs the Sacred 
 Congregation to write to them, and to prevail upon them 
 to accede to his just and merciful desire. 
 
 Such is the spirit, such the practice of Rome in her 
 treatment of the clergy. In fact, a well authenticated 
 
200 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 case of the abandonment by Rome of any priest not 
 contumacious, is not on record. Nor, indeed, have I 
 ever heard of its being done in any country in the world, 
 ours only excepted. In other countries where the laws 
 of the Church are observed, no one ever hears of a priest 
 roaming through, the country without a home or a 
 refuge. An asylum of some kind is afforded him, a 
 pillow upon which to lay his head, a bite to eat, and if he 
 is without censure, an altar at which he can feed ( and 
 strengthen his soul with the Bread of life. It is only in 
 the United States that a priest is often made homeless 
 and penniless, and for whom the words of the Psalmist 
 have neither joy nor significance, " Introibo ad altare Dei, 
 ad Deum Qui laetificat juventutem meam," though he 
 mny be a true penitent, and in God's holy grace. 
 
 The spirit of Rome, that no priest should be deprived 
 of an honest subsistence, is seen moreover from the follow- 
 ing Decisions of Roman Congregations, concerning the 
 secularization of Religious. I extract them from the 
 Analecta Juris Pontificii, 17th series, A. D. 1878. 
 
 To priests of Religious Orders, applying to Rome to 
 be secularized, an indispensable condition is, the securing 
 by them of a bishop, as we infer from the answer of Rome 
 to a Capuchin priest asking to be secularized: " Inveniat 
 episcopum benevolum receptorem, et dein providebitur." 
 Romas, 19 June, 1853. 
 
 Upon the same clergyman applying a second time for 
 secularization, he received the same answer, and was 
 again informed that a necessary condition for seculariza- 
 tion was first to find a bishop who would receive him. 
 
SPIRIT OF ROME TOWARDS THE CLERGY. 201 
 
 This shows clearly that Rome never permits any priest to 
 be cut off from his legitimate superior, until he has placed 
 himself under another. The same principle is embodied 
 in Decree 122 of the II. Plenary Council of Baltimore. 
 
 A case very similar to the above is mentioned (ibid. 
 Col. 443), that of Ambrose Arnon, who had obtained an 
 indult of perpetual secularization, but which could not be 
 executed, because he had no patrimony, or means of sub- 
 sistence. The very Rev. General of the Carthusians, 
 however, having taken upon himself the obligation of 
 furnishing him every year with stipends for masses to the 
 amount of 360 francs, besides a title to ioo francs annual- 
 ly, the Sacred Congregation of Bishops and Regulars 
 authorized the bishop of Frani to execute the indult of 
 secularization, as the clause, " dummodo provisus sit" 
 was deemed sufficiently complied with, by the obligation 
 assumed by the very Rev. General of the Carthusians. 
 
 In Col. 717 we find the following Decree of the S. C< 
 Ep. et Reg. : 
 
 " The long and deplorable difficulty between a Barna- 
 bite priest and his superiors, renders it necessary that he 
 should be secularized. This is granted " in forma gratiosa," 
 i. e., without commission, he being only required to pre- 
 sent it to the Ordinary with his Title of Patrimony. At 
 the same time, the Ordinary is authorized to absolve hi m > 
 even through a delegate, from all censures and ecclesias- 
 tical penalties, to relieve him of any irregularity he may 
 have incurred, as well as to diminish the amount required 
 for his patrimony." Romae, 8 Jul., 1848. 
 
202 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Again, the same S. Congregation writes to a superior 
 as follows : 
 
 " Although the S. C. Ep. et Reg. rarely permits a 
 religious to lay aside his habit and reside outside of his 
 convent, before securing an Ordinary willing to receive 
 him, nevertheless, considering the peculiar circumstances 
 in the case of Father Antonio Armano, the S. Congrega- 
 tion authorizes you to permit this religious to lay aside 
 his habit and leave his convent, to the end that he may 
 procure a patrimony, and the execution of the indult of 
 secularization granted to him the 7th of May last. If in 
 this he does not succeed within six months, lie is obliged 
 to return to the cloister, under tlie penalties decreed against 
 apostates, and HIS ORDER CANNOT REFUSETO RECEIVE HIM." 
 
 Rome, 23 Jun., 1841. 
 
 These Decisions are irrefragable proofs that Rome 
 wishes no priest to be cut loose from his lawful superior, 
 and thus left without the means of subsistence. We have 
 a confirmation of this in the " Instructio" de Tit. Ord., 
 where we read: " Quod si amisso titulo generatim, aut 
 etiam titulo missionis, alter ei non substituatur, sacerdos 
 haud propterea remanet suspensus, sed Ordinarii tenentur 
 compellere ad alterius tituli subrogationem, prout sacris 
 canonibus consultum est." Such, too, is the end and aim 
 of N. 122, of the 1 1. Plenary Council of Baltimore : " Nul- 
 lum harum Provinciarum sacerdotem dimittendum, nisi 
 certo constet eum ab alio episcopo recipiendum." Alas, 
 and alas ! the day of judgment alone will reveal the 
 amount of sin and misery caused by the violation of 
 this wholesome, and merciful, and orderly spirit of the 
 
SPIRIT OF ROME TOWARDS THE CLERGY. 203 
 
 Catholic Church by many ecclesiastical superiors in the 
 United States, both secular and regular! 
 
 What I have said in this chapter of the spirit of Rome 
 receives a signal confirmation from the noble conduct of 
 Leo XIII. towards the erring but penitent Mgr. Kupelian, 
 who had been the Schismatic Patriarch of Constantinople. 
 For the honor of our beloved Holy Father, who by this 
 generous act has gained still more in the affections of his 
 children, for it places him before them in that beautiful 
 and lovely character of the " Good Shepherd," as well 
 as for the confirmation of all I have said in the preceding 
 chapters, I give entire the touching narrative of this 
 grand act of mercy, nobility ot soul and Christian forgive- 
 ness of the venerated Head of Christendom, as taken 
 from the N. Y. Freeman's Journal of May 10, 1879. 
 
 Retractation of Mgr. Jean Kupelian, 
 Late Patriarch of the Neo-Schismatic Armenians. 
 
 On April 18th, His Holiness, Pope Leo XIII., 
 surrounded by a number of Cardinals belonging to the 
 Congregation of the Propaganda for Affairs of the Orien- 
 tal Rite, deigned to admit into his august presence Mgr. 
 Kupelian, who, in a loud voice and in the presence of all, 
 read the following letter of retractation, which he had 
 addressed to the Holy Father immediately on his arrival 
 in Rome : 
 
 " Most Holy Father : I am one of your Holiness' 
 stray sheep, who, becoming disobedient and disregarding 
 the warnings and censures of the Apostolic See, 
 wandered away from the bosom of our holy Mother, the 
 
204 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 Catholic Church ; who adhered to the new Armenian 
 Schism of Constantinople, and who dared to receive, 
 contrary to the laws of the Roman Catholic Church, the 
 episcopal order and the title of Catholic Patriarch. To- 
 day, with contrite heart, coming in person to the feet of 
 your Holiness, I humbly beseech of your paternal 
 clemency, pardon for all my offences and errors. 
 
 " Most Holy Father, desiring to repair all the injury 
 and scandals caused by my illegitimate Patriarchate, 
 before leaving Constantinople, I officially tendered my 
 resignation of it to the Sublime Porte from which I 
 had received it. I acknowledged my grave offences, de- 
 claring before the same Sublime Porte the innocence of 
 His Most Rev. Excellency, Anthony Peter IX., the lawful 
 Patriarch, and proclaiming his sacred rights and those ot 
 the Holy See. 
 
 " And now, in compliance with the oath taken at my 
 ordination, I renew my vow of obedience to the Apostol- 
 ic See, and I sincerely profess this doctrine of the Roman 
 Catholic Church taught me from my earliest infancy, that 
 the Roman Pontiff is the successor of the Apostle St. 
 Peter, the Vicar of Jesus Christ, the Head of the Univer- 
 sal Church by divine right, and that he has, in matters of 
 faith, as well as in morals and discipline, the immediate 
 authority received from Jesus Christ to teach, to feed, to 
 rule and govern the whole Church, in general and speci- 
 , ally, and each nation and each individual, whether of the 
 Eastern or Western Rite. 
 
 " In here renewing, Most Holy Father, the foregoing 
 profession, I humbly implore your Holiness to receive 
 
SPIRIT OF ROME TOWARDS THE CLERGY. 205 
 
 me again into the bosom of the Holy Catholic Church, 
 after having absolved me from all the censures and 
 irregularities I have incurred. With this object I sin- 
 cerely retract all I have said, written, and done against 
 the Holy Roman Apostolic See. I pray your Holiness 
 to give me permission to retire for a few days in holy ex- 
 ercises and in penance for the grave scandals and unlaw- 
 ful acts I have been guilty of. 
 
 " For this favor I will always continue to be a grateful 
 servant and a most faithful child of your Holiness. I 
 call upon Almighty God, and the divine and apostolic 
 authority of your Holiness, to witness the sincerity of the 
 sentiments I have given utterance to. 
 
 " In the confidence of obtaining at the earliest moment 
 from your Holiness' paternal clemency the favor asked 
 for, I prostrate myself with sentiments of distinguished 
 respect, of sincere gratitude and of profound veneration 
 to kiss your sacred foot, and to implore your Apostolic 
 Benediction. Your Holiness, etc." 
 
 THE POPE'S REPLY. 
 
 The Holy Father, after permitting Mgr. Kupelian to 
 kiss his hand and foot, and receiving him with the great- 
 est kindness, addressed him as follows : 
 
 " It is sweet and consoling to a father to embrace, to 
 press to his heart a son he thought to have been lost ; it 
 is a great joy to a shepherd to see his long strayed sheep 
 returning repentant to the fold he had forsaken. 
 
 " It is this joy, this consolation, that fills our heart to- 
 day, on seeing you, beloved and long expected son, 
 
206 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 returning to the pale of the Catholic Church, and remov- 
 ing from among the Armenian Catholics the seeds of a 
 most fatal division. 
 
 " And this holy joy is all the greater and more keenly 
 felt because we have every reason to believe in the sin- 
 cerity and constancy of your conversion. We find evi- 
 dence of it in the courage and firmness with which you 
 have undertaken and carried out so holy a resolution. 
 We see assurances of it in the circumstances and good 
 purposes that accompany it; such as the sincere humility 
 which led you to promptly lay down the episcopal insig- 
 nia, to make a long and fatiguing journey to Rome to 
 make in person and spontaneously a just reparation to 
 the Apostolic See, and which, the better to dispose you 
 to receive the benefits of absolution, has counselled you, 
 first to seek the retirement of holy and spiritual retreat. 
 
 " We find assurance, above all, in the noble sentiments 
 of repentance for past errors and the absolute acceptance 
 of Catholic faith you have just made in our presence. 
 
 " From the very bottom of our heart we thank God 
 most clement, Who, working efficaciously in you by His 
 grace, has vouchsafed to rejoice our Pontificate by so 
 happy an event. We at the same time thank Him for 
 you, who, through His mercy, have the courage to per- 
 form an act so noble and so honorable to your person. 
 Indeed, to humbly acknowledge ones fault, to confess it, to 
 detest it publicly, and to make honorable amends for it, is 
 assuredly, the most difficult of virtues ; and this, according to 
 the infallible judgment of Divine wisdom, instead of humbling 
 and degrading, ennobles and elevates the soul of him who has 
 
SPIRIT OF ROME TOWARDS THE CLERGY. 207 
 
 been able to achieve such a victory. In the face of such a 
 brilliant example, all remembrance of past faults is wiped 
 out, and you, well beloved son, by this act gain imperishable 
 glory before God and man. 
 
 " We, who, although without any merit of our own, 
 represent God here below, remembering the boundless 
 charity of Jesus Christ, Who not only granted pardon to 
 the penitent sinner, but honored him still further by signs 
 of true predilection, cannot withhold from pouring 
 upon you all the clemency of our paternal heart. Still, 
 by the act through which we grant you full and entire 
 pardon, we propose to make of you, of our own 
 spontaneous will, an exception to the general rules of 
 ecclesiastical discipline, by bestowing upon you the titles, 
 the insignia and the honors of episcopal dignity, wrong- 
 fully conferred upon your person by some prelates, de- 
 serters from Catholic unity. 
 
 "Animated by the same spirit of charity and Christian 
 love, we are ready to receive and embrace all those who 
 by a great misfortune live outside of the true Church of 
 Jesus Christ, if they will only return to her with a con- 
 trite heart like yours. 
 
 " Oh, how dear are the Oriental Churches to us ! How 
 much do we admire their ancient splendors! How 
 happy would we be to see them shine out in their pris- 
 tine grandeur ! To this end, in the humility of our 
 heart, we most ardently pray the Prince of Shepherds, 
 that He vouchsafe to cause His divine light to shine 
 upon themindsof so many of Hisstray children inthe East, 
 and inspire them with the noble courage, which, after 
 
208 THE RIGHTS OF THE CLERGY VTXDICATED. 
 
 jour example, would lead them to return once more to 
 the only fold of Christ, and to recognize the sovereign 
 authority of the only Supreme Pastor of the whole 
 Church. 
 
 " In the meantime, as an earnest of our forgiveness and 
 of the special affection with which we have received you 
 within our pale, we bestow upon you from the bottom of 
 our heart, beloved son, and to all Armenian and Orien- 
 tal Catholics, the Apostolic Benediction." 
 
 Benedictio Dei, etc. 
 
CHAPTER XV. 
 
 RECAPITULATION. 
 
 As far as the chief end I had in view in writing these 
 pages is concerned, I might now bring them to a close, as 
 I have attained that end, viz. : to prove that it is unlawful 
 and unjust, and contrary to the spirit and letter of the 
 Canon Law of the Church, to dismiss uncanonically from 
 his diocese any clergyman not contumacious, and thus 
 abandoning him to helplessness and to want, place him in 
 a position in which he is in great danger of losing his 
 own soul, of bringing dishonor on the Priesthood, and of 
 inflicting much injury on religion. Jn proving the un- 
 canonicalness of this proceeding, I have, within a brief 
 space, adduced a superabundance even, of authorities of 
 the greatest weight and importance, from reason itself, 
 justice, charity and humanity, to the voice of the Church 
 made clear and unmistakable through the Decisions of 
 her Sovereign Pontiffs and Sacred Congregations. The 
 dismissing, therefore, uncanonically from his diocese of 
 any clergyman, being wrong and unjust, contrary to the 
 spirit of the Catholic Church, and opposed to her Sacred 
 Canons, it is scarcely possible to imagine how the evil 
 can continue to exist. 
 
 Before I speak of how a clergyman who may have 
 lapsed from the path of rectitude should be treated, which 
 is but the complement of the preceding chapters, it will 
 
210 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 not be out of place to make a brief recapitulation of the . 
 authorities I have cited, and which prove beyond a 
 shadow of doubt, and leave no room for cavil, that it is a 
 grave de-ordination and a monstrous evil, to abandon 
 altogether him upon whose soul is impressed the sacred 
 and august character of the Priesthood of Jesus Christ, 
 though he should have grievously and even repeatedly 
 erred, as long as he is not a rebel to authority. But 
 there would be little danger of repetition of error, if delin- 
 quents were canonically punished, as I shall show here- 
 after. 
 
 In starting out to prove the thesis which I have 
 advocated throughout these pages, I first laid down as a 
 solid foundation the fact that there exists in the Church 
 a wise and comprehensive system of law, intended to 
 promote the welfare of her subjects, and regulate their 
 relations with each other. The Catholic Church has 
 ever abhorred absolute and arbitrary power, within 
 her own realm, and moreover, has consistently and persis- 
 tently opposed it in all Christian rulers. It is owing 
 to her unceasing efforts in the cause of right against might, 
 it is due to her divine principles of Christian charity for 
 the whole human race, and of impartial justice to all men, 
 upon which her wise and salutary laws are founded, and 
 which is their inspiring and animating motive, that we owe 
 the civilization and liberty which have blessed the earth in 
 modern times. Being the stanch friend, and incorruptible 
 advocate, and fearless champion of law and order, we are 
 not surprised to find, that within the ranks of her own 
 officials and ministers, she never countenances absolute. 
 
RECAPITULATION. 211 
 
 much less arbitrary power. Such power she has not 
 entrusted even to her Supreme and Infallible Pontiff, 
 not to speak of her inferior ministers. Tn the Catholic 
 Church all are subject to law : all are governed by law : 
 none are excepted from its sway. 
 
 Having laid down these facts and principles, I then 
 alluded to our anomalous condition of ecclesiastical 
 government, which, no one will deny who is conversant 
 with it, has approached nearer to the absolute or rather 
 to the arbitrary than to any other known form. " Sic volo, 
 sicjubeo, stat pro ratione voluntas," expresses concisely yet 
 truthfully its very nature such as it has been administered 
 so often in the United States. As a missionary country 
 we were necessarily subjected to exceptional legislation, 
 though no exceptional form of ecclesiastical government 
 in any part of the world is lawless, or ever sanctions the 
 exercise of absolute, much less arbitrary power, which is 
 ever and always reprehensible. But no longer can the 
 United States with propriety be considered a missionary 
 country. This is, I think, conceded by all. In conse- 
 quence, we need a fixed and determined ecclesiastical 
 discipline for the government of the Church in these 
 States, especially in all that regards the relations of the 
 clergy with their bishops. 
 
 Among the many evils resulting from our anomalous 
 condition of ecclesiastical government, not the least is 
 that of dismissing clergymen uncanonically from their 
 dioceses, and thus abandoning them as a rule to poverty 
 and want, exposing them to spiritual, temporal and eter- 
 nal ruin, besides bringing opprobrium on the Church. 
 
212 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 The magnitude of this evil and of others that follow in 
 its train I touched upon. They are all briefly summed 
 up by St. Pius V., in these words: " Ut per sseculum 
 vagantes (sacerdotes), vel mendicare, vel sordidum quaes- 
 tum exercere, non sine ipsorum dedecore, et ordinis vili- 
 pendio, et quamplurimorum Christifidelium scandalo." 
 Bulla Rom. Pon., 1568. 
 
 1 then proved that it is unlawful and uncanonical to 
 abandon any clergyman not contumacious, by authorities of 
 such weight and moment, that I do not think there is 
 a bishop or priest in the world, who will, or can deny it. 
 
 1 . No Law of the Church, no Statute or Decree of Council, 
 no Bull, Brief, or Encyclical of Pontiff, no Decision of Rome 
 or of her Sacred Congregations, no Principle of Morals, and, 
 with the exception of Bouvier, from whose theology this 
 should have been expurgated as were so many other 
 inaccuracies and even errors, no teaching of Theologian, 
 Canonist or Sacred Writer can be adduced to justify it. It 
 is a pure, simple, unadulterated act of arbitrary power, and, 
 therefore, most unjustifiable and most reprehefisible. 
 
 2. I showed the magnitude of this evil of helplessly dis- 
 missing from his diocese any clergyman not contumacious, 
 from the untold miseries it inflicts on the individual thus 
 dismissed. Looking at it in this light, humanity alone, 
 apart from any other consideration, condemns it. I ex- 
 posed the magnitude of this evil from the injury it inflicts 
 on the Church and on the Christian Priesthood. For 
 this religion reprobates it. 
 
 3. I cited the authority of the Council of Trent, Sess. 
 xiii., C. I de Refor., which utterly condemns it, and the au- 
 
RECAPITULATION. 213 
 
 thority of the Second Plenary Council of Baltimore, which 
 positively forbids it: " Censent Patres nullum harum 
 Provinciarum sacerdotem a proprio episcopo dimitten- 
 dum, nisi certo conset eum ab alio episcopo recipien- 
 dum." 
 
 4. I proved that Charity and Justice both forbid it. 
 Charity imposes an obligation sub ^raw'upon every bishop 
 of succoring his subject, even at the risk of his life, who 
 is placed in grave spiritual and temporal necessity. A 
 fortiori does Charity forbid a bishop to actually place his 
 subject in grave spiritual and temporal necessity, which 
 he undoubtedly does when he abandons him altogether, 
 and helplessly dismisses him from his diocese. 
 
 "Episcopus tenetur, etiam cum magno suo damno tem- 
 porali, procurare magnam utilitatem spiritualem subditi." 
 Suarez. 
 
 " Si proximus sit in gravi necessitate, sive spirituali, 
 sive temporali, nemo ei perse tenetur succurere cum gravi 
 incommodo, " sed, " teneretur etiam cum periculo vitse, 
 qui ad id obligaretur vel ratione officii, ut animarum pas- 
 tores." Konings, N. 279. 
 
 Now he is in extreme or grave necessity, who " nisi 
 adjuvetur ab alio difficillime effugere valet periculum ani- 
 mas, vel vitae corporis, alteriusve gravis mali." lb., N. 278. 
 That a priest, uncanonically dismissed from his diocese, 
 and abandoned altogether by his bishop, is, as a rule, 
 placed in such grave necessity, both spiritual and tempo- 
 ral, no one I think can or will deny. 
 
 Justice forbids it on several counts, of which it is suffi- 
 cient here to recall two: 1. The violation of Decree N. 
 
214 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 122 of the II. Plenary Council of Baltimore. 2. The disre- 
 garding a priest's right to "congrua sustentatio," which 
 his Title of Ordination gives him. 
 
 5. I clearly proved that the Church abhors that any 
 clergyman in Sacred Orders should be reduced to the 
 condition of a beggar, or be obliged to have recourse to 
 secular employments to make a living. For proof of this 
 
 I needed only to quote her own words : " Cum indecorum 
 omnino sit atque a clericorum qui Sacris Ordinibus con- 
 stituuntur dignitate prorsus alienum, aut mendicatis sub- 
 sides, aut ex sordido quaestu, ea quae ad victum necessaria 
 sunt sibi comparare cogantur." Instr. de Tit. Ord. 
 
 Now, to dismiss a priest uncanonically from his diocese, 
 is to oblige him, as a rule, to disregard this injunction ot 
 the Church; for as the natural law forbids him to commit 
 suicide by starvation, he has no other alternative but to 
 act in opposition to her commands, either by begging, or 
 engaging in some secular pursuit to make a living. 
 
 6. I proved from the Council of Trent, Sess. xxii., C. 
 
 II de Refor., and from the "Instructio" of the S. C. de P. 
 F. de Tit. Ord., that the Title of Ordination gives a strict 
 right to an honest subsistence, and therefore, that a bishop 
 is not justified in fact, sins against justice in disregard- 
 ing this right, by uncanonically dismissing any clergyman 
 from his diocese and abandoning him to public charity. 
 
 7. I then dwelt on the reasons which of themselves 
 were calculated to strengthen the preceding arguments 
 which went to show that the Church has provided, by 
 means of the Title of Ordination, for the honorable sup- 
 port during life of her Ministers in Sacred Orders. 
 
RECAPITULATION. 215 
 
 These reasons are : I. Gratitude and justice on the part of 
 the Church towards her ministers, who voluntarily made 
 such great sacrifices for her sake. 2. Prudence, to cut 
 off from them every danger, temptation, and occasion 
 of avarice. 3. The honor, respect, and veneration the 
 Church has for the priestly character and dignity. 
 
 8. I then demonstrated by unexceptionable and incon- 
 trovertible proofs from authority, that even an erring 
 priest, not contumacious, has a right to receive an honest 
 subsistence, if he has not the means of supporting him- 
 self. All these authorities prove likewise, as a necessary 
 consequence, that a bishop cannot lawfully rob him of 
 this right, or in other words uncanonically dismiss him 
 from his diocese and abandon him to want and poverty. 
 These authorities, which I gave at length, may be summed 
 up as follows : 
 
 The Analecta Juris Pontificii, 9th series, ROME, 
 1867, calls the teaching of those few who, with Bouvier, 
 whom the II. Plenary Council of Baltimore seems to have 
 followed, contend that an unworthy priest has no right 
 to receive the means of subsistence, and consequently, that 
 he may be helplessly dismissed from his diocese, and aban- 
 doned to his own resources, this eminent authority de- 
 nominates SUCh teaching "A SENSELESS AND HORRIBLE 
 PRINCIPLE." 
 
 " The Holy Canons assimilate the denial to a priest of 
 his alimentary pension TO THE PAIN OF DEATH. A parish 
 
 priest SHOULD NOT BE DEPRIVED OF HIS ALIMENTARY 
 PENSION, ALTHOUGH HE BE DEPOSED EVEN FOR GREAT 
 
 crimes. Without doubt he has no right to receive a 
 
216 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 pension from his parish, but his right to an alimen- 
 tary PENSION REMAINS INTACT. THE CHURCH NEVER 
 ABANDONS THE MEMBERS OF THE CLERGY TO MEN- 
 DICANCY." 
 
 A Sacred Congregation, 20 Dec, 1675, decreed a pension 
 in favor of a clergyman convicted of a serious crime: 
 ?' Episcopus procuretassignamentum pro congrua parochi 
 et habito." 
 
 A Decree of July, 17 14, confirming the sentence of 
 deposition against a clergyman, speaks thus : * But they 
 (the most Eminent Cardinals) are unanimously of the 
 opinion, that your lordship is absolutely obliged to furnish 
 the means of subsistence to this priest in want, so that 
 he may be able to live in a manner becoming the priestly 
 character, and that he may not be obliged to beg." 
 
 A Sacred Congregation, A. D. 1717, informs a 
 dignitary of his duty to pay the alimentary pension ol a 
 certain clergyman, " even though his offence deserved no 
 compassion whatever." 
 
 The Analecta Juris Pontificii, same series, speaking 
 of priests ordained without a Title, says: " If the parish 
 priest, deserving to be divested of his Title of Ordination, 
 
 HAS NEVERTHELESS A RIGHT TO HIS SUBSISTENCE, with 
 
 much more reason has the clergyman whom the bishop 
 ordains without a Title: All canonists agree that the bishop 
 contracts for himself and his successors in office, the obligation 
 of providing for such a clergyman from the revenues of tlie 
 bishopric, The obligation of furnishing the means of sub- 
 sistence is STRICTER WHEN THERE IS QUESTION OF SUS- 
 PENSION ex informata conscientia." Have not all the 
 
RECAPITULATION. 217 
 
 suspensions heretofore in the United States been ex infor- 
 mata conscientia ? 
 
 The Council of Bordeaux, held A. D. 1624, has the 
 following Decree : 
 
 " Regulares promoti ad ordines, si quando ab hujus- 
 modisuperioribus procriminisexigentia puniri conveniat, 
 et urgeat necessitas, non possunt tamen habitu religionis 
 privari, ita ut extra monasteria in contemptum ecclesias 
 dejiciantur mendicaturi, sed intra eorundem monasteri- 
 orum septa, detineri, puniri et sustentari, et ad illud 
 prasdicti superiores per Ordinarios compellantur." 
 
 Sixtus V. made the following regulation with regard 
 to Jesuits expelled from their Order: 
 
 " Quoad Jesuitas, cum post sacerdotium exire non 
 possint, nisi a superioribus dejiciantur, provideatur illis 
 de reditu quadraginta aureorum nummorum ex bonis 
 religionis." Pyrrh. Corrad. /. 4. de Disp. Apos., c. 7., n. 37 
 and 38. 
 
 The following provision was made in favor of a clergy- 
 man who had committed a most grievous crime, for which 
 he was punished and banished : " Beatissimus Pater (Pius 
 VI.)... secum animo pervolutans, quid fieri oporteret... 
 Michaslem Philippum (sacerdotem), ab exercitio muneris 
 parochialis perpetuo arcendum esse voluit, neque aliter 
 dispensandum quam ut pro nunc extra dicecesim sacrum 
 
 peragere illi permittatur. Verum cum rigore jus- 
 
 titiae temperandam esse pietatem ratus, illius egestati 
 satis consulere existimavit, si ex parochiae fructibus, 
 sexaginta ducati argentei, eidem in singulos annos re- 
 pendantur." Romae i8Kal.,Jan., 1776. 
 
218 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 In the Thesaurus Resol., torn. 69, p. 79, is related a case 
 where a Sacred Congregation decided in favor of a 
 priest who had been suspended a divinis et ab officio, that 
 he should receive the means of subsistence : " Ex rediti- 
 bus parceciae sin minus prout de jure." 
 
 The Sacred Congregation of the Council, 12 Aug., 
 1865, settled as follows the case of a clergyman who had 
 erred very grievously : " Peractis per decern dies spirit- 
 ualibus exercitiis in aliqua domo religiosa ab episcopo 
 designanda, esse locum absolutionis a censuris et dispen- 
 sationis ab irregularitate," and that he might not suffer 
 want the same Sacred Congregation likewise decreed a 
 pension in his favor: " Assignata favore sacerdotis, donee 
 aliter de beneficio ecclesiastico provideatur, pensione 
 libellorum 400." 
 
 St. Liguori, Suarez, Billuart and others teach, that an 
 erring priest, not contumacious, and unable to support 
 himself, has a right to receive the means of subsistence. 
 " An suspensus a beneficio, si sit pauper, possit fructus 
 sibi retinere? Resp. Affirmative. Ita Suarez et alii." St. 
 Liguori. 
 
 " Suspensus totaliter a beneficio non potest gerere ejus 
 administrationem, nee percipere ullos fructus, sive quo- 
 tidianos, sive principales, nisi in quantum sint necessaria 
 ad victum." Billuart. 
 
 " Si clericus totaliter suspendatur a beneficio, . . . . et 
 aliunde non habeat unde se sustineat, et suspendatur ad 
 annum, aut aliud tempus definitum, tunc ei debet suffi- 
 ciens assignari sustentatio." Daelman. 
 
 "Juxta multos, suspensus, saltern in pcenam delicti 
 
RECAPITULATION. 219 
 
 commissi, et non ob contumaciam, potest sibi de fructibus 
 retinere ad vivendum, si pauper sit." Vernier. 
 
 The Holy and CEcumenical Council of Chalcedon, 
 held A. D. 451, made provision for several bishops who 
 tor crime had been deposed Irom their Sees. See Con. 
 Chal., />ar. 2, act 10 in fin., and act 14. 
 
 The following words of the immortal St. Gregrorv the 
 Great bear directly on the point of helplessly dismissing 
 a priest from his diocese and abandoning him to poverty 
 and want : " Postquam in Agathonem quondam episco- 
 pum, juxta qualitatem excessuum districtione canonica 
 est vindicatum ; necesse est, humanitatis intuitu, quemad- 
 modum sustentari possit disponere. Propterea, paterni- 
 tas tua ad Liparitanam Ecclesiam, in qua supradictus 
 Agatho sacerdotis gessit officium, festinet dirigere, eique 
 ad praesens exinde quinquaginta solidos, qui in ejus pos- 
 sint proficere victum transmittas ; NAM NIMIS EST impium, 
 
 SI ALIMENTORUM NECESSITATI POST VINDICTUM SUB- 
 JACEAT." 
 
 Rome, in our own day, most earnestly recommended 
 all the prelates of the United States to protect and make 
 some provision for the sustenance of priests " qui sunt 
 vel fuerunt indigni," as can be seen from the explicit an- 
 swer of the Sacred Congregation of the Propaganda to 
 the merciful Postulatum of the sainted and much lamented 
 bishop of Ft. Wayne, Rt. Rev. J. H. Luers, D. D.: " Placuit 
 ipsis (EE. PP. Cardinalibus), ut per hanc Epistolam 
 Institutio pro sacerdotibus pauperibus sustentan- 
 dis amplitudini tu^e cxeterisque Episcopis commen- 
 daretur." 
 
220 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 Finally, I adduced the example of our Most Holy and 
 venerated Father Leo XI II., who has proved himself in 
 the eyes of all nations to be the Good Pastor. How be- 
 nign, compassionate, and merciful was not his con- 
 duct towards the penitent Mgr. Kupelian, a schismatic 
 Patriarch of the East ! He had scandalized a nation, I 
 might even say the whole Catholic world. He had erred 
 most grievously. And yet when he came, an humble 
 penitent, to the feet of the Holy Father, did he refuse to 
 see him ? Did he close his doors against him ? Did he 
 reproach him with bitterness for his unworthy conduct 
 and send him forth to expiate it as an outcast and a 
 wanderer on the face of the earth ? Ah, no. No true 
 bishop, no true pastor, no father would treat a penitent 
 child thus, and our revered and beloved Holy Father, 
 Leo XIII., is all these. He receives with open arms the 
 penitent bishop, he treats him with all the heartfelt de- 
 monstrations of joy, with all the clemency, paternal 
 affection and spirit of forgiveness of his prototype ot 
 the Gospel, the father of the Prodigal, and sends him 
 back to his country with his Apostolic blessing, to edify 
 in the future by his exemplary life those whom, in the 
 past, he had scandalized by his bad conduct. 
 
 No more beautiful or illustrious example than this have 
 I recorded in these pages, of the spirit and practice ol 
 Rome, and of the Catholic Church. In the face of it, 
 how any bishop can spurn from his feet his poor, penitent 
 priest, mercilessly close his doors against him, and aban- 
 don him to helpless misery, to poverty and want, to 
 insult, humiliation and infamy, to spiritual, temporal and 
 
RECAPITULATION. 221 
 
 as much as in him lies to eternal ruin, is something which 
 I cannot understand. And yet this has been done, times 
 without number, in these United States. It is in sad 
 contrast with the spirit and practice of Rome, which I 
 have illustrated by many authentic examples, of which 
 that of the now venerated Head of the Church, Leo XIII. , 
 is not the least striking. 
 
 Having proved that no clergyman can be uncanonically 
 dismissed from his diocese and abandoned by his bishop, 
 I will now proceed to show how he ought be treated. 
 The general and common law of the Church is, that 
 every clergyman accused of any fault must be canon- 
 ically tried and canonically punished if found guilty. 
 Naturally, therefore, the next chapters, as the comple- 
 ment of the preceding, will treat of Canonical Procedure. 
 
CHAPTER XVI. 
 
 DOCUMENTS PERTAINING TO CANONICAL TRIALS. 
 
 The general and common law of the Church rigorously 
 requires that a clergyman accused of any crime be canoni- 
 cally tried by a canonically constituted ecclesiastical 
 court. 
 
 The decree of Innocent III., to which the Fathers of 
 the Council of Trent refer in Sess. xxiv., C. 5 de Re/or., 
 which they there formally and explicitly sanction, and 
 the observance of which they enjoined upon all, is found 
 in Lib. 5. Decret. tit. 1. de accus. et denunt., C. 24, and is as 
 follows: 
 
 " Qualiter et quando debeat prselatus procedere ad 
 inquirendum et puniendum subditorum excessus, ex 
 auctoritate novi et veteris testamenti colligitur evidenter, 
 ex quibus postea processerunt canonicse sanctiones, sicut 
 olim aperte distinximus, et nunc sacri approbatione 
 Concilii confirmamus. Legitur enim in Evangelio, quod 
 villicus ille, qui diffamatus erat apud dominum suum 
 quasi dissipasset bona ipsius, audivit ab illo : Quid hoc 
 audio de te? Redde rationem villicationis tuas ; jam 
 enim non poteris villicare. Et in Genesi Dominus ait: 
 Descendam, et videbo, utrum clamorem, qui venit ad me 
 opere compleverint. Ex quibus auctoritatibus manifeste 
 comprobatur, quod non solum cum subditus, verum etiam 
 cum prselatus excedit, si per clamorem et famam ad aures 
 
DOCUMENTS ON CANONICAL TRIALS. 223 
 
 superioris pervenerit, non quidem a malevolis et malcdicis, 
 sed a provfdis et honestis ; ncc semel tantum, sed scepe 
 (quod clamor innuit, et diffamatio manifestat), debet 
 coram Ecclesiae senioribus veritatem diligentius perscru- 
 tari: ut, si rei poposcerit qualitas, canonica districtio 
 culpam feriat delinquentis, non tanquam sit auctor et 
 judex, sed quasi deferente fama, vel denuntiante clamore, 
 officii sui debitum exequatur. Licet autem hoc sit 
 observandum in subditis, diligentius tamen observandum 
 est in praslatis, qui quasi signum sint positi ad sagittam. 
 Et quia non possunt omnibus complacere, cum ex officio 
 teneantur non solum arguere sed etiam increpare ; quin 
 etiam interdum suspendere, nonnunquam vero ligare, 
 frequenter odium multorum incurrunt, et insidias pati- 
 untur: ideo sancti patres provide statuerunt, ut accusatio 
 prgelatorum non facile admittatur, ne concussiscolumnis, 
 corruat aedificium ; nisi diligens adhibeatur cautela, per 
 quam non solum falsae, sed etiam malignas criminationi 
 januaprascludatur. Verum ita voluerunt providere pree- 
 latis, ne criminarentur injuste, ut tamen caverent, ne delin- 
 querent insolenter, contra morbum utrumque invenientes 
 congruam medicinam ; videlicet, ut criminalis accusatio, 
 quae ad diminutionem capitis (id est, degradationem) inten- 
 ditur,nisilegitimapraecedat inscriptio, nullatenus admitta- 
 tur. Sed cum super excessibussuisquisquam merit infama- 
 tus, ita ut jam clamor ascendat, qui diutius sine scandalo 
 dissimulari non possit, vel sine periculo tolerari, absque du- 
 bitationis scrupulo, ad inquirendum et puniendum ejusexcessus, 
 non ex odiifomite, sed char it at is proccdatur affectu, quatenus 
 si fuerit gravis excessus, etsi non dcgradetur ab ordinc, ab 
 
224 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 administratione tamen amoveatur omnino: quod est 
 secundum Evangelicam sententiam, a villicatione villicum 
 amoveri, qui non potest villicationis suae dignam reddere 
 rationem. Debet igitur esse pr^sens is contra 
 
 QUEM FACIENDA EST INQUISITIO, NISI SE PER CONTUMA- 
 CIAM ABSENTAVERIT : ET EXPONENDA SUNT EI ILLA 
 CAPITA, DEQUIBUSFUERIT INQUIRENDUM, UTFACULTATEM 
 HABEAT DEFENDENDI SE IPSUM. ET NON SOLUM DICTA, 
 SED NOMINA IPSA TESTIUM SUNT EI, UT QUID, ET A QUO 
 SIT DICTUM APPAREAT, PUBLICANDA : NEC NON EXCEP- 
 TIONES ET REPLICATIONES LEGITIME ADMITTEND^E, NE 
 PER SUPPRESSIONEM NOMINUM, INFAMANDI, PER EXCEP- 
 TIONUM VERO EXCLUSIONEM DEPONENDI FALSUM, 
 
 audacia pr^ebeatur. Ad corrigcndos itaque subditorum 
 excessus, tanto diligentius debet praelatus assurgere, 
 quanto damnabilius eorum offensas deserere incorrectas: 
 contra quos, ut de nostris excessibus taceatur, etsi tribus 
 modis possit procedi, per accusationem videlicet, 
 denunciationem et inquisitionem eorum, ut tamen in 
 omnibus diligens adhibeatur cautela, ne forte per leve 
 compendium ad grave dispendium veniatur ; sicut accusa- 
 tionem LEGITIMA PR.ECEDERE DEBET INSCRIPTIO, SIC ET 
 DENUNCIATIONEM CHARITATIVA ADMONITIO, ET IN- 
 QUISITIONEM CLAMOSA INSINUATIO PRyEVENIRE: ILLO 
 SEMPER ADHIBITO MODERAMINE, UT JUXTA FORMAM 
 JUDICII, SENTENTI.E QUOQUE FORMA DICTETUR. Hunc 
 
 tamen ordinem circa regulares personas non credimus 
 
 usquequaque servandum, quae, cum causa requirit, facilius 
 
 et liberius a suis possunt administrationibus amoveri." 
 
 I thought it proper to give the above Decree of Inno- 
 
DOCUMENTS ON CANONICAL TRIALS. 225 
 
 cent III. in full, because it is not only a venerable Docu- 
 ment in itself, full of information and instruction on the 
 manner of conducting canonical investigations, but also, 
 because it shows the spirit of impartial justice that ani- 
 mates the mind and heart of the Church, and because, 
 moreover, it is the model and foundation of all canonical 
 procedure. 
 
 The Council of Trent positively and explicitly confirm- 
 ed the above Decree of Innocent III. See Sess. xxiv., 
 C. 5 de Refor. Having in the chapter just indicated, 
 made a special enactment for the trial of " causae crimi- 
 nales graviores contra episcopos," they take occasion of 
 this exceptional legislation to promulgate anew the Con- 
 stitution of Innocent III. above given : " Constitutio sub 
 Innocentio III. in Concilio Generali, quae incipit Qualiter 
 et quando, quam sancta synodus in praesenti innovat, AB 
 
 OMNIBUS OBSERVETUR." 
 
 The Council of Trent, besides approving and promul- 
 gating anew the Decree Qualiter et quando of Innocent III., 
 enacted the following, which will also throw light upon 
 ecclesiastical trials, and show their importance and the 
 spirit with which they should be conducted : 
 
 " Quoniam, ob malitiosam petentium suggestionem, et 
 quandoque ob locorum longinquitatem, personarum noti- 
 tia, quibus causae mandantur, usque adeo haberi non po- 
 test ; hincque interdum judicibus non undequaque idon- 
 eis, causae in partibus delegantur: statuit sancta synodus, 
 in singulis consiliis provincialibus, aut dicecesanis, aliquot 
 personas, quae qualitates habeant, juxta Constitutionem 
 Bonifacii VIII., quae incipit Statutum, et alioquin ad id 
 
226 THE RIGHTS OF THE CLEKGY VINDICATED. 
 
 aptas designari, ut, praeter ordinarios locorum, iis etiam 
 posthac causae ecclesiasticae, ac spirituales, et ad Forum 
 Ecclesiasticura pertinentes, in partibus delegandae com- 
 mittantur. Et, si aliquem interim ex designatis mori con- 
 tigerit, substituat ordinarius loci cum consilio capituli 
 alium in ejus locum usque ad futuram provincialem, aut 
 dicecesanam synodum : ita ut habeat quaeque dicecesis 
 quatuor saltern, aut etiam plures probatas personas, ac ut 
 supra qualificatas, quibus hujusmodi causae a quolibet le- 
 gato, vel nuntio, atque etiam a Sede Apostolica commit- 
 tantur ; alioquin post designationem factam, quam statim 
 episcopiad Summum Romanum Pontificem transmittant, 
 delegationes quaecumque aliorum judicum, aliis, quam his 
 factae, subreptitiae censeantur. Admonet dehinc sancta 
 synodus tam ordinarios, quam alios quoscumque judices, 
 ut terminandis causis, quanta poterit brevitate, studeant ; 
 et litigatorum artibus, seu in litis contestatione, seu alia 
 parte judicii differenda, modis omnibus, aut termini prae- 
 fixione aut competenti alia rations occurrant." Sess. xxv., 
 C. 10 de Re for. 
 
 As intimated in the above decree of the Council of Trent, 
 the Constitution of Boniface VIII. Statutum gives the 
 qualification required in the " Judices Causarum." This 
 Constitution is found in Sexto Decret., lib. I, lit. 3 de 
 Rescript c. xi., and is as follows : 
 
 "Statutum, quod circa judices a Sede Apostolica de- 
 putandos nuper edidimus, cum quaedam contenta in eo, 
 quae pro communi utilitate credebantur inducta (sicut ex- 
 perientia docuit) tendere dignoscantur ad noxam, sanc- 
 tione praesenti, quam irrefragabiliterobservari mandamus, 
 
DOCUMENTS ON CANONICAL TRIALS. 227 
 
 suadente utilitate, in melius duxiraus reformandam. San- 
 cimus igitur, ut nullis nisi dignitate praeditis, aut person- 
 atum obtinentibus, seu ecclesiarum cathedralium canon- 
 icis, causae auctoritate litterarum Sedis Apostolicse, vel 
 Legatorum ejus, de cetero committantur ; nee audiantur 
 alibi quam in -civitatibus, vel locis insignibus, ubi possit 
 commode copia peritorum haberi." 
 
 To come down now to the present time, Gregory XVI., 
 June 23, 1832, prescribed a form of trial for clergymen, 
 and for other canonical causes, to be observed in all the 
 dioceses of the Pontifical States, which is still in force. 
 This form is perhaps the most perfect that has ever been 
 devised. 
 
 The ecclesiastical court instituted by this great Pontiff, 
 Gregory XV I., is composed of five judges ; or if it be im- 
 possible or impracticable to have this number, of three 
 only. One of the judges is always the bishop, or his vicar- 
 general, who, however, has but one vote. The other four, 
 or two, as the case may be, are chosen not permanently, but 
 for each case by the bishop, who is thus enabled to select 
 judges unobjectionable to the accused. This is a most 
 commendable feature, for an enemy for example of the 
 one who is to be tried, would not, in his case, be a suitable 
 persdn to sit in judgment over him. A sufficient sign of 
 hostility to disqualify one from sitting as judge in a trial 
 would be, "si signum benevolentiae. ipsi (accusato) den- 
 eget, quod aliis ejusdem conditionis et status hominibus 
 exhibere solet." This fact shows the extreme solicitude of 
 the Church, that no obstacle should be permitted to the 
 rendering by her tribunals of justice, of a fair, just and 
 
228 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 impartial sentence. There are many other reasons which 
 might justify the accused in excepting to one or more of his 
 judges, as is evident, the chief of which I will give further 
 on. In this, therefore, that in the ecclesiastical tribunal 
 erected by Gregory XVI. the accused can have judges 
 whom he feels will be just to him, does its perfection con- 
 sist. In every ecclesiastical court, however, the accused 
 has the right of objecting to any of his judges, if he can 
 bring sufficient evidence to prove that he has good rea- 
 sons for believing that one or more of them is unduly 
 prejudiced against him. 
 
 In the Tribunal established by Gregory XVI., the 
 majority always decides. The bishop or vicar-general 
 presiding, has but one vote like the rest. All sentences 
 against clergymen without this form of judicature are 
 null and void. 
 
 Finally, the II. Plenary Council of Baltimore framed, 
 or rather adopted and promulgated the following Decree 
 on ecclesiastical trials. It is found marked JJ in the 
 Acta et Decreta : 
 
 " Demum, ex eorundem Consultorum numero, si epis- 
 copo videatur, selegantur Judices Causarum, qui sacer- 
 dotes criminis postulatos in prima instantia, ex episcopi 
 delegatione, judicent ; juxta normam quas in Concilio 
 Provinciali Sancti Ludovici, anno 1855 habito, a Sancta 
 Sede recognitum, praescribebatur, quamque legis esse 
 communis statuunt hujus Plenarii Concilii Patres. 
 
 " Sacerdotes quibus per Ordinarii sententiam sacerdotii 
 exercitium interdictum fuerit, nullum jus habent ad sus- 
 tentationem ab eo petendam, cum ipsi se sua culpa 
 
DOCUMENTS ON CANONICAL TRIALS. 229 
 
 missionibus operam navandi incapaces reddiderint." 
 This last appendage (if it means that a suspended priest, 
 not contumacious, has no right to an honest subsistence 
 from his diocese, or to the " congrua sustentatio " given 
 to him by the Title of his Ordination, and that, conse- 
 quently, he may be abandoned to poverty and want and 
 helpless misery) is untenable, as I have proved by the 
 most eminent and unassailable authorities. 
 
 Decree N. 77 of the II. Plenary Council of Baltimore 
 then continues: 
 
 " Ut autem, omnis causa querelarum tollatur, censent 
 Patres omnino expedire, ut Ordinarii, in causis criminali- 
 bus clericorum aut presbyterorum, servent certi judicii 
 formam, quae ad illam a Concilio Tridentino praescriptam 
 quam proxime accedat; scilicet, ut Episcopus, seu ejus 
 Vicarius Generalis, de ipsius Commissione, duos ejusdem 
 episcopi Consultores, nee semper eosdem eligat, qui ei 
 presbyterum criminis postulatum judicaturo, coram 
 Notario tamen ipsius episcopi assistant. Unum autem 
 sit utriusque votum, possitque alter episcopo accedere. 
 Quod si ambo ab Episcopo, seu ejus Vicario, discordes 
 fuerint, tertium tunc ex prsedictis suis Consultoribus ipse 
 eligat, et juxta earn partem, cum qua tertius convenit, 
 causa terminetur. Si autem contigerit omnes Consul- 
 tores, ab Ordinario electos, ab ejus sententia discedere, 
 tunc ad Metropolitanum causa referri debet, qui senten- 
 tiarum motiva expendet, et judicium feret. Quando 
 autem qusestio erit de subdito Metropolitani criminis pos- 
 tulate, et omnes Assessores Metropolitani ab ejus senten- 
 tia dissenserint, tunc appellatio fiat ad seniorem episcopum 
 
CHAPTER XVII. 
 
 COMPENDIUM OF IMPORTANT PRINCIPLES AND DECISIONS 
 
 OF SACRED CONGREGATIONS CONCERNING 
 
 CANONICAL TRIALS. 
 
 The following compendium I compile from a treatise 
 on diocesan officialties, found in the Analecta Juris 
 Pontificii, 13th series, 1874. I select only those decisions 
 which I judge to be of more importance, or which may 
 be even of practical utility in determining questions that 
 may arise in judicial, or quasi-judicial investigations. At 
 least, they will be of great interest to my clerical readers. 
 
 Moreover, these decisions and principles will be of 
 service in aiding many of the clergy who have not had 
 the time or the opportunity of studying much Canon 
 Law, to understand the various criminal processes, of 
 which I will presently speak. They will also throw light on 
 the proper understanding of the late " Instructio" 
 Quamvis of the Sacred Congregation of the Propaganda, 
 regarding the method now to be pursued in the United 
 States, " in definiendis causis criminalibus et disciplinari- 
 bus clericorum." 
 
 TITLE I. Ecclesiastical Judicature. The author 
 indicates the proofs of the Judiciary power of the Church, 
 as found in Holy Writ, Tradition, History, etc. 
 
 TITLE II. Ecclesiastical Offences. "The offences 
 an ecclesiastic may commit are either purely ecclesiastical, 
 or purely civil, or mixed. 
 
232 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 " The purely ecclesiastical offences are: i. Occult or 
 public heresy. 2. Schism. 3. Apostasy. 4. Simony. 5. 
 Blasphemy. 6. Personal or Local Sacrilege. 
 
 "The purely civil offences are : 1. Homicide. 2. Arson. 
 3. Theft. 4. Perjury. 5. The Forging or Falsifying of 
 Pontifical Letters. 6. Libel and Slander. 7. Conspiracy, 
 Sedition, or Rebellion against the temporal power. 
 
 " The mixed offences are those injurious to religion or 
 the social order, as adultery, etc. 
 
 " Clergymen are under the jurisdiction of their 
 diocesan officials for all offences they may commit, even 
 for those purely civil." 
 
 TITLE III. Canonical Penalties. "Ordinaries have 
 the power to proceed extrajudicially, when there is 
 question of inflicting a paternal punishment only, or a 
 light correctional penalty. A canonical trial is rigorously 
 required for grave corrections, and for any public 
 spiritual penalty. This principle of canonical legislation 
 is absolute. Suspension ex informata conscientia does not 
 derogate from it, and is no exception to it. 
 
 " Ecclesiastical penalties must be communicated by 
 writing. Suspension, interdict and excommunication 
 cannot be inflicted by word of mouth. Decision 5 Sept., 
 1803. 
 
 " A clergyman cannot be condemned to a disgraceful 
 penalty (such as being committed to the ergastulum, or 
 confined in a place of penance) without a canonical trial, 
 in which he was legally convicted of his misdeeds. 
 Decision 7 July, 1823. 
 
 "An extra-judicial information cannot form a legal 
 
COMPENDIUM OF PRINCIPLES AND DECISIONS. 233 
 
 basis for the deposition of a parish priest. Decision 20 
 June, 1831. 
 
 " A regular canonical trial is required for the deposition 
 of an immovable parish priest. Decision 9 May, 1834. 
 
 " It is not permitted to inflict an indeterminate and 
 indefinite suspension without a canonical trial, for such 
 suspension would have the same effect as deposition and 
 degradation. Decision 3 Feb., 1852. 
 
 " The procedure ex informata conscientia cannot be 
 employed to inflict a public suspension for crimes that 
 are not occult. In such cases, it is necessary to have 
 recourse to a canonical trial. Decision Mar., 1858. 
 
 " A clergyman who has resided several years in 
 another (not his own) diocese, cannot be dismissed from 
 that diocese without a canonical trial. Decision Mar., 
 1846." 
 
 TITLE IV. Essential Rules for Trials. " The Natural 
 Law itself prescribes all the essential formalities of trials. 
 These fundamental rules are: that the judge admits the 
 complaint or accusations and hears the defence ; that he 
 grants the necessary time for a thorough investigation of 
 the accusation, and for the examination of all the evidence 
 in favor of, or against the accused, who should be granted 
 every opportunity of defence ; that, finally, he deliber- 
 ates on the case and pronounces sentence. 
 
 " The other formalities of a trial are of positive law. 
 
 " The essential formalities of Summary Trials (Processus 
 Summarius), according to the Clementine " Dispen- 
 diosam," are : 1. The citation and examination of the 
 accused. 2. The copy of the complaint, or petition ot 
 
234 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the public prosecutor in the trial. 3. The examination of 
 the parties to the trial, and of their witnesses as far as 
 equity requires. 4. The appointing a time to hear the 
 proofs of the prosecution sustaining the charge, and those 
 of the defence, rebutting it. 5. The citation 'ad sen- 
 tentiam.' 
 
 " The other formalities in the judicial order for Sum- 
 mary Trials may be employed, if the parties do not object, 
 but they are not rigorously required." 
 
 I may add here that whatever is said in the following 
 Principles and Decisions on Appeals (Appellationes) and 
 Exceptions (Recusationes), according to Canon Law, is 
 applicable to the Summary Trial. 
 
 TITLE V. Juridical Precepts. " When there is ques- 
 tion of crimes against morality, such as seduction, 
 adultery and other sins, in which those who were wronged 
 lodge a formal complaint, the Ordinary must proceed 
 immediately to an investigation. 
 
 " In ordinary cases the discipline of the Church re- 
 quires that a precept or admonition should precede a 
 canonical trial. 
 
 "The precept is either paternal or juridical. The 
 paternal precept is kept secret. It is given directly by 
 the bishop, who can require the delinquent to sign it, so 
 that he cannot afterwards deny having received this 
 correction. The juridical precept is preceded by several 
 warnings which require at least extra-judicial information. 
 Thus, there is the precept debene vivendo; de non conver- 
 sando cum quibusdam, etc. 
 
 '* These precepts are sanctioned by penalties incurred 
 
COMPENDIUM OF PRINCIPLES AND DECISIONS. 235 
 
 by the simple fact of their violation. To declare and ap- 
 ply these penalties in foro externo, a juridical information, 
 citation and defence are requisite. 
 
 " He whom the juridical precepts do not induce to 
 enter into himself to the amending of his life, is inexcus- 
 able, and deserves to experience the severity of the 
 law." 
 
 TITLE VI. The Public Prosecutor." He who prose- 
 cutes the offence is named in Canon Law ' Promoter 
 Fiscalis,' or Public Prosecutor. 
 
 " The clerk or chancellor cannot discharge the func- 
 tions of the public prosecutor. Decision Apr., 1827." 
 
 TITLE VII. Summoners. "Ordinaries have the power 
 to appoint Summoners for the service of their ecclesiastical 
 courts. Citations are forwarded and sentences are noti- 
 fied through them." 
 
 TITLE VIII. Examining Judge. "The Council ol 
 Trent reserves criminal causes to the bishops themselves. 
 The vicar-general, therefore, must receive special facul- 
 ties from his bishop to institute a criminal information. 
 This power is generally given with the official document 
 constituting him vicar-general. 
 
 "A layman cannot hold the office of examining judge, for 
 Canon Law does not concede jurisdiction to a layman over 
 clergymen, not even should he have been delegated by the bishop. 
 Decision 30 June, 1832. 
 
 " Except for spiritual causes, and criminal matters 
 against clergymen, bishops may make use of the services 
 of lay magistrates. Decision 24 Nov., 1832. 
 
 " The examining judge cannot claim indemnity for 
 
236 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 travelling expenses, or a change of venue. Decision June, 
 1701." 
 
 TITLE IX. The Clerk. " Ordinaries have the power 
 of appointing Clerks or Chancellors for their courts. 
 The accused is allowed to take exception to the chancel- 
 lor, if he fears the latter will be unjust to him. If there 
 is any evidence or presumption that such is the case, the 
 Ordinary must appoint another clerk to write the remain- 
 ing acts of the information. Decision 2 Aug., 1804." 
 
 TITLE X. Detention of the Accused before Trial. " Asa 
 rule the accused retires to a religious house whilst subject 
 to the examination of the official charged with this duty. 
 If he leaves the religious house and does not put in an 
 appearance, the trial is nevertheless continued to the 
 sentence exclusively. Decision 13 Apr., 18 18. 
 
 " After the lapse often years, he who has been con- 
 demned for non-appearance, will be no longer permitted 
 to purge himself of contumacy except through a dis- 
 pensation from Rome. Decision May, 17 15. 
 
 " They who are cited and do not appear before the judge, 
 are deprived of their subsistence, or alimentary pension. 
 This pension, however, is restored to them with all 
 arrears, as soon as they put in an appearance and are 
 willing to lay aside their contumacious spirit. Decision 
 29 May, 1761." 
 
 TITLE XLThe Citation. " The citation of the 
 accused to appear, is an essential formality of a canoni- 
 cal trial. If omitted, the proceedings are entirely null 
 and void. Decision 22 Sept., 1741. 
 
 " The citation of the accused is an essential part of the 
 
COMPENDIUM OF PRINCIPLES AND DECISIONS. 237 
 
 procedure, even when the sentence is declaratory only, 
 which is the case when there is question of censures, or 
 penalties incurred ipso facto. Then, the guilty party 
 must be summoned ad dicendam causam, etc. He must 
 appear to show any cause which might prevent the de- 
 claration inforo extemo, of the censures incurred ipso facto . 
 Decision 22 Sept., 1741. 
 
 " The acts of the judicial proceedings, the substance of 
 the offence (corpus delicti), the examinations, etc., must 
 be written in the language of the country where the 
 trial is held. Pius VII., Bulla Post diutumas, A. D. 1800." 
 
 TITLE XII. Examination of the Accused. "The 
 reader may here recall what was said under TITLE X., 
 of the retirement of the accused to a religious house, 
 and the consequences of his leaving the same and not 
 putting in an appearance. 
 
 " The examination of the accused is made by the official 
 who is legally charged with it (Juge d* Instruction, or 
 Judge of Information, or Examining Judge), assisted by 
 the clerk or chancellor. 
 
 " It is peremptorily forbidden to administer an oath to 
 the accused when under examination in his own case. 
 The oath under such circumstances was abolished in 1725 
 by a Decree of the Roman Council. The judge must 
 confine himself to a serious admonition to the accused, to 
 tell the truth in the matters upon which he may be inter- 
 rogated. Notification, 24 Apr., 1728. 
 
 " An oath, however, may be administered to the accus- 
 ed, when he is called upon as a witness against others. 
 Notification, 24 Apr., 1728. 
 
238 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 " Every examination in which the accused was oblig- 
 ed to take an oath, when testifying in his own case, is, 
 ipso jure, null and void; and the judgment rendered on 
 such evidence is equally null and void." 
 
 The following are the words of Benedict XITI., as 
 found in Tit. 13, c. 2 of a Roman Provincial Council, 
 held A. D. 1725: " Nee juramentum hujusmodi (nempe 
 de veritate dicenda) nullatenus a reis iisdem (nisi tamen 
 ut testes quoad alios examinentur) in futurum per quos- 
 cumque judices et ministros, sub quovis pretextu, causa 
 et quaesito colore, volumus exigatur ; alias examen sive 
 constitutum, ac acta omnia nulla sint eo ipso et irrita, 
 omnique caveant contra reos effectu." 
 
 I have heard of bishops administering an oath to 
 clergymen accused of crime, which is evidently forbidden 
 by the above Decree ; but does it not likewise forbid 
 clergymen from administering an oath to any of their 
 parishioners, or placing them upon their knees before the 
 Blessed Sacrament, or the Crucifix, and conjuring them 
 to tell the truth, an act which I consider a very solemn 
 oath? 
 
 Although the above enactment of Benedict XIII. was 
 made through a Provincial Council, yet it is so well ground- 
 ed on reason, propriety and justice, and so unanimously 
 observed in practice, that it has become a part of the jus 
 commune, and is regarded as common law by all recent 
 canonists. 
 
 " The accused who does not answer the questions of 
 the examining judge, exposes himself to have his silence 
 regarded as an admission of guilt. Decision 6 Sept., 171 3. 
 
COMPENDIUM OF PBINCIPLE8 AND DECISIONS. 239 
 
 " A criminal trial must be terminated within two years. 
 If it is not, the accused is then considered re-instated, 
 provided the delay is not imputable to him." 
 
 TITLE XIII. Witnesses." No one should prevent 
 witnesses from making their depositions before the 
 ecclesiastical judge. The Decretals allow even censures 
 to be employed against such as hinder them from appear- 
 ing. 
 
 " In default of clergymen, lay persons may be wit- 
 nesses in the criminal causes of ecclesiastics. Decret. 
 Venerabilis ad tit. de testibus. 
 
 ** Each and every witness must sign his deposition 
 Another must sign for those who cannot write. Decision 
 20 July, 1815." 
 
 TITLE XIV. Confrontation of the Accused and the Wit- 
 nesses. " In capital causes an ecclesiastical tribunal has the 
 power to grant the personal confrontation of the accused 
 and the witnesses. Constitutio Post diuturnas. 
 
 "In ordinary trials which do not involve the pain of 
 death, the personal confrontation of the accused and the 
 witnesses is not admitted in ecclesiastical tribunals. The 
 depositions are communicated to the accused, so that he 
 may reply to them. They must be read conformably to 
 the text, and indicate the name of each witness. This is 
 called verbal confrontation, or legitimation of the pro- 
 ceedings. 
 
 "This legitimation of the trial is so essential that, 
 without it, the entire proceedings, and the judgment, or 
 sentence based thereon, are entirely null and void, so 
 
24:0 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 that all has to be begun ex integro. Decision 17 Dec., 
 1852. 
 
 " The right of lawful defence would be violated, if the 
 accused were left in ignorance of the names of the wit- 
 nesses who deposed against him, and had not the means 
 or the opportunity of taking exception to them, or to 
 their assertions." 
 
 TITLE XV. Making Known the Result of the Examin- 
 ation. " The examination of the accused being finished, 
 and the formality of legitimation having been observed, 
 the proceedings must be made known. A copy of the 
 same transcribed and authenticated by the clerk, must 
 be transmitted to the accused and his lawyers, so that 
 they can prepare for the defence. Decision 27 July, 1759. 
 
 " The accused and his lawyers must possess a copy of 
 the examination in its integrity. Decision 15 Mar., 1817. 
 
 " All the acts of the canonical procedure are given 
 gratuitously to poor clergymen. Decision Aug., 1721. 
 
 " The space of two days ad probandam is too short a 
 time for the accused to prepare himself for his defence. 
 Want of sufficient time for this purpose may be enough 
 to annul the proceedings. Decision 20 Aug., 168 1." 
 
 TITLE XVI. Advocate of the Accused." The Holy 
 Canons require that a poor clergyman be defended gratui- 
 tously, by advocates designated for that purpose. Every 
 ecclesiastical tribunal, therefore, must appoint a Defender 
 of the poor. Decision 23 May, 1823." 
 
 TITLE XYII. The Tribunal. "An ecclesiastical 
 tribunal with one judge only, exhibits something odious. 
 For this reason Gregory XVI. enacted that in the Pon- 
 
COMPENDIUM OF PRINCIPLES AND DECISIONS. 241 
 
 tifical States, the ecclesiastical court should be composed 
 of the Ordinary and four judges. Decision 23 June, 1832. 
 " The judges of the episcopal court must be clergy- 
 men.* The judgment passed by them being an act of 
 jurisdiction over the accused, laymen are not allowed to 
 take part in it. Ordinaries cannot call upon lay magis- 
 trates to act as judges. 
 
 u Although the vicar-general may have made the 
 judicial examination or inquiry, or may have taken part 
 therein, he can nevertheless preside over the episcopal 
 court, and cast his vote with the other judges. Decision 
 18 June, 1855. 
 
 " Two brothers cannot act at the same time as judges 
 in an ecclesiastical court. Decision 12 May, 1852. 
 
 " The bishop, or vicar-general who presides at the 
 sitting of the ecclesiastical court, casts his vote, and signs 
 the sentence as the other judges. Even cardinals, pre- 
 siding over the ecclesiastical courts of their dioceses, do 
 not possess a preponderating vote. Decision 27 Aug., 
 1852. 
 
 " The accused has the right to take exception to the 
 judges of the ecclesiastical court before which he is tried. 
 In case he does, a delay of proceedings is granted, to 
 enable him to give his reasons for the exception before 
 the superior judge of the court. During the vacancy of 
 the episcopal see, the right of deciding upon an exception 
 taken against the vicar-capitular belongs to the chapter." 
 TITLE XVIII. Session of the Court. " Though eccle- 
 siastical courts do not hold any formal and public sessions, 
 yet it is rigorously required that the accused be called 
 
212 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 1 ad sententiam.' He must appear before the court, as 
 well as his lawyers or advocates, who have then the 
 right to speak independently of his pleading, which he 
 has had previously printed and presented to the judges. 
 " The accused appears, therefore, before the ecclesiasti- 
 cal tribunal accompanied by his lawyers, but the witness- 
 es are not called. If a personal confrontation of the lat- 
 ter and the accused is deemed necessary, it takes place 
 in the presence of the examining judge. Decision 4 Sept., 
 
 1 834. 
 
 " The public prosecutor is present in court and makes 
 his address. The lawyer of the accused has always the 
 right of replying, and the privilege of speaking last. 
 
 " The court does not close the debate, and commence to 
 deliberate in view of a verdict, until the lawyer of the ac- 
 cused declares that he has nothing more to say. 
 
 "The sentence is determined by a majority of votes. 
 All the judges of the ecclesiastical court must sign it. 
 
 " The sentence is null and void, if it does not state the 
 grounds, jure et de facto, upon which it rests. The Sacred 
 Congregations alone have the privilege of withholding 
 the motives or grounds of their decisions. 
 
 " Bishops have not the power to remit the punishment 
 decreed by an ecclesiastical criminal court. Decision 8 Jan., 
 1858." 
 
 TITLE XIX Thz Acquittal - The acquittal of the ac- 
 cused is decreed in various ways. I. Acquittal 'ex 
 quo satis,' which means, that the accused is sufficiently 
 punished by the fact of his trial. 2. When the judges 
 bring a verdict of ' not found guilty.' The clause ' tan- 
 
COMPENDIUM OF PRINCIPLES AND DECISION'S. 243 
 
 quam non repertus culpabilis ' is not a declaration ot 
 innocence. The accused remains under censure of irregu- 
 larity, in consequence of the defamation he sustained from 
 the indications and presumptions of guilt, which hardly 
 ever takes place, except in cases of homicide. Decision 
 ii Sept., 1804. 3. Acquittal 'ex capite innocentiae,' when 
 the judges fully recognize the innocence of the accused. 
 
 " The declaration of innocence involves as a necessary 
 consequence, the suppression of the judicial examination 
 and trial. All documents concerning it must be torn up 
 and burned. Decision 4 Apr., 1775." 
 
 TITLE XX. Appeals. "An appeal must be taken 
 within ten days after notification of sentence. The Sacred 
 Congregation having informed the Ordinary that it ad- 
 mits the appeal, the case must be proceeded with. The 
 bishop and the appellant send their documents to Rome 
 within twenty days after such notification. Circular 
 22 Feb., 185 1. 
 
 " The appeal is suspensiva when there is question of de- 
 position. The installation of a new canon, or of a new 
 parish priest, before the judgment on appeal is rendered, 
 constitutes contempt of authority. Decision23 May, 1681. 
 
 " In matters regarding morality, the appeal is not suspen- 
 siva, but devolutive for the sentence of the Ordinary 
 must be temporarily executed, unless there be question 
 of irreparable acts, as deposition, or consignment to the 
 ' ergastulum.' Decision 20 July, 1742. 
 
 " Suspension is suspensiva, when the suspension of the 
 lower tribunal does not take effect, or is suspended, until 
 the superior tribunal to which the appeal is taken, ren- 
 
244 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 ders judgment. It is devolutiva when the suspension does 
 take effect pending the decision of the superior tribunal. 
 
 "Whenever the condemned appeals, he does not pay 
 the expense of the new trial, unless it is so stated in the 
 appeal." 
 
 I may here very properly add the general rules gov- 
 erning appeals. They are : 
 
 I. An appeal can be taken from any judge who has 
 passed sentence, except: I. From the sentence of the 
 Pope to a General Council, and a fortiori to any other 
 tribunal. 2. From the sentence of a General Council 
 legitimately assembled and united to its head. 3. From 
 the sentence of all the College of Cardinals, and from the 
 final sentence of the Roman Court (Rotas Romanae). 
 4. From the sentence of arbitrators, where the parties 
 bind themselves to abide by their decision, but not from 
 the sentence of arbitrators juris. In these four cases no 
 appeal can be taken. 
 
 II. The judge, from whom the appeal is made, must 
 be notified of the same. 
 
 III. Aside from an appeal to the Pope, the appeal 
 must be made from the inferior judge, to his immediate 
 Superior, thus : from the vicar general or bishop to the 
 archbishop, from the latter to the primate, from the 
 primate to the patriarch, and from the patriarch to the 
 Pope. To appeal to a Roman Congregation, is the same 
 as to appeal to the Pope. 
 
 IV. Passing by all intermediate tribunals an appeal can 
 be made directly to the Pope. 
 
 N. B. 1. If an appeal is taken, the judge yet sitting on 
 
COMPENDIUM OF PRINCIPLES AND DECISIONS. 245 
 
 the bench, it can be made viva voce, by simpiy saying 
 " I appeal." 2. Should it be taken afterwards it must be 
 made in writing, and within ten days after notification of 
 sentence. 
 
 TITLE XXI. Alimentary Pension. " A parish priest 
 appealing to the Holy See against suspension, must 
 receive an alimentary pension from the revenues of his 
 parish, until the cause is judged. Decision 13 Feb., 1856. 
 
 " When a parish priest has been deposed after a canon- 
 ical trial, he must receive the means of subsistence, or be 
 granted a pension from his parish. Decision Jul}', 17 14. 
 
 "A clergyman condemned to retirement in a house of 
 penance must receive an alimentary pension. Decision 
 Apr., 1718. 
 
 "A parish priest, condemned to perpetual supension 
 and exile from his diocese for ' homicidium,' must 
 nevertheless receive an alimentary pension. Decision 
 28 Dec, 1776. 
 
 " The Holy Canons look upon the denial of the 
 ALIMENTARY pension" (or in other words, the means of 
 subsistence) " as a condemnation to death. When- 
 ever A PARISH PRIEST IS DEPOSED, A PENSION FROM THE 
 REVENUES OF HIS PARISH IS RESERVED." 
 
CHAPTER XVIII. 
 Ecclesiastical Procedure. Trial Ex Notorio. 
 
 We have only to reflect for a moment to see that the 
 legislation of the Church, granting to clergymen a 
 judicial enquiry into any crime of which they are 
 charged, is but a promulgation of what the Natural Law 
 itself teaches. Independently, therefore, of any positive 
 law, the Natural Law demands that any one accused of 
 crime be given an opportunity of proving himself 
 innocent of the charge, or of showing the existence of 
 circumstances that may extenuate, or lessen his guilt. In 
 a word, the Natural Law gives to every one the right of 
 defending himself, and of not being condemned until he 
 is proved guilty. The Church, therefore, in legislating 
 for ecclesiastical tribunals of justice, has given the 
 sanction of her authority to that which the Natural Law 
 imperatively demands. 
 
 In our present state of fallen nature, in which the 
 heart of man is prone to evil, and his mind is more or 
 less clouded by ignorance and biased by human passions, 
 Superiors and subjects being equally liable to err, a sad 
 inheritance from our first Father Adam, " Ecce enim in 
 iniquitatibus conceptus sum et in peccatis concepit me 
 mater mea," it is an absolute necessity that some 
 means should exist, which will effect that the subject, on 
 the one hand, be justly punished when he deserves it, 
 
TRIAJL EX NOTORIO. 247 
 
 and on the other, that the Superior may be restrained 
 from abusing his power by inflicting punishment on the 
 innocent, or exhibiting undue severity towards the 
 guilty. This thought, as well as the one conveyed in 
 the preceding paragraph, is well expressed by Bouix, 
 trac. dej'ud. eccl., par. \,p. 15, in the following words: 
 
 " Ex jure naturali, debet in omni societate completa, 
 judiciorum proprie dictorum institutio induci. Nam, ea 
 est in praesenti naturae lapsae statu hominum conditio, ut 
 multae lites et delicta perpetuo turn in societate ecclesias- 
 tica, turn in civilibus praecipue societatibus exoriantur. 
 Necessarii inde multi magistratus qui et delicta coerceant 
 et lites dirimant. Iterum autem ob presdictam natures 
 humancs ad ' delinquendum proclivce conditionem, nisi or dinar ie 
 et regulariter dicti magistratus adstringantur injure dieundo, 
 ad e as for mas servandas qua de substantia judicii sunt, per- 
 scspe ex negligentia, errore, aut partium etiam studio, in 
 transversum agentur, et a justifies transite aberrabunt. 
 Dictat ergo recta ratio et bonnm publicum aperte postulate 
 ut in omni societate completa, id est, sive in Ecclesia, sive in 
 qualibet temporali republica, tribunali constituantur ; et 
 judices teneantur conditiones ad proprie dictum 
 judicium necessarias, ordinarie saltern, in facienda justi- 
 tia observare." 
 
 To punish crime, correct disorder, and enforce eccle- 
 siastical discipline, on the one hand, and on the other, to 
 prevent Superiors from acting through impulse, anger, 
 error, hatred, malice, or other unjust motive, ecclesiasti- 
 cal tribunals have been established in the Church. They 
 protect the innocent, and mete out just punishment to 
 
248 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the guilty. Every clergyman, charged with crime, or 
 serious infraction of discipline, has a right therefore not 
 only by the positive law of the Church, but by the Natur- 
 al Law, to a canonical investigation of his offence, or an 
 ecclesiastical trial. 
 
 The conditions necessary for a trial properly so called 
 are found in the definition of Ecclesiastical Procedure in 
 Foro Externo, or of Judicium Forense, given by the same 
 learned author, Bouix : " Judicium Forense est, judicis 
 de jure ab actore contra reum praemissa disceptatione, 
 sententia," a definition with which all canonists agree. 
 
 Ecclesiastical Criminal Procedure is divided into: 
 i. Ordinary, or full Criminal Procedure (Processus 
 Criminalis Ordinarius, seu Plenarius). 2. Extraordinary 
 Criminal Procedure (Processus Criminalis Extraordinar- 
 ius). 
 
 The first of these, or the Ordinary Criminal Process, is 
 threefold : 1. By way of Accusation (per viam Accusa- 
 tionis). 2. By way of Denunciation (per viam Denuncia- 
 tionis). 3. By way of Examination or Inquisition (per 
 viam Inquisitionis). 
 
 But as all these ordinary trials are clothed with such a 
 multiplicity of legal formalities and solemnities, and as 
 in the United States, at least, they are impracticable, I 
 have no need to enter info any details concerning them. 
 What is of interest now, and of practical utility for us, 
 will chiefly occupy my attention, and these are the 
 Extraordinary Criminal Proceedings. 
 
 Of these latter, the following only I consider of 
 immediate interest, viz. : 1. The trial Ex Notorio (Proces- 
 
TRIAL EX NOTORIO. 249 
 
 sus Criminalis Ex Notorio). 2. The Summary Trial 
 (Processus Summarius). 3. Sentences of suspension ex 
 informata conscientia. 
 
 In this chapter I will speak briefly of the first, or of 
 Procedure Ex Notorio. It will at least show the spirit 
 of strict and impartial justice which exists in the Church, 
 and the fear she has of punishing even the notoriously 
 guilty beyond their deserts. In the two following chap- 
 ters, I will speak respectively of the Summary Trial, and 
 suspension ex informata conscientia. 
 
 The importance and necessity attached by the Church to 
 a canonical trial for clergymen charged with any viola- 
 tion of law, shine forth most clearly from the fact, that 
 according to canonists, when a crime is notorious, 
 even then, a clergyman cannot be lawfully condemned, 
 without formal proceedings against him. Hence the 
 procedure, or trial Ex Notorio. 
 
 The procedure Ex Notorio can be employed only, when 
 the offence is notorious notorietate facti, i. e., when there is 
 no possibility of concealing, or denying it, when at the 
 same time, the culpability is so evident, that there is no 
 possibility of excusing, extenuating, or palliating it ; in 
 fine, when the offence is perpetrated m the presence of, 
 or under the eyes of as many witnesses as the law, cus- 
 tom, or judge requires for notoriety in similar circum- 
 stances. 
 
 That the culpability must be such as I have described, 
 viz.: that it must be so evident that there is no possibility 
 of excusing, extenuating, or palliating it, is clear from 
 Cap. Sua. 8, Tit. 2, lib. 3 Decretalium, and the teaching of 
 
250 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 all canonists. See Schmalzgrueber, cited by Bouix in tit. 
 i, lib. 5 Decret., especially Nos. 9, 10 and 14. The other 
 conditions mentioned above are per se evidently neces- 
 sary that a crime be justly considered notorious. 
 
 In the criminal process Ex Notorio, the judge should 
 proceed with great caution. He should not admit the 
 crime as notorious, although many assert it to be so, 
 until he is perfectly convinced of it, by the deposition of 
 eye-witnesses. Nay, even when the delinquent is taken 
 in flagrante delicto, and brought immediately to the judge, 
 the latter should take the evidence of the witnesses, 
 which should be written down by the clerk, or notary. 
 He should ask the culprit whether he pleads guilty, or 
 has any thing to say in his defence. If the former, the 
 lawful penalty is inflicted for the crime ; but if the latter, 
 the privilege of pleading his cause is given him, and a 
 time appointed to enable him to prove any extenuating 
 circumstances which may lessen his guilt. He is con- 
 demned only according to the probata, or the evidence. 
 
 Nay, more, if the crime be committed under the very 
 eyes of the judge, he can, it is true, punish the culprit 
 without any trial, or further proofs, but even then it is 
 better and more prudent to ask him if he acknowledges 
 his guilt. If he does not he takes the evidence of the 
 witnesses, confronting the latter with the culprit. Other- 
 wise he might expose himself to censure for prosecuting 
 one against whom there was no evidence, which would 
 be the case if the culprit denied having committed the 
 offence, and the witnesses thereto could not be found. 
 
 According to Canon Law, the following formalities 
 
TRIAL EX NOTORIO. 251 
 
 may sometimes be dispensed with in trials Ex Notorio ; 
 nevertheless, as they must be employed in certain cases, 
 it will be generally, not to say always more prudent to 
 make use of them, viz.: I. Citation " ad dicendam causam," 
 or the defence of the guilty. This is rigorously required, 
 when there is any doubt to be cleared up, or when the 
 culprit may be enabled to plead extenuating circum- 
 stances, to the lessening of the grievousness of his fault. 
 
 2. Citation "ad sententiam." This is always required, 
 unless the delay would be injurious to the public welfare. 
 
 3. Pronouncing sentence, at least declaratory. 
 
 There is no appeal from the sentence Ex Notorio, 
 except when the notoriety of the crime is not expressed 
 in the sentence. Also, no exception can be taken against 
 the judge, unless the penalty is not determined by law 
 and custom, but subject to his ruling alone, in which 
 case, the just exceptions allowed by Canon Law, and 
 indicated in the next chapter, hold. 
 
CHAPTER XIX. 
 
 The Summary Trial. 
 
 The ordinary ecclesiastical trial, as I have already 
 remarked, being attended with such a multitude of for- 
 malities and solemnities, all of which are insisted upon 
 as necessary, and the omission of any of which may 
 vitiate and annul the entire proceedings, it often occupies, 
 of necessity, a more or less protracted period of time. 
 The Summary Trial, or " Processus Criminalis Sum- 
 marius, " is in contradistinction to the ordinary trial. It 
 is called Summary, because though amply sufficient for 
 all the ends of justice, it is brief in comparison with the 
 ordinary trial, being confined to a narrower compass ol 
 legal forms, and restricted, in consequence, to a shorter 
 space of time for the expediting thereof. This cutting 
 off of the many formalities of ordinary trials, and thus 
 making them summary, is tersely expressed by Boniface 
 VIII. in his Constitution Ad Augendam, by the words 
 " Rimulis juris postpositis. " The Summary Trial does 
 not differ from the ordinary, in any thing that is essential 
 to a perfect trial for the attainment of the ends of justice. 
 It is only the accidentals and accessories that are dis- 
 pensed with in the Summary Procedure. Whilst it 
 secures the ends of justice equally with the ordinary trial, 
 it does so more directly and with less circumlocution 
 " Non procedit ad juris apices." 
 
THE SUMMARY TRIAL. 253 
 
 Although the reader, from a preceding chapter (xvii.,) 
 in which are found many decisions and principles regulat- 
 ing canonical procedure, might deduce all that is 
 necessary to be known concerning the Summary Trial, 
 yet it will not be out of place, because of the importance 
 of the matter, to give a special chapter to this subject. 
 
 The Summary Trial, or Processus Criminalis Summarius, 
 was originally instituted for the benefit of religious only, 
 but it can be, and often is employed towards the secular 
 clergy; in fact, is the only one, which at present would 
 be practicable, or desirable in the United States. 
 
 What I state in this chapter concerning this form of 
 canonical procedure, I take principally from Bouix, Trac. 
 de. jur. reg., par. 6, sec. 2, c. 2, quces. 3. Any thing not 
 applicable to seculars I note, and with the same learned 
 author as my guide, correct accordingly, so that it forms 
 a code of laws for Summary Procedure as used towards 
 the secular clergy. 
 
 I. No criminal proceedings can be instituted even 
 against Regulars, unless there has been a previous Accusa- 
 tion or Denunciation ; or common Report and the indica- 
 tions of crime have given cause for an official inquiry ; or 
 unless an exception made in some other trial has given 
 occasion to. the process. 
 
 To Accuse, in the canonical sense of the word, is to 
 affirm before the judge that one has done wrong, to the 
 end that he may be publicly punished, assuming at the 
 same time the onus probandi. 
 
 To Denounce, is to make known to the Superior as 
 
254 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Judge some crime, to the end it may be publicly punished, 
 but without assuming the onus probandi. 
 
 Judicial Examination or Inquiry, is the act of the 
 judge, to discover whether one has committed some 
 crime, to the end of inflicting public punishment. 
 
 This Judicial Examination is made either ex officio, or 
 at the instance of some denunciator. The ecclesiastical 
 judge is not allowed to make a judicial inquiry against 
 any one on suspicion, or slight rumor, or even on denun- 
 ciation ; it is absolutely necessary that the one about 
 whom an inquiry is instituted should have been defamed, 
 i. e., that the report should have been spread abroad 
 among the people that the crime was committed by him. 
 
 II. It is necessary that the judge be competent. This 
 competency must extend to all causes for which he 
 receives jurisdiction. He cannot, however, act as 
 judge in a cause in which he before pleaded as an advo- 
 cate ; nor if he has a similar case, in which he is either the 
 accused or the prosecutor ; nor if an exception is taken 
 against him " tanquam suspectus," unless it rests on 
 frivolous grounds; nor if he is excommunicated or 
 infamous. 
 
 The following, taken from Ferraris, and quoted by 
 Bouix, trac. de jud. eccl.,p. i, sec. 4, c. 1, will explain still 
 further the qualifications required in a judge. 
 
 " A judge wanting the proper knowledge required by 
 his office (carens debita scientia), and judging wrongfully 
 through culpable ignorance, sins mortally, and is bound 
 to restitution, for the entire damage caused the injured 
 
THE SUMMARY TRIAL. 255 
 
 party, either in the substance of the trial, or in super- 
 fluous expenses." 
 
 Even, says Bouix, should a judge make a mistake, 
 " absque gravi culpa," he must try to remedy it by 
 privately telling the injured party to appeal. 
 
 Ferraris says further : "A judge deficient in the knowl- 
 edge necessary for the discharge of his office, cannot be 
 absolved, unless he renounces his office, or firmly pur- 
 poses to do so; for the simple reason that no one can 
 conscientiously retain a position, whose duties he cannot 
 fulfil without inflicting damage, or exposing himself to 
 the danger of inflicting damage on his neighbor. 
 
 " A judge sins mortally in the exercise of his office, 
 who without cause, notably delays the expedition of trials ; 
 and is bound to restore to the injured party the losses and 
 expenses which ensue from the unjust delay, because he 
 is the unjust cause of these losses and expenses." 
 
 A judge sins mortally who accepts notable gifts or 
 presents contrary to the Decrees of the Church cited by 
 Ferraris. 
 
 III. In the document (libello) of accusation or denun- 
 ciation, it is necessary to give the name of the judge be- 
 fore whom the accusation is lodged ; the names of 'the ac- 
 cuser and of the accused ; the crime of which he is 
 accused, or for which he is denounced ; and the time, at 
 least the year in which it is alleged to have been 
 committed. 
 
 In Summary Procedure, and in all brief and light 
 causes (and this is de jure communi), it is not necessary 
 that the accusation or denunciation be made in writing, 
 
256 THE RIGHTS OP THE CLERGY VINDICATED. 
 
 but it suffices that it be made before the judge by word 
 of mouth, and that it be immediately inserted in the acts 
 so that afterwards, if necessary, a copy can be had. 
 
 IV. Persons de jure disqualified, ought not to be allow- 
 ed to make an accusation or denunciation. 
 
 V. The clerk or chancellor to be employed, ought to 
 be a Public Notary (notarius publicus). If, therefore, 
 such had not been appointed in the diocese (or religious 
 order), the judge should select and depute some one for 
 this office. 
 
 VI. An oath de non calumniando ought to be adminis- 
 tered to the accuser, or denunciator, and to the witness- 
 es. 
 
 Juramentum calumnies is that by which the parties to 
 the trial swear that in their actions, and exceptions and 
 defence, they are not actuated by fraud and calumny, and 
 that they wish to do all in good faith. Juramentum 
 veritatis et malitue is implied in this definition. 
 
 VII. The accused must be cited to appear. He can- 
 not be condemned unheard, unless he is contumacious. 
 
 Citation is a legal action, by which one is called to 
 trial' by the mandate of the judge, for the purpose of 
 discovering the truth, or what is right and just in the 
 case (juris experiundi causa). 
 
 Contumacy is a wilful disobedience to a lawful sum- 
 mons. 
 
 VIII. A sufficient time should be allowed the accus- 
 ed to gather his evidence and prepare for his defence. 
 
 IX. To the accused must be communicated the article 
 
THE SUMMARY TRIAL. 257 
 
 or heads of accusation for which the trial was instituted 
 against him, as well as the depositions of the witnesses. 
 
 I will here add a quotation from the same chapter in 
 Bouix, quczs. 2, n. 3, confirmatory of what has already been 
 said, viz.: that the names of the witnesses must be com- 
 municated to the accused, to enable him to defend himself : 
 " According to the more common opinion of canonists, 
 the names of the witnesses are not to be communicated 
 to religious, but only their depositions. But outside of 
 religious orders, even in Summary Trials, to furnish the 
 accused with the names of the witnesses is de jure 
 communis 
 
 X. A patron, or skilled counsellor, must be given to 
 the accused asking one to help him in his defence. 
 
 The same concession must be made to a poor priest, as 
 we have already seen. 
 
 XI. The just exceptions of the accused must be ad- 
 mitted. 
 
 An exception in the strict sense of the law, is the ex- 
 clusion of an action, by which the accused either retards 
 the trial, or quashes it altogether. 
 
 Exceptions are divided chiefly into dilatory and per- 
 emptory. 
 
 Peremptory exceptions are those, which, if proved, put 
 an end at once to the action ; if, for example, the defen- 
 dant objects, and proves that he never entered into the 
 contract which the plaintiff claims he did. 
 
 Dilatory exceptions have reference to the person of the 
 judge, or of the prosecutor, or are made against the 
 
258 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 witnesses. Exceptions against the latter may be taken 
 after the contestatio litis. 
 
 Regularly all exceptions ought to be proposed before 
 the contestatio litis. 
 
 Exceptions may be taken viva voce, but the accused must 
 prove that they are just. 
 
 We will now inquire into the legitimate reasons for 
 taking exception to the judge. 
 
 That reason is considered just and indubitable, which 
 the law looks upon as such. The reasons for excepting 
 to the judge are various, but they can be classed under 
 three heads : 
 
 a. When the judge to whom exception is taken is an 
 enemy of the accused. This can be presumed to be the 
 case : i. If he has a lawsuit, or judicial controversy with 
 the judge. 2. If the judge had made threats against him, 
 to the effect that when the opportunity offered he would 
 do him an injury. 3. If he denies him marks of friendship 
 which he is accustomed to exhibit to others in the same 
 condition and state of life. 
 
 b. When the judge to whom exception is taken has 
 a special affection for, or is on intimate terms of friendship 
 with the adversary of the accused. It is concluded that 
 such is the case : 1. If he is related to him by consan- 
 guinity, or affinity : 2. If he is his Master (Dominus). 3. 
 If he is his companion, or colleague. 4. If he is his warm 
 friend, " familiaris magna scilicet, non modica familiari- 
 tate." 5. If he is his patron, or client. 
 
 c. When the judge to whom exception is taken is 
 prejudiced in favor of the cause to be tried. This is consid- 
 
THE SUMMARY TRIAL. 259 
 
 ered to be so: i. If in the same case he acted as advo- 
 cate, or procurator. 2. If, as a private individual, he has 
 a similar cause before another tribunal. 3. If from the 
 cause to be tried some special emolument will accrue to 
 the judge himself. 
 
 N. B. If the exceptor contends that the judge has not 
 jurisdiction, or that from some defect, v. g., want of knowl- 
 edge, his jurisdiction is impeded, it belongs to the judge 
 to pronounce on the value of the exception, and the ex- 
 ceptor cannot appeal unless from a definite sentence. If 
 he objects only that the judge is prejudiced against him 
 "sitsibi suspectus," which is the case in all the instances 
 enumerated above, the judge cannot by this very fact 
 proceed farther, but must submit the exception to the de- 
 cision of arbitrators. 
 
 XII. The witnesses, whom the accused proposes for 
 his defence, must be heard. 
 
 XIII. The accused cannot be condemned to the res:- 
 ular penalty attached to his fault, " poenam ordinariam," , 
 unless upon conviction, or the confession of his guilt. 
 
 XIV. A sentence can be imposed, only in accordance 
 with the evidence, "secundum allegata et probata." 
 
 XV. In grave causes, a religious can have not only re- 
 course (recursus) to a higher tribunal, but he has the right 
 
 ' of appeal in the strict sense of the word. In common con- 
 victions which do not imply infamy, or a severe punish- 
 ment, there is no appeal allowed to Regulars : "vox appell- 
 ationis audienda non est." 
 
 With regard to seculars, the right of exception and ap- 
 peal is the same in the Summary, as in the Ordinary Trial. 
 
260 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Bouix, Trac. de jud. eccl., par. 2, Sec. 4, S. Sec. 2, C. 3, N. 2 
 and 7. 
 
 XVI. When there is question of Religious, besides 
 the above regulations, the rules of the religious Order to 
 which they belong, are to be observed in criminal trials 
 of this kind. 
 
CHAPTER XX. 
 
 Sentences Ex Informata Conscientia. 
 
 The sentence ex informata conscientia is restricted to 
 two cases: i. The prohibiting of the reception of higher 
 orders. 2. The suspending from orders already received 
 "ab ordinibus, officiis, dignitatibus ecclesiasticis," but 
 not from benefices. The Decree conferring this power 
 is found in Sess. xiv. de Reform, of the Council of Trent, 
 chapter 1, and is as follows: 
 
 " Cum honestius, ac tutius sit subjecto, debitam Prae- 
 positis obedientiam impendendo, in inferion ministerio 
 deservire, quam cum Prcepositorum scandalo, graduum 
 altiorum appetere dignitatem ; ei, cui ascensus ad Sacros 
 Ordines a suo Prselato, ex quacumque causa, etiam ob 
 occultum crimen quomodolibet, etiam extrajudicialiter, 
 fuerit interdictus; aut qui a suis Ordinibus, seu gradibus, 
 vei dignitatibus ecclesiasticis fuerit suspensus, nulla con- 
 tra ipsius Praslati voluntatem concessa licentia de se 
 promoveri faciendo, aut ad priores Ordines, gradus, et 
 dignitates, sive honores restitutio, suffragetur." 
 
 In this chapter, I will show that the sentence of 
 suspension ex informata conscientia can be inflicted : 1. 
 For occult crime only. 2. When a canonical trial, or in 
 this country, a Quasi Judicial Investigation cannot be 
 had. 3. When the evidence of the crime is such as is 
 sufficient to prove it before the Sacred Congregation of 
 the Council. 
 
262 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 I. Suspension ex informata conscientia can be inflicted 
 for occult crime only. 
 
 Some canonists have held, and still teach, that under 
 certain circumstances, suspension ex informata conscientia 
 can be inflicted, though very rarely, for public crimes. 
 But, in view of the positive and unequivocal Decisions 
 of Rome, which I will cite to the contrary, such doctrine 
 is now untenable. Any canonist of note who holds this 
 opinion either wrote before these Decisions were given, 
 or was not cognizant of them at the time of writing. 
 
 The Analecta Juris Pontificii, 7th series, published 
 at Rome, 1864, to which I refer my clerical readers for 
 proofs in extenso of the above proposition, viz. : that 
 suspension ex informata conscientia can be inflicted for 
 occult crime only, reviews a work published at Vienna, 
 entitled, " Pugna Juris Pontificii statuentis suspensiones 
 extrajudicialiter, seu ex informata conscientia, et imperii 
 easdem abrogare molientis," written by a Roman ecclesi- 
 astic, M. Salvatore Pallottini. From the Analecta itself, 
 and the teaching of this author, therein quoted, who 
 supports his teaching by many positive Decisions of 
 Rome, I extract the following brief demonstration of the 
 proposition that suspension ex informata conscientia can 
 be lawfully employed for occult crimes only. 
 
 To understand well this question of suspension extra- 
 judicially, or ex informata conscientia, we must keep in 
 mind an historical fact which bears directly upon it, and 
 which was even the efficient motive of the legislation of 
 the Council of Trent in the matter. That historical fact 
 is, that before the Council of Trent promulgated the law 
 
SENTENCES EX IXFOBMATA CONSCIENTIA. 263 
 
 permitting bishops to suspend ex informata conscientia, 
 they had no power to take action against, or infiict punish- 
 ment on any clergyman, except for crimes that were not occult, 
 and then only after conviction by an ecclesiastical court. 
 Before the promulgation of the law of suspension ex in- 
 formata conscientia by the Council of Trent, a bishop was 
 perfectly powerless to punish occult crimes. He could 
 only admonish, exhort, rebuke, threaten the culprit with 
 the Divine anger, and with the judgment of God : in a 
 word, before the Council of Trent, a bishop was restricted 
 to moral persuasion only, to induce delinquents guilty of 
 occult crimes to mend their ways. This is an historical 
 fact. It goes very far to throw light upon the true 
 meaning and extent of the legislation of the Council of 
 Trent, giving bishops the power to suspend extra-judi- 
 cially, " etiam ob occultum crimen." 
 
 The Decretals of the Church had already given to 
 bishops all the means necessary for the punishment of 
 crimes which were notorious, jure, vel dc facto. The 
 Council of Trent gave them, besides, the power of pun- 
 ishing crimes that were not notorious jure, vel de facto ; 
 or, in other words, it gave bishops the power of punishing 
 occult crimes which, before the time of the Council of 
 Trent, they were powerless to correct by any official 
 action. This is evidently insinuated by the wording of 
 the Decree of the venerable Fathers of Trent : " Ex 
 quacumque causa, etiam ob occultum crimen, quomo- 
 dolibet etiam extrajudicialiter." 
 
 To show how utterly at variance with the teaching of 
 Rome is the doctrine which advances that suspension 
 
264 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 ex informal a conscientia can be inflicted for public crimes, 
 I will quote a few paragraphs from the work of M. 
 Salvatore Pallottini, mentioned above, and which are found 
 in the Analecta Juris Pontificii : 
 
 " Manifestum fit, suspensiones extrajudicialiter, seu ex 
 informata conscientia, iis duntaxat casibus ferri posse, 
 ubi de crimine occulto, non vero publico res esset. 
 
 " Quoties proinde, episcopi extrajudicialiter, seu ex 
 informata conscientia pro delictis publicis, non servata 
 juris forma, pcenas irrogaverint, vel censuras tulerint, 
 toties praelaudata Sacra Congregatio, Concilii Tridentini 
 interpretum, nullas atque irritas, easdem declaravit 
 
 "Imrao expresse declaravit Concilium Tridentinum 
 aliam formam pro criminibus publicis coercendis prse- 
 stituisse. 
 
 " Quin immo Sacra Congregatio nullas atque 
 
 IRRITAS SUSPENSIONES EXTRAJUDICIALITER, SEU EX 
 INFORMATA CONSCIENTIA, OB PUBLICA CRIMINA LATAS 
 DECLARARE SUEVIT, UBI SUSPENSI, SPRETIS OMNINO 
 SUSPENSIONIBUS, MISSAS CELEBRAVERINT, CONFESSIONES 
 AUDIERINT, NEC NON CETERA SACRI ORDINIS, IN EPIS- 
 COPORUM CONTEMPTUM, PERAGERE VISI FUERINT. LuCU- 
 
 lentum de quo exemplum exhibetur in S. Agathae 
 Gothorum suspensions, irregularitatis et privationis ben- 
 eficii : nam, proposito dubio ; an constet de validitate 
 suspensionis in casu, Sacra Congregatio die 26 Feb., 
 1853, responsum dedit: Negatur, salvo jure episcopi 
 procedendi prout de jure. Qua inde reproposita quaes- 
 tione, et acriter formiterque discusso articulo, num crimen 
 occultum fuisset quo tempore saltern lata fuit suspensio, 
 
SENTENCES EX INFORMATA. CONSCIENTIA. 265 
 
 sub consueta formula: an sit standum vel recedendum 
 a decisis in primo dubio in casu, eadem Sacra Congre- 
 gatio, die 28 Maii, ejusdem anni 1853, respondit : In DE- 
 CISIS ET AMPLIUS. 
 
 " Quis inde AMBIGET ADHUC," continues this author, 
 
 " QUOD SANCTIO TRIDENTINORUM PATRUM, LOCUM TAN- 
 TUMMODO IN CASIBUS HABEAT, QUIBUS DE CRIMINIBUS 
 
 OCCULTIS AGITUR? Adeo quippe verum est, ut in cap. 1, 
 Sess. xiv., Con. Trid. de Refor., de criminibus duntaxat 
 occultis res sit, ut nequeant episcopi decretum suspen- 
 sions clericisintimare, modo et forma processus ordinarii. 
 Nam, si ex charitate Christiana nemo alterius diffamatio- 
 nem procurare debet, id eo vel magis in casu quo de 
 clericis agitur retinendum. Ea idcirco mente Tridentini 
 Patres pcenitentias praeceptivas, vel suspensiones ferre 
 posse episcopos pro criminibus occultis sanxerunt, ne 
 tamen intimatione decreti clericorum famae ac honestati 
 quid minimi detraheretur. Qua de re pcenitentiae, vel 
 suspensiones hujusmodi, modo ac forma ordinaria penitus 
 praetermissa, notificari debent privatim, et per sub- 
 scriptionem ipsius suspensi acceptando decretum in 
 manu judicis." 
 
 In support of the above quotations irom M. Salvatore 
 Pallottini, showing most clearly the teaching of Rome in 
 the matter under discussion, I am enabled to adduce 
 other positive decisions, which I find in the Analecta 
 Juris Pontifich, 13th series, 1874, in an article entitled 
 " A practical Treatise on Diocesan Officialties." 
 
 The Analecta says : " The procedure ex informata con- 
 scientia cannot be used for a public suspension and for 
 
266 THE RIGHTS OP THE CLERGY VINDICATED. 
 
 reasons {* motives') which are not occult. In such cases 
 it is necessary to have recourse to public canonical pro- 
 ceedings." Decision Mar., 1858. 
 
 If there was any room for doubt as to the meaning ot 
 this decision of the Sacred Congregation, which there is 
 not, it being too clear and unequivocal, that doubt would 
 beset at rest by the letter of the Sacred Congregation 
 written to the bishop of Aquino, in connection with the 
 decision itself, which I here transcribe in English : 
 
 "According to the information which your lordship 
 has sent, concerning Rev. Camillus M., priest, I must 
 notify your lordship in the name of this Sacred Con- 
 gregation, that as there is question of public and 
 defamatory acts (di tituli publici et infamanti), YOUR 
 
 LORSDHIP IS OBLIGED TO PROCEED ACCORDING TO CANONI- 
 CAL PRESCRIPTIONS; CONSEQUENTLY, YOU CANNOT AVOID 
 THE OBLIGATION YOU ARE UNDER, OF INSTITUTING A 
 
 REGULAR TRIAL. The priest appealing to us HAS FULLY 
 THE RIGHT TO REQUIRE SUCH trial, and your lordship 
 
 CANNOT IN CONSCIENCE REFUSE IT. You should see that 
 
 the trial is instituted immediately and regularly, accord- 
 ing to the orders given before by this Sacred Congrega- 
 tion." Rome, March, 1858. 
 
 In speaking of the decision quoted above, and to which 
 this letter alludes, the Analecta Juris Pontificii says: 
 " Secret penalties, by which occult crimes are repressed, 
 may be inflicted ex informatd conscientia. Public and 
 disgraceful crimes, on the contrary, require judicial 
 proceedings." 
 
 Again, the Analecta Juris Pontificii has the 
 
SENTENCES EX INFOBMATA CONSCIENTIA. 267 
 
 following clear and explicit teaching on the subject under 
 consideration : 
 
 u Ordinaries have the power of proceeding extra-judi- 
 cially only when there is question of inflicting a paternal 
 punishment, or a slight correctional penalty ; but a 
 canonical trial is rigorously required for grave corrections, 
 and for any public spiritual penalty. This principle OF 
 
 CANONICAL LEGISLATION IS ABSOLUTE. SUSPENSION EX 
 INFORMATA CONSCIENTIA DOES NOT DEROGATE FROM IT, 
 
 and IS NO EXCEPTION TO IT. For, if suspension is a 
 spiritual penalty, of which there can be no doubt, it is, on 
 the other hand, no less certain that this penalty must 
 remain secret and occult as well as the offence in punish- 
 ment of which it is decreed, since it is inflicted ex infor- 
 mata conscientia, or without the formalities of a canonical 
 trial. If the suspension be divulged and becomes public, 
 
 IT IS BY THIS VERY FACT TAINTED WITH NULLITY, FOR 
 PUBLIC SUSPENSION CANNOT BE INFLICTED EXCEPT AFTER 
 A CANONICAL TRIAL. SUCH IN OUR DAY IS THE IGNO- 
 RANCE OF CANONICAL PRESCRIPTIONS, THAT IT MAY BE 
 AFFIRMED WITHOUT TEMERITY, OF ONE HUNDRED SUS- 
 PENSIONS AND INTERDICTS (against receiving orders) ex 
 informata conscientia, INFLICTED IN A GIVEN TIME, NINETY- 
 FIVE ARE NULL ipso jure, BECAUSE THEY GIVE PUBLICITY 
 TO THIS EXTRA-JUDICIAL PUNISHMENT." 
 
 I might produce other authorities and decisions to' 
 prove that suspension ex informata conscientia can be 
 inflicted for occult crime only, but the proofs I have 
 given I consider most satisfactory, and are amply suffi- 
 cient. I will content myself with remarking that the 
 
268 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 Pope alone has the power to depose a priest ex informata 
 conscientia. A bishop can only suspend, and that only for 
 a short time, hardly ever over six months. This suspen- 
 sion must be kept secret. To make it known is to trans- 
 gress an obligation of strict justice. 
 
 The canonical method of passing sentence ex informata 
 conscientia is this : The bishop sends for the guilty clergy- 
 man, presents to him the decree of suspension, and 
 demands his signature to it. Like THE OFFENCE itself 
 FOR WHICH IT IS INFLICTED, ALL THE PROCEEDINGS MUST 
 BE KEPT SECRET. 
 
 D. Bouix, a canonist of note, advances the opinion that 
 a clergyman may sometimes be suspended ex informata 
 conscientia for public crimes. I am confident when he 
 wrote, that he was not aware of the positive decisions of 
 Rome to the contrary. The Analecta Juris Pontificii 
 alludes to his teaching on this point, when it accuses him 
 of " extravagant opinions " in his treatise De Judiciis, 
 when speaking of sentences ex informata conscientia. 
 How well founded and just is the criticism is evident 
 from the teaching of Rome as given above. The very 
 words of Bouix himself confirm the correctness of the 
 teaching de suspensione ex informata conscientia, as 
 delivered by the Analecta Juris Pontificii, and evince 
 how uncertain is this distinguished author himself of the 
 position he advances, viz. : that suspension ex informata 
 conscientia may, in some rare cases, be inflicted for public 
 crimes. The following from Trac. de jud.,par. 2, /. 325, 
 are Bouix's own words: 
 
 " Positae conclusioni (nempe potestatem episcopalem 
 
SENTENCES EX ESFORMATA CONSCIENTIA. 269 
 
 suspendendi ex informata conscientia locum habere etiam 
 quando crimen est publicum) ADVERSARI VIGENTEM 
 
 HODIE APUD ROMANOS CANONISTAS PERSUASIONEM, MIHI 
 
 rom^j DEGENTI APERTE INNOTUIT. Ipsi namque existimant, 
 NON POSSE EPISCOPUM ex informata conscientia PROCEDERE 
 
 QUANDO DELICTUM ESTFAMA VULGATUM ; Sed NECESSARIO 
 TUNC ADHIBENDAMORDINARIJUDICII FORMAM. Cumque 
 
 nonnullis eorum patefecerim mihi esse in proposito, contra- 
 riamsententiam tueri, acriter OBSiSTERE,et NE, UT PRO- 
 
 BABILEM QUIDEM, HANC MEAM OPINIONEM ADMISERUNT : 
 UTPOTE QU^E IPSIS A SENSU ET MENTE TRIDENTINORUM 
 APERTE ABERRARE VIDERETUR." 
 
 In another place Bouix says: " Nolim tamen, quoad 
 suspensiones in perpetuum, lectorem fidere conclusioni 
 mece, posse silicet (episcopos) eas ex informata conscientia 
 pronunciare, nam contrarium tanquam certum, Rom,e, 
 
 A JURIS SACRI PERITIS HABERI MIHI DIXERUNT NONNULLI. 
 UT ADEO SUSPICOR, ME VERITATEM IN HAC RE, IGNORATIS 
 DOCUMENTIS, NON FUISSE SATIS ASSECUTUM." 
 
 II. Having conclusively and satisfactorily proved 
 that suspension ex informata conscientia can never be in- 
 flicted for public crimes, but for occult crimes only, I will 
 now proceed to show, that it cannot be employed against 
 ALL OCCULT crimes, but against SUCH ONLY as cannot 
 be reached BY A canonical trial, or, in the United 
 States, by a quasi- judicial investigation. 
 
 This opinion, it seems to my humble judgment, is con- 
 formable to the legislation of the Council of Trent itself, 
 and even implied therein. 
 
 In Sess. xiv., c. I de Refor., the Fathers of the Council 
 
270 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 of Trent gave bishops the power of suspending extra-ju- 
 dicially, or ex informata conscientia. In Sess. xxiv., c. 5, 
 they most unequivocally and most explicitly confirm, as 
 the common and general law of the Church, the Consti- 
 tution of Innocent III. given above, instituting canonical 
 trials. Their words are: " Constitutio sub Innocentio III., 
 in Concilio Generali, quae incipit Qualiter et quando, quam 
 sancta synodus in praesenti innovat, ab omnibus obser- 
 vetur." In the one session (xiv.), the Council dispenses 
 bishops from proceeding against delinquent clergymen ju- 
 ridically, and allows suspension extra-judicially, ox ex infor- 
 mata conscientia ; in the other (Sess. xxiv.), they command 
 the Constitution of Innocent III., requiring canonical pro- 
 ceedings, "to be observed by all." 
 
 This apparent contradiction is a very proof of what I 
 advance, that extra-judicial suspension, or suspension ex 
 informata conscientia, can be lawfully used for occult crime 
 only, when a judicial, or, in this country, quasi-judicial in- 
 vestigation cannot be had. For. it cannot be called in 
 question that the Council of Trent, in Sess. xxiv., for- 
 mally, and specifically, and in its fullest extent, sanctioned 
 and confirmed and promulgated anew the Constitution 
 Qualiter et quando of Innocent III. It is evident, there- 
 fore, that the general law of the Church gives peremp- 
 torily and explicitly to every clergyman charged with any 
 crime, the right to a canonical investigation of his case, 
 when such investigation is possible. 
 
 A canonical trial, therefore, or in the United States, for 
 the present, a quasi-judicial investigation, must be employ- 
 ed according to the general and common law of the 
 t 
 
SENTENCES EX INFORMATA CONSCIENTIA. 271 
 
 Church, towards all clergymen charged with crime, ii 
 such investigation is at all possible. Justice does not 
 brook any curtailment of her rights. No secondary con- 
 sideration on earth can or ought to come between her 
 and the individual who appeals to her for aid. Therefore, 
 and my conclusion is drawn from the teaching of the 
 Council of Trent itself, which approves explicitly, and re- 
 iterates the binding obligation of the Decree of Innocent 
 III., Qualiter et quando, every clergyman must be given a 
 trial for even occult crime, when such trial can be had. 
 
 On the other hand, the Council of Trent, Sess. xiv., al- 
 lowed suspension extra-judicially, or ex informata conscien- 
 tia. This evidently and beyond the shadow of a doubt 
 was intended by the venerable Fathers of Trent as an 
 exception to the general law of the Church instituted by 
 Innocent III., and promulgated anew by them. Who, I 
 ask, ever heard of an exception taking the place of the 
 rule, when the latter could be applied ? It would for this 
 very reason become irregular and unlawful. It is clear 
 therefore to my mind, and it seems incontrovertible, that 
 the Fathers of the Council of Trent wished the exception of 
 Sess. xiv., ch. i to the general law laid down in Sess. 
 xxiv., ch. 5 ; i. e., the power of suspending extra-judicially 
 to be used like all other exceptional laws, only when the 
 general law could not be enforced, or in other words, when 
 a canonical investigation could not be employed. Is not 
 this reasoning sound and logical ? It seems to me that it 
 settles satisfactorily, and in conformity with common-sense, 
 with the legislation itself of the Council of Trent, and 
 with the principles of right and justice, the vexed ques- 
 
272 TEE EIGHTS OF THE CLERGY VINDICATED. 
 
 tion as to the extent to which the power of suspending 
 extra-judicially, or ex informata conscientia, can be ex- 
 tended. 
 
 This view of the question is confirmed in my mind by the 
 late " Instructio" Quamvis, 20 July, 1878, of the Sacred 
 Congregation of the Propaganda. It is there stated (N. 
 4) that a missionary rector of whose removal there is 
 question, must be informed " per extensum," by letter, of 
 the cause of his removal. There is one case mentioned, 
 in which prudence may forbid to state "per extensum" 
 the cause prompting his removal, viz.: "in casu criminis 
 occulti." This shows that occult crimes must some- 
 times be brought before the quasi-judicial Council for 
 investigation. The obvious and natural inference from 
 this is, that all occult crimes which can be investigated 
 by the Council, should be brought before it, leaving only 
 those to be dealt with by the procedure ex informata 
 conscientia which the quasi-judicial Council or Com- 
 mission of Investigation appointed by the bishop cannot 
 reach. 
 
 Smith, in his Notes, etc., says, that suspension ex infor- 
 mata conscientia for occult crimes, " should be adopted 
 only when scandal to the faithful, or matter of triumph 
 to heretics, and serious injury to the Church, would be 
 the result of an ordinary trial." I certainly cannot, in 
 view of the principle I have just enunciated, agree with 
 him. 
 
 In the Church, and the same may be said of the 
 enactments of Canon Law, every principle is fixed and 
 determined, and no principle is tenable that cannot be 
 
SENTENCES EX INFORMATA CONSCIENTIA. 273 
 
 carried out to its ultimate consequences. The Church is 
 <; the pillar and ground of the truth." She is pre-emi- 
 nently just. Justice inspired every line of her sacred 
 canons ; and, blended with mercy, is found vivifying every 
 one of them. Let men be scandalized at the action of 
 the Church, as were their prototypes of old at the 
 conduct of the Son of God, let heretics triumph in their 
 own way, the Church can never be injured by adhering 
 to the principles of justice ; and to these principles in all 
 the enactments and enforcements of her canons, she will 
 inflexibly adhere till' "time shall be no more." These 
 principles, like God Himself, their author, are immutable 
 and unyielding. They have ever been, and ever will be, 
 the unchanging and unchangeable polar star, guiding 
 the Church in all her canonical legislation, amidst the 
 sea of passions and prejudices, and misconceptions and 
 errors, in which men here below are continually tossed. 
 When truth and justice require her to act, the faith- 
 ful will not be scandalized : heretics may rave, but the 
 Church herself will shine forth as she has ever done from 
 the beginning, the fearless champion of truth, right and 
 justice, regardless of the consequences. " Fiat justitia, 
 ruat coelum," is a proverb which well expresses the 
 attitude of the Catholic Church, when there is question 
 of the rights of God or man. 
 
 Besides, how can any intelligent, or even ordinarily 
 well-instructed Catholic, be scandalized at canonical 
 trials for even grievous crime which is not public ? They 
 should rather, it seems to me, be edified, to see and know 
 how carefully the Church guards the purity and sanctity of 
 
274 
 
 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 the Priesthood, and the honor of the Catholic Church. 
 
 
 
 They may have human pity for the culprit who has 
 disgraced his dignity, and brought merited punishment 
 on himself, but they cannot but rejoice in their Catholic 
 hearts, to see the honor of religion vindicated. Should 
 they even be scandalized, it can, at most, be but a 
 Pharisaical scandal, which no one is bound to regard, 
 much less bishops and priests. 
 
 Again, what triumph can it be to heretics to know 
 that an unworthy priest is arraigned before the bar of an 
 ecclesiastical court to answer for his misdeeds ? Should 
 the fact of a priest's delinquency be known to them, is it 
 not a vindication, even in their eyes, of the Church's 
 honor and sanctity, to know likewise that he was 
 arraigned for his crime and suffered the just punishment 
 thereof? Do not they themselves, having preserved, 
 amongst others, this principle of Catholicity, summon 
 their ministers before their church tribunals, to answer 
 any serious charge made against them ? In fact we 
 recognize in their conduct on these occasions another 
 verification of the words of the Gospel: " The children of 
 this world are wiser in their generation than the children 
 of light." For Protestant sects never condemn their 
 ministers without a formal investigation. 
 
 The learned author to whom I allude, might as well, it 
 seems to me, have said at once, that suspension ex 
 informata conscientia can be inflicted for all occult crimes, 
 as to have made the restriction he has. For, in every 
 case, without any exception, when there is question of 
 occult crime, the inconveniencies he mentions will to a 
 
SENTENCES EX INFORMATA CONSCIENTIA. 275 
 
 greater or less degree result from a canonical or quasi- 
 judicial investigation, or at least the bishop may judge 
 that such inconveniencies will result, and then farewell 
 to all canonical proceedings for any and every occult, 
 and even, for that matter, public crime, for the same 
 inconveniencies more or less attend both. This in fact is 
 the plea which must answer for the terrible abuse that 
 has been made in the United States of the suspension ex 
 inforntata conscientia. 
 
 With the Council of Trent before me, the only inquiry, 
 it seems to me, to be made, when there is question of 
 proceeding extra-judiciall y, or ex inforntata conscientia, is : 
 Can the general law of the Church requiring a canonical 
 investigation be enforced ? If it can, let a canonical 
 investigation take place. No one can do wrong by 
 obeying the Church, no matter what the consequences 
 may be. If the general law of the Church, or for these 
 United States now, the special law of a quasi-judicial 
 investigation cannot be employed, then let the exception, 
 or the procedure ex informata conscientia, come forward 
 to perform its legitimate function, and put an end to evil. 
 
 In the view I have taken of this question, conformable, 
 it seems to me, to the minds of the Fathers of Trent, to 
 the dictates of right reason and impartial justice, I am 
 strengthened and confirmed by the consideration of the 
 nature of the power of proceeding extrajudicially, or ex 
 informata conscientia. What, in fact, is this power? It 
 is the power of inflicting on an individual a punishment 
 sometimes worse than death itself, for many a priest, if 
 he had the choice, would prefer death. There is question 
 
276 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 in suspension ex informata conscicntia of inflicting such a 
 punishment, without giving any reason whatever for it, and 
 without giving the culprit any opportunity of defending him- 
 self. In this dread and terrible punishment, there is but 
 one single ray of light to illumine the gloom of grief and 
 agony that shrouds the soul in consequence, and to 
 mitigate the severity of the chastisement, and that is the 
 privilege which the Church herself confers, of having 
 recourse to the mercy and clemency of the Holy Roman 
 See. 
 
 Who, therefore, does not see at a glance r that this 
 power of suspending ex informata conscientia, is one which 
 the Church, so just, so merciful, so considerate in all 
 her dealings with her children, so uncompromisingly 
 opposed to the very appearance of injustice, wishes to be 
 employed for occult crime, only when there is no other 
 possible means of reaching the disorder, or when a 
 canonical or quasi-judicial investigation cannot possibly 
 be had ? It is opposed to all our feelings and instincts of 
 justice, and to all we know of the Church's mercy and 
 clemency, to suppose that this power could be any thing 
 else but an exceptional power, to be used for occult crime 
 only when the general and common law of the Church 
 is unable to take cognizance of it. For such an emer- 
 gency alone, was it granted by the Church, as the Coun- 
 cil of Trent seems to insinuate, or rather imply. 
 
 Even military tribunals in time of war, which adminis- 
 ter justice most expeditiously, do not dare to exercise a 
 power equal to that of passing sentence extra-judicialiy, or 
 ex informata conscientia, possessed by all the bishops of 
 
SENTENCES EX IXFOEMATA. CONSCIENTU. 277 
 
 the Church. Does not this alone prove, that a power 
 which exceeds in rigor that of any tribunal on earth was 
 intended by the Church to be employed only when all 
 other means are unable to remedy the evil? 
 
 The exercise of this power of suspending ex informata 
 conscientia, otherwise than in cases in which the ordinary 
 and general laws of the Church cannot reach the evil, is, 
 in fine, diametrically opposed to the instructions and 
 admonitions of the venerable Fathers themselves of the 
 Council of Trent. In Sess. xiii., c. i de Refor., they ad- 
 monish bishops to be pastors over their clergy, not 
 persecutors, " percussores ; " to love them as children 
 and brethren, " tanquam filios et fratres;"to Leave no 
 means untried, before unsheathing the sword of justice, 
 to lead back the erring into the path of rectitude ; and 
 finally, when punishment does become necessary, to blend 
 in the infliction thereof, " mildness with rigor, mercy 
 with judgment, and lenity with severity." 
 
 III. What proofs, or evidence of occult crime is 
 required, that a bishop may act extra-judicially, or ex in- 
 formata conscientia ? A few words will suffice to explain 
 this point. 
 
 Smith, in his Nates, etc., says, the private information on 
 which the bishop acts in suspending ex informata conscien- 
 tia, must be " incontrovertible." And again : " It must 
 not be founded upon mere conjecture, but upon moral 
 certainty. . . . An indubitable and certain information is 
 essential." 
 
 Even when the information is "incontrovertible," and 
 sufficient to produce "moral certainty," even when it is 
 
278 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 "indubitable and certain," it may not always justify an 
 ecclesiastical superior in suspending ex in for mat a consci- 
 entia. For this, the information must not only be 
 "incontrovertible," "morally certain," "indubitable and 
 certain" in itself, but moreover available, as Bouix teaches, 
 Trac. de.jud., to prove the crime satisfactorily to the 
 Sacred Congregation of the Council. 
 
 From private information, marked by all the qualities 
 enumerated by Smith, "incontrovertible,*' "indubitable 
 and certain," and " morally certain," a bishop may be sure 
 of the commission of a crime; yet with all this, if his 
 private information is of such a nature that it could not 
 be brought in evidence before the Sacred Congregation, 
 he would not be justified in using this knowledge to sus- 
 pend extra-judicially, or ex informata conscientia. For this 
 Bouix gives two reasons. I. The natural law forbids any 
 Judge to use his own private knowledge to pass sentence of 
 condemnation on the guilty. On this point all doctors agree 
 ' unanimously. 2. He who has been suspended ex informata 
 conscientia, has the right of recourse to the Holy See. 
 Now, if the private knowledge, upon which the bishop 
 bases his suspension, though more than sufficient in his 
 own mind to convict of crime him whom he thus suspends, 
 but would not be sufficient to prove it before the Sacred 
 Congregation of the Council, this latter will most un- 
 doubtedly reverse his decision, and perhaps reprove the 
 bishop for his imprudence. For, no matter how sure he 
 may be that the crime was committed, as long as he 
 cannot prove it satisfactorily to Rome, he will appear in 
 the awkward and unenviable light of being unjust to his 
 
SENTENCES EX INFORMATA CONSCIENTIA. 279 
 
 subject, and of persecuting an unoffending and innocent 
 priest. 
 
 In conclusion, to sum up all in one sentence, the entire 
 question of suspension extra-judicially, or ex informata 
 conscientia, is a power which can be employed against 
 occult crimes solely, and then only when there is no 
 possibility of a canonical investigation, and when, more- 
 over, the evidence of the crime is sufficient to prove it 
 satisfactorily before the Sacred Congregation of the 
 Council. 
 
CHAPTER XXI. 
 
 The "instructio" of the sacred congregation of 
 the propaganda, as to the method to be ob- 
 served by the bishops of the united states, in 
 taking cognizance of, and adjusting the criminal 
 and disciplinary causes of clergymen. instruc- 
 tio s. congregations de propaganda fide de 
 modo servando ab episcopis federatorum septen- 
 trionalis america statu um in cognoscendis et 
 definiendis causis (a) criminalibus et disciplin- 
 ar1bus clericorum. 
 
 Quamvis Concilium Plenariura Baltimorense II., ab 
 Apostoiica Sede recognitum, certain quamdam judicii 
 formam, jam antea a Concilio Provincial! S. Ludovici 
 sancitam in criminalibus clericorum causis ab ecclesias- 
 ticis curiis dicecesium Fcederatorum Septentrionalis Am- 
 ericas Statuum pertractandis servandam esse decreverit, 
 experientia tamen compertum est, statutum judicii ordi- 
 nem haud (b) undequaque parem esse ad querelas eorum 
 praecavendas, quos poena aliqua mulctari contigerit. 
 Saepe enim postremis hisce temporibus accidit, ut pres- 
 byteri judiciis ea ratione initis latisque sententiis dam- 
 nati, remoti praesertim ab officio rectoris missionarii, hue 
 illuc de suis Praelatis conquesti fuerint, et frequenter 
 etiam ad Apostolicam Sedem recursus detulerint. 
 Dolendum autem est(c)non raro evenire,utintransmissis 
 
" INSTRUCTIO ' ' OF JULY 20, 1878. 281 
 
 actis, plura eaque necessaria desiderentur, atque, perpensis 
 omnibus gravia saepe dubia oriantur, circa fidem docu- 
 mentis hisce, in causis allatis, habendam, vel dene- 
 gandam. 
 
 Quae omnia Sancta Congregatio Fidei Propagandas 
 praeposita serio perpendens, aliquod remedium hisce in- 
 commodis parandum, ac ita (d) justitiae consulendum 
 esse censuit, ut neque insontes clerici per injuriam poena 
 afficiantur, neque alicujus criminis rei ob minus rectam 
 judiciorum formam a promerita poena immunes evadant. 
 Quod quidem facili pacto obtineret, si omnes praescrip- 
 tiones a Sacris Canonibus sapienter editas (e) pro eccle- 
 siasticis judiciis, praesertim criminalibus, ineundis et 
 absolvendis servandas omnino esse prasciperet. Verum 
 animo reputans, in praedictis Fcederatorum Statuum 
 regionibus id facile servari non posse, ea ratione provi- 
 dendum esse duxit, ut saltern illae de admisso crimine 
 accurate (f) peragantur investigationes, quae omnino 
 necessariae existimantur, antequam ad pcenam irrogan- 
 dam deveniatur. 
 
 Itaque SSmo. Domino Nostro Divina Providentia PP. 
 Leone XIII. approbante, in generalibuscomitiis habitisdie 
 25 Junii 1878, S. Congregatio decrevit, ac districte (g) 
 mandavit, ut singuli memoratae regionis sacrorum Antis- 
 tites, in Dicecesana Synodo quamprimum convocanda, 
 quinque, aut, ubi ob peculiaria rerum adjuncta, tot haberi 
 nequeant, tres saltern presbyteros, ex probatissimis, (h) 
 et quantum fieri poterit in jure canonico peritis seligant, 
 quibus, consilium quoddam judiciale, seu, ut appellant, 
 Commissio Investigationis constituatur, eidemque unum 
 
282 THE RIGHTS OP THE CLERGY VINDICATED. 
 
 ex electis prasficiant. Quod si ob aliquam gravem (i) 
 causam Synodus Dioecesana statim haberi nequeat, quin- 
 que, vel tres, prouti supra, per Episcopum interim 
 ecclesiastici viri ad munus de quo agitur deputentur. 
 
 Commissionis ita constitutae (j) princeps erit officium 
 criminales atque disciplinares presbyterorum aliorumque 
 clericorum causas, juxta normam mox proponendam, ad 
 examen revocare, rite cognoscere, et ita episcopo, in 
 ipsis definiendis, auxilium prasbere. Satagant propter- 
 ea oportet ad hoc munus electi, ut accurate (k) fiant in- 
 vestigationes, ea proferantur testimonia, atque a prae- 
 sumpto reo omnia exquirantur, qua? ad veritatem 
 eruendam necessaria censentur, ac ad justam sententiam 
 tuto prudenterque ferendam certa vel satis firma argu- 
 menta suppeditent. 
 
 Quod si de alicujus (1) Rectoris Missionis remotione 
 agatur, nequeat ipse a credito sibi munere dejici, nisi 
 tribus saltern praedictae Commissionis membris per 
 Episcopum ad causam cognoscendam adhibitis, eorum- 
 que consilio audito. 
 
 Electi Consiliarii in suscepto(m) munere permanebunt 
 ad proximam usque Dicecesanas Synodi celebrationem, in 
 qua, vel ipsi confirmentur in officio vel alii designentur. 
 Quod si interim, morte, (n) vel renunciatione, vel alia 
 de causa, praescriptus Consiliorum numerus minuatur, 
 Episcopus, extra Synodum, alios in deficientium locum, 
 prout superius statutum est, sufficiat. 
 
 In causis cognoscendis, iis praesertim in quibus (o) de 
 Rectore Missionario definitive a suo officio amovendo aga- 
 tur, judicialis Commissio hanc sequetur agendi rationem. 
 
" instructio " of july 20, 1878. 283 
 
 i. Ad Commissioner:} Investigationis non recurratur, 
 nisi prius clare et praecise exposita ab Episcopo causa ad 
 dejectionem finalem movente, et ipse Rector Missionarius 
 malit rem ad Consilium deferri, quam se a munere et 
 officio sponte dimittere. 
 
 2. Re ad Consilium delata, Episcopus, vicario suo 
 generali vel alii sacerdoti ad hoc ab ipso deputato, 
 committat, ut relationem causae in scriptis conficiat, cum 
 expositione investigationis eo usque peractae, et circum- 
 stantiarum, quae causam vel ejusdem demonstrationem 
 specialiter afficiant. 
 
 3. Locum, diem, et horam opportunam ad convenien- 
 dum indicet, idque per litteras ad singulos Consiliarios. 
 
 4. Per litteras etiam Rectorem Missionarium de quo 
 agitur, ad locum et diem constitutum ad Consilium 
 habendum advocet, exponens nisi prudentia vetat, uti in 
 casu criminis occulti, causam ad dejectionem moventem, 
 per extensum, monensque ipsum Rectorem, ut respon- 
 sum suis rationibus suffultum ad ea praeparet in scriptis, 
 quae in causae expositione, vel jam antea oretenus, vel 
 tunc in scriptis relata fuerint. 
 
 5. Convenientibus Consiliariis tempore et loco prae- 
 finitis, praecipiat Episcopus silentium servandum de iis 
 quae in Consilio audiantur ; moneat Investigationem non 
 esse Processum Judicialem, sed eo fine habitam, et eo 
 modo faciendam, ut ad cognitionem veritatis diligentiori 
 qua poterit ratione perveniatur, adeo ut unusquisque 
 Consiliarius, perpensis omnibus, opinionem de veritate 
 factorum, quibus causa innititur, efformare quam accurate 
 possit. Moneat etiam, ne quid in lnvestigatione fiat, 
 
284 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 quod aut ipsos, aut alios periculo damni vel gravaminis 
 exponat, praesertim ne locus detur actioni libelli famosi, 
 vel alii cuicumque processui coram tribunali civili. 
 
 6. Relatio causae legatur coram Consilio ab Episcopi 
 officiali, qui etiam ad interpellationes respondebit, a pre- 
 side, vel ab aiiis Consiliariis per prassidem faciendas ad 
 uberiorem rei notitiam assequendam. 
 
 7. Deinde in Consilium introducatur Rector Missiona- 
 rius, qui responsum a se confectum leget, etad interpella- 
 tiones similiter respondebit, facta ipsi plena facultate ea 
 omnia in medium afferendi, intra tempus tamena Consilio 
 determinandum, quse ad propriam defensionera conferre 
 possunt. 
 
 8. Si contingat Rectorem Missionarium de cujus causa 
 agitur, nolle ad Consilium accedere, iterum datis litteris 
 vocetur, eique congruum temporis spatium ad comparen- 
 dum prasfiniatur, et si ad constitutum diem non compa- 
 ruerit, dummodo legitime pragpeditus non fuerit, uti con- 
 tumax habeatur. 
 
 - 9. Quibus omnibus rite expletis, Consiliarii simul con- 
 silia conferant, et si major pars Consiliarorium satis constare 
 de factis arbitretur, sententiam suam unusquisque Consil- 
 iarius in scriptis exponat, rationibus quibus nititur ex- 
 pressis ; conferantur sententiae ; acta in Consilio ab Epis- 
 copi officiali redigantur, a praeside nomine Consilii sub- 
 scribantur, et simul cum sententiissinguiorum inextenso, 
 ad episcopum deferantur. 
 
 10. Quod si ulterior investigatio necessaria vel congrua 
 videatur, eo ipso die vel alio ad conveniendum a Consilio 
 constitute, testes vocentur, quos opportunos Consilium 
 
"INSTRUOTIO" OF JULY 20, 1878. 285 
 
 judicaverit, audito etiam Rectore Missionaries de iis quos 
 ipse advocandos esse voluerit. 
 
 ii. Singuli testes pro causa seorsim et accurate exami- 
 nentur a prseside, et ab aliis per prsesidem, absente pri- 
 mum Rectore Missionario. Non requiratur juramentum, 
 sed si testes ipsi non renuant, et se paratos esse declarent 
 ad ea quae detulerint juramento, data occasione, confir- 
 manda, fiat adnotatio hujusmodi dispositions, seu de- 
 clarationis in actis. 
 
 12. Consentientibus testibus, et dirigente prudentia 
 Consilii, repetatur testimonium coram Rectore Mission- 
 ario, qui et ipse testes si voluerit, interroget per praesi- 
 dem. 
 
 1 3. Eadem ratione qua testes pro causa, examinentur tes- 
 tes contra causam. 
 
 14. Collatis tunc Consiliis, fiat ut supra, No. 9. 
 
 15. Quod si testes nolint aut nequcant Consilio as- 
 sistere, vel eorum testimonium nondum satis luculentum 
 negotium reddat, duo saltern ex Consilio deputentur, qui 
 testes adeuntes, loca invisentes, vel alioquocumque modo 
 poterunt, lumen ad dubiasolvenda requirentes, relationem 
 suae investigationis ad Consilium deferant, ut ita nulla 
 via intentata relinquatur ad verum moraliter certo cog- 
 noscendum, antequam ad sententiae prolationem devenia- 
 tur. 
 
 16. Omnia acta occasione judicii in medium allata, 
 accurate in Curia Episcopali custodiantur, ut in casu 
 appellationis commode exhiberi valeant. 
 
 17. Si vero contingat, ut a sententia in Curia Episcopali 
 prolata ad Archiepiscopalem provocetur, Metropolita- 
 
286 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 nus, eadem methodo, in causae cognitione et decisione 
 procedat. 
 
 Datum Romas, ex aedibus praefatae S. Congregationis, 
 die 20 July, anni 1878. 
 
 Joannes, Cardinal Simeoni, Prcefectus. 
 
 Joannes Baptista Agnozzi, Secretarius. 
 
CHAPTER XXII. 
 
 A BRIEF COMMENTARY ON THE PRECEDING " INSTRUCTIO." 
 
 Note. The letters a, b, c, d, etc., in the following commentary, are refer- 
 ences to the first part, or introduction of the "Instructio" given in the 
 preceding chapter, and are marked therein in the same manner. The references 
 in the commentary marked I, 2, 3, 4, etc., indicate the paragraphs marked 
 thus in the "Instructio." 
 
 Fully aware of the importance of the Document given 
 in the preceding chapter upon which I purpose now to 
 make a few comments, and impressed with a profound 
 veneration and love for the august authority whence it 
 emanates, our Holy Father, Leo XIII., " quern Deus nobis 
 diu sospitem servet," I declare beforehand my full and 
 entire submission to any interpretation that may be given 
 to it, by its only authorized interpreter, the Sacred 1 Con- 
 gregation of the Propagation of the Faith. 
 
 Although this important document must be interpreted 
 an pied de la lettre, nevertheless, the principles of canon 
 law, of judicial informations, and of canonical trials, given 
 in the foregoing chapters, will be an immense help to 
 understand it well. The principles contained in the 
 authentic documents pertaining to canonical procedure, 
 and the Decisions of Sacred Congregations found in these 
 chapters, as well as the eminent canonist Bouix, will be 
 my guides in the following brief commentary. 
 
 The motives determining the promulgation of the above 
 " Instructio " by the Sacred Congregation of the Propa- 
 
288 TEE RIGBTS OF TEE CLERGY VTNDICATED. 
 
 ganda, are mentioned in the first paragraph', viz.: t. 
 Because the form of trial instituted by a Provincial 
 Council of St. Louis, and adopted by the II. Plenary 
 Council of Baltimore, had not proved (b) adequate, " haud 
 undequaque parem esse," for the purpose for which it 
 was enacted, and in consequence, priests who had been 
 punished, especially such as had been removed from their 
 office of Missionary Rectors, complained of their 
 prelates, and frequently even had recourse, to the Holy 
 See. 2. Because it not unfrequently (c) happened, that 
 in the acts of ecclesiastical proceedings transmitted to 
 Rome, many and essential things were wanting ; and all 
 things duly considered, grave doubts often arose as to 
 the amount of faith to be granted or denied the docu- 
 ments in these cases. 
 
 These facts, whilst they show to the bishops and clergy 
 of the United States the necessity of a more thorough 
 knowledge of Canon Law, proved to Rome, that the form 
 of judicial trial promulgated for this country by the II. 
 Plenary Council of Baltimore was not adequate to insure 
 the punishment of those only who deserved punishment. 
 We are left to conjecture what the Sacred Congregation 
 would have said, had they been aware that the Decree 
 marked yy of the II. Plenary Council of Baltimore was 
 very rarely if ever observed in the United States, even 
 " in causis criminalibus." At least it does not appear that 
 they were cognizant of this fact, unless we suppose it 
 was the reason of the positive (g) injunction, " decrevit 
 ac districte mandavit," that this " Instructio " should be 
 conscientiously and rigorously observed. 
 
BRIEF COMMENTARY ON THE " INSTRUCTIO." 280 
 
 If we now inquire into the nature and end of the 
 " Instructio," we will find that it does not enjoin a canon- 
 ical trial, for N. 5 says: " Moneat (Episcopus) investiga- 
 tionem non esse processum judicialem ;" nor can its 
 prescriptions be called a processus informatorius, or an 
 examination of witnesses and documents, to ascertain if 
 it be lawful to summon an individual for trial, or even a 
 simple examination of the case for the same purpose. 
 The investigation of the " Instructio" presupposes that 
 the cause (No. 2) has been already instituted. Hence it 
 is, on the one hand, more than a processus informatorius, 
 and on the other, it does not go as far as a Judicial trial. 
 For the present, the " Instructio " takes the place 
 
 OF THE LATTER (e and f) IN THE UNITED STATES, AND 
 is a thorough (f, j, k, and No. 15) QUASI JUDICIAL (h) 
 INVESTIGATION, MADE IN VIEW OF A JUST (d, f, j, k) 
 PUNISHMENT. 
 
 Most of the formalities and prescriptions laid down for 
 canonical trials are required by the " Instructio." Thus, 
 not only the verbal confrontation, or legitimation of the 
 proceedings (Nos. II, 12 and 13), but even the personal 
 confrontation (No. 12) is sometimes allowed, whilst in 
 regular canonical proceedings, as we have seen, it is only 
 in capital causes that the ecclesiastical tribunal has 
 power to grant the latter (ch. xvii., Tit. xiv.) 
 
 As to the " Consiliarii," they are more than examining 
 officials, (juges d'instruction, ch. xvii., Tit. viii.) Yet they 
 are not judges in the strict sense of the word. They 
 are indeed called (h) " consilium quoddam j'udiciale" and 
 give a decision, " sententiam suam unusquisque Consil- 
 
290 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 iarius in scriptis exponat" (No. 9), but it is certain that 
 this decision is not a definite sentence, for No. 5 says : 
 "Investigationem non esse processum judicialem" and 
 again " Unusquisque Consiliarius. . . . opinionem (No. 5) de 
 veritate factorum. . . . efformare possit." 
 
 ftfrany duties, however, devolving on judges in canon- 
 ical trials, must be performed by the " Consiliarii," and 
 they are granted by the " Instructio " many of the rights 
 pertaining to the same, ex. gr. contestatio litis, examen rei, 
 (Nos. 6 and 7,) repetitio testium, (Nos. 10, 11, 13 and 15), 
 and cotifrontatio testium (No. 12). 
 
 These few observations are sufficient to show how the 
 Counsel, or Commission of Investigation instituted by 
 the " Instructio," takes the place in the United States, 
 for the present at least, of a regular canonical trial, and 
 is a thorough and searching quasi-judicial investigation 
 made in view of a just punishment. Consequently, as I 
 have already remarked, the principles contained in the 
 authentic canonical documents found in the preceding 
 chapters, and the Decisions of Sacred Congregations 
 therein contained, are a great help in the proper under- 
 standing of the prescriptions of the " Instructio." 
 
 Having premised these general remarks, I will now 
 come to particulars. And first, it is of the utmost 
 importance to understand the nature of the " Consilium 
 quoddam judiciale," the manner of instituting it, etc. 
 
 The Counsel, or Commission of Investigation, should 
 consist of five, or at least of three priests. " Each bishop 
 (g) of the United States, in a Diocesan Synod, to be con- 
 voked as soon as possible, will select with care, five, or 
 
BRIEF COMMENTARY ON THE " INSTRUCTTO." 291 
 
 where on account of peculiar circumstances this number 
 cannot be had, at least three priests, of those most 
 acceptable to the clergy, and as far as possible well 
 versed in Canon Law, who will form a quasi-judicial 
 Counsel or Commission of Investigation over which one 
 will be appointed to act as president." 
 
 As I have already remarked, the " Consiliarii " thus 
 selected are more than examining officials, or judges of 
 information (juges d'instruction, ch. xvii., Tit. viii.), and 
 yet they can pass no definite sentence, for they are not 
 judges. They are called "Consiliarii" throughout (m, 
 and Nos. 3, 5 and 9) the " Instructio," and together, form 
 a Counsel, or Commission of Investigation, to aid the 
 bishop in passing a just sentence. 
 
 A most important point to ascertain with regard to 
 the "Consiliarii" is, whether the term is to be taken in 
 the canonical sense of the word. Bouix, trac. de jud. 
 eccl.,par. 2, sec. 2, c. xii., will help us much in this research. 
 
 "Quid sint assessores? Hi (ait Schmalzgrueber) ab 
 assidendo sic dicti sunt, quod eum in finem assumantur, ut 
 judici assideant, eumque suo consilio in judicando adjuvent : 
 unde etiam Consiliarii vocantur. Assessor is est, 
 quern ille qui judicandi potestatem habet, sibi associat, 
 ut ei assideat et assistat, et ad recte causam dicendam 
 eum instruat. Ex qua descriptione, desumi potest, quod 
 assessoris officium versatur. . . . ut invigilet ad veritatem 
 indagandam, et qui juris sit judicem instruat." Pellegrini, 
 praxis vicariorum, par. 4, sec. 16, n. 20. 
 
 Now, the office and duties of " assessors," as laid down 
 by these three eminent canonists, Bouix, Schmalzgrueber 
 
212 THE RIGHTS OF THE CLERGY YTNDICATED. 
 
 and Pellegrini, perfectly agree with the office and duties 
 of the " Consiliarii," as put forth in the " Instructio." For, 
 the duties expressed by these words, " ut invigilet ad 
 veritatem indagandam," is clearly expressed in f, j, k, and 
 Nos. 5 and 15, and those conveyed by these words: " Et 
 qui juris est judicem instruat," is explicitly affirmed in j, 
 and No. 9 of the " Instructio." 
 
 It may be objected that the "Consiliarii" of the 
 " Instructio" do not sit in judgment with the bishop, or 
 judge, as the latter is not supposed to be present at their 
 deliberations, constituting as they do simply a Com- 
 mission of Investigation (h), and not a judicial (No. 5) 
 tribunal properly so called. To this I answer, that the 
 officialty of "assessores," which, as we have seen, has 
 the same meaning precisely as Consiliarii, is not at all 
 essential to a trial, as may be seen in any work on Canon 
 Law ; but has simply for object to subject the case to a 
 careful examination and strict investigation for the 
 ascertaining of the whole truth in the matter, so that 
 from the information thus acquired they may be enabled 
 to instruct the judge in what is right in the premises, 
 and thus help him to pass a just and impartial sentence. 
 
 The next question that suggests itself is : Who are 
 eligible to this important office of " Consiliarius?" The 
 " Instructio" does not require too many qualifications, 
 and this purposely no doubt, to render the selection less 
 difficult, and to obviate beforehand the objection that 
 suitable persons could not be found. 
 
 It prescribes, however, that five, or when that number 
 cannot be had, three priests at least, be chosen, who will 
 
BEIEF COMMENTARY ON THE " INSTEUCTIO." 21)3 
 
 form a quasi-judicial Counsel, or Commission of Investi- 
 gation ; that these be selected in Synod tvith the utmost care, 
 M seligant; " that they be most acceptable to the clergy, " ex 
 probatissimis," and that, if possible,they be well versed in 
 Canon Law, "quantum fieri poterit injure canonico peritis." 
 These are the general rules laid down by the " Instructio " 
 for the selection of the "Consiliarii." 
 
 It is clear from the text (g) of the " Instructio," that 
 as a rule, the " Consiliarii" must be chosen in Synodo. It 
 is only when for some grave reason (i) a Synod cannot 
 be called immediately, or some unforeseen cause (n) 
 " morte, aut renunciatione, vel alia de causa," demands 
 it, that the bishop can appoint them extra Synodum. 
 
 The next point of importance is to ascertain how the 
 M Consiliarii" are created. Is it by a vote of the clergy 
 in Synod assembled, or by the appointment of the bishop ? 
 The " Instructio " evidently confers on the bishop (g and n) 
 the appointment, or power of selecting the " Consiliarii." 
 
 It may be objected, that if the selection of the 
 " Consiliarii" is not made by a vote of the clergy, but by 
 the bishop himself, there is no reason why a Synod 
 should be called, a point upon which the "Instructio" 
 rigorously insists, unless some grave motive interferes 
 with its convocation. 
 
 To this I answer, that a very good and substantial 
 reason for selecting the " Consiliarii" in Synod is, that it 
 has been prescribed by Rome, and this most rigorously, sub 
 pcena obedientics, " DECREVIT (S. C.) AC DISTRICTE MANDA- 
 vit." Besides, there are very good reasons why the 
 bishop should select them in Synod. For, the "Consiliarii " 
 
294 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 must be chosen with the greatest care, " seligant ;" they 
 must be priests most acceptable to the clergy, " ex pro- 
 batissimis ;" and finally, they must be men, as far as such 
 can be found, well versed, " peritis," in Canon Law. Now, 
 how will the bishop know who are the clergymen of the 
 diocese, possessed of the above qualifications, especially 
 that which requires that they be most acceptable to the 
 clergy? It is evident that a Synod, or assemblage of the 
 clergy, is the most proper, the surest, and the easiest means . 
 of ascertaining this. None know better each other's 
 qualifications than the clergy themselves. The bishop 
 surrounded with his clergy in Synod can discuss the 
 matter with them, consult them, hear their suggestions 
 and opinions as to the fittest men for the office, and be 
 thus enabled to appoint men who will not only perform 
 creditably to themselves and to the bishop the duties of 
 their office, but will also be most acceptable, " ex pro- 
 batissimis," to the clergy. Hence the importance Rome 
 attaches to having the " Consiliarii " appointed in Synodo. 
 Thus far we have seen the nature and duties of the 
 "Consiliarii;" who amongst the clergy are to be chosen 
 for this office, viz. : those most acceptable to them and 
 best versed in Canon Law; and how and when they are to 
 be appointed. I need scarcely add that the " Conciliarii " 
 ought to be honest, upright, sterling, conscientious men, 
 unbiassed, impartial and unprejudiced, profoundly 
 impressed with their responsibility, and the consequences 
 of their acts. Relatives of the bishop ought not to be 
 selected, as we may infer a pari from a Provincial Roman 
 Council of 1725, nor should brothers act in the same 
 
BRIEF COMMENTARY ON THE " INSTRUCTIO." 295 
 
 Council, as we may also infer a pari from the Decision 
 given, ch. xvii. Tit. xvii. 
 
 The " Instructio" says (n) : " Quod si interim, morte, 
 aut renunciatione, vel alia de causa, praescriptus Consili- 
 ariorum numerus minuatur." The first two causes men- 
 tioned, death or resignation, offer no difficulty. But 
 what causes are included in the "alia de causa"? It 
 might be answered, sickness, or the unavoidable absence 
 of one or more of the " Consiliarii." May not, however, 
 be included in this expression " alia de causa," cases in 
 which the duly appointed "Consiliarii" cannot justly 
 take part in the " Counsel," without frustrating, to 
 a certain or 'even great extent, the aim of the law, 
 because they become unacceptable, or are no long- 
 er " ex probatissimis" ? Such cases may easily arise. For 
 example, if one of the " Consiliarii " has himself to undergo 
 a quasi-judicial examination, it is evident that he cannot 
 be the subject of investigation, and at the same time 
 remain a member of the Commission of Investigation. 
 Again, a " Consiliarius " could not with propriety be a 
 member of the quasi judicial counsel, though duly ap- 
 pointed, if he had a similar case before the members 
 thereof, in which he was interested ; or if he himself had 
 been recently punished for an offence similar to that 
 before the Counsel of which he is a legitimate member. 
 
 There are many other cases in which the impropriety 
 and injustice of a "Consiliarius" acting as a member of 
 the Commission of Investigation, are apparent at first 
 sight. I need not particularize them all. They will be 
 found included in the answer of three eminent canonists 
 
296 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 to the question presented below. I would call the 
 attention of my clerical readers to the fact, that I state 
 nothing here or elsewhere in these pages on my own 
 unauthoritative opinion. It would, indeed, be great 
 presumption and folly for me to do so, in such important 
 and delicate matters. 
 
 Bouix, trac. dejud. eccl., par. 2, sec. 2, c. xii., quces. 6, asks 
 the question : " An assessor (another name, as we have 
 already seen, for Consiliarius) recusari possit tanquam 
 suspectus ? " In the application of this question to the 
 " Instructio," the exception may be taken by the bishop, 
 or by the accused. Bouix answers the above question 
 thus : " Potest allegari suspectus ex causa, licet non 
 habeat jurisdictionem : et si judex (in the ' Instructio' 
 the bishop) non admittit suspicionem, fit ipse suspectus." 
 This answer is quoted from Pellegrini,/*. 2, pr<zmisso 3, n 
 26, citans Abbatem Panormitanum. Bouix adds: "Ratio 
 est, quia dando consilium judici, potest in ejus sententiam 
 influere, et sic gravamen alteri ex partibus inferre. Unde 
 parti, qua? gravamen timet, merito conceditur, ut possit 
 arcere assessorem, qui ipsi ex causa suspectus est." 
 
 Exceptions, therefore, against the " Consiliarii," found- 
 ed on good grounds, are in order. The just causes of 
 exception to them may be seen in Chap, xix., where I 
 spoke of the reasons justifying an exception taken against 
 the judge. Evidently the reason adduced by Bouix, for 
 taking exception to " assessores," applies with equal, if 
 not more force, to the " Consiliarii" of the " Instructio." 
 For the latter have the same, if not greater influence over 
 tHe judge, than even the "assessores" in a canonical 
 
BRIEF COMMENTARY ON THE " INSTRUCTIO. '' 297 
 
 trial, as in the latter case the judge is present, whereas 
 he does not preside or take part in the Counsel of the 
 " Instructio," but simply receives the Acta of the same, 
 and bases (no. 9) his sentence thereon. 
 
 I can, therefore, see no reason why the just exceptions 
 taken against one or more of the " Consiliarii" must not 
 be accepted. In fact, were not these just exceptions ad- 
 mitted, all the evils and inconveniencies of which the 
 " Instructio" speaks in the first paragraph, and which it 
 was intended to remedy, would still continue to exist, 
 and the end of its promulgation would be frustrated. 
 For, were the just exceptions of the accused to be dis- 
 regarded, it could scarcely be said of that " Consiliarius," 
 against whom the exception was taken, that he is " ex 
 probatissimis." Were just exceptions against the 
 " Consiliarii " to be ignored, it is per se evident that the 
 Counsel would be powerless to suppress complaints, for 
 the just exceptions of the accused being denied, there 
 would be valid and serious reasons for complaint. A 
 necessary consequence of this, recourse to the Holy See for 
 justice, would be of as frequent occurrence as ever. The 
 very documents of the Counsel sent to the Metropolitan, 
 in cases of appeal, or to the senior bishop, or to Rome, 
 would be tainted with suspicion, as having been gotten 
 up by one or more objectionable members of the Counsel. 
 Finally, according to Bouix, Pellegrini and the " Lucerna 
 Juris," the judge himself, or the bishop, becomes justly 
 suspected, gives ample reason to the accused for appealing 
 to a higher tribunal, or to Rome, and runs the risk of 
 passing an unjust sentence. 
 
^98 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 Is the " Instructio " a law for all the dioceses and vica- 
 riates apostolic of the United States, and binding upon all 
 the prelates thereof ? It is, most undoubtedly. This is 
 evident from the words (g) of the "Instructio" itself: 
 "SSmo. D. N. Divina Providentia PP. Leone XIII. appro- 
 bate, in generalibus comitiis, habitis die 25 Junii, 1878, 
 S. Congregatio DECREVIT AC DISTRICTE MANDAVIT, ut 
 
 SINGULI antistites," etc. We cannot, therefore, 
 
 doubt that the " Instructio " has the force of law for all 
 archbishops, bishops and vicars apostolic through- 
 out THE WHOLE UNITED STATES OF AMERICA. 
 
 What causes must be brought before the quasi-judicial 
 Counsel, or Commission of Investigation? The 
 " Instructio " explicitly answers (a and j ) : " Causae 
 criminales et disciplinares ;" and again, " Criminales at- 
 que disciplinares causae." 
 
 Does the "Instructio" take from the bishops the 
 power of suspending ex informata conscientia, as the 
 words, " in casu criminis occulti " (no. 4) would seem to 
 insinuate? Most assuredly not. For, as I said in Chap, xx., 
 when treating of suspension extrajudicially, or suspension 
 ex informata conscientia, the latter cannot be inflicted for 
 all occult crimes, but in such cases only where a canoni- 
 cal trial, or with us now, a quasi-judicial investigation is 
 impossible. Not often, in fact, is this the case. Occult 
 crimes can almost always be reached and punished by a 
 regular canonical investigation. Hence the words of the 
 "Instructio:" "In casu criminis occulti." This fact, 
 acknowledged by these words of the Sacred Congrega- 
 tion, that occult crimes can be the subject of the quasi- 
 
BRIEF COMMENTARY ON THE " INSTRUCTIO." 299 
 
 judicial investigation, is a proof of the views I advocated 
 on this point, when treating above on suspension ex 
 informata consaentia. 
 
 Another reason why the expression, "in casu criminis 
 occulti," does not infringe on the just exercise of the 
 power of suspending ex informata conscientia, is one taken 
 a pari. According to the decree of Gregory XVI., 
 instituting ecclesiastical tribunals of justice for all the 
 Pontifical States, all sentences are null and void, unless 
 passed by an ecclesiastical court composed of the 
 ordinary, or vicar-general, and four judges ; yet this law 
 does not derogate from the sentence ex informata con- 
 scientia. In like manner a pari, the " Instructio " does 
 not interfere with the just exercise of this power. The 
 quasi-judicial investigation of the " Instructio," therefore, 
 is prescribed for all causes disciplinary, as well as crim- 
 inal, as also for all cases of occult crime, when such 
 investigation is possible. 
 
 Was the " Instructio " intended only, or chiefly, to 
 settle the difficulties of Missionary Rectors? 
 
 All clergymen, from the tonsured clerk to the ordained 
 priest, charged with any serious fault contra mores, vel 
 disciplinam, have now the right to a quasi-judicial 
 investigation of their case, according to the method laid 
 down by the " Instructio." It is said in the " Instructio " 
 (o) : " lis praesertim (causis) in quibus de Rectore Missiona- 
 rio. . . . agatur." This sentence, whilst it indicates that 
 the " Instructio" was primarily and chiefly intended to 
 settle all causes having reference to Missionary Rectors, 
 intimates at the same time that it can be applied also to 
 
300 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 others besides Rectors. This is evident from the 
 qualifying adverb prasertim. 
 
 From N. i, indeed, until the end, " Rectores Missio- 
 nary " alone are mentioned, yet there can be no doubt 
 that the prescriptions of the "Instructio" must be 
 applied to all clergymen, "in causis criminalibus et disci- 
 plinaribus." For the " Instructio " speaks (o) of causes 
 in general, "in causis cognoscendis, " which implies, of 
 necessity, not those alone of Missionary Rectors, but of 
 all others, and again (j) it is said: "criminales atque 
 disciplinares presbyterorum aliorumque clericorum 
 causas." 
 
 As to the paragraph marked /, beginning Quod si, it 
 does not mean, that the norma agendi mentioned therein, 
 must be employed whenever there is question of changing 
 a Missionary Rector. The intent of this paragraph is, 
 simply to require the bishop to lay the matter before 
 three at least of the " Consiliarii," and consult them, 
 and advise with them, before removing a Missionary 
 Rector against his will. For all other cases, Missionary 
 Rectors, as well as assistants, can be removed as hereto- 
 fore, " ad nutum episcopi." Yet, there must be always a 
 good and sufficient reason for each removal, otherwise the 
 bishop may be obliged to reinstate him in his former 
 position, as has several times happened in this country. 
 
 Nos. i, 2, 3 and 4 of the " Instructio," suppose a pre- 
 liminary information to have been taken, to ascertain if 
 it be lawful to summon the accused before the Commis- 
 sion of Investigation. This is done by an examination of 
 witnesses, documents, etc. I have already spoken, in Chap. 
 
BRIEF COMMENTARY ON THE " IN8TRUCTIO." 301 
 
 xix. (Processus Summarius) of the different ways of pro- 
 cedure in canonical trials. 
 
 If the accused is brought to trial per viam accusationis, 
 which is now of rare occurrence, a preliminary informa- 
 tion is not required, for the simple reason that the accuser 
 takes upon himself the onus probandi. Should he fail to 
 prove the crime against the one whom he accused, and 
 the accusation is shown to have been instigated by malice, 
 he is liable to be punished as a calumniator. 
 
 When the accused is brought to trial per viam denuncia- 
 tionis, a preliminary examination is necessary, as a semi- 
 plena probatio of the crime is required before proceedings 
 are taken against the accused. 
 
 But the way now ordinarily followed to bring the 
 accused to a canonical trial is per viam inquisitionis. The 
 procedure prescribed by the " Instructio," is per viam 
 inquisitionis specialis quoad personam et delictum. In the 
 preliminary examination of the case, which must be made 
 before the investigation prescribed by the "Instructio" 
 can be instituted, there ought to exist a semi-plena probatio, 
 at least, of the guilt of the accused. Semi-plena probatio 
 " ilia est ex qua judex, valde probabiliter, veritatem de 
 re controversa introspicit, non tamen certam habet." 
 Bouix. Plena probatio " ilia dicitur quae plenam fidem 
 facit judici, de re in judicium deducta, seu quae eum in 
 causam instruit, ut nullo alio ulterius requisito, senten- 
 tiam ferre, et controversiam definire possit." lb. The 
 different kinds of plena and semi-plena probatio may be 
 found in any treatise de fud. eccl. 
 
 Although previa infamia may be called a semi-plena 
 
302 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 probatio, yet it is more prudent and more conformable to 
 justice, to have secured at least a semi-plena probatio in the 
 ordinary acceptation of the word, by the preliminary in- 
 formation, before the formal quasi-judicial investigation 
 by the Counsel is made. Prcevia infatnia, in the Consti- 
 tution of Innocent III., Qualiter et quando, which I have 
 given at length in Chap, xvi., is authoritatively defined as 
 follows : " Si per clamorem et famam ad aures Supenons 
 pervenerit, non quidem a malevolis et a maledicis, sed a 
 providis et honestis ; nee semel tantum, sed saspe, quod 
 clamor innuit et diflfamatio manifestat." 
 
 Let us now make the application of these canonical 
 prescriptions to the " Instructio." No. I supposes that 
 the accused knows of the preliminary information before 
 his citation. He is of course free to approach the judge, 
 or his bishop, and adjust matters with him, rather than 
 undergo a quasi-judicial investigation. 
 
 It is certain that a preliminary examination of the case 
 to be investigated by the Counsel is prescribed by the 
 " Instructio," for in No. 2 we find these words: "Cum 
 expositione investigationis eo usque peractce." Besides, 
 without such preliminary examination, it would be im- 
 possible to comply with the prescriptions Nos. 1, 2, and 
 4 of the " Instructio." 
 
 The question arises, Is it necessary that a semi-plena 
 probatio of the crime be obtained in this preliminary ex- 
 amination, before the accused is cited to appear before 
 the Counsel? This is not formally and specifically 
 required, but it is certain, that the "Instructio" insinu- 
 ates and implies that such proof ought to exist, for No. 2 
 
BRIEF COMMENTARY ON THE " INSTRUCTIO." 303 
 
 says : " Ut relationem causae in scriptis conficiat, cum 
 expositione investigationis eo usque peractse, et circum- 
 stantiarum quae causam, vel ejusdem demonstrationem 
 specialiter afficiant." Hence I think it safe to assert, that 
 no one should be cited before the Commission of Inves- 
 tigation, unless a semi-plena probatio at least of his guilt 
 exists. Both prudence and justice seem to demand this. 
 The very act of a clergyman being summoned to answer 
 for crime is more or less detrimental to his good name, and 
 he and religion are more or less injured thereby. It is 
 clear, therefore, it seems to me, that nothing less than a 
 semi-plena probatio of guilt, can justify the authorities in 
 exposing an individual and religion to such inconvenien- 
 cies and evils. 
 
 I have already proved that the accused can take just 
 exception to one or more members of the Counsel. But 
 how should such exception be taken? The proper 
 course for the accused is to write out his exceptions im- 
 mediately upon being summoned, and the proofs upon 
 which they rest, and send them to the bishop, or better 
 still, present them to him in person. If this is not done 
 before the day appointed for the investigation, the 
 " Consiliarii " are tacitly acknowledged by him to be 
 acceptable, and besides the bishop might be unable to 
 replace them by others. 
 
 The manner of Citation indicating the place and day 
 is explicit, and needs no comment. Nothing is said, how- 
 ever, about the interval of time between the citation and 
 the investigation, which should be allowed the accused to 
 prepare for his defence. This was not necessary, as the 
 
304 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 natural law supplies this. The jus naturale peremptorily 
 requires that the accused, according to his circumstances, 
 should be given a sufficient length of time to appear, and 
 get ready his defence. The " Instruction moreover, inti- 
 mates this much. For, according to No. 4, he is cited by 
 letter, which explains per externum the nature and 
 proofs of his offence to which he is invited to reply. Am- 
 ple time, therefore, should be given him to prepare an 
 answer which may be a matter of momentous importance 
 to himself. 
 
 There may be varied interpretations given of the ex- 
 pression, " per externum." but in its natural, obvious sense, 
 it signifies the offence, with all its notable circumstances 
 and particulars, the proofs of the same, the names and 
 depositions of witnesses, etc. ; for the right of lawful defence 
 rigorously requires (Chap, xvii., Tit. xv.) that the accused 
 should be informed of all important points bearing on the 
 accusation, and which, moreover, are necessary to enable 
 him (Chap, xvii., Tit. xv.) to prepare (No. 4) his written 
 answer. 
 
 It may be objected, that this looks more like a defence 
 proper, than a simple answer, " responsum," of which 
 the " Instructio " speaks. I reply, that the expression 
 " responsum " there used, does not by any means exclude 
 the meaning of defence, but rather implies it. If the an- 
 swer is an acknowledgment of guilt, it is of course no 
 defence, except in so far as an humble confession will ever 
 favorably impress a just and compassionate judge, and 
 move him the more to mercy. But if the answer is a 
 complete or partial denial of guilt, or offers evidence of 
 
BRIEF COMMENTARY ON THE "iNSTRUCTIO." 305 
 
 circumstances mitigating, or extenuating the gravity of 
 the offence, although it is only read (No. 7) before the 
 Counsel, and although the latter has not the power to 
 pronounce a definite sentence, nevertheless, the investiga- 
 tion being made in view of a just pu-nishment (d. j. k.), 
 and the written, as well as the oral answers of the accused 
 making without doubt a part of the Acta Consilii, which 
 must be written in the vulgar tongue (Chap, xvii., Tit. ix.), 
 and sent to the bishop (Nos. 9 and 16, Chap xvii., Tit. xviii.), 
 the answer of the accused, if not an acknowledgment of 
 guilt, is most assuredly, in its final destination, a defence 
 in the most rigorous acceptation of the word. 
 
 Not unfrequently, in this country, clergymen are met 
 with, who do not understand the English language, or have 
 but an imperfect knowledge of it. Natural justice sug- 
 gests, in such cases, that they be allowed to answer orally, 
 or in writing, in their own language. This circumstance 
 of priests in a diocese being of different nationalities, 
 and speaking different languages, should be taken into con- 
 sideration by the bishop, in the selection of the " Con- 
 siliarii." 
 
 From the importance of the answer of the accused, 
 which, 1 have just shown, is a true defence, it follows that 
 great care should be taken in its preparation. It suggests, 
 as well as the " Instructio" itself (c), the necessity and 
 importance of a knowledge of Canon Law. If the accused 
 therefore is ignorant of the principles of the latter, it would 
 be advisable for him to ask, in the preparation of his reply, 
 the assistance of a fellow-clergyman better informed in 
 such matters. 
 
306 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 In canonical trials, as we have seen, Chap, xvii., Tit. xvi., 
 poor clergymen have a right to an advocate for their 
 defence, appointed by the episcopal court. The reason 
 tor this just provision exists equally in the quasi-judicial 
 investigation, and therefore, a pari, a clergyman, if he 
 wishes it, ought to be allowed the assistance of a confrere 
 to help him in his defence, although the accused must him- 
 self (No. 7) read his answer to the members of the Commis- 
 sion of Investigation. 
 
 As the official appointed by the bishop (No. 6) performs 
 some 'Of. the duties of the public prosecutor (Chap, xvii., Tit. 
 vi.), and of those of the chancellor in a canonical trial (No. 
 9, and Chap, xvii., Tit. ix.), duties, I need scarcely add, that 
 should be complied with most conscientiously and with 
 the utmost impartiality, the "Consiliarii" can, and it is 
 their duty even, to assume, to a certain extent, towards the 
 accused, the part of an advocate in a canonical trial, especi- 
 ally when they enter into serious deliberation, and ex- 
 change views (No. 9) on the matters submitted to their 
 judgments. In fact, without assuming the duties of an 
 advocate for the accused to a certain extent, they cannot 
 conscientiously comply with the letter of their duties, as 
 marked out by the " Instructio." For, they are obliged 
 to make an accurate investigation (f. k.), and to examine 
 the case carefully, in all its bearings, and under all its 
 aspects, which they cannot well do, without becoming, in 
 one sense, the advocate of the accused. They must, at 
 least, search out and advocate the truth, which will often 
 be a real defence of the accused, and bring to light all 
 mitigating and extenuating circumstances in his favor, 
 
BRIEF COMMENTARY ON THE " INSTRUCTIO." 307 
 
 The object of the " Consiliarii," from the moment they 
 meet to investigate a case, until they are relieved from 
 its consideration, IS NOT SO MUCH TO TRY TO PROVE THE 
 GUILT OF THE ACCUSED, AS TO ASCERTAIN THE WHOLE 
 TRUTH, AND NOTHING BUT THE TRUTH, IN HIS CASE (k, 
 
 and Nos. 5 and 1 5). Their sole and only duty is to dis- 
 cover THE TRUTH, and to make known the same to the bish- 
 op, COUNSELLING HIM TO WHAT THEY BELIEVE IN THEIR 
 CONSCIENCES TO BE JUST AND MERCIFUL IN THE PREMISES. 
 
 Before they form their judgment, or record their opinion, 
 they should seriously call to mind their own responsibil- 
 ity to God and to the bishop, to the priest and to the people ; 
 and then weighing the evidence on both sides, evenly and 
 impartially, in the balance of justice, and in the "scales of 
 the sanctuary," and giving the accused the benefit of every 
 doubt, pronounce their sentence, which should rather lean 
 to the side of mercy, than judgment. " For judgment 
 without mercy to him that hath not done mercy ; and mercy 
 exalteth itself above judgment." St. James, ii., 13. If the 
 " Consiliarii " act in this Christian, just, and merciful spirit, 
 and the accused in his written defence and oral answers 
 (an oath cannot be adminstered to him, Chap, xvii., Tit.xii.), 
 keeps himself within due bounds for proving his innocence, 
 or bringing forward the circumstances that mitigate or 
 extenuate his guilt, without animadverting unnecessarily 
 on those who, by false reports, have tried to injure him ; 
 in a word, if he is content to offer to the Counsel a plain, 
 earnest, Christian defence if, I repeat, both the accused 
 and "Consiliarii" act in the above Christian and sacerdotal 
 spirit, there will be no occasion to fear the evil hinted at in 
 
308 THE BIGHTS OF THE CLEKGY VINDICATED. 
 
 the last sentence of No. 5, which I pass over without 
 comment. 
 
 To the prescriptions laid down by the letter of citation, 
 the " Instructio " mentions an exception. In cases of 
 occult crime, " in casu criminis occulti," prudence may 
 forbid to inform the accused "per extensum," of the 
 charge against him. In this case, he cannot be reason- 
 ably expected to prepare a written answer for the day 
 he is required to appear before the Counsel. The examen 
 ret, however, can be made. But, as the natural, divine 
 and positive ecclesiastical law (Chap, xvii., Tit. iv.) gives to 
 the accused the right of defence, and as two days even 
 are considered too short a time (Chap, xvii., Tit. xv.) to 
 prepare the same, he must be granted sufficient time 
 for this purpose, and another day appointed for him to 
 be heard. 
 
 When the crime is notorious, the culprit should be 
 cited immediately before the Counsel, and the " Consili- 
 arii" will act with the prudence and discretion suggested 
 in Chap, xviii. 
 
 Intimately connected with citation is contumacy, 
 spoken of in No. 8. The citation is made by letter (No. 
 4). If the letter of citation is handed to the accused by 
 one deputed for the purpose (Chap, xvii., Tit. vii.), there 
 can be, of course, no difficulty. The same may be said 
 if the citation is conveyed to him by means of a registered 
 letter, the reception of which he acknowledges by his 
 signature. In these two cases the judge can know 
 whether the citation reached the accused. If he does 
 not put in an appearance after a second legitimate 
 
BRIEF COMMENTARY ON THE " INSTRUCTION' 309 
 
 citation, unless lawfully hindered, he may then be 
 accounted contumacious, and treated as such. But the 
 case would be otherwise, if the two citations, however 
 lawfully issued, were sent by simple, non-registered 
 letters, for no one can be considered contumacious, 
 unless it be certain that he received both citations, and 
 was not legitimately hindered from appearing. 
 
 He who is contumacious can, though absent, be tried 
 (Chap, xvii., Tit. x.), and.he forfeits, moreover, his right to 
 an alimentary pension (Chap, xvii., Tit. x.) until he submits 
 to authority. 
 
 As to the witnesses (Nos. 10, n, 12, 13 and 15), No. 12 
 gives the power of granting a personal confrontation 
 (Chap, xvii., Tit. iv.) of the accused and the witnesses, when 
 these latter are not unwilling. It may be asked in what 
 cases does prudence suggest the granting of this privilege, 
 which is rarely granted in regular canonical trials. I 
 answer, whenever it may help to arrive at a certainty of 
 the innocence or guilt of the accused, or clear up any 
 doubt which may arise in the course of the investigation, 
 "alio quocumque modo poterunt lumen ad dubia 
 solvenda requirentes (Consiliarii)." N. 15 of " Instructio." 
 " NuHa via intentata relinquatur ad verum moraliter 
 certo cognoscendum, antequam ad sentential prolationem 
 deveniatur." lb. 
 
 Having already spoken of the necessity of a verbal 
 confrontation, or legitimation of the proceedings, there 
 is but one important point to discuss with reference to 
 the witnesses, viz.: Has the accused the right to take 
 exception to them? It cannot be doubted that he 
 
310 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 possesses this right. For this is a right essential to a 
 lawful defence, which itself is a right, according to all 
 canonists, bestowed upon him, not only by the positive, 
 but also by the natural law. 
 
 I need not speak of exceptions to their depositions, 
 either oral or written, which offer no difficulty, but of 
 those only against their persons. The principal objec- 
 tions, or exceptions contra personas testium, are those 
 which exclude them de jure from being witnesses. In 
 this category are those who had been bribed to testify, 
 the infamous, perjurers, enemies of the accused, unless 
 they depose in his favor, and others, as may be seen in 
 any regular treatise on Canon Law. 
 
 The justice of any exception must always be proved by 
 the exceptor. Exceptions may be taken against the wit- 
 nesses for the defence, as well as against those of the 
 prosecution. 
 
 It now only remains to say a word on the decisions ol 
 the " Consiliarii" (No. 9), and on the definite sentence, in 
 the case (No. 17), given by the bishop. The sentence 
 
 OF THE LATTER MUST BE CLEAR, CANONICAL, UNCON- 
 DITIONAL, GIVING THE GROUNDS OF LAW AND FACT FOR 
 
 THE SAME. (Chap, xvii., Tit. xviii.) 
 
 The decision of the " Consiliarii,*' as well as the 
 sentence of the bishop, must be juxta allegata et pro- 
 bata, OR, TO BE MORE DEFINITE, JUXTA PROBABILIOREM 
 SENTENTIAM. 
 
 In criminal causes, the judge, or bishop, must acquit 
 
 THE ACCUSED, IF HIS INNOCENCE BE MORE PROBABLE 
 THAN HIS GUILT, whilst he CANNOT CONDEMN HIM, EVEN 
 
BRIEF COMMENTARY ON THE " INSTRUCTIO.'' 311 
 
 though his guilt be probable. There must be a 
 
 PLENA PROBATIO, Or CERTAIN AND INDISPUTABLE EVI- 
 DENCE OF GUILT TO JUSTIFY A SENTENCE OF CONDEMNA- 
 TION. This is not only the unanimous teaching of all 
 theologians and canonists, but is dictated by the natural 
 law, and prescribed by positive law. It is, therefore, ac- 
 cording to these principles, which are beyond controversy, 
 that the" Consiliarii," (Nos. 9 and 14) as well as the judge 
 or bishop (No. 17), must form their judgments and pro- 
 nounce sentence. 
 
 Although the expression in No. 17: " Sententia in 
 Curia Episcopali prolata," might suggest a doubt, as to 
 whether any other officials, besides those mentioned in 
 the " Instructio ; " as, for instance, the members of the bish- 
 op's Council, spoken of in the II. Plenary Council of Balti- 
 more, are to be understood by it, and thus insinuate, that 
 the bishop would not be the only judge in criminal and 
 disciplinary causes, yet I think the words of the " In- 
 structio " : (j) " Ita episcopo in ipsis (causis) definiendis 
 auxiiium prasbere," and again, the words " ad episcopum 
 (No. 9) deferantur," are sufficient to show, that after the 
 quasi-judicial investigation, and the opinion or decision 
 of the " Consiliarii " is made known to him, the bishop 
 can, without any further consultation, pronounce sen- 
 tence, although even then, in view of the importance of 
 the matter, it might be better and more prudent to take 
 the advice of his Episcopal Council in the matter. 
 
 Of appeals, which are allowed by the " Instructio," 
 (No. 16), I have, in Chap, xvii., Tit. xx., spoken at length. 
 
 In conclusion, I will answer an objection that may be 
 
312 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 made by some to the above commentary, viz. : that it 
 makes the quasi-judicial investigation too canonical. 
 Well, I have only to say, that it has no authority what- 
 ever, except in as far as it is conformable to the spirit 
 and letter of the " Instructio " itself, and in accordance 
 with the authentic principles and Decisions of Sacred 
 Congregations sustaining it. Of the justness of their 
 application in the above brief commentary, every one is 
 at liberty to judge for himself. 
 
 No doubt at this very moment, Rome would be well 
 pleased, if in those dioceses where it is of easy observ- 
 ance, regular canonical procedure were instituted. 
 The " Instructio " intimates this much, when, in the be- 
 ginning, it asserts that canonical trials would be the most 
 sure and efficacious means of administering justice, and 
 that the only reason (f) for not prescribing them was, 
 that these trials could not be well carried out in all the 
 dioceses of the United States. 
 
 Besides, 1 don't think I am far astray, if at all, in inter- 
 preting the "Instructio" according to acknowledged 
 canonical principles. As I view it, it is for us now a 
 canonical document, or a rule of action, prescribed by 
 the most venerable and august authority in the Church, 
 our most Holy Father himself, for the observance of all 
 our venerable prelates in all criminal and disciplinary 
 causes that may arise among the clergy. And certainly, 
 no one will deny, that some such norma agendi was not 
 only much needed, but an imperative necessity. When 
 we seriously reflect over the matter, when we examine the 
 Canon Law of the Church, even as given in these scanty 
 
BKIEF COMMENTARY ON THE " INSTKCCTIO." 313 
 
 pages, we are amazed that such a loose condition of 
 ecclesiastical discipline as has existed in the United 
 States, should have been allowed to continue for so long 
 a time. 
 
 Let us take only this matter of ecclesiastical trials, or 
 canonical investigations, which we have been discussing 
 in the preceding chapters. When a clergyman in this 
 country has been charged with some offence, has any 
 proper and serious investigation, as a rule, according to 
 canonical principles, been made into the accusation ? There 
 has not. If it has been done, it was the exception. Many 
 a time and oft has a delinquent been simply informed by 
 his bishop that " he had no further use for him, and that 
 he must seek employment elsewhere," putting him on the 
 same footing with his maid-servant or his gardener. Is 
 this according to the spirit or letter of the Canon Law of 
 the Church, or in accordance with the above " Instructio" 
 from Rome ? I seriously doubt if Rome is even yet aware 
 of how ecclesiastical matters have been and are managed 
 by some of those whom she has elevated to the chair of 
 authority, and to whom she has given jurisdiction over 
 her clergy and faithful. Some of their acts have been such, 
 that neither their venerable colleagues in authority, nor 
 Rome, nor the Canon Law of the Church, nor justice, nor 
 charity, nor humanity, can ever sanction ; and of these I 
 need only mention that crying evil of refusing delinquent 
 clergymen a canonical investigation and a canonical pun- 
 ishment for their fault, and of sending them forth as wan- 
 derers and outcasts on the face of the earth, to beg their 
 bread, or earn it by the sweat of their brows. 
 
314 TEE RIGHTS OP THE CLERGY VINDICATED. 
 
 This is a grave disordination, a serious abuse, an unmit- 
 igated and an inexcusable evil condemned by the " In- 
 structio " just given and explained, as well as by so many 
 other venerable and weighty authorities found in the fore- 
 going pages. The disturber of the public peace, the thief 
 and the murderer, nay, the vilest criminal in Christian and 
 civilized communities, is not condemned until the evidence 
 before the bar of justice convicts him of crime. If he is 
 unable to employ counsel, the court assigns a lawyer to de- 
 fend him. In a word, he is given every opportunity to 
 vindicate his innocence, or prove circumstances exten- 
 uating his guilt. Any reasonable doubt of the latter will 
 be given in his favor, and restrain the tongues of judge and 
 jury from uttering a sentence of condemnation. And yet 
 the civil law is but a reflex of the Canon Lazv of the Church. 
 It is perfectly astounding, then, how this latter has been 
 so often disregarded in our midst, in its most solemn and 
 strict injunctions in plain matters of right and justice. 
 There will and must be an end to this. The honor and 
 welfare of the venerable hierarchy of these States demand 
 that they look into this matter, and correct this abnormal 
 modus agendi, on the part of some of its members. It is 
 too glaring an injustice, it is too hostile to the interests 
 of religion and of the clergy, and to their own interests, 
 for it to be allowed to continue. 
 
 The faithful observance of the provisions of the " In- 
 structio " Quamvis given above, is the first step towards the 
 introduction of Canon Law into our land. It is the morn- 
 ing star of the sun of justice and equity in all ecclesiastical 
 matters. As the morning star in the heavens is the har- 
 
BRIEF COMMENTARY ON THE " INSTRUCTION 315 
 
 bingcr of day, which it ushers in, so the above admirable 
 " Instructio " of the Sacred Congregation is the precur- 
 sor in the United States, sent by Rome, to prepare the 
 way for the introduction of the Canon Law of the Church 
 in all ecclesiastical matters, as far as it is useful and practi- 
 cable, and which, when it does come, will wonderfully 
 promote the welfare and happiness of our venerable hier- 
 archy, devoted clergy and faithful laity, and give a new 
 impetus to the progress of the Catholic religion in our 
 midst. 
 
CHAPTER XXIII. 
 
 ON CANONICAL PUNISHMENTS. 
 
 This chapter will be brief, as it treats on a subject 
 familiar to all the clergy, being found in every text- 
 book of Moral Theology. Yet it is necessary that I 
 should say something on Canonical punishments, which 
 are intimately connected with canonical procedure, 
 whether this latter be in the form of a regular canonical 
 trial, or of a quasi-judicial investigation only ; for the 
 end of a canonical trial, or quasi-judicial investigation, is 
 to ascertain the whole truth in the matter charged against 
 the accused, and thus form a judgment as to his guilt or 
 innocence, and pass sentence accordingly. If found 
 innocent, he is acquitted ; if proved guilty, he is liable to be 
 punished juxta allegata et probata. 
 
 What I state in this chapter on canonical punishments 
 is chiefly taken from a work entitled : " Juris Canonici 
 secundum Gregorii Papas IX., libros v. Decretalium expla- 
 nati Summa seu Compendium, Auctore R. P. Vitus 
 Pichler, S. J." 
 
 A canonical punishment may be defined, "Justa 
 delicti coercitio," or " a punishment proportioned to the 
 fault, and inflicted by one having the power." 
 
 Canonical penalties may be divided into two classes: I. 
 Pcenez vindicative^. 2. Pcenee medicinales. 
 
 The Pcenae vindicative are Deposition and Degra- 
 dation. 
 
CANONICAL PUNISHMENTS. 317 
 
 Konings defines Deposition : " Poena ecclesiastica, qua 
 clericus, non solum ab omni munere Ordinis ac Beneficii 
 repellitur, sed etiam officio et Beneficio omnino privatur, 
 ablato titulo, ita ut, ad illud sine nova collatione redire 
 nequeat. Depositio irrogari potest ab episcopo, vel ejus 
 vicario ad hoc deputato, at in casibus in Jure expressis, et 
 pro delictis atrocioribus. Quamvis awtem de se, poena sit 
 irremissibilis, tolli tamen per dispensationem Episcopi 
 poterit, quoties crimen adulterio minus fuerit." 
 
 Degradation is the most grievous punishment that the 
 Church can inflict on a clergyman. It is decreed only 
 for the most atrocious crimes. By it a clergyman is 
 solemnly and authentically deprived, not only of his 
 Order, Benefice and Office, but even of the clerical state 
 or profession, i. e., of all clerical privileges, Fori, Canonis, 
 etc. Once degraded, he can be punished by the secular 
 power, according to the civil laws. 
 
 When the sentence of degradation is pronounced, it is 
 called degradatioverbalis ; when solemnly executed, realis. 
 If one undergoing the punishment of degradatio realis, is 
 not punished by the secular power with death, he is 
 scarcely ever restored to his former state, which can be 
 done by the Pope alone. 
 
 Konings defines Degradation : " Degradatio est solemnis 
 privatio omnium titulorum, honorum, privilegiorum, et 
 bonorum ecclesiasticorum, ita ut, degradatus, solo 
 remanente ordinis caractere indelebili, ad conditionem 
 laicalem reducatur." 
 
 " Degradatio non potest infligi nisi ab Episcopo, et pro 
 immanibas sceleribus, cujusmodi sunt crimen hasresis 
 
318 TEE RIGHTS OF THE CLERGY VINDICATED. 
 
 manifestum, falsificatio Litterarum Apostolicarum, Sod- 
 omia frequentata, gravissima calumnia proprio Episcopo 
 apposita, etc. Solus Papa in hac gravissima poena dis- 
 pensat." 
 
 I will be pardoned here for the expression of a thought 
 which presents itself to my mind, and which is suggested 
 by the words I have just written. It is, that it would not 
 be amiss for even the most exemplary clergyman to 
 read over in the Pontificate Romanum the ceremonial of 
 the Degradation of a priest. It is impressive in the 
 extreme, and calculated to inspire a horror for sin, which 
 alone can bring so dread and terrible a punishment on a 
 clergyman. One by one the sacred vestments are strip- 
 ped from his person, and his anointed hands are scraped 
 to erase from them as it were the Holy Oils of consecra- 
 tion. He stands after this terrible ceremony, a lone, 
 pitiable object, bearing, it is true, the ineffaceable mark of 
 , the Priesthood on his soul, but for his humiliation and 
 greater confusion, for whom there is no longer hope on 
 earth, and none in heaven, except through the mercy of 
 God and the tears and works of a penitential life. O 
 God, how sad a spectacle is the degradation of a priest! 
 How sad and humiliating and horrible to the unfortunate 
 priest himself ! How sad and painful and terrible to 
 those who may witness it ! And yet every sin degrades 
 the sacerdotal character ! Dearly beloved of Jesus Christ, 
 His friends and the spiritual Fathers of His people, let us 
 often think of the sanctity required by our high and sub- 
 lime vocation, and endeavor by prayer and vigilance, and 
 correspondence with divine grace, to become more and 
 
CANONICAL PUNISHMENTS. 319 
 
 more holy. " Be ye holy, because I the Lord your God 
 am holy." 
 
 Alas! that punishment should ever be necessary to 
 keep clergymen in the path of duty ! Considering the 
 sanctity of the clerical state; its sublime and august dig- 
 nity ; the close and intimate contact into which it brings 
 him with his God, that of consecrating bread and wine, 
 and changing them into the Body and Blood of Jesus 
 Christ, of which he partakes himself, and which he dis- 
 tributes to others ; the saintly relations it establishes with 
 his neighbor, for he stands between the porch and the 
 altar to offer up sacrifice.for the people ; the immense helps 
 it gives him of leading a holy life ; the fearful accountability 
 he has towards souls, and the terrible account he must 
 one day render of his stewardship; all these, it seems, 
 should make it impossible for him to sin, and thus bring 
 upon himself punishment. And yet, alas! he sometimes 
 does. Oh! sin, what a monster thou, art! Thou didst 
 once change a beautiful angel of paradise into a revolting 
 demon, and thou dost, even now, sometimes enter into 
 the paradise of the sanctuary, and transform an Angel of 
 earth a priest into an enemy of God ! We priests, 
 above all men, should heed the solemn injunction of our 
 dearest Saviour to His sorrow-stricken disciples in the 
 garden of Gethsemane : " Vigilate et orate ut non intretis 
 in tentationem." " Neglect not the grace that is in thee, 
 which was given thee by prophecy, with imposition of 
 the hands of the priesthood. Meditate upon these things, 
 be wholly in these things: that thy profiting may be 
 manifest to all. Take heed to thyself and to doctrine: 
 
320 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 be earnest in them. For in doing this thou shalt both 
 save thyself and them that hear thee." i. Tim. iv. 14-16. 
 
 Yet another thought suggests itself -to my mind in con- 
 nection with these terrible punishments of deposition and 
 degradation, and with the main subject of my humble 
 treatise, and to which I cannot refrain from giving ex- 
 pression. 
 
 We have just seen that deposition is inflicted for cases 
 only which are determined by the law "in casibus in jure 
 expressis," and " pro delictis atrocioribus," and that deg- 
 radation is decreed only "pro immanibus sceleribus." 
 And yet, alas! in the United States, under our hitherto 
 miserable, abnormal and anomalous condition of ecclesi- 
 astical government, deposition and degradation have 
 been inflicted on delinquent clergymen, not formally, it is 
 true, but practically and to all intents and purposes, not 
 indeed for the crimes which they were intended to punish, 
 which, thank God, are unheard of amongst us, but for 
 ordinary faults ; aye, these terrible punishments have 
 been more frequently employed against erring clergy- 
 men, than the paternal admonition, or the judicial 
 precept, or the canonical investigation. For what else is 
 it essentially, but the punishment of deposition and 
 degradation, to dismiss helplessly from his diocese an 
 erring priest, not contumacious ? Is there not food here 
 for reflection on the part of our venerable and beloved 
 bishops? 
 
 I will now speak briefly on the medicinal, or correc- 
 tional punishments inflicted by the Church on delinquent 
 clergymen. They are called poena medicinales, because 
 
CANONICAL PUNISHMENTS. 321 
 
 they are administered to cure him who has proved him- 
 self morally infirm. Their object is his correction and 
 reformation. These punishments are known under the 
 name of Censures. 
 
 Censures are inflicted to the end that a delinquent and 
 contumacious subject may be brought to a sense of duty, 
 which milder means, as precepts, admonitions, etc., failed 
 to effect, and that he may thus be induced to enter into 
 himself to the correcting and amending of his life. Hence 
 Deposition and Degradation of which I spoke above, 
 though spiritual punishments are not censures. 
 
 Censures are divided into I. Censurae, a jure, vel ab 
 homine latse. 2. Censurae, lata vel ferendcz sententia. 
 These terms explain their nature. 
 
 1. All Ecclesiastical Superiors, even Regulars, possess- 
 ing ordinary jurisdiction in foro externo et contensioso, and 
 they only, can inflict censures. 
 
 2. The subjects of censure are all Christians capable of 
 guilt (doli capaces). 
 
 3. That censure may be justly inflicted, a sin mortal in 
 its nature, committed with full knowledge and adver- 
 tence, and joined to contumacy, formal or virtual, is re- 
 quired. Otherwise, the censure before God is not 
 binding. Ex cap. 5; de p<zna in sexto. Council Trent, Sess. 
 xxv. c. 3. de Re/or. A censure is a grave penalty which 
 can be inflicted for a grave fault onlv. The sin, more- 
 over, must be external and complete in its kind as de- 
 scribed by the letter of the law, or of the superior 
 punishing, according to the fifteenth Rule Juris in Sexto, 
 " Odia restringi, et favores convenit ampliari." This 
 
322 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 condition Schmalzgrueber /. 5 tit. 39. n. 64. explains in 
 these words : " Externum, ob quod censura concutienda 
 est debet esse completum in suo genere secundum pro- 
 prietatem verborum, quae in praecepto seu lege infligente 
 censuram, continentur." Besides these conditions, the 
 fault for which the censure is inflicted must be joined 
 with contempt of authority, either formal or virtual, or 
 with contumacy. It is, therefore, necessary that the 
 fault in some measure continue, and be not merely of the 
 past, for the object of the censure is to correct the fault, 
 and oblige the delinquent to purge himself of his contu- 
 macy and disobedient spirit. Thus Christ Himself (Matth. 
 xviii.) did not wish a delinquent to be considered a 
 heathen and excluded from the pale of the Church until 
 he became contumacious, or refused to hear the Church after 
 having been expostulated with, and duly admonished. 
 
 An admonition, therefore, ought to be given beforehand, 
 and disregarded, before one can be considered contuma- 
 cious. If the law itself imposes a censure for a certain 
 fault, there is no need of a special admonition, because in 
 this case the law itself sufficiently and always admonish- 
 es. Hence the following reasons excuse from censures.' 
 1. Ignorance of the Law, or of the Fact, unless such 
 ignorance should be gross, or affected, or mortally sin- 
 ful. 2. Doubt of the Law or of the Fact, if, after diligent 
 inquiry, the doubt remains. 3. Grave fear unjustly in- 
 spired, by reason of which the law is violated, for 
 although it may not excuse from sin, yet he cannot be 
 considered contumacious, who does a thing unwillingly. 
 Such, however, would not be the case if the 
 
CANONICAL PUNISHMENTS. 323 
 
 fear were directly inspired for the purpose of forcing one 
 to do something in Contempt of the law, or to communi- 
 cate in crimine crhninoso with one who is excommunicat- 
 ed. 4. A legitimate appeal, if interposed before the 
 censure is inflicted. Finally, innocence, although the fact 
 be proved inforo externo, c. 2. 7. h. t. in sexto. 
 
 4. That a censure may be lawfully inflicted ab hominc, 
 by a special sentence, it is necessary, 1. That a triple ad- 
 monition precede it, with a sufficient interval of time 
 between them, or one peremptory admonition which is stat- 
 ed to be such, and in which the time alloived for three admoni- 
 tions is given. An admonition is also required, even when 
 the judge wishes to denounce one who has incurred 
 censure ipso jure; at least, this is necessary, that he may 
 act licitly, unless the crime is notorious. 
 
 5. He who has incurred censure must be absolved 
 therefrom, even though he has returned to a sense of 
 duty, and, having put aside his contumacy, has given full 
 satisfaction for his fault, as can be seen from the follow- 
 ing proposition condemned by Alex. VII. " Quoad forum 
 conscientise, reo correcto, ejusque contumacia cessante, 
 cessant censuras," unless the censure was inflicted with 
 the clause of amendment expressly stated, as, " Donee se 
 emendaverit, vel satisfecerit censuratus." 
 
 Who can absolve from censures ? 
 
 If the censure was inflicted ab homine by a special sen- 
 tence, he alone (at least pro foro etiam externo) who inflict- 
 ed the censure, or his successor, or his superior having 
 immediate jurisdiction, or their delegate, can absolve 
 from it. 
 
324 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 If the censure is incurred ipso jure, vel lege, or ab 
 homine, but by a general decree, (which is equivalent to a 
 law) and is not especially reserved, any approved con- 
 fessor can absolve from it. 
 
 If the censure is reserved, then, he who reserves it, or 
 his successor, or his superior having jurisdiction, or their 
 delegate, can absolve pro utroque foro. This is per se 
 evident. If the censure is reserved to the Pope, the 
 Bishop has the power to absolve pro foro interno for 
 occult censure not yet brought ad forum contentiosum 
 Council, of Trent, sess xxiv c. 6 de refor., as well as the 
 Religious of Mendicant Orders, except for the censures 
 of the Bull Ccena, in case of necessity, or impossibility of 
 going to Rome. 
 
 hi articulo mortis all priests can absolve from any and 
 every censure, only requiring of the penitent, that in case 
 of restoration to health, he present himself to him who 
 reserved the censure, and obey his injunctions. 
 
 How is absolution from censure given? 
 
 Although there is no prescribed form in Canon Law, or 
 certain words for absolution from censure, and although 
 the presence of the one to be absolved is not even re- 
 quired, as is the case in sacramental absolution from sin, 
 yet pro foro externo. the rite used in the diocese ought to 
 be observed, or that found in the Pontificate Romanum. 
 Pro foro interno the following formula is used : " Ego te 
 absolvo a vinculo excommunicationis (suspensionis, etc.,) 
 quam incurristi propter causam N. et restituo te sacra- 
 mentis Ecclesiae et communioni fidelium (executioni 
 tuorum ordinum, officiorum, beneficiorum etc., si absol- 
 
CANONICAL PUNISHMENTS. 325 
 
 vendus fuit in suspensione), in nomine Patris et Filii et 
 Spiritus Sancti. Amen." But if the absolution is given 
 in virtue of delegated power, the following words are 
 used: M Auctoritate Omnipotentis Dei, SS. Apostolorum 
 Petri et Pauli, et SSmi Domini nostri N. . . PP. (si absolv- 
 ens delegationem habeat a Papa) in hac parte mihi con- 
 cessa, absolvo et etc.," Monacelli in Formulario, p. 3. in 
 prozlud. n. 75. 
 
 In concluding this Chapter on punishments, which is the 
 natural complement of those on canonical trials, and that 
 on the Quasi Judicial Investigation, I may be allowed a 
 remark which suggests itself to my thoughts in connection 
 with the main topic of this humble work, and which may 
 have been embodied in the ideas that occurred to the 
 minds of my readers, whilst perusing these pages, and that 
 is, how uncanonical is the terrible punishment that has so 
 often been inflicted in the United States on delinquent 
 clergymen, not contumacious, and often penitent, that of 
 casting them forth on the world helpless, and frequently 
 penniless, to beg their bread, or earn it in some secular 
 pursuit, instead of giving them a home, or a refuge of 
 some kind, where they could live as becomes their 
 sacred character. In the whole Corpus Juris Canonici, in 
 the multitudinous regulations of CEcumenical, General, 
 and Provincial Councils, in all the Decisions of Sacred 
 Congregations, there cannot be found one line justifying 
 such a cruel and unjust punishment. Whenever there is 
 question of erring clergymen, the church speaks of their 
 correction and amendment, and of just punishment 
 inflicted for that purpose, " Eadem sacrosancta tridentina 
 
826 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 Synodus, in Spiritu Sancto legitime congregata . . . eos 
 (episcopos) admonendos censet, ut . . . elaborent ut hortando, 
 et monendo, ab illicitis dete-rreant, ne, ubi deliquerint 
 debitis eos pcenis coercere cogantur. Sin autem ob delicti 
 gravitatem virga opus fuerit, tunc cum mansuetudine 
 rigor, cum misericordia judicium, cum lenitate severitas 
 adhibenda est ut sine asperitate disciplina populis salutaris 
 ac necessaria conservetur : et qui correcti fuerint, EMEN- 
 dentur." The admirable spirit of charity, mercy and 
 justice in dealing with the weak and the erring, conveyed 
 in these words is expressed in every page de Refor. of 
 the holy and CEcumenical Council of Trent, as any one 
 can verify, who will take the trouble to glance over it ; 
 and besides, whilst undergoing this just punishment, the 
 Church prescribes that they receive an alimentary pen- 
 sion, or the means of subsistence, as I have proved by so 
 many venerable authorities, which is a far different thing 
 from casting them forth into the streets to beg or starve. 
 " The ecclesiastical judge" (in this country, and accord- 
 ing to the late " Instructio," the bishop) " is BOUND IN 
 
 CONSCIENCE TO PROVIDE FOR THE SUBSISTENCE OF THE 
 CONDEMNED; AND IF HE SHIRKS THIS DUTY. OF JUSTICE 
 HE CAN BE OBLIGED TO COMPLY WITH IT BY HIS SUPE- 
 RIOR." Ita Stremler despeines eccles. p. 33, cited by Craisson 
 in his Manuale. 
 
 It is from the ignoring altogether of the plain and 
 fundamental principles of Canon Law, which hold as 
 strictly and conscientiously in the United States as in any 
 part of the world, that this terrible evil of homeless, 
 helpless and wandering priests arises. Bishops are the 
 
CANONICAL PUNISHMENTS. 327 
 
 spiritual Fathers of the clergy, " illos tanquam fratres et 
 filios diligant," the protectors whom the Church has ap- 
 pointed over them. To this sacred and important trust 
 they should be faithful under all circumstances, and never 
 abandon any of them, however frail or unfortunate, un- 
 less he cuts himself loose from their protection by contu- 
 macy. Even then his true Pastor's heart will follow him 
 with his prayers to the Throne of Grace, and when those 
 prayers are heard, and his erring child returns to him as 
 the humble and penitent prodigal, he will receive him 
 with open arms and paternal kindness. 
 
 Let only the wise and merciful instructions and 
 admonitions of the Church to her bishops be observed, 
 and the legislation she has enacted for the correction of 
 delinquent clergymen be faithfully and conscientiously 
 carried out, wJiich inflicts canonical punishments in a 
 canonical manner for canonical faults, and there will not be 
 found one priest in the United States without a fixed 
 abode, wandering hither and thither " quasi ovis perdita 
 aut errans." 
 
CHAPTER XXIV. 
 
 WISDOM OF THE CHURCH IN HER JUDICIAL LEGISLATION. 
 
 As a consequence of the judicial legislation of the 
 Church, a clergyman accused of any serious delinquency 
 ought to be given a canonical trial, or, what takes its place 
 in the United States for the present at least, a quasi 
 judicial investigation. This is the common and general 
 law of the Church. In civilized nations the most 
 hardened criminal is given the benefits of a trial by a 
 jury of his fellow-citizens he is never condemned 
 unheard. Need we be surprised then, that the Catholic 
 Church, the advocate and champion of justice, the 
 guardian of liberty and the mother of freemen, grants to 
 her ministers a like right? 
 
 The principles underlying ecclesiastical tribunals of 
 justice are founded on the law of nature itself, as I have 
 already shown. Moreover, as intimated in the Consti- 
 tution of Innocent III., Qualiter et quando, they are laid 
 down in the very Gospel. In the eighteenth chapter of 
 St. Matthew, we read : " If thy brother shall offend 
 against thee, go and rebuke him, between him and thee 
 alone. If he shall hear thee, thou shalt gain thy brother. 
 But if he will not hear thee, take with thee one or two 
 more : that in the mouth of two or more witnesses every 
 word may stand. And if he will not hear them : tell the 
 Church. And if he will not hear the Church [contumacy] 
 
WISDOM OF THE CHURCH IN HER JUDICIARY. 829 
 
 let him be to thee as the heathen and publican." And 
 again we read in the sixteenth chapter of St. Luke, " How 
 is it that I hear this of thee? Give an account of thy 
 stewardship: for now thou canst be steward no longer." 
 
 The Catholic Church accordingly has established ec- 
 clesiastical tribunals of justice, at which every one of her 
 ministers, even the poorest and humblest, who may be 
 charged with any crime, has a right to seek and demand 
 justice. Not only this, but should he feel that justice is 
 denied him at the tribunal of his own ecclesiastical 
 superior, he has the right of appeal from bishop, arch- 
 bishop, primate, patriarch, or cardinal, to the highest 
 ecclesiastical tribunal in the Church, the Court of Rome. 
 Rome is eminently just, and in matters of justice has no 
 respect of persons. The golden mitre even will not 
 outweigh in the scales of Rome's impartial justice the 
 poor and humble cassock. Well may we all, bishops, 
 priests and people, rally around the Chair of St. Peter, 
 not only the Centre of Unity and the Guardian of Faith 
 and Morals, but also the Protector of the weak and help- 
 less, the Defender of Right, the advocate of the wronged, 
 the champion of the oppressed, ever holding in her 
 hands the evenly adjusted balance of justice, to be 
 administered to rich and poor alike, prelate and priest, 
 prince and people. This justice, so evenly, and uprightly, 
 and impartially administered at Rome and by Rome, the 
 Church wishes to see administered by her ecclesiastical 
 tribunals in every part of the world. 
 
 The United States government, or any state govern- 
 ment, does not oblige every citizen to go to Washington, 
 
330 THE RIGHTS OF THE CLERGY VUTDICATED. 
 
 or to the capital city of the State, to have his grievance 
 heard or redressed, or to answer for any violation of law. 
 Their courts of justice are within reasonable reach of all 
 their subjects. In like manner, the more perfect govern- 
 ment of the Church wishes that her tribunals for the 
 administration of justice be within easy access of all those 
 who may be necessitated to have recourse to them. As 
 the civil government has its judiciary in every State and 
 county, and moreover a Court of Appeals and a Supreme 
 Court, whose decisions are ultimate and conclusive, so 
 the Church wishes her tribunals of justice to exist in every 
 part of the Church, with the right of appeal to Rome, the 
 supreme or ultimate tribunal for the settlement of all 
 ecclesiastical matters. With this arrangement, every 
 priest in the world, no matter how remote soever the 
 corner of the globe in which he dwells, can easily obtain 
 justice, nor is any one ever left to the mercy of one man, 
 or to the persecutions of his enemies, of the evil-disposed 
 and the godless, but is protected by the ecclesiastical 
 tribunal of his diocese either from being condemned when 
 innocent, or too rigorously punished when guilty. 
 
 Hence the " Instructio " Quamvis of July 20, 1878, 
 directed to all the bishops of the United States. As soon 
 as Rome became convinced that Decree N. yy of the II. 
 Plenary Council of Baltimore was either disregarded, or 
 inadequate for the ends of justice, she immediately issued 
 a code of laws for the observance of all our venerable 
 prelates in criminal and disciplinary causes of clergymen, 
 which she commanded to be rigorously observed. "S. 
 C. de F. P. . . . providendum esse duxit, ut saltern illse 
 
WISDOM OF THE CHURCH IN HI! JUDICIARY. 331 
 
 de admisso crimine accurate peragantur investigationes, 
 quae omnio necessariae existimantur, antequam ad pcenam 
 irrogandara, deveniatur. Itaque SSmo. Domino Nostro 
 Divina Providentia PP. Leone XII 1., approbante,. . . . 
 Sacra Congregatio decrevit ac districte mandavit" etc. 
 
 Even later than this " Instructio " is other sterling 
 evidence that the Church never wishes any of her chil- 
 dren to be condemned without a hearing, but that a 
 judicial process should either determine their innocence, 
 or the extent of their guilt, as well as, in the latter case, the 
 punishment to be undergone in expiation of it. As late 
 as June n, 1880, a document was issued by the S. C. 
 Ep. et Reg. confirming all I have said on this matter of 
 judicial investigations. It can be found in the Acta S. 
 Sedis, vol. xiii., p. 324, and is entitled " Instructio pro ec- 
 clesiasticis Curiis quoad modum procedendi ceconomice 
 in causis disciplinaribus et criminalibus clericorum." 
 This, like all the other canonical documents found in these 
 pages, shows forth the spirit of mercy and justice which 
 animates all the criminal and disciplinary legislation of 
 the Church. 
 
 The wisdom of the Church's judicial legislation is 
 apparent to every just and sensible man. What more 
 wise, and just, and merciful even, than that a clergyman 
 accused of crime should be canonically tried, and, if found 
 guilty, canonically punished ? Without such canonical in- 
 vestigation, the bishop is exposed to condemn a priest 
 for a fault of which he is innocent for a fault which 
 had no existence, except in the imaginations and base 
 hearts of malicious, suspicious, or evil-disposed persons. 
 
332 THE EIGHTS OF THE CLEBOY VINDICATED. 
 
 If the annals of our ecclesiastical government as it has 
 been, alas! but too often administered, were ransacked, 
 more than one instance of such condemnation of the 
 innocent would be found ! But if only one innocent 
 priest in a century suffered such crying injustice, would 
 not this alone be a sufficient reason to sweep away for- 
 ever the tribunal in which one man alone sits as judge 
 and jury, in which often the prosecution alone is heard, and 
 in which little or no opportunity of defence is given, 
 a tribunal ever and always " odious," no matter how good, 
 or just, or upright the judge may be the only tribunal 
 that has practically existed in the United States, up to 
 the promulgation of the late " Instructio" Quamvis of 
 the Sacred Congregation of the Propaganda, and, alas! 
 that I must add with heart-felt sorrow, ever since. 
 
 Again, when no judicial or quasi judicial investigation 
 is made of a charge brought against a clergyman, the 
 consequence is, that the accused, if guilty, is condemned 
 in some instances, perhaps in most cases, for an offence far 
 greater than he committed. His fault is often made by 
 Madam Rumor as unlike the actual transgression as the 
 noonday sunshine is unlike the darkness of midnight. The 
 story of the Three Black Crows finds its parallel in every 
 fault, indiscretion and sin of a clergyman beyond any one 
 else. 
 
 The Church has a dread and a horror of committing 
 the slightest injustice against any one. By her the 
 humblest clergyman, without friends or influence, is 
 judged as justly and impartially as he who has both to 
 help him in his difficulties. The love of justice and horror 
 
WISDOM OF THE CHURCH IN HEB JUDICIARY. 333 
 
 of injustice inherent in the Church is clearly seen from 
 the fact, that even when the crime is notorious, she does not 
 permit the delinquent to be condemned without a citation 
 and a hearing, as we have seen in the chapter treating of 
 procedure Ex Notorio. Even then, there may be extenua- 
 ting or palliating circumstances to lessen the grievousness 
 of his fault, and to mitigate the severity of his sentence. 
 This clearly shows the desire of the Church that all her 
 officials be just, and the dread and fear she has, a fear and 
 dread in which they should participate, of punishing even 
 the most evidently guilty beyond their deserts. The same 
 spirit of strict and impartial justice, and horror of injustice, 
 should animate the deliberations of every ecclesiastical 
 tribunal, and the heart of every member thereof. 
 
 Canonical punishments canonically inflicted for cannoni- 
 cal offences are the norma agendi of the Church towards 
 delinquent clergymen. This norma agendi is in accor- 
 dance with the Holy and CEcumenical Council of Lateran 
 under Innocent III., with that of Trent, with that of 
 Baltimore, and with the decree of Gregory XVL It is 
 likewise in accordance with the spirit and letter of the 
 " Instructio" recently issued by Rome, commanding that 
 in every diocese of the United States a quasi Judicial 
 tribunal be constituted, whose object is to examine, care- 
 fully and impartially, the causes of clergymen, to the 
 end that, if innocent, they may be acquitted, and punished 
 canonically if found guilty. 
 
 Those in power, therefore, who set at naught these 
 venerable authorities in their treatment of their clergy 
 cannot but be derelict to a just, sacred, and well defined 
 
334 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 duty of conscience, as well as disobedient to the voice of 
 the highest authority in the Church. 
 
 Moreover, a canonical trial, or quasi judicial investiga- 
 tion of all important charges made against clergymen, 
 would reconcile the rights of all concerned, of bishops, 
 priests and people. It would shield the honor and 
 conscience of the bishops, protect and do justice to the 
 priest, and give satisfaction to the faithful, who do not 
 wish either to see a priest condemned unjustly, or 
 retained in office if he is unworthy. It would put an end 
 also to the heart burnings and bitter feelings and just 
 complaints of priests and people to which uncanonical 
 proceedings have sometimes given occasion in this 
 country, CULMINATING, sometimes, in seeking redress 
 IN CIVIL COURTS, to the great disedification of the people, 
 and to the scandal and dishonor of religion. 
 
 The wisdom of the Church in insisting upon canonical 
 trials, and now, for this country, on quasi-judicial investi- 
 gations, and canonical punishments for delinquent 
 clergymen would moreover be seen from the happy 
 results of good order and discipline in general, and the 
 correction of the guilty in particular, that would 
 necessarily follow therefrom. 
 
 I know very well, that as there was one, even among 
 the Apostles, who threw himself away, blinded and led 
 astray by the devil of avarice, and who wilfully went to 
 perdition, so, alas ! we may possibly find, though seldom if 
 at all, an unfortunate clergy man, whom no charity will save, 
 no mercy soften, no law curb or restrain. But if such a case 
 is found, he is, like Judas, the exception. The most part 
 
WISDOM OF THE CHURCH IN HER JUDICIARY. 335 
 
 of clergymen who have fallen from grace might have 
 been saved by canonical treatment. No one who has 
 given any attention to this subject will deny, that many 
 a priest in the United States has been actually and 
 efficiently driven to ruin by being made a helpless out- 
 cast on the world, instead of being canonically punished 
 for his fault. Many of them sleep to-day in silent and 
 premature graves, but those who were instrumental in 
 digging them, are not without accountability before God. 
 I say this in view of the spirit and letter, and in the name 
 of the Canon Law of the Church, which never wished, 
 nor does wish, nor ever will wish, that even the most 
 unworthy of her ministers, not contumacious, should be 
 cruelly and uncanonically punished, by being abandoned 
 by their lawful superiors, and thus exposed to imminent 
 danger of utter ruin, spiritual, temporal, and sometimes 
 eternal. 
 
 I am no believer in total depravity. The same God, 
 praise and glory be ever given to his most holy and 
 adorable Name, reigns over us, as over our brethren in 
 other parts of the Catholic Church, and his grace is as 
 freely given to us, and is as efficacious now, as that which 
 converted a Peter, afterwards made head of the Church, 
 or an Augustine, who became a shining light and glorious 
 pillar of the same. As sure as his merciful arm is not 
 shortened, so sure am I, that many an erring priest in 
 these United States, would never have suffered complete 
 shipwreck, nay, might have become, if not an ornament, 
 at least an honor to religion, and a useful member of the 
 Church, had they been treated with the Christian charity 
 
336 THE RIGHTS OP THE CLERGY VINDICATED. 
 
 and the Christian justice the Church inculcates, and 
 according to the laws of right which she has so frequent- 
 ly and explicitly made known for the rule and guidance of 
 her officials in a word, had canonical punishments been 
 canonically inflicted upon them, when they offended 
 against the law. 
 
 If the wise punishments prescribed and regulated by 
 the salutary Canon Law of the Church, had been applied 
 in the proper spirit, weight and measure, to erring clergy- 
 men in the beginning of their downward career, 
 they probably would have been checked in time, and 
 saved. But abandoned altogether by their bishops, pun- 
 ished uncanonically by being dismissed helplessly from 
 their dioceses, they in their wanderings fell headlong over 
 the precipice of despondency and despair, to perish in the 
 abyss of moral ruin beneath. Condign punishment, 
 inflicted according to the spirit and letter of the Holy 
 Canons, and according to the gravity and frequency of 
 the fault would have corrected them and saved them. I 
 said according to the gravity and frequency of the offence. 
 But, had these punishments been inflicted in time, and in 
 the proper manner, the fault most probably, would not 
 have been committed frequently. 
 
 If after a clergyman's first misstep, his bishop were to 
 admonish him, " rebuke him between him and thee alone " 
 as the gospel and the Canon Law of the Church direct, 
 might it not save him? If this paternal admonition 
 failed of having the desired effect, were he then to summon 
 the culprit before his ecclesiastical court, or quasi judicial 
 counsel to answer for his offence, and to receive the 
 
WISDOM OF THE CHURCH IN HER JUDICIARY. 337 
 
 proper, just and canonical punishment in expiation of the 
 same, this very fact, together with the punishment thus 
 inflicted, would make such an impression on his mind, it 
 seems to me, that in all probability, the offence would not 
 be repeated. The very fact of a trial is sometimes 
 considered by the Church a sufficient punishment. 
 Hence we have in Canon Law the acquittal " Ex quo 
 satis," of which I have spoken in a previous chapter. If, 
 however, he erred a second time, the same proceedings 
 with a punishment increased, or doubled, would, for the 
 most part of men at least, be an infallible remedy against 
 the recurrence of the fault. I can scarcely conceive it 
 possible for a delinquent, punished with rigor for the third 
 time, to ever again fall into the same fault. 
 
 But it may be here objected, that a clergyman has fallen 
 into the same fault a dozen times or more. No one, I 
 dare affirm, ever heard of such a case, when the delinquent 
 was treated in the manner I have just laid down, which 
 is the canonical way enjoined by the Church. I have 
 heard of clergymen falling into the same fault frequently, 
 but I again venture to say, that it was more the fault of 
 the uncanonical manner in which they were treated by 
 their ecclesiastical superiors than their own. 
 
 This assertion I will prove by an example or illustration 
 taken from ordinary life. Let us take the case of a 
 merchant, or of a student broken down in health, in 
 consequence of over application to business or study in 
 their respective avocations in life. That physician would 
 be an unskilled one indeed, who would simply recommend 
 the one, to set up business in some other locality, for the 
 
338 THE RIGHTS OF THE CLEBGY VINDICATED. 
 
 recuperating of his physical energies, and the other, merely 
 to remove to another college for the invigorating of his 
 mental powers. A wise and experienced physician, on 
 the contrary, would prescribe for the one and the other, 
 the giving up altogether for a year or longer, of the duties 
 of their respective callings, and in quiet and retirement, 
 by subjecting themselves to strict bodily discipline as 
 regards eating, sleeping, exercise, etc., to thus seek the 
 permanent cure of their bodily or mental ailments. 
 
 In like manner, the clergyman who loses the spirit of 
 his vocation, or his spiritual health, and commits some in- 
 discretion or fault in consequence, should be prescribed 
 for by his bishop, or the quasi judicial Counsel of the 
 diocese, and be retired to the quiet of some religious mon- 
 astery, or ecclesiastical Home for one year or more, to 
 recover the health of his soul. If, after having regained 
 this, he should have a relapse, it only proves that his re- 
 tirement, and the medicinal waters of prayer, recollection, 
 holy reading, silence, study and penance, were not contin- 
 ued sufficiently long, to insure a permanent cure. If his 
 infirmity is radical, or incurable, he ought to be left in 
 the hospital altogether, or in other words, be kept per- 
 manently in holy retirement. It is much more cruel to em- 
 ploy a priest in active duty when he is unfit for it, than to 
 put a poor, asthmatic invalid to breaking stones on the 
 turnpike. Humanity revolts at the latter, well ordained 
 charity reprobates the former. 
 
 We sometimes hear bishops complain of the incorrigi- 
 bility of such, or another clergyman. And yet, perhaps, 
 they never gave him the opportunity of retiring to some 
 
WISDOM OF THE CHURCH IN HER JUDICIARY. 339 
 
 Religious House for a year or more, to establish himself 
 in his good resolutions by prayer and the practice of vir- 
 tue. Many a bishop in the United States, on the contrary, 
 has acted precisely like the foolish physician mentioned 
 above. He contented himself with simply sending his 
 subject, sick and weak in soul as he was, to another field 
 of labor. No wonder indeed, that he succumbed after a 
 short time to a new attack of his old malady. It would 
 rather have been a wonder if he did not. After a few 
 such removals and falsely so called trials, his patience is 
 exhausted. He declares that all has been done for him 
 that could be done. He pronounces him incorrigible, 
 dismisses him from his diocese, and abandons him to him- 
 self and almost certain ruin. 
 
 Such ecclesiastical superiors may flatter themselves 
 that because they gave a clergyman three or four chances 
 to pick himself up, they acted most kindly and mercifully 
 towards him. But in reality, they did little or nothing 
 for him. Their mistaken mercy was bitter cruelty. For, 
 like the foolish doctor, they set him to work when his 
 malady imperatively demanded rest and retirement. 
 Under the soothing hallucination that they did their whole 
 duty for him, and acted most charitably and mercifully 
 towards him, in giving him two, four, or even a half dozen 
 chances to recover himself, their consciences are at rest, 
 though in the end, they sent him adrift on the world, a 
 wanderer and an outcast on the face of the earth. I 
 think, and I say it in all the sincerity of my heart, and at 
 the same time in all kindness, and charity, that such ec- 
 clesiastical superiors have much reason to feel great un- 
 
340 TEE RIGHTS OF THE CLEEGY VINDICATED. 
 
 easiness of mind and conscience, for of a truth, and with- 
 out any exaggeration, they acted cruelly towards that 
 poor priest, in sending him, like the quack doctor, to 
 work in another portion of the diocese, before he was 
 even convalescent. 
 
 How much wiser and beneficial would it have been for 
 these bishops who have treated their clergy in this man- 
 ner, to have observed towards them the method of treat- 
 ment laid down by the Holy Canons of the Church, or 
 in other words, how much better for their own consciences, 
 the good of the faithful, and the advantage of their erring 
 subject, had they imitated the skilled and experienced 
 practitioner, who sends his patient into the quiet and re- 
 tirement of the country, to drink pure milk, and inhale 
 fresh air, and take health-giving exercise. In like man- 
 ner, the pure milk of recollection and pious meditation, the 
 fresh air of seclusion from the world, and the life-giving 
 exercises of mental and vocal prayer, study and holy read- 
 ing, would have reinstated his infirm subject in his form- 
 er health, if not have made him more robust than ever. 
 
 The canonical treatment, therefore, of clergymen, ac- 
 cording to the prescriptions of that most skilled physician of 
 souls, the Catholic Church, is the one which every bishop 
 on earth should follow, the importance, necessity and 
 utility of which have been proved by the test of centuries. 
 
 The Church, in insisting that all clergymen accused of 
 any infraction of law, be canonically tried and canonically 
 punished, not for the sake of punishment, but " ut emenden- 
 tur" shows in this, as in all things else, her consummate 
 and heaven inspired wisdom. 
 
CHAPTER XXV. 
 
 APOSTOLIC DELEGATE. 
 
 In a few generations at most, the population of this 
 immense territory which we inhabit may, and probably 
 will be, doubled ; every acre of the fertile valleys of the 
 South and of the vast prairies of the West will be oc- 
 cupied. If the Catholic church in this land makes the 
 same progress in the future as it has in the past, the 
 religion of the Cross will be the prevailing religion in the 
 United States. Such assuredly will be the case if the 
 marvellous growth of the church in the last fifty years 
 continues during the fifty years to come. 
 
 It behooves therefore, nay, it is an imperative duty 
 incumbent on the pastors of the flocks in our day to take 
 the means necessary to secure this glorious destiny of the 
 church in these United States. What are those means? 
 There are many which will suggest themselves to the 
 minds of all, and some of which I will indicate in this 
 chapter, but there can be no doubt, that a uniform and 
 just discipline throughout the length and breadth of the 
 land is of vital importance. We must have the same 
 Catholic Church in the West as in the East, in the South 
 as in the North, not only in matters of faith, but in 
 matters of discipline, likewise ; one homogeneous Catholic 
 Church, united in indissoluble bonds to Rome, the centre 
 of unity; the faithful, obedient to their pastors, these 
 
342 THE EIGHTS OF THE CLEKGY VINDICATED. 
 
 latter obedient to their bishops, and the bishops them- 
 selves obedient the voice of Peter, to the voice of Rome ; 
 all kept in unity and harmony, not only by the charity 
 of Jesus Christ, but by wise and uniform laws, strictly 
 and conscientiously observed by all. 
 
 The Catholic Church, it is true, cannot fail. She is 
 founded on the everlasting and impregnable rock of 
 Peter. She will last and perform her divine mission, 
 notwithstanding the obstacles her enemies, either within 
 or without, may place in the path of her success. But 
 we know, likewise, that God in his all-wise and inscru- 
 table providence has left His work in our hands. We 
 know that organization directed and controlled by law 
 and order will effect wonders, where individuals left to 
 their own lights and to their own arbitrary methods of 
 governing will effect little or nothing, or be instrumental 
 in bringing confusion and sometimes positive injury on 
 the mystic body of Christ. Those conversant with the 
 history of the Catholic Church in this country, can 
 readily recall sad instances demonstrating the truth of 
 this assertion. 
 
 Therefore we need all the laws of ecclesiastical discip- 
 line already enacted, and those which Rome may yet 
 think proper and good to impose on us, to be universally 
 promulgated and universally observed. We do not want 
 the interests of the Church to be jeopardized by irre- 
 sponsible and arbitrary action on the part of any of those 
 in power, whether of the first or second order of the 
 hierarchy. We wish all, bishops, priests and laity, to be 
 governed by wise and fixed laws, and in consequence 
 
APOSTOLIC DELEGATE. 343 
 
 possess that holy and inviolate liberty which that grand 
 old faith of Jesus Christ grants to her children, and to all 
 of them. Such, alas! is not the condition of the Catholic 
 Church in these United States as has been abundantly 
 proved in the preceding pages. 
 
 How, then, can this normal state of the Church, as it 
 exists elsewhere, be secured for our favored land? How 
 can the evils I have touched upon in these pages and 
 others known to all, be effectively remedied? This 
 question has been answered already. Law must take the 
 place of all arbitrary power. But have we not law ? 
 Have we not the various Instructions issued by Rome 
 from time to time? Have we not the Acta et Decreta of 
 the II. Plenary Council of Baltimore? Aye, we have 
 plenty of law on the statute books, but, alas ! little of it 
 observed. The Acta et Decreta of Baltimore, the various 
 Instructions from Rome, not excepting the very latest, 
 " have been laid on the shelf." 
 
 We want now, at length, the Instructions from Rome, 
 the Acta et Decreta of the II. Plenary Council of Balti- 
 more, to be taken down from the shelf, and opened and 
 read, and their enactments put in force. " And all the 
 people were gathered together as one man *. . . . and they 
 spoke to Esdras the scribe, to bring the book of the law 
 of Moses, which the Lord had commanded to Israel. 
 Then Esdras, the priest, brought the law before the mul- 
 titude of men and women, and all those that could 
 
 understand ; and he read it plainly in the street. . . . 
 
 from the morning until midday. . . . and the ears of all 
 the people were attentive to the book. And Esdras the 
 
344 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 scribe stood upon a piece of wood. . . . and there stood by 
 him Mathathias, and Semeia, and Ania, and Uria, and 
 Helcia, and Maasia on his right hand ; and on the left Pha- 
 daia, Misael and Melchia, and Hasum and Hasbadana, 
 Zacharia, and Mosollam. And Esdras opened the book 
 before all the people, for he was above all the people. . . . 
 And they read in the book of the law of God distinctly 
 and plainly to be understood : and they understood when 
 it was read." II. Esdras. ch. viii. 
 
 The book of the law of Moses had been hid away and 
 almost forgotten, like the Acta et Decreta of Baltimore 
 and the Instructions of Rome, until Esdras, animated with 
 zeal for God's glory and the people's welfare, brought it 
 forth once more in the midst of the people read it to them 
 and insisted on its observance. We want in the United 
 States another Esdras, who will "take down from the 
 shelf," the Acta et Decreta of Baltimore and the different 
 Instructions from Rome which have been given from 
 time to time, read them to the clergy of the first and 
 second order and insist upon their observance. Where 
 will this Esdras be found? Not among our venerable 
 prelates, for each one has jurisdiction only in his own 
 diocese, and no authority to dictate outside of it. We 
 must have one who is " above all the people. " Plainly, 
 then, we can look only to Rome for the Esdras that will 
 put new life and vigor into the Church in these United 
 States, who will bring law and order out of the chaos that 
 now exists, who will govern the Church in these provin- 
 ces with a just, yet mild and paternal hand for a few 
 years, until ecclesiastical discipline has been firmly and 
 
APOSTOLIC DELEGATE. 345 
 
 securely established. We want an Apostolic Delegate, 
 who, attended on his right hand by our most Rev. Archbish- 
 ops, and on his left, by our Rt. Rev. Bishops, will " take 
 down from the shelf " the almost forgotten Acta et Decreta 
 of Baltimore, and the different Instructions from Rome, and 
 like Esdras of old read them " distinctly and plainly to be 
 understood " by the hierarchy of this land, and insist by 
 virtue of his power and authority that all the laws of 
 discipline contained therein be faithfully observed. 
 
 What other possible remedy for the grievances under 
 which the Church in these United States labors? A 
 Plenary Council, some one may answer. But what 
 reasonable hope is there that another volume of Acta et 
 Decreta will be observed any better than the one on our 
 librar}' shelves? What reason under heaven have we to 
 believe that such will be the case? Absolutely none. 
 Experience is our teacher, and in the light of past 
 experience, were a Plenary Council to be convoked to- 
 morrow, and make the most stringent laws, embodied in 
 another volume of Acta et Decreta, it, like the volume 
 of the Acta et Decreta of the II. Plenary Council of 
 Baltimore, would in all probability be quietly " laid on 
 the shelf," first by our venerable prelates themselves 
 as they did before, and then by the clergy who 
 could not be expected to follow laws and regulations 
 which they ignored, or openly violated. No general 
 Council, therefore, at the present time will or can for 
 obvious reasons, remedy the evils resulting from our 
 anomalous form of ecclesiastical government. In the 
 judgment of many of the clergy and of some of our 
 
346 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 venerable prelates themselves, there is but one speedy 
 and efficacious remedy for them. That remedy is the 
 appointing by Rome of an Apostolic Delegate to these 
 United States. Such an authority in our midst is at the 
 present time absolutely necessary for the enforcement of 
 the laws of discipline made by the II. Plenary Council of 
 Baltimore, and contained in the various Instructions from 
 Rome; necessary to relieve the Holy See itself which of 
 late years, owing to uncanonical methods of action in 
 those constituted in authority, has been literally over- 
 whelmed with complaints from this country. I fear, 
 alas ! that without an Apostolic Delegate our generation 
 will pass with Instructions, and Acta et Decreta, and 
 Consiliarii, etc., on paper and nothing more. 
 
 If indeed each diocese had well organized ecclesiastical 
 courts of justice, or even its regularly appointed quasi 
 Judicial Counsel as commanded by the recent " Instructio" 
 Quamvis of our most Holy Father Leo XIII., and if, 
 moreover, every ecclesiastical cause were canonically 
 brought before it, and canonically treated, and in case of 
 appeal, the appeal were accepted and acted upon by the 
 Metropolitan, or Senior Bishop, with the right of 
 ultimate appeal to Rome, there would be no need of an 
 Apostolic Delegate, except as an occasional visitor. But 
 as matters now stand, an Apostolic Delegate is absolutely 
 necessary, not only for the reasons given above, but for 
 the special reason that his presence and authority are 
 needed to enforce obedience to the laws already enacted. 
 For now even, although Rome " decrevit et stricte man- 
 davit" that " Consiliarii " should be appointed in each 
 
APOSTOLIC DELEGATE. 347 
 
 diocese "quamprimum," and that all ecclesiastical causes 
 should be brought before them, not many of our vener- 
 able prelates, as far as I can learn, have heeded this solemn 
 injunction made by virtue of holy obedience, or if they 
 have gone through the formality of constituting in their 
 dioceses Quasi Judicial Counsels, I doubt much if 
 there has been one case tried in the United States 
 according to the spirit and letter of the " Instructio " 
 since its promulgation. It is sad to think, as it is omin- 
 ous of evil days for the Church in the United States, that 
 any constituted in authority should be so heedless of the 
 voice of the Head of the Church, whence they obtain 
 their dignity and jurisdiction, yet it is, alas ! but too true, 
 showing to us and to them not only the importance, but 
 the imperative necessity of an Apostolic Delegate to en- 
 force obedience to the laws of the Church, and to the 
 voice of the Supreme Pontiff, the Vicegerent of Jesus 
 Christ in the government of His Church. 
 
 A Plenipotentiary, therefore, of the Holy See, or an 
 Apostolic Delegate, is necessary for this country. The 
 clergy are heartily sick and tired of the arbitrary and un- 
 canonical manner in which, as a rule, they have been 
 treated. They cry out for a representative of the Holy 
 See in the United States. The universal complaint that has 
 gone up for years from the clergy of the United States 
 is, that Rome is so far distant that years sometimes are 
 required to have causes decided by it. In consequence 
 much injustice has been silently submitted to, rather than 
 accept the weariness and heart-sickness of delay, neces- 
 sarily attendant on having recourse to the Holy See. 
 
348 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 When even recourse is had to Rome, from the evidence 
 submitted by each side, devoid of certainty and other 
 characteristics of credibility ; evidence always open to 
 doubt in the absence of the secure forms of a legal 
 process, the confrontation and examination of witnesses, 
 etc., it is often difficult, if not impossible for Rome even to 
 give a definite decision. Hence the words of the 
 "Instructio" Quamvis of July 20, 1878, "Dolendum au- 
 tem est non raro evenire, ut in transmissis actis, plura, 
 eaque necessaria desiderentur, atque, perpensis omnibus, 
 gravia ssepe dubia oriantur, circa fidem documentis hisce, 
 in causis allatis, habendam, vel denegandam." 
 
 Moreover the clergy, as a body, have silently resolved 
 to demand, most respectfully, but with Christian firmness, 
 their just rights so long denied them by the anomalous 
 ecclesiastical form, or no form of government that has 
 obtained, and is in danger of being established, or per- 
 petuated in this land, and in this they act according to 
 the spirit and letter of the laws enacted by the Holy 
 Mother whom they serve. They demand in the name of 
 the Apostolic See, when any difficulty arises between 
 them and their ecclesiastical superiors, that the provisions 
 of the late " Instructio" Quamvis be carried out in toto ; 
 that all the formalities and safeguards for their just liber- 
 ties there and elsewhere laid down, be conscientiously 
 and scrupulously observed, according to the letter of the 
 law and the spirit of justice. They demand that the laws 
 of the II. Plenary Council of Baltimore be enforced, 
 especially that one which forbids any ecclesiastical 
 superior to dismiss his subject uncanonically. They ask 
 
APOSTOLIC DELEGATE. 349 
 
 that the " Instructio" de tit. ord. be complied with and all 
 the other Instructions from Rome be observed. They 
 ask, in the name of the rising generation, and of millions 
 yet unborn, that the voice of Rome on Christian educa- 
 tion, and the prohibiting to Catholic children of the 
 godless schools of the land, be enforced. 
 
 All these things and others of importance cannot be 
 accomplished without the immediate and personal super- 
 vision of one higher in authority than any of our 
 venerable prelates ; of one who has plenary jurisdiction, 
 or a Delegate of the Apostolic See. After he had lived 
 in our midst for a few years, and seen with his own eyes 
 the true status of ecclesiastical affairs in this country, then 
 perhaps with great benefit to religion in the United 
 States, might a Plenary Council be called together. 
 
 For even after an Apostolic Delegate had brought order 
 out of confusion, and secured the observance of the laws of 
 discipline already enacted by Rome, or laid down in the 
 Acta et Decreta of the II. Plenary Council of Baltimore, 
 much good would still remain to be done by our vener- 
 able prelates, in Council assembled. 
 
 There is a vast field open for the zeal, learning and pas- 
 toral solicitude of the hierarchy of this land, which could 
 bring forth good fruits of glory to God and salvation to 
 souls, only by the concerted action of our bishops in Plen- 
 ary Council assembled, after an Apostolic Delegate, with 
 their co-operation, had given autonomy to the Church in 
 the United States. The harvest is indeed ripe. Look at 
 the vast domain over which our country's banner 
 floats. Was there ever a field from which so teeming a 
 
350 THE RIGHTS OF THE CLERGY VINDICATED . 
 
 harvest of souls could be reaped ? Was there ever a peo- 
 ple on the face of the earth, who loved fair play and 
 justice so well, if we except a handful of bigots, whose 
 hatred of the Church comes only from their ignorance of 
 its truth, beauty and grandeur? Was there ever a people 
 so open to conviction as are the great body of the American 
 people ? And yet have any extraordinary efforts ever been 
 made to bring to them the true faith of Jesus Christ? 
 
 There are thousands and tens of thousands in the North 
 as well as in the South, in country places especially, who 
 would eagerly accept the true faith, were it presented to 
 them in its beauty and simplicity, and the calumnies 
 against it refuted. Doubtless that grand missionary 
 order of St. Ignatius of Loyola who were amongst the 
 pioneers of the faith in this new world, who travelled its 
 primeval forests in search of souls, and watered it with 
 their sweat and blood, would gladly undertake the less 
 arduous task of converting the tens of thousands who are 
 asking for the Bread of Life and find none to give it to 
 them: and who in the absence of Apostolic preachers 
 crowd to suffocation at so called revivals, the tabernacles of 
 error, trying in vain to satiate with the husks of swine that 
 craving after truth and happiness implanted in their souls 
 by the hand of the Creator. 
 
 I appeal for example, to all who know anything of the 
 Southern people, of their temper and dispositions, to say 
 if zealous missionaries sent amongst them would not 
 effect incalculable good. The same can be said of the 
 Northern people remote from cities. The Jesuits, no 
 doubt, would go to the people of the North or of the South 
 
APOSTOLIC DELEGATE. 351 
 
 deprived of the ordinary means of hearing the Word of 
 God, as they went formerly, and go yet to the savage 
 tribes of the West ; " but how can they go unless they be 
 sent ? " These people of whom I speak, the great body of 
 the American people remote from cities, never in their 
 whole lifetime have an opportunity of hearing a Catholic 
 priest, and they live and die in ignorance of the true faith, 
 when a little zeal and a little preaching would bring many 
 of them into the Ark of salvation. A Plenary Council 
 might make some arrangement by which the light of 
 truth and Christianity would reach these desolate and 
 famishing souls. 
 
 Again, in the South is a multitude of our colored breth- 
 ren, whose docility of character, and many innate good 
 qualities would facilitate the spread of the true faith 
 among them. But they have none to break to them the 
 Bread of Life except a lew missionaries from England, 
 and the few scattered secular priests of the South, who are 
 abundantly occupied with their several congregations. 
 
 There is a variety of discipline in the United States for 
 which there is no need, and which a General Council could 
 correct. In one diocese meat is allowed during Lent three 
 times a day for laboring men, whilst in others it is allowed 
 at the principal meal only. Tncidently may I not ask, ii 
 it would not be wise to allow working men to eat meat 
 three times a day during lent, excepting Wednesdays and 
 Fridays, Ash Wednesday, Holy Thursday, Good Friday 
 and Holy Saturday ? 
 
 In some dioceses the Circumcision, Epiphany, Annun- 
 ciation, and Corpus Christi are holy-days of obligation, 
 
352 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 in other dioceses they are simply feasts of devotion. 
 Whilst in the same city some Catholics are devoutly hear- 
 . ing - mass and listening to the word of God, other Catholics 
 from a neighboring diocese are trying to sell their wheat 
 and potatoes in the market place. What need is there of 
 this diversity of laws? Is it not rather an abuse? Would 
 it not be better, and more in accordance with the spirit 
 of the Church to have the same feasts of obligation as well 
 as the same fast days throughout the whole United 
 States? 
 
 Then again the subject of Catholic education is of itself 
 of sufficient importance to engage the attention of the 
 hierarchy in Council assembled. Catholic education is 
 the corner stone, and only solid and permanent foundation 
 of the Church in these United States. It is the battle- 
 field, as the venerable saintly Elder recently expressed it, 
 on which the devil and the world" on the one hand, and 
 the church of Jesus Christ on the other, is contending for 
 immortal souls, and the devil and the world will gain the 
 day, if those who have been appointed the generals of 
 God's army hide themselves from view, or regard the 
 conflict with supine indifference. Thanks be to God, some 
 of our venerable prelates have, beyond doubt, shown and 
 proved themselves true and fearless champions of God 
 and of his Holy Church. With Apostolic zeal they have 
 raised their voices in condemnation of the system of 
 education without God which prevails throughout the 
 land, and informed their flocks that they are unworthy of 
 the name of Catholics, and unworthy to participate in the 
 Sacraments, if they neglect their most important duty of 
 
APOSTOLIC DELEGATE. 353 
 
 giving to their children a true, Christian, Catholic 
 education. But it grieves me to say that a timidity and 
 cowardice characterize others in authority, and the wolf 
 of godless schools is ravaging their flocks, whilst they 
 look on, like dumb dogs, with no voice raised in favor of 
 Catholic education and Catholic schools. When their 
 bones are rotting in their graves, and their souls are in 
 eternity, the stately cathedrals and grand churches of 
 their dioceses will be empty emptied by the godless 
 system of education which they implicitly sanctioned by 
 not raising their voices against it, and neglecting to take 
 the means to counteract its baleful influences. 
 
 No Catholic bishop, at the peril of his immortal soul, 
 can be indifferent now-a-days to Catholic education. Let 
 the cathedral wait, let the grand church wait, let all the 
 other improvements of his diocese wait, he has need only 
 of the school- house the school-house or seminary to edu- 
 cate his priests and the school house to educate the chil- 
 dren of his people. His cathedral, and the ample parish 
 church, and all else for the glory of God will follow of 
 necessity. 
 
 This matter of education is the grand and essential 
 question of the day. No bishop, no priest, no Catholic 
 layman, ought to be indifferent to it. We suffer, it is true, 
 under many disadvantages and have many obstacles to 
 overcome to give to Catholic youth an education in no 
 way inferior to that of the public schools, or rather 
 infinitely superior to it. But our venerable prelates must 
 unanimously and unflinchingly direct the conflict. The 
 zealous clergy and devoted laity will fight the battle and 
 
854 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 gain the victory. Nay more, if we Catholics were to 
 openly and bravely demand our inalienable right, the 
 right to have our schools receive a just share of the 
 public moneys, we would obtain it in the end. The 
 American people love fair play and they will yet see the 
 justice and reasonableness of our request, and, moreover, 
 convinced as they will be sooner or later of the import- 
 ance and necessity of a religious education for youth, 
 they will inaugurate a system which will not give offence 
 to the consciences of any class of citizens. 
 
 A matter of supreme importance to the present and 
 future welfare of the Church is Trusteeism or Committee- 
 lsm, which could engage the wisdom and legislation of 
 our Bishops. In some places Committeeism or Trusteeism 
 is a veritable curse, undermining the authority of the 
 priest and consequently of the Bishop, and accompanied 
 with many other fruits of evil, of which every priest is 
 cognizant, and I suppose every bishop in the dioceses 
 where this system, foreign to the constitution of the 
 Church, exists. 
 
 Could not a more satisfactory method of appointing 
 bishops be inaugurated to the great benefit of the Church 
 in the United States? The laity, even in the early ages 
 of the church, had a voice in this matter. Why not give 
 the clergy the right of indicating at least who would be 
 acceptable to them ? Rome has intimated that it would 
 be pleasing to her, if the clergy had a vote in the selection 
 of those who are placed over them, as is the case in Ire- 
 land. What earthly reason can there now be to refuse 
 the clergy, at least rectors of missions, this privilege ? 
 
APOSTOLIC DELEGATE. 355 
 
 They know well the worth, and virtue and qualifications 
 of each member of their body, and their choice would 
 no doubt be characterized by prudence and justice. 
 Another list sent by the clergy to Rome might be ot 
 avail to place in the episcopal chair men of learning, 
 wisdom, prudence, charity, zeal, in a word, good and 
 great men, and is not this precisely what each and every 
 one of our venerable prelates desires ? 
 
 Or if they are unwilling to give the clergy, of the whole 
 diocese a vote in the selection of their bishops, would it 
 not be advisable for them to institute cathedral chapters 
 like those which exist in England, who would help them 
 in the government of their dioceses, administer the same 
 sede vacante, and select the names of those suitable for the 
 episcopal office? Smith, in the American Catholic Quar- 
 terly Review, vol. iii., p. 718, treating of this matter, says : 
 
 " Would it be feasible to institute chapters in this coun- 
 try on the model of those in Ireland or England? 
 Throughout England, as we have shown, there are canon- 
 ically established chapters, having corporate organizations 
 and officers of their own. There are no prebends or 
 canons' benefices. Hence the canons are pastors or 
 professors, living, not near the cathedral, but in various 
 parts of the diocese. They ordinarily meet but once a 
 month, and are excused from the obligation of residing 
 near the cathedral and of saying the " office " in choir, 
 They select the three candidates to be proposed to the 
 Holy See for vacant bishoprics, and upon them, or rather 
 their vicars-capitular, devolves the administration of 
 the diocese, sede vacante. From the above it is apparent 
 
356 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 that chapters, as they exist in England, could easily be 
 introduced into nearly every diocese of the United States. 
 The permission of the Holy See would indeed be requisite, 
 but there could be no difficulty in obtaining- it." 
 
 Therefore, to sum up all I have said in this chapter, 
 there is an urgent, absolute necessity at the present time 
 for an Apostolic Delegate to these United States. After 
 a residence of a few years, when he was thoroughly 
 conversant with the ecclesiastical status of this country, 
 and understood well its wants, he could, with additional 
 authority from Rome, call together our venerable prelates 
 in council to establish on a firm basis what he had ac- 
 complished, and make such other laws as the circumstances 
 of the times and needs ;of the Church might require. 
 
CHAPTER XXVI. 
 
 ECCLESIASTICAL ASYLUMS. 
 
 The principle I have been contending for in the fore- 
 going pages, and which I flatter myself I have abundantly 
 proved to be in accordance with the spirit and teaching 
 of the Catholic Church, is, that no priest who may have 
 erred and is not contumacious, ought to be refused the 
 opportunity of doing penance for his sin and redeeming 
 it as far as in him lies above all, that it is an outrage on 
 the priesthood, and calculated to bring infamy on the 
 Church, to dismiss such a one from his diocese and 
 abandon him to the charity of the public. 
 
 Few, if any, I think, among the clergy, will dispute 
 this proposition, especially if they call to mind the 
 weighty and venerable authorities I have adduced in its 
 support throughout these pages. I need not, therefore, 
 waste time in proving the necessity and importance of 
 providing for an erring clergyman a home or a refuge of 
 some kind, where he can live a life in harmony with his 
 sacred character. 
 
 When I established the fact by the most incontrovertible 
 and venerable authorities, that any priest, not contu- 
 macious, has a right to an honest subsistence, I proved at 
 the same time as a consequence, the necessity of placing 
 him in some religious house or monastery where alone 
 such subsistence can be furnished, without the obvious 
 
358 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 inconveniencies that would attend his maintenance in the 
 world, or even in a seminary or a college. 
 
 Moreover, the forgiveness of sin and reconciliation of 
 the sinner, one of the fundamental tenets of our holy 
 faith, the mercy and charity of Jesus Christ for sinners, 
 the clemency of the Church, the example of her 
 sainted and illustrious bishops in all ages who ever and 
 always, like their Great Model, treated their clergy with 
 mercy and charity, even when obliged to use towards 
 them the rod of correction, the tenor of the Church's 
 wise, salutary and merciful canons of discipline, the 
 Decisions of Roman Pontiffs and Sacred Congregations, 
 all plead, indirectly at least, if not explicitly, for such a 
 wise and charitable disposition of a frail or erring clergy- 
 man. Cutting him altogether loose from his moorings, 
 and sending him adrift on the open sea of the world, is to 
 expose him to almost certain shipwreck. Something 
 should be done to save him, unless it be said that the 
 bishops, priests and faithful of the United States care 
 naught for the dignity and honor of the sacerdotal 
 character. 
 
 The easiest, surest and most efficacious means to 
 benefit a clergyman who ma}' have strayed from the path 
 of discipline and at the same time save the honor and 
 good name of the Catholic Priesthood and serve reli- 
 gion, indirectly at least, is to furnish him a home for a 
 time in some monastery. There are monasteries of the 
 different orders located throughout the United States, 
 whose superiors would charitably receive delinquent 
 clergymen, did their bishops make some provision with 
 
ECCLESIASTICAL ASYLUMS. 359 
 
 them for their maintenance. The Benedictines, Passion- 
 ists, Trappists, Franciscans, and Capuchins have large 
 monasteries in which they could give an asylum for a 
 year or more to any clergyman, who, in the judgment 
 of the bishop's Commission of Investigation, or of Rome, 
 would need such retirement. Then all scandals would 
 have an end, the bishop would have a light conscience in 
 the matter, and the poor priest would be temporally and 
 spiritually benefited. 
 
 In a religious house of this kind, he could expiate his 
 error and recover from its evil effects. There he could 
 undergo a term of probation, determined by his bishop 
 after a quasi judicial investigation of his case, and when 
 he had complied with it, or under a wise and prudent 
 superior, when he had given ample evidence of a sincere 
 reformation, and was deemed trustworthy, he could 
 again be allowed to pursue his vocation. 
 
 Many a clergyman, were he thus treated prudently 
 and canonically, would afterwards prove a more efficient 
 and faithful laborer in our dear Lord's vineyard, than he 
 would probably otherwise have been. His transient fall 
 would ever after be a spur to attempt and to do great 
 things for God's glory, as the soldier convicted of cowar- 
 dice on the battle field will sometimes seek the post ot 
 danger, and court death to wash out the stain on his 
 honor. 
 
 The members of the Community that have charge of 
 clergymen sent to them on probation, should ever and 
 always be profoundly impressed with the reverence due 
 the priestly character, independently of any personal 
 
360 TEE EIGHTS OF THE CLERGY VINDICATED. 
 
 idiosyncrasies, or foibles, or short comings in its subject 
 He certainly would not be a true religious, but a living 
 parody on the religious profession, a disgrace and 
 reproach to his order in particular, and a scandal to his 
 more worthy brethren in religion, who would look down 
 with contempt upon any of God's immortal creatures, 
 much more if that contempt were manifested towards 
 any of His anointed. 
 
 The religious should enforce strict, but not too rigor- 
 ous discipline. They should have in view to bring about 
 in the subject sent to them a thorough conversion and 
 reformation, the acquisition of true and solid piety, and of 
 the habit of order, regularity, love of prayer and of their 
 sublime calling, virtues that will insure perseverance in 
 after life. Therefore, a few months only in a mon- 
 astery IS ALMOST USELESS. A YEAR, IN MY HUMBLE 
 JUDGMENT, SHOULD BE THE LEAST PENANCE AS A RULE 
 
 INFLICTED FOR ORDINARY faults. Frequently a longer 
 probation would be advisable and oftentimes necessary. 
 
 The matter of a Ride for clergymen thus retired is 
 something so important, that it ought to be drawn up or 
 at least approved by a committee of zealous bishops or 
 priests who love the glory of God's house, and the honor 
 ol the Priesthood. Incalculable is the amount of good a 
 wise and just rule would accomplish much the amount 
 of misery a lax or no rule would engender. Of course 
 the hourly exercises of a seminary would be not only 
 inconvenient, but uncalled for. There should, however, 
 be a fixed hour for rising and retiring, for meals and 
 recreation, and for the duties of Morning Prayer, 
 
ECCLESIASTICAL ASYLUMS. 3G1 
 
 Meditation, Mass, the Divine Office, Particular Examen, 
 Spiritual Reading, the Rosary, . Night Prayers and 
 Examination of Conscience. The rest of the day each one 
 could devote to study according to his individual neces- 
 sities and liking, and in accordance with the advice of a 
 wise and prudent director. It is not for me to enter into 
 the details of such a rule, yet from my acquaintance in 
 general with the habits and sentiments of the clergy I 
 may be permitted to make a few suggestions. 
 
 In the first place no one will accept the shelter of a 
 religious House who has not more or less love for his 
 vocation, and is not sincere in his desire to correct him- 
 self of any fault into which he may have fallen. Whilst 
 therefore, for the good government of the House, for the 
 sake of good order in general and for the comfort of all 
 the inmates, the liberty of the latter must necessarily be 
 restricted, yet it is evident that clergymen confined 
 therein should not be treated as schoolboys or seminarians, 
 much less like criminals. They are supposed to be men 
 of good will and of common sense, and as priests should 
 be treated with the kindness and consideration to which 
 their sacred character entitles them. 
 
 Besides delinquent clergymen, another class of clergy- 
 men could be sent to these monasteries selected by the 
 bishops, or perhaps to others of a less rigorous observance, 
 viz : those clergymen whose ecclesiastical education has 
 been so sadly neglected that they are really unfit for good 
 in the ministry. They could there complete, or rather 
 correct their education. It is a well known but sad fact, 
 that some have been thrust into the priesthood after a 
 
362 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 most superficial course of study, and still more superficial 
 course of ecclesiastical training. The consequences are 
 lamentable in the extreme. Hence we meet priests who 
 are such only in their external appearance, and often not 
 even in that, priests who in their actions, speech and 
 manner, evince nothing at all of the spirit of the Church 
 of Jesus Christ. They are not so much to blame as the 
 institution that pretended to fit them for the ecclesiastical 
 state, or those who call them to orders. The)' are of 
 little or no use to the Church, often a positive injury to 
 it, and the only hope of turning them to some profit is 
 in placing them in a monastery for two, three or four 
 years, until they acquire something of the spirit of the 
 ecclesiastical state and the learning suitable for it. Such 
 disposition of them would be a mercy to themselves, to 
 the Church, and to the faithful. 
 
 Such, briefly, are my humble views of the disposition 
 that should be made of clergymen who have strayed from 
 the path of virtue ; of the rule of life they should follow 
 in the asylum to which their bishops relegate them, and ol 
 the treatment they should receive from the religious 
 thereof. All this, of course, should be maturely consid- 
 ered by our venerable prelates, and with wisdom and 
 charity, zeal for the interest of the Church as well as those 
 of the individual guiding their deliberations, they will 
 select a Religious House or Houses, and form a rule for 
 the government of their subjects therein, that will give 
 satisfaction to all, and be productive of inestimable good 
 to the Church. It seems to me that the most austere re- 
 ligious house in each diocese would be the proper place 
 
ECCLE8IASTICAL ASYLUMS. 363 
 
 for any priest of the diocese, who may have erred, to do 
 penance for his sin. 
 
 I certainly do not think it wise or prudent to gather in- 
 to one Institution delinquent clergymen from the various 
 dioceses of the United States. More evil than good would 
 probably result from such a course. There might, how- 
 ever, be some Religious House designated for those whose 
 moral or mental infirmities require years for their cure. 
 
CHAPTER XXVII. 
 
 CONCLUSION. 
 
 I have finished the task I proposed to myself, very im- 
 perfectly it is true, but to the best of my humble ability. 
 1 have but a few words more to say in conclusion. 
 
 I have arrived at that age which mostly brings wisdom. 
 With my long experience, I can look at things with a 
 steady gaze and an impartial judgment. I have looked 
 at the evil which I have discussed with the eyes of Faith, 
 and have spoken of it with the Christian liberty of the 
 Gospel, and that which Rome and my country give me. 
 I have had in view the good of the Church, the honor of 
 the priesthood, the welfare of the clergy, and the advan- 
 tage and glory of the mitre. 
 
 Let no one, therefore, among my critics, say that it 
 was in any spirit unworthy of an ecclesiastic that I pen- 
 ned the foregoing pages. I wrote them with all the rec- 
 titude of heart and purity of intention that I could bring 
 to any good work, and with the full consciousness of my 
 accountability to God and the Church. Having done my 
 work for God, with an, humble heart and a right purpose, 
 what men may say of me or of it will trouble me little. 
 My hope is, that in some way, and to some degree, it 
 will promote His glory and the good of the Church, and 
 for myself be meritorious to eternal life. I feel that hun- 
 dreds of priests and laymen likewise, and may I hope the 
 
CONCLUSION. 365 
 
 great body of our venerable Prelates, will bless me in their 
 hearts and with their lips too, for my humble effort in the 
 cause of ecclesiastical discipline. The subject of the 
 practical observance of Canon Law in the Church in the 
 United States, in the matters upon which I have written 
 and the evils which result from its non-observance, need 
 only be discussed, and brought to the attention of our 
 zealous bishops, to have it established, and these evils 
 abolished. They ought to be, and many of them are, I 
 believe, as anxious as the great body of the clergy for 
 law and order in the ecclesiastical discipline and regimen 
 of this country. 
 
 Neither let any one accuse me of writing in the spirit 
 of hostility to the venerable hierarchy of the United 
 States. The preceding pages are a sufficient refutation 
 of such an accusation. Whenever I have had occasion to 
 speak of the Episcopate as a body, or any individual 
 member thereof, it has been with the utmost respect and 
 in the spirit, I think, of a true priest. I have spoken the 
 truth, but I think in the right spirit, in a spirit which 
 places the interests of the Church and the honor of her 
 priesthood before any human consideration, and which 
 fears not to speak the truth, when the one or the other 
 demands it, lest some to whom it comes unpleasantly 
 home may be offended. No upright, honest man, much 
 less any true bishop or priest, will condemn me for em- 
 ploying my humble pen against an evil in the Church, 
 of such dire and lamentable consequences as that is of 
 which I have spoken in these pages, and if, in exposing 
 this evil, to have it remedied, one or another bishop, who 
 
366 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 governs his diocese and clergy unwisely and not well, 
 is hurt, he must make the sacrifice of his wounded feel- 
 ings to the Church's interests and honor, and wheel into 
 line with the rest of his venerable colleagues, who take 
 not their own will and judgment for their rule of action, 
 but the Church's laws of discipline, and the canonical 
 rules laid down by her, for their guidance. 
 
 I flatter myself that in all I "have written, no impartial 
 critic can find one line, nay, one word which breathes 
 any other than a spirit of loyalty to Church and Clergy. 
 Thank God, I entertain nothing but sentiments of affec- 
 tion and devotion for the venerable bishops of the 
 Church, my more honored brethren therein, whom I 
 dearly love in Jesus Christ, to whom I humbly hope I 
 am united in the bonds of charity, and by the communion 
 of saints, and with whom I likewise hope to be minister- 
 ing in eternity, " in sublime altare, in conspectu divinae 
 majestatis." 
 
 Nor can I be charged with disrespect in any thing that 
 has fallen from my humble pen. No one would find 
 fault with me, if I snatched hastily and with ungloved 
 hands a bishop's golden mitre or jewelled crozier, to save 
 it from falling into the mud ; neither let any one accuse 
 me of disrespect for having written the truth plainly, 
 without varnish or veneering, for the honor of the 
 episcopate and the good of the clergy. 
 
 Nor, in fine, let any one sa)% that I have championed 
 the cause of the unworthy as such. I have indeed raised 
 a voice in behalf of those whom the sainted Bishop 
 Luers of Ft. Wayne denominated : "Qui sunt, vel recenter 
 
CONCLUSION. 367 
 
 fuerunt indigni," but the remonstrance was prompted by 
 charity, mercy and justice it was suggested by the 
 honor of the Catholic Church, and of her venerable 
 priesthood. In this, I have not only echoed the voice 
 of one who was a worthy, zealous, and holy member of 
 the hierarchy ol these United States, whose memory is 
 even now held in benediction, and reverently and affec- 
 tionately spoken of by priests and people, the lamented 
 prelate just mentioned, but I have given utterance to the 
 voice of the Holy Catholic Church herself, as my author- 
 ities abundantly prove. I am in sympathy with the un- 
 worthy, as was Jesus Christ and his saints, and all bishops, 
 priests and people, who are animated by their spirit. 
 Though unworthy, I would wish to see them become 
 worthy, and though unworthy, I would not wish to see 
 them made outcasts, and a thing of reproach amongst men, 
 a reproach that necessarily falls upon Jesus Christ and His 
 Holy Church. 
 
 No more than any bishop in the Church, would I wish 
 to see a wolf in sheep's clothing devouring the flock. I, 
 no more than he, would wish to see the Precious Blood of 
 my Saviour poured through the Sacraments into the 
 hearts of the faithful by profane and sacrilegious hands. 
 Most sincerely do I say with every true bishop and 
 priest, that an unworthy clergyman ought not to be em- 
 ployed in the care of souls. I say most unequivocally 
 and most emphatically, without any mental reservation 
 whatever, that such a clergyman ought not to receive 
 " sustentatio," or support, by serving the altar which he 
 may have polluted by his unholy touch, and for the 
 
868 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 service of which he may have rendered himself utterly 
 unfit. 
 
 But when a priest is judicially convicted of being one 
 who cannot be intrusted with the care of souls, what, I 
 ask, is to be done with him ? He ought not to be em- 
 ployed on the mission as long as he is unworthy. This is 
 evident. He cannot be treated as the shepherd would 
 the wolf that invades his flock. This is still clearer. 
 Many a bishop in the United States, not wishing to be 
 troubled with so useless or pernicious a subject, and not 
 being able to employ him conscientiously on the mission, 
 turns him loose on the world, thus increasing his oppor- 
 tunities of inflicting harm on religion, and of devouring 
 souls. This is precisely the evil that I have tried to 
 bring to the attention of our venerable hierarchy in the 
 preceding pages. 
 
 But because a clergyman may be unworthy or 
 untrustworthy, it does not necessarily follow that he 
 must be abandoned altogether by his legitimate ecclesi- 
 astical superior. This is not the only remedy for the 
 evil, or rather this is a remedy worse than the disease, or 
 no remedy at all, whose fruits of death are greater than 
 the original evil. The only proper and sensible remedy 
 to apply to a delinquent clergyman is that which I have 
 demonstrated to be such, viz: a canonical punishment 
 canonically inflicted. 
 
 Our venerable prelates, therefore, should not only 
 follow to the letter the provisions of the II. Plenary 
 Council of Baltimore, and those of the late " Instructio" 
 of July 20, 1878, but they should likewise make arrange- 
 
CONCLUSION. 369 
 
 ments with the Superiors of Religious Houses of strict 
 observance, so that their ecclesiastical courts could send 
 to their monasteries a clergyman for one year, or more, 
 or for his lifetime, according to the findings in his case. 
 The fact of his having committed some fault several 
 times, or of his uselessness for the ministry, ought not, 
 for the honor at least of the priesthood, entail on him 
 that frightful fate worse than death itself, of being made 
 a forlorn and helpless outcast. He should be punished 
 as the Church and her Holy Canons direct, " in emenda- 
 tionem " but never "in ruinam." To dismiss him uncan- 
 onically from his diocese without a home or a refuge of 
 any kind, oftentimes friendless and penniless, is most as- 
 suredly " in ruinam." This is diametrically opposed to 
 the spirit of the Church and the letter of her Holy 
 Canons. The method of action towards a delinquent 
 clergyman, therefore, laid down by the latter, viz : that of 
 giving him a canonical investigation followed by a canon- 
 ical punishment, blends justice with mercy, and reconciles 
 the rights of all parties, bishop, priests and people. 
 
 And, if those even who are considered incorrigible, or 
 whose perversity renders them unfitted for the ministry, 
 should, for the sake of the reverence due the priestly 
 character and the honor due the Church, be cared for, as 
 I have abundantly proved, by being assigned a home in 
 some ecclesiastical asylum, or other appropriate refuge, 
 how much more should charity and justice stay the hand 
 of a bishop from making of a priest of good will and 
 honest dispositions a pariah among men! No matter 
 what a priest's fault may have been, he is treated unjust- 
 
370 THE BIGHTS OF THE CLERGY VINDICATED. 
 
 ly when he is refused a canonical investigation followed 
 by a sentence canonically passed. 
 
 It requires in fact and in deed heroic virtue to bear up 
 against the years of uncanonical punishment that have 
 been so frequently inflicted on clergymen in the United 
 States who have erred, but whose sin was far from be- 
 ing unpardonable. God sustained many of them, and 
 brought them through the terrible ordeal, but how many 
 succumbed through sheer desperation, eternity alone will 
 tell. The delicate and beautiful flower of the garden, 
 watered and cultivated by tender and loving .hands, is 
 often nipped by the chilly blasts or sudden frosts of autumn. 
 It droops and dies. In like manner, it has happened more 
 than once in the fair and beautiful garden of the Church 
 in these United States, that a priest with bright prospects 
 and flattering hopes, with high and noble aspirations, 
 and goodly and generous impulses, has been blighted 
 forever, by the rigorous, uncanonical treatment of his 
 ecclesiastical superior. Like the fair, promising flower, 
 he too droops, aye, and sometimes dies of a broken 
 heart, in the spring time or prime of life. The unjust 
 treatment he receives from him to whom he was taught 
 to look up to as a father often causes him to lose all 
 energy, all hope, all honorable ambition. He who, had 
 he been taken in the kind spirit of Christian and sacer- 
 dotal charity and friendship, or been dealt with accord- 
 ing to the spirit and letter of the just and merciful Canon 
 Law of the Church, might have become a good and use- 
 ful laborer in the vineyard of the Church, sinks into 
 indifferentism, if not into something worse. 
 
CONCLUSION. 371 
 
 In the end, as in the beginning of my humble work^ I 
 appeal to our dearly beloved archbishops and bishops, 
 to put an end to the evil of which I have spoken in these 
 pages, and which has inflicted so much misery on religion 
 and on individuals. 
 
 You love the Good Shepherd, of whom each of you,.im 
 your respective dioceses, is the chief representative. For 
 His dear sake, remedy this evil. His Sacred Heart beats 
 with unutterable love and compassion for even the vilest 
 and most ungrateful sinner. Let yours at least feel pity 
 and compassion for your poor, erring priest, and punish 
 him as a father punishes his child, with mercy ever blend- 
 ed with justice, and according to the principles of the 
 Gospel and the Canon Law of the Church. The crosier 
 reminds you that you are his shepherd, whose duty is so 
 plainly and beautifully marked out by Jesus Christ: 
 " What man of you that hath a hundred sheep : and if 
 he shall lose one of them, doth he not leave the ninety- 
 nine in the desert, and go after that which was lost until 
 he find it? And when he hath found it, lay it upon his 
 shoulders rejoicing: And coming home call together his 
 friends and neighbors saying to them : Rejoice with me, 
 because I have found my sheep that was lost ?" Luke 
 xv. 4-6. 
 
 You love the Church, the beautiful and chaste bride 
 to whom you are wedded, of which fact the ring on your 
 finger constantly reminds you. For her sake, and for her 
 dear honor, put an end to this disorder. 
 
 You love souls redeemed at the price of the precious 
 Blood of Jesus Christ. They cry to you to remedy this evil. 
 
372 THE EIGHTS OF THE CLERGY VINDICATED. 
 
 You love the priestly character, of which you possess 
 the fulness. To shield it from contempt and infamy and 
 ignominy, let not him who bears it impressed on his soul, 
 how unworthy soever, be made an object of reproach, 
 and an outcast amongst the people. 
 
 You love the soul of your erring brother and child, 
 upon whom you yourself may have imposed hands, who 
 is at least a child of your diocese, who, in any case, is 
 one of God's anointed, whom He once called friend, and 
 may yet again, " vos amici Mei estis." In your zeal and 
 solicitude for his salvation, give him the opportunity 
 of redeeming his sin, or if he is incorrigible, which is 
 seldom the case, give him a home, or a refuge of some 
 kind, where he can live as becomes his sacred character. 
 
 You love, in fine, your own soul dearer than all things 
 else on earth. For the love you bear it in consideration 
 of the accountability you, in common with all others, will 
 one day be called upon to render to the Supreme Pastor 
 of souls, with Whom " there is no respect of persons," 
 treat your clergy as the Church and her Sacred Canons 
 direct give them the advantages of a fair, impar- 
 tial investigation when charged with any fault, and a just 
 punishment if found guilty above all, do not dismiss 
 them helplessly from their dioceses, until you have placed 
 them under another superior, or have secured for them 
 a refuge of some kind. 
 
 Dearly beloved archbishops and bishops of the United 
 States, prostrate in spirit at your feet, most supplicatingly 
 do I beseech you, "through the tender bowels of the 
 compassion of Jesus Christ," the Great and Good Shep- 
 
CONCLUSION. 373 
 
 herd of souls, and in the name of hundreds of the clergy, 
 to heed this cry of distress that now reaches your ears. 
 Establish Canon Law as far as practicable and necessary, 
 especially in all that concerns your relations with your 
 clergy. This will remedy the evil which I have brought 
 to your attention in these pages, as well as all other ordi- 
 nary ecclesiastical grievances. In the meantime, be not 
 offended, if I, in unison with hundreds of others, earnestly 
 but most respectfully entreat of you, to carry out in 
 practice, the laws of the II. Plenary Council of Balti- 
 more for the protection of the clergy, as well as the 
 provisions of the admirable " lnstructio " Quamvis 
 recently issued by the Sacred Congregation of the 
 Propaganda, with the explicit approbation of the august 
 Head of the Church. For the honor of our Holy 
 Religion, for the good name of your clergy, for your 
 own and their salvation, as well as for the welfare of the 
 laity, do not dismiss, uncanonically, any clergyman from 
 his diocese, and besides, use your influence with your 
 venerable colleagues in the episcopate to have this evil 
 forever abolished. 
 
 SOLI DEO 
 
 GLORIA SUPREMA, 
 
 BEATISSIMEQUE MARINE IMMACULATE, 
 
 FEDERATORUM SEPTENTRIONALIS AMERICA STATUUM 
 
 K\MM PATRONS, 
 
 LAUS 
 PERPETUA. 
 
APPENDIX. 
 
 
 
 Appendix I. 
 RESPONSUM. 
 
 S. CONGREGATIONS DE PROP. FIDE. 
 
 Ad dubia circa modum servandum ab Episcopis Foederatorum 
 Septentrionalis America Statuum in cognoscendis et 
 definiendis causis criminalibus et disciplinaribus Cleru 
 corum. 
 
 Instructio diei 20 Julii, 1878, lata est de casibus, in qui- 
 bus ecclesiastica poena seu censura sit infligenda, aut gravi 
 disciplinari coercitioni sit locus. Hinc Concilii Plenarii 
 Baltimorensis II. decreta N. 125, quoad naturam Missio- 
 num, NN. 77, 108, quoad juridicos effectus remotionis 
 Missionariorum ab officio nullatenus innovata seu infirmata 
 fuerunt. 
 
 I. Episcopi vero curent, ne Sacerdotes sine gravi et 
 rationabili causa de una ad aliam Missionem invitos 
 transferant. Quod si de alicujus Rectoris definitiva re- 
 motione a munere in poenam delicti infligenda agatur, id 
 Episcopi executioni non mandent, nisi audito prius Con- 
 silio. 
 
 II. Electio Consiliarioru'm facienda est in Synodo ad 
 instar deputationis, seu , .canonicae electionis Judicum 
 Synodaliura, qui non a Clero, sed ab Episcopo eliguntur, 
 
APPENDIX. 375 
 
 audito quidem consilio clericorum in Synodo, etsi ex cau- 
 sis sibi notis Mud amplecti postea Episcopus noluerit, ut bene 
 observat Benedictus XIV. De Syn. lib % V. cap V. num 5. 
 Hie absonum est, ut in casu de quo agit Instructio, horum 
 Consiliariorum electio ad Clerum pertineat. 
 
 Extra Synodum electio absolute ad Episcopum perti- 
 net, quem decet, ut votum audiat reliquorurn Consiliario- 
 rum in casu subrogationis alicujus qui defecerit, prout 
 Episcopus in casu deficientis Judicis Synodahs debet 
 exquirere Capituli consilium, sed Mud sequi non tenetur. 
 
 III. Votum a Consilio datum est semper consultivum, 
 et sententia definitiva Episcopo est reservata; quando 
 enim Canones dicunt aliquid ab Episcopo de Capituli vel 
 Cleri consilio agendum esse, non propterea necessitatem 
 ipsi Episcopo inducunt illud sequi, nisi expresse id cautum 
 sit. Hinc recte dicitur in Instructione, hos Consiliarios 
 Episcopo in causis definiendis auxilium prcebere, minime vero 
 ipsos decidere. Sed inquisitionis acta, et opinio pandita a 
 Consiliariis est semper inserenda processui. 
 
 Ex quibus patet officium Consiliariorum judiciale qui- 
 dem esse, cum instructio sitiisdem commissa, ac tanquam 
 Adsessores Episcopo adsistant : sed patet etiam judicialis 
 et definitivae sententiae prolationem Episcopo esse unice 
 reservatam. 
 
 IV. Per Instructionem sublata non est Episcopis extra- 
 ordinaria facultas procedendi ad suspensionem ex infor- 
 mata conscientia, quatenus gravissimas et canonicas causas 
 concurrere in Domino judicaverint, aut gravi et urgente 
 necessitate pro salute animarum, etiam non audito consilio, 
 remedio aliquo providendum esse censuerint. 
 
376 APPENDIX. 
 
 Liberum cuique Rectori est alium Sacerdotem ab Epis- 
 copo approbandum secum habere coram Consilio sive ad 
 simplicem adsistentiam sive ad suas animadversiones aut 
 defensionem exhibendam. 
 
 JOAN. CARD. SIMEON1 Sacr. Congr. Pr^f. 
 
 J. B. Agnozzi Secret. 
 
 Appendix II. 
 INSTRUCTIO 
 
 S. C. DE PROPAGANDA FIDE. 
 
 De Scholis publicis ad Rmos. Episcopos in Fcederatis 
 Statibus America Septentrionalis. 
 
 Pluries S. Congregatio de Propaganda Fide certior 
 facta est in Fcederatis Statibus Americas Septentrionalis 
 Catholicae juventuti e sic dictis scholis publicis gravissima 
 damna imminere. Tristis quocirca hie nuntius effecit, ut 
 prasdicta S. Congregatio amplissimis istius ditionis Epis- 
 copis nonnullas quaestiones proponendas censuerit, quas 
 partim ad causas cur fidelis sinant liberos suos scholas 
 acatholicas frequentare, partim ad media quibus facilius 
 juvenes e scholis hujusmodi arceri possint, spectabant. 
 Porro responsiones a laudatis Episcopis exaratae ad Su- 
 premam Congregationem Universalis Inquisitionis pro 
 natura argumenti delatae sunt, et negotio diligentur ex- 
 plorato, Feria IV. die 30 Junii, 1875, per instructionem 
 sequentem absolvendum ab Emis. Patribus judicatum est, 
 quam exinde SS. D. Noster, Feria IV. die 24Novembris 
 praedicti anni adprobare ac confirmare dignatus est. 
 
APPENDIX. 377 
 
 Porro in deliberationem imprimis cadere debebat ipsa 
 juventutis instituendas ratio scholis hujusmodi propria 
 atque peculiaris. Ea vero S. COngregationi visa est etiam 
 ex se periculi plena ac perquam adversa rei Catholicas. 
 Alumni enim talium scholarum, cum propria earundem 
 ratio omnem excludat doctrinam religionis, neque rudi- 
 menta Fidei addiscent neque Ecclesiae instruentur prae- 
 ceptis, atque adeo carebunt cognitione hominiquam max. 
 ime necessaria, sine qua Christiane non vivitur. Enim- 
 vero in ejusmodi scholis juvenes educantur jam inde a 
 prima pueritia, ac propemodum ateneris unguiculis ; qua 
 setate, ut constat, virtutis ac vitii semina tenaciter hasrent. 
 ^Etas igitur tarn flexibilis si absque religione adolescat, 
 sane ingens malum est. . 
 
 Porro autem in prasdictis scholis, utpote sejunctis ab 
 Ecclesias auctoritate, indiscriminatim ex omni secta ma- 
 gistri adhibentur, et caeteroquin, ne perniciem afferant 
 juventuti, nulla lege cautum est, ita ut liberum sit er- 
 rores et vitiorum semina teneris mentibus infundere. 
 Certa item corruptela insuper ex hoc impendet, quod in 
 iisdem scholis aut saltern pluribus earum, utriusque sexus 
 adolescentes, et audiendis lectionibus in idem conclave 
 congregantur, et sedere in eodem scamno masculi juxta 
 feminas jubentur ; quae omnia efficiunt, ut juventus misere 
 exponatur damno circa Fidem, ac mores periclitentur. 
 Hoc autem periculum perversionis nisi e proximo remo- 
 tum fiat, tales scholaetutaconscientiafrequentarinequeunt. 
 Id vel ipsa clamat lex naturalis et divina. Id porro claris 
 verbis Summus Pontifex edixit, Friburgensi quondam 
 Archiepiscopo die 14 Julii, 1864, ita scribens : Certe quidem 
 
378 APPENDIX. 
 
 ubi in quibuscunque locis regionibusque perniciosissimum hu- 
 jusmodi vel susciperetur, vel ad exitum per duceretur consilium 
 expellendi a schohs Ecclesice auctoritatem, et juventus misere 
 exponeretur damno circa Fidem, tunc Ecclesia non solum de- 
 beret instantissimo studio omnia conari, nullisque curis par cere, 
 ut eadem juventus necessariam Christ ianam institutionem, et 
 educationem habeat, verum etiam cogeretur omnes fideles mo?i- 
 ere, eisque declarare ejusmodi scholas Ecclesia? Catholicce ad- 
 versas haud posse in conscientia frequent ari. Et hasc quidem 
 utpote fundata jure naturali ac divino, generale quoddam 
 enunciant principium, vimque universalem habent, et ad 
 eas omnes pertinent regiones, ubi perniciosissima hujus- 
 modi juventutis instituendae ratio infeliciter invecta fuerit. 
 Oportet igitur ut Prassules Amplissimi, quacunque possint 
 ope atque opera, commissum sibi- gregem arceant ab omni 
 contagione schoiarum publicarum. Est autem ad hoc, 
 omnium consensu, nil tarn necessarium quam ut Catholici 
 ubique locorum proprias sibi scholas habeant, easque 
 publicis scholis haud inferiores. Scholis ergo Catho- 
 licjs, sive condendis, ubi defuerint, sive amplificandis, 
 et perfectius instruendis parandisque, ut institutione ac 
 disciplina scholas publicas adasquent, omni cura prospi- 
 ciendum est. Ac tarn sancto quidem exequendo con- 
 silio, tamque necessario haud inutiliter adhibebuntur, 
 si Episcopis ita visum fuerit, e Congregationibus Reli- 
 giosis sodales sive viri sive mulieres ; sumptusque tanto 
 operi necessarii ut eo libentius atque abundantius sup- 
 peditentur a fidelibus, opportuna oblata occasione, sive 
 pastoralibus litteris, sive concionibus, sive privatis collo- 
 quiis, serio necesse est, ut ipsi commonefiant sese officio 
 
APPENDIX. 379 
 
 suo graviter defuturos, nisi omni qua possunt cura im- 
 pensaque scholis Catholicis provideant. De quo potis- 
 simum monendi erunt quotquot inter Catholicos caeteris 
 praestant divitiis ac auctoritate apud populum, quique 
 comitiis ferendis legibus sunt adscripti. Et vero in istis 
 regionibus nulla obstat lex civilis quominus Catholici, 
 ut ipsis visum fuerit, propriis scholis prolem suam ad 
 omnem scientiam ac pietatem erudiant. Est ergo in 
 potestate positum ipsius populi Catholici ut feliciter 
 avertatur clades, quam scholarum illic publicarum insti- 
 tutum rei Catholicae minatur. Religio autem ac pietas 
 ne a scholis vestris expellantur, id omnes persuadean.t 
 sibi plurimum interesse, non singulorum tantum civium 
 ac familiarum verum etiam ipsius florentissimae Ameri- 
 canas nationis, quae tantam de se spem Ecclesiae dedit. 
 
 Caeterum S. Congregatio non ignorat talia interdum 
 rerum esse adjuncta, ut parentes Catholici prolem suam 
 scholis publicis committere in conscientia possint. Id 
 autem non poterunt, nisi ad sic agendum sufficientem 
 causam habeant; ac talis causa sufficiens in casu aliquo 
 particulari utrum adsit necne, id conscientiae ac judicio 
 Episcoporum relinquendum erit; et juxta relata tunc ea 
 plerumque aderit, quando vel nulla praesto est schola 
 Catholica, vel quae suppetit, parum est idonea erudiendis 
 convenienter conditioni suae congruenterque adolescenti- 
 bus. 
 
 Quae autem ut scholae publicae in conscientia adiri 
 possint, periculum perversionis cum propria ipsarum 
 ratione plus minusve nunquam non conjunctum, oppor- 
 tunis remediis cautionibusque fieri debet ex proximo 
 
380 APPENDIX. 
 
 remotum. Est ergo imprimis videndum utrumne in 
 schola, de qua adeunda quaeritur, perversionis periculum 
 sit ejusmodi, quod fieri remotum plane nequat; velut 
 quoties ibi aut docentur quaedam aut aguntur, Catholicae 
 doctrinae bonisve moribus contraria, quaeque citra animae 
 detrimentum, neque audiri possunt, neque peragi. 
 Enimvero tale periculum, ut per se patet, omnino vitan- 
 dum est quocumque damno temporali etiam vitae. 
 
 Debet porro juventus ut committi scholis publicis in 
 conscientia possit, necessariam Christianam institutionem 
 et educationem saltern extra scholae tempus rite ac dili- 
 genter accipere. Quare parochi et missionarii, memores 
 eorum, quae providentissime hac de re Concilium Balti- 
 morense constituit, catechesibus diligenter dent operam, 
 iisque explicandis prsecipue incumbant veritatibus Fidei 
 ac morum, quae magis ab incredulis et heterodoxis impe- 
 tuntur; totque periculis expositam juventutem impensa 
 cura, qua frequenti sacramentorum usu, qua pietate in 
 Beatam Virginem studeant communire, et ad religionem 
 firmiter tenendam etiam atque etiam excitent. Ipsi vero 
 parentes, quive eorum loco sunt, liberis suis sollicite 
 invigilent, ac vel ipsi per se, vel, si minus idonei ipsi sint 
 per alios, de lectionibus auditis eos interrogent, libros 
 iisdem traditos recognoscant, et si quid noxium ibi-depre- 
 henderint, antidota praebeant, eosque a familiaritate et 
 consortio condiscipulorum, a quibus Fidei vel morum 
 periculum imminere possit, seu quorum corrupti mores 
 fuerint, omnino arceant atque prohibeant. 
 
 Hanc autem necessariam Christianam institutionem et 
 educationem liberis suis impertire quotquot parentes 
 
APPENDIX. 381 
 
 negligunt ; aut qui frequentare illos sinunt tales scholas, 
 in quibus anirnarum ruina evitari non potest ; aut tandem 
 qui licet schola Catholica in eodem loco idonea sit, apteque 
 instructa et parata, seu quamvis facultatem habeant in 
 alia regione prolem Catholice educandi, nihilominus 
 committant earn scholis publicis, sine sufficienti causa ac 
 sine necessariis cautionibus, quibus periculum perver- 
 sionis e proximo remotum fiat ; eos, si contumaces fuerint, 
 absolvi non posse in Sacramento Pcenitentiae, ex doctrina 
 morali Catholica manifestum est. 
 
CONTENTS. 
 
 Dedication. - 5 
 
 Address to the Most Rev. Archbishops and Rt. Rev. Bishops 
 
 of the United States 7 
 
 Preface * 9 
 
 CHAPTER I. 
 Origin of Canon Law 29 
 
 CHAPTER H. 
 In the Catholic Church no one possesses Absolute, much 
 
 less Arbitrary Power 32 
 
 CHAPTER m. 
 
 Our Anomalous Condition of Ecclesiastical Government 41 
 
 CHAPTER IV. 
 
 Necessity of a comprehensive and well-defined Code of Ec- 
 clesiastical Discipline for the United States 53 
 
 CHAPTER V. 
 The evil of Dismissing Uncanonically any Clergyman from 
 
 his Diocese 60 
 
 CHAPTER VI. 
 
 The n. Plenary Council of Baltimore and the Spirit and 
 Letter of the Council of Trent prohibit the Uncanon- 
 ical Dismissal of a Clergyman from his Diocese 75 
 
 CHAPTER VH. 
 
 Charity and Justice forbid the Uncanonical Dismissal of a 
 
 Clergyman from his Diocese 87 
 
384 CONTENTS. 
 
 CHAPTER Vm. 
 
 To dismiss Uncanonically a Clergyman from his Diocese, 
 is to reduce him, as a rule, to Beggary, or to oblige him 
 to engage in Secular Pursuits to gain a Livelihood, both 
 of which are positively forbidden by the Church.. 105 
 
 CHAPTER DC 
 The Church has legislated that all her Ministers in Sacred 
 Orders receive a Becoming Support during their Life- 
 time.. 116 
 
 CHAPTER X. 
 Reasons of the Title of Ordination. 135 
 
 CHAPTER XL 
 
 Even an Unworthy Clergyman not Contumacious has a 
 
 Right to a Becoming Support 150 
 
 CHAPTER XLL 
 The Same Subject continued 168 
 
 CHAPTER Xm. 
 The Same Subject concluded 180 
 
 CHAPTER XIV. 
 Spirit of Rome towards the Clergy 192 
 
 CHAPTER XV. 
 Recapitulation 209 
 
 CHAPTER XVI. 
 Documents pertaining to Canonical Trials 222 
 
 CHAPTER XVH. 
 
 Compendium of important Principles and Decisions for 
 Sacred Congregations concerning Canonical Trials 231 
 
 CHAPTER XVm. 
 Trial Ex Not&rio 246 
 
CONTENTS. 385 
 
 CHAPTER XIX. 
 The Summary Trial , 252 
 
 CHAPTER XX. 
 Sentences Ex Informata Conscientia 261 
 
 CHAPTER XXI. 
 
 The " Instructio " Quamms of the Sacred Congregation of 
 the Propaganda of July 20, 1878, as to the Method to 
 be observed by the Bishops of the United States, in 
 taking cognizance of, and adjusting the Criminal and 
 Disciplinary Causes of Clergymen. 280 
 
 CHAPTER XXH. 
 A Brief Commentary on the preceding ' ' Instructio." 287 
 
 CHAPTER XXm. 
 On Canonical Punishments 316 
 
 CHAPTER XXTV. 
 
 Wisdom of the Church in her Judicial Legislation 328 
 
 CHAPTER XXV. 
 Apostolic Delegate 341 
 
 CHAPTER XXVL 
 Ecclesiastical Homes or Asylums 357 
 
 CHAPTER XXTH. 
 Conclusion. 364 
 
 Appendix 374 
 
JURA SACERDOTUM VINDICATA. 
 
 THE RIGHTS 
 
 OF 
 
 THE CLERGY VINDICATED. 
 
 OR 
 
 .A. PLEA 
 
 FOR 
 
 CANON LAW IN THE UNITED STATES, 
 
 BY 
 
 A ROMAN CATHOLIC PRIEST 
 
 "Canonum Statuta custodiantur ab omnibus: et nemo, 
 in actionibus, vel judiciis ecclesiasticis, suo sensu, sed 
 eorum auctoritate ducatur." Ex Con. Meldensi in Gallia, 
 A. D. 845. 
 
 Perhaps no book of late years has gone forth from the 
 Press which will be so warmly welcomed by the Clergy 
 of the United States as the above. It is a brave, mod- 
 est, erudite, outspoken, yet withal most respectful plea 
 for the Rights of the Clergy. The need of just such a 
 book has been long felt. It is the right thing at the right 
 time most opportune indeed. It gives expression be- 
 comingly to the sentiments of nine-tenths of the clergy 
 throughout the land, if not of the entire body. 
 
 The main subject of the work, the uncanonical dismis- 
 sal of Priests from their dioceses, was a delicate and dan- 
 gerous one to handle, yet it is treated well. In choice lan- 
 
 386 
 
THE RIGHTS OF THE CLERGY VINDICATED. 337 
 
 guage, and with apostolic liberty, the author combats a 
 glaring abuse, showing by a multitude of weighty author- 
 ities, viz: by Acts of (Ecumenical Councils, Rulings of 
 Popes, Decisions and Decrees of Sacred Congregations, 
 Teachings of Theologians, etc., the impregnability of his 
 position, whilst at the same time, there is not throughout 
 the work from title page to end, one line or even a word 
 at which any Catholic, bishop, priest or layman, can justly 
 take offence. It is written in the spirit of a true priest, 
 zealous for the honor and glory of God's Church and for 
 the welfare and happiness of its venerable hierarchy in 
 these United States. 
 
 Apart from the main purpose of the work, which is to 
 abolish a long-standing abuse, deplored by all Catholics, 
 it is valuable for other considerations. It contains the 4< In- 
 structio " of July 20, 1878, a document well worthy of pre- 
 servation. A chapter is devoted to a clear and lengthy 
 explanation of this important " Instructio." This chap- 
 ter alone is worth more than the price of the volume. 
 The Chapters on Canonical Principles and Decisions of 
 Sacred Congregations, the different kinds of Criminal 
 Processes, all of which, as the occasion may require, could 
 and ought to be employed in this country in criminal and 
 disciplinary causes of clergymen, in a word, every chapter 
 in the work will be of absorbing interest or practical utility 
 to the clergy, as well as an invaluable book of reference. 
 
 The author wishes us to state that he hopes the bishops 
 and priests of the United States will show an appreciation 
 of his labors in the cause of ecclesiastical discipline, by 
 a cordial and generous support of his work. He feels 
 
388 THE RIGHTS OF THE CLERGY VINDICATED. 
 
 confident that the matters contained therein will amply 
 reward them for their patronage, and for any efforts they 
 may make to bring it to the attention of their brethren 
 in the Holy Ministry. He is thoroughly convinced 
 that the Canon Law of the Church which it earnestly 
 advocates is the palladium of the liberties and happi- 
 ness of bishops, priests and people, and that consequently, 
 the sooner it is established in our land the better. 
 
 Considering the nature of the work, the valuable matter 
 contained therein, and its size, Octavo, containing nearly 
 400 pages, the price is put at a very low figure. It is 
 printed on fine heavy paper and strongly bound in cloth 
 extra. It will be sent to any part of the world, postage 
 
 prepaid, for TWO DOLLARS AND TWENTY-FIVE CENTS NET. 
 
 Early orders from the clergy especially, are kindly and 
 respectfully solicited. 
 Address 
 
 JAMES SHEEHY, Publisher, 
 33 Murray Street, 
 
 New York. 
 
LIVES OF 
 
 THE CATHOLIC HEROES AND HEROINES 
 
 OF AMERICA, 
 
 BY JOHN O'KANE MURRAY, B. S., M. A., M. D M 
 
 A.uthor ok "The Popular History of the Catholic Church in th 
 
 United States," " Prose and Poetry of Ireland," " Little 
 
 Lives of the Great Saints " and " Lessons 
 
 in English Literature." 
 
 Illustrated with 32 lull-page engravings, and printed from large, 
 clear type on fine paper, 884 pages, 8vo, cloth, elegant. 
 
 PRICE, $3.00 : G-ILT EDGES, $3.50. 
 
 Branch S PhilMelphia^O 1 N. "th St. ' JAMES SHEEHY, PUBLISHER, 
 
 Offices. ) Baltimore, 74 W. Fayette 8t. __ _, __, _ , 
 
 ( Washington, 616 7th Street 33 Murray Street, New York. 
 
 It is now nearly fcrar centuries since Columbus doubled the size of the world 
 Dy his sublime achievement, the discovery of America. In the words of Dr. 
 Murray, "he was the pioneer of a long line of Catholic Heroes and Heroines" 
 whose deeds are told in countless volumes and many tongues. The present work, 
 however, is the first attempt ever made to bring within the compass of one volume a 
 truthful and interesting account of those great representative Catholics who have 
 left bright, immortal names and enduring footprints on this Western Continent. 
 
 The "Lives of the Catholic Heroes and Heroines of America" embrace 
 twenty-four biographies, chronologically arranged. The following are the 
 illustrious personages sketched, the nationality being given after each: 
 
 1. COLUMBUS Genoese. 
 
 2. OJED A. Spanish. 
 
 3. BALBOA. Spanish. 
 
 4. CORTES. Spanish. 
 
 5. ST. ROSE OF LIMA. American. 
 
 6. CHAMPLAIN French. 
 
 7. FATHER JOGUES, S. J. French. 
 
 8. FATHER DE BREBEUF, S. J. Frenoh. 
 
 9. FATHER WHITE, S. J. English. 
 
 10. VEN. MARY OF THE INCARNATION. 
 French. 
 
 11. VEN. MARGARET BOURGEOIS. 
 French. 
 
 12. MISS JANE MANCE French. 
 
 13. FATHER MARQUETTE, 8. J. French. 
 
 14. DE LA SALLE. French. 
 
 15. DE MONTCALM. French. 
 
 16. COMMODORE BARRY. Irish. 
 
 17. ARCHBISHOP CARROLL American. 
 
 18. MOTHER SETON. American. 
 
 19. CHARLES CARROLL. American. 
 
 20. BISHOP BRUTE\ French. 
 
 21. FATHER GALLITZIN Russian. 
 2?. BISHOP ENGLAND. Irish. 
 
 23. ARCHBISHOP HUGHES. Irish. 
 
 24. FATHER DE SMET, 8. J. Belgian. 
 
 The Publisher would call attention to the following points of interest : 
 
 (1). Nearly every profession and state of life has an heroic representative in 
 this elegant volume. The great Columbus and the gallant Barry were seamen. 
 Cortes stands, without a peer, the most splendid military genius the New World 
 has yet seen. Montcalm was a fearless and faithful soldier. Balboa, Champlain, 
 Marquette and La Salle are the princes of American discovery and exploration. 
 The holiness and devotion of the nun are well represented by St. Rose of Lima, 
 Ven. Mother Mary of the Incarnation, Ven. Margaret Bourgeois and good Mother 
 Seton. De Brebeuf, Jogues and De Smet are among the brightest of America's 
 illustrious missionaries. The statesman, the patriot, the ecclesiastic all, in short, 
 are fitly represented in this galaxy of great names. 
 
 (2). Each Life is complete in itself and is sketched in a most attractive style 
 a style that unites the fascination of romance to the beauty of truth. 
 
 (3). Dr. Murray's good judgment in his selection of names is evidenced by the 
 fact that several publishers are even now issuing, at the heels of the present vol- 
 ume, separate biographies of a number of the famous personages whose careers 
 are recounted in the " Lives of the Catholic Heroes and Heroines of America." 
 
 (4). The reading of this very attractive work will put any one in possession of 
 most of the great landmarks of American History, from the discovery of the 
 Continent to the present time. 
 
 i5\ As can be seen at a glance the volume is a most handsome \n& substantial 
 specimen of American Book-niakiD?. 
 
LIVES OF THE 
 
 IRISH MARTYRS AND CONFESSORS, 
 
 By MYLES O'REILLY, B. A., LL. D., 
 And REV. RICHARD BRENNAN, A. M., LL. D. 
 
 ALSO 
 
 A HISTORY OP THE PENAL LAWS, 
 
 By PARNELL, 
 
 Illustrated with 32 Engravings, and a Colored Map of Ireland 
 
 Showing the Localities and Titles of the Principal Old Irish Families. 
 
 756 Pages, 8vo, Cloth, Elegant, $3,00. Gilt Edges, $3.75. 
 
 3 -( 
 
 i ^SKKr' JAMES SriEEHY, Publisher, 
 
 Offices. ) Baltimore, 74 W. Fayette St. 3S Murray Street, Hew York. 
 
 Washington, 615 7 th Street. 
 
 This valuable work, the first that has attempted to give the public, in 
 a succinct and authentic form, a true account of what the Catholics of 
 Ireland suffered for their religion during the sixteenth, seventeenth, and 
 eighteenth centuries, from the moment of its appearance received the 
 cordial welcome and hearty endorsement of the hierarchy, priests, and 
 people of Ireland. Such a record of Irish suffering and fortitude Lad 
 long been wanting, and its reception by the public was commensurate 
 with its great merits. . . 
 
 It was a labor of love, as well as a noble and patriotic impulse, that 
 prompted the gallant Colonel O'Reilly, commandant, of the Irish Papal 
 Zouaves, to collect, translate, and thus present to the world, the rich and 
 precious records of Irish piety, learning, and unswerving devotion 10 
 the Church in the past, as a fitting sequel to the present efforts of that 
 rifted gentleman to maintain the rights of the late revered Sovereign 
 Pontiff, Pius IX., in his own dominions, and of those of the Irish 
 Catholics in the British Parliament, in his capacity of member for the 
 County of Louth. 
 
 Through Colonel O'Reilly's labors, nearly every prominent ecclesins- 
 tic and laic who resisted the inroads of the " Reformation" in Ireland 
 is placed in a true light ; his unassuming piety, inflexible devotion to 
 his duties, and heroic determination to fulfil the duties of his station, 
 receive ample justice ; and thus is presented to his descendants and 
 countrymen a record of which in these more fortunate days all ought 
 to be proud. There are few districts in Ireland over which the pollut- 
 ing track of the " Priest-Hunter" has not been traced in those pages, 
 and very few genuine Irish or An trio Irish names that are not in some 
 measure associated with that desperate, heroic, and successful stru eerie 
 of the children of St. Patrick to preserve pure and undefiled the Faith 
 he bequeathed them. 
 
 This it is that has made this great book not only nationally, but per- 
 sonally popular wherever the Irish race exists. 
 
 The present edition, however, has marked advantages over all others. 
 It has been greatly enlarged and enriched by the pen of Rev. Richard 
 Brennan, A. M., New York, the well known author of "A Life of 
 Pius IX.," who contributes nearly three hundred pages of most val- 
 uable biographical and historical matter, 
 
 Including a full history and synopsis of the Penal Laws, 
 beginning with a resumo of the condition of the Irish Catholics in the 
 time of the infamous Cromwell, and ending with the present time. 
 
LIVES OF THE 
 
 IRISH MARTYRS AND CONFESSORS, 
 
 "We have perused with great pleasure the interesting pages of this 
 rolume. It is a needed and very valuable addition to Catholic litera- 
 ture, aud whilst it will elevate the character of the popular author in 
 the estimation of the public, it will also reflect credit on the publisher 
 who presents it in so neat and attractive a form. The work richly de- 
 serves a prominent place on the shelves of every Catholic library in the 
 country. In vivid, glowing narrative it details the sufferings of the 
 most prominent of Irish martyrs for the Faith from the reign of Eliza- 
 beth to that of George III., inclusive. The history of the times in 
 whic!} those heroic champions of the Cross sealed and verified their 
 mission by death is deftly interwoven with the admirable portraiture of 
 life and character. We are justly proud of the valor of the Irish sol- 
 dier, tested on nearly all the historic battlefields of the world. We re- 
 joice at many of tlie noble traits of our national character generosity, 
 love for fatherland, deep reverence and sympathy for aged and infirm 
 relatives and friends but our chiefest glory lies in the heroic record of 
 the men who lived an 1 died the devoted champions of Catholic ortho- 
 doxy. We are told by one of the most eloquent of ancient orators that 
 Greece took all-conquering Rome captive by introducing among her 
 people the fruits of a higher culture and a more advanced civilization. 
 From a religious standpoint we may well predicate the same of Ireland 
 with regard to England, her merciless persecutor in the past, even now 
 her ungenerous, plundering taskmaster. 
 
 The descendants of the worshippers of mammon, of the iron abettors 
 of cruelty and plunder, have read the history of our suffering and en- 
 durance, and pronounced the religion that inspired them of divine in- 
 stitution. We might apply the phraseology of the auctioneer to the 
 rapid defections from the ranks of Protestantism in England going, 
 going, gone. No one can for a moment doubt that much of the mod- 
 ern triumph of Catholicity in England is due to reflection on the age of 
 persecution in Ireland, recorded, as it is, in the blood of heroic mar- 
 tyrs and confessors. When the people of England learn the lessons of 
 faith from the history of our trials and unwavering allegiance to purity 
 of faith and morals, surely Irish men and women and their children 
 should dwell with pride and pleasure on these memoirs, every page of 
 which is tinted with the deepest piety and the most heroic fortitude. 
 The inhuman cruelty and absence of all justice so graphically and grandly 
 Jescribed in "Fabiola," when Christianity had to bury itself in the 
 Catacombs to avoid the rasje of the heathen, will be found repeated 
 with no less brilliancy and force in the "Lives of Irish Martyrs and 
 Confessors." 
 
 Besides the biographical sketches, accompanied by a lucid review of 
 the history of the times, the work contains a masterly synopsis of his- 
 torical events before and after Limerick's siege and "broken treaty, as 
 well as an accurate account of the Penal Laws and their baleful conse- 
 quences. The whole is given in a free, flowing narrative style which 
 swells into bold and stirring eloquence when the writers become ani. 
 mated in describing the grievances of their countrymen. 2V. T. Tablet, 
 
 l Boston, 68 Deyonshire Street. - . _ -_~ .,. . . , _ 
 
 Branch 1 Philadelphia. 30 N. 5th St. JAMES SHEEHY, PUBLISHER. 
 Offices. J Baltimore. 74 W. Fayette St. 
 
 ( Washington. 015 7th Street. oS Murray Street, Few YorTc 
 
LIVES OF THE 
 
 IRISH MARTYRS AND CONFESSORS, 
 
 (From The Sunday Herald, Boston.) 
 "Lives of the Irish Martyrs and Confessors," by Myles O'Reilly, 
 LL.D., with additions including the Penal Laws, by Rev. Richard 
 Brennan, is a handsome 8vo. volume of nearly eight hundred pages, con- 
 taining the biographies of those faithful and earnest souls whose suffer- 
 ings and trials make up so large a portion of the Church history during 
 the sixteenth, seventeenth, and eighteenth centuries, it cannot be 
 doubtful that these brief records of those who suffered for conscience' 
 sake, as did the fathers of New England, will be dear to their descend- 
 ants in this country,as well as to those on the other side of the ocean, and 
 we doubt not the work will find a ready sale among those who treasure 
 in their hearts tke precious memories of the piety, faith, and fidelity of 
 their ancestors. 
 
 (From the Catholic Would.) 
 
 This is a new and enlarged edition of a very valuable work which hns 
 already been noticed in our columns. The period embraced by Mr. 
 O'Reilly in his martyrology consists of the sixteenth, seventeenth, and 
 eighteenth centuries, those darkest days in the Irish calendar. The 
 only light illumining them shines from the lives of these holy confes- 
 sors and martyrs, whoso touching history is given here. Apart from its 
 personal and Catholic interest, the work is really a valuable contribution 
 to the history of the times in which these men lived and died. This 
 Tc-ature of the work is still further enhanced by Father Brennan^s im- 
 portant additions, which take in the Penal Laws of the various periods 
 and bring the record down almost to our own day. Those who study 
 the history of England as an imperial power cannot pass by this book. 
 It is a page that Englishmen would wish blotted out and forgotten ; but 
 history stands, and ycu cannot blot out blood. These records are writ- 
 ten in blood and tears. They are noble and ennobling, and Catholics, 
 Irish Catholics particularly, should know them ly heart. Nothing in 
 their country or their history is so great as the lives of these Christian 
 heroes and saints. The volume is a very handsome one, and we under- 
 stand that the publisher offers every facility to those who wish to pro- 
 cure it. 
 
 (From the American Catholic. Quarterly Eeyiew.) 
 
 A glorious record of the Martyrs of a nation which is eminently a 
 nation of Martyrs and sufferers for their faith these are her true honors, 
 of whom any people might be proud, and constitute Ireland's greatest 
 glory. Oh, that her mock heroes and pseudo patriots would learn the 
 lesson of true heroism from these records. The author was very compe- 
 tent to write about these things, for he is n hero and has the spirit of a 
 martyr in him, as he proved , by going to Rome with the intention of 
 shedding his blood in defence of our Holy Father against the hordes of 
 Garibaldi, and by the gallantry of his conduct at Spoleta and elsewhere. 
 He brings his history down to the reign of George II. , but Father Breu- 
 an continues it down to our time. 
 
 " The work is well presented, and is of especial value for a contro- 
 versial library." N. Y. World. 
 
 S Boston, 68 Devonshire Street. T--n _ TT .__,. rl _ IT . _ 
 
 Philadelphia, 30 N. 5th St. JAMES SHEEHY, PUBLISHER, 
 Baltimore, 74 W. Fayette St. -, _. _. _- _- - 
 
 Washington, 615 7th Street. 33 MV Street, New York. 
 
IRISH MARTYRS AND CONFESSORS. 
 
 The Catholic Church has ever met with persecution. Generally those 
 who first preach the Gospel in a Pagan country lose their lives lor the 
 Faith. As the twelve Apostles suffered, so have their successors. The 
 history of Ireland is singular in this respect. St. Patrick was not com- 
 pelled to die for his belief ; and those who assisted and those who suc- 
 ceeded him were not obliged to give to Pagan tribunals the martyr's 
 proof of the Catholic Faith. "But, as the author of this work remarks of 
 Ireland, "the litany of her saints was to be completed, and He who was 
 the 'Master of her Apostles,' 'Teacher of her evangelists,' and 'Purity 
 of her virgins,' was also to be the 'Light of her confessors,' and ' Strength 
 of her martyrs'; and the Church whose foundation had been laid in peace, 
 was to see her persecution-shaken walls cemented and re-built with the 
 blood of her martyrs " Ireland could not but have at some time what is 
 one of the marks of the true Church of God, the glory of martyrs. 
 
 There.is, however, a peculiar element in the history of the Irish mar- 
 tyrs. The persecutions that have been the lot of the Irish Church have 
 come from aliens in country as well as in creed. We might be led at 
 first to suspect on Ihis account in the narrative of the trials of Irish 
 Catholics a color prejudicial to truth. The historian has been careful 
 to avoid such a blemish. The history which Father Morris has given 
 us of the martyrs of England in the first years of the " Reformation," 
 would have been deprive d of its best qualities if he had not presented 
 us the story in the quaint, simple, unimpassioned language of the orig- 
 inal narratives: WE CAKKOT BEAD WITHOUT BEING AT ONCE CONVINCED 
 and charmed. Mr. O'Reilly has pursued a similar course; he has given 
 us as far as possible the very words of the early chroniclers. We cannot 
 but appreciate their moderation. 
 
 The Romans may read the "Acts of the Martyrs," and feel tender 
 sympathy for the tortured victims, but the blood of the persecutors and 
 persecuted now mingles in peace, and no one can tell whether his an- 
 cestor was among the executioners or among the martyrs. Such is not 
 the case in Ireland. Side by side, ever separate, the race of the Catholic 
 and the race of his enemy ever descend, and when we think of the trials 
 of our fathers we cannot but remember that the heirs of the blood and 
 the hate of their enemies are still with us, and we need the example of 
 martyrs to make us do with our foes as our more afflicted ancestors did 
 with theirs pray that God may forgive them. We are told frequently 
 of the wrongs of Ireland past and present, and exhorted to remember 
 them and avenge them. Redress is lawful, revenge is not. 
 
 Mr. O'Reilly has shown us a page that has been seldom turned. We 
 know the lives of the patriots may their deeds be ever recorded but 
 the life of the saint is still more worthy of our study. We see in these 
 pages the unity of the Catholic faith ; we see that we are in harmonv 
 with those whose faith received at its start the seal of blood. Ireland 
 after the lapse of eleven centuries from the first reception of the Faith 
 shows in her children all the glorious attestations that accompanied the 
 establishment in first fervor of the Faith of Christ under the Pagan 
 Caetars. We see again the catacombs, the rack, the hunted priest ; cen- 
 turies roll back, and we realize that we are the co-heirs of Him who died 
 on Calvary. Tfie Catholic Universe. 
 
LIVES OF THE 
 
 IRISH MARTYRS AND CONFESSORS. 
 
 (From McGee's Illustrated Weekly.) 
 This book should be eagerly welcomed by the Catholic public. Al- 
 though none of the early teachers who spread the Faith in Ireland suf 
 fered martyrdom, yet since their time the roll of Irish martyrs has been 
 filled with names which " angels and men call holy.' The reign of 
 Elizabeth was exceedingly prolific in martyrs, and the story of their 
 glorious suffering and death cannot fail to move our hearts to deeper 
 love for our religion, and admiration for their courage and fortitude. 
 The additions made by the Rev. Father Brennan particularly the His- 
 tory of the Penal Laws make the work remarkably complete and val- 
 uable. Among the men commemorated are several who, though they 
 did not shed their blood for their faith, yet earned their right to the 
 title of confessor by reason of their life-long exile in foreign lands. 
 "Let us remember," says Father Brennan, in a beautiful little preface, 
 " that we are closely related to those elect of heaven, that they are bone 
 of our bone, and flesh of our flesh ; that we and they are members of 
 the one great Church of God, which reaches from the recesses of pur- 
 gatory tc A\e surface of the earth, and extends aloft to the highest vaults 
 of heaven." The publisher deserves great credit for the elaborate and 
 careful manner in which he has issued this most excellent work. 
 
 (From the Catholic Mirror.) 
 
 Mr. James Sheehy has gotten out a new edition of Myles O'Reilly 'a 
 "Lives of the Irish Martyrs and Confessors," to which Rev. Richard 
 Brennan has .made additions, including a complete collection of the 
 Penal Laws. This book shows the sufferings for the Faith of the bish- 
 ops and priests and people of Ireland, and records the history of thf 
 most infamous and bloody legislation that ever stained the statute-book 
 of any nation. It can be procured on weekly payments of 25 cents, 
 until the full price, $3 or $3.75, according to the style of binding, is 
 paid. 
 
 (From the Catholic Review.) 
 
 The valuable work of Major Myles O'Reilly on the Irish Martyrs haa 
 been reprinted by Mr. Sheehv.with additions on the Penal Laws collated 
 by Rev. Father Brennan. The book is a useful one, and ought to in- 
 crease the devotion of Irishmen and their children to the Faith for 
 which their ancestors suffered so heroically. 
 
 (From the New York Freeman's Journal.) 
 " It is good, in an ?ge of softness and luxury, for Catholics to react 
 and meditate how their predecessors made their way to heaven. It is 
 especially good for the children of Irish Catholic parents to study the 
 footsteps of their forefathers." 
 
 (From the Boston Pilot.) 
 "It is a martyrology of the Irish Church a work of thrilling inter- 
 est, great edification a work that will make one's heart grow mora 
 and more attached to that ancient and glorious Island of Saints." 
 
 "We have read it throughout with thrilling interest." Irish People. 
 
 Branch S Se^N 1 ^ JAMES SHEEHY, PUBLISHER 
 
 Offices, ( BQggU W. ** 33 Mllrvay street , y ew Torkf 
 
LIVES OF THE 
 
 IRISH MARTYRS AND CONFESSORS. 
 
 The new edition of the well known volume published several yean 
 ago by Myles O'Reilly, eniitled Lives of the Irish Martyrs and Confessors, 
 has afforded me the greatest pleasure, particularly on account of the in- 
 teresting additions made to it by Rev. Mr. Richard Brennan, of New 
 York. I cannot but express my most sincere satisfaction with regard to 
 everything it contains. 
 
 Colonel O'Reilly has been one of the modern heroes of Ireland. As 
 Commandant of the Irish Papal Zouaves, he gave the noblest personal 
 proofs of his country's deepest feelings, by his bravery and religious 
 enthusiasm. The books which such men as he was write ought to be 
 in the hands of all their countrymen. The more so, that the subject of 
 his work is eminently both national and Christian. As all classes of Irish- 
 men 1 ly and clerical, noble and plebeian had honored their country 
 in shedding their blood for its religion, nothing is so well calculated to 
 excite feelings of true patriotism in tlie heart of all, as tlie simple chron- 
 icles Of THEIR LAST FIGHT AND VICTORY IN DEATH. The Style of these 
 
 narratives, besides, having all the simplicity and truthfulness of the princ- 
 itive Acts of Christian Martyrs, produces on the reader the deep and en- 
 trancing impression well known to those who have perused the death- 
 records of Polycarp of Smyrna, Ignatius of Antioch, and Perpetua of 
 Carthage. 
 
 I ico aid, therefore, very much wonder if a single Irishman's house in thit 
 country should be henceforth deprived of Colonel O'Reilly's book. 
 
 But the new matter contributed by the Rev. Richard Brennan, of St. 
 Rose of Lima, New York, adds a great deal to the value of the work. 
 A number of very interesting lives which the first edition did not con- 
 tain would of itself induce even those who possessed it to buy this new 
 one. There is in particular the story of a little Irish Sister born it 
 Tipperary in 1835, and martyrized in China in 1870, whose life alone is 
 a precious gem which all Irish people's casket must henceforth contain. 
 
 But best of all, the History of the Penal Laws introduced into this 
 edition alone is worth the money. I personally know how difficult it 
 was formerly for a student of modern Irish history to form a right con- 
 ception of that atrocious policy known under that name of the" Penal 
 Laws." Doctor Mrvdden's work on the subject must be now acknowledged as 
 very imperfect. Rev. Mr. Brennan has rendered a great service to the cause 
 of historical truth by compiling from Parnell's volumes a complete and im- 
 partial account of these heartless enactments. I wish I had a copy of it a 
 few years ago; but better late than never. 
 
 The remarks I have so far thought just and proper to make would be 
 completely misunderstood if the inference was drawn from them that 
 this work is good reading only for Irish people. I had no idea what- 
 ever of the kind. Americans of all races and creeds as the usual ex- 
 pression has it or of no creed at all, cannot but profit by looking over 
 these pages, which will transport them into a world of which they can 
 (scarcely have an idea, but which, after all. is a great world, full of har> 
 mony and moral beauty, because it is blessed by the priceless virtues oi 
 faith, hope, and charity. AUQ j TH BATJD g> J# 
 
 Branch S Phlla^el^hia^^N^ St. ' JAMES SHEEHT, PUBLISHER. 
 
 0ffices - ) SS & 33 ***" street ' M 
 
AGENTS WANTED! 
 
 LIVES OF THE IRISHnH^RTYRS AND CONFESSORS 
 
 Including a History of the Penal Laws. 
 
 BY MILES O'REILLY, B, A LL. AND REV, RICHARD BRENNAN, A. M LL. D. 
 751 Pages, 8vo., CJShTEie^ant Mce~$SoO, Gilt Edges $3.75 
 
 From the New Orleans Morning Star and Catholic Messenger. 
 
 This work is all of Myles O'Reilly's, with many additions, including 
 a history of the penal laws by Rev. Richard Brennan, A. M. ; so that 
 all who have read the beautiful work of O'Reilly, entitled "Irish 
 Martyrs and Confessors," will nnd*in this second volume additional 
 records of heroism and martyrdom, with all of the valuable memoirs 
 contained in the first. 
 
 On the top cover we find the design of a golden monument, on 
 which are inscribed the names of those Irish heroes and martyrs who 
 lived and died in the cause of God and their country. The idea is a 
 beautiful one, and we hope some day a golden pillar may indeed be 
 raised on Irish soil, all shining with the names of the great men who 
 were "men of renown and fathers in their generation;" but we think 
 this beautiful book of O'Reilly and Father Brennan is itself a glorious 
 monument, standing not alone upon a few feet of Irish sod, but shed- 
 ding its light wherever there is an Irish heart to prize, or an Irish home 
 to enshrine, it. 
 
 The pagans of St. Patrick's day received the faith with love and 
 veneration, so that no martyr's blood was shed by barbarian hand, nor 
 martyr's heart broken by barbarian persecution, but in trie civilized 
 days of Queen Elizabeth and later of Cromwell, Irish blood was poured 
 out like rain upon the soil, and the names of Irish martyrs gathered 
 thick and fast upon the pages of the sixteenth and seventeenth centuries. 
 
 Their names at least a large number of them are recorded in this 
 book, and their heroic lives are given us as examples worthy of 
 perpetual remembrance. 
 
 We wish we could give the record of Very Rev. Peter O'Higgins' 
 martyrdom during the reign of Charles I. How he was accused of 
 sedition, treason, etc., and yet was offered a pardon and large gifts if 
 he would but renounce his faith. How, with this document in his 
 hand, he stood on the first step of the gallows, and nobly proved that 
 it was only the Catholic religion that in him was condemned to death, 
 and then, freely rejecting the proposal, and throwing the paper to a 
 friend in the crowd, went to meet his doom. 
 
 The names upon the cover are Brady, Creagh, Lynch, Moriarty, 
 O'Brien, O'Hurley, O'Neil. O'Reilly, Plunket, Sheeliy and Walsh, but 
 within the pages are a host of glorious names ; which, dear to every 
 Catholic heart, ought to be doubly so to every Irish heart. 
 
 ( Boston, 68 Devonshire 8treet. i-m/mo. nTTTrnrrrr t. 
 
 Branch ) Philadelphia, 30 N. 5th St. JAMES SHEEHY, PUBLISHER. 
 
 Offices. ) Baltimore, 74 W. Fayette St. _ , . ... .. ,. 
 
 ( Washington. G15 7th Street. 33 Murray Street, New York. 
 
 Washington, 615 7th Street 
 
Q-EEALD BAEEY; 
 
 OR. 
 
 THE JOINT VENTURE, 
 
 A TALE IN TWO LANDS. 
 
 By E. A. FITZSIMON. 
 
 Dedicated to the Sons and Daughters of Ireland, and their American Cousins. 
 
 327 pp. 12mo. Cloth, Elegant, $1.00. Gilt Edges, $1.25. 
 
 t Boston, 68 Devonshire Street. T ., frm f __. T _ 1 _ lx _ tT _, 
 Branch ) Philadelphia, 30 N. 5th St. JAMJiiO bHLLHY, PUBLISHER, 
 Offices, } Baltimore, 74 W. Fayette St. _. . ^ . 
 
 ( Washington, 615 7th Street 33 Murray Street, Net* York. 
 
 (From John O'Kane Murray, Esq.) 
 P Brooklyn, Aug. 1, 1878. 
 
 During my stay amid the scenery of the Catskills, I found time to 
 give a perusal to the elegantly bound volume which I owe to your kind 
 courtesy " The Joint Venture," by MissFitzsimon. I am much pleased 
 with it. The style is good. The plot is skilfully worked out. A tone 
 of lofty morality breathes through the whole book, as the gifted young 
 author writes in the true spirit of a Catholic. Though overflowing 
 with interest, it is flavored with no sensational nonsense. In short, it is 
 a healthy, well-written, deeply interesting, and very beautiful story. 
 
 (From the New Orleans Morning Star.) 
 " The Joint Venture, A Tale in Two Lands," is the most prettily 
 bound book of the season, and its emblems of the two lands Ireland 
 and America are tasteful and appropriate. The style of the work is 
 excellent not only scholarly, but classical, and flashes with beams of 
 faith and scintillations of wit all through its pages. It contains reflec- 
 tions upon the divorce laws which we would like every one to read, 
 and its pictures of broken hearts and homes are as touching as they are 
 truthful. The chapter which relates how Mrs. Ned O'Leary became a 
 Catholic is one of the best in the book, and will no doubt bo highly 
 appreciated by its Irish Catholic readers. 
 
 (From the N. F. Evening Express.) 
 In "The Joint Venture, A Tale in Two Lands," Miss E. A. Fitr- 
 simon makes her debut in fictional literature. The scene is laid first in 
 Ireland, and then in America. The story is an attempt to idealize 
 Catholic, and especially Irish Catholic life. There is nothing very re- 
 markable about the book, but the earnestness with which the young au- 
 thor writes is commendable and interesting. If at times she is rather 
 too aggressive and speaks almost too loftily, that will wear off as expe- 
 rience increases. In "The Joint Venture" she has produced a very 
 readable book, which will be perused by many, if for no other reason, 
 for the moral and useful lessons which it inculcates. 
 
 (From the Providence Daily Journal, Jt. I.) 
 "The Joint Venture" is a story founded on the simple lesson of lift 
 as presented from the Roman Catholic point of view, and results m 
 the triumph of the good and the defeat of the bad through the medium 
 of its doctrines. The Protestant law of divorce is the main object of 
 attack, and the author shows it to be a bad thing so far as the person- 
 ages of the novel are concerned. 
 
(From the Chicago Inter- Ocean.) 
 "The Joint Venture, a Tale in Two Lands," is a story dedicated to 
 the sons and daughters of Ireland, and their American cousins. It is a 
 love story with many mishaps, fully illustrating the maxim that the 
 course of true love runs not smooth ; and yet, as all love stories should, 
 it ends with a wedding. The author of the volume is a devoted Catho- 
 lic, and several chapters of the book are devoted to a glowing eulogy 
 upon the Catholic Church and the priesthood. The story is chastely 
 written, and the interest in the d ffereut characters is well retained un- 
 til the close. It is a strong plea for the Catholic Church. 
 
 (From the Philadelphia Catholic Standard.) 
 "The Joint Venture, A Tale in Two Lands," is, what its title indi- 
 cates, not a romance, but a tale. It has a number of decided merits. 
 The style is good ; the incidents are sufficiently varied to keep up the 
 reader's interest ; the narrative is direct, and, without unnecessary 
 complications, leads naturally up to the denouement. The personages, 
 too, are real, living persons, not mere aggregates of certain intellectual 
 or moral qualities. There is emotion, but it is natural and genuine. 
 There is no mawkish sentimentalism, and none of the detestable analy- 
 sis and anatomical dissection of mental conflicts and "soul struggles" 
 which are so fashionable among writers of popular fictions. The truths 
 of the Catholic religion are occasionally referred to, and a spirit of 
 genuine Catholicity pervades the whole story, but religion is not lugged 
 in by the head and shoulders. The moral, which is not preached to the 
 reader, but left to suggest itself naturally, is the sacrifice of inclination 
 to duty. 
 
 Love is not represented after the false and pernicious manner in which 
 it is so fashionable to depict it, as an involuntary, uncontrollable emo- 
 tion, butasa rational sentiment, held in proper subjection by the will, 
 and regulated by regard for Christian principle. 
 
 The personages generally, are well drawn, particularly those of 
 Alice Desmond and her mother, of Father Walsh and Ned Leary ; the 
 spirit of the work is pure and healthful; the narrative well sustained 
 and interesting to the close. 
 
 (From the N. Y. Daily Graphic.) 
 James Sheehy, 33 Murray St., has just published a highly entertain- 
 ing story, by E. A. Fitzsimon, entitled " The Joint Venture, A Tale in 
 Two Lands." The incidents which are woven together in this story 
 are drawn from the peculiarly amicable associations wiiich connect the 
 people of Ireland with the United States. The field furnishes abundant 
 material for romantic writing, and Miss Fitzsimon has turned it to good 
 account in the present work. Her descriptions will serve to recall 
 recollections which are doubtless familiar to thousands to whom the 
 work will prove instructive and entertaining. 
 
 (From McQee's Illustrated Weekly.) 
 ; "The Joint Venture, A Tale in Two Lands," by E. A. Fitzsimon, pub- 
 lished by James Sheehy. The story has two purposes to fight against 
 divorce, and to give Catholic readers a high-class Irish novel. Iti 
 Catholicity is unimpeachable, and, consequently, its moral is excellent. 
 Without being very powerful, ii is full of charming little touches which 
 betray the grace and skill of an educated feminine mind. 
 
 Branch S SSffiiSSTS"" h it JAMBS SHEEHY, Publisher 
 
 0fflces - 1 SSSSi 4 t SRSS: 33 Murrav street > New *** 
 
The joint venture. 
 
 CHAPTER I. 
 
 AVONMORE. PROFESSOR DESMOND GOES 01N ~ GEO- 
 LOGICAL EXPEDITION AND FINDS A TREASURE. 
 
 Amongst the many picturesque scenes which form 
 a lovely setting for that isle so justly called the 
 ocean's emerald, none can surpass the vale of Avon- 
 more. A rich upland slope forms a background for 
 the blue ridge of Knock-mel-down, which seems to 
 court the light touch of the fleecy clouds floating 
 above its summit; the banks on either side are 
 guarded by forest veterans, through whose foliage 
 the setting sun casts a radiance over lordly castle, 
 old abbey, and round tower, that still speak of Ire- 
 land's past glory. The tower indeed as regards its 
 history has been enigmatical as the Sphinx no CE u- 
 pus has yet unraveled its meaning. The abbey once 
 resoundec" with the voices of three hundred choris- 
 ters, whose matin psalm and vesper hymn arose in 
 prayer and thanksgiving at the riging of the sun and 
 
(i/ a/ 
 
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