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/
*. v