UNIVERSITY OF CALIFORNIA AT LOS ANGELES GIFT OF CAPT. AND MRS. PAUL MCBRIDE PERIGORD ^ y/^J ^■K.&^ I. t>tL. TY of nAT.IFOK!^!*. AT LOS ANGELES LIBRARY V CASES OF CONSCIENCE B^ tbe Same Hutbor: A MANUAL OF MORAL THEOLOGY. For English-speaking Countries. Witli Notes in the Text on American Legislation by Rev. Michael Martin, S.J., Professor of Moral Theology, St. Louis University, Complete in two large, handsome 8vo volumes, each volume with full Alphabetical Index. The two volumes., net, $5.50 The work is not a translation, but is original throughout. The English is strong and fluent and idiomatic; the treatment is as full as need be in a text-book: the printing and editing are faultlessly done. Consequently, no English-speaking priest can wisely neglect to secure this book. But we wish that the work may attract the attention of the laity. Any Catholic, or non-Catholic, who cares to be well informed on the moral law of God and of the Church, will find Father Slater's treatment of these subjects concise, clear cut, untechnical, and undoubtedly interesting. The subjects are treated . . . not as in an enlarged catechism, but as scientifically and as accurately as a treatise in law or in medicine, and yet in a manner intelligible to the man of ordinary education. Non-Catholics, in whose ears "The Moral Theology of Rome" is a bad sound, who have known only the attacks of the Jansenists and the misunder- standings of modern Protestant controversialists, ought, in fairness, to read this volume, after paying special attention to the author's preface, which explains what moral theology is, and what it is not. — Catholic World. A SHORT HISTORY OF MORAL THEOLOGY. Cloth, net, $0 50 The distinguished author of the " Manual of Moral Theology " has broken new ground in writing a history of this subject. At first sight, as he says, it might seem that no history is possible of a system of doctrine which has always been the same. Nevertheless there has been a progress and development which admits of historical treat- ment. This, Father Slater has successfully accomplished. CASES OF CONSCIKIJCE FOR ENGLISH SPEAKING COUNTKIES SOLVED BY" REV. T. SLATER CHICAGO BENZIGER , 1912. 144594 ?J C7^^ CONTENTS DUTIES OF PARTICULAR STATES Part I DUTIES OF LAYMEN PAGE 1.— A Judge's Duty 15 2.— A Solitarj' Witness 18 3.— A Martyr of Science 21 rr: Part II DUTIES OF CLERICS o • I—* ^ 1. — Vocation to the Priesthood 2. — A Doubtful Vocation 3. — Clerical Celibacj^ 4. — Clerical Life . 5. — Public Theatricals 6. — Trading . 7. — Warlike Missionaries 8. — Duty of Residence 9. — Different Ideals of Parochia 10. — A Negligent Parish Priest 11. — A Priest's Proper Bishop Wor 23 25 27 29 32 35 37 39 43 46 49 Part III DUTIES OF RELIGIOUS 1. — A Vocation to Religion .... 2. — Impediments to Ent(M-ing Religion 3. — Obstacles to \'ocation 9 53 56 58 10 CONTENTS 4. — Religious and Seculars . 5.— The Obligation of the Rule . 6. — ^A Rehgious Legatee 7. — Various (Questions on Poverty 8. — A Meddling La"\\yer 9. — A Wide Interpretation of the Rule 10.— The Vow of Chastity . 1 1 . — Solemnity of Vows PAGE 61 64 67 69 71 74 76 79 THE SACRAMENTS THE SACRAMENTS IN GENERAL 1. — Reviviscence of the Sacraments . 2. — The Minister of the Sacraments 3.— A Sheep that Strayed into the Fold 4. — The Intention to Receive Baptism 5. — Simulation of the Sacraments 81 83 86 89 92 BAPTISM 1. — Baptism at Death 2. — A Young Convert . 3. — Remembered His Own Baptism 4. — A Too Zealous Pastor . 5. — A Convert from Judaism 6. — What Baptism Imphes 7. — Parents' Neglect . 8. — Non-Catholic Sponsors CONFIRMATION Necessity of Confirmation . THE HOLY EUCHARIST 1. — Adulterated Matter 2. — Fasting Communion 3.— The Fast Broken . 4. — Doubtful Dispositions . 5. — Was Confession Obligatory? 6. — Non-Fasting Communion . 95 97 100 103 105 107 109 HI 113 115 117 120 122 124 126 CONTENTS 11 7. — Intention to Consecrate 8. — Doubtful Consecration 9. — Mass for a Non-Catholic 10. — Stipends for Mass . 11. — Funded ^Masses 12. — Trading in Masses 13. — Mass in a Private Room 14. — Masses for the Dead 15. — Altar Furniture PAGE 128 131 133 135 138 141 144 146 149 PENANCE 1.— Doubtful Matter . 2. — A Convert's Confession 3. — An Anxious Penitent 4.— No Sorrow for What She Has Done 5. — Was He Prepared? 6. — Probable Opinions in Penance 7. — Confessions on Board Ship . 8. — A Privilege of Regulars 9. — A Regular's Approbation 10. — Confessor of Nuns 11. — Full and Specific Confession 12.— Absolution of the Dying 13. — A Pair of Penitents 14. — Absolution bj-^ Telephone 15. — An Unfortunate Mother 16. — Doubtful Jurischction 17. — A Lie in Confession 18.— A Dying Nun 19. — A Bishop's Reserved Case . 20. — De Absolutione Complicis . 21. — Ficta Absolutio Complicis . 22. — Distinctio Inanis . 23. — Error non dat Jurisdictionem 24. — Asking the Name of an Accomplice 25. — A Recidivist .... 26. — A London Actress . 27. — A Loose Principle . 28.— Requisite Knowledge in the Confessor 29.— The Seal not Broken . . 151 154 157 159 162 164 167 169 171 174 177 179 181 183 186 189 191 193 195 198 200 203 206 208 211 213 216 219 12 CONTENTS PAGE 30. — Confession with Unexpected Results .... 224 31.— Unlawful Use of Confessional Matter . . . .226 32.— A Useless Device 228 ORDERS 1. — Anglican Ordinations 231 2.— A Priest's Support 234 EXTREME UNCTION 1. — Repetition of Extreme Unction 237 2. — Short Form for Extreme Unction 240 MATRIMONY 1. — Informal Betrothal 243 2. — An Action for Breach of Promise 246 3. — A Promise Confirmed by Oath 248 4.— Debts of Betrothed 250 5. — Maternity Impossible 253 6. — Parents Against Marriage 256 7.— Banns 259 8. — An Unhappy Marriage 262 9. — A Drunken Husband 265 10. — A Lawj'er and a Divorce Case 267 11. — Dispensation from Banns 270 12.— Previous Marriage 272 13. — A Too Accommodating Priest 276 14. — Doubtful Baptism and Marriage 279 15.— Affinity 282 16. — Consanguinity 285 17.— Sacred Orders 287 18.— Fear 289 19.— Crime 292 20.— Was She Free to Marry? 294 21.— Multiple Impediments 296 22.— A Treacherous Friend 299 23. — A Governess's Marriage 301 24. — Marriage Before the Registrar 303 25.— A Notable Case 306 26. — General Leave of Parish Priest 309 CONTENTS 13 27. — Requisites for Marriage 28. — Subjects of the Law of Clandestinity 29.— The Month's Stay of Ne temere . 30.— Mi.\cd Marriage 31. — Impediment Dispensed 32. — A Complicated Case .... 33. — Married a Widow with Three Children 34. — Which Bishop lias Jurisdiction? 35. — Revalidation of Marriage 36. — Cohaliitation of Married People 37.— A Troubled Wife 38. — A Husband in Diflficulties 39. — Unwilling to Return to Her Husl)and CENSURES 1.— A Mistake in the Man 2. — Parochial Rights 3. — A Fallen Priest 4. — Countenancing a Duel 5. — A Masonic Ball 6. — A Special Interdict 7.— Is He To Be Avoided? PAGE 312 315 317 319 322 325 328 331 333 33(5 339 342 344 347 349 352 354 357 360 362 IRREGULARITY A Priest Practising Medicine and Surgery ECCLESIASTICAL BURIAL Mixed Cemeteries 365 367 INDULGENCES 1. — The Apostolic Blessing 2. — The Jubilee . 371 373 DUTIES OF PARTICULAR STATES Part I Duties of Laymex A JUDGE'S DUTY TiTius bonus Catlioliciis recenter mortuus in testamento centum libras ad Missas celebrandas i)ro anima sua expen- dendas reliquerat, quod legatum Caius executor juxta voluntatem defuncti solvere intendebat. Obstabat tamen Julius Catholicus et legatarius residuorum bonoruni Titii, qui causam Marco judici etiam Catholico deferebat. Marcus vero juxta leges Anglicas legatum centum librarum irritum utpote usibus superstitiosis assignatum declaravit, unde tota sumnia residuo Julii accrevit. Pliilippus tan- dem sacerdos cui incumbebat cm'a spiritualis omnium de quibus mentio est facta rogat de eorum obligationibus transgressis vel adhuc forte implendis. Unde quseritur: 1. Quid .^it testamentum ad pias causas, et quid requi- ratur ad ejus validitatem? 2. Num judex Catholicus ferre sententiam possit juxta leges patriic injustas? 3. (^uid ad casum? Solution 1. What is a will in favor of pious causes and what is required for its validity? 15 16 CASES OF CONSCIENCE Pious causes, or objects, are such as belong to the service of God and rehgion. Alms left for the support of religion or for charitable purposes, if the main object was the honor of God, are considered as left for pious causes. Such pious causes are subject to the legislation of the Chiu'ch, which lays down that no special formalities are required for the validity of wills and legacies to pious objects; all that is requisite is that there should be moral certainty resting on the evidence of two or more witnesses about the intention of the testator. i 2. May a Catholic judge give sentence according to an unjust law? If the law commands what is contrary to the law of God, no Catholic judge may pass sentence according to it. If the unjust law only affects the hberty of the sub- ject or property rights, many theologians hold that a Catholic judge, hke any other, may pass sentence accord- ing to such a law. His refusal to do so would not ordinarily benefit the accused, and the only effect would be to compel the judge to resign his office, and make it impossible for Catholics to hold such offices. Hence the accused may reasonably be presumed to submit to the action of the judge as long as the unjust law remains in force.2 3. The case. The legacy was void according to English law. Julius, however, was not justified in invoking the law to get the legacy declared void. He is a Catholic and is bound by the law of the Church, and for him, subjectively as well as objectively, the legacy is valid. Mark could not help doing as he did and so he may be excused. Philip, the parish priest, should admonish 1 Ballerini-Palmieri, Opus Morale, tract, viii, pt. iii, c. iii, n. 703. ^ Manual of Moral Theology, vol. i, p. 587. A JUDGE'S DUTY 17 Julius, if the admonition will do any good, and tell him that he is bound in conscience to pay over the £100 for Masses to be said for tlie soul of llie testator according to the testator's intention. It is a case where he can not have the benefit of the law.i 1 Manual of Moral Theology, vol. i, p. 506. A SOLITARY WITNESS Lucia ancilla Caiic haiic sciebat adulteriiim com- misisse. (^uum vero in diem futuruiii citaretur ad tes- timonium dandmii de adulterio connnisso in causa divortii contra Caiam a marito intentata dubitabat utrum crimen dominae revelare posset ac deberet, quum ipsa sola prseter ipsas partes illud sciret. Hinc confessarium adiit qui quatenus ex lege divina, civili, et ecclesiastica, duo testes requirantur ad crimen probandum, et unicus testis a judice non legitime de crimine quod ipse solus cognoscat interrogetur, respondit Luciam non debere crimen man- ifestare. Quod quum Titius alius sacerdos audiret, con- fessarium contra justitiam peccasse judicabat, quum mari- tum a bono, nempe divortio, ad quod jus haberet responso suo impediisset. Unde quseritur: 1. Qusenam sint testium obligationes, et unde oriantur? 2. Quatenus differant prsescripta juris ecclesiastici et juris Anglici de numero testium ad crimen probandum requisito, et num lex Anglica sit justa? 3. Quid ad casum? Solution 1. Wliat are the duties of witnesses, and whence do they arise? The question concerns witnesses in Courts of Justice, and in general any one may be under an obligation to give 18 A SOLITARY WITNESS 19 evidence about what ho knows when this is necessary to prevent great harm to others or to the State. One who is summoned by lawful authority is alscj bound to give evidence by the obedience which he owes to that authority. As he has sworn to tell the truth, he will be bound also by his oath to tell the truth in answer to the questions that are put to him lawfully.' 2. How does English law differ from canon law con- cerning the number (jf witnesses necessary to prove a crime, and is English law on the point just? In canon law, as in the Mosaic and Roman law, two witnesses were necessary and sufficient to prove a crime. Except in the case of treason and one or two other crimes, one witness is held sufficient to prove a fact in English and many modern systems of law. This provision of modern law can not be called unjust, for practically always the evidence of the one witness is corroborated by other circumstantial evidence of the crime.^ 3. The case. If the trial were about to take place in an ecclesiastical Court, in which Caia's husband wished to obtain a divorce a toro et mensa, Lucy would not be bound to tell what she knows, unless there were already semi- plena probatio of Caia's guilt. To avoid needless complica- tions in the case we will waive the (juestion about the State's competence in marriage cases. In Englantl it is at least competent in cases of judicial separation. If. then, Lucy were summoned in such a case she would practically be bound to tell what she knows. Nor is this substantially at variance with the provisions of canon law, for ordinarily when a witness is summoned, there is semiplena probatio, 1 Manual of Moral Theology, vol. i, p. 594. - Stephen's Commentaries, vol. iv, p. 337; G^nicot, vol. ii, n. 17. 20 CASES OF CONSCIENCE or infamy, or evident signs of guilt, and in those cii'cuni- stances a single witness was obliged to give evidence even according to canon law. From what has been said it will be clear how far the confessors were right or wrong. A MARTYR OF SCIENCE Caius medicus lit expcriretur utrum febris, \'ulgo dicta malaria, revera morsibus muscae cujusdam, viilgo mos- quito, causetur, habitabat per aestatem in loco maxime pestifero prope Ostia Tiberina cum omnibus cautelis necessariis ad morsus dictae muscse evitandos, dc aliis contagionis causis nil sollicitus. Postea ut experimenta complercntur, in Anglia ubi malaria est fere extincta, morsibus muscarum in Italia contagione infectarum se exposuit, morbumque contraxit, gaudens tamen de causa febris dctecta, de bono liominibus inde acquisito, necnon de gloria sibi procurata. Titius tamen Catholicus cjuum haec omnia in cphcmcridibus legisset confessarium rogabat utrum licite fuissent facta. Unde quaeritur: 1. Qualis adsit obligatio vitam sanitatemque propriam conservandi ? 2. Qusenam sint obligationes speciales medicorum? 3. Quid ad casum? Solution 1. What sort of an obligation is there to preserve one's Hfe and health? There is a grave obligation of using ordinary means to preserve life and health and of not exposing either to serious and proximate risk without sufficient reason. 21 22 CASES OF CONSCIENCE This obligation is derived from the Fifth Commandment, which forbids killing in so far as it is a negative precept, and prescribes ordinary care of life and health in so far as it is positive. 2. \Miat are the ethical obligations of doctors? Doctors, like other professional men, should have the knowledge requisite for the practice of their profession, and they should use at least ordinary care and diligence in that ])ractice. They should use the safer remedies, and they are not allowed to make experiments on living human subjects ^^dth danger to life or health.^ In desperate cases they may use remedies that are only probal:)le if no better can be had. 3. The case. If Caius was practically certain that the bite of mosquitoes is the cause of malaria, he did not commit sin by living during the summer in the pestilential neighborhood of Ostia. He was convinced that he thereby exposed himself to no special risk. In allowing himself to be bitten in England by plague infected insects he voluntarily exposed himself to the morally certain risk of contracting the disease. The reasons given for thus acting are not sufficient to justify him in exposing himself to the certain risk of serious disease. Evil must not be done that good may come. We may not kill one man to save others. However, as malaria is not a very serious disease when the proper remedies are applied in time, Caius may be excused from grave sin, and perhaps even from venial under the circumstances. There is no harm in exposing ourselves to the danger of illness for good reasons. 1 Manual of Moral Theology, vol. i, p. 596 f. P.urr II Duties of Clekkjs VOCATION TO THE PRIESTHOOD TiTius sacerdos religiosus exercitia spirit ualia juvonihus sacris ordiiiibus initiaiidis Iradobat. Venit ad eum Caius uniis ex eisdcm optimac dispositionis ac indolis vvWv intcntioni sacerdotii suscipiendi renunciarc eo (luod iiou sit certus se esse a Deo vocatum. Sibi applicat verba S. Ali)lioiisi (vi, 802): " Illi igitur qui non vocati a Deo in sacra ministeria se intrudunt, ipsi sunt de quibus per Jeremiain iiKjuit: Non mitteham prophetas cL ipsi currehant. Quo quideiii liominum genere ut ait Cateehismus nihil infclicius ac miserius, nihil Eccle- siae calamitosius esse potest." Titius vero vellet scire quomodo sit Caius tractandus. Uncle quaeritur: 1. Quid sit vocatio divina ad certum vitae statum? 2. Quomodo dignosci i)ossit vocatio divina ad sacer- dotium? 3. Quid ad casum? Solution 1. What is a divine vocation to a certain state of life? A divine vocation may be defined as a purpose of Divine Providence choosing a person for a special state of life and giving him the helps that are required for it. Such a vocation is manifested in him who is called by an internal 23 24 CASES OF CONSCIENCE and external fitness for the state, and by special liglits of the understanding and motions of the will Ijy wliich he is conscious that he could serve God and save his soul in that state. 2. How may a divine vocation to the priesthood be known? A divine vocation to the |)riesthood may be known by the signs which have just been mentioned. If the person in question be fit to exercise the duties of the priest- hood, if he hold out hopes that he will do so with the help of God, if he wishes to receive the priesthood so as to be able the better to serve God, help his fellow men, and save his soul, he shows the ordinary signs of a vocation from God. 3. The case. Titius should ])ut a few questions to Caius with a view to finding out whether he is fit for the priesthood and whether there is a prospect of his being able to fulfil its duties properly. As he is a youth of excellent disposition and character and therefore fit for the priesthood, it will be well to ask him why up to the present he fostered the intention of becoming a priest. In all probability the answer will be satisfactory and will show that his intention was supernatural, resting on faith, on the desire to please God and save liis soul. In that case he should be encouraged to persevere; he should be told to put his trust in God, who will never forsake those who trust in Him; he should be told that the words of St. Alphonsus are not meant for him, but for such as are unfit for the priesthood and who do not intend to fulfil its duties, but who intrude themselves into the clerical state for worldly motives. A DOUBTFUr. ^'OCATION Ad Caium sacerdotoni (lui cxcrcitia sjjirituulia clericis quil:)usdam ordiiiaiidis tradebat accessit Julius subdiaconatu mox iiiiliniidus filius cujusdam nobilis natu minimus. Gravibus vwbis onera sacerdotii Caius descripserat undc anxietates ct dubia in nnimo Julii excitaverat. Xun- quam onim serio do islis oiici'ibus cogitaverat Julius, semper ab infantia fere audierat a ])arentibus et ab Episcopo quodam fjmiilioi amicissimo se servitio Ecclesia?, quie talibus ad praelaturas ccclesiasticas gerendas indiget, vacare debere, quo fine ductus studia in eollegio fecerat, ct potius ut expeetationi parentum et amicorum respon- deret quam ut propria inclinationi indulgeret clericus erat factus. Intendit offieia status qu«cumque sint cum auxilio D(n fideliter im[)lere, sperat se posse onera por- tare, et ceteroquin bonis moribus est imbutus. Qiuxi quum Caius audisset de vocatione Julii dubitare incoepit, et utrum non debcret Julium consulerc ut ad parentes et seculum rediret. Unde quseritur: 1. (^uid sit vocatio divina ad sacerdotium? 2. (^ua'nam sit obligatio divinani vocationem sequendi? 3. Num et quatenus peccet qui non vocatus sacerdos fiat? 4. Quid ad casum? Son TlOX 1. This question is answered above, j). 23. 2. What obligation is there to follow a divine vocation? 25 26 CASES OF CONSCIEXCE A vocation to the priesthood is a great favor bestowed by God and it should be thankfully received. It is not commonly imposed by God as a precept, and so there would not be sin in neglecting to follow it except in cases where by so doing he who is called knowingly exposes his salvation to danger. 3. Is sin committed and how by becoming a priest without a vocation? One who is unfit for the priesthood or who does not intend to live up to its obligations and yet becomes a priest sins grievously. One who is not unfit and who intends to live up to his obligations, but who becomes a priest from natural motives without a divine vocation, acts rashly, l^ut in the judgment of many theologians he does not sin grievously. The reason is because such a one violates no grave precept, nor does he expose himself to serious danger of losing his soul or doing serious harm to others. ' 4. The case. Julius is not unfit for the priesthood, though the motives which have led him so far are natural rather than supernatural. Caius would do well to tell him to take the opportunity of the retreat to think seriously over his position. He might teach him how to make his election of a state of life on supernatural principles. Let him think therefore on the duties and helps of the priest- hood, and of its dangers as well, and then if in the presence of God he thinks that he can serve God and the Church and save his soul as a priest, and if he can purpose to do this, let him be oi'dained. If any doubt remains he should defer ordination for a time until his course is clear. But if he can not look at things from this supernatural point of view he had better return to his family. ' Ballerini-Palmieri, Opus Morale, tract, ix, c. ii, n. 6. CLERICAL CELIBACY TiTius niinistor Aiiglicaiius ut dc validitate ordinationis esset scciu'us, ab opiscopo (luodam schismatico erat ordi- natus ac p(3stea uxoreni duxit. Post aliquot annos ad fidem Catholicam conversu.s nunc inquirit num et sub quibus conditionibus saero ministerio fungi possit, vel etiam juribus maritalibua uti; dc validitate vero sacer- dotii suscepti ambigi nequit. Unde quseritur: 1. Ad quid clcrici in sacris lege coelibatus teneantur? 2. Num et sub quibus conditionibus uxorato ordines sacros suscipere liceat? 3. Num turpes cogitationes essent sacrilegae in sacerdote ([ui legis coelibatus ignarus esset ordinatus? 4. Quid ad casum? Solution 1. To what are clerics in sacred Orders bound by the law of cehbacy? They are bound to observe perfect chastity, in thought and deed, and they are incapable of contracting a valid marriage.^ 2. Is a married man allowed to receive sacred Orders and on what conditions? A man who was married but whose wife is dead or law- fully divorced, when this is possible, may receive sacretl 1 Manual of Moral Theology, vol. i, p. GOl. 27 28 CASES OF CONSCIENCE Orders. One whose' wife is still living and not lawfully divorced may not be ordained without the free and express consent of his wife, who, if she consents, must herself take a vow of chastity.' 3. Would Ijad thoughts be sacrilegious in a priest who had been ordained in ignorance of the law of celibacy? Such a one would not be bound by vow to observe chastity, for a vow can not be taken by one who is ignorant of it. He would, however, be bound to observe chastity by ecclesiastical law. But probably law does not touch merely internal acts, and so although bad thoughts would be sins against the Ninth Commandment, jjrobably they would not have the additional malice of sacrilege, as bad thoughts of priests ordained under normal conditions certainly have. 4. The case. Titius, an Anglican minister, to make sure of his ordination, got ordained by a schismatic bishop and afterwards married. It is supposed in the case that this ordination is certainly valid. As sacred Order is a diriment impediment of marriage,^ it follows that the minister was not married validlv. As he is not married he has no marital rights, and he must separate from liis reputed wife. The greatest consideration should be showTi to the lady which is possible under the circumstances. Titius was ordained by a schismatic, and he thus incurred irregularity, which prohibits him from exercising his orders. He should submit his case to the bishop, who after inquiring into all the circumstances of the case> and if necessary consulting the Holy See, will settle what is best for all concerned. 1 Manual of Moral Theology, vol. i, p. G02. 2 Cf . Ballerini-Palmieri, Opus Morale, vol. vi, n. 1143 nota. CLERICAL LIFE Caius sacerdos Anglicus liluk) patrimonii ordinatus luilluin officium in dioecesi gerit. Iliiic liber majorem amii piu'tem extra Angliam itinerando transigere solet. Barbam non radit iiec tonsuram gerit, et sine scrupulo extra Angliam in publicis theatris scenicis spectaculis adest quum incolui putent eum esse ministrum Anglicanum. Rationem agendi facile defendit quum juxta canonistas lege ecclesiastica tantum sanciatur ut " Clericus neque comam neque barbam nutriat, scilicet, immoderata cul- tura coma) quae morem lascivum et fcjcmineum redoleat ipsi interdicatur." ^ Et quamvis spectaculis publicis inter- esse ipsi etiam interdicatur, intelliguntur spectacula ob- secena et turpia.^ Quae tamen audita Titius neo-sacerdos conciliare baud valet cum doctrina quam in seminario audiebat. Unde qua^ritur: 1. (^uid pra^scribant leges scriptae ecclesiasticse circa ea qua) in casu occurrant? 2. Num consuetudo semper easdem leges eodem sensu ex})licuerit? 3. Quid ad casum? Solution 1. "Wliat does the written ecclesiastical law prescribe concerning the matters touched on in tlie case? > Santi, Prselect. Jur. Can. iii, 1, n. 36. ^ Ibid., n. 41. 29 30 CASES OF CONSCIENCE By the written coiiimoii law clericy are forbidden to cultivate the beard with ^^pecial care, after the manner of dandies, as Santi explains in the passage quoted. But provincial law and custom approved by authority in England goes further and proliibits the wearing of hair on the cheeks or on the chin (iv Westmon., d. xi, n. 13). The common law prescribes the clerical tonsure, but in this matter custom in England is contrary to the law, and ecclesiastical authority does not intervene. With regard to theaters the law in England is severe; it prohibits " ecclesiastics who have received sacred Orders from being present at stage representations in public theaters or in places temporarily made use of as public theaters, under the penalty to transgressors of suspension to be incurred ipso facto, such as has hitherto been the rule in all parts of England with reservation to the respective Ordinaries."^ More or less similar prohibi- tions exist in most provinces. The old written law was as stated by Santi. - 2. Has custom always interpreted these laws in the same way? No; as is clear from what has just been said, both the law on these matters and its interpretation have varied considerably in different ages and countries. There is not uniformity with regard to them even now, so that the provincial or synodal decrees have mainly to be consulted and followed by the conscientious cleric. 3. The case. Although Caius had been ordained on his patrimony ho was not at liberty to wander about as he chose. He had been ordained for the service of the 1 Manual of Moral Theology, vol. i, p. 614. 2 Cf. Ben. xiv, De Synodo Dioecesana, xi, c. x, n. 11. CLERICAL LIFE . 31 diocese to wlildi lie hcloiigs, and the l)ishop should see that lie has suitable employment as long as he can work. He did wrong in growing his beard, though custom excuses him witli r(\L;ar(l lo the tonsure. In going willioiil sci-iiple to plays in public theaters when out of England he also did wrong, for now the common law of the Church, intro- duced by universal provincial law, forbids clerics to go to j)ul)lic theaters. Out of England, however, he would not incur the suspension inflicted ])y English Provincial law, nor, inasmuch as he is a pcregrinus, would he incur any penalty which the law of the place inflicts for such an offence. He might, however, be punished by the l)isho[) of the place where he transgressed the law, inasmuch as it is a mere application of the prohibition of the common law by which clerics are forbidden to do what is not becom- ing in theni.i •G^'nicot, Casus Conscient., vol. i, p. 20; Analecta Ecclesiastica, 1910, p. 174. PUBLIC THEATRICALS Caius sacerdos missionarius in Anglia ut expensas missionis solveret quibusdam juvcnibus utriusque sexus persuasit ut operam celebrem circa Nativitatem Domini in aula municipali {Town Hall) reprsesentarent. Quum populus turn ortliodoxus turn heterodoxus magno numero aulam frecjuentarent, et magnam summam pecuniae conferrent, altero die reprsesentationis ut gratum animum turn actoribus turn pojuilo significaret, ipse Caius cum Patricio amico sacerdote ex Hibernia operae assistebat. Quod tamen quum Episcopus legis ecclesiasticse sedulus defensor audiret, theologum quemdam rogavit nonne uterque in suspensionem iv Cone. Westmon. d. xi, n. 9 latam incurrisset. Unde quaeritm': 1. Detur interprctatio doctrinalis legis de qua in casu. 2. Num peregrini legibus loci teneantur? 3. Quid ad casum? Solution 1. Give a doctrinal interpretation of the law in question. The wording of the law is as follows: " Prohibemus districte ne ecclesiastic! sacris ordinibus initiati scenicis spectaculis in publicis theatris vel in locis theatri f)ublici Usui ad tempus inservientibus, intersint, imponentes transgressor! bus poenam suspensionis ipso facto incurren- 32 PUBLIC THEATRICALS 33 dam hacteims ubi others are his assistants, l)ut all have the cure of souls according to the Westminster Synods. '' Decernimus ceteros omnes curam quam habent animarum non nisi cum depcndentia a primo illo exercere " (iv West, x, 2). " Porro ex eo quod cura animarum principaliter demandata 1 Manual of Moral Theology, vol. i, p. 630. DUTY OF RESIDENCE 41 sit rectoribus missioiuim, iiolinl oxistimare coadjutores se a tanto onere esse ininiuiies; ipsorum eiiim est cum (lopendentia a rectore oum adjuvare, pnedicando scilicet, confessiones audieiido, pueros catcchismum docendo, infirnios visitando atfiuc eis sacramenta adiiiiuistrando, aliaque missionarii muncra adimplondo " (iv West, xi, G). 3. What is the obligation of missionary priests to admin- ister the sacraments and look after the sick? Missionary priests who have the cure of souls are bound to athninister the sacraments to those under their charge whenever these ask for them reasonably. They should take special care of the sick as the Ritual admonishes them: " Parochus in primis meminisse debet, non post- remas esse muneris sui partes segrotantium curam habere. Quare cum primum noverit quempiam ex Fidelil)us curse suae commissis segrotare, non expectabit ut ad cum vocetur, sed ultro ad eum accedat; idque non semel tantum, sed sa^pius, quatenus opus fuerit " {De Visit, et Cura Infirm.). 4. The case. Titius in the case was justified in leaving home for the day; explicitly or implicitly he left Caius in charge. Caius followed the example of Titius and left home for the day although he knew that there were several sick people in the parish, but he thought that none of them was in serious danger. As a matter of fact one tlied without the sacraments while the priest was away, and he might have had them if Caius had stayed at home as he should have done. There is no indication in the case that Caius went away on necessary business; it would appear that he went on ph^asure. He can not be excused from all fault in leaving when he knew that there were several in the parish wlio were sick. If he had left advert- 42 CASES OF CONSCIENCE ing to the probability of one of them dying in consequence without the sacraments, he would have sinned grievously. As this can hardly l)e said, we must say that he sinned at least venially, unless with full knowledge of all the circumstances he judged that no harm would result to his flock. DIFFERENT IDEALS OF PAROCHIAL WORK TiTius et Caius uterquc missionarius in Anglia collo- (luuntur de muiiGribus sacerdotis cui iiicumbit cura ani- marum. Titius elicit spectare ad talem sacerdotcm ex lege residcntia) domi manere i])i(iuo expcctare parochianos qui si velint ad eum vcniaiit. Itaquc die dominica quidem laborem externum sacerdoti non defuturum ceteris diebus eum optime vacaturum sermoni (juam maxima cura prae- parando, et studiis sacris, (luin unquam domum relin- quat nisi quando expresse vocetur ad infirmum vel ad aliud simile munus prsestanduni vel honestser recreationis causa. E contra Caius dicit sacerdotem optimum domi adcsse nonnisi ad cibum vel sonnium nccessarium sumen- dum, toto reliquo die debere visitare parochianos, qua^rcre oves perditas, etiam qua? extra ovile sint, et die dominica loco sermonis form.alis, ut dicitur, bene posse familiari colloquio dare substantiam meditationis matutince vel etiam aliciuid ex pio aliquo auetore legere. Quum sen- tentias ita diversas nullo modo conciliare possint mutuo consensu tlieologum adeunt ut juxta theologica principia et mcntem Ecclesiaj rem definiat. Qua?runt igi^tm-: 1. Num et quomodo diff(Taiit status parochi et mis- sionarii apud nos? 2. Quienam sint pra?cipuai o])ligationes talis missionarii? 3. Quid ad casum? 43 44 CASES OF CONSCIENCE Solution 1. Does the status of parish priests differ from that of missionary priests in England, and how? Parish priests are canonically instituted to their parishes, from which they can not be removed except for canonical causes and by canonical process. They have ordinary jurisdiction in the internal forum. On the other hand our missionaries are nominated by the bishop whose dele- gates they are, and they can be more easily removed than can parish priests. With regard to their duties, parish priests and missionaries are on the same footing, except that parish priests are bound on Sundays and holidays of obligation to say Mass for their flocks, which mission- aries are not strictly bound to do.^ 2. What are the chief duties of a missionary priest? He is bound to residence, to preach on Sundays and solemn feasts, to catechize, to administer the sacraments to those who reasonably ask for them, to visit his people, and to look after the sick.^ 3. The case. Titius and Caius have different notions of the duty of a parish priest and neither of them has quite the right notion. To get at the correct notion according to the mind of the Church, we must join them both together. The parish priest, as Titius maintains, should find some time for study, he should have a fixed time for it every day as far as possible. Of course he can not make a cast-iron rule on the subject, never to be broken; but he should keep the fixed time sacred for study unless * Manual of Moral Theology, vol. i, p. G2G ff. The decree Maxima Cura, 25 Aug., 1910, must now be consulted. 2 Manual of Moral Theology, vol. i, p. 027. DIFFERENT J DEALS OF PAROCHIAL WORK 45 a more urgent duty prevents it . I )ui'ing this time he should prepare his sermons and catecliisms. On the other hand, there are otlier (hities whicli the parish jH'iest must not neglect. He must visit his flock, and especially the sick, without waiting to he callctl; lie must seek out those who are straying from the fold, and promote the good of his people in otlier ways, whicli zeal and charity will suggest according to the wants of his mission. Caius should raise his standard of what pivaching the Gospel demands, and he is altogether wrong in saying that the parish priest satisfies his obligation of preaching by reading a dIous book. 10 A NEGLIGENT PARISH PRIEST TiTius missionarius sacerdos qui solus curam animarum in quodam oppido Angiico gerit, aliquantulum fatigatus tres ultimos hebdomadae dies apud mare transigere de- crevit, quum nil magni momenti eum domi detinuerit. Sabbato vespere domum reversus invenit nuntium qui eum vocavit ad Patricium graviter segrotantem. Expertus cognovit ssepe tales parochianos vocare sacerdotem prsesertim sabbatis ad rixas inter conjuges aliosque componendas, unde manere domi statuit. Proximo die ante prandium urgentem nuntium al3 amico honesto Patricii recepit in gravissimo periculo esse Patricium constitutum, tranquillus tamen prandium sumpsit, et postea ad segroti domum iter est aggressus. Invenit Patricium jam esse mortuum Cjuum tamen factum mortis scitu sit difficile, et putarit fortasse eum adhuc vivere sub conditione absolvit, et anxius domum est reversus. Ad conscientiam pacandum postea quserit : 1. Num obligationes parochorum et missionariorum nostrorum differant? 2. Qualis sit obligatio rcsidentise, et quid ab ea parochos excuset? 3. Ad quid erga parochianos segros parochus teneatur et sub qua obligatione? 4. Quid ad casum? 46 A NEGLIGENT PARISH I'RIEST 47 SOLUTIOX 1. This (luostion was answered above, p. 44. 2. \\'liat is the duty of residence, and what excuses parisli priests from tlie duty? The first part of tliis question was answered above, p. 40. The second ])art may be answered in the words of the " Manual of Moral Theology," (vol. i, p. G31). "For some good reason, and tlie need of relaxation is sufficient, a parisli priest may, by the common law, absent himself from his charge for a period of two months every year. The exigencies of modern parish duties rarely permit of so long an absence every year. Parish priests may be absent from their parishes for a longer period than the two months allowed by the common law when it is made necessary by Christian charity, urgent necessity, due obedience, and the evident advantage of Church or State. The approval of the bishop is always required in these cases." 3. What are the duties of the parish priest toward the sick, and how serious are those duties? The principal duty of a ]:)arish j^i-icst toward a parish- ioner who is in danger of death is to administer to him the last rites of religion. As he is under a grave obliga- tion to administer the sacraments to iiis parishioners when they ask for them reasonably, the obligation to admin- ister them to one in danger of death when they are speciall}' necessary is still more grave. The priest should not be satisfied with admhiistering the sacraments, but he should repeat his \isits, and strive to console and help the sick in theii- trials and temptations, as the Ritual ilirects. The Ritual also i)rescribes thai (he pi-icst shmild do what 48 CASES OF CONSCIENCE he can to assist the temporal necessities of the sick poor.i 4. The case. Provided that he did not absent himself too often, Titius did not do wrong in going to the seaside for a short holiday inside the week when ho felt tired. He should, however, have some arrangement with a neighboring priest so that in his absence an urgent sick- call may be sent on to the nearest priest. Unless Titius had good reason to think that Patrick was one of those who send for the priest without necessity or reason, he should not have neglected to go at once. Better go without necessity many times than miss a real case once. AMien he got an urgent message next day from a respectable friend of Patrick saying that he was in the greatest danger, Titius should have put off his dinner and gone at once to the sick man. He can not be excused from a grave dereliction of duty in not doing so. On finding Patrick apparently dead he did well to absolve him conditionally, and he might also have administered Extreme Unction conditionally. Apparent death may precede real death for an hour or two, as modern authorities hold. 1 Ritual, De Visit, et Cora Infirmorum. 11 A PRIEST'S PROPER BISHOP TiTius vota simplicia in qiuidain CongTegationo dicrcc- sana emisit et sacerdos titulo Missionis est ordinatus. Post aliquod temporis spatium dimissionem e Congrega- tione obtinuit et benevolum receptorem invcnit vicinae dicecesis episcopum, qui in quadam Missione ei curam animarum tradidit. Quod quum audiret episcopus dice- cesis in qua Congregatio erat instituta qusesivit a thcologo utrum ipse Titium ad dioccesim suam revocare et opus ei injungere posset. Unde quseritur: 1. Num \\ ordinationis sacerdos dioecesi particular! sit obstrictus? 2. Ad quid specialiter teneantur ol)ligati juramento Missionis? 3. Numet quomodo sacerdos ab una iu alteram dioecesim transferri valeat? 4. Quid ad casum? Solution 1. Is a priest attadicd lo a })aiii('ular diocese by his ordination? , Yes, the Council of Trent (XXllI, c. IG, Dc Ref.) prescribed that in future no one was to be ordained without being ascribed to that churcli or pious foundation for whose necessity and scr\'icc he was accepted, and where 49 50 CASES OF CONSCIENCE he was to exercise his functions, and not wander about without fixed abode. And if he abandons his post without leave of the bishop, he is to be forbidden the exercise of his sacred ministry. 2. To what are those speciall}^ obliged who are ordained on the title of the mission? By the terms of the missionary oath they are bound to work in the diocese for which they were ordained under the direction of the bishop, and they can not enter into any Religious Order or Congregation without the leave of the Holy See. 3. Can a priest be transferred from one diocese to another, and how? Yes, by the mutual consent of the respective bishops, for just cause, a priest may be excardinated from one diocese and incardinated in another. It should be done in writing. If a priest has been ordained on the title of the mission he requires the leave of the Holy See to pass to another diocese and he should take the missionary oath afresh. The Bishops of the Province of Westminster were empowered by a decree (S.C. de P. F., 18 Aug. 1885), by mutual consent to effect the transference of such a priest from one diocese to another ^^^thout a renewal of the oath.^ 4. The case. Titius had been ordained priest in a certain diocesan Congregation on the title of the mission. If the Congregation was restricted to a particular diocese, he was ordained for that diocese, and when he leaves his Congregation he becomes merely the subject of the bishop of that diocese, and he can not leave it without the bishop's 1 Collectanea S. C. de P. F. n. 1641 ed. 2da. The Bishops of the United States have a similar faculty. A PRIEST'S PROPER BISHOP 51 permission. If he does so, lie can be recalled under threat of censure. If tlu- Congregation was spread in several dioceses, Tit ins on leaving his Congregation became sub- ject lo the bishop of his origin, and if he wants to join another diocese lie should arrange \\itli the bishop of his origin. 1 ' Veruieersch, Dc Rcligiosis Institutis, vol. i, iiu. 335 484. PaiitIII Duties of Religious A VOCATION TO RELIGION Caius juvcnis optimo ingenio et bonis moribus in quodam Collcgio catholico educatus quum tempus a Collegio discedendi appropinquaret ad confcssarium accedit et rogat quid a se sit faciendum. Timet enim ne sit vocatus ad statum rcligiosum, quum ab anno fere integro sa?pissime cogitatio rcligionem ingrediendi in mentem vcncrit, et facile in isto statu salutem consecu- turum sit ei persuasum, quod ob dispositionem ^^vacem et inclinationem ad voluptates satis difficile esset in seculo; attamen austeritatem vitse religiosse animus ejus rcfugit. Vult igitur scire utrum teneatiu- religionem ingredi. Unde quseritur: 1. Quid sit vocatio divina et unde sciatur utrum aliquis vocationem habeat? 2. Num vocatus peccet si vocationem non scquatur, vel non vocatus se ingerens in statum rcligiosum? 3. Quid ad casum? Solution 1. This question is answered above, p. 23. 2. Does one who is called to rehgion sin if he does not 53 54 CASES OF CONSCIENCE follow his vocation, and does he sin who enters religion without a vocation? The answer given above with regard to vocation to the priesthood may be applied to this question. With regard to religious life which does not involve the priesthood, many divines hold with St. Thomas that a general voca- tion is given by God to all who are free and suited to the religious state. So that any such pereons who choose to enter religion for some supernatural motive are in fact called thereto by God. As a vocation to a religious hfe is a call to perfection and to the practising of the counsels of the Gospel, which do not bind under sin, no sin is com- mitted per se by one who does not follow such a vocation. If, however, he is conscious that by remaining in the world he would expose his salvation to serious danger he would of course commit sin by neglecting the necessary means to save liis soul.i 3. The case. Caius, a young man of excellent disposi- tion and good morals, is afraid that he has a vocation to the religious life. The thought of it has often been in his mind during the past year; he is persuaded that he could easily save his soul in that state of life, while he is afraid that on account of his hvely disposition and inclination for pleasure he would find it difficult to do so in the world. AMiat deters him is the austerity of religion. Caius manifests some of the ordinary signs of a religious vocation. His fear of the austerity of the life does not militate against his having a genuine vocation, and should not be reckoned when trying to come to a decision. The confessor there- fore should tell Caius that a religious vocation is a great grace which God gives to those whom He specially loves, 1 Manual of Moral Theology, vol. i, p. 642. A VOCATIOS TO REIJi;i()N 55 as He did to the young man in the Gospel lie might tell him that he has many of the signs of u religious voca- tion, hut he should not attempt to settle the (piestion himself; he should let ('aius do that, recommending him to make a retreat for the j^mpose. 2 IMPEDIMENTS TO ENTERING RELIGION Caia monialis recenter vota simplicia professa Titio confessario manifestat se ante ingrcssum in Religionem debitum viginti libranun cum Paulo contraxisse nonclum solutum, cujus mentioncm nullani se fecisse siiperioribus. PoiTo dicit se quinquaginta libras secum in religionem attulisse ac Ordini dedisse ad compei^sandum victum et vestitum sibi durante novitiatu praestitum. Titius scit quidem aes alienum esse religionis impediment um et justitiam esse servandam, nescit tamen quid in casu sit faciendum. Unde quseritur: 1. Quinam possint religionem ingredi? 2. Quomodo differant impedimenta ingressus in relig- ionem substantialia et secundaria? 3. Num Ordo religiosus solvere teneatur de1)ita per- sonalia membrorum? 4. Quid ad casum? Solution 1. AVho may enter Religion? All those who have the aptitude for the dulies of religious life and who are not prevented by any special obstacle may enter religion. The chief obstacles are: the necessity of supporting parents, consummated marriage, and debts. Bishops can not become Religious without the leave of 56 IMPEDIMENTS TO EKTERINd RELIGION 57 the Holy Sco. The diffcnMit Religious Onlcis havo special irni)e{liinents in addition lo these.' 2. How do substantial inipt'diments difTer from secondary? The former make religious profession invalid if tliey are not removed beforehand, the latter only render it unlawful. Debts constitute a secondary impediment. 3. Is a Religious Order bound to i)ay the personal debts of its iiicnibers? Certainly not. Pei-sonal oliligations of this sort only rtffect him who contracted them. -1. The case. Caia did wrong to enter Religion without pa}'ing her debts. She has given all the money she had to pay for her ow^i support during the novitiate to her superiors, who know nothing about the debt. She has no money left to pay the debt now. If she obtains any afterwards by inheritance or otherwise she will ])e ol)liged to pay the debt with tlie customaiT interest. In the meantime it will be sufficient if she i-epents of her fault, and resolves to fulfil her obligations when she can do so. 1 Manual of Moral Theology, vol. i, !>. G43. OBSTACLES TO VOCATION Patricius sacerdos secularis et in Aiiglia missionarius sed in Scotia oriundus consilium petit Caii regularis in his circumstantiis. Patricius paucis abhinc annis quod- dam seminarium dioecesanum in Anglia intravit et post juramentum Missionis cmissum tandem alicjuando fuit titulo Missionis ordinatus. Postea per duos annos Mis- sioni cuidam inserviens plurimum in vinea Domini fructum attulit. Attamen pericula talis vitse expertus et amore perfectionis religiosa? Opatus Episcopi rogat licentiam in patriam revertendi animo ibidem monasterium quoddam intrandi. Negat Episcopus, quinimmo asserit Patricium esse jam in statu perfectionis nee rationem adesse I'clig- iosam vitam desiderandi, cujus (juo facilius obliviscatur jubet ut ad aliam Missionem pauperrimam ubi nee labor nee paupertas sint defuturi s(^ conferat. Patricius igitur a Caio petit. 1. Quae obligationcs Missioni inservicndi sibi incumbant? 2. Num verum sit statum sacerdotis secularis esse statum perfectionis? 3. Num et sub (jiiibus eonditionibus religionem ingredi valeat? 4. Num teneatur Episcopo obedire quoad aliam Mis- sionem? 58 obstacle:^ to vocation 59 Solution 1. UiicltT what obligutiuns does Patrick lie of serving the Mission? Patrick is bound to serve the diocese for which he was ordained l)y the very fact of his orcUnation and by his promise of canonical obedience to the Bishop. He is also bound by the terms of the missionary oath which he has taken.' 2. Is it true that the state of a secular priest is a state of perfection? A certain stability of life is necessary to constitute a state of life in the strict sense, and flint it maybe a state of acquiring perfection it sliould impose the obligation and offer special means to attain perfection. The secular priesthood is not a state of acquiring perfection, as there is not the requisite stability, nor does it offer special means of acquiring perfection. On accounf.of the want of stability it can not strictly be called a state in which perfection is exercised like tlie state of bishops, but in the opinion of Suarez it may be called an imperfect and in- choate state of exercising perfection on account of the priest's duty of working for the sanctification of others.- 3. Can Patrick enter Religion and under what conditions? If Patrick can get the leave of the Holy See he may enter Religion, but that leave is required by tlie terms of the missionary oath. He should therefore be advised to make up his mind whether as far as can be known he has a true vocation, ami then if he wishes to follow it he must ask leave from the Holy See, which will doubtless ^ Trent, x.\iii, c. 16 Dc Ref.; Manual of Moral Theology, vol. i, p. 634. ^ Suarez, De Relig., tract, vii, lib. i, cc. 14, 15, 17. 60 CASES OF CONSCIENCE fij-st consult the Bishop and then grant leave or not as it judges to be for the best. 4. Is he bound to obey the Bishop and accept the poor Mission assigned to him? It may reasonably be doubted whether Patrick is so obliged if he does not wish to leave his present post. To transfer him to a poorer and harder Mission has the appear- ance not of promotion but of degradation, and Patrick has done nothing to deserve that. When the First Council of Baltimore laid it down that priests were obliged to obey the bishop when he bade them accept any mission within the diocese, the S. Cong, de Prop. Fide sub- stituted for it this clause: "We admonish priests that mindful of the promise made at their ordination they should not refuse to accept any mission assigned to them by the bishop " (Collectio Lacensis recent. Concil., Ill, p. 22). "Wliich is much less peremptory. RELIGIOUS AND SECULARS Caius sacerdos secularis pi-o (luadaiii dioecesi Anglica titiilo Missionis ordinatus iioii Icvia sigiia vocationis ad Stat mil i-oligiosLini iicc ad breve tempus in se expertus consLilit de ea re suuiii iiiissionariiim Rectorem, qui negat se iiitelligere quitl ei desit ad suniiiiam ])erfectionem acquireiidam, quippc quuni legal iir in I\' Cone. West, d. XII, 11. 7: '' Insuper a Domino, infii-initatum nostrarum miseratore, exiinia nobis in Anglia pro regno veritatis militantibus ad pcrfectionem sacerdotalem adquirendam conceduntiir auxilia. Sacerdotio (luo insignimilur mis- sionarii concredita est cura animarmn et ideo omnimotla quae statui pastorali adiiexa sunt dona spiritualia: porro pastores sunt praesertim pauperum, Jesu amicorum ' qui non habent retribuere nobis ' ; ipsique etiam pauperes, et pauperum eleemosynis nutriti et contenti. Aecedit etiam quotidiana et ferme perpetua in aliorum oneribus allevandis, in infii-mis solandis, in moribundis sublevandis die noctuque, proprise voluntatis abnegatio. Denique restat insignis juramenti missionarii et gratia et pri\-ile- gium quo, in limine apostolatus suscepti, ad instar obla- tionis Jesu in Cruce facta;, semetipsos vivum et bene- plaeens sacrificium Deo Patri de die in diem libere se offenint." "En lil)i,"' dicit Rector, "status perfec- tionis et quidem stabilis vi juramenti Missionis. paiipcrtas etiam, castitas, et obedicntia, (luiil aliud habere in re- til 62 CASES OF CONSCIENCE ligioiie potes quod ad pcrfcctionem acquirendam con- ducat." Caius tamen adhuc non contentus secreto con- sulit Julium reguL:rem qui optimam vocationem agnoscens affirmat nihil impedire quominus Caius statim transeat ad religioneni. (|uum hoc privilegium sit concessum in jure sacerdotibus secularibus, nee obstare juramentum Missionis (]uod utpote contra consiha evangehca obicem ponat Spiritui Sancto, juxta S. Thomam, in III, dist. 39, q. 1. a. 3, q. 3 ad 2, ubi addit Anglicus hsec verba: " Quod ipso facto quo quis jurat se rehgionem non intraturum perjurus est." Unde quaeritur: 1. Num status sacerdotis secularis cui"ati sit status perfectionis? 2. Num saltern status religionis sit status perfectionis altior statu sacerdotis secularis curati? 3. Quinam status sit majoris dignitatis? 4. Quid ad casum? Solution 1. This question is answered above, p. 59. 2. Is the religious state a higher state of perfection than that of a secular priest with the cure of souls? Yes, the office of a secular priest with the cure of souls is not a state of perfection in the strict sense, for he is bound by no perpetual obligation to give himself to the duties of his office. The Church permits them to abandon their office and enter religion, which is a proof that the religious state is of greater perfection than the office of a secular priest, as St. Thomas teaches (H-II, q. 184, a. 8). This, of course, does not prevent some priests being personally more perfect than some religious, as St. Thomas also teaches (II-II, q. 184, a. 4). RELIGIOUS AAD SECULARS 63 3. Which state is higher in dignity? Secuhir |)ricst.s have precedence over Rehgious, and this is a mark of thcii- greater dignity of rank in the eccle- siastical hierarchy. 4. The case. The fjuotation from the Fourth Council of Westminster shows the excellence of the priestly office, and tlie necessity of having great virtue in order to fulfil its duties worthily. But as was said above, it wants the stability required for a state in the strict sense, and it does not of itself provide the safeguards and tlie helps which a state of perfection should provide for the ac(iuiring of perfection. The missionary oath does not bind a priest perpetually to devote himself to the ciu"e of souls, nor is he under vows of poverty and obedience. His promise of canonical obedience only binds him to obey the bishop in matters belonging to clerical discipline, and not to leave tlie diocese without the bishop's consent. In religious life the priest will be under the perpetual obligation of the three vows, and he will have innumerable helps and safeguards for the practice of the highest perfection. Julius was also wrong in saying that Caius might enter religion at once. He must not enter without leave of the Holy See as he is bound by the missionary oath. This oath docs not bind him not to enter, but not to enter without leave of the Holy See, whose business it will l)e to find out whether the {Hiblic good of the diocese will permit of his abandoning his office and seeking his private good in religion. So that the (juotation from St. Thomas is not to the point.' ' cr. Instruct. S. C. de P. F., 27 .Vpril, 1871, De Titulo Ordinationis, n. 10. THE OBLIGATION OF THE RULE Caio S. J. rcligioso contra verba expressa Sancti Funda- toris statuentis imllas Constitutiones, Declarationes, vel orclinem ullimi vivciidi posse obligationem ad peccatum mortale vel veiiiale iiiducere illi Doctores peccare videntiir qui tradunt religiosum qui regulam transgrediatur non- obstante dicta dcclaratione S. Fundatoris saltern fre- quenter venialiter peccare. Glossis suis, minime fundatis, ut Caio \idetur, dicti Doctores laqueum peccati inducunt in quern ne filii propter violationem regulce inciderent summopere cavit legifer Pater. Contra Caium Titius alter religiosus urget S. Ignatium voluisse ut universse Constitutiones, Declarationes, et ordo vivendi exacte observarentur, ut ali(iuam saltern obligationem inducerent, ne mera consilia haberentur, ac praeterea naturam status religiosi et ipsius rei esse ponderandum. Unde fjuseritur: 1. Quid sit regula alicujus Ordinis religiosi? 2. C^ualis ordinarie sit obligatio rcguke Ordinum re- ligiosorum? 3. Quid requiratiu" ut actus humanus sit bonus, quid sufficiat ut sit malus? 4. Quid ad casum? Solution 1. What is the Rule of a Religious Order? The Rule of a Religious Order in the strict sense is 64 THE OBLIGATIOS OF Tllh: Hi LE ()5 distin^uisliod from the Constitutions. In the older Orders the Rule was a brief method of life drawn up by some of the great foundei-s of Relire added suhsecjuently and further developed and ex])lained those Rules. In the Society of Jesus the Constitutions wei-e drawn up l)y St. Ignatius, and the Rules were added suhse(iuentl\-. In the follow- ing case Rule is used widely to designate both Constitu- tions and Rule in the strict sense. 2. What is ordinarily the obligation of the Rule of Religious Ordei's? Certain precepts which are often contained in the Rule bind under grave or venial sin according to the matter and the intention of the lawgiver. "What immediately con- cerns the vows also ]~)inds under sin. Rules merely pre- scribing external disci] )line bind accorchng to the will o£ the legislator. In most Religious Orders these rules do not bind directly under pain of .sin, but only under the penalty imposetl by authority. ^ 3. What is required that a human act be good, and what is sufficient that it be evil? The object, the end, and all the circumstances must be good that the action may be good; any defect will mak(> it at least partially v\\\. I. The case. Caius does not distinguish what certainly requires distinction. The rule of silence, for example, does not bind under sin, so that a Religious who breaks it does not sin against the Rule. But if n Religious talks 1 NorniitS. C. EE. et RR., 1901, n. 320; S. Tliomas, Sumnui, II-II, q. 186, a. 9. 66 CASES OF CONSClEiWCE when ho sliould keep silence, there will generally be some fault iu what is said, or in the manner of saying it, or in the motive for breaking silence. There will generally be something said against charity or obedience, some loss of time on one side or on the other, some weakening of disci})line, some indiilgenc(> of the spirit of cm'iosity, grumbling, or idleness, so that often there will be venial sin committed. This follows from tlie nature of things, and could not be prevented even if the founder -wished to prevent it. Actions that are inordinate can not be made ordinate at the will of the legislator. This is what St. Thomas (I.e.) means, and other theologians after him, when they say that frequently religious commit sin by violating their Rule, even when it does not directly l)ind under sin. 6 A RELIGIOUS LEGATEE Caius religiosiis visitabat Titiuni aiiticiuum suuiii amicum qucm moribuiidum iiivenit. Caiiim disccssurum revocabat Titiiis et dicobat se ei legasse in testamcnto millc libras sterlinas. Cains jam petierat suam ex Ordinc diniisyioiicm (luam infra paucas hcbdomadas locum habituram cxpectabat, unde rogavit Titium ut ciiraret legatum solvendum cuidam mensse ai-gentaria? sibi tra- dendum quandocumque illud petei-et. Post dimissionem acceptam Caius legatum petiit ae recepit, anxius tamen utrum licite et valide necne, de qusDstione confessarium consuluit. Unde qua^ritur: L Quid sit votuni paupertatis et quinam sint ejus effectus? 2. Quomodo gra\dtas peccatorum contra paupertatem mensuretur? 3. Quid ad casum? SOLUTIOX 1. \ATiat is the religious vow of pov(>rty and what are its effects? The essence of religious poverty consists in the voluntary remmciation of personal and independent ownership and use of property for love of Jesus Christ. The effects of the solemn vow differ from those of the simple vow. The 67 68 CASES OF CONSCIENCE effects of the solemn vow arc to render the Rehgious incapable of individual and personal ownership of any property that has money value. The simpk; ^'ow does not deprive the Religious of the direct, but of the indirect ownership of pro})erty; so that he can not lawfully use or dispose of anything that has a money value without the leave of his superior. ^ 2. How is the gravity of sins against poverty measured? By the same rule that measures the gravity of sins against justice, for as the malice of theft consists in taking what belongs to another against his reasonable wish, so the malice of sins against religious poverty consists in dis- posing of property without leave of the Superior against one's promise made to God and against that Superior's wish .2 3. The case. If Caius was under solemn vows at the time when the legacy was paid in to the bank at his request he has no right to keep the money except with the leave of the Order to wliich he belonged. For in that case the legacy belongs to his Order: Quidquid monachus acquirit non sihi sed monasterio acquirif. If, however, he was only under simple vows he was capable of receiving the legacy validly, as his personal property, and he may ' keep the money as his. "Whether in accepting the legacy he sinned or not against his vow of poverty depends on whether he had at least the reasonably presumed leave of his superior or not. ' Manual of Moral Theology, vol. i, p. 019 f. 2 Ibid., p. 651. VARIOUS QUESTIONS ON POVERTY Caius religiosus a suo coiifessario quaTit utrum violatio adsit paupertatis religiosae vel peccatum in aliquo ex sequentibus a se actis. (a) Quinque libras stcrlinas accepit ab amico distribuendas pauperibus, quas distribuit sine ulla superioris licentia. (/>) Petiit ab amico ut expensas educationis eujusdani pueri solvere!, annuit amicus ea conditione ut summas requisitas toties Caius ab ipso peteret et solveret; quod fecit etiam inconsidto superiore. (c) A sacerdote seculari qui onerabatur plu- ribus Missis pro stipendio celcbrandis quam celebrare posset, rogabatm* ut duodecim acciperet gratis celebrandas, quod fecit iterum inconsulto superiore. (d) Quum su- perior prohibuisset quominus unquam sui subditi extra domum sine expressa licentia pranderent, laute apud amicum inscio superiore prandit. Unde quaritur: 1. Ad ({uid obliget votum paupertatis religiosa)? 2. Quale peccatum sit violatio paupertatis? 3. Quid ad casum? Solution 1. To what does the vow of religious poverty oblige? The vow of poverty obliges the Religious not to exercise any act of ownership witli regard to things that have a money value without the leave of the superior. 69 70 CASES OF CONSCIENCE 2. ^^■hat sort of a sin is a breacli of poverty? Of its kind a breach of poverty is a mortal sin, but it may be venial for lightness of matter. Matter which is grave in theft is also grave in violations of poverty. 3. The cases, (a) Caius, a Religious, received from a friend £5 for his poor, and distributed the money with- out the Superior's permission. If he distributed it as his own in his own name he violated poverty; otherwise, if he acted merely as the almoner of his friend. Often Religious are forbidden by rule to keep money, and if the Order to which Caius belonged had such a rule, he broke it by having money in his keeping. (6) In asking a friend to pay for a boy's education and acting as his intermediary Caius did not violate poverty. There was no act of ownership in the matter. We suppose that Caius did not make himself liable for the money, (c) Caius did not sin against poverty by promising to say twelve Masses gratis for the secular priest. He merely disposed of his Mass, which he may do without violating poverty. {(l) Against the express orders of his Superior, Caius took dinner with a friend outside the monastery. He sinned against obedience and also against poverty, according to the common opinion. For without the leave of his superior he disposed of food, a thing which has money value. Lugo excuses him from a violation of poverty on the ground that one who eats a dinner merely passively receives a benefit; but it may be replied that one who eats a good dinner is by no means merely passive. 8 A :\IEDDLING LAWYER Caius S. J. sacerdos dum excrcitia spiritualia tradcbat in quodam conventu monialium quae ex approlxitionc S. Sedis vota simplicia emittebant, a superiorissa rogaba- tur uduiii siii conventus monialis hirrcditatem ex patre intestato adire posset, nam jurispcritus catholicus eujus consiliis utebatur conventus id negabat, ductus, ut aiebat, exemplo recenti apud Jesuitas (luorum etiam erat juris- pcritus. Caius res])ondit esse optanduni ut jurispcritus ad consilium daudum dc Ic^gis Anglica^ pra^scriptis se restringerot, nee legem ecelesiasticam attentaret; nam quatcnus etiam professi in Societatc Jesu pro monasterio legata accipere possint, hareditas vero sensu legis Anglicse potius legato quamhaereditati juris Romani correspondeat, nihil impedire quominus professi S. J. in Anglia etiam hsereditates pro monasterio adeant. Unde quacritur: 1. Quid sit paupertas religiosa (>t (luinam sint ejus effectus ex ipsa rei natura? 2. (Juinam sint effectus paupertatis religiosic ex legis ecclesiasticie dispositione? 3. Quid de sententiis legisperiti et Caii? Solution 1. Wliat is religious ])ov(>rty and what are its natural effects? 71 72 CASES OF CONSCIENCE The fii'st part of this question is answered above, p. 67. The effects wliicli follow from the nature of religious poverty may be sumnictl up by saying that one who has taken a vow of poverty can not lawfully accept, dispose of, or use any property without leave of his superior. Acts of ownership are unlawful, not invalid. 2. What are the effects of religious poverty which are due to ecclesiastical law? The personal incapacity of one who is solemnly professed to own property, and the consequent invalidity of acts of ownership exercised by him, are effects of positive law. Similarly, that one who has a simple vow may retain the direct ownei-ship of property, but that its income must be spent and not allowed to accumulate, is due to positive law. To the same source is due the rule that whatever a Religious acquires he acquires for his monastery, not for himself; and the special rule of some Orders by which the solemnly professed can not actiuire anything by inher- itance or operation of law even for their monasteries. 3. The case. The rebuke administered to the lawyer by Caius was not undeserved. It by no means follows that because a professed Father of the Society of Jesus can not succeed to property left by an intestate relative, therefore a nun with only simple vows can not do so. In fact such property becomes hers, but she can not dis- pose of it or administer it without leave of her Superiors. There is some foundation for what Caius says about the difference between an inheritance in Roman and in English law. The heir in Roman law represented the person of the deceased and succeeded to all his rights and obliga- tions. Hence one good reason why a Religious should not succeed as heir. In English law the executor or per- A MEDDLING LAWYER 73 sonal representative is more akin to the Roman heir than is the Enghsh heir-at-hiw. Still in practice Jesuits wlio have taken their last vows are lield incapable of succeed- ing to property that would devolve upon them by opera- tion of law if they had not taken their last vows. Entailed property and property of intestates come under the rule, but not legacies. 9 A WIDE INTERPRETATION OF THE RULE Caius religiosus medicum consulturus ad civitatem adiit expensis itineris et prandii in civitate comedendi a superiore acceptis. Ipse vero amiciim quemdam in civitate invisit et apud eum lautissime pransus ct tessera pro via ferrea primse classis ad domum redcundum munitus pecuniam pro prandio et reditu a superiore acceptam cigarris emendis consumpsit, licentiam cnim ut sibi dixit pro rebus parvis acceperat. Postea tamen cigarris con- sump tis angi scrupulis incepit prsesertim quum amicus plus quam libram sterlinam in eum expendisset. Unde quaeritur : 1. Qualis licentia superioris religiosum excuset a viola- tione paupertatis? 2. Quale peccatum committant religiosi qui pauper- tatem violent? 3. Quid ad casum? Solution 1. What sort of leave of the Superior excuses a Rehgious from a violation of poverty? Express, virtual, and tacit leave certainly are sufficient to excuse a Religious from committing sin when he dis- poses of property. Presumed leave is also sufficient if the Superior can not be asked. Whether it is sufficient 74 A WIDE INTERPRETATION OF THE RULE 75 or not when the Superior can be got at but is not a.sked on account of the trouble it involves, or for some similar reason, is a disputed point. Probably it is sufficient, be- cause a Religious who acts with the presumption tli;it the Superior would give his consent if he were asked does not act independently of his Superior; he docs not exercise an act of private ownei-ship. Venial sin, however, may be committed even then, because tlu; Superior is unwilling that leave should be presumed without necessity, though he would grant it if he were asked. ^ 2. What sort of sin do Religious who violate poverty commit? This question was answered above, p. 70. 3. The case. Caius dined with his friend without leave of his Superior. If this act was against the will" of his Superior so that he had not even presumed leave, he sinned against poverty according to the common opinion, as was said above. In accepting a first-class ticket for his railway journey back, he did not violate poverty any more than he would have done if his friend had driven him back in his carriage. In buying cigars with the money saved, he sinned against poverty, for he used the money as his own without any leave of his superior. It would, however, only be a venial sin, for the matter was not very grave, and the transaction cost the monastery nothing. 1 G^nicot, vol. ii, n. 94. 10 THE VOW OF CHASTITY Catharina monialis professa in quadam Congregatione religiosa confitetiir cum magna difficultate et post multas ambages se contra secundum votum deliquisse pravis cogitationibus indulgendo et etiam .se impudice tangendo; ex aliis ejus dictis colligit Titius confessai'ius earn seminis effusionem procurasse aliquando ut asserit nullo modo ad voluptatem capiendam sed tantum ad pnu-itum sedan- dum. Quo audito Titius ei dicit sufficere intalibus tactum impudicum confiteri. Unde quseritur: 1. Quod sit objectum voti religiosi castitatis et num actus internos comprehendat? 2. Num specie distinctum peccatum^mollitiei turn apud viros tum apud mulieres detur? 3. Num unquam liceat seminis effusionem extra usum matrimonii procurare? 4. Quid ad casum? Solution 1. Quod sit objectum voti religiosi castitatis et num actus internos comprehendat? " Voto castitatis ob motivum religionis non solum pro- hiberi extemos actus luxurise, sed quemlibet etiam internum, adeo compertum est apud omnes ut in eo immorari necesse non sit," ait Lehmkuhl (I, u. 687). 76 THE VOW OF CHASTITY 11 2. Num specie distinctum peccatum mollitiei turn apud viros turn apud muliercs dctur? " Etiam in fcmiiiis datur pollutio quse a venerea volup- tate iiK'onipleta spccificc difforat, idoo(iue in confessione distincte accusanda sit. Ita opinamur cum conimuni doctrina otiam recentiorum," incjuit Genicot (I. n. 890). 3. Nuni unciuam liceatseminis effusionem extra usum matrimonii procm"are? Quatenus seminis effusio voluntaria extra concubitum maritalem est graviter et intrinseee mala nunquam licet illam directe procurare. 4. Ad casum. Ad integre confitendum debet Catliarina declarare qiioties pravis cogitationibus induLserit, et quoties impudice sese tetigerit. Procurabat seminis effu- sionem seu plenam dclcctationem veneream ad pruritum sedandum non ad voluptatem capiendam. Quatenus tamen seminis effusio directe quserebatur tamquam medium ad finem, et illud medium est intrinseee et graviter malum, mortaliter Catharina peccavit. Ait Lehmkuhl (I, p. 58G), nota: " Pollutionem non permittere solum sed procurare vel intendere, secundum S. Alphonsum, (III, 476), omnes damnant mortalis peccati, etsi fieret sanitatis vel servanda? vitie causa. Quare distinctio inter pollu- tionem physiologicam et moralem, quasi hsec sola, qua? voluptatis causa fiat, illicita sit. licita ilia, si voluptatis intentio et approbatio desit, plane excluditur." Ex dictis sequitur per se non sufficere etiam feminas confiteri tantum impudicum tactum quando completa voluptas venerea est admissa. Attamen mulierem con- fitentem tactum impudicum non tenetur confessarius interrogare utrum pollutionem adniiscril. nam nt ait Genicot, citans Berardi: " Recte scribit Berardi (Prax. 78 CASES OF CONSCIENCE conf. n. 851) : ' Diccntc pcnitcntc Me tetigi, si constet quod vere malitiose se tetigcrit, prsesumendum est, quod actum ad fincm suum natiu^alem perduxerit; unde (sive de viris, sive de feminis agatur) interrogationes de re ista omitti posse dicerem. Verum est quod aliqui actum interrumpunt. etsi malitiose ilium inceperint, sed exinde confessarii obligari nequeunt ut omnibus et singulis qui se tetigisse confiteantur, circa banc ipsam interruptionem in confessionibus ordinariis interrogationes superaddant.' ' ' ^ 1 Genicot, vol. i, n. 396. \ 11 SOLEMNITY OF VOWS Caius religiosus soleinniter profcssus post praedicationem cum plausu omnium factam in ecclesia quadam scculari rogatur a Paulo missionario qui isti ecclesise inservit, ut itcrum tempore Paschatis ibidem praedicet, nee ullas excusationes aecipcre Paulus \'ult. Caius igitur serio promittit se venturum, attamcn domum reversus recor- datus sententiae Doctorum juxta quam votum solemne reddit invalidam omnem obligationem a subdito indepen- denter a voluntate superioris susceptam dubitat utrum ad quidquam ratione promissionis obligetur. Unde quseritur: 1. In quo consistat solemnitas votorum? 2. Quodnam discrimen intercedat inter votum simplex et solemne obedientise? 3. Quid ad casum? Solution 1. In what does the solemnity of vows consist? This is a disputed question among canonists and divines. The better opinion seems to be that it consists in a certain efficacy by which a Religious who is solemnl}- professed is thereby firmly and perpetually devoted and bound to the service of God in religion and to his Order, It may be called a consecration with St. Thomas.^ ^ Lehmkuhl, vol. i, n. 047. 79 80 CASES OF CONSCIENCE 2. ^^^lat is the difference between a solemn and simple vow of obedience? All must admit that there is a difference inasmuch as tlie solenm vow is dispensed with greater difficulty than the simple vow. Besides this greater firmness in the solemn vow, some authors maintain that the solemn vow renders the Religious incapable of binding himself by promise or contract except with leave of his Superior, while the simple vow does not render a Religious incapable of bind- ing himself, but he can not bind himself lawfully inde- pendently of the will of the Superior who can annul the obligation. Other authors deny that there is such a dif- ference between the solemn and the simple vow of obedience, though it certainly exists between the solemn and simple vow of poverty. Genicot, vol. ii, n. 103. 3. The case. Caius, a solemnl}^ professed Religious, seriously promised a secular priest to come and preach for him. The promise was made without his Superior's knowledge, but not against his orders. Caius would certainly be bound by such a promise to do what in him lay to fulfil his engagement. The utter invalidity of such promises made by one who is solemnly professed is not necessary for the end of religious life, and it can not be shown to exist. Caius therefore should tell his Superior of his promise, and unless the Superior uses his authority to forbid him, he should fulfil it. THE SACRAMENTS THE SACRAxMENTS IN GENERAL REVIVISCENCE OF THE SACRAMENTS Petrus missionaiius ad moribundum vocatus eumdem ultimis sacramentis ct bcnedictione in articulo mortis miinivit. IC cubiciilo moribundi post sacramcnta admin- istrata egressui-us rcvocabatur Petrus a moribundo qui dicebat — Pater malam confcssionem feci. Confcssione iterum audita ac absolutionc data, Petrus dubitabat utrum cetera sacramcnta ac bencdictionem iterare necne deberet. Unde qua?ritur: 1. Quid sit sacramentum informe et formatum? 2. Num remote obice sacramentum informe reviviscat? 3. Quandonam l)enedictus in articulo mortis bcne- dictione papali indulgentiam lucretur? 4. Quid ad casum? Solution 1. Whsit is a formed and unformed sacrament? A formed sacrament not only has everything required for its validity but the re(iuisite dispositions are present in the recipient, so that it produces grace when it is received. An unformed sacrament is validly received, but for want 81 82 CASES OF CONSCIENCE of the necessary dispositions in the recipient it does not at the time produce grace in the soul.^ 2. Does an unformed sacrament produce grace when the impcchment to grace is removed? Baptism, Confu-mation, Order, when received unformed, according to the common opinion, produce grace in the soul on removal of the obstacle. Many authorities teach the same with respect to Matrimony and Extreme Unction. Penance probably docs. The Eucharist does not.^ 3. 'When does the last blessing take its effect? The last blessing takes effect at the moment of death. It may be given immediately after Extreme Unction and then its effect is suspended until the moment when death takes place. -^ 4. The case. Peter, a missionary, had given a d}ing man the last sacraments and the }mpal blessing. When he was leaving the room the dying man called him back and told him that the confession which he had just made was a bad one. Peter heard his confession again and absolved him, but was in doubt as to whether he should repeat the other sacraments and the papal blessing. He should not repeat Extreme Unction for it can be received only once in the same sickness, and the doctrine of re\dv- iscence makes repetition unnecessary. Nor need he repeat the last blessing, for it will take its effect at the moment of death. He may and should administer Holy Communion again for the previous Holy Communion was sacrilegious. 1 Manual of Moral Theologj^, vol. ii, p. 17. 2 Ibid., p. 18. ' Lehmkuhl, vol. ii, n. 709. THE MINISTER OF THE SACRAMENTS Caius missionariiis sacerdos ct rcligiosus Titii amici icgToti non tamen pcriculosc decumbcntis qui in districtu Julii sacerdotis seculai"is degebat confcssionem domi ipsius audiebat et ipsum sacra communione rcficicl^at. (^iiod qiium Julius audisset scripsit Caio hffic: Nisi ignorasset legem ecclesiasticam quse a proprio sacerdotc sacramenta esse suscipienda prajscribat eum non extra districtum ipsi assignatum sacramenta administratiu'um. Caius se quid- quam contra ullam legem ecclesiasticam fecisse negabat, ac si vigcret lex ecclesiastica aliqua communis qua) pra?- scriberet sacramenta a parocho esse petenda, eam mis- sionaries quales in Anglia habemus non afficere affirmabat. Unde quaeritur: 1. Num sacramenta sint administranda a proprio parocho ex jure communi et a quasi-parocho in hac regione? 2. Num detur lex specialis qua) religiosos quominus Eucharistiam ministrent prohibeat? 3. Quid ad casum? Solution 1. Ai'e the sacraments to be administered by one's own parish pi'iest according to the common law. and by the priest who has charge of the district in England and America? 83 84 CASES OF CONSCIENCE The parochial sacraments of Baptism, Extreme Unc- tion, Marriage, the Easter Communion, and Viaticum must be so administered according to the common law. Penance may be administered by any priest who has faculties in the place where the confession is heard. In England and in the United States (he Easter Communion according to present discipline may be made in any church or public oratory. 1 2. Is there a special law which forbids Religious to administer the Eucharist? Religious strictly so called are forbidden under pain of excommunication reserved to the Pope from administer- ing Extreme Unction or the Eucharist as Viaticum to the clergy or laity except in case of necessity without leave of the parish pries t.^ 3. The case. No objection could lawfully be made to Caius hearing the confession of Titius, his sick friend. The faithful have a perfect right to go to confession to any priest who has faculties in the place. With regard to Holy Communion there is more difficulty. Whenever Hol}^ Communion is of precept, as is the Easter Communion and the Viaticum, it is per se a parochial -sacrament, and Religious are specially forbidden to administer it. How- ever, in the case, communion was not of precept, but of devotion. To carry the Blessed Sacrament pul)licly to the sick is reserved to the parish priest. In English- speaking countries it is not carried publicly to the sick, and some authors maintain that in such places Regulars may carry Holy Communion to the sick in secret unless the Bishop prohibits it. In England the Bishops make 1 Manual of Moral Th(!olop;y, vol. i, p. 627. 2 Manual of Moral Theology, vol. ii, p. 406. THE MINISTER OF THE SACRAMENTS 85 known their wish that Holy Communion should not be carried to the sick by Regulars or others witliout the permission of the priest of the district. The Society of Jesus has a special pi-ivilege in this matter for use in the Missions under Propaganda. A SHEEP THAT STRAYED INTO THE FOLD Julius recenter institutus missionariiis in quodam dis- trictu in Anglia visitabat Catharinam vidiiam satis pro- vectse aetatis. Julio interroganti utrum esset Catholica affirmabat, at simul dicebat se aliquando fuisse Anglicanam. "A quonam fuisti in Ecclesiam recepta?" rogat Julius. "A nemine, sed veni," respondit altera, ''semper enim Anglicana audi\i utramque esse essentialiter eamdem Ecclesiam Christi, unde incepi ad vestram ire ecclesiam ubi singulis mensibus sacramenta recipio, nunc enim sum vera catholica et scio Anglicanismum hseresi et schismate esse infectum." Rogata ulterius utrum fuisset baptisata, dicebat se supponere id sibi infanti esse factum in ecclesia protestantica vicina ad quam pertinuisset, parentes vero religionem fere neglexisse. Nihil aliud dicebat Julius Catharinse sed inquirebat a ministro utrum ejus nomen fuerit in registro baptisatorum istius ecclesise protes- tantic2e, et quum nullum illius indicium fuerit inventum, pergebat ad domum Catharinse quam inveniebat subito morbo correptam et sensibus destitutam. Vellet scire quid a se sit in casu faciendum; et quid si Catharina convalescat. Unde quseritur: 1. Quinam possit valide et licite sacramenta recipere? 2. Quaenam sit relatio baptismi ad cetera sacramenta? 86 A SIlEEl' THAT STRAY KD ISTO THE FOIJ) 87 3. (^iiid faciendum ciiiii (juis in Ecclosiam recipiatur? 4. (.)ui(l a,d casum? V Solution 1. Who can receive the sacraments validly and lawfully? Ill adults the intention to receive the sacraments is necessary for their validity. For tlic lawful reception of the sacraments of the living the state of gi'ace is necessary, and for the lawful reception of the sacraments of the dead faith, hope, and attrition. No intention or disposition is necessary in those who have not the use of reason for the reception of the sacraments of which they are capable. ^ 2. What is llie relation of Baptism to the other sacraments? The \'alid reception of Baptism is necessary for the valid reception of the other saci'aments.- 3. What is to be done when a convert is received into the Church? Incjuiry must first be made about the baptism of the new convert. If it is certain that he has never been baptized, after a profession of faith he should be baptized absolutely. If it be doubtful whether he was ever baptized he must make a profession of faith, be baptized condi- tionally in private with holy water without the ceremonies in England, be conditional!}' absolved from censures, and tluMi from sin after a full confession of his whole life. If lie has been validly baptized already, he should make a i)rofession of faith and be absolved from censures.^ 4. The case. One may seriously doubt whether * Manual of Moral Theology, vol. ii, p. 41 ff. 2 Ibid., p. -11. ^ Form for the Reception of a Convert, edited by the Bishop of Newport . 88 CASES OF CONSCIENCE Catherine had ever been baptized. She herself supposed that she had been, but she had no positive information on the point; her pai'ents were careless about reli<^ion, and her name was not to be found in the jjarish register. She should therefore be baptized conditionally again. If she is in danger of death, this should be done at once, though she is not conscious, and then she should be absolved conditionally and anointed. If she is not in danger of death, the priest should do nothing till she recovers. After recovery in any case she should be formally received into the Church according to the method described above, for as she had not formed an express intention of receiving Baptism, the valicUty of the Baptism administered w^hile she was unconscious would be doubtful, even if she had not been baptized in infancy. Whether the sacraments which she had been in the habit of receiving every month were valid or not would depend on whether she had been validly baptized Her recej^tion of them was not lawful, but her good faith excused her. THE IXTEXTIOX TO RECEIVE BAPTISM Paulus Anglicanus ad fidem Catholicam convcrsus et sacerdotio auctus niliil magis in votis liabebat quam lit patrem in ecclesiam rcciperet. Quum de fide Catholica cum patre colloqueretiir hie semper finem disciirsui im- I)osiiit diccndo: " Nee volo nee nolo converti; sed si tibi consolationi crit potes me ante mortem baptisare:" nam diibie tantum erat infans baptisatus. Quodam die nimtium accepit Paulus patrem gxaviter aegrotare, ad quem (juum festinasset eum jam intra liorte spatium mortuum invenit. Sine mora sub conditione i)atrem baptisatum absolvit et unxit pai'iter sub conditione. Uncle quasritur: 1. Qualis intentio re(iuiratur in subjecto sacrament orum? 2. Quomodo mors ap])arens a morte reali distingui possit? 3. Quid atl easum? Solution 1. AVliat sort of intcnlion is required in llie subject of the sacraments? A neutral intention is not sufficient. In order that Baptism may be certainly valid the adult to l)e baptized must have at least an habitual and express intention to receive the sacrament. An implicit intention will probably 89 90 CASES OF CONSCIENCE suffice. For Penance and Matrimony a virtual intention is necessar}'. A general or implicit intention is sufficient for the other sacraments.^ 2. How can apparent death be distinguished from real death? The absence of vital functions, breathing, pulse, cadaveric spots on the body, and the loss of their luster by the eyes, are more or less certain signs of death. Unequivocal signs of death are putrefaction, and cadaveric rigidity, though the latter does not always appear so as to be perceptible.2 3. The case. Paul, a convert and a priest, wished greatly to convert his father, whose baptism as an infant was doubtful. After talking about conversion the father used to close the conversation by saying: " I am indif- ferent about conversion, but if it will be any consolation to you, you may baptize me before death." One day Paul got a message that his father was seriously ill and he hastened off and found that he had died within an hour. He at once administered baptism, penance, and Extreme Unction conditionally. The father was not in fit dispositions to be received into the Church during his life; he had not the requisite faith. However, he had consented to be baptized before death, and was presumably in good faith. According to recent author- ities real death, which is the separation of soul and body, does not take place for some time after apparent death. The length of the period between apparent and real death, according to these authorities varies iti different cases; 1 Manual of Moral Theology, vol. ii, p. 42 f. 2 Capellmann, Pastoral Medicine, p. 201: Antonelli, Med. Pas- toralis, vol. ii, nn. 568 ff. THE INTENTION TO RECEIVE BAPTISM 91 one or two hours is a safe mean reckoning. Paul is not to be blamed for using this opinion and doing all that he could do for his father's salvation. For although his father had no right to the sacraments inasmuch as he was not a visible member of the Church, yet it is a probable opinion that he had the requisite dispositions for being made one and for receiving the sacraments under con- dition at death. SIMULATION OF THE SACRAMENTS Agnes propter metiun gravem a patre satis severe ineussum matrimonium cum Alberto cui maxime repugnat inire promiserat. Ipso mane matrimonii ineundi petit Caium parochum ea intentione ut se metu coactam esse declaret. Attamen in ipso confessionali consilium mutat, aliquos defectus manifestat et petit absolutionem. Quum Caius certam materiam absolutionis obtinere nequeat, simplici benedictione eam dimittit, quin tamen quidquam de absolutione non data eam moneat. Postea Agnes formam matrimonii init quod quum postea esse ex gravi metu initum legitime fuerit probatum, nullum et irritum esse auctoritate ecclesiastica declaratur. Quum Agnes proxima vice ad confitendum venit nee quidquam dicit de matrimonio simulato Caius dubius hseret utrum eam interrogare necne debeat. Unde quseritur: 1. Quid sit sacramentum simulare? 2. Num unquam liceat sacramentum simulare? 3. Quid ad casum? Solution 1. What is simulating a sacrament? The 29th proposition condemned by Innocent XI 92 SIMULATION OF TIJK SACRAMENTS 93 asserted: " Urgent and grave fear is a just cause for simulating the administration of the sacraments." This false proposition was applied by its defenders to such cases as the following: To avoid death a priest might utter the words of consecration over all the bread in a baker's shop without tlie intention of consecrating it; or the words of absolution over an indisposed penitent without intending to absolve him; or might give a non-consecrated Host to one who was unworthy to communicate. Hence simulating the administration of a sacrament acquired a technical meaning and signified the use of the matter or of the form of a sacrament without the intention of completing and making the sacrament.^ 2. Is it ever lawful to simulate a sacrament? The absolute condemnation of the above proposition by the Holy See shows that it is never lawful to simulate a sacrament either formally, when deception is intended, or materially, when deception is not intended ])ut only permitted. The chief reason is because by such simula- tion a portion of a sacred rite instituted by Clirist for the making of a sacrament and the conferring of grace on the souls of men, is used without the intention of completing the sacrament. Such an illusory use of a sacred sign is greatly injurious to God, and can not be rendered lawful even by the pressure of grave fear. 3. The case. Agnes should have kept to her resolution of telling the parish priest the truth about her case. Still she was not guilty of simulating the sacrament of marriage, for both the matter and form of this sacrament lie in the consent of the parties, and as Agnes did not consent, she did not simulate marriage in the technical sense. A ^ Viva, Dainnatac theses. 9-i CASES OF CONSCIENCE fortiori Caius did not simulate the sacrament of Penance, lor he dismissed her with a blessing. Caius, therefore, was under no obligation of questioning Agnes about the simulation of marriage. BAPTISM BAPTISM AT DEATH Caius in Africa meridionali missionarius instruxerat Titium in fide Catholica quam Titius quidem credidit veram, attamen earn aniplecti ante mortem noluit. " Volo ante mortem baptisari," dicebat, " ut Clmstianus moriar quamvis vivere Christianus non possim." Post paucos annos Caius audiens Titium esse moribundum ad cum convolabat quem sensibus destitutum (luum invenisset baptisabat. Postea tanien Titius convalescebat nee admit- tere se esse Christianum volebat. Quserit igitur Caius utrum debeat iterum baptisare Titium si quando in peri- culo mortis constituatur. Unde quieritur: 1. QuaMiam conditiones requirantur ad validitatem baptismi ex parte subjecti? 2. Quaenam conditiones requirantiu' ad liceitatem bap- tismi ex parte subjecti? 3. Nuni baptismus reiterari possit vel debeat saltem sub conditione? 4. Quid ad casum? Solution 1. ^Yh[it conditions are required for tlie valitlity of baptism on the part of the recipient? The only condition on the part of the recipient who 95 96 CASES OF CONSCIENCE has the use of reason that is requisite for the vahdity ot Baptism is a wish to be baptized. An habitual wish is sufficient. In such as have never had the use of reason, not even this wish is required for the vahdity of the sacrament.^ 2. What conditions are required on the part of the recipient for the lawful reception of Baptism? Faith, hope, and at least attrition for sin are necessary dispositions for the lawful reception of Baptism.^ 3. May Baptism be repeated or ought it to be repeated at least under condition? Baptism may and should be repeated under condition whenever there is prudent doubt whether a person has been validly baptized. Otherwise it should not be repeated.^ 4. The case. Titius had expressed a wish to be baptized before death. He must be presumed to have intended to procure Baptism when he was in danger of death, as he could not wait till he knew whether death in reality ensued or not. Caius, then, acted according to his express will when he baptized him on finding him out of his senses and ill danger of death. The Baptism was tli(>refore valid though afterward Titius would not acknowledge his obligations, and it should not be repeated if he again falls into the danger of death. ' Manual of Moral Theology, vol. ii, p. 62. 2 Ibid., p. 62. 8 Ibid., p. 63. A YOUNG CONVERT Anna ))uclla Protestaiitica diiodecim annos nata ct per plurcjs annos in schola elementari Catholica a monialibus educata petit a Titio (lui isti Missioni in Anglia sita^ inser- viebat iit in cccelesiam Catholicam recipiatur. Titiiis ex responsis suis qusesitis dati.s invcniteam esse puellam optimae indolis, satis bene in religionc Catholica instruc- tam, et fii'mam habere intentionem religionem CathoHcam amplectendi. Attamen bene scit earn infra breve tempus scholam rcHcturam, patrcm ecelesise CathoHcae maxime infensLim voknitatis fiHa? esse ignarum ct ccrto certius consensum negatiirum, et merito i'mwt ne si Anna recip- iatur acathohci sat multi qui suos hberos ad eamdem scholam mittant de suis anxii illos a schola rcmovoant. Dubius igitur quserit: 1. Qua? dispositiones in adultis requirantur ut ipsi ad baptismum admittantur? 2. Num vel quando liceat filios familias infidelium vol haercticorum baptisarc? 3. Quid faciendum in casu supra cxposito? Solution What dispositions ai'e required in adults that they may be admitted to Baptism? For valid reception they must have the will to be bap- 97 98 CASES OF CONSCIENCE tized, and that it may be lawful they must have faith, hope, and that sorrow for sin whicli is called attrition.^ 2. Is it lawful to baptize the children of infidels and heretics, and when? The First Council of Westminster (d. XYl, n. 6) says: " Baptisare potest sacerdos infantes parentibus acatholicis nates, dummodo consensus habeatur eos in vera religione esse educandos, et patrinum seu matrinam catholicam habeant." AMien children come to the use of reason they are their own masters per .se and independent of their parents in what relates to religion. However, in con- crete cases, converts of tender years should seldom be received unless they can be brought up amid Catholic surroundings. The danger of their afterwards falling away, of scandal and the opposition of parents and others must be considered, lest more harm than good be done. Non-baptized parents are not subject to the Church and St. Thomas teaches that it would be against natural justice if an infant of such parents who is in no danger of death were to be baptized without their consent.^ 3. What is to be done in the case? Ann, a girl of twelve, educated by nuns in a Catholic elementary school, asked Titius, the parish priest, to receive her into the Church. Titius finds out that she is a good girl, well instructed in the Catholic faith, and determined to become a Catholic. However, in a short time she will leave school, her father is anti-Catholic, would certainly refuse his consent to her becoming a Catholic, and Titius fears that if she were received many non-Catholic parents would withdraw their children from » Manual of Moral Theology, vol. ii, p. 62. 2Ibid., p. 63. A YOUNG CONVERT 99 the school. Under these circumstances Titius should tell Ann tliat lie will receive her if she can get her father's consent; (hat until she can do this she should foster the grace that has been given her by being good, constant at her prayers, reading good Catholic books, and patiently waiting till she is older or can get her father's leave to enter the Church. REMEMBERED HIS OWN BAPTISM Caius ad fidcm Catholicam e secta anglicana conversus rogatiu- de siio l^aptismo a Titio sacerdote eum in Ecclesiam recepturo; " Bene omnes circumstantias recordor," ait Caius, " nam Unitarianus natus annos viginti f actus sum Anglicanus. Minister sane Anglicanus ante baptismum mihi explicuit ritum baptismi nullius efficacise superna- turalis esse, tantumniodo esse ceremoniam externam qua homines ad coetum Cliristianum sint aggregati. Qua declaratione attonitus, ulterius inquirere incepi, et nunc tandem aliquando in veram Ecclesiam recipi volo." Ex aliis Caii dictis Titius colligit ministrum Anglicanum baud ea reverentia et attentione esse usum in l^aptismo confer- endo qua uti deceat, ceterum rite materiam et formam adhibuisse, dubitat tamen utrum necne saltem sub con- ditione Caium baptisare debeat. Unde quseritur: 1. Quae attentio et intentio requirantur in sacramentis confercndis? 2. Quid prsescribatur quoad baptisandos converses ad fidem in Anglia? 3. Quid ad casum? Solution 1. What attention and intention are required in con- ferring the sacraments? 100 REMEMBERED HIS OWN BAPTISM 101 Attention, or advertence of the mind to what is being done, is requisite under pain of venial sin for the lawful administration of the sacraments, hut it is not necessary for their validity. \Miat sort of intention is required is ex- plained by all approved authors. 2. "\Miat is prescribed wi(h regard to baptizing converts in England? The First Council of Westminster (d. XM, n. 7), de- creed: " Regulam nl)solute innovamus, pra^cipientes, omnes a Protestantismo conversos esse baptisandos con- ditionate, nisi ex indul)iis probationibus certissime constet in ipsorum baptismo omnia rite fuisse peracta, quoad materia} et forma) applicationcm. Hujusmodi baptis- mus non fiat publice scd omnino privatim, cum aqua lus- trali et absque cseremoniis. Confessio etiam sacramen- talis semper in tali casu est exigcnda." From this decree may be gathered what is prescribed by other ecclesiastical regulations: viz., that whenever there is (juestion of recei\ang any one into the Church, in(iuiry should be made about the postulant's Baptism. After inquir}-, when there is any prudent doubt whether the person was ever baptized or whether the Baptism was valid, Baptism is to be administered conditionally, accord- ing to the method laid down in the decree. 3. The case. Caius well remembered all the circum- stances of his Baptism administered by an Anglican minister when he was twenty years old. The Anglican minister did not act very reverently, but he rightly applied the matter and form. The intention to baptize Caius must be presumed. As all the essentials for valid Baptism ivere present, the Baptism was vahd, and Titius must not baptize him again. lie must absolve him from 102 CASES OF CONSCIENCE censures after he has made a profession of faith, and then direct him to make a general confession of his sins committed after Baptism. The Anghcan minister did not hold the Catholic faith about Baptism, but his heresy could not make the sacrament invalid, if it had all the essentials for validity. A TOO ZEALOUS PASTOR • Caius saccrdos zohintissimus pro salute aiiiinaruin visitai'G solct iioii taiitum Catliolicos 8cd ctiam qua^rcre extra ovile oves perditas. Si iiivcnit in fainiliis Pro- testanticiis infantes tlcbiles vel aggros qui probabiliter usum rationis nunquam sunt ad(>p1uri, rogata licentia eis benedicendi eos secrcto baptisat, applicando corum ca- pitibus sudariolo antca madefacto. Julius vero alius sacer- dos qui eidcni ]\Iissioni insendt Caium condemnat iiiju- r'vcC contra sacramentmn ct infantium parentes. Hinc (lUffiritur: 1. Quinam sint minister et subject uin baptismi? 2. Num lieeat infantes baptisare invitis parentibus? 3. Quid ad casum? Solution 1. ^^llO is the minister and who the subject of Baptism? The ordinary minister of solemn Baptism is the parish priest, who may delegate his office to another priest, and for just cause even to a deacon. In case of necessity any one may baptize.^ The subject of Baptism is any living person who has not been baptized. 2. Is it lawful to baptize children against (he wish of their parents? 1 Manual of Moral Thcolog}', vol. ii, p. 52. 103 104 CASES OF CONSCIENCE If tlio parents arc Ixiptized ("hristians (he Church has a right to baptize their chilchuMi (>ven against their will, inasmuch as tlicy themselves are subjects of the Church, and bound to obey her laws. In practice, such a right can onl}' be used rarel}' and with great caution and proper safeguards. If the parents are not baptized and therefore not subject to the Church's laws, their children may not be baptized before they have reached years of discretion without the consent of the parents except when they are in danger of death. After they have attained years of discretion they are not subject to their parents in the matter of religion. ^ 3. The case. Caius should exercise discretion in his zeal. If the chilcben that he baptizes have never pre- viously been baptized and are in danger of death his zeal may be praised. No injury is done to the parents and the childi'en on dying are assured of a place in heaven. If the children have previously been baptized or if they are not in danger of death when he baptizes them, Caius does wrong. In the former case he is guilty of reiterating Baptism, in the latter he baptizes a child who will not be brought up as a Catholic. The mere probability of their dying before they attain the use of reason is not sufficient to justify his action. Mere application of the wet handker- chief to the chikh'en's heads would not be valid Baptism; the water must run, or at least the wet handkercliief must be moved so as to express the sacramental sign of washing. 1 Manual of Moral Theology, vol. ii, {). 63. A CONVERT FROM JUDAISM Rebecca parentibus Judasis nata ab eisdem in con- ventu educanda moiiialibus erat concredita. Sexdecim annos jam habens proximo anno e conventu egressura educatione finita rogavit Titium sacerdotem regularem ut ipsam in Ecclesiam reciperet. Titius invenit eam bene in Catholica fide instructam, dv cjusdem vcritate plane persuasam, sed parentcs prorsus invitos (juominus Cathol- icam religionem amplectatur i)ublico. Titius autem nescit utrum in his eircmnstantiis ejus precibus annuere debeat saltem ut secreto Catholica fiat. Unde quaeritur: 1. (^uisnam sit bai)tismi subject urn? 2. Num filii familias invitis pai'entibus baptisari possint? 3. Si filius infidelium vel acatholicorum baptisetur quid sit circa cjusdem educationem cavendum? 4. (^uid ad casum? Solution The first question was answered above, ji. 103 and the second, p. 104. 3. If a child of infidel or non-Catholic parents be bap- tized, what should be done about its education? Means should be taken to secure the child's education ill the Catholic faith. With a view to this (he Fii-st Council of \AVst!iiiiisi('r (d. X\T. n. (i). decreed: " Bap- tisare potest sacerdos infantes parentibus acatholicis 105 106 CASES OF CONSCIENCE natos, diimmodo consensus habeatur eos in vera religione esse educandos, ot patrinum sen matrinam Catholicam habeant." The Holy Office has more than once repHed to questions on the point that unless those who are offered for Baptism are in danger of death it is not lawful to baptize them if they are to be left under the care and education of their infidel parents. Thus on March 15, 1770, the follo\\ing answer was given: " Non licere extra mortis periculum conferre Baptismum ab utroque parente infideli oblatis quoties iidem infantes post receptum baptisma sub potestate et educatione eorumdem infidelium gen- itorum sunt relinquendi." ^ 4. The case. Rebecca should not be received unless she can publicly profess and practise the Catholic faith. She should be told that there would be no difficulty in receiving her if sjie could get her father's consent. Even if she can not get her father's consent to her reception into the Church directly, if a place in a Catholic family or amid Catholic siuroundings could be provided for her, and her father agreed to her accepting the place, she might then be received at once. If she is under the ne- cessity of returning to her father's house and living under his authority, and if she can not get his consent to her becoming a Catholic, her reception should be put off* till she becomes her own mistress. The danger* of perversion, of scandal, of complaints against convents, in general render immediate reception unadvisable in these circum- stances. She should be taught how she may preserve her good dispositions by prayer, leading a good life, reading good books, etc., uiilil such time as she can be received into the Church. 1 Bucceroni, Enchiridion Morale, p. 109. 6 WHAT BAPTISM IMPLIES Sequens casus fuit propositus in " Pastoralia " Jan., 1901. Quodam die dominico mulier cum matrina Protes- tantica attulit infantem ad ecclesiam Catholicam baptisan- dum. A parocho interrogata dixit se et maritum fuisse in fide Catholica educates, amplius tamen earn non pro- fiteri, quum una religio sit seque vera ac alia. Quatuor alios liberos fuisse quidem baptisatos in ecclesia Catholica, nunc vero scholam publicam {Board-school) frequentare, nee se ad scholam Catholicam eos mittere velle. Se hunc infantem attulisse ad ecclesiam Catholicam baptisandum quia ceteri ibidem baptisarentur, ncc in ecclesia Protes- tantica nee alibi fore baptisatum nisi a parocho baptisetur. Unde parochus quaerit: 1. Num infantem baptisare debuerit? 2. Quum patrinus Catholicus non esset procurandus num matrinam protestanticam admittere ei licuerit? 3. Secus num sine patrino et cum ca^remoniis baptisare debuerit? 4. In illo casu quid de responsis in Rituali, et quinam infantem tcnere debuerit tlum baptisaretur? SOLUTIOX 1. Ought the i)riest to have baptized the child? The Baptism would indeed have been valid, but it may 107 108 CASES OF CONSCIENCE be doubted whether the priest should administer Baptism in such eases. The child is in no danger of death, both parents have fallen away from the Faith and no longer profess to be Catholics, the mother openly asserting that one religion is as good as another. The other children are going to a non-Catholic school, and there is no probability that this one will be brought up a Catholic. Under these circumstances the priest should not baptize the child unless he can in some way secure a Catholic educa- tion for it. 2. As a Catholic sponsor could not be procured, could a Protestant be admitted in such a case? No, a Protestant may never be admitted as a sponsor in Baptism. 3. Ought Baptism to be given without sponsor and with the ceremonies? The Sacred Congregation de Propaganda Fide, April 1, 1816, answered that if proper sponsors can not be had, Baptism which is necessary must be given without sponsors who are not necessary. i 4. In that case who should make the answers in the Ritual, and who should hold the infant while it is being baptized? The priest himself might make the answers, and the mother or any one else might hold the child, for that act alone would not make her a sponsor. 1 CoUectanea S. C. de P. F., n. 618. PARENTS' NEGLECT Lucius sacerdos in Aiiglia niissionarius non sine moerore invenit plurcs pueros et i)uellas in sua scliola clcmentari non esse baptisatos. Quidam sunt ex parentibus Catholicis quidem sed valde negligcntibus et vitiosis, alii Protestan- tibus qui in rebus religiosis sunt indifferentes, nati, quos omnes post debitam instructioneni in catechismo datam volentes baptisabat, et quemdam Lucillum quatuor annos Catholicis parentibus natum valdc pedibus ct pugnis reluctantem vi saero fonte abluit. (Juae non sine admi- ratione vicini sacerdotes audierunt. Unde quseritur: L Num filii invitis parentibus baptisari valeant? 2. Num et quibus sub conditionibus filii hareticorum baptisari possint? 3. Quo tempore et qua obligatione baptismum pro filiis procurare parentes teneantur? 4. Quid ad casum? Solution The first question was answered above, p. 104, and the second, p. 98. 3. When and under what obligation are parents bound to have their children baptized? Catholic parents are bound lo have (heir children bap- tized as soon after birth as they can conveniently. Accord- ing to approved theologians it would be a grave sin for 109 no CASES OF CONSCIENCE parents to put off their child's Baptism for a month without good cause. ^ 4. The case. Lucius did right to baptize the children of Catholic paj-ents who had not been baptized. They are being educated in the Catholic school and they can thus be instructed in the Catholic religion. It is plain that there has been grave and culpable negligence on the part of their jxirents. For the same reason he was right too in baptizing Lucillus. He was only four years old and had not yet the use of reason, so that his resistance need not cause scruple or doubt. It was probably directed against a function which he considered objectionable but which he did not understand. As his parents were Catholics the Church had a right to baptize him. Lucius should not have baptized the children of Protestant parents with- out procuring a promise from the parents that they should be brought up Catholics and allowed to practise the Catholic religion. He should in addition have provided them with sponsors whose duty it would be to watch over their Catholic education. The Baptism, however, even of these was valid, and Lucius should do what he can to educate them as Catholics and induce them to lead Catholic lives. 1 Manual of Moral Theology, vol. ii, p. 63. 8 NON-CATHOLIC SPONSORS Julius missionarius in Anglia tempore consueto quadam Dominica vadit ad ecclcsiam ad baptismum administran- dum si cjui forte sint baptisandi. Invenit infantem baptisandum cum matrina et Tullio Catholico qui dicit se esse procuratorem pro avunculo infantis, qui promisit se fore patrinum. Tullius interrogatus de avunculo dicit eum esse Anglicaniun, sed dixitem a quo spes non exiguas parentes infantis concipiunt. .Julius vero dubius est quid in casu facere debeat. Unde quaeritur: 1. Quinam et quot jxitrini esse possint vcl debeant? 2. Quccnam sint patrinorum obligationes? 3. Num lieterodoxus patrinus in baptismo Catholico, vel Catholicus in baptismo haeretico admitti possit? 4. Quid ad casum? Solution 1. Who may be sponsors in Ba])tism and how many may there, or ought there, to be? All who liave attained tlio use of reason and liave been baptized themselves may be sponsors unless they are expressly excluded l)y law. The following are exclutled: " The parents of the person baptized, if both are living, heretics, those who are excommunicated, or intei'dicted, public criminals or people without reputation, those wlio HI 112 CASES OF CONSCIENCE are ignorant of the rudiments of the Faith, and members of Rehgious Orders. Others are sometimes prohibited by Provincial law, as the folloudng in England: those who have not reached the age of puberty, those who have not been confii'med or who have not made their Easter duties, and ecclesiastics." ^ According to the Council of Trent one only, whether male or female, or at most one male and one female may be admitted as sponsors. 2. ^Yhat are the duties of sponsors? They answer for the person baptized at Baptism, receive him from the hands of the minister after Baptism, and if necesssary act as his instructors in the Faith. 3. May a non-Cathohc sponsor be admitted in Catholic Baptism, or may a Catholic be sponsor in non-Catholic Baptism? No; both are prohiljited as being communicatio in sacris. 4. The case. Julius can not allow the Anglican uncle to be sponsor in Baptism for a Catholic child. If he is afraid that great offence would be given to the parties concerned if he were openly to refuse to allow him to be sponsor the easiest way out of the difficulty would be to let the godmother, who is a Catholic, act alone \\ithout saying anything to Tullius. The latter would be per- mitted to stand by while the Baptism was being admin- istered, but he would not be allowed to touch the child. 1 Manual of Moral Theology, vol. ii, }). (50. CONFIRMATION NECESSITY OF CONFIRMATION Caius in Anglia Missionarius districtum circumit ut sciat quinam confirmari debeant ab Episcopo mox vcnturo. Invenit Tullium patremfamilias Catholicum (lui se un- quam fuisse confii-rnatum iiegat. Interrogatus quomodo id accidisset dicit se ex verecundia non venisse ut tem- pore statute puer confii'inaretur, nee propter eamdem causam postea id sacerdoti confiteri ausum esse. Caius ei persuadet ut saltern nunc sacramentum tarn necessariuni nostris diebus suscipiat, utrum vcro Tullius ob neglectum debeat generalem confcssionem ab setate puerili instituere dubitat. Unde qua^ritur: 1. Quaenam sint materia et forma confirmationis? 2. Quandonam et a (juo sit conferenda? 3. Num sit sacramentum necessariuni? 4. Quid ad casum? Solution 1. What arc the matter and form of Confhmation? The common opinion is that the anointing with clirism, together with the simultaneous imposition of the hand of the bishop on the forehead of the confirmed person while he makes on it the sign of the cross with the cluism, 113 114 CASES OF CONSCIENCE is the adequate and essential matter of the sacrament. The form is: ''I sign thee with the sign of the cross and I confirm thee with the chrism of salvation, in the name of the Father, and of the Son, and of the Holy Ghost." ^ 2. ^Mien and by whom is Confu-mation to be adminis- tered? According to modern discipline Confii^mation is given to baptized persons who have attained the use of reason and have been well instructed in Christian doctrine. The bishop of the diocese is the ordinary minister of Con- fhmation; a priest may be delegated by the Pope to admin- ister it. 3. Is it a necessary sacrament? It is not necessary necessitate medii; whether it is nec- essary necessitate prTcepti is a disputed point among theologians. St. Thomas \\ith many other approved authors deny that it is. 2 4. The case. Tullius neglected to receive Confirmation not out of contempt but from shyness. As is clear from the dispute among theologians, it is not certain that in doing this he committed a mortal sin, and no one should be held guilty of mortal sin unless it is clear and certain that he has committed mortal sin. Tullius, therefore, should not be obliged to make a general confession, unless indeed he thought that he sinned mortally by acting as he did. 1 Manual of Moral Theology, vol. ii, p. 67 f. 2 Ibid., p. 74. THE HOLY EUniARIST ADULTERATED MATTER Sylvius sacerdos audit adulterationem ciborum eo nsque pervenisse iit triticum et vinum quse altari inser- viant inficiat. Nam ut farina sit quam maxime alba ex qua hostia) conficiuntiir ablato germinc tritico admis- cetur alumen; ex modica autem quantitatc vini genuini ope aqusB et artis chimicae quantitas quadrupla conficitur; et cum tali materia Sylvius fere per annum et ssepe pro stipendio Missam celebravit. Mcdiis opportuiiis sumptis ut deinceps saltern materiam debitam hal:)eat, qua?rit quid a se quoad pra^teritum sit faciendum. Unde quaeritur: 1. Qua^nam sit materia SS. Eucharistia3? 2. Num consecratio sub una specie sit valida, vel unquam licita? 3. Quid ad casum? Solution 1. ^\^lat is the matter of the Holy Eucharist? The remote matter of the Eucharist is twofold, wheaten bread and wine of the grape. ^ 2. Is consecration under one species valid, and is it lawful? ' Manual of Moral TlicoloRv, vol. ii, p. 82. 116 CASES OF CONSCIENCE It is certainly never lawful. Consecration of one species is certainly valid when there is the intention of consecrat- ing both species, but the consecration does not take effect, because, for example, the host is not wheaten bread or what is in the chalice is not wine of the grape. Even if a priest pronounces the words of consecration over one species with the intention of consecrating it alone, the consecration will be valid, but it does not constitute the Sacrifice of the Mass, since Mass consists essentially of the consecration under both species. 3. The case. The taking away of the germ from the grains of wheat and the addition of a little alum for the sake of greater whiteness would not change the wheat substantially, and so hosts made of such wheat would still be valid matter for the Eucharist, but it should not be employed. The sophisticated wine, however, was not wine of the grape, and it was not valid matter for Mass. The consecration under one species was nevertheless valid, and perhaps sufficient for the application of the fruits of Mass to the intentions of those who gave the stipends. Ballerini says that in such cases priests have recourse to the Holy See to know what should be done, but he admits that probably all obligations resting on the priest by reason of accepting the stipends have been fulfilled by the con- secrations under one kind.^ 1 Ballerini, 0i)us Morale, tract, x, sec. iv, n. 230. FASTING COMMUNION TiTius Missionarius in Anglia sacerdos vult scire utrum non-jejimae possit S. Communionem deferre Mariae parochianso qua? phthisi laborct ct singulis binis horis lac ex medici pra^cepto sumerc dcbeat quamvis lectulo non dccumbat. Aliquoties melius se habere sentiens Maria venit ad Missam hora nona a.m. et vellet tunc etiam non-jejuna S. Communionem recipere si hoc pe'inittatur. Ipse etiam Titius sencx aliquando influenza cj usque sequelis laborans a Missa dicenda abstinerc ])er duos vel per tres menses cogitur. Posset autem alicjuando Missam cele- brare si extractum carnium vel aliquid hujusmodi pra^xae sumere liceret, de quo tamen dubitat, et edoccri petit. Unde qua^ritur: 1. Ad quid obliget lex jejunii ante S. Communionem? 2. Quid indulserit decretum S. C. C, Dec. 7th, 190G? 3. Quid ad casum? Solution 1. To what does the law of fasting before Holy Commu- nion oblige? This law forbids those to receive Holy Communion who have taken any food or drink whatever after mid- 117 118 CASES OF CONSCIENCE night. Those who are dangerously ill are excepted from the obhgation of this law. 2. What mitigation was permitted by the decree S. C. C, Dec. 7th, 1906? The dispositive portion of the decree is as follows: " Infirmi qui jam a mense decumbunt absque certa spe ut cito convalescant de confessarii consilio SS. Euchar- istiam sumere possunt semel aut bis in hebdomada, si agitur de infu*mis (jui dcgunt in piis domibus ubi SS. Sacramentum asservatur, aut fruuntur privilegio celebra- tionis Missae in oratorio domestico; semel vero vel bis in mense pro reliquis, etsi aliquid per modum potus antea sumpserint." By a subsequent decree dated March 6th, 1907, it was explained that the term decumbunt comprised those " qui quamvis gravi morbo correptos et ex medici judicio jejunium natiu-ale servare non valentes nihil- ominus in lecto decumbere non possunt aut ex eo aliquibus horis dici surgerc queunt." The conditions therefore required for the application of this decree are: (a) The person should have been seri- ously ill for a month, and there should be no reasonable hope of recovery within a short time, say, a month. (6) With the advice of the confessor Holy Communion may be received once or twice a week if the Blessed Sacrament is reserved in the house where the sick person lies, in other cases once or twice a month, (c) Though something liquid has been taken after midnight, e.g., tea, chocolate, soup, even if an egg has been broken up in it. 3. The case. From what has been said it is clear that Titius may take Holy Communion to Mary even though she has taken milk every two hours after midnight. The decree is not applicable to those who can and do FASriSd COMMVMON 110 go to Churcli not fasting, according to tlic interpretation put upon the decree at Rome, and l'oll(j\ved by apjjroved authors. " Videtur i-ecjuiri ut S. T^ucharistia sit in cu- biculum deferenda/' says Genicot, (II, n. 202. ed. (ia). The mitigation of the hiw is granted to the faithful who wish to communicate, not to priests who wish to say Mass. THE FAST BROKEN TiTius sacerdos qui solus cuidarn Mission! inservit tussi laborans pastillum in os immittere solet ut noctu dormire possit. Quadam nocte horologio horam duodecimam sonante expergefactus prseter intentionem aliquid pas- tilli quod adhuc in ore manebat deglutivit. Dubitare incipit utrum liceat mane Missam celebrare quam populus audire debeat ex praecepto (erat scilicet dies dominica), vel sine Missa eos dimittere debeat. Unde quserituf: 1. Quid requiratur ad comestionem qua jejunium ante S. Communionem prsescriptum frangatur? 2. Num parvitas materiae vel quoad cibum sumptum vel quoad tempus post horam duodecimam in hac lege jejunii admitti possit? 3. Num intentio facere possit ut jejunium aliter non fractum frangatur? 4. Quid ad casum? Solution 1 . AVhat is required for a violation of the fast prescribed before Holy Communion? What is taken must have the nature of food or drink or medicine; it must be from without the mouth; and it must be taken in the way food is usually taken, not e.g., by respiration.^ 1 Manual of Moral Theology, vol. ii, p. 110. 120 THE FAST HUOKEN 121 2. Is lightness of inaltcr allowed in tliis law either in what is taken or in I he time? No, tlie law admits of no lightness of matter, for the prohibition does not fall on the food or time, but on the receiving of Holy Communion after taking the least food or drink after midnight. ^ 3. Can the intention cause the fast to be broken when otherwise it would not be broken? According to the rubric of the Missal (De Def., IX, 3) if a th-op of water is sw^allowed inadvertently while washing the mouth it does not hinder Holy Conmiunion. And theologians apply the same rule to a drop of rain, or soup mixed with the saliva and swallowed inadvertently. In these cases the common opinion, which St. Alphonsus says is certainly to be held, maintains that if this is done intentionally the fast is broken .2 4. The case. Midnight is past after tlie first stroke of twelve. Titius therefore after twelve swallowed a piece of the pastille which still remained in his mouth. In doing this he broke his fast even though he did it unin- tentionally, for the sucking of the pastille must be re- garded as a continuous action of eating which did not finish until after twelve. 3 If the necessity for the people to hear Mass is the only reason why Titius should say it, he should abstain from saying it, and explain the reason to the people. He may have prayers and give them a sermon. If he has reason to fear scandal or grumbling on account of his acting in this way he may say Mass, according to a sound opinion. •» 1 Manual of Moral Theology, vol. ii, p. 110. 2 Theol. Mor., lib. vi, 279. 3 Ibid. * Manual of Moral Theology, vol. ii, p. 111. DOUBTFUL DISPOSITIONS Philippus confitetur sabbato vespere cum intentione communicandi (li(^ proxima. Ista tamen nocte cum amicis familiariter conversando, de crimine secreto tertii cujus- dam loquebatur. Postca vehementer dubitabat ne for- tasse hoc faciendo peccatum letliale admisisset. Adhuc dubius proximo mane ad ecclesiam ivit cum intentione ante Missam suum duljium sacerdoti qui unicus ecclesise servivit confitendi. Quum vero ad ecclesiam pervenisset, ecce sacerdos jam Missam incoeperat. Noluit Philippus sacram Communionem omittere, nee habuit alium confes- sarium cui confiteri potuit. In tantis angustiis putavit se posse cum ceteris accedere ad sacram Communionem intra Missam, quod fecit. Proximo tamen sabbato scrupulis agitatus venit iterum ad confessionem, quod fecisset declarat, et rogat quid facere debuisset. Unde cjuaeritur: 1. Quaenam dispositiones animse requirantur ad sacram Communionem ? 2. Quomodo et de quibus intelligendum sit illud Triden- tini " Quamprimum confiteatur " (Sess. XIII, c. 7)? 3. (^uid ad casum? Solution 1. What dispositions of soul are required for Holy Communion? 122 DOUBTFUL Disi'osrno.\s 123 The dispositions of soul required for Holy Communion are the state of grace and a good and upright intention.^ 2. How and of whom is the precept of the Council of Trent to l)e understood: " Let him confess as soon as possible" (Sess. XIII, c. 7)? This is a grave precept imposed by the Council on those priests who though conscious of mortal sin and sorry for it did not go to confession before saying Mass on account of not having a confessor to whom they could confess.^ 3. The case. Philip was in doubt whether he was in the state of grace or not, because he was not sure that he had not committed a mortal sin of detraction since his last confession. As he was in doubt, he was not conscious of mortal sin, and only those who are conscious of mortal sin are bound to go to confession before Holy Communion. However, as the Eucharist is a sacrament of the living, and does not of itself certainly confer grace on a soul deprived of the supcrnatm*al life of God's grace, those who receive it are bound to have moral certainty of their freedom from mortal sin in order that the sacrament may be fruitful. Therefore, one who doubts whether he is in the state of grace, although he is not bound to go to confession, yet he is bound to elicit an act of contrition so that thereby he may make sure, morally speaking, of being in the state of grace. Philip, therefore, should have done this, though he did not sin in omitting it, because he was in good faith. 1 Manual of Moral Theology, vol. ii, p. 106 ff. 2 Ibid., p. 107. 5 WAS CONFESSION OBLIGATORY Caius in Anglia Missionarius Rector cum ancilla noctu peccavit. Proximo mane ad Missam celebrandam obliga- tus quum noluerit juveni sacerdoti curato confiteri quippe qui scandalum pateretur ac quse esset complex suspicari posset, nee alius sacerdos intra tria millia passuum degcret, actu contritionis elicito Missam celebravit. Postea vero scrupulis angebatur quum cogitaret se confiteri curato quin mentionem ullam vel tantum aliqualem sub terminis generalibus peccati cum ancilla faceret, vel saltem sine gravi incommodo per tramway alium sacerdotem adire potuisse. Unde qua^ritur: 1. Qualis integritasin confessione requiratur et qua lege? 2. Num integritas confessionis sit procuranda etiam peccatum complicis manifestando? 3. Qusenam obligatio sacerdoti incumbat qui mortali gravatus ex defectu confessarii cum sola contritione cele- braverit? 4. Quid ad casum? Solution 1. What sort of integrity is required in confession and by what law? By divine law formal integrity is required in confession, which consists in mentioning all the mortal sins which occur to the mind after a diligent examination of con- science and which have not previously been directly 124 WAS CONFESSION OBLIGATORY 125 absolved, or at least those mortal sins which the penitent is bound under the circumstances to confess.' 2. Is the integrity of confession to be procured by man- ifesting also the sin of one's accomplice? If the penitent can not confess a sin without thereby making known his accomplice in the sin to his confessor, it is probable that he is not bound to confess that sin to this confessor. The contrary opinion that he is bound to confess it is also probable, so that he is free to do so if he choose. - 3. What obligation rests on a priest who because he had not a confessor merely made an act of contrition for a mortal sin and celebrated Mass? He is bound to go to confession- as soon as possible according to the decree of the Council of Trent (Sess. XIII, c. 7). 4. The case. Caius w^as not bound to go to confession so early in the morning to the neighboring priest. His going and intjuiring for his confessor at so unusual a time could scarcely help creating suspicion and comment. If he had no other mortal sins on his conscience he was not bound to go to his curate; for the danger of causing him scandal and tlu^ probability that he would suspect who was the accomplice excused Caius from confessing this sin to him. If he had other mortal sins not yet con- fessed which he could confess to his curate without these inconveniences he would be bound to confess them before Mass. Otherwise if he has the grace to make a good act of contrition he will only l)e obliged to confess his sin as soon as possible, i.e., within the next three days. 1 Manual of Moral Theology, vol. ii, p. 104 f. 2 Bucceroni, vol. ii, n. 720. 6 NON-FASTING COMMUNION Caius Missionarius Rector statuerat ipse Officia Majoris Hebdomadae peragere, quum vero Feria VI in Parasceve male se habere senserit misit nuntium coadjutori ut illo die functiones saeras perageret. Kenuntiabatur coad- jutorem jam jentaculum sumpsisse, quo tamen nonob- stante, Caius cum omnia Officia consueta perficere jussit. Quod quum theologus quidam audisset, dubitabat utrum licite esset factum. Uncle quseritiu-: 1. Quo jure statuatur jejunium ante Sacram Commu- nionem? 2. Num peccet qui statim post Coimnunionem cibum sumat? 3. Quales exceptiones hujus legis admittantur? 4. Quid ad casum? Solution 1. By what law is fasting prescribed before Holy Communion? Although reverence for Holy Conamunion suggests that it should be received before any other food, still in strict- ness it is only the positive law of the Church which pre- scribes fasting before Holy Communion. 2. Is sin committed by taking food immediately after Holy Conmiunion? 126 NON-FASTING COMMUNION 127 Reverence also suggests tliat other food should not be taken immediately after Holy Communion hut, as there is no law on the point, sin is not committed Ijy taking food immediately after Communion. 3. What exceptions to the law of fasting Communion are recognized? Danger of death, danger of scandal or serious loss of reputation, danger of profanation of the Blessed Sacrament, long continued illness with incapacity to observe the fast, necessity of completing the Sacrifice of the Mass, and probably the necessity of consecrating the Viaticum for a dying person, are recognized as valid excuses for saying Mass and receiving Holy Communion though not fasting. ^ 4. The case. As Good Friday is not a day of obliga- tion, and no law imposes a grave precept of saying the Mass of the Presanctified, Caius did wrong in bidding liis curate who had taken his breakfast perform that function and consequently receive Holy Communion not fasting. The curate might perhaps have performed the first part of the service and omitted the Ma.ss of tlie Presanctified, if a considerable number of people had come to church in expectation of the service. ' Manual of Moral Theology, vol. ii, p. HI. INTENTION TO CONSECRATE Caius sacerdos dubius utrum cogitationi pravse con- sensiim praestitisset anxius celebrare Missam incoepit. Inter Missam celebrandam nunc se consensisse nunc aliter judicabat, et dubiis occupatus ministrum parvam hostiam pro communione quum in altari SS. Sacramentum non fuerit reservatum in corporali apposuisse non advertit. Post communionem sumptam et auditum Confiteor a ministro recitatum aspexit et parvam hostiam in corporali vidit. Quid faciendum primo nesciebat, sed mox recor- datus se aliquot abhinc annis propositum efformasse consecrandi in Missa quidquid decenter consecrabile in altari esset appositum quamvis postea propositum oblitum nunquam renovasset pro communione hostiam ministro praebuit. Postea tamen dubiis cruciatus petiit a con- fessario utrum celebrando sine prsevia confessione aut contritione peccasset, et utrum hostiam ministro dare debuisset. Unde quaeritur: 1. Quid refjuiratur ad validam Eucharistiai consecra- tionem? 2. Quomodo peccet sacerdos in mortali celebrans? 3. Quid ad casum? 128 INTENT ION TO CONSECRATE 129 Solution 1. What is rcMjuirctl lor the vahd consecration of the Eucharist? The proper matter must be physically present and must be determined by tlie intention of the priest when he utters the words of consecration.^ 2. How does a priest sin who celebrates in mortal sin? He commits several mortal sins: by consecrating the Holy Eucharist in sin, by comnnmicating in sin, and by administering Holy Communion to himself though he knows that he is unworthy to receive it.- 3. The case. Caius should have made up his conscience finally before saying Mass as to whether ho had sinned or not. Fre(|uently this can bo done in siicli cases b}' means of presumjjtions. If more frequently than not he consents to such bad thoughts wlicii attacked by them, he should presume that he consented in this doubtful case, antl should go to confession. If he does not usually consent, the presumption is in his favor, and he may conclude that he did not consent in this doubtful case. If he can not make up his mind but remains in doubt he should at least elicit an act of contrition before saying Mass. He should not have given the host for Communion to his server, for it could hardly have been consecrated under the cir- cumstances. An actual or at least virtual intention is recjuired for the validity of the consecration. He luul not an actual intention, for he had not noticed the small host until the communion. Nor had he a virtual intention, for the pm'pose which he had formed many years before ' Manual of Moral Theology, vol. ii, p. 84. 2 Ibid., p. 33. 130 CASES OF CONSCIENCE of consecrating whatever was capable of being consecrated with decency had not been renewed, and had been forgotten. It could not then continue to have an influence on the act of consecration, and some influence is required for a virtual intention. We must, then, conclude that the small host was not consecrated and it should not have been given for communion. 8 DOUBTFUL CONSECRATION Episcopus qiiidam orclinavci-at diioclecim neo-sacer- dotcs, at post ejus communioncm animadvcrsum est in credcntia ad latus altaris ciboriiim quod hostias ad neo-sacerdotes communicandos continebat ex inadver- tentia fuissc relictum. Dubitanteni uiagistrum cere- moniarum quid esset faciendum monet unus suggerendum esse Episcopo ut hie et nunc consecret ciborium sub conditione et particulas consecratas distribuat; alter vero insinuat eas esse sine dubio jam consecratas vi intcntionis virtualis ab Episcopo certe habitaj; tertius vero aliquem ex neo-sacerdotibus debere super ciborium verba con- secrationis proferrre ut certo sit consecratum; quartus denique totidem hostias ex tabernaculo esse extrahendas ut neo-sacerdotes Missam a singuhs simul cum Episcopo celebratam integrarent. Unde quseritur. 1. Quid requiratur ad vahdam in Missa consecrationem? 2. Quid ad Hcitam consecrationem? 3. Quid in casu ah Episcopo facionchnn. ot quid de variis mediis magistro ceremoniarum suggestis? Solution The first question was answered above, p. 129. 2. ^\^lat is required for the lawful consecration of the Eucharist? 131 132 CASES OF CONSCIENCE For the lawful consecration of the matter of the Eucharist the hosts must be whole, clean, and of the usual size and shape, the chalice and ciborium must be on the cor- poral and uncovered, and the consecration must be in Mass as it is prescribed to be said, and under both kinds. ^ 3. The case. The first suggestion is altogether inad- missible, if followed it would mean that the bishop was to say Mass again without following the order prescribed by the Church, and was to consecrate under one species alone. The bishop could hardly have had an intention to con- secrate the ciborium according to the second suggestion, for if he had thought of it at all he would have noticed that it was not on the altar. It is true that it might have been validly consecrated on the credence table, but unless the bishop actually intended to do it this should not be assumed. The third suggestion has all the inconveniences of the first, for the newly ordained priests celebrate Mass with the bishop. The reason given for the fourth suggestion is incorrect, for the hosts in the tabernacle were consecrated in another Mass and can not be used to integrate this Mass. How- ever, this suggestion seems to be the best, for thus the new priests can at any rate receive Holy Communion, though the hosts were not consecrated in this Mass as they should have been. 1 Manual of Moral Theology, vol. ii, p. 85. MASS FOR A NON-CATHOLIC Caius vetus in Anglia Missionarius recenter pro Rcgina demortua preces privatas quidcm ad Deum fiidit, sed aliud facere piaculum fore existimavit. Non igitur sine admira- tione audivit in ecclesia catholica vicina servitium ves- pertinum in memoriam, lit dicitur, cum speciali sermone fiiisse habitum, in alia Missani fiiisse privatim applicatam ut sacerdos ibi postca publice proclamavit, in alia Missam de Requiem publice proanima defunctae fuisse celebratam. Mirabundus igitur Caius thcologum consuluit quid de praidictis sit censendum. Unde quaeritur: 1. Num lege divina vel naturali sit prohibitum quominus preces publico vol i)rivatini fundantur, vel Missa appli- cetur, pro quibuscumque? 2. Quid prohibeatur in hac materia lege ecclesiastica? 3. Quid ad casum? Solution 1. Is it forbidden by divine or natural law to pray publicly or privately or to apply Mass for any one? Apart from scandal or other extrinsic reasons we are not forbidden by divine or natural law to pray or to offer Mass for any one whom it will benefit. It is useless to pray or to offer Mass for the damned. 2. What is forbidden in this matter by ecclesiastical law? 133 134 CASES OF CONSCIENCE The Church by her sentence deprives excommunicated persons of a share in the pubhc suffrages offered by her ministers in her name. All acknowledge that by this law it is forbidden to pray or offer Mass publicly for those who are to be avoided as excommunicates. Some hold that it does not prohil^it public prayer for those excommu- nicates who are tolerated. Some think that it is a law which has force only in the external forum, and that privately we may offer Mass for all whom it will benefit, as we may and certainly should pray for all men privately. ^ 3. The case. The wonder felt by Caius at an evening memorial service with sermon being held in a Catholic Church for one who had died out of her communion, was not without grounds. Such a thing savors of heterodoxy, not of Catholicism, which does not allow such things to be introduced into her public worship by private author- ity. If the priest who said Mass privately for the dead Queen had kept it to himself, nothing could have been said against him, but when he announced publicly that he had done it, it was much the same as if he had publicly announced beforehand that he was going to do it, and this is not tolerated by the usage of the Church. The Requiem Mass publicly offered for the dead Queen was contrary to the practice of the Church, which we should follow in all things, and against the express declaration of Gregory XVI, 16 Feb. 1842: "Veteri ac nova disciphna interdictum est ne homines in externa notoriaque heresum professione defuncti Catholicis ritibus honorentur." 1 Manual of Moral Theology, vol. ii, p. 116. 10 STIPENDS FOR MASS Caius sacerdos missionarius in Anglia dum cxcrcitiis spiritualibus vacat scrupulis angitur dc obligatione ratione stipcndii Missse cclcl^randse. Pergit igitiir ad confessarium cui narrat se pliircs Missas pro stipendio celelorandas solere acciperc qiiani (juil^us satisfacere possit. Non vult tamen stipendia altcri saccrdoti tradere unde aliquando retinet stipendium at non celebrat Missam quod ob parvam qiiantitatem, non cnim excedit duos shillingos cum di- niidio, sperat non esse mortale. Aliquando etiam Missse celebrationem ex stipendio debitse differt ad quatuor vel sex menses, imo si agatur de stipendiis traditis a pia associatione quadam ad devotionem erga animas in purgatorio promovendam instituta pro animabus defunc- torum in genere, sine scrupulo ultra sex menses debitam celebrationem Missse differt. Unde quaeritur: 1. Unde oriatur obligatio Missse celebrandse ratione stipendii accepti, et num sit obligatio gra\ds? 2. Intra quod tempus sit Missa ratione stipendii ccle- branda? 3. Quid ad casum? Solution I . Whence arises the ol:)ligatioii of saying Mass by reason of accepting a stipend, and is the obligation a grave one? 135 136 CASES OF CONSCIENCE The obligation of saying Mass for the intention of the person who has given a stipend arises from a contract which the priest enters into with the giver, and from eccle- siastical law. It is not a contract of buying and selling, but an innominate contract— Do ut facias. The stipend is given for the support of the priest, and the priest under- takes to apply Mass for the intention of the giver. The obligation is a grave one of justice, as the nature of the obhgation, the intention of the parties, and the law of the Church make manifest. Innocent XII commanded that " absolute tot Missse celebrentm' quot pra^scriptae fuerint ab ofTerentibus eleemosynas." 2. Within what time is Mass to be said for which a stipend has been given? The decree S. C. C. Ut debita, 11th May 1904, answers this question: " Utile tempus ad manualium Missarum obligationes implendas esse mensem pro Missa una, semestre pro cen- tum Missis, et ahud longius vel brevius temporis spatium plus minus ve juxta majorcm vel minorem numerum Missarum." 3. The case. In accepting more stipends for Masses than he can satisfy Caius transgressed the decree S. C. C, Ut debita, which prescribes: " Nemini licere tot Missas assumere quibus intra annum a die susceptae obligationis satisfacere probabiliter ipse nequeat." In neglecting to celebrate Mass although bound to do so on account of having received a stipend for it Caius committed grave sin, and he is bound to restore the stipend to the giver if the occasion on account of which tlic Mass was asked for has now passed by, or otherwise to say the Mass as soon as possible. If he can STIPENDS FOR MASS 137 not do this, he should liand over the stipends to his Ordi- nary, or to some rehal)le priest of the diocese. In deferring the celebration of Mass for which he has accepted a stipend much beyond a month lie has committed so many greivous sins. 11 FUNDED MASSES Caius Catholicus testamento reliquit sedes suas Titio sacerdoti Missionario in Anglia ea conditione ut in per- petuum viginti Missae singulis annis pro requie animae suse celebrarentur. Redditus annui ex sedibus prove- nientes tunc facile viginti libras sterlinas superabant, unde legatum libenter Titius accepit. Intra paucos vero annos ob dilapidationem sedium et quia vicinitas minus evasit honesta, vix decimam partem prioris summae singulis annis accepit moerens Titius, unde numerum Missarum ad octo reduxit, ita ut remaneret una pro quinque shillingis taxadioecesana; immo aliquas misit celebrandas ad amicum Lucium qui libenter dimidiam coronam pro singulis Missis accepit. Unde quseritur: 1. Quid sint Missae manuales et fundatae? 2. Ad quem spectet accipere et reducere onera Missarum? 3. Num liceat transferre onus Missae celebrandae alteri, parte stipendii retenta? 4. Quid ad casum? Solution 1. What are manual and funded Masses? The distinction is explained in the decree S. C. C, Ut debita, May 11, 1904: " Declarat S. Cong, manuales Missas praesenti decreto intelligi et haberi eas omnes quas fideles 138 FUNDED MASSES 139 obliita manuali stipe celebrari postulant, cuilibet vol quoniodocumque sive brevi maiiu sive in testamentis banc stipem tradant, dinnniodo ])orpetuam fundationem non constituant, vcl talcm ac tarn diuturnam ut tanquam perpetua habcri doljcat." 2. To whom docs it belong to accept and to reduce the burden of Masses? The Fourth Council of Westminster (d. X n. 11 says): " Meminerint ecclesiarum cleri sascularis rectores soli Episcopo compctere jus onera Missarum sive sint tem- poraha sive perpetua ecclesiis imponeridi; et onera jam imposita nee mutari nee minui posse inconsulta Sancta Sede." The consent of the IMsliop (or of the regular prelate for Religious) is not recjuired fur the validity, but only for the lawfulness of the transaction.^ 3. Is it lawful to transfer the biu-den of saying Mass to another while retaining part of the stipend? No, as a general rule. The decree Ut debita says: " Decemitur stipem a fidelibus assignatam nunquam separari posse a Missa^ celebratione, neque in alias res commutari aut imminui sed celebranti ex integro et in specie sua esse tradendam." In certain cases, however, it is not unlawful to retain part of the stipend, as, for example, when more than the ordinary sum has been given out of friendship, or other special reason, when the priest who says the Mass without being askctl \-()luntarily fore- goes part of the stipend, or wlien there is question not of manual but of funded Masses in the strict sense annexed to a church .2 4. The case. Titius went beyond his powers when he ' Gasparri, De Eucharistia, vol. i, n. 561. ^Lehmkuhl, vol. ii, n. 281, Uth edition. 140 CASES OF CONSCIENCE accepted the legacy without the consent of the bishop, as is clear from what was said above. Titius still further exceeded his authority when he reduced the number of Masses to be said on account of the reduction of income from the property. He should have recourse to the Holy See, say what he has done, and ask what he is to do in the matter in future. Under the circumstances he did not do wrong in getting his friend Lucius to say some of the Masses for half-a-crown, which is commonly given as a stipend for Mass by the poor in England. No definite sum had been apportioned by the testator for the celebration of each Mass. 12 TRADING IN MASSES Caius sacerdos scripsit ad Titium paritcr sacerdotem et aiictorem libri thcologici ac petiit ut exemplar dicti libri ad se mitteretur. Auctor librum misit et simul scripsit optimum modum solvendi pretium fore ut Caius quinquc Missas celebraret, se enim habere plures inten- tiones quam quibus satisfaeere possit, et istas quinque jam in manibus esse a duobus mensibus. Caius vero dubitat utruni sibi liceat ita librum emere, immo Titium contra decretum S. C. C. Maii 11, 1904, deliquisse putat. Unde quaeritur: 1. Quomodo monstretur esse licitum ac honestum stipen- dia pro Missis accipere? 2. Quid S. C. C. statuerit Maii 11, 1904, de dubiis in casu tractandis? 3. Quid ad casum? Solution 1. How is it shown that it is lawful to receive stipends or Masses? The Mass is not sold for the stipend, but the priest undertakes to say a Mass for the intention of the person who asks for it. But it is only right and proper that one who occupies himself for the benefit of another, should receive his support or part of it from liini for whose benefit 141 142 CASES OF CONSCIENCE he labors. A soldier fighting or training to do so for his country's defence has a right to be supported meanwhile at his country's expense. In the same way the stipend is given to the priest for his support by one who benefits spiritually by the priest's celebration of Mass. 2. What did the S. C. C. decree May 11, 1904, bearing on the points in the case? The decree S. C. C, Ut debita, contains the following: " Eleemosynam Missse numquam separari posse a Missse celebratione, neque in alias res commutari aut imminui, sed celebranti ex integro et in specie sua esse tradendam;" porro, " libros, sacra utensilia vel quaslibet alias res ven- dere aut emere et associationes (ut vocant) cum chariis et ephemeridibus inire ope Missarum nefas esse atque omnino prohiberi. Hoc autem valere non modo si agatur de Missis celebrandis, sed etiam de celebratis, quoties id in usum et habitudinem cedat et in subsidium alicujus commercii vergat." 3. The case. Caius would seem to have interpreted the decree too strictly The decree indeed, forbids trad- ing with stipends for Masses, and as a general rule pre- scribes that the whole stipend received for a Mass is to go to the priest who says the Mass. It is specially forbidden for booksellers to collect intentions for Masses and get them said by priests who receive books instead of the sti- pends. However, Titius did none of these things. He had some Masses to be said for stipends, and he was at liberty to ask Caius, if he knew him to be an honest priest, to say some of those Masses. Caius was indebted to Titius for the price of the book. It was lawful to square accounts without the necessity of sending money backwards and forwards. Fr. Lehmkuhl says: "Solum si [sacerdos] TRADING IN MASSES 143 supcrflua stipendiu iion do iiiduslria collecta habet autque Missas celebrandas ciiiii jure ad Integra stipendia aliis sacerdotibus committit, hi vero aliunde permoti ab illo folia periodica emunt, licobit coniputuni dati et accepti faeere."^ ' Casus Conscientise, vol. ii, n. 22.3. 13 MASS IN A PRIVATE ROOM Caius recenter ordinatus sacerdos multum desiderat missam praesente patre celebrare. Pater tamen valde senex est, nee unquam e lectulo surgit, unde erit neces- sarium lit Cains in patris cubiculo privato celebret si quod desiderat effectum sortiatur. Vult igitur scire quid ut desiderium impleatur sit faciendum. Unde quaeritur: 1. Quonam loco sit Missa celebranda? 2. Num Episcopus licentiam celebrandi in cubiculo privato dare possit? 3. Quid ad casum? Solution 1. In what place should Mass be celebrated? By ecclesiastical law Mass may regularly be said only in churches and in oratories dedicated solely to the service of God and therein on duly consecrated altars. The Council of Trent forbade bishops to allow priests to say Mass in private houses, though bishops have the personal privilege of saying Mass on a portable altar in private houses in which they may be staying. In the United States bishops commonly have a privilege granted by the Holy See of allowing priests to say Mass in any decent place, but they are told to do this only once in a way, and on account of 144 MASS IN A r HIV ATE ROOM 145 special circumstances. The superiors of some regular Orders have a similar j)rivilege.i 2. Can a bishop give leave to cclel^rate Mass in a private room? As has just been said he can not by his ordinary powers. It' he has the special privilege granted by the Holy See of which mention has just been made, he may grant per- mission once in a way on accoimt of special reasons. 3. The case. It is clear from wliat has been said that Caius can not say Mass in his father's room without special leave from the Holy See, or from the bishop, or regular superior in case Caius is a Religious, if they have the special privilege of allowing such an act. The occasion and the circumstances would seem to justify the exercise of such a special privilege, if the bishop or regular superior think proper to indulge the very filial desire of Caius. ^ Manual of Moral Theology, vol. ii, 130. 14 MASSES FOR THE DEAD Caius sacerdos cujusdam ordinis religiosi audit Julium ejusdem ordinis socium recenter esse mortuiim et ipso die esse sepeliendum. Dies proximus est ritus duplicis quo si per leges ecclesiasticas sit licitum, vellent Caius et alii socii sacerdotes qui eidem ecclesiae inserviunt Missam de Requie pro anima Julii celebrare. Rogat igitur Caius utrum hoc sit licitum vel decreto Mali 19, 1896, vel decreto S. R. C. Dec. 11, 1897, quo mutatur Rubrica Mis- salis De Missis Defunctorum, n. 2, in hunc modum; loco verborum — " prseterquam in Festis duplicibus et Do- minicis diebus " — leguntur sequential " Missai privatse pro Defunctis ut in die obitus seu depositionis etiam in duplicibus celebrari possunt prse- sente, insepulto, vel etiam sepulto non ultra biduum cadavere; exceptis duplicibus primse classis, diebus duplicia primae classis excludentibus, et Festis de prse- cepto." Unde quseritur: 1. Quandonam permittitur et prohibetur Missa exe- (iuialis? 2. Quandonam permittitur et prohibetiu- Missa privata pro Defunctis? 3. Quid ad casum? 146 MASSES FOR THE DEAD 147 Solution 1. On what days may a soleirin or sung Mass for the dead be said? Pracscntc corpore ccle})rari potest omni die, (liiiii tamcn Missa conventualis, ubi obli<>;at, aiit paroc-hiahs, si sit dies dominica itiit festiva, et officia divina non inipediantur, magiia(iue diei cclebritas non obstet.^ A Hst of the days on which according to this rule solemn or sung Mass for the dead is forbidden is usually given in the Ordo. 2. When may a private Mass for the dead be said? Prohibetur omnibus diebus dtjmiiiicis et duplicibus; diebus infra octavas Epiphania^, Paschatis, Pentecostes, SS. Corporis Christi, et Nativitatis Domini, feria quarta Cinerum, tota Hebdomada sancta, vigiliis Epiphanise, Pentecostes, et Nativitatis Domini; tempore expositionis SS. Sacramenti ob causam privatam, ad altare exposi- tionis tantum; quando autem exponitur ob causam publicam, ad omnia altaria ecclesia;; diebus stationis ecclesia) vel alterius solemnitatis. Omnibus reliquis die- bus Missa privata de Requie permittitur.^ Moreover, Juxta decretum S. R. C. Maii 19, 1S96 in quolibet sacello sepulcreti, rite erecto vel erigendo, Missae quse inil)i cclebrari permittuntur, possunt esse de Requie diebus non impeditis a Festo duplici 1 vel 2 classis, a do- minicis, aliisque Festis de pnecepto servandis, necnon a Feriis Vigiliis Octavisque privilegiatis. Il)id. n. 04. And, "Pro paupere defuncto cujus familia impar est solvendi expensas Missae exequialis, cum cantu, hsBC Missa legi ' De Herdt, Sacnc lit. Praxis, n. 56. 2 De Herdt, n. 63. 148 CASES OF CONSCIENCE potest sub eisdem clausulis et conditionibus quibus Missa cum caiitu conceditur, dummodo in dominicis aliisque Festis de prsecepto iiou omittatur Missa officio diei cur- rentis respondens. ''In ecclesia vel oratorio turn publico turn privato et in Sacellis ad Seminaria, Collegia, ac Religiosas vel pias utriusque sexus Communitates spectantibus, ea die qua ibi fit funus cum Missa solemn! exequiali, toto tempore quo defuncti corpus physice aut moraliter pra^sens est, permittuntur Missse privatse de Requie modo appli- centur pro ipso defuncto; exceptis sequentibus diebus: omnibus dominicis; omnibus Festis duplicibus 1 classis: Feriis privilegiatis IV Cinerum et II, III, IV Sanctse Hebdomadse; Vigiliis Nativitatis Domini et Pentecostes; diebus octavis Nativitatis Domini et Epiphanise." ^ 3. The case. Caius may have one solemn or sung Mass de Requie on the day mentioned, as De Herdt says, n. 58. Private Masses de Requie are forbidden, as the body of Julius is not present either physically or morally. If the body of Julius were present all the priests might say a private Mass de Requie for the repose of his soul, but if they were said in a church or public oratory they should be said on the day when a solemn or sung Mass was said for the funeral. 1 De Herdt, n. 57. 15 ALTAR FURNITURE Caius sacerdos curam gcrcbat alien jus missionis in Anglia. Quam missionem qiuim Episcopus visitaret aliqua legibus ecclcsiasticis minus congruentia, ut ipsi vidcbatur, invenit. Inter alia enim casula fili seriei flavi coloris ad Missam adliibebatur; alia^ easulse ex serico cum cottone mixto exterius, intcrius vero ex alpaca conficiebantur; lux electrica tabernaculo hinc inde adha^rebat, ct ad lumen dandum inserviebat; calix Missae inserviens cele- brandai nomen dantis circa pedem insculptum gerebat cum inscriptione Ora pro felici statu N. addita. Epis- copus edicto visitationis praescripsit ha^c esse juxta rubri- cas reformanda, nisi probates auc tores qui ea permit- terent allegare posset Caius. Unde Caius qua^rit: 1. Ex qua materia sint casulaj conficienda?? 2. Num color vestium pro Missa sit sub peccato ser- vandus? 3. Quid de luminibus altaris sit prsescriptum? 4. Quid ad casum? Solution 1. Of what material should the chasuble be made? Chasubles should be of silk, or silver or gold cloth, a' though the cross and other ornaments on them may be of linen, wool, or cotton.^ 1 Gasparri, De SS. Eucharistia, n. 692. 140 150 CASES OF CONSCIENCE 2. Is the color of the vestments a matter of precept? Yes, of Kght precept, according to St. Alphonsus, VI, 378. 3. "\Miat is prescribed about the lights of the altar? There should be two wax lights, or more according to the quality of the Mass, on the altar while Mass is being said. Besides these, no lights should be placed on the altar, though nothing prevents lamps, gas, or the electric light, from being used in the church to give light; but any theatrical effect should be avoided.^ 4. The case. Yellow vestments have often been for- bidden and they should not be used.^ Chasubles of silk mixed with cotton should not be used; unless the cotton appears only in the ornaments and accessories. The Sacred Congregation of Rites answered (23 March, 1882) that lining of cotton or linen or wool, and we may add alpaca, for silk chasubles could be tol- erated in poor churches. The electric light on the tabernacle is forbidden (S. R. C, 13 April, 1883). There is nothing reprehensible in the inscription on the chalice.3 1 Genicot, Theol. Moral. Institutiones, vol. ii, p. 246., 2 Gasparri, De SS. Eucharistia, n. 693. ' Ibid., n. 749. PENANCE DOUBTFUL MATTER TiTius annos viginli iiatiis conversus ad fidem Cathol- icam et sub conditionc baptizatu.s propter dubiuni de priore baptismo in ecclesia anglicana recepto, sanctis- siniaiii vilaiii iiistituere incepit. Sabbatis singul's con- \^ fitcbatur at (luia plerum(]uc nonnisi eadcm lovia peccata habebat, alicjuod peccatum grave a se adhuc protestantico commissum adjungcbat; inio semel ex quadam vere- cund'a propter eadcm semper repetita simpliciter dixit " Alicjua levia peccata commisi et peto absolutionem." Confes ariu vero dubitat utrum talis confessio sufficiat ad valid tatem sacramenti, quod dubium deinde extenditur ad illud peccatum vita? prseteritas quod Titius adjungere solebat Unde qua}ritur: 1 Quaenam sit materia sacramenti pienitentise? 2. Num materia valida sit eadem licita? 3. Num liceat absolutionem dare quando materia sit dubia? 4. Quid ad casum? Solution 1. ^yhat is the matter o'the sacrament of Penance? The remote matter of Penance arc the sins which the penitent has committed after Baptism. Mortal sins ai'e 151 152 CASES OF COX SCIENCE necessary matter inasmuch as each and all must be con- fessed; venial sins and luoi'tal sins which have been con- fessed and ab.solvc(,l belun', aiv free matter and sufficient for absolution. According to the common opinion, the proximate matter of Penance are the acts of contrition, confession, and satisfaction, performed by the penitent.^ 2. Is matter which is valid also lawful? The question is cUsputed. The difficulty arises al)out the sufficiency of confession in general terms, when the penitent has no necessary matter. May a penitent be absolved if he says simply: " I accuse myself of some light faults." Absolution in such a case is vahd, and some divines say that it is also lawful, as there is no precept which binds the penitent to say more about matter which he is free to confess or not. Other divines say that if such a penitent chooses to confess light matter, he is bound to particularize it, so that the confessor may be able to pass judgment on it, and the opposite opinion would lead to abuse. ^ 3. Is it allowable to give absolution when the matter is doubtful? No, it is not generally lawful The priest as minister of the sacrament is bound to procure certain matter as far as he can; otherwise the sacrament is exposed to the danger of nullity. Sometimes, as when the penitent is in danger of death, and certain matter can not be procured, the confessor may give conditional absolution.^ 4. The case. Titius, a convert from Protestantism, used to mention a grave s'n of his past life when he went 1 Manual of Moral Theology, vol. ii, 148 ff. 2 Ibid., 150. 3 Ibid., 153. DULBTl'UL MATTER loo to confession, to make sure of sufficient matter. As tlie sin was committed by him while he was a Protestant and only i)robably baptized, it is only doubtful matter of penance, and the mentioning of It is useless for Titius' {jurpose. He also confessed some venial sins under the general' formula: " 1 have committed some venial sins and ask for absolution.' Although theoretically there is grountl for saying that such a confession is valid and lawful, yet it is against the practice of the Church, is liable to lead to abuse, and should not be used nor ordinarily allowed by confessors. A CONVERT'S CONFESSION Albertus anglicanus in Ecclesiam Romse fuit receptus a quodam sacerdote Romano (lui ab eo utpote dubie baptisato in secta anglicana confessionem integram non exegit. Re versus in patriam Albertus illud narrabat Titio parocho et confessario (jui exinde scrupulis ange- batur. Legerat enim apud auctorem recentem (luses- tionem de confessione dubie baptisatorum integra exi- genda quando in Ecclesiam recipiantur esse practice solutam, et nunc constare a talibus confessionem integram esse jure divino faciendani. Quse sententia si sit vera, Albertus jure divino obligatione cui nondum satisfecit teneri \ddetur. Wilt igitur scire Titius utrum eum de hac obligatione monere debeat. Unde qua^ritur: 1. Qusenam sit materia sacramenti PcEnitentiae? 2. Quid facere debeat confessarius (jui neo-conversum in Ecclesiam recipiat? 3. Qusenam prsecipua documenta de confessione in tali casu exigenda promanarint? 4. Quid ad casum? Solution The first question is answered above, p. 151. 2. What ought a priest to tlo wiien he receives a convert into the Church? 154 A CONVERT'S CONFESSION 155 He must first of all see to his instruction in the Catholic faith, and then inquire about his ]3aptism. If the convert was never baptized, he is only required to make a profes- sion of faitli. If hv has been validly baptized, besides a profession of faith he must be absolved from censures, and then be absolved in confession from his sins. If there be a doubt about his Baptism, he must make a pro- fession of faith and be baptized conditionally, in England with holy water in secret without tlie ceremonies. He must, furthermore, make a full confession of all the mortal sins of his life, and receive conditional absolution from them. In some dioceses leave from the bishop is required to receive a convert.^ 3. What are the chief documents that have been issued about retiuiring a full confession in such a case? The following: I Westmon. d. XI, n. 8; S. 0. 17 Junii 1715, 17 Dec. 1868, 20 Julii 1859; S. C. de P. F. 12 Julii 18G9; Tanquerey, De Poenit. n. 138 ; Collectanea S. C. de P. F. 4. The case. Albert, an Anglican doubtfully baptized, was received into the Church by a priest in Rome who did not require liim to make a full confession of his life. When Albert returned to England, he told this to Titius, his parish priest, who was in doubt whether a full con- fession was not still obligatory by divine law. According to the principles laid down by some theolo- gians {v.g. Lohmkuhl, Casus, II, n. 288; Tanquerey, De Poenit. n. 34,) Albert would seem still to be under the obligation of making a full confession. It is advisable that he should do so, but the strict obligation is difficult to prove. The arguments adduced to prove it are not conclusive. The Cardinal Prefect of Propaganda indeed ' ,1 Form for the Reception of :i Convert, C. T. S., 1901. 156 CASES OF CONSCIENCE did declare July 10, 1869, that the answer of the Holy Office Dec. 17, 1868, '' contained a universal law," but a private assertion made by a Prefect of Propaganda could not make it a universal law if it was not one already. No universal legislative authority has ever made such a law. Nor is there a presumption of law with regard to the matter in hand. There is such a presumption with regard to a question of the validity of marriage. It is a well-recognized rule of law that doubtful Baptism is pre- sumed valid in questions concerning the validity of sub- sequent marriage, but this presumption of law must not be transferred to quite another matter such as this is. And if it l^e said that the Church has jurisdiction over those who are doubtfully baptized, this has to be proved. If in fact the person is not baptized, the Church has no jurisdiction over him: " For what have I to do to judge them that are without?" (1 Cor. v. 12). i It seems still to be probable that a full confession is only necessary by positive law, and in places where such positive law binds, as in Great Britain and in the United States of America. But as Albert was received in Rome where there is no positive law on the point, he need not be required to make a full confession after his return to England. 1 Cf. Wernz, Jus Decretalium, iv, n. 508. AN ANXIOUS PENITENT Catharina, anxictatibus vexata, suam conscientiam confessario aperit. Dioit so vclle quidem non offendisse Deum, sed non dolere de peccatis, aut saltern miilto minus de eis dolere quam de mails temporalibus. Porro affirmat se c rtam esse iterum se lapsuram in eadcm peccata, statim vel inter paucos dies post confcssionem ; ac denique nisi timor infcrni obstaret, se formidari ne Dei famulatum desereret, et vitiis indulgeret, quum nihil propter amorem Dei faeiat. Hinc putat se nullo modo esse dispositam ad absolutionem sacramentalem accipien- dam. Unde quaeritur: 1. Quid requiratur ex parte poenitentis ad validitatem sacramenti Poenitentise? 2. Quid significet apud theologos illud: Dolorem debere esse summum? 3. Quid ad casum? Solution 1. "\Miat is required for the validity of the sacrament of Penance on the part of the penitent? For the validity of Penance the penitent must make a formally integi'al confession of all the mortal sins which he has committed after Baptism and whidi have not been directly absolved, and he must have ti'ue and supernatural sorrow for them. 157 158 CASES OF CONSCIENCE 2. What tlu theologians mean when they sa}^ that sorrow for sin must be supreme? The}^ mean that the sinner must regard sin as the great- est of all e\dls, and that he must be prepared to do and to suffer anything rather than commit sin again. i 3. The case. Catherine tells her confessor that she wishes that she had not offended God, but that she has no sorrow for her sins, or at least much less sorrow for them than for temporal vv\h. Catherine probably means that she does not feel sorrow for h(>r sins, as she does for temporal evils. She should be told that the sorrow required in Penance is in the will, and she should be asked whether she proposes to avoid sin in future, with God's grace, come what may. If she says Yes, she shows she has sorrow^ for her sins. Catherine further says that she is certain that she will fall into sin again immediately, or at least within a few days after confession. She should be asked whether here and now she proposes to avoid the proximate occasions of sin and to do her best not to fall into it again. If she again says Yes, she should be encouraged to trust in God's help and be absolved. She says she does nothing out of love for God, and that she fears that she would commit sin if it were not for the fear of hell. Catherine should be told not to torment her- self by such idle suppositions; it is enough if through fear of God's punishments she observes His commandments and avoids sin. She thus fulfils the precept of love substan- tially: '' He that hath My commandments, and keepeth them, he it is that loveth Me " (John xiv. 21). Of course it will be well for Catherine to exercise herself in special acts of the love of God, in which we can always advance. 1 Manual of Moral Theology, vol. ii, p. 156. NO SORROW FOR WHAT SHE HAS DONE Anna quse recenter matrimonium cum Titi(j Protes- tantico in ecclcsia Protostantica contraxit co <|U(k1 noii potiiit ab Episcopo obtinere dispensationeni pro matri- monio mixto, venit ad confiteiidum Caio sacerdoti in Anglia missionario. Dc aliis j)eccatis Anna declarat se ex aninio dolere, do matrimonio autem clandestino se nullateniis dolere, nee posse, (juia tarn ardcntor maritum amet et de eonjugio gaudeat. Caius proponit varia motiva doloris, nenipe Deum tarn bonuni offendi matrimonio cum haereticis, graves leges ecclesiasticas spretas, scanda- lum fidelium, et tandem cum lacrimis Anna profitetur se dolere de modo quo matrimonium fuerit celebratum, de ipso matrimonio wee posse nee velle dolere, ({uinimmo in iisdem circumstantiis se idem iterum esse facturam. Caius vero cjuamvis habeat facultates ab episcopo acceptas ad matrimonium convalidandum tlubitat utrum sit Anna satis disposita ad absolutionem acc!piendam. Undo quaeritur: 1. Qualis dolor in sacramento Pcrnitentiie i'c(iuiralur? 2. Quale propositum emendationis futurse? 3. Quid a Caio faciendum? Solution 1. What s(jrt of soitow is required in the sacrament of Penance? 159 160 CASES OF CONSCIENCE The sorrow iiiiist ho true and sincere, supernatural or • ooted in faith, universal or it must embrace all the mortal sins that are to be forgiven, and it must be supreme, or the sinner must detest sin more than any other evil, and he must be prepared to do and suffer anything rather than sin again. 1 2. AMiat sort of purpose of amendment is required? The purpose of amendment must be sincere, efficacious, or the sinner must be prepared to take the means necessary to avo d sin in the future, and it must be universal, or extend to all mortal sins at least.^ 3. The case. Ann had married a Protestant in the Prot- estant Church and when she came to confession to Caius, she said she could not be sorry for what she had done; indeed she sa'd she would do the same again in the same circumstances. Caius got her to see the malice of her action, and then she said she was sorry for the way in which she had married, but could not feel sorry for the marriage. It is not necessary that she should be sorry that she has the man she loves for her reputed husband, and as far as the past is concerned, it is enough that she is sorry for the way in which she was married against the Church's laws. But she is still ill disposed for absolution, inasmuch as she says she would do the same again under the same circumstances. Caius must try to put her in better dispositions. In order to do this he may tell her that it will be better not to think of what she would do under the same circumstances, as she will never again be placed in the same circumstances. If she can be got to be really sorry for what was wrong in her action, and 1 Manual of Moral Theology, vol. ii, 156. 2 Ibid., 161. XO ^SORROW FOR WHAT 611 E 11, Ui DOM;: IGl to hop(! that God would give her grace never to yield again, and that she would do all on her side to co-operate with the grace of God, jshe might be absolved, and then the marriage could be put right. For this it will iKnv he nHluisite that the })artics should contract marriage in the ordinary way before the parish priest or his delegate and two witnesses. WAS HE PREPARED? TiTius bene instructus Catholicus actum contritionis elicere solet antequam cubitum it. Quodam sabbato ecclesiam intrat ut confiteatur, vix autem erat genuflexus ad se prseparandum cum exiit quidam e confessionali, nee villus inter turbam quse expectabat statim est in- gressus. Quum Titius bene sciat se unum grave peccatum ab ultima confessione patrasse, et hoc solum prseter aliqua venialia conscientiam mordere, occasionem nactus sine special! pra3paratione in confessionale ingressus, sua pec- cata confitetur et absolutionem accipit. Postea tamen dubitat utrum habuerit dolorem sufficientem qui debeat partem sacramenti constituere et esse elicitus in ordine ad sacramentum suscipiendum. Unde postea confessarium interrogat qui proinde qua^rit: 1. Quando dolor elici debeat ut sufficiat ad sacramentum Poenitentise? 2. Num dolor requisitus elici debeat ex intentione sacramenti suscipiendi? 3. Quid ad casum? Solution 1. When ought the act of sorrow to be elicited in order that it may suffice for the sacrament of Penance? As sin can not be forgiven unless the sinner is sorry for 162 WAS HE PREPARED? 163 it, the act of sorrow must be elicited before absolution is given, or at least it must exist when absolution is given. ^ 2. Ought the act of sorrow to proceed from the inten- tion of receiving the sacrament? Some theologians hold that it should do so, just as the washing with water in Baptism should be ordained to the confection of the sacrament of Baptism. However, it seems safe to say with othei"s that the subsequent referring of the act of sorrow to the confection of the sacra- ment which necessarily takes place when the penitent confesses his sins with sorrow in order to receive absolution is sufficient. Or, that the intention of confessing the sin which is present in the mind with the act of sorrow, is sufficient to refer the latter to the confection of the sacrament.- 3. The case. As is plain from the answer given above, there is no ground why Titius should be disturbed about the sufficiency of his sorrow. It is indeed advisable to make special and immed ate preparation for confession, ,and Titius should not repeat the action which gave rise to his scruples. Still there was nothing essentially defective in his confession. It was formally integral, and the acts of contrition which lie made every night before going to bed made hnn habitually contrite, and they were made sufficiently sensible and referred to the sacrament b}^ his confession. For, of course, he had always intended to confess his sins when he made his acts of contrition. 1 Manual of Moral Theology, vol. ii, 157. 2 Ibid., 157. PROBABLE OPINIONS IN PENANCE Caius, qui studio theologiae moralis operam navat, difficultatibus premitur quoad dclectum opinionum in materia sacramenti PcEiiitentia?. Probabilismi enim ar- dens sectator in aliis materiis, colligit ex omnium doctorum consensu non licere uti opinione probabili relicta tutiori quando agatur de valore sacramenti. Attamen auctores probati passim in materia de poenitentia supponere viden- tur licere in hoc sacramento uti opinione probabili. Nam afferunt sententias probabiles — attritionem supematuralem ex metu pcenarum temporalium sufficere, circumstantias aggravantes non esse necessariam confessionis materiam, nee peccata dubia, et alias hujusmodi juxta quas poeni- tentem agere posse concedere videntur: in quibus tamen evidenter de valore sacramenti agitur. Ad quas difficultates solvendas quserit: 1. Quare non liceat uti opinione probabili quando agatur de valore sacramenti? 2. Quando de facto agatur de valore sacramenti poeni- tentiae? 3. Quid de difficultatibus Caii? Solution 1. ^^Tiy is it not lawful to use a probable opinion when there is question of the validity of a sacrament? 164 PROBABLE OPINIONS IN PENANCE 165 When there is only a probability that a sacrament will be valid it is also probable that it will be invalid, and so it remains douljtful whether the sacrament will be validly administered. To jierform a sacred rite instituted by Christ except in case of necessity whh a probabihty that it has not all the requisites for validity is grossly wanting in reverence to Jesus Christ, who instituted it, and it is contrary to justice and charity for a minister of the sacra- ments to expose the faithful to the danger of not receiving a valid sacrament to which they have a right. ^ 2. When in fact is there question of the validity of Penance? There will be cjucstiun of the validity of Penance when it is not certain that all lliu essential elements of the sacrament are present in the particular case. The essential elements of Penance are contrition, and formally integral confession on the part of the penitent, and on the other part, absolution given by a priest who has faculties. Sometimes when the priest has only probable jurisdiction the Church can supply and does so. Otherwise in this and in the other essential elements it will be unlawful to use only probable oj)inions about the validity of the sacrament except in case of necessity, when for the sake of the recipient's salvation it is better to administer a sacrament that is only probably valid, rather than not administer it at all. 3. What about the difficulties of Caius? Although there have been controversies as to whether attrition for sin on account of the punishments w'hich God inflicts on the sinner in this life is sufficient as a disposi- tion for absolution, these controversies are now practically * Manual of Moral Theology, vol. ii, 31. 166 CASES OF CONSCIENCE settled, and the opinion that it is sufficient is no longer merely probable, but morally certain. Aggravating cir- cumstances affect only the material integrity of confession, and in this and in similar questions we may use probable opinions, as there is no question of the validity of the sacrament. In the same way if there is other certain matter of the sacrament, doubtful sins only affect the material integrity of the confession. CONFESSIONS ON BOARD SHIP Trrrus rcgularis sacerdos missionarius in quadam An- glia:! dicecesi a suiimonhus fiiiii scholastico et fratrc coadjutorc in Africniu nicridionaleni ad vincam Domini ibi colcndam fuit mi.ssus. Diim disce«!sum na\is in (luadani domo Ordinis expcctabat quaestio orta est de Titii facultatihiis ad audicndas confessiones durante itinere. (^uidam Patres putaloant eum jam habere omnia requisita ad confessiones tum sociorum tum cxtemorum in navi aiidiendas, ali' putabant eum requirere specialem delega- tioneni P. Provincialis et banc sufficere, alii dcnique dicebant eum debere petere facultates ])ro cxternis ab Episcopo portus unde navis solvat. Unde qua}rit: 1. (^uid rc(iuiratur et sufficiat ut Titius possit diu'ante itinere confessiones sociorum audi re? 2. Num dicti socii eidem confiteri teneantur, et num posset Titius eis permittere ut altei'i sacerdoti cuilibet confiterentur? 3. C^uid ad casum? SOLI'TIO.V 1. "What is requisite and sufficient to enable Titius to hear the confessions of his companions during the journc}'? Regulai-s on a journey must confess to socio idoneo si liabcnl. It is commonly held that a priest is idoneus who 167 168 CASES OF CONSCIENCE is neither under censure nor irregularity, even though he has no special approbation.' 2. Are the said companions bound to confess to Titius, and could Titius grant them leave to confess to any other priest? If Titius were not superior there would be no difficulty; his companions would be bound to confess to him as he is the only priest in the party. But by a decree of Clement Vm, May 26, 1593: " Non hcet Superioribus Regularibus confessiones subditorum audire nisi cjuando peccatum aliquod reservatum admiserint, aut ipsimet subditi sponte ac proprio motu id ab eis petierint." Hence some author- ities think that if Titius is Superior of the party, his com- panions are under no obligation to confess to h m, and that they may confess even without special leave of Titius to any suitable priest. If Titius is Superior with the faculties of other local superiors, he can grant leave to his subjects to confess to any suitable priest.^ 3. The case. Titius has all that is requisite and suffi- cient for hearing the confessions of his companions if he is idoneus, as we presume him to be. In order to be able to hear the confessions of externs on board ship he must have faculties either from the bishop of the diocese where he was last stationed, or from the bi hop of the port of embarkation, or ftom the bishop of any other place at which the sliip touches. We presume that he had faculties in the diocese where he was stationed, so that he has all that is requisite for hearing the confessions of anybody who comes to him on board. ^ 1 St. Alphonsus, lib. vi, 575. 2 De Arcos, Ap])endix Theol. Moral, n. 53. •'' Manual of Moral Theology, vol. ii, 187. 8 A PRIVILEGE OF REGULARS TiTius confessarius alumnonim in collcgio quodam Rcgularium inter vacationes visitat domum in alia dioecesi qiiam occupant alumni aliqui ex quibus unus petit a Titio ut confessionem audiat. Annuit Titius postea tamen de validitate abso utionis a se datse dubitat. Ipsi cup'enti confitcri dicit Caius sacerdos ejusdem ordinis qui cum scholastico (luodam curam gerit alumiiorum, licere ire ad sacerdotem secula em qui ibi curam animarum habet. Unde quseritur: 1. Quid requiratur in ministro pccnitentiae ut licite et valide sacramentum administret? 2. Quibus debeant vel possint confiteri Regulares tum intra d mum propriam, tum in domo ejusdem Ordinis non propria tum in itinere? 3. Quid ad casum? Solution 1. What is required in the minister of Penance in order that he may lawfully and validly administer the sacrament? The minister of Penance in order to administer the sacrament validly must be a validlx- ordained priest, he must have jurisdiction, and also approbation, if the pen- itent be a secular. To act lawfully, he must be in the state of grace, free from censure, and he must observe all the 169 170 CASES OF CONSCIENCE regulations made b}' the Church for the proper admin- istration of Penance.^ 2. To whom may or ouglit Regulars confess in their own monastery, in another monastery of the same Order, and on a journey when out of their own monasteries? Regulars ought to confess to the confessors appointed fcr them by their Superior while in their own monastery; in another house of the same Order they may confess to the confessors appointed by the Superior of that house, who can absolve them even from reserved cases cum onere se sistendi proprio superiori vel ab eo delegato ; while on a journey they must confess to a fit companion if they have one, otherwise they may confess to any fit priest, whether secular or regular .2 3. The case. Titius is one of the confessors of the boys wliile they are in the college, and he retains his faculties while the boys remain under the Order's jurisdiction, so that there was no reason why he should doubt about the validity of the absolution given by him, even though he had no approbation from the bishop of the diocese where the confession was heard. ^ In the supposition, w^hich seems to be excluded by the terms of the case, that Caius was a confessor of the mon- astery to which Titius l)elonged, and was not Superior, Titius would then be bound to confess to him. Otherwise Titius was not bound to go to confession to Caius, though he might do so if he chose. He was justified in confessing to any priest who was fit, whether secular or regular. 1 Manual of Moral Theology, vol. ii, 178, 27 ff. 2 Ibid., p. 189. » Ibid., p. 188. 9 A REGULAR'S APPROBATION Caius sacerdos regularis post examcn ab Episcopo requisi- tum feliciter datum facultates ordinarias ab eo ad proximam synodum accepit. Superior domus qui solus ad synodurn accessit pagellas aliorum patrum secum asportabat reno- vandas, Caii vero absentis non potuit invenire facultates, quae proinde non fuerunt ab Episcopo renovatse. Proximo sabbato domum revertit Caius nee tempus suppetcbat ad facultates ab Episcopo petendas, unde dubium oriebatm- utrum confessiones audire posset necne. Post aliquam dubii discussionem superior permisit ut Caius confessiones fidelium audiret, postea vero scrupulis angebatur de vali- ditate absolutionum quae a Caio datse fuerunt. Unde quaeritui- : 1. Quinam sit minister sacramenti Poenitentiae? 2. A quonam accipiant regulares jurisdictionem ad confessiones fidelium audiendas? 3. Num absolutio data a sacerdote qui habitualiter jurisdictione careat nihilominus aliquando valere possit? 4. Quid ad casum? Solution The first question is answered above, p. 169. 2. From whom do Regulars receive jurisdiction to hear the confessions of the faithful? 171 172 CASES OF CONSCIENCE It is possible for Regulars to receive jurisdiction both from their own superiors and from the bishop of the place. As to whether they actually receive it from one or the other, or from both, depends on the intention of the bishop and of the superior in question. In any case the approbation of the bishop is required to hear the confes- sions of seculars. 1 3. Can the absolution given by a priest who is without habitual jurisdiction nevertheless sometimes be valid? Yes, the absolution is valid if the Church supplies juris- diction for the act, as she sometimes does. Thus any priest may validly absolve those who are in danger of death, or when it is probable that he has jurisdiction, or when the faithful go to confession to a priest under the general belief that he has faculties and when also he has a colorable title, and probably even when there is only the general belief without any colorable title.^ 4. The case. Caius, a Regular priest, was examined by the bishop and granted by him faculties till the next synod. His faculties were not renewed at the next synod and the question arose whether he could go on hearing the confessions of the faithful. His Regular superior allowed him to do so, and thereby gave him jurisdiction which Regulars receive from the Pope through their Supe- riors. There was, however, a difficulty about Caius' approbation. He had been examined by the bishop, had passed with success, and had a right to receive general and perpetual approbation. However, the bishop only gave him approbation till the next synod. So that, whatever the merits of Caius were, in fact he had no 1 Manual of Moral Theology, vol. ii, 189. 2 Ibid., 184. A REGULAR'S APPROBATION 173 approbation after the next synod was over. He should not then have heard confessions, unless indeed it was known to be the intention of the bishop that in such cases where a priest's faculties had not been renewed through inadvertence or by accident, they should not cease at the time api)ointed, but should continue. However, as the faitliful knew nothing about this, those that came to him were probably absolved on account of the common mistake, the Church probably supplying faculties. ^ ^ Manual of Moral Theology, vol. ii, 185- 10 CONFESSOR OF NUNS Caius missionarius Rector in quodam oppido Julium habiiit in curam animarum coadjutorem. Julius cjuideni specialiter ab Episcopo approbatus ad audiendas confes- siones Sororium a Misericordia nuncupatarum quae domum in oppido habuerunt, quadam hebdomada abfuit, die autem consueto quo Julius earum confessiones audire solebat, Caius quamvis non specialiter ab Episcopo appro- batus recenti discussione in quadam ephemeride eccle- siastica permotus, ad conventum perrexit et confessiones monialium audivit. Quod quum Julius reversus cogno- visset monialium confessiones Caio factas esse repetendas utpote invalidas sustinuit. Unde quseritur: 1. Qusenam requirantur in ministro sacramenti Poenitentise? 2. Quid specialiter requiratur ad audiendas confessiones monialium? 3. Quomodo differat jurisdictio ordinaria et delegata? 4. Quid ad casum: Solution The first question was answered above, p. 169. 2. ^\^lat is specially required in order to hear the con- fessions of nuns? If a nun is lawfully outside her convent and makes her 174 CONFESSOR OF NUNS 11 Ti confession in a public Churcli, any confessor wilh (jrdinary diocesan faculties may Iiear her confession. If the con- fession is made in the convent, no priest can hear her confession unless he he specially approved by the bishop of the place for hearing nuns' confessions in that particular convent. This has long been the discipime of the Church with respect to nuns with solemn vows. Provincial Councils (I West. d. XXMII) and practice applied the same rule to nuns with simple vows. Diocesan faculties in England generally contain some such clause as the following: " Confessiones excipiendi Fidelium utri usque sexus, non tamen Monialium aut Novitiarum nisi extra claustra legitime versentur, ne(iuo in monasteriis aut conservatoriis confessiones puellaruni aut niulierum ibidem habitantium." Finally Leo •Xlll decreed in his Con- stitution Conditce, Dec. 8, 1900: " Quod si sodalitates muliebres sint, designabit item Episcopus sacerdotes a confessionibus turn ordinarios tum extra ordinem, ad normam Constitutionis Pastoralis Cune a Benedicto XIV decessore nostro editae, ac decreti Quemadmodum dati a sacro Concilio Episcopis et Religiosorum ordinibus prseposito, die XVII Dec. 1890, quod quidem decretum ad virorum etiam consociationes ]XM'tinet qui sacris minime initiantur." 3. How do ordinary and delegated jurisdiction differ? " Ordinary jurisdiction is the authority which is exer- cised in virtue of an office which one holds and in one's o\\Ti name; delegated jurischction is granted by one who has ordinary jurisdiction and is exercised in that person's name." ' 4. The case. Caius, a missionary Rector, had a coadju- ' Manual of Moral Tlieology, vol. ii, 183. 176 CASES OF CONSCIENCE tor, Julius, who was specially approved by the bishop for hearing the confessions of the Sisters of Mercy who had a convent in the parish. While Julius was absent, Caius went and heard the confessions of the nuns, though he had no special approbation from the bishop. Some authorities hold that a parish piiest, inasmuch as he has ordinary jurisdiction over all his flock, from which nuns with simple vows are not exempt, may hear the confessions of such nuns in their convent without special approbation from the bishop. Whatever may be said on this point, the doctrine can not be applied to Caius, who is not a parish priest, and who has only delegated jurisdiction. That jurisdiction was limited by the bishop and did not extend to nuns in their convent. However, as there was communis error, the absolution would probably be valid, as the Church w^ould probably supply all that was wanted. ^ ' Manual of Moral Theology, vol. ii, 185. 11 FULL AND SPECIFIC CONFESSION TiTius confessarius advcrtit ali(|UOs poBnitentes non satis distinguerc divcrsas species peccatoruni fjuum con- fiteantur fornicationem (juando adultcrium diccrc deberent. Unde quum audit confessiones adultorum, fornicationem confitentes interrogare consuevit iitrum in niatrimonio sint juncti; incertus tamen hacrct debeatne interrogare necnc utrum isint sponsi; nam hi si cum alia ac sponsa peccent fidcm violant sponsalitiam quse ex justitiaobligat. Pariter incertus est Titius utrum debeat interrogare confitentes incestum de gradu consanguinitatis vel affini- tatis. Ad lumen aliquod Titio praebendum quaeritur: 1. Undenam desumatur distinctio specifica peccatoruni? 2. Qusenam circumstantise necessario sint exprimendae in confessione? 3. Quid ad casum? Solution 1. AMicncc is the specific distinction of sins derived? Sins are specifically distinct when their formal objects are specifically diffcrcMil, or when they are opposed to specifically distinct virtues, or wlicn they are transgressions of formally distinct laws.^ 2. What circumstances must necessarily be mentioned in confession? 1 Manual of Moral Theology, vol. ii, 141 f. 177 178 CASES OF CONSCIENCE Those circiinistances which change the moral or theological species of the sin must be mentioned in confession. There is a controversy among divines as to whether circumstances which notably increase or diminish the malice of a sin, but which do not change its nature, should be mentioned in confession. The negative opinion is probable and safe.i 3. The case. If Titius has learned by experience that in a certain place penitents do not sufficiently distinguish between adultery and fornication, he does well in general to ask those who confess fornication whether they are married. He will not be obliged to put this question in every case of such a sin being confessed; without doubt the confessions of some penitents will be so minute and descend to particulars in such a way that he will be able to rely on the theological accuracy of the terms which they use. There is no necessity for Titius to ask those penitents who confess fornication and deny that they are married whether they are betrothed. Some theologians, it is true, teach that the circumstance of betrothal changes the species of a sin of fornication committed with another woman, but others deny it, on the ground that betrothal is only a promise to give marital rights; it does not actually give them. Titius should not ask questions about the degree or kind of relationship when incest is confessed, for it is probable that incest committed with any relation is of the same species, unless it is committed with a relation of the first degree of consanguinity in the direct line, and as this sin is very rare and asking about it might give scandal to the penitent, the confessor should not ask about it, unless in a particular case he has good reason to suspect that in fact such a sin was committed. 1 Manual of Moral Theology, vol. ii, 1G5. 12 ABSOLUTION OF THE DYING Caius sacerdos vocatur ad parochianum qui morbo typhoido, iit vocatur, laborat. Invenit cum pcriculose dccumbentem, somno profundissimo, coma ut dicitur, sopitum, et sensibus destitutum. Negant adstantes eum petiisse sacerdotem antequam ad hunc statum devcnit, attamen Caius ei sub conditione absolute cetera sacramenta administrat. Unde quaeritur: 1. Qusenam sit materia sacramenti Pa?nitentise? 2. Num absolutio dari possit si nullum sigiium doloris vel confessionis habeatm*? 3. Quid ad casum? Solution The first question is answered above, p. 151. 2. May absolution be given if the penitent gives no sign of sorrow or contrition? Absolution may not be given under these circumstances except when the penitent is in danger of death and can not make any sign of sorrow or of a wish to confess. Even when such a penitent is in danger of death, many dis- tinguished theologians held that absolution could not be given, because there is no matter for the sacrament. St. Alphonsus, however, held that absolution may be given in 179 180 CASES OF CONSCIENCE such a case, according to the more common opnion as he asserted.^ To the difficulty about the matter of the sacrament, St. Alphonsus answers that perhaps the anxious breathing, sighs, and other movements of the dying person are attempts made by him to express sorrow for his sins and a desire to confess, and that the probabihty that this is so is sufficient to justify the giving of conditional absolution in such a case of necessity.^ 3. The case. Caius acted rightly in giving the dying per- son conditional absolution and the last sacraments, even though he could make no certain signs of sorrow or of a desire to confess. This has become the common practice in such cases since the time of St. Alphonsus, and it may be explained by the reasons which the saint gives or perhaps in other ways. Ballerini, for example (Opus Morale, V, 404), suggests another way of explaining the modern practice. According to him it is probable that the sacra- ment of Penance consists in the absolution of the priest alone. Contrition is required as a disposition, but that may be presumed in the dying. Confession is also of divine law, according to the Council of Trent, but even a divine law does not bind when it is impossible to fulfil it. Necessity has no law. Without deciding whether this theory is probable or not, we may allow it some weight. 1 Thool. Moral, lib. vi, 482. 2 Manual of Moral Theology, vol. ii, 176. 13 A PAIR OF PEXITENTS Caius sacerdos missionarius suinnio mane vocatur ad domiim qnamdam ubi plures familitc habitant ad sacra- menta ajgrotis adniinistranda. Ducitur ad quoddam cubiciilum hand aniplum at unicum quod habent ubi invenit duos scnes, niaritum ct uxorem, in eodcm Icctulo laborantes influenza ct, ut \'idetur, in periculo mortis. Statuit primo audirc corum confessiones, at quomodo id fieri possit salvo sigillo ignorat. Postquam dc re deliberavit ad latus quo jacebat maritus accedit, rogat num velit confiteri, et quum annuat, num doleat de omnibus vitse suae peccatis, ac pariter annuentem absolvit, injuncto onere integre confitendi si postea convalescat. Ad alteram partem lectuli accedens idem fere iisdem verbis fecit uxori; ac tandem ceteris sacramentis administratis, cum benedictione infirmos reliquit. Unde quseritur: 1. Num et quo jure Integra confessio requiratur in Sacramento Poenitentise? 2. Num et quando (juis ab Integra confessione excusari possit? 3. Quid de modo agendi Caii? Solution 1. Is a full confession required in Penance and by what law? 181 182 CASES OF CONSCIENCE A full confession of all mortal sins that have not been directly absolved before is required in the sacrament of Penance by divine law, as the Council of Trent defined. ^ 2. Can one be excused from a full confession and when? Yes, physical and moral impossibility excuse a penitent from making a full confession. By moral impossibility is meant that a full confession could not be made with- out grave inconvenience, extrinsic to confession, affecting the penitent, the confessor, or some third person. ^ 3. The case. The danger of a violation of the seal of confession, or the danger lest some one other than the con- fessor should hear the confession of the penitent, is con- sidered by divines to be a sufficient inconvenience to excuse a penitent from making a full confession. There was, as is clear, this danger in the case proposed, and so Caius was justified in absolving the old couple without requiring a full and specific confession from them. If Caius thought that the suggestion of some venial fault, such as impatience, which they would find no difficulty in acknowledging in the hearing of the other party, would serve to make their contrition more definite and' certain, there would, w^e think, be no objection to his mentioning such a sin, and asking them if they had been guilty of it, and were now sorry for it, and for all the other sins which they had committed. 1 Sess. xiv, can. 7; Manual of Moral Theology, vol. ii, 164. 2 Manual of Moral Theologjs vol. ii, 168. 14 ABSOLUTIOX BY TELEPHONE TiTius sacerdos Catholicus ma<2;iio cum scandalo fidclium spretis oljligationibiis (lun)us li<;abatur matrimonium cum muliercula quadam attentabat quacum postea tamquam negotiator seculariter vivebat per plures annos. Tandem alicjuando in pcriculo mortis cum esse constitutum audiebat Caius sacerdos et quondam amicus, cjui statim ad domum ibat a^groti ct cum animo Titium juvandi petiit ut admitteretur. Ingressum aspere negabat mulier- cula affii'mans medicum severissime ingressum omnibus prohibuisse. Zelo aninue salvanda) accensus Caius omnia media excogitabat quibus posset cum Titio communicare. Audiebat eum habere telephonium in privato cubiculo quo cum officio in civitate communicabat Ad officium convolabat Caius et licentia sub ([uodam prietextu obtenta utendi telephonio, locjuebatur cum Titio, eum disponebat ad poenitentiam fer\idis suis hortationibus et confessum ope telei)honii absolvit. Postea vero dubitaiis dc absolu- tione data theologum consulit. Unde (luaTitur : 1. Quid requiratur ad licite et valide poenitentes ab- solvendos? 2. Num confessio facta ab absente vel absoluiio data ab absente valeat? 3. Quid ad casum? 183 184 CASES OF CONSCIENCE Solution 1. What is required for validly and lawfully absolving penitents? Besides what is requisite on the part of (lu> minister of Penance and of the penitent, there are certain con- ditions required for valid and lawful giving of absolution. For validity the form of words, " I absolve thee from thy sins," or at least, " I absolve thee," is necessary; and at the time of absolution the confessor and penitent must be morally present to each other. The latter condition is interpreted to mean that the penitent must not be fur- ther removed from the confessor when absolution is given than the ordinary tone of voice will carry. For the lawful administration of Penance the rubrics of the Ritual must be observed, and in particular the form of absolution given there must be used, and tlie priest should have on surplice and stole. ^ 2. Is confession or absolution valid when made or given by one who is absent? No. This conclusion follows from the absolute pro- h'bition under all circumstances by Clement VIII, 20 June, 1602, of confession made by letter to an absent priest or of absolution given by a priest to an absent penitent.- 3. The case. Most of the theologians who have treated the question consider that absolution given by telephone is invalid. The speakers are not morally jorcsent to each other; the instrument is a means of speaking with the 1 Manual of Moral Theology, vol. ii, 175. 2 Ibid., 164. ABSOLUriON li) TELEPHONE 185 absent and distant. But, as we have seen, moral presence of confessor and penitent is necessary for the vahdity of Penance. On the ground that by using the telephone the voice of the confessor reaches the penitent, some theologians hold ihat absolution given by telephone is valid. Others would allow a confessor to use the instrument in a case of extreme necessity. There was extreme necessity in the case proposed, so that Caius is not to be blamed for what he did. On being asked whether it is lawful to give absolution by telephone in a case of extreme necessity, the Sacred Penitentiary answered, 1 Jul\- 1S84; '' Nihil est respondendum." 15 AN UNFORTUNATE MOTHER Petrus sacerdos missionarius ad mulierem suae curse commissam vocabatur quae moribunda dicebatur. Obviam fiebat medico amico et catholico qui ad eamdem erat vocatus a quo Petrus audiebat mulierem, cujus maritus ab anno cum exercitu in Africa meridionali esset, factam ex delicto preegnantem, abortum in se non sine gra\a vitse periculo procurasse. Ad moribundam accedens Petrus eam monuit de statu periculoso et ut se ad mortem prsepararet persuasit. Quum vero nihil de adulterio nee de abortu in confessione clixisset, quamvis intra annum elapsum se non esse confessam ultro admiserit, Petrus interrogabat utrum aliud quid c^uod conscientiam morderet haberet, cui ipsa, " Non, nihil aliud," respondit. Petrus vero nesciebat quid in casu esset faciendum prseser- tim quum homicidium esset in dioecesi intra casus ab Episcopo reservatos. Unde quseritur: 1. Quffinam poena contra abortum procurantes statua- tur, et num mater aljortum sil)i jjrocurans illam incurrat? 2. Reservato homicidio ab Episcopo num abortus comprehend! censeatur? 3. Quid a confessario faciendum sit quando pcjcnitens in confessione peccatum a se commissum neget? 4. Quid ad casum? 186 AN UNFORTUNATE MOTHER 187 Solution 1. What spiritual penalty is annexed to the crime of procuring abortion, and does a mother who commits the crime incur the penalty? By the Constitution Apostolicce Sedis of Pius IX, tliose who procure abortion are excommunicated. The absolu- tion of the censure is reserved to the bishops. St. Alphonsus (ITT, 395) teaches that a probable opinion excuses mothers from the penalty of excommunication inflicted l)y Sixtus V on those who procure abortion. According to many recent theologians this opinion remains probable with respect to the Constitution Apostolicoe Sedis of Pius IX, since the object of Pius IX was to limit the number of censures, not to increase it.^ 2. When homicide is reserved by a bishop, is abortion comprehended in the term? Not usually ; in many of the pagelloB of the bishops who reserve homicide, abortion is specially excepted, and even if it is not expressly excepted it may be understood as tacitly excepted, because it is a crime with its own special penalties inflicted by the Holy See. 3. What should a confessor do when a penitent denies that he has committed a sin which nevertheless the con- fessor thinks that he has conmiitted? The confessor should ask him whellier there is not some- thing more, and exliort him to make a full and sincere confession without fear. If the penitent still denies that there is anything more, the confessor should ordinarily absolve him. For ordinarily the confessor may and should 1 Lehmkuhl, II, 1247, eleventh edition. 188 CASES OF CONSCIENCE believe the penitent both against and for himself. If it is evident to the confessor that the penitent is lying and making a bad confession, he should of course not absolve him, but occasions when he can be sure of this will be rare.i 4. The case. After exhorting the woman to make a full confession mthout fear, and asking her again whether there is anything else on her conscience, as for example, against the sixth commandment, if she persists in her denial, Peter should absolve her. It might possibly be that she had not committed either formal adultery or abor- tion, or even if she had committed those crimes there might be some reason subjectively sufficient to excuse her from confessing them to Peter. As she is in danger of death, and all reservation ceases in such a case, even if abortion were comprehended under homicide and reserved, Peter could absolve her without recurring to the bishop. 1 Bucceroni, Theol. Moral., vol. ii, 824. 16 DOUBTFUL JURISDICTION TiTius sacerdos cUoecesis Liverpolitanac viam ferream ingressus apud Liverpool Londinum perrecturus in curru solus erat quum Paiilus intrarct et itinere inca'pto collo- quium cum Titio institueret. De aliis rebus sermone facto tandem dc i-eligione collotjuebantur. Titius inveiiit Paulum esse Catholicum nee tamen a multis annis ob dissensionem cum parocho esse eonfessum, paratum vero esse hie et nunc confiteri si Titius eum audire velit. Titius dubitabat utrum adhuc cssent iiiti'a fines dicecesis Liver- politana?, sed quum Paulus sistere vellet apud Crewe, putans non esse immorandum statim confessionem audiit Paulumcjue absolvit. Postea de re cogitanti plura dubia ei oceurrunt qua3 solvenda proponit. Unde qua:'ritur: 1. (^uis sit minister sacramenti Poenitentia;? 2. Num liceat dubia tantum jurisdictione praedito absolvere jxjenitentem? 3. Num du))ie absolutus iterum confiteri teneatur? 4. Quid de modo agendi Titii? Solution The first question is answered above, p. 169. 2. May a priest who has only doubtful jurisdiction absolve a penitent? He may not, except in case of necessity, for the sacrament would be exposed to the danger of nullity, and the penitent to harm. In case of necessity he may. Theologians admit 189 190 CASES OF CONSCIENCE as just reasons for giving absolution r,-ith doubtful jurisdic- tion the necessity of making one's Easter communion, or if the penitent has not confessed for a long time. 3. Is one who is doubtfully absolved bound to confess again? Most theologians answer Yes, for the reason that he is bound to make certain that his sins have been submitted to the keys. This doctrine hardly agrees with the prin- ciples of probabilism, for unless there was some chance that the absolution would be valid there was no use giving it, and after the event Standum est pro valore actus. St. Alphonsus (VI, 432) seems to restrict the obligation of confessing again to the case in which the penitent after- wards finds out for certain that the priest had no jurisdic- tion when he granted absolution. 4. What about Titius' action? Titius had faculties only for the diocese of Liverpool, but when he gave absolution he was not certain whether he was in the diocese of Liver- pool, or in that of Shrewsbury which borders on it. With this doubt in his mind he gave absolution. In this he acted rightly. For it was not certain that the jurisdiction with which he had started on his journey had ceased, and he could presume that he still had it. As Paul had prob- ably submitted his sins to a duly qualified priest and had received absolution for them, he was not strictly bound to confess them again, but Titius should have told him about the doubt concerning his faculties, so that Paul might confess again if he wished to make his absolution certain, or in case he became dangerously ill before going again to confession. ^ 1 Manual of Moral Theology, vol. ii, 185 f. 17 A LIE IX CONFESSION Inter confitendum sacerdoti Julio Anna dicit se esse anxiam de ultima sua eonfessione eo quod in ea sit mentita. Julius earn interrogat quomodo id accident. Rcspondit Anna confessarium interrogasse utruni al) ultima eonfes- sione diebus abstinentise carnes comedisset quod se negasse, quum fuorit conscia se semel ob debilitatem propter quam putaret id sibi licere carnes feria sexta man- ducasse; nunc vero ut tranquilla gaudeat conscientia omnia velle Julio sincere confiteri. Julius vero ponderat utrum debeat Anna ultimam confessionem integre rcpetere necne. Unde quaeritur: 1. Qua^nam sit materia necessaria et qua^nam libera sacrament i Paniitentiae? 2. Num circumstantiae aggravantes vel minuentes sint materia necessaria hujus sacramenti? 3. Num obligatio adsit confessario interroganti sincere respondendi? 4. Quid ad casum? Solution The first question is answered above, p. 151. 2. Are circumstances which increase or lessen the malice of sin the necessary matter of Penance? The question is disputed, but probably circumstances wliich only increase or lessen the malice of sin and do not 191 192 CASES OF CONSCIENCE change its moral or theological species, are not necessary matter for Penance.^ 3. Is the penitent obliged to give a sincere answer to questions put to him in confession? Yes, whenever the confessor questions him about what is necessary to make his confession full and integral, or about what is necessary in order to judge of his dispositions or obligations, so as to be able to counsel and direct him aright.2 4. The case. Ann when asked in confession whether she had eaten flesh meat on days of abstinence denied that she had, although she was conscious that she had taken meat once on a day of abstinence whe^i she thought that she was justified in taking it on account of feeling weak. In her next confession Ann told this to her confessor and said she was anxious about it. Objectively, of course, Ann committed no fault, for she answered her confessor according to the sense of his question. The confessor wanted to know whether she had broken the law of abstinence, and in answering No, Ann told the truth. Therefore unless Ann thought at the time when she gave the answer to her confessor that she was committing a grave sin, she should now be told not to trouble fm'ther about it. Her subjectively erroneous conscience might, of course, have caused her to commit grave sin subjectively, and then it would be necessary to confess this, and repeat the former confession. ' Manual of Moral Theology, vol. ii, 165 f. * Bucceroni, vol. ii, 716. 18 A DYLNXJ NUN Catharina moiiialis ([ux ad Congregationcm votorum simpliciuni pertinchat confiteri iiollcbat confessario ordi- nario (jui singulis hchdomadis ad convcntum muneris cxcrceiidi causa veiiiebat, cum majori enim fructu ut sibi videbatur (juandocunque confessione indigebat Titio saccrdoti ([ui ccclcsiic propinqucc inserviebat confitebatur. Occasioncm confitendi in ecclesia Titii facile invcnicbat (juando a schola elementari ubi puellas quotidie docebat atl conventum revertebatur. Graviter autem aegrota Catharina rogabat superiorissani ut ad confessionem audiondam Titium advocaret. Unde quseritur: 1. Quid statuat jus ecclesiastic um de confessionibus monial um? 2. De quibusnam monialibus agant dictse leges? 3. (^uid de actis vel agendis a Catharina, Titio, et superiorissa in casu? Solution 1. What does ecclesiastical law lay down abcnit (he con- fessions of nuns? There should be only one ordinar}' confessor for each convent, but an extraordinary confessor should be offered the nuns two or three times a year, and indeed as often as a nun is conscientiously and reasonably driven to ask for one. 193 194 CASES OF CONSCIENCE 2. Of what nuns do these laws treat? Although these laws more specially relate to nuns under solemn vows, yet by custom, pro\dncial legislation, by special restrictions placed in the pagella of faculties, and according to the express instructions of the Holy See, the same laws now bind nuns with simple vows. When lawfully outside the convent nuns may confess to any approved confessor. See above, p. 174. 3. What about the actions of Catherine, Titius, and the Superioress? First \Aith regard to Catherine's conduct. The absolu- tions Avhich she received from Titius were valid, and if she had gone to confession to him only once in a way, she could not have been blamed, for nuns when lawfully outside their convent may confess to any approved con- fessor. But Catherine made it a regular practice to avoid the ordinary confessor of the convent, and to choose lier own confessor outside. This is contrary to the spirit of the laws made by the Church for good reasons with regard to the confessors of nuns, and she should not have done it. With regard to Titius. He was justified in hearing the confession of Catherine and absolving her, but if and when he noticed that she came to him regularly, he should have admonished her to act more in the spirit of the laws of the Church. The Superioress should have intervened if she knew what Catherine was doing. As Catherine is now dan- gerously ill the Superioress should humor her and send for Titius, who will have faculties to hear Catherine's confes- sion in the convent as she is in danger of death. 19 A JilSHOP'S RESERVED CASE Caius, sacerdos rcgularis, duin ini.s.sionein tradit in qiiodani oppido, a civitate Episcopal! longe distanti, audit confessioncm Titii oiKTarii (jui ibidem degit. Inter confitcndum Titius dicit se reccntcr junctiim fuisse matri- monio cum Bertha protestantica coram registrario civili, ad tale facinus adactum propter difficultatem a i)arocho obtiiiendi dispensationem a matrimouio niixto. Caius recordatur casum esse ex iis quos Episcopus sibi reservat, quomodo autem sit procedendum nescit. Titius enim \idetur perpetuo impeditus quominus Episcopum adeat, ad scribendum vero etiamsi scribere possit nulla lege teneri videtur; quod etiam de ipso Caio dici posse videtur; ex altera parte Titius scandalum dcdit ({uod est reparan- dum. Unde quseritur: 1. Quid lex ecclesiastica statuat dc habente casum papa- lem et impedito quin Romam adeat? 2. Quid de habente casum episcopalem et impedito quin Episcopum adeat? 3. Quid a Caio faciendum? et quid si Titius ignoret casum esse reservatum ab Episcopo? Solution 1. "VATiat does the law of the Church prescribe with regard to a penitent who has a papal case and is prevented from going to Rome? 195 196 CASES OF CONSCIENCE U there is no need for immediate absolution the case must be submitted by letter to the Grand Penitentiary at Rome either by the penitent himself, or by his con- fessor, in order that special faculties for granting absolu- tion may be obtained. If the penitent is under the necessity of obtaining absolution at once, he may be absolved directly by any confessor, but within a month the case must be submitted to Rome by the penitent or by his confessor under pain of falling again into the same case.i 2. What must be done with a penitent who has incm-red a bishop's case and is prevented from going to the bishop? The regulation given above for the treatment of papal cases is gradually being applied to bishops' cases also. Otherwise a priest without special faculties may give absolution from a bishop's case when the penitent can not go to the bishop. The absolution will be indirect if the penitent can present himself to the bishop within six months, dir-ect if he can not.^ 3. The case. If Titius was married before April 19, 1908, the marriage would be vahd in England and in most parts of the United States, and Caius might absolve him to enable him to go to Holy Communion. If the bishop of the diocese requires that reserved cases should be submitted to him by letter, this should be done, either by the penitent or by the confessor. If Titius was ignorant that his case was reserved to the bishop, his ignorance probably excuses him from incurring the reservation, unless the bishop has expressly declared the contrary. If Titius were induced to give the promises usually made 1 Manual of Moral Theology, vol. ii, 204. 2 Ibid., 207 f. A BISHOP'S RESERVED CASE 197 before a dispensation is granted for a mixed marriage, and if he promised to lead a good Catholic life himself, it would go far to repair the scandal he caused. If the marriage took place after the decree A^e temere came into force, the marriage is null and void on account of clandcstinity. The case should be referred to the bishop, who will doubtless grant faculties to Caius or to the parish priest to revalidate the marriage and instruct him as to what he is to do. In the meantime Titius should not use marital rights, and it would bo well if he kept away from home. In the possible case of Titius thinking in good faith that he was really married, he might be left in his good faith until the dispensation arrived. After the dispensation has been fulminated, the rehgious mar- riage should take place before the parish priest or his delegate and two witnesses. 20 DE ABSOLUTIONE COMPLICIS TiTius sacerdos diim exercitia spiritualia peragebat misericordia divina motus pactum aliquod cum Paulo sacerdote manifestabat confessario. Quum enim Titius et Paulus mutui scirent se saepius cum mulieribus peccare conveniebant inter se de confessione mutuo facienda et de absolutione mutuse complici danda. Quibus auditis dubitabat confessarius Titii utrum absolvere eum nunc possit. Unde qugeritur: 1. Quid de absolutione complicis statuat lex ecclesiastica? 2. Quomodo sit verbum complex intelligendum? 3. Quid faciendum a confessario sacerdotis qui com- plicem absolverit? 4. Quid ad casum? SOLUTIO 1. Quid de absolutione complicis statuit lex ecclesiastica? Sacerdos qui eum alia persona graviter contra castitatem deliquerit prohibetur quominus earn personam absolvat a peccato complicitatis, jurisdictione quoad istud peccatum absolvendum privatur, ac si absolutionem istius peccati attentat excommunicationem specialissimo modo Romano Pontifici reservatam incurrit.^ 2. Quomodo sit verbum complex intelligendum? ^ Manual of Moral Theology, vol. ii, 213. 198 DE MiSOLUTlONE COM I'LICIS 1!)!) Complex in peccato turpi hie inlolli<;itur (|iii iiilcinc ct externc grav(> pcccatum contra castitatem .sivc verbis, sive aspectu, .sive facto, cum sacerdote etiam ante sacer- (lotium .susce{)tum commiscritJ .3. C^uid faciendum a confcssario saccrdotis (jui com- plicem absolvent? Debet confessarius si sacerdos confitetur se attentasse absolutionem complicis ilium monere ut petat facultatem a S. Poenitentiaria cpia absolvi possit a suo ctjnfessario. Si velit, potest ipse confessaiius hauc facultatem petere. Nomcn paniitcntis non declaratur S. Poenitentiaria?. Si necesse sit ad scandalum vitandum vel propter aliam jiistam causani ut ixcnitens statim absolvatur, confessarius eum absolvere dii'(>cte potest sed sub onere se sistendi infra mensem per litteras ut supra S. Pocnitentiarise.^ 4. Ad casum. Titius et Paulus sacerdotes mutuo conveniebant de complicibus mutuis in peccato tui'pi absolvendis ac de se ipsis invicem absoh-ondis a suis pec- catis. Istud pactum est ipsum contra castitatem quatenus est medium quo impuritati facilius indulgere valent; sunt igitur Titius ct Paulus complices in peccato turpi nee possunt se mutuo absolvere, quod si attentent dictam excommunicationem incurrunt.^ ' Manual of Moral Theology, vol. ii, 214. 2 Ibid., 204. 3 Bulot, Compend. Theol. Moral., vol. ii, n. 575. 21 FICTA ABSOLUTIO COMPLICIS TiTJUS sacerdos se confert ad domum fiuamdam Regula- rium ad vacandum exercitiis spiritiialibus. Post aliquot dies ibidem confessionem facit Patri Caio (|ui ei exercitia tradebat. Inter alia peccata confitetur se inhonestos sermones habuisse cimi Philippo amico qui ad gregem sibi commissum pertinebat et postea eum absolvisse; prse- terea se turpi ter peccasse cum Maria ejus filia semel et iterum, et eamdem sibi confessam absolvere semel finxisse; alia vice in confessionali quum earn adesse ex vocis sono suspicaretur, ne autem certior esset factus ab interrogando earn abstinuisse ac tunc revera absolvisse, postea tamen quum peteret sacram Commvmionem cam adfuisse in confessionali factum esse certum. Titius addit se maxime dolere de prseteritis, firmissime proponere vitse emenda- tionem et absolutionem petit. Unde (lua^ritur: 1. Quid statuat Benedictus XIV in Constitutione Sacra- mentum Poenitentice? 2. Quid de facultate absolvendi a casibus ibidem contentis? 3. Quid ad casum? SOLUTIO 1. Quid statuit Ben. XIV in Const. Sacramentum Pcenilenlice'l Benedictus XIV in dicta Constitutione agit de crimine sollicitationis et de attentata absolutione complicis. De 200 FICTA ABSOLUTIO COMPLICIS 201 sollicitationo statuit OrdiiiMiios tcncri iiii|uirere et pro- cedere contra sacerdotes <|iii sunt ici sollicitationis in sacro tribunali; omnes confcssarios qui sciant suos pa'- nitcntes fuissc sollicitatos ab aliis in sacro tril)uiiali tcncri ad cosdem monendos do obligationo sollicitantcs dcnun- ciandi; potestatem absolvcndi cos (jui falso accusant sacerdotes sollicitationis esse Summo Pontifici reservatam. De attcntata absolutione complicis statuit sacerdotem hujus criminis rcum incurrcrc excommunicationem S. Pontifici pariter reservatam. ^ 2. Quid de facultate absolvendi a casibus ibidem con- ten tis? Absolutio a censuris in Const. Sacramentum Pcenitenticc contentis est modo spccialissimo reservata S. Sedi it a ut non comprehcndatur facultas ab eis absolvendi etiam in facultate absolvendi ab omnibus casibus S. Sedi spe- cialiter reservatis.^ 3. Ad casum. Titius inhonestos sermones cum Philippo habuit eumque postea absolvit. Si ita inhonesti fuerint sermones ut grave peccatum contra castitatem constitue- rent, absolutio fuit nulla et irrita, ac Titius in casum reserva- tum incurrit (S. Officium, 28 Mail 1873). Fingendo absolutioncni Maria^ iioii evitaliat Titius excommu- nicationem, juxta sajpe declarata a S. Poenitentiaria et S. Officio.-'^ Abstinendo ab interrogatione ne agnosceret complicem ac postea eam absolvendo, videtur Titius cum ignorantia crassa et supina egisse, ac proinde censuram iterum incur- risse juxta responsum S. Officii 13 Jan. 1892. > Manual of Moral Theology, vol. ii, 210 ff. 2 Ibid., 205. ' G4nicot, vol. ii, n. 353. 202 CASES OF CONSCIENCE Unde Titius pluries excommunicationem specialissimo modo reservatam incurrit, nee poterit absolvi sine facultate specialiter accepta a S. Pcenitentiaria, cui est declarandum quoties Titius complices absolvent. 22 DISTINCTIO INANIS Caius sacerdos ad pedes Titii confessarii provolutus confitetur se poenitentem quamdam in sacro tribunal! ad grave peccatum turpe sollicitasse, necnon postea apud se illud peccatum confitentem eamdem directe al) aliis peccatis indirecte a peccato complicitatis absolvisse, in quod nullam jurisdictionem se habere bene cognovisse nee illud absolvere intendisse declarat. Titius absolvit Caium quamvis sollicitatio in sacro tribunali sit peccatum ab Ordinario reservatum, eo quod eras celebrare pro populo poenitens ex officio teneatur, nescit tamen utrum onus Romam scribendi sit ei imponendum utpote censm'a excommunicationis ligato ob absolutionem complici datam. Unde qua^ritur: 1. Quid sit casuum reservatio et quinam ejus finis? 2. Unde dignoscantur casus reservati? 3. Quid facere debeat confessarius peccatum reservatum audiens? 4. Quid ad casum? SOLUTIO 1. Quid est casuum reservatio et quinam ejus finis? Reservatio casuum est limitatio jurisdictionis quam confessarius retinet quoad cetera peccata quamvis dcne- getur quoad reservata. Finis rcservationis est disciplina 203 204 CASES OF CONSCIENCE populi Christiani, ut nempe deterreatur a peccatis reser- vatis committendis propter difficultatem obtinendi abso- lutionem, et ut qui ea committat peritiorem habeat con- fessarium.^ 2. Unde dignoscuntur casus reservati? Casus papales fere omnes continentur in Constitutione Pii IX ApostoliccB Sedis, prseter unum de falsa aceusa- tione sollicitationis, quod habetur in Constitutione Bene- dicti XIV Sacramentum P(Enitentice,et aliud de stipendiis Missarum in decreto S. C. C. 11 Maii 1904. Casus episco- pales habentur in pagellis quas confessariis concedunt episcopi. Casus Regularium in eorum Constitutionibus et regulis inveniuntur. 3. Quid facere debet confessarius peccatum reservatum aiidiens? " Extra articulum mortis," ait Tridentinum (Sess. XIV, c. 7), " sacerdotes quum nihil possint in casibus reservatis, id unum poenitentibus persuadere nitantur, ut ad superiores et legitimos judices pro beneficio abso- lutionis accedant." Ssepe tamen ex caritate tenebitur confessarius speciales facultates obtinere ut ipse poeniten- tem reservato peccato oneratum absolvat. 4. Ad casum. Caius sollicitavit ad turpe peccatum poenitentem in sacro tribunali, quod peccatum fuit Epis- copo reservatum. Prseterea complicem postea ab aliis peccatis absolvit non intendens eam a peccato complici- tatis absolvere, deinde sua peccata Titio est confessus. Titius recte fecit Caium absolvendo propter necessitatem in qua versabatur eras pro populo celebrandi. Absolutio peccati Episcopo reservati erat indirecta, ac proinde tene- bitur Caius obtinere directam absolutionem vel ab Epis- ' Manual of Moral Theology, vol. ii, 192 DISTINCT 10 I NAN IS 205 copo vcl a dclcgato ab eo. Dcdit Caius absolutionem coniplici et sic incidit in casum S. Poiitifici reservatum, nam attentabat complicem absolvcre nee potuit restringere absolutionem mera sua iiitcntione ad cetera peccata, quia noil jicndet ab intentione sacerdotis ad ({um peccata inter confessa absolutio a se data cxtendere debeat. Praeterea fingit se absolvcre poenitentem complicem et hac rati one incurrit censuram. Unde tenebitur infra mensem se sistere S. Pcentitentiariae ejusque mandatis obtemperare. 23 ERROR NON DAT JURISDICTIONEM Caius sacerdos mittitur ad quamdam missionem ut ad tempus vices quasi-parochi infirmi suppleat. Dum con- fessiones audit venit Martha quse se accusat turpis peccati cum sacerdote pluries admissi. Consuetudinem peccandi suspicatus Caius interrogat utrum ante ultimam confes- sionem idem peccatum commisisset, et invenit Martham habere habitum peccandi cum sacerdote, et apud eumdem postea confitendi; quippe quae nesciat quidquam obstare, quod valde probabihter verum esse Caius putat de omnibus fidehbus utpote rudibus qui ad istam missionem pertinent. Hinc Caius dubitat quid a se sit faciendum. Unde quaeritur: 1. Quid statuatur a Benedicto XIV in Const. Sacramen- tum PoenitenticB? 2. Num et quando possit error communis supplere confessario jurisdictionem? 3. Quid a Caio faciendum? SOLUTIO Primae qusestioni respondetur supra, p. 200. 2. Num et quando potest error communis supplere confessario jurisdictionem? Ecclesia certo supplet jurisdictionem si adsit titulus coloratus simul cum errore communi. Probabihter etiam 206 ERROR NON DAT JURISDICTIONEM 207 supplet cum solo errore communi otiamsi non sit titulus coloratus conjunctus. (^uic tamcn probabilis sententia non potest applicari casui in quo complex in peccato turpi putat se posse absolvi a complice sacerdote. Nam talis error est privatus, et populus potius ignorat legem eccle- siasticam qua^ privat complicem jurisdictione quam circa illam errat. Deinde (juidfiuid sit de gcnerali principle certum est Ecclesiam nolle supplere jurisdictionem com- plici sacerdoti ut hie complicem absolvat, nam expresse dicit Constitutio Benedictina Sacramentum Pcenitentice; " Sublata jurisdictione ad qualemcumque personam ab hujusmodi culpa absolvendam." 3. Ad casum. Confessiones Marthae utpote bona fide factae fuerunt validse, et absolutio ceterorum peccatorum fuit directa quum sacerdos complex tantum privetur jurisdictione " quoad hujusmodi culpam absolvendam." Absolutio peccatorum complicitatis fuit indirecta ac proinde tenetur Martha ea iterum clavibus subjicere ut directe absolvantur. Debet ergo Caius exquirere quoties vel a quo tempore sit confessa peccata complicitatis apud complicem, eamque monere ut ilium in posterum evitet tum intra tum extra confessioneni. 24 ASKING THE NAME OF AN ACCOMPLICE Albertus puer quatuordecim annorum in collegio quo- dam Catholico degens accusat se in confessione peccati turpis cum alio puero commissi. Interrogatus a confes- sario ultro fatetur se pluries antea ab eodem complice sollicitatum idem peccatum admisisse. Confessarius quum prudenter timeat ne iterum idem accidat rogat utrum sit paratus omnia media adhibere ad relapsum praecavendum, etiam ad complicem denunciandum. Puer dicit se libenter nomen complicis confessario ipsi manifestaturum, nullo tamen modo superioribus quamvis libenter concedat facultatem confessario superioribus rem declarandi. Ex circumstantiis judicat confessarius omnino esse necessarium ad relapsum praecavendum et etiam ad bonum commune collegii ut complex in casu superioribus denuncietur; unde puerum non posse absolvi hoc onere recusato, putat tamen sibi non licere nomen complicis inquirere. Unde quaeritur: 1. Quid dicendum de necessitate confitendi peccatum si mde complex peccati confessario manifestetur? 2. Quid de confessario qui nomen complicis inquirat? 3. Quid faciendum a confessario in casu? 208 ASKING THE NAME OF A.\ ACCOMPLICE 209 Solution 1. Iri it necessary to confess a sin if in so doing an accomplifo in tho sin is made known to the confessor? If possil)lc the penitent sliould go to a confessor who would not know the accomphce in the sin. If he can not conveniently do this, it is a controverted point as to whether he should mention the sin, which can not be confessed without also betraying an accomplice, or not. Some authorities hold that he may not mention the sin because the natural law of secrecy about another's sin is stricter than the positive law about the integrity of con- fession. Others hold the contrary opinion, because for good reason we may make known the secret sin of another. Both opinions are probable, so that the penitent may follow either.i 2. May a confessor ask the name of an accomplice? In the Constitution ApostolicoB Sedis the first of the excommunications reserved to the Holy See is incurred by those who teach or defend as lawful the practice of incjuir- ing from penitents the name of an accomplice in sin as the practice was condemned by Benedict XIV. The practice then is in general unlawful. However, as Benedict XIV himself supposes, there are certain cases in which the penitent is bound to denounce an accomplice, and sometimes this can only be done to or through a confessor, who may then ask the name of an accomplice.^ 3. The case. The good of the college requires that the boy who corrupts his school fellows should be denounced * Bucccroni, vol. ii, n. 720. 2 Ibid., 1178 ff. 210 CASES OF CONSCIENCE to the authorities when this is necessary to prevent future grave sins. This could only be done in the circumstances of the case by Albert himself. He was therefore under a grave obligation of doing this, and could not be absolved if he refused to do it. As he absolutely refused to denounce his accomplice personally to the authorities, but was not unwilling to tell the confessor, to whom he also gave leave to mention the matter to the authorities, the con- fessor may ask him to write the boy's name on a slip of paper and put it in an envelope and give it to him, and that he will see that it goes to the authorities. In doing this the confessor would do nothing wrong, but only help the boy to do his duty. 25 A RECIDIVIST Caius juvenis catholicus qualibct hcbdomada confiteri solet. Qiiamvis alio(iuin bona? di.spositionis, semper se accusat peeeati mollitiei admissi ter quatervc intra heb- domadam. Intcrrogationibus confessarii respondit se con- tinere consuevisse per duos fere dies post confessionem, postea vero cadere; se dolere miiltum de peccatis, velle sincere se eripere e pravo habitu, et libenter consilia et media se emendandi a confessario accepturiim. Unde qua^ritur: 1. Quis sit recidivus? 2. Quomodo tractandus? 3. Quid ad casum? ' SOLTJTION 1. Who is a recidivist? A recidivist is one who after many confessions has fallen into the same sin without any or with scarcely any amendment. 2. How is a recidivist to be treated? This is a much controverted point among more recent moral theologians. The Jansenists taught that a recidivist can not be absolved until he has proved the sincerity of sorrow by actual amendment and by abstaining from falling again into the same sin for some time after con- 211 212 CASES OF CONSCIENCE fession. On the other hand laxists held that a penitent who has contracted a habit of sin should be absolved at once, pro\aded that he makes verbal profession of his sorrow and purpose of amendment. Even some who are neither rigorists nor laxists hold that after a recidivist has been absolved a certain number of times, he may not be absolved again unless he shows extraordinary signs of sorrow. The doctrine of Lugo and other older theo- logians on this matter seems more workable and better grounded. In brief it comes to this: that the matter must be left to the judgment of the confessor, and if the confessor judges that the penitent is here and now sorry for his sins, notwithstanding his falls in the past, he may alwaj^s absolve him.^ 3. The case. The fact that Caius keeps from sin for some time after going to confession shows that he derives fruit from the sacrament and he should not be deprived of it. He may be told to come to confession immediately after falling into sin if he can do so; to pray hard and perseveringly especially in time of temptation to God and His blessed Mother for help; to go frequently to Holy Communion; to keep constantly occupied in mind and body; to take plenty of fresh air exercise; and similar means. With God's grace, if he adopts these remedies he will conquer his bad habit. The confessor should do all he can to cheer and encourage him. 1 Manual of Moral Theology, vol. ii, 218 ff. 26 A LONDON ACTRESS Caia actrix sccnica {adrcss) satis Celebris in quodam theatro Londinensi Lucio sacerdoti singulis fere mensibus confiteri solet. Inter alia peccata semper occurrunt qua^dam cum juvenibus commissa quos \'ix aut ne vix quidem c\dtare potest quum in ipso theatro cam quadrant. Optima) indolis Caia Lucio videtur, et peccare propter occasiones ac fragilitatem potius quam ex malitia; quo magis anxius est ut sciat quid sibi faciendum turn quoad absolutionem dandam, differendam, vel negandam, turn ut Caiam a pravo habitu eripiat. Unde qua3ritur: 1. Quomodo differant occasionarius, consuetudinarius, recidivus? 2. Num et qua regular dari possint quoad absolutionem recidivorum? 3. Quid ad casum? Solution L How do the terms occasionarius, consuetudinarius, recidivus, differ? An occasionarius is one who is placed in a proximate occasion of sin; a consuetudinarius is one who has con- tracted a habit of sin; a recidivus is one who after many confessions falls again into the same sin without any or with scarcely any amendment. 213 214 CASES OF CONSCIENCE 2. Can any rules be given with regard to absolving recidivists? Some theologians descend into minute particidars on this point and give a great many rules of great complexity. Those given by Lugo are practical and short. They are these : a. If a confessor judge a penitent notwithstanding a past habit of sin, to have here and now a true sorrow and a firm resolve not to sin again, he can absolve him. b. But in the second place it is certain that when a priest, considering the past habit of sin, the propensity to it, and other circumstances, can not judge the penitent to be sufficiently averse from the sin, he can not absolve him, however much the penitent asserts that he is sorry. c. It will help toward forming a judgment about the present dispositions of the penitent if he show special signs of sorrow. d. Finally it will sometimes be useful to put off absolu- tion for some days.^ 3. The case. As was said above (p. 212) one who after many confessions falls again into the same sin without any or scarcely any amendment, may always be absolved by the confessor if he judges that the penitent is here and now sorry for his sins and purposes to correct them in future. Caia seems to be such a penitent, and so Lucius may absolve her. He has no right to deny her absolu- tion, and it would probably do more harm than good if he were to defer it for a time. However, he may and should suggest means by which she may be able to avoid sin. We presume that she neither does nor says any- thing wrong in the course of her acting. The only remedy * Manual of Moral Theology, vol. ii, 219 f. A LOMXJ.X ACTRESS 215 to suggest if the contrary were the fact would l.c to stop it. "We sii|)]Hisc tli;it her duties are not wrong in them- selves, l)ut that they I'liiiiisli the oeeasions of sin to her. It wouhl be a good thing if she couhl abandon her pro- fession and take up another whicli would be less dangerou.s. If she can not do this, the confessor niitiht suggest that Caia should always lia\'c her mother, or sister, or lady friend with her in the theatre. She should attend to her prayers, g(j to the sacraments every week if she can, and if she gets a good offer of marriage she shouKl accept it and retire from the stage. 27 A LOOSE nUXCIPLE Petrus et Pauliis operarii fumum hcrbse nicotianae ducebant propc feiiilia Jacobi, cui olim inserviebant, sed qui cosinjuste diniiserat. Casu inopinato sulphurata ardentia inter fcienum inadvertenter projecerunt. Itincrc paululum producto, respicientes vidcrunt igniculum e feno oriri. Propter veterem inimicitiam erga Jacobum, et eo quod alter alterum increpavit de incendio excitato, neuter pedem movit ad Jacobum monendum de periculo immi- nenti, ac proinde irriti fuerunt conatus concurrenlium ad ignem extinguendum, et fenilia perierunt. Postea Petrus cogitans de Paschali prsecepto implendo, ad Caium con- fessarium accedit, et exquirens pra3sertim de obligatione restitutionis refert dimidium valoris rerum qua? perierant a societate assecurationis jam solutum esse, et Jacobum terrefactum ad extremum pene vitse reductum, pristinam sanitatem tandem recuperasse, at non sine magnis expensis contractis. Caius vero cum ab omni onere restitutionis excusat, uti alias semper, quia ut ait, semper adest aliqua causa qua; restitutionis obligationcm saltern dubiam rcddit; lex vero dubia non obligat. Unde qua3ritur: 1. (^use sint conditiones ut actio damnosa pariat obliga- tioncm restitutionis? 2. Quid si confessarius indebitc obligaverit vel solvcrit a restitutione facienda? 3. Quid ad casum? 216 A LOOSE PRINCIPLE 217 Solution 1. "\ATiat conditions arc necessary that an oblifjjation to make restitution may arise f]-om an action wliicli causes damage? There must be tlieological fault, tlie damage must be really and objectively unjust, the action must be the cause, not merely the occasion, of the damage.^ 2. Wlial if a confessor has im])roperly imposed the obligation of making restitution, or improperly exonerated a penitent from it. If this was done without grave theological fault, the confessor will be bound to correct his mistake and prevent harm coming from it as far as he can. If his action involved grave fault on his part, either through grave negligence or malice, he becomes a co-operator in injustice, and is bound to make good the harm done to his penitent or to a third person by his wrong conduct. ^ 3. The case. Caius' principle is certainly false, and will be the cause of his doing serious harm if he continues to apply it in practice. Still in the case before us it did not cause him to go astray. Peter and Paul inadvertently threw lighted matches among James' hay, and after they had left the spot they looked back and saw that a small fire had been kindled. The one who had cau.sed tlie fire was bound in justice to do his best to i>ut it out, otherwise he would be compelled to make good the damag'\ But they did not know who had caused the fire; it was uncertain whether it was caused by Peter, or l)y Paul, or by l)oth of them. On account of this doubt neither of them can > Manual of Moral Theology, vol. ii, 408 ff. 2 Ibid., 226 f. 218 CASES OF CONSCIENCE be compelled to make good the damage done, although both committed sins against charity by their ill-will against James and by neglecting to extinguish the fire at first. The damage done to James' health was not foreseen, nor was the expense foreseen which he incurred on that account, and so no obligation to make restitution could arise on this ground. 28 REQUISITE KNOWLEDGE TX THE COXFESSOR Paulus sacerdos per plures amios studium thcologise moralis fere omnino prsetermisit. Aliquoties quidem instante collatione theologica ut nonniliil habeat quod dicat auotores cvirsim perlustrat, excepto forte cum sibi contiiigit casum proponere. Quoad casus communiter occurrentes nescit utrum solutioncm semper sciat; et quoad casus difficiliores suspicionem non levem habet se vix satis scire ad dubitandum de solutionibus. Si forte casus occurrerint investigationem exigentes detexit res magni momenti oblitas de impedimentis matrimonii, de conditionibus contractuum pra^sertim venditionis et emptionis, atque de radicibus restitutionis. Caius con- fessarius cui Paulus hsec omnia aperit absolutionem denegat, nisi, uti docet S. Alphonsus, promittat se studium illud nunquam intermissurum. Qua?ritur: 1. Quffinam scientia sub gravi in confessario requiratur? 2. An possit confessarius post plures annos satis memorise fidere de scientia theologia) olim in seminario acquisita, quin tamen ilia per studium refricetur? 3. Quid de casu? (Ex casibus dioecesis Liverpolitanai pro annis 1898- 1899.) 219 220 CASES OF CONSCIENCE Solution 1. What knowledge must the confessor have sub gravid The confessor must know how to administer the sacra- ment of penance vaHdly, and he must have the knowledge required to give a prudent judgment in this tribunal. For this purpose he must know: " Quas sint mortalia, quse venialia, saltern ex genere suo; species et circum- stantias necessario explicandas; spectantia ad restitu- tionem bonorum et famse; casus reservatos et excommu- nicationes saltern communiores; censuras et irregularitates communiores; requisita in poenitente ad bonam disposi- tionem; remedia peccatorum opportuna. Satis est si confessarius intelligat quae frequentius accidunt et de aliis sciat dubitare." ^ 2. Can a confessor after many years trust his memory about what he learned in the seminary without refreshing it by study? No, he certainly can not do so. Daily experience teaches most men how readily things once known drop out of memory, and most priests know how easy it is to forget the principles of moral theology unless they are kept fresh by constant study. 3. The case. Caius, the confessor of Paul, who also was a priest, was quite right to threaten the withholding of absolution from him unless he promised to keep up the study of moral theology. It is clear from the case that he was deficient in that knowledge which theologians require sub gravi in a confessor. He was not sure about the right solution of ordinary cases, and he had grave suspi- 1 St. Alphonsus, Theol. Moral, lib. vi, n. 627. REQUISITE KNOWLEDGE IN THE CONFESSOR 221 cions that he did not know enough to doubt more about cliflicult cases. Occasionally, when he found it necessary to look into matters, he found that he had forgotten things of great importance about the impediments of marriage, the conditions of contracts, especially of sale, and the roots of restitution. All those are indeed matters of importance, and of frequent occurrence, and Paul should lose no time before refreshing his memory about them; otherwise he will not escape serious sin. 29 TFIE SEAL XOT BROKEN TiTius confessarius alumnorum in quodam collegio Catholico qiiiim ex confessione sci\'isset quemdam puerum pravis moribus imbutum alios ad gravia peccata pertra- here, eorumdem Praefectum admonuit ut diligentius super gregem ipsi commissum invigilaret. Prffifectus vero etiam sacerdos nee prorsus peregrinus in theologia morali dubitabat num sibi uti notitia data liceret. Unde qiiseritur : 1. Ad quid obliget secretum sigilli et qua lege statuatur? 2. Num uti liceat scientia habita ex confessione? 3. Num superioribus liceat uti dicta scientia in externa gubernatione? 4. Quid ad casum? Solution 1. To what does the secret of the seal bind and by what law? By divine, natural, and positive law the confessor is bound to say or do nothing which could make known any sin, or circumstance connected with sin, confessed to him, or which would cause the penitent reasonable dis- pleasure, or make confession more burdensome than it is.^ 2. Is it allowed to make use of knowledge gained from confession? 1 Manual of Moral Theology, vol. ii, 231. 222 THE SEAL NOT BROKEN 223 Of course, such knowledge must not bo so used as to violate the seal. Otherwise the confessor may use knowl- edge gained from confession to correct his own faults, to preach and to heai" confessions witli more fruit, to treat his penitents and others with greater kindness. i 3. May Superiors use knowledge gained from confession for the government of their subjects? No, this may not be done, as it would make confession odious, and cause displeasure to penitents. The con- trary opinion was virtually condemned by a decree of Clement \'11I, May 20, 1593, and another of the Holy Office, Nov. 18, 1G82, and it is now obsolete.^ 4. The case. Titius, of course, was not justified in doing what he did if any suspicion was likely to fall on the culprit in consequence of what he said. If what he said to the prefect would betray neither the delinciuent nor anything that had been told him in confession, it would seem that Titius was not to blame, and that the prefect may follow his admonition without scruple. St. Alphonsus says: " Communiter tamen admittunt posse confessarium uti notitia confessionis ad se cautiorem reddendum in re familiari, ad socordiam excutiendam, ad diligentius invig- ilandum super gregem suum, modo luilla detur aliis suspi- cio peccati, neque ex hoc poenitens gravetur, vel implicite redarguatur. . . ex D. Thoma in W , d. XXI, q. 3, a. 1, q. 3 ad 1, ubi ait: 'Potest (confessarius) dicere praelato quod diligentius invigilet super gregem suum, ita tamen quod non dicat alicjuid per cjuod verbo vel nutu confiten- tem prodat.' "■'^ 1 Manual of Moral Theology, vol. ii, 232. 2 Ibid., 232. * St. Alphonsus, Theol. Moral., lib. vi, 057. 30 CONFESSIOX WITH UNEXPECTED RESULTS Caius et Tullia, jam ab aliquibus mensibus sponsati, ad confitendum Titio sacerdoti, qui sedebat in confessionali ligneo in Ecclesia exposito, Caius ab hac parte Tullia ab ilia simul iverunt. Primus incepit Caius qui quidem se accusavit inter alia fornicationis pluries admissse cum variis feminis. Totam Caii eonfessionem audivit non modo Titius sed etiam Tullia, quippe quum foramen relictum esset apertum ex utraque parte confessionalis. Post absolutionem datam Caio Titius se convertit ad Tulliam, qua3 primo explicat se fuisse quidem Caio spon- satam, nullo tamen modo post audita velle ei nubere, quinimmo odium contra eum concepisse asserit. Unde quseritur : 1. Quaenam justse causae resiliendi a sponsalibus admitti possint? 2. Quatenus et qua lege prohibeatur usus scientise acquisitae ex confessione sacramentali? 3. Quid ad casum? Solution 1. What just causes for breaking off an engagement to marry may be admitted? An engagement to marry may be broken off by mutual consent, by the happening of an event which would have 224 CONFESSION WITH UNEXPECTED RESULTS 225 prevented the engagement if it liad liappened before it, by entering into a Religious Order or by taking sacred Orders, and by the Pope for good reason.' 2. This ({uestion was answered a})ove, p. 222. 3. The case. Tullia of course did wrong in listening to the confession of her l)etrothed. She should have gone out of the confessional or calletl the attention of the priest to tlie fact that the grating was not closed. Having heard the confession, she is per se bound like the con- fessor not to allow the knowledge which she has gained to influence her conduct. She prolxibly does not know this, and certainly she does not seem able to control her feelings. "Women were never intended to be confessors. Caius will hear immediately of what has happened, and he will probably be content to release Tullia from her engagement, as under the circumstances the marriage could hardly turn out well. 1 Manual of Moral Theology, vol. ii, 260 f. 31 UNLAWFUL USE OF CONFESSIONAL MATTER Caius sacerdos post confessioiiem Titio sacei\loti factam rogat utrum recte in sequentibus casibus fecisset. Caius ciiram gerit orphanorum utriiisqiic scxus et rogatus ut mitteret piierum quindecim annoriim ad officium quoddam suscipiendum selegit (iiiemdam pravis moribus imbutum qui ceteros corrumpebat ut ex confessionibus sciebart, aptum, tamen ad ofRcium gerendum quamvis alii seque apti essent, apud se dicens absentiam pueri ipsi et ceteris orphanis profuturam. A sacerdote coadjutore rogabatur ut mitteret puellam sexdecim annorum quae famularetur viro conjugato et Catholico, qui tamen ut Caius ex ejus confessionibus cognoscebat omnes juvenes famulas cor- rumpere solebat. Negabat se id facere posse, quamvis plures essent locc idonese. Quseritur: 1. Quid sit et unde oriatur secretum sigilli? 2. Quomodo violetur secretum sigilli? 3. Quale peccatum committat sigillum violans? 4. Quid a Titio respondendum? Solution The first question was answered above, p. 222. 2. How is the seal of confession violated? The seal may be violated either directly or indirectly. It is violated directly when the confessor says that such a penitent told him such a sin in confession. It is violated indirectly when the confessor says or does anything, or 226 UNLAWFUL USE OF CONFESSIONAL MATT Eli 227 abstains from saying or doing anything, from which others may come to the knowletlge of confessional matter, or hy wliich the j)enitcnt may be aggi'ieved or confession made odious.^ 3. A\'hat sort of a sin is it to violate the seal? It is a grave sacrilege against justice and charity, nor does direct violation admit of light matter although indirect violation docs wlien tlie danger of revelation of confessional matter is slight and remote.2 4. ^\'hat >hould Titius answer? Tilius sliould tell Caius that he was not justified in mak- ing use of knowledge gained in the confessional to guide him in his treatment of the orphans. In neither case, it is true, did Caius make known anything that he had heard in the confessional, ])ut it might happen that in such a case as the first the penitent would be aggrieved by being sent away from the orphanage, and if it were known that such use was made of tlie confessional it would make confession more difficult and odious. This test seems decisive : "What would be the effect on penitents if tliey knew that the confessor used knowledge gained from confession in the manner indicated in the first case? If it were taught that such use of knowledge gained in the confessional is lawful, the duty of confession would cer- tainly be made more difficult, and this is a proof that such action is a \iolation of the seal. In the second case the confessor's action tends obviously to the displeasure and disadvantage of the penitent. He should have tried to correct his penitent's morals, and thus safeguard the virtue of his orphans. ' JManual of Moral Theology, vol. ii, 231. - Ibid., 229. 32 A USELESS DEVICE Caius et Pauliis sacerdotes cidem missioni inser\'iunt. Venit ad confitendum Caio poenitens quidam qui hactenus Paulo est confessus. Difficultates haud leves Caius sentit de confessioiiibus dicti poenitentis et de modo convenienti eumdcm tractandi. Quum vero Caius non possit extra confessionem cum Paulo de poenitentis casu colloqui ob sigillum sacramentale, aperit eidem in confessione post propria peccata confessa suas difficultates de casu dicto, et Pauli consilium petit. Unde quseritur: 1. Qusenam sit et unde oriatur obligatio sigilli con- fessionis? 2. Quibus modis violari possit? 3. Quale peccatum sit violatio sigilli? 4. Num unquam liceat uti scientia habita ex con- fess one? 5. Quid ad casum? Solution The first question is answered above, p. 222, the second, p. 226, the third, p. 227, the fourth, p. 223. 5. The case. As Paulus would recognize the case at once, Caius was not at liberty to consult him either out of confession or in confession. The fact that Caius had made his confession did not give him permission to commu- 228 A USELESS DEVICE 229 nicate to Paulus what he had heard in confession when Pauhis would at once recognize who the penitent was. The seal is broken when two confessors speak together of the sins of a penitent of both of them.^ Caius should have waited till he could consult some one who would not know the penitent. * Manual of Moral Theology, vol. ii, 232. ORDERS ANGLICAN ORDINATIONS Caius reccntcr ad fidem Catholicani conversus et (lui ssepe amicis hsereticis rationem fidei reddcrc tenetur rogat confessarium (juid sit respondendum difficultati proposita) recenter contra Bullani Apostolicrp cures. Qiiidam enini in Contemporary Review, Dec. ' 189(), ita scripsit: "The theological argument is very nebulous. Its defenders are not sure of its meaning. As every one knows, the English ordinations are declared invalid on account of defective form and intention. A French writer has shown that the defect of intention is inferred from the use of a defective form. But English critics of the Bull have shown that what is lacking in our form is lacking also in other forms which are recognized as valid by the Roman Church; indeed in the ancient Roman form itself. Father Bernard Vaughan replies hotly that the fault is attributed not to the form in itself, l)ut to the employment of the form in a new and defective sense. That is to say, the defect of foi-ni results from a defective intention. The two arguments combined will make an excellent circle." P. 790. Unde (iua>ritur: 1. Quid sit sacramentum, et quid essentialiter re([uiratur ad ejus valorem? 231 232 CASES OF CONSCIENCE 2. Qualis mutatio sufficiat ad invalidandum materiam vel foriiiam sacramcnti? 3. Quomodo Bulla Aposloliccr curce demonstret ordi- nationes Anglicanas esse invalidas? 4. Quid respondendum bre\'iter Caio? Solution 1. "V\Tiat i.s a sacrament and \vliat is essential to its validity? A sacrament is an outward sign of inward grace ordained by Christ for the sanctification and salvation of our souls. Three things are necessary for the validity of a sacrament : the matter, the form, and the minister who makes the sacrament with the intention of doing what the Church does.i 2. What sort of a change is sufficient to hivalidate the matter or form of a sacrament? If a substantial change be made in the matter or form of a sacrament, the sacrament is destroyed. The matter will be substantially changed if in the estimation of ordi- nary men it is no longer the same, but something else. The form will be substantially changed if the sense is no longer the same.^ 3. How does the Bull Apostolicce euros show that Angli- can ordinations are invalid? By appealing to precedent and l)y showing that the form and intention expressed in the Anglican Ordinal are essentially defective. From the time of the legation of Cardinal Pole to England, Orders conferred according ^ Manual of Moral Theology, vol. ii, 21. 2 Ibid., 22. ANGLICAN ORDINATIONS 233 to the Anglican Ordinal have always been considered invalid by Rome; all references to (ho power of con- secrating the Eucharist and ofTering up the Sacrifice of tlie Mass were excised from the ordination rite, thus showing a want of inlciition to ordain true priests. 4. A brief answer to C'aius. The theological argument of the Bull is clear, and Catholics have no difficulty about its meaning. The defect of intention is not inferred from the defective form, but it is clearly expressed in the changes made in the form for the purpose of cutting out all ref- erences to a sacrificing priesthood, which the reformers rejected. There is a great difference between a form which has been altered with the intention of excluding all express references to a sacrificing priesthood, and a form which has not been so altered. The Bull shows that the Anglican Ordinal belong-s to the first class, and that thus it has been rendered invalid, whatever might be said of its sufficiency in itself. From this it is clear what the Bull means by defective form and intention, and that it does not argue in a circle. A PRIEST'S SUPPORT TiTius missionis Rector quum tempore perturbationis politicse pensionem debitam non reciperet, missionem cui praefectus erat deseruit, eo quod nemo gratis laborare tenetur, licet confessarius renuerit dicendo: Innocentes eves lupo a pastore tradi non debere. Tunc episcopus quum supervacaneam dedisset operam ut Titius ad mis- sionem rediret, in \drtute sanctse obedientiis sacerdotem animarum curam non habentem fugientis Rectoris vices gerere jussit; sed is quoque obedire renuit. Hinc quseitur: 1. Num sacerdotes seculares habeant jus ad sustenta- tionem accipiendam? 2. An residentiam deserere possit curatus ex eo quod pensionem debitam non percipiat? 3. Qusenam sit vis juramenti Apostolici ab Anglise presbyteris communiter emissi? 4. Quid de sacerdotibus in casu? Casus fuit propositus in dioecesi Northantoniensi, 1901? Solution 1. Have secular priests a right to their decent support? Yes, the Church forbids any one to be promoted to sacred Orders without a title, i.e., a provision for his decent support. If a bishop culpably ordains a priest without 234 A PRIEST'S SUPPORT 235 a title, the bishop is bound to provide for his support until he can provide for himself.^ 2. Can one who has the cure of souls al)andon his charge because he does not receive the pension whicli is due to liim? I will answer in llie words of Gasparri: " Recepto autem jjresbyteratu sacerdos ita dirjccesi ad quam per- tinet incardinatur, ut discedere nequeat sine licentia, seu sine litteris, ut aiunt, excardinationis sui Episcopi. Episcopus potest discedcndi licentiam denegare, dummodo sacerdoti congruam assignet. Quod si episcopus et licen- tiam deneget et congruam necjueat aut nolit assignare, sacerdos non ideo potest sua voluntatc discedere, sed recursum habet ad Sacram Congregationem. Disceden- tem sine sua vel S. C. licentia episcopus revocare potest etiam per censuras, etiamsi sacerdos beneficium residentiale in alia dicecesi obtinuisset. Hffic doctrina certissima est eamque ssepius tradidit S. C." (De Sac. Ordin., n. 860). 3. What is the force of the Mission oath commonly taken by English priests? By the terms of the Mission oath the cleric swears that he will not enter into any Religious Order after he is promoted to sacred Orders without special leave of the Holy See. He fui-ther swears that he will work for the salvation of souls in the diocese for which he is ordained, under tlie authority of the bishop. The formula of the oath is given in Concilia Westmon., p. 385. 4. The case. Titius should not have abandoned his post. He should have ap])liod to the bishop whose duty it was to try to make provision for the decent support of Titius, and if this could not be done, to remove him to ' Gasparri, De Sacra Ordin., n. G12. 236 CASES OF CONSCIENCE another post. Even if the bishop improperly refused to do anything for him, Titius should not have left the place, but should have appealed to Rome. The other priest on being ordered by his bishop to fill the vacancy was bound to obey, and he sinned in not obeying; but he also had a claim on the diocese for his decent support if he had no other title. EXTREME UNCTION REPETITION OF EXTREME UNCTION Caius missionarius tempore Paschatis invisit vicum (luomdam ab ecclesia quinque vel sex millia passuum dis- tantem ubi degunt aliqui Catholici. Ibi occurrit familise Catholicae antea ignota^ cujiis membra imnquam vel ob distantiam vel ob negligentiam ad eeclesiam veniunt. Materfamilias quadraginta fortasse annorum evidenter phthisi laborat quamvis non decumbit, imo ordinariis occupationibus vacat. Qua quum dicat se non posse ob occupationes domesticas ad eeclesiam venire, earn monet Caius ut proximo mane sit domi parata ad Paschalia sacramenta recipienda; cui annuenti ipse mature proximo die poenitentiam, communionem, et Extremam Unctionem, successive administrat. Post octo menses ad eamdem mulierem jam morientem vocatur, quam cum invenit sensibus destitutam et in i])so mortis articulo, sine mora inungit iterum in fronte sub forma generali, et paulo post mulier expirat. Unde qua^ritur: 1. Quinam sit subjectum Extrcma? Unctionis? 2. Num Extrema Unctio repeti in eadem infirmitate possit? 3. (^uid de modo agendi Caii in omnibus? 237 238 CASES OF CONSCIENCE Solution 1. Who is the subject of Extreme Unction? To receive Extreme Unction vahdly one must be baptized, liave attained the use of reason, and must be in probable danger of death from sickness.^ 2. May Extreme Unction be repeated during the same sickness? The Ritual lays down that this sacrament ought not to be repeated in the same sickness, unless it is prolonged, as when the sick man has got better and he is again brought into the danger of death. Many approved authors hold that in practice it may be repeated after a month's interval.^ 3. What about the actions of Caius? Caius found a mother of a family who never came to church, partly on account of distance, partly on account of negligence. She was now far advanced in consumption, but still attending to her household duties. He told her to prepare herself to make her Easter next morning, and then came again to the house and administered Penance, the Eucharist, and Extreme Unction. There is little difficulty about the administration of Penance. It is forbidden to take Holy Communion out of the Church except to the sick. The woman in question was appar- ently sufficiently ill for Easter Communion to be brought to her. Extreme Unction should not be given except to the sick who are in danger of death. If Caius judged that the woman was probably in danger, he did right to administer Extreme Unction, otherwise he did wrong. 1 Manual of Moral Theology, vol. ii, 238. 2 Ibid., 238. REPETITION OF EXTREME UNCTION 239 Eight months afterward Cains was called to the same woman and found her dying in a state of unconsciousness. He anointed her on the forehead with the general form, and then she died. Caius should first of all have given her conditional al)soluti(jn, for Penance should always precede Extreme Unction, as this sacrament is the com- plement of Penance. He did right after such an interval to repeat Extreme Unction, for although the sickness was the same, still without doubt there had been a change in the sick person's state. ^ 1 Genicot, vol. ii, n. 423. SHORT FORM FOR EXTREME UNCTION Sanctum Officium rogatum iit formam brevem deter- minaret pro extrema unctione in necessitate administranda, 26 Aprilis 190G, decrevit: " In casu vera} necessitatis sufficere formam: Per istam sanctam mictionem indulgeat tibi Dominus quidqiiid deliquisti. Amen." Post quod decretum quidam docent in casibus in quibiis forma ista adhibeatur postea sub conditione si tempus permittat juxta formam ritualem unctionem esse repetendam; alii id posse fieri nullam vero adesse obligationem idem faciendi; alii id fieri non debere sustinent. Titius vero sacerdos qui quum nosocomio publico inserviat non raro brevem formam adhibeat perplexus inquirit quid a se sit facien- dum. Unde quseritur: 1. Ante dictum decretum editum quid de forma essen- tiali extremse unctionis docuerint theologi? 2. Quid et quacum certitudine idem decretum deter- minaverit? 3. Quid ad casum? Solution Before the decree of the Holy Office, 2G April, 1906, what did theologians teach about the essential form of Extreme Unction? The ritual form of Extreme Unction is: " Per istam sanctam unctionem et suam piissimam misericordiam 240 SHORT FORM FOR EXTREME UNCTION 241 indulgoat til)i Ddiiiinus (luidfiuid j)er visum, etc., deli- quisti. Amen." Theologians taught tliat in this form th(! words et suam piissimam misericordiam, mndam Amen, did not l)elong to its essence. They did not agree as to wlietlicr llic mciiiinn of llic senses in special or at least general terms belonged to its essence. They differed also as to whether a single anointing was sufficient or not for the validity of the sacrament. Hence they taught that in a case of necessity Extreme Unction might be given conditionally with one form such as: Indulgeat tihi Deus quidquid per sensus deliquisti. Others required all the senses to be expressed in the single form. If the sick man survived, St. Alphonsus teaches that the anointing of each sense and the prayers were to be supplied.^ 2. Wliat did the decree determine and with what certainty? The Holy Office was asked to determine a single short form for the administration of Extreme Unction to be used in case of death being imminent. It decided that the following form would be sufficient: " In casu verae neces- sitatis sufficere formam: Per istam sanctam unctionem indulgeat tibi Dominus quidquid deliquisti. Amen." This decree was confirmed next day by Pius X. Hence it determines autlicntically but not infallibly that in case of necessity it is not necessary to mention the different senses nor even one, and that one anointing under this general form is sufficient for the validity of the sacrament. 3. The case. This decree tells us what is sufficient for the validity of Extreme Unction in casu veroe neces- sitatis, when there is not time to perform the full rite according to the Ritual. If tlie sick person thus anointed 1 St. Alphonsus, Thcol. Moral., lib. vi, n. 710. 242 CASES OF CONSCIENCE Burvives, and there is time to go through the Ritual form and prayers, then the case is one not contemplated in the decree. We think, then, that the first opinion mentioned is to be followed in practice, and that if time allows and the state of the sick person permits it, the sacrament should be given according to the form prescribed by the Ritual after this short form has been used. This is the opinion of the Redactor of the Acta Sanctae Sedis when the decree was issued. He says: " Sed cessante periculo prsesertim si segrotus alia sacramenta secure suscipere non potuit, sub conditione repetendse sunt singulse unctiones in singulis sensibus, sub suis particularibus formis, atque addendse simul sunt omnes orationes omissse. Quae norma apprime congruit praescriptionibus Ritualis Romani, et quatenus melior fiat dispositio suscipientis sacramentum, ad majus gratise augmentum obtinendum concurrit." (A. S. S., XXXIX, 275.) MATRIMONY INFORMAL RKTIiOTIlAL TiTius missionarius saccrdo.s vult scire utrum vi decreti Ne temere S. C. C, Aug. 2, 1907, promissio matrimonii mutua, seria, et deliberata, inter habiles, non tamen in scriptis, sit nulliiis momenti, an potius nonobstante decreto vim contractus privati sub gra\i in conscientia obligatorii habeat. Praeterea rogat utrum sub parochi nomine in citato decreto comprehendantur non solum sacerdotes principales in aliqua missione sed ct coram coadjutores si qui habeantur. Unde quseritur: 1. Quinam sit scopus decreti Ne temere f 2. Quid statuat istud decretum circa sponsalia? 3. Qualem potestateni liabeant missionarii in Anglia coadjutores? 4. Quid do difficultatibus Titii? Solution 1. What is the scope of the decree A^e temere? The scope of this decree was to alter the law about clandcstinity so as to remove its uncertainties as far as possible, and to prevent the evils which frequently arise from private and informal betrothals. (Prooemio decreti Ne temere.) 243 2-44 CASES OF CONSCIENCE 2. AMiat does the decree lay down about betrothal? " Only those betrothals are considered valid and pro- duce canonical effects which have been contracted in writing signed by both the parties and by either the parish priest or the ordinary of the place or at least by two wit- nesses. In case one or both the parties be unable to write, this fact is to be noted in the document and another wit- ness is to be added who will sign the writing as above, with the parish priest or the ordinary of the place or the two witnesses" (Sect. 1). 3. What authority have coadjutor missioners in England? They are delegated by the bishop to exercise the cure of souls, but according to the Provincial Councils and the declared intention of the bishops, they must exercise it in dependence on the head priest. ^ 4. What about the difficulties of Titius? One of the objects of the new law was to prevent the inconveniences arising from mutual promises of marriage privately entered upon. For as the decree says: " Experi- ence shows that they are an incitement to sin, causing the deception of inexperienced girls, and afterward giving rise to inextricable dissensions and disputes." The first section of Ne temere, therefore, provides that " only those," etc., as above. This section would be valueless for the object in view unless it invalidated betrothals made otherwise than is laid down. So that we must conclude that betrothal not made according to the decree has no binding force directly and of itself. The S. C. super neg. eccles. extraord., 5 Nov. 1902, decided that informal betrothals were invalid in conscience and in law in Spain and in Latin America, where a similar law 1 Manual of Moral Theology, vol. i, 630. INFORMAL BETROTHAL 245 to Ne temere has long been in force. This doctrine is maintained by most commentators, e.g., by Gonnari, Ojctti, Vermeersch, Ferreres, Bcsson. The term parisli priest comj)riscs the coadjutors as well as the head priest, but the former are bidden to exercise their authority in dependence on the liead priest; cum dependentia a Rectore. AN ACTION FOR BREACH OF PROMISE TiTius familia3 divitis filius matrimoiiium scrio sed verbis et litteris amatoriis tantum Catharinse honestse puellae promisit. Per duos annos Catharina eum admisit ad familiaritatem inter sponsos consuetam, quum ejus amor refrigescere inciperet ac post aliquot menses matri- monium cum Bertha multo Catharina ditiore contraxit. Catharina rehcta vix spem aut desiderium alterius sponsi habet at confessarium rogat utrum tuto in conscientia actionem contra Titium de promissione fracta intentare valeat quum non ahter habeat unde honeste sustentetur. Unde qu2eritur: 1. Quid requiratur ut sponsaHa sint vaHda? 2. Num ex sponsalibus informibus ulla obhgatio oriatur? 3. Siquod jus ex sponsahbus informibus oriatur num illud prosequi in curia civiH Hceat? 4. Quid ad casum? Solution 1. What is required for vahd betrothal? The decree Ne temere lays down that: " Only those are considered valid and produce canonical effects which have been contracted in writing signed by both the parties and by either the parish priest or the ordinary of the place, or at least by two witnesses." 246 AN ACTION OF BREACH OF PROMISE 247 The second (lucstion was answered above, p. 214. i^iit licrc it must he borne in mind that although no obligation arises directly from informal betrothal in itself, yet obligations do arise indirectly from such betrotlial when they are tlie cause of serious injury to another. There is always an obligation in justice to make repara- tion for wilful and culpable injustice done to another. 3. If any right arises from informal betrothal may an action be brought in the civil courts? Per sc questions about marriage and betrothal belong to the ecclesiastical courts. But in countries like England and the United States where no legal force is recognized in ecclesiastical sentences of the Catholic Church, certain cases may be brouglil into the civil courts which would otherwise have to be tried in the ecclesiastical courts. ^ In cases especially where the injury is not doubtful, and the only practical question is one of damages claimed for the injury, there seems no objection against appljang to the civil courts. 4. The case. Catherine has a right to damages for the cruel deception that was practised on her, and for the ruin of lier prospects, although the betrothal was not valid in itself. English law gives her a right of action in such, a case, and the Church certainly does not wish to deprive her of it. Her confessor, therefore, may tell her that she is perfectly justified in suing Titius for damages for breach of promise in the civil court. 1 Manual of Moral Theology, vol. ii, 282. A PROMISE COXFIRMED BY OATH TiTius Catholicus familiaritatem cum Titia pariter Catholica contraxit. Quodam die teiitatione victus Titius inducere Titiam ad peccandiim secum voluit. Rcsis- tenti Titiae promisit etiam sub juramento se postea earn in uxorem ducturum, quibus auditis Titia in fornicationem consensit. Post aliquot menses pra?gnans effecta Titia impletionem promissionis juratse urgcre incoepit; quum vero Titius nunc melius ejus dispositionem cognoscat nee propter ejus asperitatem spem ullam de \ita maritali cum ea felici habeat, quum etiam amor suus refrixisset, quaerit a confessario utrum promissioni juratse stare teneatur. Unde quseritur: 1. Num obligent sponsalia jurata quamvis non scripta? 2. Ad quid et quomodo sponsalia obligent? 3. Quomodo sponsalia dissolvantur? 4. Quid ad casum? Solution 1. Does a sworn promise to marry bind when it is not in writing? An unwritten promise to marry is made null and void by the decree Ne temere, and what is invalid can not be made valid and obligatory by adding an oath — accessorium Sequitur principale. 248 A PROMISE CON FIRM Eb HY OATH 249 2. To what and how does bettotlinl hind? Vahd betrothal hinds the parties by a serious obhgation of justice to fulfil the contract at the time fixed, or if no time was fixed, then at a reasonable time.^ 3 How is beti'othal dissohcd? Betrothal ma\- be dissolved by mutual agreement of the betrothed, by the happening or detecting of a circum- stance of importance by one of the parties whicli would have prevented him from making the engagement if it had happened or been known before, by embracing a more perfect state of life, by a dispensation of tlie Pope for good reason. 2 4. The case. Neither the promise made by Titius nor the oath which he took are valid or obligatory in themselves. It was a turpis contractus, and moreover it was not in writing, and so it was invalid b}- the decree Ne temere. The oatli as being accessory was also invalid. However, Titius by an invalid promise has induced Titia, who otherwise was unwilling, to connnit sin with liim, and she is now pregnant. She will be injured for life unless he marries her. He will be justified in offering her money and trying by other means to induce Iut to fi'ce liini from his obligation to prevent harm following to liei- from his action. Hut if notliing Init marriage will satisfy her and safeguard her reputation, Titius will be bound to marry her, unless indeed incompatibility of temper makes a happy marriage utterly hopeless.-^ ' Manual of Moral Theology, vol. ii, 256. 2 Ibid., 260. * Bucceroni vol. ii, n. 920. DEBTS OF BETROTHED TiTiA vidua quae promiserat se Paulo nupturam ad confessariuin accessit eumque rogavit utrum inanifestare sponso teneatur se debitis ad ducentas libras sterlinas esse oneratam nee habere unde solvat, timebat enim ne Paulus quum de do1)itis audiret a sjionsalibus resiliret. Unde quseritur: 1. Quaenam ex sponsalibus oriantur inter sponsos obligationes? 2. Num sponsa sponso defectus manifestare teneatur? 3. Qusenam ex lege Anglica sint quoad debita uxoris obligationes mariti? 4. C^uid ad casunT? Solution 1. What obligations between the betrothed arise from betrothal? They are bound in justice to keep their engagement and to mari'y at the time agreed on, or within a reasonable time; they are bound to Hve chastely; one party may not go and live at a distance so that intercourse becomes impossible without tlic knowledge and consent of the other. 1 1 Manual of Moral Th(>ology, vol. ii, 256 ff. 250 DEBTS OF liKTHOTIlEI) 251 2. Is ono who is betrotlicd hound to make known to the other party any defect lie lia«? If one party labors undci- a secret defect which will be injurious to the other party after marriage, such secret defect should be iiiadr known to llie (jther ]mrty. Other- wise, there will be no oljligation to make it known, even thougli it would give the other party a right to l)reak off the engagement if he sliould discover it.^ 3. Is the husband hable tor tlic debts of his wife? A husband is liable for debts contracted by his wife as his agent for the supply of necessaries for herself and chikh"en; he is also liable for her torts committed during the covertiu'e. At common law a husband was also liable u])on his wife's contracts made before marriage, but by the Married Women's Property Act, 1882, the hus- band " sued jointly with his \v\ie in respect of a cause of action arising against her before the marriage, is liable only to the extent of such assets as he received oi- might (but for his own default) have received with her; and if he received none, then he wnW have his costs of defence, and the judgment for the debt or damages vnW be separate against the wife, and may be satisfied out of tlic wife's separate estate, if she has any." ^ ^ 4. The case. If the hus])and were liable for his wife's ante-nuptial debts, Titia should make known her indebt- edness to Paul before the marriage, otherwise he will sufToi- serious injury and probable estrangement from her. l^ven as English law stands at present it will be advisable for Titia to tell her future husband what he will be pretty sure to find out for himself either before or after marriage. As ' Mamuil of Moral Thoology, vol. ii, 262. ^ Stephen's Commentaries, vol. ii, 377. 252 CASES OF CONSCIENCE in the circumstances Paul would not be held liable for Titia's debt of £200, there is the less reason why he should not be told, although she is under no strict obligation to tell him. 5 MATEHXTTV T.MPOSSTBLE Pathicius semel et itci'iim pciiil a Birgitta ut sibi iiubere vellet; Birgitta licet iiiterius minime invita nun- quam quidem directum dedit responsum, ita vero se gcssit ut vulgo haberetur pro desponsata. Aecidit autem ut Birgitta graviter aegra cogeretur petere nosocomium, ubi suadcntibus medicis subiit operationem nescio quam chirurgicam unde mox convaluit. Exeunti ex nosocomio obviam fit Patricius (jui narrat sua negotia feliciter suc- cessisse nee jam opus esse ut nuptia) amplius differantur modo velit Birgitta diem assigiiare Simul traditur Birgitta? epistola a iiosocomii moderatrice jussu medi- corum conscripta ubi hffic habentur: " Animo retinere debes, carissima, post istam operationem impossibile esse ut uncjuam mater fias." Birgitta prudenter se exeusat quin statim responsum det Patricio et consulit confessarium de tota re. Qua^itur: 1. Quid sint sponsalia et num credondum sit extitisse vera sponsalia inter Patricium et Birgittam? 2. Num su})ponendo Birgittam subiisse ovariotomiam perfectam ipsa effecta sit incapax matrimonii? 3. Num saltem Birgitta teneatur monere Patricium de lectis in epistola? 4. Quid ad casum? 253 254 CASES OF CONSCIENCE Solution 1. What is betrothal, and were Patrick and Bridget betrothed? Betrothal is a mutual and lawful promise of future marriage between persons who may marry lawfully. As there was no written agreement between Patrick and Bridget there could be no question about their betrothal if all that passed happened after April 19, 1908. Before that date it would have been doubtful whether there was a true engagement between them.^ 2. Was Bridget made incapable of marrjdng on the supposition that she had undergone complete ovariot- omy? The question is cUsputed among experts and at present no certain an wer can be given to it. AVhen a case arises, it should be referred to the bishop, who will consult the Holy See if he can not decide it himself. 3. Is Bridget at any rate bound to tell Patrick about her condition? She certainly must not attempt to marry him without letting him know what the doctors have told her. The possibility of having children is the primary end of marriage, and if it has been made impossible by a surgical operation, the future husband has a right to know the fact, even on the supposition that valid marriage is still possible.^ 4. The case. AATiether the events narrated in the case took place before or after Easter, 1908, the confessor should tell his penitent that she should not marry before hearing from the bishop, to whom the case should, be sent. ' Manual of Moral Theology, vol. ii, 251 2 Ibid., ii, 294. MA TERNITY I M POSSIBLE ioo The precise nature and effoft of tlio operation should },o learned if jwssible from llie surgeons who i)erformed it and tlic details should he scut to the hislioj), who in case of doubt will send them to the Holy See, so that a practical decision in the case may be arrived at. G PARENTS AGAINST MARRIAGE Caifs juvenis Catholicus familise honestae et mecliocriter clivitis, recenter locum directoris tabulae argentariae obti- nuerat {bank manager). In oppido ubi degebat familiari- tatem contraxit cum Titia, puella Catholica et honestae quidem conditionis sed valdc paupere. Caius et Titia brevi matrimoniimi sibi mutuo in scriptis promiserunt. (^uod quum Caii superiores audirent sibi rem valde dis- plicere indicaverunt Caii parentibus, quia directorem tali loco matrimonio praesertim tali conjungi noluerunt. Parentes ne loco dimitteretur filius eum proliibuerunt quominus matrimonium cum Titia iniret. Caius igitur litteris ad Titiam missis licentiam resilientli petiit, respon- sum vero sat acerbum ab ejus matre accepit Titiam lac- rimis continues tabescere, ej usque confessarium dicere Caium sub gravi cito ad promissionem im}jlendam teneri. Caius responso accepto ad suum confessarium accessit, qui rogat : 1. Quid sint sponsalia, quodnam jus pariant, quandonam implenda sint? 2. Num filiifamilias consulere parentes de matrimonio ineundo teneantur? 3. Num ]jra'cepto parentum ut sponsalia abrumpantur sit obtemperandum? 4. Quid ad casum? 256 PARENTS AGAINST MARRIAGE 257 SoLCTloX 1. What is l)flr(jllial, uJial j-i. 410). 2. Is moral certainty of death required in the internal forum as well as in the external? Yes, because otherwise there will be a doubt as to whether the second marriage is valid or not. 3. What is to be thought about the opinion of Ballerini? According to the common law the freedom of parties who wish to be married must be proved in legal form to the satisfaction of the Ordinary. In many places this is not done, but the death of a former spouse should be morally certain from public arguments; the mere subjec- tive certainty of the parish priest is not sufficient. In this sense Ballerini's opinion may be accepted. 4. "\Miat about the advice of Francis, and the use of the second marriage? Francis did wrong to approve of Clare's conduct. She was in a difficult position, it is true, l^ut she should not have put herself in it. At any rate it does not justify 1 Opus Morale, tract, x, c. 2, n. 676. 278 CASES OF CONSCIENCE her in marrying before the registrar a second husband while she is not certain that her former hus]")and is dead. However, as the second marriage took place in England before clandestinity became a diriment impediment of marriage, and Clare thought that her former husband was dead, and acted on the advice of a priest, and Robert knew nothing about the former husband, Clare may live with him as liis wife, but she will have to separate from him if her former husband proves to be alive. She should be told of her obligation to l)ring up all her children as Catholics, and to pray for the conversion of Robert. 14 DOriiTFrL liAPTISM AXI) MAIMMACE TiTius ct Titia conjuges et religioiio soctio Aiiglicanic rogavorunt Caiiini sacerdotoin lit ijjsos in I"]c'clcsiam Catholicam rociporct. Do eoniiii hapli.siuate iiuiuirens Caius iiivenit Titiam probabilitcr fiiissc, Titium vero certo mmquam baptisatum; iiisuiKT eos esse in Icrtio gradii consanguinitatis con j line tos. (^uiini vero juxta recentem (luomdam theologum probabilitcr ba|)tisati certo Ecclesia? Icgibus sint subjecti, jiiclicabat Caius primuni dispensationem esse petendam ut saltern nunc Titius et Titia validum matrimonium inirent. Alius vero sa- cerdos matrimonium ab initio fuisse validum putabat. Unde ciuseritur: 1. Quid censendum de sententia recentis illius theologi? 2. Quinam sint legibus Ecclesia) matrimonialibus subjecti? 3. In dubio de baptismo (juid pr(jnunciandum de vali- ditate matrimonii? 4. Quid ad casum? Solution 1. "\Miat is to be tliouglit of the oi)inion referred to? The opinion is that of Lehmkuhl: " Dubie baptisati jure divino jurisdictioni Ecclesia3 subsint." ^ Of this 1 Theol. Moral., vol. ii, 426 nota. 279 280 CASES OF CONSCIENCE opinion Fr. "Wernz writes: "At hujusmodi principium liuc usque passim a doctoribus non videtur esse admissum, ncc rationes allata? omnibus esse officaces. Difficulter (luoquc intelligitur (luomodo cjuis vere et objective ligetur legibus irritantibus Ecclcsiaj licet duljia tantum sub- jectiva cxistant de ejus baptismo, atque ipse forte objective careat charactere baptismali, qui ex jure divino est unicum fundamentum dependentias alicujus hominis ut subditi a legibus ecclesiasticis." ^ Genicot says: " Verius ibi meram ]ira\sunii)tioneni reperiri putamus cjuam Ecclesia sequatur in dijudicandis causis matrimonialibus." ^ 2. ^\^lo are subject to the matrimonial laws of the Church? All those who are baptized, even schismatics and heretics, unless the Church has made an exception, as she has done with regard to the law of clandestinity. 3. In a case of doubtful baptism what is to be said about the validity of marriage? The general rule is: " Baptismus dul)ius sive dubio juris sive facti in ordine ad validitatem matrimonii con- tract! vel contrahendi habendus est ut validus." ^ The rule, which has frequently been formulated and acted on by the Roman Congregations, more probably lays down a presumption which is followed as long as the doubt remains, but which must yield to the truth if it becomes manifest. 4. The case. Titia probably had been baptized; Titius certainly had not been baptized, and this fact we presume to have been pul)licly known at the time of their marriage, 1 Jus Dccrotalium, iv, 508 nota (33). - Theol. Moral., vol. ii, 488 nota. 3 Wernz, Jus Decret., lib. iv, n. 507. DOUBTFL L BAl'TLSM AXlJ MAIiJilAdK 281 • not to have hccu detected now foe the fii-st time. Tlio marriage was invalid. " Qui validc aut diihic haptisati fuerint, ii subsunt inijx'dimcntis ctiani jure eccle.siastico dirinientibus. ... At fieri potest ut una jjais \-alidc aut duhie, altera vero iiivalide l)a])tista fuerit. Hoc in casu eoriim matrimoniuni nullum erit oh cultu.s disparitatem " (S. 0. 4 Feb. 1891. A. S. S. XXVI, 02). Titia was also subject to the imjXHliment of consanguinity, antl so the marriage was also invalid on this head. Caius should leave them in good ailli about the validity of their maj- riage, apply for a dispensation from consanguinity in the third degree in the case of converts already married, and after he has received them into the Church and obtained the dispensation, get them to renew their consent before the parish ])riest and two witnesses. 15 AFFINITY TiTius missionarius post plures annos in vinea Domini in Africa meridionali fructuose transactos in patriam redit ad vii-es corporales spirit ualesque reficiendas. In missione pliires casus morales solutu baud faciles sese offerebant, inter quos etiam sequens. Vir quidam primarius inter paganos ad fidem convertebatur, at quum (juatuor uxores haberet tres remittere debuit. Attamen primam nulla- tenus retinere voluit, sed potius ejus sororem inter omnes juniorem et ultimam multis l^obus emptam. Titius vero perplexus dubitabat utruni hoc permit ti posset, etiamsi uteretur suis sat amplis missionariis facultatibus ad dispensationes necessarias concedendas. Quseritur: 1 Num impedimentum affinitatis sit juris naturalis vel ecclesiastici tantum? 2. Quasnam facultates habeant missionarii in partibus infidelium cjuse usui essent Titio in casu? 3. Quid ad casum? Solution 1. Is the impediment of affinity derived from natural or ecclesiastical law? Affinity in the collateral line is certainly derived from ecclesiastical law, and more probably also in the direct line. As a diriment impediment, therefore, it does not 282 AFFINITY 283 affect those who are not baptized. However, even in the non-baptized, carnal intercourse creates a certain natural bond; the parties become one flesh, and this natural bond becomes affinity and a diriment impediment of marriage after Baptism. ^ 2. \\'liat faculties have missioners among infidels which might perhaps be of use in this case? Bishops and even priests in missionary countries fre- quently have the following faculties: " Dispensandi in 3 ct 4 consanguinitatis et affinitatis gradu simj^lici et mixto tantum, et in 2, 3, et 4 mixtis, non tamen in 2 solo quoad futura matrimonia; quo vero ad praeterita etiam in 2 solo, dummodo nullo modo attingat primum gradum, cum his qui ab hseresi vel infidelitate convertuntur ad fidem catholicam et in pra^fatis casibus prolem susceptam declarandi legitimam." " DispensancU cum gentilibus et infidelibus plures uxores habcntibus ut post convcrsionem et baptismum, quam ex illis maluerint, si etiam ipsa fidelis fiat, retinere possint, nisi prima voluerit converti." " Dispensandi in utroque foro cum Catholicis ejus jurischctioni subjectis, in matrimoniis sive contractis sive contrahendis, super impedimento primi gradus affinitatis in linea collaterali ex copula licita provenientis (pro decern casibus)." 3. The case. The first wife is presumed to be the only lawful one, and if she is willing to he converted, her hus- band should adhere to her. If she is not willing to be converted, but is ready to live peaceably with her husband, in this case also he should remain with her, unless he obtains a dis])ensation which may be given in vii'tue of 1 Manual of Moral Theology, vol. ii, 302. 284 CASES OF CONSCIENCE the second of the above facuhies. In case the first will neither be converted nor live peaceably with her husband, the Pauline privilege may be invoked, and the husband will be free to marry any Christian wife. Sometimes among infidel savages there may be serious doubt as to whether the marriage with a first wife was valid on account of the man's intention not to limit himself to one, and for other reasons. In such a case the man would not be married at all. In the case proposed, the woman that the man \^'ishes to retain as his wife is related to him in the first degree of affinity in the collateral line, but sometimes power to dispense in this impediment is granted as by the third of the above faculties, or a dispensation for a par- ticular case may be asked for from the Holy See. From what has been said Titius will see how his case and similar ones must be treated. IG CONSANGUINITY Caius jiivenis adulterium commisit cum Bortha et cum Julia mantis absentibus. Postea cmcndatis moribus Caius honcstissimam mulierem duxit, patemo tamen cum affectu semper secrcto prosequebatur Mariam e Bertha natam et Titium qiiem Julia sibi pcperit. Post aliquot annos mirabundus advertebat Titium et Mariam jam adultos maxima familiaritate inter se esse conjunctos, et tandem obstupefactus audiebat eorum banna in ecclesia proclamata, inire enim matrimonium intendebant. Post aliquot dies secretum quod nemo alius sciebat Caius confessario manifestabat, et de suis obligationibus rogabat. Unde: 1. (Juid sint banna, et quam obligationem matrimonii impedimenta manifestandi inducant? 2. Quo jure inductum sit impedimentum consanguin- itatis, et quomodo computentur gradus consanguinitatis eorum qui ex eodem patre diversa tamen matre originem ducant? 3. Quid ad casum? Solution The first question was answered above, p. 259. 2. To what law is the impediment of consanguinity due, and how are the degrees of consanguinity reckoned of those who have the same father but different mothers? 285 286 CASES OF CONSCIENCE Consanguinity in the fii'st degree of the direct hne annuls marriage by natural law; in the other degrees of the direct line it annuls marriage, but more probably only by eccle- siastical law. It is disputed whether consanguinity in the first degree of the collateral line annuls marriage by natural or by ecclesiastical law; in more remote degrees of the collateral line up to the fourth inclusive it annuls marriage by ecclesiastical law.^ It is immaterial whether both parents of the common stock are the same or only one. 3. The case. The banns of Titius and Mary were pro- claimed, they being the illegitimate childi'en of Caius by different mothers, and so they were half-brother and half- sister. They were related therefore in the first degree of the collateral line of consanguinity, but Caius, their father, was the only pei'son who knew of the relationship. He asked his confessor whether he was bound to do anything to stop the marriage. No, he is not bound to stop the marriage. The impediment is probably only of positive not natural law, the parties are in good faith and know nothing about it, he could not effectually intervene without betraying himself and the two women with whom he had sinned, to say nothing of the danger of spoiling the lives of the young couple. 1 Manual of Moral Theology, vol. il, 299. 17 SACRED ORDERS Caius missionarius sacerdos (iiium advertisset Julium patremfamilias cum iixore sua Ecclcsiam (luidcin fre- quentare nunquam tamen ad sacramenta accedcre, causam caute iiKjuisivit. Tandem ali- tisatam sed ob mortem matris Catholicae ab infantia a patre educatam in religione anglicana, et qiiamvis sint consobrini nihil de validitate sui matrimonii dubitare. Ipse porro rogat quid a se sit faciendum ut tamquam con' juges catholici in ecclesia permaneant. Unde quaeritur: 1. Quomodo procedendum in adultis in Ecclesiam recipiendis? 2. Num hseretici subdantui* legibus Ecclesise praesertim matrimonialibus? 3. Quid ad casum? Solution The first question was answered above, p. 287, and the second, p. 280. 3. The case. The marriage of Caius and Caia was invalid on account of the impediments of clandestinity and consanguinity in the second degree in the collateral line. For the decree Ne temere binds all persons baptized in the Catholic Church, even when they contract marriage with non-Catholics, and Caia was baptized in the Cathohc 315 316 CASES OF CONSCIENCE Church. Paul therefore should ask the bishop for a dis- pensation from consanguinity in the second degree in the collateral hne, and in the meantime leave the couple in good faith. \Mien he has received the dispensation, if there is no good reason to the contrary he should tell them of the impediment and at once marry them in presence of two witnesses after he has received them into the Church. 29 THE MONTH'S STAY OF NE TEMERE Paulus anglicanus pctiit in matrimonium Agnetem Catholicam a qua erat etiam acceptus. (^uum autem episcopus dispensationem ad mixtum matrimonium ineun- dum concedere nollet, Agnes ad Titium parochum con- volabat consilium in angustiis petitura. Titius vero consuluit ut uterque vel saltern unus ad mensem sedes conduceret in alia dioecesi cujus episcopus erat facilior in dispensando ab isto impedimento. Paulus igitur sedes conduxit in parochia Caii alterius dioecesis presbyteri in quibus quindecim noctibus pernoctabat ac tunc petiit dispensationem ut post banna proclamata matrimonium ibidem celebraretur. Caius vero dubitabat utrum licite illud fieri posset necne. Unde quaeritur: 1. Quomodo aliquis fiat subditus episcopi ut ab hoc ejus causae matrimoniales tractentur? 2. Ubinam banna sint proclamanda? 3. Qualis debeat esse commoratio menstrua ut licite coram parocho loci matrimonium celebretur? 4. Quid ad casum? Solution 1. How does any one become subject to a bishop so that his marriage cases are to be tried by him? For validity it is only necessary that marriage should be contracted within the jiunsdiction of the bishop and in 317 318 CASES OF CONSCIENCE his presence or in tiiat of his delegate and two witnesses. That marriage may be lawfully contracted one of the par- ties must have a domicile in the diocese or must have lived there for a month. 2. "WTiere must banns be pubHshed? In the parish church or churches of the parties, and in case of those who have recently come from another parish, in that parish as well.^ If marriage is contracted in a place where one of the parties has dwelt for a month, according to the decree Ne temere the banns should be published there, according to the more probable opinion. 3. A^Tiat sort of month's stay in a place is required by the decree Ne temeref A full month of thirty days or a calendar month, so that one at least of the parties lives in the place and has hved there uninterruptedly for that period. Absence for a few hours, or during the day time, would not interfere with the month's stay.^ 4. The case. The doubt of Caius was well founded. Paul is not a Catholic, and the Church does not give dis- pensations to non-Catholics directly. Besides, Paul has only Hved in Caius' parish for fifteen days, and thirty days are required before a bishop can treat a person as his subject for the purposes of marriage. Agnes would be acting within her rights if she went to another diocese, lived there for thirty days, and then asked for a dispensa- tion. Titius, therefore, might lawfully have suggested this course to her. 1 Manual of Moral Theology, vol. ii, 265. 2 Vermeersch, Ne temere, n. 58. 30 MIXED MARRIAGE Maria Catholica Episcopi dispensatione obtenta ab impcdimcnto mixtie roligionis Titio anglicano nupsit. Post matrimonium contractiim Titius nonobstantibus promissis prohibuit quorniniis unquam Maria ecclesiam Catholicam intraret et crudcliter earn tractare inccepit, unde Maria ad domum paternam rediit ubi a Paulo viro Catholico in iixorem nunc pctitur. Marise parochus qui dispensationem ab impedimento mixtae religionis pro Maria obtinuit, postea certo detexit Titium nunquam fuisse baptisatum, undo quaerit utrum Maria sit adhuc libera ita ut Catholicum et fclicius matrimonium inire queat. Unde qua^ritur: 1. Quo jure statuantur impedimenta mixta? religionis et disparitatis cultus? 2. Quomodo intelligendum effatum — Baptismus dubius cense tur validus in ordine ad matrimonium? 3. Num liceat privata auctoritate divortium semiplcnum instituere? 4. Quid ad casum? Solution 1. By what law are the impediments of mixed marriage and difference of religion established? Marriages between Catholics and non-Catholics are 319 320 CASES OF CONSCIENCE forbidden by natural, divine, and ecclesiastical law; if the non-Catholic party is not baptized, the impediment is diriment by custom having the force of universal law.i 2. How is the rule to be understood about doubtful Baptism and marriage. Theologians are not agreed. Lehmkulil holds that where the Church's authority has intervened in such a case, the words are to be taken quite literally, and that the impediment is removed if it existed on account of the non-Baptism of one of the parties.^ Wernz, Genicot, and others hold that the rule rests on presumptions, so that if the truth afterwards becomes certain, the pre- sumption ceases.^ 3. Is separation by private authority a toro et menm allowed? Yes, by mutual consent for the purpose of leading a more perfect Hfe and when there is no danger of incon- tinence. The innocent party may separate from the other by private authority if that other has been guilty of certain and notorious adultery, as also for a time on account of serious danger to soul or body.* 4. The case. The dispensation for a mixed marriage in all probability did not remove the impediment of dif- ference of religion which really existed between the parties. Indeed the bishops in England as a rule have not authority to dispense from the diriment impediment of difference of religion, though they can dispense in a mixed marriage. Hence, according to the better opinion, Mary's marriage » Manual of Moral Theology, vol. ii, 308 ff. 2 Theol. Moral., vol. ii, 985. 3 Manual of Moral Theology, vol. ii, 313. Mbid., 281. MIXED MARRIAGE 321 with Titiiis was null aiid void. However, the parish priest may not on liis own authority allow her to marry Paul. Both ecclesiastical and civil law stand in the way. He should collect all the evidence that he can, submit it to the bishop, and then await the result. 31 IMPEDIMENT DISPENSED TiTio missionario sacerdoti fuerunt duo parochiani in secundo mixto cum tertio gradu consanguinei qui sponsalibus initis et prole illegitima suscepta contrahere matrimomum voluerunt. Titius dicebat se dispensa- tionem ob prolem legitimandam et ob angustiam loci petiturum, quam mox ab Episcopo obtinuit. Proxima dominica in ecclesia banna fuerunt proclamata et tandem matrimonium fuit contractum, non tamen ante mortem prolis nee ulla fuit mentio sponsis facta de dispensatione obtenta. Quibus auditis Paulus alius missionarius de validitate matrimonii dubitare incoepit. Unde quseritur: 1. Num et qualis causa dispensationis matrimonialis admittatur? 2. Quibusnam angustia loci sit causa canonica? 3. Quomodo sit dispensatio matrimonialis fulminanda? 4. Quid ad casum? Solution 1. Are causes for dispensation admitted in matrimonial impediments and what sort? Not, of course, for impediments of natural or divine law, nor for all impediments of ecclesiastical law, but the Church does admit causes for dispensation from the re- moter degrees of consanguinity and affinity, public honesty, 322 IMPEDIMENT DISPENSED 323 spiritual relationship, occult crime, etc. Canonical causes are required for dispensations, such as: smallncss of the place, advancing age of the woman, deficiency or absence of dowTy, etc., as put down in the Instruction of Propaganda May 9, 1877.i 2. For whom does smallness of place serve as a canonical cause? For the female petitioner alone, as a general rule.- 3. How is a matrimonial dispensation to be executed? No special form is prescribed for the execution of a dispensation. In the internal forum the priest should carefully note and execute the clauses of the rescript, and tell the penitent that he is dispensed, hi the external forum, the bishop after the causes alleged for the dis- pensation and the other particulars have been verified, and the dispensation drawn up and signed, ^\dll either execute the dispensation himself by calling the parties before him, absolving them from censures, and teUing them that they are dispensed; or he will commit these duties to the parish priest.3 4. The case. The impediment under wiiich the parties labored is one of those which are called minoris gracilis, and from which bishops can usually dispense by special faculties granted to them by the Holy See. We presume, therefore, that the dispensation was granted by the bishop. It took its effect and removed the impediment when the document was signed by the bishop. At that time apparently the child was alive, so that both causes alleged for the dispensation subsisted when it was granted, ' Manual of Moral Theology, vol. ii, 339 ff. * Ibid., 343. ' Gasparri, De Matrira., vol. i, n. 392 seqq. 324 CASES OF CONSCIENCE and although one of them ceased before the marriage, this fact did not affect the validity of the dispensation. The marriage, therefore, was validly contracted, although the parish priest should have executed the dispensation in the manner described above. 32 A COMPLICATED CASE Caius matrimoni(j cum Martlia Dublinii contracto post paucos annos uxore domi relicta Americam petiit. Paulo post Martha caeco amore capta Titii acatholici et consan- guinei in tertio gradu Caii cum eo luxuriose versata est. Quum jam decern amii elapsi essent et nihil de Caio audivis- sent Titius valde urgebat ut relicto Dublinio Liverpolium irent. Consentit tandem mulier et ibidem in ecclesia Protestantica ad evitandas quaestiones molestas de libero eorum statu, matrimonium contraxerunt. Postea quum sex annis in urbe commorati essent et liberos suscepissent, audi\dt Martha a pluribus testibus mediatis quidem at fide dignis Caiuni in America obiisse. Tempore missionis dolore correpta miserrima ad Joannem confessarium accedit. Audit ipse historiam Marthae et testimoniis pro morte Caii bene perpensis judicat nihil obstare quominus obtentis dispensationibus matrimonium cum Titio ineat. Quocirca ad rem componendam litteras episcopo scribit, de Titio et Martha concubinariis narrat, pro dispensation- ibus requisitis supplicat, nihil tamen innuens de Caio forte superstite nec'de matrimonio mala fide jam attentato. Unde quaeritur: 1. Dubio exorto de impedimento ligaminis cuinam incumbat judicare de statu libero eorum qui matrimo- nium contracturi sint? 325 326 CASES OF CONSCIENCE 2. Quiienam dispensationes requirantur et qusenam circumstantiae explicari debeant in casu pro validitate dispensationum? 3. Quid dicendum de modo agendi Joannis? Solution The first question was answered above, p. 273. 2. AMiat dispensations are required and what circum- stances must be explained in the case for the vaUdity of the dispensations? Titius was not a CathoHc, and he was related in the third degree of consanguinity to Caius, the first husband of Martha. Moreover, as there was adultery and attempted marriage by the parties, there exists between them the impediment of crime. Dispensations, therefore, for a mixed marriage, for affinity in the third degree, and for the crime of adultery with attempted marriage will be required. Besides, the evidence cited in the case is not sufficient to produce moral certainty of the death of Caius by itself; and at any rate in such circumstances it is for the bishop to judge whether the party is free or not; a simple priest is incompetent in such a case.i The circumstance that marriage was attempted in bad faith in the Protestant Church must be mentioned in the petition for a dispensation, and this is required for its validity according to the Instruction S. C. de P. F., May 9, 1877. 3. The case. John did very wrong and made several serious blunders. He usm-ped the office of the bishop by deciding that the parties were free to marry, though 1 Genicot, vol. ii, 492. COM PLICATE I) CASE 327 there was not conclusive and first liand evidence of the death of tlic first husband of Martlia. He made no mention of the attempted marriage in bad faith and in the Protestant Church, and from this we may gather that he failed to detect the existence of the imjiediment of crime between the parties. He shoukl take the earliest oppcjr- tunity of re^joating his Moral Theology. 33 MARRIED A WIDOW WITH THREE CHILDREN Ad pedes Caii confessarii accedens Balbus Catholicus facta sequentia exponit,. Nunc annos triginta natus anno praecedenti spretis legibus ecclesiae matrimonium con- traxerat coram ministro Protestantico cum Titia acatholica vidua quadi'agenaria et tribus liberis onerata ex priori conjugio. Nee fuerunt ignari impedimentorum, nam Balbus erat consanguineus Titise in tertio gradu collaterali inaequali mixto cum secundo, et prseterea rem habuerat cum Bertha sorore Titise. Balbus nunc poenitens petit a Caio ut dispensationibus obtentis rem componat, pecca- tum vero cum Bertha Caio soli revelasse affii'mat. 1. Quodnam sit discrimen inter impedimentum publi- cum et occultum? 2. Quaenam sint rationes prsecipuae quas S. Sedes habere solet sufficientes ad dispensationes concedendas? 3. Quomodo possit dispensatio invalida evadere ob subreptionem vel obreptionem? 4. Quot dispensationes sint requisitse in casu; (jusenam causse possint a Caio allegari; quid a Caio faciendum? Solution 1. What is the difference between a public and occult impediment? Public; impediments are those which of their own natm*e or in fact are known to the greater number of people in 328 MARRIED A WIDOW W ITll TllliKE CHILDREN 329 the parish, and ran be 1)1-()\T'(1 by witnesses; oecuU im- pediments are tliosc wJiich can not he proNcd by the evidence of two witnesses. The second question was answered above, )>. 322. 3. How can a dispensation become invalid by subrep- tion or obreption? Subreption is the omission of what should be mentioned; obreption is a false statement. Subreption or obreption in the petition fur a tUspensation render it invalid if they occur in the motive cause, not if they occur in the impulsive cause for granting a dispensation. ^ However, dispensations minoris gmdus are granted by the S.C. on the discipline of the Sacraments ex molu proprio et ex certa sdentia, and are not invalid on account of subreption or obreption .^ 4. How many dispensations are required in the case; what causes may be alleged by Caius; what is to be done by Caius? There is the prohibitory impediment of mixed marriage, the public impediment of consanguinity in the third degi-ee mixed with the second in the collateral line, and the occult impediment of affinity ex copula illicita in the first degree of the collateral line on account of the sin with Bertha. As Titia is not a Catholic no account can be taken of lier in asking for a dispensation. Putting a stoj) to grave scandal, and open and incestuous concul^inage, may be alleged as causes for a dispensation. The mamage in bad faith before the Protestant minister should also be mentioned, though it may make th(> dispensation more difficult to obtain. Caius should first ask the ' Manual of Moral Theology, vol. ii, 342. 2 NoriniE-Peculiares, Sept. 29, 1908. 330 CASES OF CONSCIENCE bishop for a dispensation for the mixed marriage, and the impediment of consanguinity, without mentioning the occult impediment. He should then apply to the Penitentiary in Rome for a dispensation from the occult impechment, mentioning the other public impediments in the case.i 1 Gasparri, De Matrim., vol. i, n. 327. 34 WHICH BISHOP HAS JURISDICTION? TiTius Catholicus qui degebat in vico quodam dioecesis A. sponsalia iniit cum Bertha sui consobriiii filia acatho- lica, quae in parvo vico habitabat dioecesis B. Quo facilius sponsam inviseret et ut loco ubi laborabat esset propin- quior, ad tres menses sedes conduxit Titius in vico Berthse. Quum foi-nicationem commisissent et matrimonium esset urgendum ob expectatam prolem, ad Juliuni niissionarium loci accessit Titius et petiit ut dispensationes necessarias obtineret, quum frustra peteretur dispensatio ad mixtum matrimonium ineundum in dioecesi propria. Julius invenit Bertham habere viginti sex annos, optime esse dispositam ad fidem amplectendam, nolle tamen eam amplecti ante matrimonium ob repugnantiam parentum. Unde quaeritur : 1. Quaenam in genere sint in supplici libello exprimenda quando dispensatio matrimonialis petatur? 2. Quaenam existant impedimenta et quaenam causae dispensationis dandae in casu allegari possint? 3. Quid ad casum? Solution 1. What in general must be inserted in the petition for a dispensation? The name and surname of the petitioners, the diocese of birth or domicile, the species and number of impediments, 331 332 CASES OF CONSCIENCE the degree of consanguinity, affinity, etc., and various circumstances.^ 2. T^Tiat impediments are there in the case, and what causes may be alleged for the dispensation? The parties are related in the third degree of con- sanguinity mixed with the second in the collateral line, and they are of different religions, so there are two im- pediments, consanguinity and mixed religion. As Bertha is not a Catholic, no account can be taken of her when asking for a dispensation. Previous connection, pregnancy, and legitimization of offspring, danger of a ci\al or non- Catholic marriage, may be alleged as causes for the dis- pensation. 3. The case. If Titius has not yet lived in the diocese B for a month, the bishop of that diocese has no jurisdic- tion with regard to his marriage or granting the dispensa- tion. If he has lived there for a full month he can be married there according to the decree Ne temere. Most probably the same bishop also obtains jurisdiction over Titius by his month's stay in the diocese so that he can grant dispensations for impediments which hinder his marriage. Otherwise the bishop of diocese A will alone be competent to grant the requisite dispensations, unless Titius is prepared to go direct to the Holy See. 2 J Manual of Moral Theology, vol. ii, 346. 2 Vermeersch, A'e temere, n. 98 bis. 35 REVALIDATION OF MARRIAGE Anna religioiic aiiglicana per alicjuot liobdomada.s degebat (luodain loco ad quern valotudinis causa multi coiifluere solent. Ibi petit a PhiIii)po loci missionario Catholico ut in Ecclesiam recipiatur. Philippus invenit earn optime instructam et bene dispositam et nihil videri obstare quominus statim in Ecclesiam recipiatur. Atta- nien invenit earn matrimonio esse conjunctam cum con- sobrino pariter anglicano qui putat matrimonium esse validum et nullatenus consentiret iterum publice vol privatim renovare consensum. Unde quceritur: 1. Quinam subjiciantm- legibus Ecclesiae matrimoniali- bus? Num haeretici? 2. Num ignorantia vel incommodum grave ab imped- imento dirimente matrimonii excuset? 3. Ad quem sacerdotem spectet tractare causas ma- trimoniales? 4. Quid a Phili]jpo faciendum? Solution The first question was answered above, p. 292. 2. Does ignorance or gi-ave inconvenience excuse from a diriment impediment of marriage? Neither ignorance nor a gi-ave inconvenience, affecting 333 334 CASES OF CONSCIENCE indi\'iduals only, excuses from Ji diriment impediment. A grave inconvenience of a public nature does excuse. ^ 3. To whose office does it belong to treat of marriage cases? Marriage is a parochial sacrament and it belongs to the parish priest to treat of anything concerning it. Where there are several priests who have the cure of souls in one parish, it belongs to the head priest to treat of marriage cases, but with due dependence on him the o there may also undertake them. 4. The case. Ann's marriage with her cousin was invalid on account of the diriment impediment of con- sanguinity in the second degree of the collateral line. It is of its own nature a public impediment, and if Ann does not know of it now, she may find it out at any time. To prevent future difficulties it should be revalidated, and also because if the parties are in good faith, even mate- rial sins should be prevented as far as possible. PhiHp therefore should write to the bishop of the diocese in which Ann is staying, if she has been there for at least a month, and where she Avill be received into the Church, and ask him to grant a dispensation for revaHdating a mixed mamage between cousins in favor of one who has been converted. The dispensation should be granted to take effect when it is executed. Ann should induce her husband to appoint a proxy for him; it is to be presumed that he will do at least this to please his wife. Then on the day on which Ann is received into the Church, Philip can execute the dispensation at once, and revalidate the marriage by causing Ann and the proxy to go through the form of marriage before him and two witnesses. If 1 Manual of Moral Theology, vol ii, 285 f. REVAUDAriON OF MARRIAGE 335 Ann has not lived at the place for a full month, she should be received into the Church and dispensed in her own diocese, unless her bishop has power to dispense his sub- jects diuing their absence from the diocese, as bishops sometimes have.^ * Putzer, Comment, in Facult. Apostol., n. o'2. 36 COHABITATION OF MARRIED PEOPLE Caia Catholica et uxor Titii Protestantici, officialis in qiiadam colonia, venit in patriam ut invigilet circa educa- tionem filiarum in conventu monialium habendam, quo fine ducta prope conventum habitat. Post aliquot menses Titius rogat imo jubet ut ad ipsum revertatur, Caia tamen semper se excusat eo quod debeat educandas filias ipsa curare, ac tandem Titius publice concubinam sibi assumpsit. Quo audito Caia de prseterito ac futuro anxia petit a con- fessario utrum teneatur ad maritum revertere. Unde quseritur: 1. Qusenam sint obligationes conjugum quoad cohab- itationem? 2. Num liceat publica vel privata auctoritate divortium semiplenum instituere? 3. Utrum pares sint in juribus quoad semiplenum divortium maritus et uxor? 4. Quid ad casum? Solution 1. What are the obligations of married people with regard to cohabitation? From the nature of the marriage contract and to secure the ends of marriage those who are married are bound to live together, unless by mutual consent they agree to live 336 COHABIT AT lOX OF MARRIED PEOPLE 337 apart for a time and there is no danger of scandal or incon- tinence. This obligation is one of justice and is grave in serious matter.^ The second question was answered above, p. 2GG. 3. Are husband and wife equal in the matter of rights about separation? In general, husband and wife are equal in the matter of conjugal rights' though the husband as head of the family has authority over her and is her superior. The causes then, such as adultery, on account of which one consort is allowed to separate from the other, favor hus- band and ^^^fe equally. Because the husband has the duty of providing for the family, lawful causes of absence from his wife will more frequently exist in his case than in hers, and because of this and of her inferior position the wife will be called upon in general to follow her husband, and not vice versa. 4. The case. Titius was a colonial official, and his wife Caia w^ent to the mother country to see to the educa- tion of her daughters. She put her daughters in a convent and took up her residence in the neighborhood. Her husband sent for her but she refused to go, under the pretext that she had to look after the education of her daughters. She became uneasy in conscience when she heard that her husband was hving with another woman. Caia's uneasiness was justified. Her husband bade her come out to him and she had no good reason for refus- ing. The education of her daughters would probably proceed better without her presence than with it. Objec- tively she committed a grave sin in not obeying her hus- band and exposing him to the danger of incontinence. ' G^nicot, vol, ii, n. 552 ff. 338 CASES OF CONSCIENCE She is bound to do what she can to repair her fault and bring back her husband from his sinful course of life. But now on the supposition that Caia knows for certain that her husband has committed adultery she has the right to separate from him. Although her disobedience was the occasion of his sin, yet we must not presume that she acted as she did with the view of making him commit adultery, and on that supposition she did not lose her right to separate from her husband on account of his adultery. 1 1 Gasparri, De Matrim., vol. ii, n. 1113. 37 A TROUBLED WIFE Caius coiifessarius rogat (luid a se sit in casu sequenti faciendum. Ad confessionem accessit Titia conjux Titii quos bene utpote parochianos cognovit Caius. Post confessionem peractam Titia rogabat utrum congressus maritalis quin maritus opus debite perficeret licitus asset. Quum Caius negasset respondit Titia maritum id affirmare imo ssepe ex consilio medici propter debiles uxoris vires, quae pariendi et nutriendi prolem sit minus capax, ita agere. Tacuit tunc Caius, sed crevit diflicultas quum mox ad confessionem accesit Titius nee tamen verbum de re cum uxore male gesta dicebat. Unde qua^ritur: 1. Num constet onanismum esse peccatum et quale? 2. Quod consilium sit uxoribus dandum anxiis de onanismo a maritis patrato? 3. Num monendi sunt poeiiitentes in bona fide con- stituti de male a se patratis? 4. Quid ad casum? Solution 1. Is it certain that onanism is a sin and what sort? From the way in which Holy Scriptiu-e mentions it {Gen. xxxviii. 9), from the teaching of the Chiu*ch, and 339 340 CASES OF CONSCIENCE because it is a gross perversion of nature; it is certain that onanism is a grave sin.^ 2. Quod consilium sit uxoribus dandum anxiis de onan- ismo a maritis patrato? Monendse sunt ut faciant quod in se sit ut mariti debito modo actum perficiant, quod si non succedant, modum ne approbent, et licite materialiter tantum cooperentur in peccatis maritorum.^ 3. Are penitents to be admonished who in good faith do what is wrong? They must be admonished if what they do is a cause of pubHc scandal, or if their good faith is not perfect and they are doubtful about the matter. They must be admonished also if in all likehhood they would obey the admonition. If the admonition would be productive of more harm than good it should not be given.3 4. Ad casum. Quamvis bona fides circa liceitatem onanismi non sit prorsus impossibilis etiam apud Catholicos, attamen ad longum tempus perdurare vix potest. Episcopi enim et sacerdotes imo et honesti laici claris verbis et scriptis illud crimen condemnare solent. Quando igitur Titius ad confitendum accedit, nee tamen de onanismo quidquam dicit, debet Caius generalibus verbis eum interrogare num aliciuid habeat quod conscientiam remor- deat, vel aliquid simile. Quod si neget Titius, videtur Caium posse acquiescere ac absolutionem impertire. Credendum enim est poenitenti tum pro se turn contra se loquenti. Nee licet Caio manifestare quod ex Titian confessione audivit. Si vero Titia iterum rei mentionem 1 Manual of Moral Theology, vol. ii, 363. 2 Ibid., 363. » Ibid., 223. A TROUBLED WIFE 341 in,G;erat, debet Caius aperte diccre rem esse prorsus illicitam, Tiliani ojjortcre facere (juod possit ut maritum corrigat, ac si nihil profifiut cam posse materialem cooperationem prffistare actui (lueni inijiedii-e non valeat. Quoad pericula vero sanitati vel etiam vita) qua? medici ali(iuando exag- gcrare sclent Titia sc Deo committat.^ iBucceroni, Theol. Moral., vol. ii, n. 824; Gdnicot, vol. ii, n. 551. 38 A HUSBAND IN DIFFICULTIES Caius confessario narrat se esse anxium dc modo agendi cum propria iixore. Hsec enim, ait, valde est debilis, imo mediciis (juidam peritus earn nomiisi cum proximo periculo mortis iterum parituram declaravit. Ipse Caius e contra robustus est, et vix ullam spem se continendi habet. Imo ssepe tactibus impudicis cum uxore in Icctulo indulsit, unde non raro pollutionem est passus; aliquando copulam incepit nee tamen perfecit ob metum ne proles generaretiu". Vult hsec omnia quatenus peccaminosa confiteri, et consilium de futuro humiliter rogat. Unde quaeritur: 1. Qusenam sint obligationes mari tales conjugum, et qusenam ipsis permittantur? 2. Num quocumque tempore copula habeatur sequa sit spes prolis generandae. 3. Quid ad casum? Solution 1. Quaenam sint obligationes mari tales conjugum, et qusenam ipsis permittantur? Conjux sub gravi tenetur alteri rationabiliter petenti reddere debitum conjugale, ac proinde simul cohabitare conjuges regulariter obligantur. Praeterea signa con- jugalis amoris sunt a conjugibus mutuo exhibenda. Quae iis licent in sequenti regula continentur: " Quod utile est ad actum conjugalem exercendum licet; quod est 342 A IIUSBAXD IX DIFFICCLTIES 343 contra prolis gonomtionem vol tonditad illani inipodiendam est gra\iter illiciluiii; (luod iioii est contra prolis gencra- tionom, (|iianivis sit propter illani, saltcni nun est graviter illicit urn." ^ 2. Niim (juocunKiuo tempore c(>j)ula haljeulur a^qua sit spes prolis generandic? Res est incerta. Aliqui putabant tempus inter duos dies ante menstruationem et (luatuordecim dies post esse magis aptum ad ])i-()lem ccrtius generandnm, ac proinde si conjuges nolini piolcm ex copula secjui eos ponae evitare hoc temporis sjjatiuni et copulam exercere extra illiid. Nihil prohil)et ciuominus ita faciant, sed utrum finem intentum adepturi sint valde dubium est.^ 3. Ad casum. Tactus ita impudicos exercere ut prox- imum pollutionis periculum inducatm- etiam conjugibus sub gravi prohibetur. Tactus non ita impudicos exercere citra proximum periculum pollutionis quamvis aliquando pollutio seciuatur cui tameii non consentitur nee quae intenditm' non censetur sub gravi conjugibus prohibitum, ne sub veniali (juidem dummodo sit causa justa, qualis est amor conjugalis fovendus. Juxta has regulas judicium est ferendum circa tactus impudicos a Caio exercitos. Copulam incipiendo nee tamen perficiendo ob metum prolis generanda) onanistice et gra\Tter Caius peccavit, nisi experientia ipsi constet eum posse ita agere sine prox- imo periculo pollutionis.^ Quoad futm'um Caius honesto et debito modo officia mai'italia exerceat, se ipsum ac uxorem magna cum fiducia Deo commit tendo. ' Manual of Moral Theology, vol. ii, 3G2. - Gonicot, vol. ii, n. 551. Mbid., 551. 39 UNWILLING TO llETURX TO HER HUSBAND TiTiA Catholica petit a coiifessario utriini ad Titium mar- itum revertere tencatur in se(iuentibus circumstantiis. Titius miilto semper iuit veiieri deditus ita iit per vitam maritalem singulis fere noctibus et aliquando bis vol ter eadem nocte debitum peteret quod etiam verberibus uxori exigeret. Tantam abominationem erga maritale debitum ac erga Titium concipiebat Titia ut separationem a toro et mensa ob viri sse^^tiem obtineret qui etiam ob amentiam excessu venereo causatam in asylum esset detrusus. Post annum sanitate recuperata Titius asylum reliquit et statim petiit ut uxor ad se reverteret. Titia eamdem ac antea alDominationem invincibilem adhuc experta ad eum redire non vult nisi sub gravi peccato ad id teneatur. Unde qu^ritur: 1. Quid sit divortium semiplenum et (juas ob causas permittatur? 2. Num tale divortium in curiis civilibus peti possit? 3. Causa divortii cessante num pars innocens ad vitam maritalem redire teneatur? 4. Quid ad casum? Solution The first question was answered above, p. 266 f. and the second, p. 268. 3. When the cause for separation ceases is tlie iimocent party bound to return to marital life? 344 UNWILIjya TO RETURN TO JJFJi lirSBAKl) 31.") Tliere i.s (jiK'stion here 011I3' of lllu^se (•aiiscs which case. The feeling of disgust which Titia feels for her hus])an(l would not of itself iustifv licr in refusing: to return to liim. But if we consider the circumstances of the case, the tendency of tlie husband to excess, the probability that this tendency will again cause cruelty to his wife antl perhaps bring on insanity again, Titia does not seem to be under the obligation of returning to her husband. The words of Dicastillo (juoted by the Sal- manticenses are appropriate: " Non possum tamen non \idere ahcjuas ex his causis vix tuto posse credi cessasse omnino. Insanus et furiosus (}uam facile potest iterum insanire? " > Theol. Moral., lib. vi, 971. CENSURES A MISTAKE IN THE MAN Caius missioiuirius sacerdos graviter Titium paroch- ianum offendit ejus vitia arguendo. Postea dum cum soeiis bibebat eis verba Caii probrosa repetebat Titius ac eum poenam luitiu-um affirmabat. Dum noctu domum revertebatur obviam ibat sacerdoti quem Caium putabat, et pede inter ejus crm-a interposito impulsu humeri in \ia publica prosternebat. Postridie in cphemeride legit Pau- lum sacerdotcm ac Caii adjutorem fregisse brachium cadendo in loco ubi Titius sacerdoti obviam fiebat ac postea nihil mali Caio qui domi manebat accidisse certior est factus.' Proxima hebdomada facti poenitens ad confessai-ium accessit Titius et quid fecisset magno cum pudore est confessus. Unde quaeritur: 1. Quid sit pri\dlegium canonis et num lex sit poenahs an proliibens? 2. Quinam sit hujus pri\ilegii finis et quomodo sit interpretandum? 3. Num error circa personam cui injui'ia inferatur prohibeat tiuominus sit injuria formalis et actus voluntarius? 4. Quid ad casum? 347 348 CASES OF CONSCIENCE Solution 1. WTiat is the privilege of the Canon and is it a penal or prohibitory law? The privilege of the Canon grants to all ranks of the clergy and to rehgioiis Orders personal inviolability, so that any one who unlawfully uses violence against them incurs excommunication, the absolution of which is re- served to the Pope. It is a law which both prohibits and penalizes such violence.^ 2. "WTiat is the object of this privilege and how is it to be interpreted? The object is to safeguard the dignity and honor of the clerical state. In accordance with this object it must be interpreted favorably, and as widely as possible. 3. Does a mistake about the person injm-ed prevent the injury being formal and the act voluntary? Many teach that it does on the ground that there was no intention to injure this person, and so the act is casual, not voluntary, with respect to him.^ 4. The case. Titius certainly committed a grave sin by his unwarranted and malicious act. The excommunica- tion, however, inflicted now by the second of the censures reserved to the Pope by the Constitution of Pius IX, Apostoliar Sedis, must be interpreted strictly with regard to the conditions which are necessary that it may be in- curred. As many authorities of weight deny that an injury inflic'ted by mistake on the wrong person is voluntary, and an action which is involuntary is not punished by censure, therefore Titius did not incur the excommunication. 1 Manual of Moral Theology, vol. i, 130. 2 St. Alphonsus, lib. iii, n. G2S. PAROCIITAT. RirjTTS Caius saccrdos ct rcligiosus qui quamvis non habcat curam ammarum facultatibus tamen Ordinarii gaudet admiiiistrandi, de licentia presbyteri ciiram aiiimarum exercentis, sacramenta Baptismi, Matrimonii, Extremae Unctionis, et S. Viaticum, vocatur ad amicum Paulum qui periculose decumbit. Caius quidem scit presbyterum qui ibidem euram animarum exercet obstinate suis juribus stare, et exigere ut sua licentia toties quoties petatur, attamen ex eo quod presbyter ipsi videatur irrationabilis, quin licentiam petat, ad amicum segTotum convolat et ultima sacramenta ei administrat. Quem propterea ejus superior reputat excommunicatum, ac prsecipit ut prius petat absolutionem a ccnsura cjuam JNIissam celebret. Unde quseritur? 1. Quid sit censura? 2. Quinam sint effectus excommunicationis? 3. Explicetur censura de qua in casu. 4. Quid ad casum? Solution 1 . Vr\\nt is a censure? A censure is a spiritual and remedial penalty by which a baptized and contumacious delinquent is deprived hv 349 350 CASES OF CONSCIENCE ecclesiastical authority of the use of certain spiritual advantages. 1 2. AMiat are the effects of excommunication? Excommunication deprives the excommunicated per- son of the use of the sacraments, sacramentals, and in- dulgences of the Chm-ch, of public suffrages and prayers; of the administration of the sacraments; of participation in the hturgical offices; of ecclesiastical jurisdiction; of the right to ecclesiastical burial; and it makes null and void presentation to a benefice, or the conferring of an ecclesiastical dignity with jurisdiction annexed to it.^ 3. Explain the censure to which the case alludes. The fom-teenth excommunication of those reserved to the Holy See by the Constitution Apostolicce Sedis is as follows: " Rehgiosos prsesumentes clericis aut laicis extra casum necessitatis Sacramentum Extremse Unctionis aut Eucharistise per viaticum ministrare absque parochi licentia." The terms of this censure should be strictly inter- preted and therefore any ignorance or good faith will excuse a person from incurring it, and probably it is not incurred in countries like Great Britain and most parts of the United States, where parishes have not yet been erected and where therefore there are not parish priests.3 4. The case. Caius may be excused from the censure because he acted to some extent in good faith, inasmuch as he thought the priest of the place an unreasonable stickler for his rights. Even if we grant that this idea of his was false, nevertheless it prevented him from pre- suming in the technical sense. If there are no parish 1 Manual of Moral Theology, vol. ii, 367. 2 Ibid., 377. 3 Genicot, vol. ii, n. 604; Sabetti, n. 1002. PMinciiiAL incurs. 351 priests in the place wlicic (lie case liappciicd, Caius may be excused on this ground also. However, he chd wrong in intruding into the district assigned to another without leave. His Superior, therefore, was justified in forhidding him to say Mass until lie had cjblained absululion. The Superior regarded him as under censure in the external forum. A FALLEN PRIEST Caius sacerdos provincise Anglise ebrietati aliisque vitiis coepit iiuliilgcre, obligationes quoque clericales negligens theatrum pii])licum iibi scenica spectacula agebantiir iiivisit. Paulo post facultatilDUs ab Episcopo prjvatus secessit in Scotiam iilji miinera sacerdotalia sub alio Episcopo iterum exercere incepit. Qua? omnia Titius Caii confessarius quum didicisset inde dubitabat quid esset faciendum, nam Caius numquam absolutionem petierat a quolibet censure propter frequentationem theatri in Anglia sacerdotibus impositse. Hinc qua?ritur: 1. Qualis poena propter frequentationem theatri sacer- dotibus Anglicis imponatur? 2.Quinam sint suspensionis effectus? 3. Quomodo censura cesset? 4. Quid ad casum? Solution L AVhat penalty is imposed on English priests for fre- quenting the theater? The Fourth Council of Westminster decreed as follows: " We strictly prohibit ecclesiastics who have received sacred Orders from l)eing present at stage representations in public theaters, or in places temporarily made use of as puljlic theaters, under the penalty to transgressors of 352 A FALLEN PRIEST 353 suspension to l)c incurred ipso facto such as has hitherto been tiic rule in all jtarts of England with reservation to the respccti^'(! ordinaries." ' 2. What are the effects of suspension? Total suspension (lci)rivcs the clci-ic of the use of all sacred Orders, the exercise of his office, and the fruits of liis benefice.2 3. How does a censure cease? As a general rule a censure \\lii(li lias l)een incui'red only ceases when absolution has been obtained by the deliiKiuent from one who is competent to give it. Some- times, however, a ccnsui'e is imposed to last as long as certain conditions last, and then on the termination of those conditions the censure ceases.'^ 4. The case. Caius incurred suspension reserved to his bishop by going to the theater. He had never been absolved Irom this censure. His confessor Titius, or else Caius himself, sliould write to his former bisliop and ask him for powers to put Caius straight. On the receipt of those powers Titius may deal with the case. In the meantime Caius should abstain from the exercise of his office as a priest untler pain of grave sin. If since his suspension he has exercised sacred Orders solemnly, he has incm-red irregularity from which he must be dis- pensed before again exercising his functions. ' Manual of .Moral Theology, vol. i, 614. ■ Ibid., vol. ii, 380. ' Ibid., 373. COUNTENANCING A DUEL Caia venit ad Paulum missionarium in Anglia sacerdo- tem ad confitendum cui manifestabat se anno elapso in Italia duello astitisse ut amiciim duello pugnantem robo- raret. Caia porro dicebat se absolutlonem a parocho in Italia non potuisse obtinere quum hie affirmaret casum esse Papse reservatmn. Interroganti etiam Paulo Caia respondit se scivisse Ecclesiam sub poenis omnem in duello participationem prohibere, at se opus caritatis posuisse quod recusare esset inhumanum, imo se iteruni in iisdem circumstantiis idem facturam. Paulus vero vult scire quid in casu facere possit ac debeat. Unde quasritur: 1. Quid sit censura et quainam conditiones requirantui* ut inciuratur? 2. Quomodo censura cesset? 3. Quid sit insordescentia in censura et quosnam effectus producat? 4. Quid ad casum? Solution 1. What is a censure and what conditions are required for incurring it? The first part of the question was answered above, p. 349. 354 COUNTENANCING A DUEL 355 The conditions refjuirod that a censure may be incurred are: a sin grave internally and externally, completed, not altogether past, and committed with contumacy. ^ The second question was answered above, p. 353. 3. ^\^lat is insordescence in a censure^ and what effects does it produce? Insordescence is the obstinate remaining of an excommu- nicated person in his excommunication for a whole year without absolution. The Council of Ti-ciil decreed (Sess. XXV, c. 3 de Ref.) that such a i)ei-son might be proceeded against as suspect of heresy. If he does not purge his heresy he should be declared a heretic after the lapse of another year.^ 4. The case. The third of the excommunications re- served to the Pope by the Constitution Apostolicce Sedis is couched in these terms : " Duellum perpetrantes, aut simpliciter ad illud provo- cantes, vcl ipsum acceptantes, et quoslibet complices vel (]ualcmcumque operam aut favorem praebentes, necnon de industria spectantes, illudciue permittentes, vel quan- tum in illis est non prohibentes, cujuscumque dignitatis sint, etiam regalis vel impcrialis." It is obvious, therefore, that Caia had incurred this censure by being a spectator of the duel with the intention of giving courage to her champion. She seems also to have had sufficient knowledge that she was doing something prohibited under censure by the Chiuch. She is not yet penitent, and Paul's first task will be to try to make her see the gravity of her sin and express her sorrow and repent- ance for it. ^^^len she is disposed he will be a]:)le to absolve ^ Manual of Moral Thoolosy, vol. ii, 369. 2 Lchmkuhl, vol. ii, n. 1148. 356 CASES OF CONSCIENCE her by virtue of the special faculties which confessors in England receive tlirough their bishop from the Holy See. She does not seem to have fallen into insordescence, for she tried to get absolution before, and the case does not state that she remained a whole year under exconmiu- nication. A MASOxNIC BALL QuoDAM in oppido Anglico cclebrabatur saltatio Mas- sonica lit pecunia colligeretui* danda hospitiis publicis oppidi. Invitabantur ad saltationem cives prsestantiores inter quos Lucius Catholicus, qui ibat et sunimam pecuniae solvebat quia, ut ait, improbum esset habere inimicos ita potentes concives. Postea tamen rem confitetur suo confcssario qui dubitat utrum Lucius propterea cen- surae subsit. T'lde quseritur: 1. Qua3 poena statuatur contra societates secretas? 2. Qua^nam soc etates censeantur prohibita)? Num Fenians? Num Oddfellows? 3. Num secta Massonica in Anglia comprchendatur lege ecclesiastica de dicta secta? 4. Quid ad casum? Solution 1. Under what penalty are secret societies forbidden? They are forbidden under pain of excommunication reserved to the Pope by the Constitution Apostolicce Sedis (n. 4): " Nomen dantes sectse Massonicse aut Car- bonaria?, aut aliis ejusdem generis sectis quae contra Ecclesiam vel legitimas potestates seu palam, seu clan- destine machinantur; nee non iisdem sectis favorem qualemcumque pra^stantes; earumve occultos coryphaeos 357 358 CASES OF CONSCIENCE ac duces non denunciantes, donee non denuneiave- rint." 1 2. "What societies are forbidden? Are the Fenians and Oddfellows? All societies are forbidden by the above censure which publicly or in secret plot against the Church or against lawful civil authority. In general a society which enjoins the keeping of a secret so absolutely that it may not be revealed even to ecclesiastical authority, or which exacts an oath or promise of blind obedience, must be regarded as forbidden. By a decree of the Holy Office, Jan. 12, 1870, the Fenians were declared to be comprised in the above censure. The American Oddfellows were condemned Aug. 20, 1894. Whether or not they are condemned under the above censure is disputed. English Odd- fellows do not form one society with the American Odd- fellows, and so it can not be said for certain that they are condemned. 3. Are Freemasons in England condemned by the above censure? Yes, English Masons are recognized by their foreign brethren as such, and foreign Masons are received in the English lodges. Renunciation of Masoiu-y is imposed as a condition of being received into, or reconciled to the Church. 4. The case. The question whether Lucius incurred the censure or not, will depend on whether his going to the ball and paying the money brought him under the clause — iisdem sedis favorem qualemcumque prcestantes. To incur censure under tliis head the favor must be shown 1 Manual of Moral Theology, vol. ii, 399. A MASONIC HALL 359 to them as Masons, and witli effect, so that the censure is not incurred unless the effect follows, i There is no evidence in the case that Lucius did this. He gave money to the hospitals, and he went to the hall because he was afiaitl of offending the Masons. Although these actions might in certain circumstances be described as favorem 'proestantes, favoring the Masons, there is no evidence that in effect they did so in Lucius' case. He did A\Tong, and probably gave great scandal, but he did not necessarily incur excommunication. ' Bailer in i-Palmieri, Opus Morale, vol. vii, 220. 6 A SPECIAL INTERDICT Caius sacerdos missionarius in dioecesi qiiadani Anglise vult scire utruni posset absolvere hominem recenter ab Episcopo alterius dioecesis cujus erat subditiis a sacra- mentis inhibitum, dummodo esset rite dispositus sive esset impeditus quominus ad suum episcopum accederet sive non. Post trinam eiiim moiiitionem episcopus edixit: " I hereby inhibit hiin from ai)proaching the sacraments, and forbid my priests to administer them to him, until he shall have proved his orthodoxy to the satisfaction of his ordinary." Unde (iiiaeritiir: 1. Quid sit interdictum, ct (jUienam sint ejus species diversse? 2. Quid sit censura ab honiine, et quis ab ea absolvere possit? 3. Num suspendcretur poena inflicta si delinquens appellaret ad S. Scdem, quod fecisse videtur? 4. Quid ad casum? Solution 1. What is an interdict, and what are its different species? An interdict is a censure which prohibits the use of liturgical offices, some sacraments, and ecclesiastical burial. It is local, personal, or mixed, as it immediately 360 A SPECIAL INTERDICT 361 affects liiu place, ccrlaiu jx!i"suns, or holli. It, is geiierul or special, total or partial.' 2. What is a censure ah hoinine, and who can absolve from it? A censure; ah hominc is imposed not by a permanent law, but by a particular precept or sentence of an eccle- siastical superior. Absolution from such a censure can only be had from him who inflicted it, from his Superior or successoriii office, or from one delegated by one of these.^ 3. Would the penalty inflicted be suspended by an appeal to the Holy See? No, not when the penalty has been inflicted already. In tliat case there is only an appeal in devolutivo, or a simple recourse to the Holy See.3 4. The case. The question is whether a priest of another diocese may absolve the subject of a bishop who had interdicted the latter the sacraments until lie had given satisfaction to his ordinary, and who had forbidden his priests to administer the sacraments to him. Tlie answer is No. Such a special and personal interdict is a censure ab hominc, and it can only be absolved by the person who imposed it, by his Superior or successor in office, or by some one delegated by one of these. The delin(]uent there- fore must comply with the condition imposed, satisfy liis ordinary as to his orthodoxy, and then he will be able to receive the sacraments like the rest of the faithful. ' Manual of Moral Theology, vol. ii, 3S2. -' Il)i(l., 373. ^ Bucceroni, Theol. Moral., vol. ii, n. 1096. IS HE TO BE AVOIDED? Decreto Vicariatus Urbis 29 Oct. 1907, sub culpa lethali illicitum edicebatur venderc, legere, vel retinere librum cui titulus II programma dei modernisti. Eodem decreto Pius X '' auctores et script ores ceterosque omnes qui quoquomodo ad hunc librum conficiendum operam contulerunt excommunicationis sil^i soli reservatee poena " affecit. Additit Sanctissimus hoc decretum valere perinde ac si traditum csset in manus uniuscuj usque ex dictis auctoribus et scriptoribus, eoscjue si sacerdotes sint et actum Ordinis exerceant in iiTcgularitatem incursuros. Titius igitur sacerdos qui notas quasdam scriptoribus istius libri praebuit rogat utrum sit propterea nominatim excommunicatus, et quibusnam effectibus sive excommu- nicationis sive irregularitatis subjiceretur si officia sacer- dotalia peragere prsesumat excommunicatus. Petitur ut Titio quantum fieri poterit satisfiat. Solution Titius furnished some notes for the composition of the book entitled II programma dei modernisti with knowledge of the use to which tliey were to be put, as we presume. Pius X excommunicated the authors and all others who in any way helped to compose tliis book. Titius therefore fell under the excommunication. He wished to know 362 IS HE TO BE AVOIDED? 3G3 whether he was excommunicated l)y name and to be avoided. The answer is No, for as G6nicot says: " Non sunt vitandi (juiUbet excommunicati notorii vel qui tantum cum ahis ejusdem criminis participibus generah quadam expressione declarati sunt excommunicati, sed non sunt designati proprio nomine vel titulo ([ui nomini a^quivaleat " (II, 581). Titius fm'ther wishes to know what would be the con- sequences of his performing priestly duties in spite of the excommunication. As being under excommunication he would commit grave sin if without necessity and wiihout being asked to do so by the faithful, he were to administer the sacraments of his own accord. He would also commit grave sin if he were to say Mass. By solemnly exercising these functions of a priest Titius would also incur irreg- ularity, and if he remained under censure for a whole year without seeking absolution, he would become suspect of heresy. IRREGULARITY A PRIEST PRACTISING MEDICINE AND SURGERY Caius medicus seculi vanitatibus renunciavit ut ordinem religiosum ingrederctur. Factus sacerdos quando vocatur ad infirmos remedia praescribere apta morbis corporalibus non hsesitat, ita ut non raro medeatur turn animis turn corporibus parochianorum segrorum. Domesticis etiam data opportunitate idem prsestat; imo semel subito in periculo alicujus brachium amputavit. Alii tamen religiose ejusdem ordinis dubium occurrit utrum hac omnia sint saeerdotibus licita. Unde qua^ritur: 1. Num et quatonus ars modica et chirurgica clerieis prohibeatur? 2. Num et quomodo posset sacerdos exereens istas artes incurrere irregularitatem? 3. Quid ad casum? Solution 1. Are clerics forbidden to practise medicine and surgery, and how far? According to the common opinion clerics are forbidden to practise medicine and surgery without an indult of the Holy See. Some, however, restrict the prohibition to studying medicine and surgery, and practising surgery. ^ 1 G^nicot, vol. ii, n. 36. 365 3G6 CASES OF CONSCIENCE 2. If a priest practised medicine and surgery could he become irregular and how? He would become irregular if death followed from his performing a surgical operation which he is forbidden to do.i 3. The case. Caius had better restrict himself as a general rule to looking after the souls of his parishioners, and leaving the practice of medicine to lay doctors. Some rehgious Orders have a privilege of allowing their members who have studied medicine to prescribe for the sick where there are not suitable lay doctors. In the supposition that the case was one of necessity Caius was justified in amputating the arm, and as he did not commit sin by doing this, neither did he incur irregularity .^ ^ St. Alphonsus, lib. vii, 384. 2 Ibid., viu, n. 384. ECCLESIASTICAL BURIAL MIXED CEMETERIES Caius rector ecclesise Catholicae in quodam oppido Anglico quasdam difficultates de coemeterio Titio con- fessario proposuit. CcEmeterium enim totius oppidi incolis commune, est in tres partes divisum, quarum una Non- conformists, altera Anglicanis, tertia rite ab Episcopo consecrata Catholicis est assignata. Jamvero alicjuando accidit ut conjux Catholica cum conjuge acatholico in parte ccemeterii acatholica, vel ut acatholica in parte catholica cum conjuge catholico sepeliri desideret; saepe etiam terra de tumulis catholicis superflua desumitur et ad cavum a^quandum in parte ccemeterii non consecrata adhibetur, contra reverentiam rei sacrae debitam, ut Caio videtur. Utrum ha^c igitur sint licita Caius confessarium rogabat. Unde qua^ritur: 1. Quid sit sepultura ecclesiastica, et quibusnam sit deneganda? 2. Quomodo diffcrant simplex tumuli benedictio ac ccemeterii consecratio? 3. Quid ad casum? Solution 1. What is ecclesiastical burial and to whom must it be denied? 367 368 CASES OF CONSCIENCE Ecclesiastical burial consists in being buried with the rites of the Church in consecrated ground. Catholic burial is to be denied to all who died out of com- munion with the faithful, and to those who on account of their crimes are forbidden it by the Church in the Ritual. 1 2. WTiat difference is there between simple blessing of the grave and the consecration of the cemetery? The simple blessing of the grave is given by a priest when a Catholic is not buried in consecrated ground. It is invocativa, not consecrativa, and it does not make the grave a sacred place. ^ The consecration of a cemetery is performed by a bishop, or by a priest specially delegated by a bishop, with the rite contained in the Pontifical or Ritual. 3. The case. When they ask it for good reason it would seem that Caius with the leave of the bishop may bury Catholics with their non-Catholic spouses in the uncon- secrated portions of the cemetery,^ although per se there is a grave precept that Catholics should be buried in consecrated ground. It would seem also that he may bless the grave for the Catholic party. Non-Cathohcs must not be buried in consecrated cemeteries set apart for Catholics exclusively by ecclesiastical and municipal law. A CathoHc cemetery is polluted by the burial in it of an excommunicated person who was vitandus. There is no reason why the refuse from the graves in the Catholic part of the cemetery should not be taken to level other parts. The cemetery is made a sacred place for the 1 Manual of Moral Theology, vol. ii, .385. * Many, De Locis Sacris, n. 143. » Conoil. Baltim., Ill, n. 317 seqq.; Gdnicot, vol. ii, n. 627. MIXED CFAJKTEHIEH 369 burial of Catholics by its consecration; such consecration docs not make the scjxiratc portions of cartli and stones in the cemetery sacred objects. There is then no ground for I lie scruple of Caius. INDULGENCES THE APOSTOLIC BLESSING Caius sacerdos missionarius vocabatur ad moribundum Tcrtiarium S. Francisci qui post recepta sacramenta petiit ut juxta privilcgium Tcrtiariis concessum sibi darctur Benedictio apostolica cum indulgentia plcnaria in arti- culo mortis, (^uam quidem Caius concessit juxta for- mulam approbatam, ac ut sccurior csset moribundus, statim dcdit ei apostolicam boncdictioncm juxta Rituale. Quibus auditis alius sacerdos cum increpabat diccndo plenariam indulgcntiam in articulo mortis scmcl tantum lucrari posse, et prsestare benedictionem dare apostoli- cam quando moribundus in eo est ut moriatiu", ne postea peccando poenas luendas incurrat. Unde quseritur: 1. Num pluries dari possit moribundo benedictio apos- tolica cum indulgentia plenaria in articulo mortis? 2. Num sit expectandus ipse articulus mortis verus ut detur ista benedictio? 3. Quid ad casum? Solution 1. Can the apostolic blessing with a plenary' indulgence be given several times to a person in danger of deatli? No, it can only be given once while the person is in the 371 372 CASES OF CONSCIENCE same danger of death either by different priests or by the same priest on different titles.^ 2. Is the moment of death to be waited for in order that the blessing may be given? No, the apostolic blessing may be given as soon as the recipient is in danger of death and capable of receiving the sacrament of Extreme Unction. The blessing only takes its effect in the true moment of death, and in the meantime its effect is suspended .^ 3. The case, Caius did right to accede to the pious wish of the dying tertiary, and give him the papal blessing to which he had a right. He did wrong to repeat it immediately after according to the form in the Ritual. The Sacred Congregation of Indulgences has several times answered that the blessing may be given only once. On the other hand the second priest was wrong in saying that the papal blessing should be given when the recipient is actually dying; it takes its effect at that time if it were validly given and received, but it may be given as soon as the recipient is in danger of death, as was said above. * Ojetti, Synopsis Rer. Moral., s.v. Indulgentia. 2 Genicot, vol. ii, n. 410. THE JUBILEE Lucius Catholicus turn bonus turn ingeniosus vult lucrari JubiUpiirn recenter promulgatum. Inter opera prffiscripta visitationes ccclcsia) parochialis scxaginta sola3 difficultatein facessimt, quas hoc modo perficere statuit. Advertit enim visitandam esse ecclesiam " per quindecim continuos vcl intcrpolatos dies, sive naturales, sive etiam ecclesiasticos;" hinc mane priusquam ad negotia vadit duas visitationes ecclesise domicilii facit, meridie aliam ecclesiam parochialom prope locum ubi negotia agit bis visitat, domum re versus vespere die ecclesiastico incoepto quatuor alias visitationes pcrficit; proximo die dominico, addit sex visitationes duabus consuetis ad Missam et ad Vesperas audiendas, et ita porro. Ad satisfaciendum conditioni orandi ad mentem Summi Pontificis nullam determinatam formam adliibct, sed nunc offert Missam auditam, nunc Rosarium recitatum, nunc piam medita- tionem factam. LInde quscritur: 1. Quid sit Jubilyeum, et (juid ejusdem extensio? 2. Qua) conditiones et quomodo sint implendse ad illud lucrandum? 3. Num partialitcr illud quis lucrari valeat? 4. Quid ad casum? 373 374 CASES OF CONSCIENCE Solution 1. \Miat is a Jubilee, and what is its extension? A Jubilee is a plenary indulgence granted by the Pope with greater solemnity than usual for a definite time together with special faculties for confessors. A general Jubilee is usually granted in the first instance at Rome, and afterwards it is extended to the whole Chm'ch.^ 2. ^Miat conditions for gaining it are prescribed, and how are they to be fulfilled? '^ The conditions for gaining an ordinary' Jubilee are confession, communion, and prayer for the Pope's inten- tion in churches to be visited for the purpose a certain nimiber of times. As they are conditions on which the Jubilee is granted, they must be exactly fulfilled. 3. Can a Jubilee be gained partially? Some were of opinion that either a full remission of temporal punishment is gained by a plenary indulgence, or nothing. According to the received opinion, a plenary indulgence may be gained only partially on account of the temporal punishment due to venial sins unrepented of not being remitted. A Jubilee may also be partially gained, in that one who intends to gain it may receive the benefit of the special faculties granted to confessors although afterwards he changes his mind and does not try to gain the indulgence. 4. The case. It appears from the case that the bishop had prescribed sixty visits to be paid to the parish church on fifteen days in order that the faithful might gain the Jubilee. If there was only one parish church in the place 1 Manual of Moral Theology, vol. ii, 455. THE J IB I LEE 375 where Lucius lived, lie had to visit that churcli, and he did not fulfil the condition by visiting the church where his work was. He was at liberty to make the visits within the natural, or within the ecclesiastical day. It would seem that the visit to the parish cJuuch to hear Mass on Sunday may be reckoned among the rest, as it is not otherwise of obligation. Lucius satisfied the obligation of praying for the intentions of the Pope by saying the Rosary, but not by hearing Mass, nor by pious meditation, as these are not vocal prayers. This book is DUE on the last date stamped below U^ I.. \ JUN 1 195: Form L-9-35m-8,'28 , , , tiiin.Ui I U ii ITV AA 000 628 9// i Ha' lli\fl V iw m i >n 1"^ mm ^^^^^^^^^^^^^^^^^^^^^^^^^H mm^^ ^H 1 i J J 1 till V^IIHI^hI^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H a m\mm ':\ililV^i^t\>Uil^i«/l\liU;fi:ili\^iliil'l\v A