^FACULTIES OF PASTORS 
 AND CONFESSORS^ 
 
 FOR ABSOLUTION AND DISPENSATION 
 According to the Code of Canon Law 
 
 J. SIMON, O.S.M. 
 
 NEW YORK 
 JOSEPH F. WAGNER, INC. 
 
 LONDON: B. HERDER
 
 tfthil hfltat 
 
 PHILIP BURKE, O.S.M. 
 
 Provincial 
 
 Jmprtmt jlnteet 
 
 ALOYSIUS TABANELLI, O.S.M. 
 
 Prior General 
 
 NUfU batat 
 
 ARTHUR J. SCANLAN, S.T.D. 
 
 Censor Librorwn 
 
 .imprimatur 
 
 * PATRICK J. HAYES, D.D. 
 
 Archbishop of New York 
 
 NEW YORK, October 2, 1922. 
 
 Copyright, igaa, by JOSEPH F. WAGNER, NEW Vowc
 
 FOREWORD 
 
 Adapted substantially from the work of P. Emil 
 Seiter, C.S.Sp., Die Absolutions und Dispensvoll- 
 machten der Seelsorger und Beichtvater (ed. 1921), 
 with the author's permission, this book aims primarily 
 to be of service to pastors and confessors, by outlining 
 for them precisely and clearly the faculties for absolu- 
 tion and dispensation which they may have, chiefly 
 as granted by the Code itself. References to Canon 
 Law as existing previous to the coming into force of 
 the Code, have been omitted for the sake of clarity, 
 so that present actual legislation might be more forcibly 
 presented. 
 
 In countries like America, where ecclesiastical 
 organization is yet rounding to perfection, there is 
 need of increased knowledge and application of the 
 Code of Canon Law, that stupendous and most magni- 
 ficent work of modern legislation. This book, by its 
 continual references to the Code, may promote better 
 acquaintance with the latter's provisions, so that the
 
 iv FOREWORD 
 
 priest of God may indeed be ad omne opus bonum 
 instructus (2 Tim. iii. 17). Ordinaries, likewise, may 
 find these pages useful in composing the diocesan 
 pagella of faculties. To seminarians this summary 
 will be of assistance in the study of some intricate 
 phases of Canon Law and Moral Theology. 
 
 May the following brief review of some of its 
 organic regulations serve for the better functioning 
 of all members of Christ's great mystical Body, which 
 is the Church! 
 
 Octave of the Assumption 
 
 CALIENTE, NEVADA 
 
 1922.
 
 CONTENTS 
 
 PAGE 
 
 FOREWORD . iii 
 
 FIRST SECTION 
 
 PENITENTIAL JURISDICTION .... 3 
 
 RESERVED SINS 20 
 
 FACULTIES FOR ABSOLVING FROM CENSURES 28 
 
 SECOND SECTION 
 
 FACULTIES FOR DISPENSATION IN REGARD TO 
 THE PRECEPTS OF THE CHURCH ... 59 
 
 FACULTIES FOR DISPENSATION IN REGARD TO 
 Vows AND PROMISSORY OATHS ... 68 
 
 FACULTIES FOR DISPENSATION REGARDING 
 THE CONTRACTION OF MARRIAGE . . 75 
 
 FACULTIES FOR DISPENSATION REGARDING 
 IRREGULARITIES 90 
 
 FACULTIES FOR DISPENSATION REGARDING 
 VINDICTIVE PENALTIES .... 95
 
 vi CONTENTS 
 
 APPENDIX 
 
 PAGE 
 
 FORMS FOR PETITIONS OF FACULTIES OR FOR 
 RECOURSE 103 
 
 FORMULA OF FACULTIES GENERALLY GRANTED 
 BISHOPS OF AMERICA 109 
 
 INDEX 114
 
 FIRST SECTION 
 
 FACULTIES OF PASTORS AND CONFESSORS 
 FOR ABSOLUTION 
 
 IN REGARD TO 
 
 I. PENITENTIAL JURISDICTION 
 II. RESERVED SINS 
 III. CENSURES
 
 PENITENTIAL JURISDICTION 
 
 The Sacrament of Penance, partaking in a manner 
 of the nature of a judicial trial, requires in its minister, 
 besides the priestly power of Sacred Orders, also the 
 power of jurisdiction over the person appealing to this 
 tribunal, as is plainly set down in the Council of Trent 
 (Sess. 14, c. 7): "Since the very nature and method 
 of a trial demand that sentence be pronounced only 
 upon subjects [of the court], it has ever been the con- 
 viction of the Church of God, and the present Synod 
 confirms this as correct, that any absolution which a 
 priest may pronounce upon a person over whom he 
 himself has neither ordinary nor delegated jurisdiction, 
 is of no account." 
 
 Approbation for hearing confessions, formerly demanded 
 by the Council of Trent (Sess. 23, c. 15) for validity of 
 absolution conferred by religious priests on non-religious 
 
 3
 
 4 PENITENTIAL JURISDICTION 
 
 penitents, has been classed by some theologians as a third 
 distinct phase of penitential power. Bat according to the 
 Code it is, to all intents and purposes, again practically 
 merged with jurisdiction. Hence wherever the term is used 
 in the Code (as, for example, in 518:1; 519; 522; 523; 882) 
 it is to be understood in the sense of the conferring of juris- 
 diction. 
 
 ORDINARY PENITENTIAL JURISDICTION OF PASTORS 
 AND EXEMPT REGULAR SUPERIORS 
 
 Ordinary jurisdiction is that which by law is annexed 
 to an ecclesiastical office or dignity, and therefore is 
 ipso hire enjoyed by the incumbent (197: i). 1 
 
 Bearers of ordinary penitential jurisdiction, besides 
 the Pope and the Cardinals (for the entire Church) 
 and local Ordinaries 2 (for their respective territories) 
 
 1 Numbers in parentheses without other indications have refer- 
 ence to the Canons and subdivisions of the Codex luris Canonici. 
 
 * By the term Ordinary are understood, besides the Pope : a 
 Bishop in full charge of a diocese; an Abbot or Prelate "nul- 
 lius"; a Vicar General, an Apostolic Vicar, Prefect, or Admin- 
 istrator; likewise the higher Superiors (such as Generals and 
 Provincials or their equivalent) of exempt Regular organiza- 
 tions of clerics (198:1). With the exception of Regular Su- 
 periors, any of the above-mentioned persons may be designated 
 by the terms "local Ordinary" or "Ordinary of the place" 
 .(198:2).
 
 PENITENTIAL JURISDICTION 5 
 
 and Canons Penitentiaries of cathedral and collegiate 
 churches (for the whole diocese: 401: i), are like- 
 wise: 
 
 1. Pastors in the strict technical acceptation of the 
 
 term. 
 
 2. Quasi-Pastors, or priests who have charge of 
 
 definitely bounded districts in Apostolic Vicariates 
 and Prefectures (451: 2; 216: 3). 
 
 3. Parochial Vicars of various kinds, whenever they 
 
 have plenary pastoral powers. Such are: 
 
 (a) The priest in charge of a parish which is 
 pleno iure conjoined with a monastery or 
 convent or Chapter church or other moral 
 person (471: i). 
 
 (&) The administrator of a parish (vicarius 
 oeconomus, 472) during its vacancy of a 
 pastor. 
 
 (c) The substitute vicar who is to be appointed, 
 with the Ordinary's agreement, to look 
 after a parish whenever the pastor is about 
 to be absent over seven days, (vicarius 
 substitutus, 474; 465:4).
 
 6 PENITENTIAL JURISDICTION 
 
 (d) The pastor's assistant, who has full charge 
 of a parish in the place of a pastor, in- 
 capacitated through old age or otherwise 
 (vicarius adiutor, 475) ; not, however, the 
 ordinary assistants of the pastor (vicarii 
 co operator es, 476). 
 
 4. Military Chaplains, in certain cases, according to 
 
 the arrangements made by the Holy See for 
 spiritual welfare in the military organizations of 
 divers nations (451: i). 
 
 5. Rectors of Clerical Seminaries (1368), although 
 
 these indeed may hear confessions of their sub- 
 jects only in case the latter themselves request 
 it for a grave and urgent reason (891). 
 
 6. Superiors of exempt Regular organisations, for 
 
 their own subjects, according to the regulations of 
 their constitutions (873: 2; 875: 2). 
 
 In the last section above, among subjects are to be counted 
 not only professed and novices, but also all those who either 
 as servants or pupils or guests or patients live day and night 
 in a house of the religious organization (875; 514:1). 
 Nevertheless Regular Superiors may hear the confessions 
 of their subjects only when these freely and of their own
 
 PENITENTIAL JURISDICTION 7 
 
 impulse desire it. Without a very grave reason they should 
 not be ordinary confessors for their subjects. Under no 
 circumstances may they, personally or through others, strive 
 to induce a subject to confess to them, by duress, fear, or 
 ill advice (518:2, 20). Masters of novices, and like of- 
 ficials, are especially cautioned against this (891). 
 
 EXERCISE OF ORDINARY PENITENTIAL JURISDICTION 
 
 As the Pope, the Cardinals, the local Ordinaries and 
 Canons Penitentiaries, so also pastors and exempt 
 Regular Superiors can exercise their ordinary peni- 
 tential jurisdiction in regard to their own subjects 
 everywhere, even outside the territory of their pas- 
 torate (881: 2; 401: i). 
 
 Whoever has ordinary jurisdiction can as a rule 
 delegate it, in so far as the law does not expressly 
 declare to the contrary (199: i), as, for example, for 
 the Canons Penitentiaries (401:1). 
 
 The power of delegation is expressly granted to exempt 
 Regular Superiors (875:1). On the other hand, pastors 
 can not be said to have the power to delegate their penitential 
 jurisdiction to others. For the Code declares clearly that 
 all secular and religious priests receive their delegated peni- 
 tential jurisdiction from the Ordinary of the place of con-
 
 8 PENITENTIAL JURISDICTION 
 
 fession (874:1; 875:2; 876:2; note also 874:2; 877-880), 
 and every doubt in this matter is removed by the declaration 
 of the Commission on the Interpretation of the Code, of 
 October 16, 1919, ad III; (Acta Sanctae Sedis, 1919, p. 477). 
 Only for hearing the confessions of subjects of their 
 own exempt clerical organizations can jurisdiction be con- 
 ferred also by Regular Superiors (875:1). Of course Ordi- 
 naries may empower pastors or others to subdelegate peni- 
 tential jurisdiction, as is sometimes done for the benefit 
 of these persons themselves or for that of relatives or others 
 with whom they live, or whose confessions they themselves 
 can not prudently hear. 
 
 Loss OF ORDINARY PENITENTIAL JURISDICTION 
 
 Ordinary penitential jurisdiction is lost (873:3); 
 (i) through loss of the office or dignity with which 
 it is joined, that is to say, by resignation, removal, or 
 transfer, by the close of the period of incumbency 
 (183: i); (2) through death or loss of office on the 
 part of the Superior who has conferred the jurisdiction 
 or office, provided he has done so "ad beneplacitum 
 suum" or with some similar clause (183:2); (3) 
 through excommunication, suspension from office, and 
 interdict, but only after condemnatory or declaratory 
 sentence (873:3).
 
 PENITENTIAL JURISDICTION 9 
 
 DELEGATED PENITENTIAL JURISDICTION 
 
 Delegated jurisdiction, in contrast to ordinary, is 
 not joined ipso iure with an office, but is specially 
 conferred on a priest (197: i), either by law itself 
 (iurisdictio delegate, a iure}, or by a properly author- 
 ized possessor of ordinary jurisdiction, or by a delegate 
 of the latter (iurisdictio delegata vel subdelegata ab 
 homine). 
 
 In both cases there is either direct delegation, that 
 is, immediately from the delegating person himself, or 
 what occurs more rarely indirect delegation, by the 
 fact that a duly authorized penitent freely chooses a 
 priest, and by this choice is the means of the latter's 
 obtaining jurisdiction. 
 
 Conferring of delegated jurisdiction to hear the con- 
 fessions of all faithful, whether religious or secular, 
 on secular or Regular 3 priests, is done by the Ordinary 
 
 1 Regular priests who have received jurisdiction from the local 
 Ordinary should not make use thereof without the (at least 
 presumed) permission of their own Superior. But a Regular 
 Superior can not prevent one of his subjects from going to con- 
 fession, for the peace of his conscience, to a member of the Reg-
 
 io PENITENTIAL JURISDICTION 
 
 of the place where the confessions are to be heard 
 (874: I)- 
 
 Where the Holy See has erected exempt care of souls for 
 the military (451:3), the military Ordinary can in many 
 cases confer jurisdiction to hear members of the military, 
 independently of the Ordinary of the place. 
 
 In exempt clerical religious Orders, besides the local 
 Ordinary, the religious Superior also, according to the 
 manner and measure of the organization's constitu- 
 tions, can delegate jurisdiction to hear the confessions 
 of professed, novices, and other inmates of the house, 
 and this delegation he may confer not only on members 
 of his own organization but also on secular priests 
 and on priests of other Orders, Congregations or socie- 
 ties than his own (875: i). 
 
 Similar privileges have generally been accorded also to 
 non-exempt clerical Congregations, and these grants hold 
 good also under the Code. 
 
 In order to be valid any conferring of jurisdiction, 
 whether oral or in writing, must be made expressly. 
 
 ular organization approved by the local ordinary alone. Such a 
 confession, even without the Superior's permission, would be 
 both valid and licit (874:1; 519; 5". C. de Relig. Aug. 5, 1913).
 
 PENITENTIAL JURISDICTION n 
 
 Silent or tolerated delegation no longer suffices 
 
 (879: i). 
 
 In order to be licit any conferring of jurisdiction 
 as also permission on the part of Regular Superiors 
 to hear confessions demands that the prospective 
 recipient shall have been found fit to administer the 
 Sacrament of Penance ; this fitness is to be established 
 by examination, unless the recipient's sufficiency of 
 theological knowledge is already otherwise assured 
 (877: i ). If, later on, serious doubts regarding fit- 
 ness should arise, a new examination is in order 
 (877:2). For licitness also it is required that no 
 unjustified restrictions be made in the conferring of 
 jurisdiction, and that it be done gratis (878:2; 
 879:2). 
 
 EXERCISE OF DELEGATED JURISDICTION 
 
 Delegated jurisdiction derived from the local Or- 
 dinary can be exercised only in the territory subject 
 to him (874: i ; 201 : 2). 
 
 The bearer of delegated jurisdiction can subdelegate 
 it only when the power of subdelegation has been
 
 12 PENITENTIAL JURISDICTION 
 
 granted him expressly by the delegating person 
 (199:4); that is to say, the Pope, or the local Or- 
 dinary, or an exempt Regular Superior (Commission 
 for Interpretation of the Code, October 16, 1919). 
 
 The subdelegated person, in turn, can resubdelegate 
 his jurisdiction only when this faculty has been ex- 
 pressly granted by the original delegating person 
 
 (199:5). 
 
 PENITENTIAL JURISDICTION DELEGATED BY THE LAW 
 
 ITSELF 
 
 The law itself delegates penitential jurisdiction to 
 the following: 
 
 1. Any priest who has been approved for a place; 
 that is, any secular or Religious who has ordinary or 
 delegated jurisdiction for a locality may, while within 
 that place or territory, administer the Sacrament of 
 Penance to persons without any fixed place of abode 
 (vagi) or to strangers or travelers from another 
 diocese or parish (peregrini) , even if they belong to 
 an Oriental rite (881: i). 
 
 2. All priests, when there is danger of death, even
 
 PENITENTIAL JURISDICTION 13 
 
 those not approved or those that are censured, or 
 irregular, or schismatic or heretic, can and may ab- 
 solve all penitents from all sins and censures, even 
 those reserved, 4 and notorious. Priests not approved 
 can and may do this even in presence of one who is 
 approved (882). 
 
 "In danger of death" is to be taken not only as "in articulo 
 mortis"; that is, when death is undoubtedly impending, but 
 also as "in periculo mortis" ; that is, when it is seriously to 
 be feared that death will soon take place; the latter case 
 may be judged on the base of either experience or a 
 physician's judgment. It is indifferent whether the danger 
 of death is due to a subjective cause (sickness) or to an 
 exterior one (serious danger of infection, impending battle, 
 difficult birth, dangerous operation or perilous sea-voyage). 
 Note here the declaration of the S. Penitentiary of March 
 18, 1912, according to which mobilized soldiers are ipso 
 facto to be put on the same plane with persons who are 
 in danger of death. 
 
 * There are conditions attached only for the absolutio com- 
 plicis. In that case, in danger of death, absolution is indeed 
 always valid, but only allowed (a) when any other approved 
 or non-approved priest either can not hear the confession of 
 the dying person at all, or can not do so without great scandal 
 or serious danger to the good name of the sacerdos complex; 
 (&) when the dying person refuses to confess to a different 
 priest (884).
 
 14 PENITENTIAL JURISDICTION 
 
 3. Every priest traveling by sea who has received 
 penitential jurisdiction from his own Ordinary, or 
 from the Ordinary of the port of departure, or from 
 the Ordinary of any port touched by the vessel during 
 its voyage, can during the whole period of the voyage 
 hear the confessions of all his fellow voyagers, even 
 if the ship passes through the territories of different 
 Ordinaries or makes halt therein (883: i). The same 
 holds good for the hearing of all persons who for any 
 reason whatever come on board at harbor stops 
 (883:2). Should the priest who is making a sea 
 voyage (and is authorized as stated above) go ashore 
 for awhile at some stop, he may and can there hear 
 all persons who wish to confess to him, and absolve 
 them even from sins reserved to the local Ordinary 
 of the place (883:2). 
 
 4. Indirectly delegated jurisdiction is granted to 
 priests not otherwise approved, who are selected by 
 Cardinals or Bishops (even titular Bishops) to hear 
 the confessions of themselves or of the members of 
 their suite (familiares, 239: i, 2; 349: I, i).
 
 PENITENTIAL JURISDICTION 15 
 
 DELEGATED PENITENTIAL JURISDICTION FOR REGULARS 
 
 Every confessor approved by the Ordinary can 
 validly and licitly hear the confessions of male 
 Religious, even exempt ones (novices not excepted 
 566: 2), both within the monastery or convent, or out- 
 side of it, when these have recourse to him for the 
 tranquillity of their conscience (519). 
 
 As for the rest, the Constitutions of the various organiza- 
 tions, which order or advise Religious to make their confes- 
 sions at stated periods (for example, every eight days) and 
 to certain confessors, keep their force (519). In the houses 
 of clerical Religious several confessors are to be appointed, 
 corresponding to the number of Religious (518:1). For lay 
 organizations of men the same regulations hold good in this 
 matter as for those of women (528). For the novices of 
 clerical organizations of men there should be appointed, 
 according to their number, one or more ordinary confessors. 
 Besides these, several other priests should be set apart, to 
 whom the novices may freely have recourse in special cases. 
 Finally, novices are to be granted an extraordinary confessor 
 at least four times a year (556:2). 
 
 In order to hear the confessions of female Religious 
 validly and licitly all secular and religious priests
 
 1 6 PENITENTIAL JURISDICTION 
 
 (Cardinals alone excepted: 239: i) per se have to be 
 provided with special jurisdiction from the local Or- 
 dinary (876; 525). (See 520; 521 ; 524; 527 for the 
 details of this delegation.) 
 
 Nevertheless any confessor approved by the local 
 Ordinary to hear the confessions of women, can 
 validly and licitly absolve female Religious (including 
 novices) under the following conditions: (a) when 
 the latter have recourse to him in any church or 
 public or semipublic chapel, or generally in any place 
 legitimately set apart for hearing of the confessions 
 of women (522) ; 5 (6) whenever a female Religious 
 who is seriously ill, though not necessarily in danger 
 of death, wishes to go to confession to him (523). 
 
 * "In loco ad audiendas mulierum confessiones legitime des- 
 tinato" (Commission for Interpret, of the Code, Nov. 24, 1920, 
 in Ada Apostolicae Sedis, 1920, p. 575; 5". C. de Rel., July 3, 
 1916). The regulation of Canon 522: "in qualibet ecclesia vel 
 oratorio saltern semipublic o" is consequently not to be taken as 
 an absolutely necessary condition for the validity, or even for 
 the licitness, of these confessions.
 
 PENITENTIAL JURISDICTION 17 
 
 CESSATION OF DELEGATED JURISDICTION 
 
 Delegated penitential jurisdiction, like every other 
 kind of delegated jurisdiction, ceases in the following 
 cases (Canon 207: i): 
 
 1. Through the closing of the period of time, or 
 through the exhausting of the number of cases, for 
 which the delegation was given. (See, however, 
 207:2.) 
 
 2. Through the recall of delegation on the part of 
 the delegating authority, but only at the moment when 
 the recall is directly communicated to the person 
 delegated. 
 
 3. Through death or loss of office on the part of 
 the delegating person, only in case it has been so de- 
 clared at the time of delegation in some kind of 
 stipulating clause (61). 
 
 4. Through a condemnatory or declaratory sentence 
 of excommunication, suspension or interdict on the 
 part of ecclesiastical superiors (2264; 2284; 2275: 2). 
 
 When a delegated confessor gives up his diocesan domicile 
 his jurisdiction ceases only then when it is thus stated by 
 the local Ordinary.
 
 i8 PENITENTIAL JURISDICTION 
 
 SUPPLETION OF PENITENTIAL JURISDICTION 
 
 Suppleted jurisdiction is a special and extraordinary 
 kind of delegated jurisdiction. It is not granted per- 
 manently to any priest (as is ordinary and common 
 delegated jurisdiction), but only for individual, transi- 
 tory, acts of jurisdiction, in such wise that it ceases 
 again immediately after such acts. 
 
 CASES OF SUPPLETION 
 
 Suppletion takes place in three cases (209) : 
 
 I. In general misapprehension (in err ore corn- 
 muni) ; that is, when there exists in any diocese, parish 
 or other ecclesiastical community a general or almost 
 general invincible erroneous assumption that a priest 
 has jurisdiction when in fact he has none. 
 
 The Code no longer takes into consideration a titulus 
 coloratus as a condition for certain suppletion. Conscious 
 use of suppleted jurisdiction based upon error comtnunis, 
 is, according to some authors, never allowed; according to 
 others (Berardi, Tanquerey), only in case of necessity.
 
 PENITENTIAL JURISDICTION 19 
 
 2. When a confessor, after the period of his facul- 
 ties has run out or the number of cases for which 
 he had faculties has been exhausted, continues to ab- 
 solve without averting to the fact that he has no facul- 
 ties (207: 2). This holds good even without error 
 communis. 
 
 3. In positive and well grounded juridical (theoretic, 
 speculative) or practical doubt (in dubio positive et 
 probabili sive iuris sive facti) as to whether one has 
 jurisdiction or not. (Jurisdiction is called "theoretic- 
 ally doubtful" when its existence depends upon a 
 doubtful law; it is "practically doubtful" when it de- 
 pends upon a doubtful fact.) The same holds good 
 for "iurisdictio speculative aut practice probabilis." In 
 these cases the Church supplies jurisdiction hypothet- 
 ically ; that is, in case the respective confessors actually 
 have no jurisdiction. 
 
 According to the common teaching of moralists one may 
 make use of speculatively doubtful jurisdiction even without 
 special reason. This might also be applied to practically 
 probable jurisdiction, because now suppletion is certain and 
 consequently there is no danger of exposing the sacrament 
 to nullity.
 
 SECOND PART 
 RESERVED SINS 
 
 By a reserved sin we understand one whose absolu- 
 tion an ecclesiastical Superior has reserved to himself. 
 This reservation is accomplished through limitation of 
 the penitential jurisdiction of subordinate persons in 
 reference to the sin under consideration (893: i, 2). 
 
 Besides the Pope, those who may legitimately re- 
 serve the absolution of certain sins to themselves are 
 the following: the Bishop of the diocese (or respec- 
 tively, an Abbot or Prelate nullius, an Apostolic Ad- 
 ministrator, Vicar, or Prefect), the Superior General 
 of an exempt clerical organization, and the Abbot of 
 an autonomous monastery (893: I ; 896). 
 
 Reservations by local Ordinaries are binding also 
 upon persons without definite domicile or travelers and 
 strangers who happen to be within the territory. 
 
 Reserved cases are divided into papal, episcopal, and 
 
 20
 
 RESERVED SINS 21 
 
 those of Regular organizations. Furthermore, re- 
 served cases are divided into those with and those with- 
 out censure, according to whether the reserved sin is 
 at the same time connected with a censure impending 
 ipso facto, or not. Reservations without censure are 
 called simple reservations. Cases with impending cen- 
 sure may be reserved: either 
 
 1. On account of the sin (directly reserved) ; or 
 
 2. On account of the censure (indirectly reserved) ; 
 
 or 
 
 3. On account of both the sin and the censure. 
 
 The following chapter treats exclusively of simple 
 and direct reservations. 
 
 SIMPLE AND DIRECT RESERVED CASES IN PARTICULAR 
 
 The Papal Reserved Case. There is only one sin 
 which is reserved to the Holy See ratione sui, and that 
 is falsely accusing an innocent priest before an ec- 
 clesiastical judge of the crime of solicitation (894). 
 This sin is at the same time conjoined to an excom- 
 munication reserved to the Pope speciali modo (2363) ; 
 consequently it is also reserved ratione censurae.
 
 22 RESERVED SINS 
 
 Episcopal and Regular Reservations. The Bishop 
 of the diocese and other Ordinaries entitled to make 
 reservations are limited to three or, at the highest, 
 four reserved cases (897, Instr. S. Off., July 13, 
 1916). 
 
 These reservations may be made only in conformity with 
 the prescriptions of the Code, for which 895-899:1, should 
 be consulted. They should be made by the Ordinary only 
 then when they appear to be called for by necessity or utility. 
 The sins thus treated must be offenses particularly grave, 
 external and clearly determined in their ultimate species, 
 and should not have been already joined by general law 
 with some reserved or non-reserved censure (897 ss.). Re- 
 served cases are to be brought to the knowledge of the faith- 
 ful in a suitable manner (899:1). 
 
 Pastors and confessors are obliged to keep themselves in- 
 formed regarding these special reservations which they may 
 have to deal with. In view of the present canonical regu- 
 lations in this matter, Ordinaries are largely refraining 
 from the practice of reservations. 
 
 Conditions Required to make a Reservation Effec- 
 tive. In order that a reserved sin may de facto be 
 considered and treated as reserved in any given case 
 it must be:
 
 RESERVED SINS 23 
 
 1. An objectively and subjectively grave and ex- 
 
 ternal sin, and 
 
 2. Materially and formally a sin of the species 
 
 marked with reservation (897). 
 
 Other conditions heretofore insisted upon by some canon- 
 ists as necessary, such as: the age of puberty, and that the 
 delinquent must have knowledge of the reservation, cannot 
 be considered as required by the Code, where Canons 883- 
 900 cover the whole field of reservation, which must not be 
 confused with that of censures. 
 
 Cessation of Reservation. Reservation of a sin 
 ceases, so that any simple confessor may absolve there- 
 from: 
 
 1. By confession of the reserved sin in the Sacra- 
 ment of Penance to a priest authorized to absolve re- 
 served cases, and that even when absolution is deferred 
 or the confession invalid, and probabiliter also for an 
 unworthy confession (an unworthy Jubilee confession 
 to a priest authorized only for such confessions must 
 certainly be excepted). 
 
 2. Probabiliter also by a valid confession to a priest 
 authorized for reserved cases, even when through for-
 
 24 RESERVED SINS 
 
 get fulness the reserved sin is not accused. Of course, 
 in that case the sin unconsciously omitted remains 
 materia necessaria, only the reservation ceasing, so that 
 thereafter any confessor may absolve the sin directly. 
 
 REGULATIONS FOR ABSOLUTION IN SIMPLE AND 
 DIRECT RESERVED CASES 
 
 In danger of death any priest, even one not ap- 
 proved, can validly and licitly absolve all reserved cases 
 of whatsoever kind (882). 
 
 Any confessor ordinarily approved can absolve 
 all reserved sins in the following cases: 
 
 1. Sick persons, when they can not leave their place 
 of residence (900: i). 
 
 2. Bride and groom, when they go to confession in 
 preparation for marriage. 
 
 3. Whenever the proper superior refuses to grant 
 the necessary faculty for an individual definite case 
 for which it has been requested (900: 2).
 
 RESERVED SINS 25 
 
 4. Whenever, according to the prudent judgment of 
 the confessor, the proper superior can not well be ap- 
 proaclied for the necessary faculty without serious dis- 
 advantage to the penitent (as, for example, when the 
 penitent can not omit intended Communion or Mass 
 without injury to his good name, or when he would 
 otherwise have to remain long in the state of mortal 
 sin, and bear this ill; (see 2254:1), or without en- 
 dangering the secret of the confessional. 
 
 5. Penitents who are outside the territory of the 
 superior making a reservation, even when they have 
 left it with the specific intention of evading the reser- 
 vation (900: 3), unless the Ordinary of the district 
 they happen to be in has himself likewise reserved the 
 same case. 
 
 In the above cases, according to Canon 900, reservation 
 simply ceases. This would seem to include also the papal 
 reservation falsae denuntiationis, though in the latter case 
 the conjoined reserved censure must also be taken into con- 
 sideration. 
 
 6. Reservations of Regulars in their own organiza- 
 tions can be absolved by any confessor approved by
 
 26 RESERVED SINS 
 
 the local Ordinary (519). This practically does away 
 with Regular reservations. 
 
 7. At stopping points on seas-voyages, according to 
 the dispositions of Canon 883: 2, detailed on p. 14. 
 
 8. In dubio iuris vel facti concerning the reserva- 
 tion itself, or concerning conditions necessary to its 
 actual incurrence (209; see also p. 19, No. 3). 
 
 FACULTIES GRANTED BY CANON LAW TO PASTORS AND 
 MISSIONARIES 
 
 Besides by Canons Penitentiaries (899: 2), all cases 
 reserved to the Ordinaries can be absolved ex ipso 
 iure: (a) by pastors, quasi-pastors, and by all con- 
 sidered in Canon Law as the equivalent of pastors (see 
 p. 5, No. 3) during the whole time available to the 
 penitent for making his Easter duty (899: 3) ; (&) by 
 missionaries during the time of a mission. 
 
 PRACTICAL REMARKS 
 
 'Any confessor who is not empowered to absolve 
 from reserved cases must in this matter either refer 
 the penitent to a properly authorized confessor, or
 
 RESERVED SINS 27 
 
 himself ask for authorization (forms for such applica- 
 tion will be found in the Appendix). Absolution from 
 reserved sins is imparted through the ordinary absolu- 
 tion formula. (For the form of absolution for a con- 
 joined censure, see p. 49.) 
 
 Other faculties than the above mentioned may be 
 granted in diocesan and other particular legislation, 
 and confessors should be acquainted with such provi- 
 sions. Habitual faculties in this matter are not to be 
 too readily granted (899: i). Deans are frequently 
 thus empowered (899: 2). In exempt clerical religious 
 communities the official confessors are also to be em- 
 powered for Regular reserved cases (518: i).
 
 THIRD PART 
 FACULTIES FOR ABSOLVING FROM CENSURES 
 
 Censures and Their Divisions. A censure is an ec- 
 clesiastical punishment imposed either by the law itself 
 or by an ecclesiastical judge, by which a baptized con- 
 tumacious delinquent is deprived of certain spiritual 
 benefits, or of benefits connected with spiritual goods, 
 until such time as he shall have emended himself and 
 been absolved (2241 : i). 
 
 Where vindictive punishments have as their main 
 object atonement for an offense committed, censures are 
 ordained primarily for the emendation of the guilty 
 person. They are medicinal punishments (2216) ; 
 hence the connection of their absolution with better- 
 ment, with a receding from contumacia. 
 
 The following are the common classifications of 
 
 censures: 
 
 28
 
 CENSURES 29 
 
 1. Censures latae sententiae, and such as are feren- 
 dae sententiae. A censura latae sententiae is one that, 
 either by law itself or by decree of an ecclesiastical 
 superior, has been so conjoined with some specific 
 offense that it automatically comes into effect upon 
 commission of that offense. A censure is called 
 ferendae sententiae when, though impending for an 
 offense, it has nevertheless still to be actually inflicted 
 by an ecclesiastical superior or judge before it will take 
 effect (2217: i, 2). 
 
 2. Censures a iure, and such as are ab homine. The 
 former are threatened in punitive legislation, and may 
 be either latae or ferendae sententiae. The latter are 
 imposed, not by the law, but by order of a superior 
 or by judgment of an ecclesiastical court (2217: i, 
 
 3). . 
 
 3. Censures may be reserved or not reserved, ac- 
 cording as the faculty to absolve therefrom is, or is 
 not, denied persons ordinarily having absolution facul- 
 ties, and reserved to superiors (2245). 
 
 Specifically, censures are divided into excommunica- 
 tion, interdict, and suspension.
 
 3 o CENSURES 
 
 Excommunication consists in excluding a person 
 from the community of the faithful, together with 
 .depriving him of all goods and rights whose disposi- 
 tion or administration is entrusted to the Church 
 (2257-2267). 
 
 If civil intercourse and dealings are permitted with ex- 
 communicated persons, they are called excommunicati 
 tolerati (2258:1). But if such persons have to be avoided 
 even in civil intercourse (except in so far as relatives, 
 servants or employees, or subjects may be excused) they are 
 excommunicati vitandi (2258:1; 2267). To the latter class 
 belong (a) persons doing violence to the person of the Pope 
 (2343:1, i), and (b) persons excommunicated by the Pope 
 by name, when the excommunication has been published with 
 the express command that they be avoided (2258:2). 
 
 Interdict consists in the prohibition for certain per- 
 sons (interdictum personate) or for certain places (in- 
 terdictum locale), of the celebration of, or assistance 
 at, divine service, reception of the sacraments and 
 sacramentals, or Christian burial, all of which may 
 be prohibited in whole or in part (2268-2277). 
 
 Suspension consists in the prohibition for a cleric 
 of the exercise of the powers of his office, whether of 
 Orders or of jurisdiction, or in depriving a cleric of
 
 CENSURES 31 
 
 the income of his benefice, or of both these punish- 
 ments either in whole or in part (2278-2380). 
 
 Whilst excommunication is always a poena medicinalis, 
 suspension and interdict may at times be vindictive punish- 
 ments (see 2255:2; 2286; 2289). 
 
 . 
 CONDITIONS REQUIRED FOR INCURRING A CENSURE 
 
 On the part of the delinquent: he must have reached 
 the age of puberty, the I4th year for males, the I2th 
 for females, (88: 2; 2230). 
 
 On the part of the offense: it must be (a) external; 
 that is, externally recognizable, even if done in secret 
 (2242: i; 2195:1); (b) grave; that is, objectively 
 (2242: i) and subjectively (2218: 2) mortally sinful; 
 (c) complete; that is, an act materially 1 and formally 2 
 perfect in the species denounced by the law or the 
 superior (2228; 2242: i), and lastly (d) contuma- 
 
 1 Thus, if the censure is imposed for the actual commission of 
 the sin, it is not incurred by a mere attempt to commit the sin. 
 
 2 Consequently the delinquent must recognize the specific malice 
 of his act at least in confuso. This holds good always pro foro 
 interno. But in dealing with a case in foro externo, in ordinary 
 government and in judicial procedure, this recognition of specific 
 malice is always presumed until the contrary is proved (16:2).
 
 32 CENSURES 
 
 ciously committed in deliberate opposition to the law 
 or the superior (2242: i). 
 
 A person is considered contumax (a) in censures ferendae 
 sententiae, when, despite the admonitions of ecclesiastical 
 superiors, he will not desist from his offense, or refuses to 
 do penance or to make good an injury done, or to repair a 
 scandal (2242:2; 2233:2) ; in censures latae sententiae when 
 he oversteps the law or order without legitimate excuse 
 (2242:2). 
 
 Cooperation in an offense upon which an ecclesias- 
 tical punishment is set (also for a delictum impuberis 
 2230) makes the cooperating person likewise subject 
 to the punishment (unless the law specifies otherwise), 
 under the following conditions (2231; 2209:1-3): 
 (a) physical cooperation agreed upon by the parties; 
 (6) cooperation as a necessary assistant; (c) coopera- 
 tion by command or seduction or otherwise, when the 
 offense could not be committed without such coopera- 
 tion.
 
 CENSURES 33 
 
 SUBJECTIVE REASONS EXCUSING FROM INCURRENCE 
 OF CENSURES "LATAE SENTENTIAE" 
 
 If the wording of the law demands expressly full 
 knowledge and deliberation (as by the terms: "prae- 
 sumpserit, ausus juerit, scienter egerit"~), then any 
 cause diminishing responsibility, whether bearing upon 
 the intellect or upon the will, may serve to excuse 
 (2229: 2). 
 
 Such factors are enumerated in Canons 2001-2006; they 
 would include subnormal reasoning power, drunkenness, 
 ignorance (even ignorantia crassa), lack of attention to, or 
 misunderstanding of, the law or punishment; moreover, 
 negligence, even culpable, unforeseen accident, physical co- 
 ercion, duress, grave damage or loss, spontaneous upsurging 
 of passion, forgetfulness. 
 
 If full knowledge and deliberation are not insisted 
 on by the law as presupposed, then the only causes 
 directly excusing are (a) ignorance of the law or of 
 the punishment, whether culpable or not, with the ex- 
 ception of ignorantia crassa, wherein one should and 
 easily could have the proper knowledge (see 2229: 3,
 
 34 CENSURES 
 
 J ) J (fr) grave fear, except where the offense would 
 tend to contempt of the faith or of ecclesiastical 
 authority or to the public injury of souls (2229: 3, 
 
 3)- 
 
 Other factors enumerated above may indirectly have excus- 
 ing force in this second group only when they make the 
 sin venial (2229:3, 2). 
 
 Intentional ignorance (ignorantia affectata) of either the 
 law or the punishment, sanction (2229:1), as also ignorance 
 of the reservation, never excuses from the incurring of 
 censures. Ignorantia affectata may be assimilated to a 
 doubtful conscience, for one can not intentionally remain in 
 ignorance except where one already has doubt. 
 
 ACTUALIZATION OF CENSURES "LATAE SENTENTIAE" 
 
 Every punishment latae sententiae, whether censure 
 or vindictive sanction, is binding upon a consciously 
 guilty delinquent from the moment he has committed 
 the offense, both in conscience and in the external 
 forum (2232: i). But before a judicial declaration 
 of his having incurred the punishment he is excused 
 from observing it in case he can not do so without 
 grave injury to his good name.
 
 CENSURES 35 
 
 The same person may draw upon himself the same cen- 
 sure from different sources, whereby the censures for him 
 are multiplied (2244:2). This will happen (a) when divers 
 offenses are committed, by the identical action or by distinct 
 actions, and each offense has the same censure attached; 
 (&) when the same offense is repeated; (r) when the same 
 offense is punished by different superiors with the same 
 censure. 
 
 RESERVATION OF CENSURES 
 
 1. Censures ab homine are always reserved to the 
 inflicting person, his superior, successor, or duly- 
 authorized delegate (2245: 2). Censures a iure may 
 or may not be reserved. 
 
 2. Censures reserved a iure are reserved either to 
 -the Ordinary or to the Pope. In the latter case they 
 may be reserved either simpliciter, speciali modo, or 
 specialissimo modo (2245: 2, 3). 
 
 3. Censures latae sententiae are reserved only when 
 the law or the command expressly declares this. If 
 there is doubt about the case, then "in dubio sive iuris 
 sive facti reservatio non urget" (2245:4). 
 
 4. Reservation of a censure which excludes from 
 the sacraments (as excommunication and personal in-
 
 36 CENSURES 
 
 terdict) brings with it also the indirect reservation of 
 the sin to which the censure has been attached as a 
 punishment. But when a person is excused or ab- 
 solved from the censure, the indirect reservation of 
 the sin likewise ceases (2246: 3). 
 
 EXCOMMUNICATIONS "LATAE SENTENTIAE" 
 I. EXCOMMUNICATIONS RESERVED TO THE POPE 
 A. "Specialissimo modo" are incurred by 
 
 1. Those who cast away the consecrated species, or 
 who take them away or keep them for an evil purpose 
 (2320). 
 
 2. Those who lay violent hand on the person of the 
 Holy Father (2343: i). These are ipso facto vitandi. 
 
 3. Those who absolve, or feign to absolve, a com- 
 plex in peccato turpi (2367: i). 
 
 This censure takes effect even when through the confes- 
 sor's suggestion the penitent does not accuse himself of the 
 peccatum complicitatis, even though it still be materia neces- 
 saria; likewise in danger of death, when absolution is im- 
 parted without circumstantial necessity though then the 
 absolution is valid.
 
 CENSURES 37 
 
 4. Those who dare to violate the seal of the confes- 
 sional directly (2369: i). This holds only for con- 
 fessors, and not for interpreters, etc. 
 
 B. "Speciali modo" are incurred by 
 
 i. Apostates, heretics, and schismatics (2314: i). 
 
 Apostates are baptized persons who have completely given 
 up the Christian faith (1325:2). Heretics are baptized per- 
 sons who call themselves Christians, yet deny or doubt 
 some article of faith. This denial or doubt, however, must 
 be externally manifested, which holds good also for schis- 
 matics and apostates. Suspected of heresy (and subject to 
 the same censure as heretics) are those who despite warning 
 and punishment do not remove the cause of suspicion and 
 pass half a year without emendation. Such are de iure (a) 
 those who consciously aid the spread of heresy, or are guilty 
 of communicatio activa in sacris with heretics (1258; 
 2316) ; (&) the persons mentioned in the first excommunica- 
 tion of group "A"; in the fourth of the present group "B"; 
 and in the second excommunication of the group reserved 
 to the Ordinary; (c) those who knowingly confer or receive 
 Holy Orders or other sacraments simoniacally (2371) ; (d) 
 those who persist a year under censure of excommunication 
 (2340:1). Schismatics are baptized persons who refuse to 
 acknowledge the headship of the Pope, or to be in communion 
 with the members of the Church (1325:2). 
 
 This censure is reserved to the Pope for the internal forum 
 alone. Pro foro exierno juridical abjuration before the
 
 38 CENSURES 
 
 Ordinary or his delegate and at least two witnesses, is suf- 
 ficient, and thereupon any confessor can absolve from the 
 sin (2314:2). 
 
 2. Publishers of books by apostates, heretics, or 
 schismatics, in which apostasy, heresy or schism is de- 
 fended. The books must actually have appeared in 
 trade. Likewise persons who defend or knowingly 
 without permission read or keep the above mentioned 
 books, or others forbidden by papal decree which men- 
 tions them by title (and probabiliter also "sub poena 
 excommunicationis" ) . 
 
 Prohibition by decree of a Congregation would not suffice; 
 there must be a document of the Pope, such as an encyclical, 
 bull, or brief (2318:1). 
 
 3. Persons not priests who feign to say Mass or 
 hear confessions (2322). 
 
 4. Persons who appeal from acts of the Pope to 
 a General Council (2332). 
 
 5. Those who have recourse to the civil power in 
 order to hinder communications or orders of the Apos- 
 tolic See or of its legates; those who directly or in- 
 directly impede the publication or execution of such
 
 CENSURES 39 
 
 communications or orders; those who gravely injure 
 or threaten any one on their account (2333). 
 
 6. Those who pass laws or decrees against the 
 liberty or rights of the Church (2334; i). 
 
 7. Those who impede the exercise of ecclesiastical 
 jurisdiction by having recourse for this purpose to any 
 secular power (2334: 2). 
 
 8. Whosoever dares, without permission of the 
 Apostolic See, to cite before a lay judge a Cardinal, 
 a Papal Legate, a higher official of the Roman Curia, 
 or his own Ordinary (2341). 
 
 9. Whosoever lays violent hands upon a Cardinal, 
 a Papal Legate, or a Bishop (2343:2, 3). 
 
 10. Whosoever seizes or holds in possession goods 
 or rights of the Roman Church (2345). 
 
 11. Whosoever falsifies or forges papal writings, 
 or knowingly makes use of such forged writings 
 (2360). 
 
 12. Whosoever personally or through others falsely 
 accuses a confessor of the crime of solicitation, before 
 an ecclesiastical superior (2363).
 
 40 CENSURES 
 
 C. "Simpliciter" are incurred by 
 
 1. Trafficking in indulgences (2327). 
 
 2. Joining the Freemasons, or similar (secret) 
 societies that plot against the Church or against 
 legitimate civil authority (2335). 
 
 Other organizations of this type are, for example, the 
 Carbonari, Anarchists and Nihilists, but not the ordinary 
 run of Socialists, as these have an open organization. 
 
 3. Knowingly absolving from an excommunication 
 reserved to the Pope specialissime or spedaliter with- 
 out having the necessary faculties (2338: i.) 
 
 4. Aiding or abetting an excommunicatus vitandus 
 in his crime; for clerics also, knowingly and freely 
 communicating in divinis with such a person, or per- 
 mitting him to be present at divine services (2338: 2). 
 
 5. Citing a Bishop, Abbot, Prelate nullius, or the 
 Superior General of a papally-approved religious or- 
 ganization before a lay tribunal, without permission 
 of the Apostolic See (2341). 
 
 6. Violating the cloister of Regular organizations 
 
 of solemn vows (2342). 
 
 t 
 
 This censure is incurred by (a) persons of either sex who
 
 CENSURES 41 
 
 without proper permission enter the cloister of female Reli- 
 gious of solemn vows; (&) whoever brings in such persons 
 or allows them to enter; (c) religious women who leave 
 papal enclosure illegitimately (see 601) ; (d) female persons 
 entering the cloister of male religious; (?) superiors or 
 others that bring in such persons or allow them to enter 
 the enclosure. 
 
 7. Expropriation of ecclesiastical goods of any 
 kind, as well as subsequent acquisition thereof, or 
 preventing the fruit or income from going to those 
 entitled thereto (2346). 
 
 The goods must be returned, or the hindrance cease, 
 before absolution can be received. 
 
 8. Duelling (2351) and having any part therein. 
 
 This includes the principals themselves; those who chal- 
 lenge or accept a challenge; those that assist at a duel, or 
 favor it, or even witness it de industria (not simply by ac- 
 cident or out of curiosity) ; persons in proper authoritative 
 position who permit a duel or do not strive to prevent it as 
 best they can. 
 
 9. Attempted marriage (even if only civil) by or 
 with clerics in major orders or Religious of solemn 
 vows (2388: i).
 
 42 CENSURES 
 
 10. Simony in acquiring or conferring ecclesiastical 
 offices, benefices, or dignities (2392). 
 
 11. Removing, destroying, concealing, or substan- 
 tially altering documents of any episcopal curia (2405). 
 
 II. EXCOMMUNICATIONS RESERVED TO THE ORDINARY 
 
 These are incurred by 
 
 1. Catholics who give or renew matrimonial consent 
 before a non-Catholic religious official as such (2319). 
 
 2. Catholics who at the time of marriage explicitly 
 or tacitly agree to have all or some of their children 
 receive a non-Catholic education; and Catholics who 
 knowingly and intentionally have their children bap- 
 tized by a non-Catholic religious official; and likewise 
 Catholic parents or guardians who knowingly have 
 children subject to them brought up or instructed in 
 a non-Catholic religion (2319). 
 
 3. Those who make, or knowingly sell, distribute, 
 or expose for public veneration false relics (2326). 
 
 4. Those that lay violent hand on a cleric below 
 the rank of Bishop, or upon a Regular of either sex 
 (including novices) (2343:4).
 
 CENSURES 43 
 
 5. Those procuring abortion effectu sequuto, the 
 mother herself not excepted (2350). 
 
 6. Professed of perpetual vows who apostatize from 
 their religious organization (2385 ; compare with 644). 
 
 This may be incurred by illegitimately leaving the cloister 
 with the object of not returning, or, after having legitimately 
 left, not returning, with the object of withdrawing from 
 religious obedience. This object is presumed by law when 
 such a person does not return within a month, or at least 
 manifest his willingness to return. For exempt religious 
 organizations of clerics this censure is reserved to the higher 
 Superiors; for others, to the Ordinary of the place where 
 the apostata is staying. 
 
 7. Professed of perpetual simple vows who contract 
 marriage (even civilly) as well as their consorts 
 (2388: 2). 
 
 III. EXCOMMUNICATIONS RESERVED TO NO ONE 
 
 These are incurred by 
 
 i. Publishers who without proper permission edit 
 or print texts of the Scriptures, or notes and com- 
 mentaries thereon (2318).
 
 44 CENSURES 
 
 2. Those who by command or coercion force the 
 ecclesiastical burial of infidels, notorious apostates, 
 heretics, schismatics, or persons excommunicated by 
 name or interdicted (2339; see also 1240: i). 
 
 3. Those who alienate ecclesiastical property know- 
 ingly without papal permission when the latter is re- 
 quired (2347; compare with 534: i) ; this applies also 
 to the persons accepting such property, or agreeing to 
 its alienation. 
 
 4. Those who force a person in any manner to enter 
 the clerical or religious state, or to take religious vows 
 (even temporal: 2352). 
 
 5. Penitents who knowingly neglect to denounce a 
 confessarius sollicitans to proper authorities within 
 one month (2368: 2). These can be absolved only 
 after they have complied with their obligation, or at 
 least seriously promised to do so. 
 
 INTERDICTS "LATAE SENTENTIAE" 
 
 An interdict reserved to the Pope speciali modo is 
 incurred by universities, colleges, chapters, and other 
 moral persons who appeal from dispositions of the 
 Pope to a General Council (2332).
 
 CENSURES 45 
 
 An interdict "ab ingressu ecclesiae"* reserved to 
 the Ordinary is incurred by the following offenses: 
 
 1. Spontaneously according infidels, notorious apos- 
 tates, heretics, schismatics, and persons excommuni- 
 cated by name, and interdicted persons, ecclesiastical 
 burial (2339). 
 
 2. Knowingly celebrating, or permitting to celebrate, 
 divine services in interdicted places, as well as know- 
 ingly permitting clerics excommunicated by name, or 
 suspended, or interdicted, after a declaratory or con- 
 demnatory sentence, to exercise functions of Orders 
 forbidden by the censure (2338: 3).* 
 
 A personal interdict (which is not a censure, but a vin- 
 dictive penalty) is incurred by him who has given occasion 
 for fulminating an interdict upon a place, a community, or 
 a collegiate body (2338:4). For the effects of a personal 
 interdict consult Canon 2275. 
 
 'This means that the person thus interdicted is prohibited to 
 celebrate in a church, or to assist at divine services, or to re- 
 ceive ecclesiastical burial 
 
 4 The latter is no censure, but rather a poena vindicative, since 
 the interdict holds good ad beneplacitum superioris (see 
 2291 :2 ).
 
 4 6 CENSURES 
 
 SUSPENSIONS "LATAE SENTENTIAE" 
 
 1. Reserved to the Pope: 
 
 (a) Suspensio to tolls (ab officio et beneficio) 
 of clerics who knowingly confer or re- 
 ceive Orders or any other sacrament 
 simoniacally (2371). 
 
 (b) Suspensio a suscepto or dine of persons 
 who maliciously receive Orders without 
 dimissorial letters, or with false letters, 
 or before the canonical age, or per sal- 
 turn (2374). 
 
 (c) Suspensio totalis of a Religious in major 
 Orders whose profession has been de- 
 clared null on account of deception used 
 by him in making it (2387). 5 
 
 2. Suspension ab officio reserved to the Ordinary is 
 incurred by clerics who, without permission of the 
 local Ordinary, dare to cite a simple cleric (one below 
 
 "This also is a pcena vindicative!, and not a censure, because 
 it remains effective till the Holy See thinks fit to remove it 
 (2387; see also 2298; 2).
 
 CENSURES 47 
 
 the rank of Bishop or Superior General) or a religious 
 before a lay tribunal (2341), 
 
 3. Suspensio totalis reserved to the higher Regular 
 Superiors is incurred by a religiosus fugitivus in major 
 Orders until such time as he returns (2386). 
 
 A fugitive Religious is one who leaves the cloister without 
 the permission of his superiors, yet with the intention of 
 returning, which latter is wanting in an apostate religious 
 (644:3)- 
 
 4. Suspensions nemini reservatae are incurred by 
 the following, among others : 
 
 (a) By priests who knowingly hear confes- 
 
 sions without having the required juris- 
 diction suspensio a divinis. 
 
 (b) By confessors who knowingly absolve re- 
 
 served cases without proper faculties 
 suspensio ab audiendis confessionibus 
 (2366). 
 
 (c) By Regular Superiors who, contrary to the 
 
 provisions of the law (965-967), de- 
 liberately send their subjects to a Bishop 
 other than the diocesan for ordination
 
 48 CENSURES 
 
 (2410). This last is not a censure, but 
 a poena vindicative,. 
 
 Other suspensions, having to do chiefly with illegal 
 ordination, are provided in Canons 2370, 2372, 2373, 
 2400, 2402, 2409. 
 
 ABSOLUTION OF CENSURES 
 
 General Principles. If one has incurred a censure 
 he can be freed therefrom only through legitimate ab- 
 solution (2248: i; 2236: i). If he has incurred a 
 censure that hinders the reception of the sacraments, 
 he can not be validly absolved from his sins unless 
 he has previously been freed from the censure 
 (2250: 2). The absolution of a censure can not be 
 refused whenever the guilty person has given up his 
 evil disposition (contumacia} in the matter (2248: 2) ; 
 that is, when he sincerely regrets his offense and makes 
 good any scandal or damage caused, or at least earn- 
 estly promises reparation (2242: 3). 
 
 An absolution from censure in foro externo holds 
 good also in the realm of conscience; but not con- 
 versely. However, one who has been absolved in foro
 
 CENSURES 49 
 
 inferno from a censure may conduct himself as ab- 
 solved in acts of the external realm also as long as 
 there is no scandal given thereby and the ecclesiastical 
 superiors do not object (2251). 
 
 Formula for Absolution. The form contained in 
 the Ritual, given immediately before the sacramental 
 absolution, namely: "Dominus nosier lesus Christus," 
 etc., is to be used in the absolution from censures in 
 foro sacramentali (2250:3). Outside of the latter, 
 absolution from censure may be imparted by any con- 
 venient and fitting form ; such are given in the Ritucde 
 Romanum, Tit. Ill, Cap. 3, 5. 
 
 Be it noted that a person who has incurred several cen- 
 sures may be absolved from one of them without at the 
 same time being released from the others (2249:1). In 
 order to be absolved from all censures incurred, the guilty 
 person must make known all his censures to the one absolv- 
 ing. A general absolution is not effective for censures con- 
 cealed mala fide, although it is valid for such as are over- 
 looked bona fide, except for censures reserved to the Pope 
 specialissimo tnodo (2249:2).
 
 50 CENSURES 
 
 FACULTIES TO ABSOLVE RELATIVE TO CENSURES 
 
 Censures that are not reserved may be absolved by 
 any confessor in the Sacrament of Penance (2253: 
 
 i). 
 
 Reserved censures are validly absolved by any con- 
 fessor if he is not acquainted with the reservation, 
 except in the case of censures reserved ab homine and 
 pf those reserved to the Pope specialissimo modo 
 (2247: 3). 
 
 Censures reserved in a particular district may be absolved 
 by any confessor outside that district, and that even when 
 the guilty person has gone outside the particular district 
 in fraudem reservationis (2247:2). 
 
 In Casibus Urgentioribus any confessor can absolve 
 from all censures reserved in any way whatsoever, in 
 the Sacrament of Penance, whilst at the same time 
 placing upon the penitent the obligation of recourse 
 (2254: 1 ). A case may be considered urgent ( i ) when 
 the censure incurred can not be lived up to externally 
 without danger of grave scandal or grave injury to
 
 CENSURES 51 
 
 reputation; 6 (2) when the penitent finds it hard to 
 continue in the state of mortal sin until such time as the 
 proper superior can impart either the absolution or the 
 necessary faculties. 7 
 
 OBLIGATION OF RECOURSE 
 
 After absolution has been received from certain cen- 
 sures, there may still remain an obligation to have 
 recourse to the proper superior, under penalty of fall- 
 ing back into the same censure. This obligation is 
 incurred in the following cases: 
 
 I. By persons who whilst in danger of death have 
 received absolution from a priest not properly author- 
 ized for a censure reserved to the Pope specialissimo 
 modo. Such persons must, not later than a month 
 after their restoration to health, get in touch with the 
 Sacred Penitentiary, or with any other person dele- 
 gated with the necessary faculties, and receive and 
 
 6 This danger can easily occur in connection with an obligation 
 of celebrating Mass or receiving Holy Communion. 
 
 7 This case may occur frequently, for to have to wait even 
 one or two days may be quite onerous to the penitent.
 
 52 CENSURES 
 
 conform himself to the usual mandata } advice and 
 penance (2252; see also 2251 and 2254: i). 
 
 2. By any person who whilst in danger of death 
 has been absolved from a censura db homine, as above. 
 He is obliged to have recourse to the person who has 
 inflicted the censure. 
 
 3. By any person who under urgent circumstances 
 (casus urgentior} has been absolved by a confessor 
 not specially authorized, from any censure reserved to 
 either the Pope or the Ordinary. The obligation of 
 [recourse in this case is to the Sacred Penitentiary, or 
 the Ordinary, or any ecclesiastical superior (e. g., an 
 Apostolic Delegate), but not to any simply delegated 
 person (2254: i). 
 
 Recourse may be had either personally or in writing, by 
 the censured party himself or through an intermediary. 
 Practically it is generally done through the confessor. For 
 ordinary lay persons find the composition and sending of 
 the proper letter (and the Roman Curia is prepared to cor- 
 respond in Latin, Italian, English, German, French, Spanish, 
 and Portugese) difficult enough; they could scarcely be ex- 
 pected to grasp the technicalities, clauses and instructions of 
 the rescript received in return. 
 
 The obligation of recourse no longer binds when it
 
 CENSURES 53 
 
 becomes morally impossible in some extraordinary 
 case (2254: 3), as when it can be undertaken only at 
 the risk of grave injury to character (2254: i). 
 
 This may happen when confidential correspondence with 
 Rome or with the Bishop or other superior is jeopardized 
 by circumstances; also when the penitent himself can not 
 have recourse, and still will be unable to get into communi- 
 cation with his confessor (who might make recourse for him) 
 in order to receive the ntandata, because he has met the latter 
 only transitorily, on occasion of a mission, for example. 
 
 In such a case the confessor can absolve from all reserved 
 censures (with the exception of the one upon absolutio cont- 
 plicis 8 ) without obliging him to recourse. At the same time 
 he is to impose the duties and penance provided in the ordi- 
 nary course of law. Particularly is the penitent to be 
 obliged, under penalty of reincurring the censure, to perform 
 a properly proportioned penance within a definitely assigned 
 period, and, whenever it is called for, to make satisfaction 
 for damage or scandal (2254:3). 
 
 Even after a penitent has received absolution from 
 censure conjoined to the obligation of recourse, and 
 
 8 This exception is grounded upon the particular heinousness 
 of the offense, on one part, and on the other upon the fact that 
 the delinquent priest may himself easily take care of the matter 
 of recourse and receive the ntandata in such manner that they 
 will not need execution by a third person (per rescriptum in 
 forma gratiosa, Holy Office, June 3, 1899).
 
 54 CENSURES 
 
 even after recourse itself has been begun, he is always 
 at liberty to resubmit his case to a specially authorized 
 confessor and to request from the latter absolution 
 from the sin with censure attached. If it is granted 
 he must abide by the stipulations of this confessor, 
 and later, different mandata received from a superior 
 through the recourse, need not then be followed 
 (2254: 2\. 
 
 PRACTICAL PROCEDURE 
 
 When a penitent confesses a sin that has a reserved 
 censure attached, the confessor must first of all assure 
 himself that the person has actually incurred the cen- 
 sure; that is, he must determine whether all the con- 
 ditions required by law for the coming into effect of 
 the censure both on the part of the delinquent himself 
 and on the part of the offense, have been fulfilled (see 
 pp. 31, 32 above). Moreover, he must examine 
 whether there may not be subjective grounds for ex- 
 cuse, such as ignorance of the law, and particularly of 
 the punishment (see pp. 33, 34 above). 
 
 It is on the latter account that lay persons relatively sel- 
 dom incur censures, because they are not in duty bound to
 
 CENSURES 55 
 
 be acquainted with the ecclesiastical penal code; generally 
 speaking, they must have received some warning. It is 
 quite different for clerics, who are by their very position 
 obliged to know something of censures ; with them ignorance 
 may easily be crassa or even affectata, which does not 
 excuse. 
 
 If, upon examination, it is clear that the penitent 
 has actually incurred the censure, then in turn the 
 confessor must determine whether he himself is author- 
 ised under any title (general law or diocesan prescrip- 
 tion or personal delegation) to grant absolution in the 
 case. 
 
 If he himself can absolve without obliging to re- 
 course to higher authorities, then the absolution is to 
 be preceded by proper warnings, and a proportionate 
 penance imposed. 
 
 If he can absolve only by at the same time imposing 
 the obligation of recourse, the penitent is to be in- 
 structed in this regard. Practically the confessor will 
 generally have to offer himself as mediator for the 
 recourse/ 
 
 9 
 
 9 The confessor as intermediary for recourse has to be careful 
 of the seal of confession. Only fictitious names are to be used. 
 A form for recourse is given in the Appendix.
 
 56 - CENSURES 
 
 If he can not absolve under the circumstances, he 
 must either direct the penitent to some attainable per- 
 son who has the requisite authority, or he must ask 
 him to wait until such time as proper faculties can be 
 obtained from the Sacred Penitentiary or from the 
 Ordinary. 10 
 
 "To the province of the Ordinary belong (a) all censures 
 reserved to him; (&) all censures reserved to the Pope sim- 
 pliciter when the cases are occult (2237:2) ; (c) under the latter 
 condition frequently also censures reserved to the Pope special* 
 modo. In fact, so long as there is no danger of violating the 
 seal, it is generally convenient to appeal to the Ordinary for 
 the mediation of recourse in all cases of censures reserved to 
 the Pope.
 
 SECOND SECTION 
 
 IN REGARD TO 
 
 I. THE PRECEPTS OF THE CHURCH 
 II. VOWS AND PROMISSORY OATHS 
 
 III. MATRIMONIAL IMPEDIMENTS 
 
 IV. IRREGULARITIES 
 
 V. VINDICTIVE PENALTIES
 
 FIRST PART 
 
 FACULTIES FOR DISPENSATION IN REGARD TO THE 
 PRECEPTS OF THE CHURCH 
 
 OBLIGATION OF HEARING MASS, AND PROHIBITION OF 
 WORK ON SUNDAYS AND HOLY DAYS 
 
 Besides all the Sundays of the year, the following 
 feasts are holy days of obligation for the universal 
 Church : Christmas, New Year's, Epiphany, the Ascen- 
 sion, Corpus Christi, the Immaculate Conception and 
 the Assumption of Our Lady, the Feasts of St. Joseph 
 (March iQth), Sts. Peter and Paul, and All Saints. 
 Of the above list the Feasts of Epiphany, Corpus 
 Christi, St. Joseph, Sts. Peter and Paul are not of 
 obligation in the United States, where the list of the 
 Third Council of Baltimore is still to be followed. 
 
 Patronal feasts are not holy days of obligation (1247:2); 
 the Ordinary may transfer their external observance to the 
 following Sunday. If in some country or territory any of 
 
 59
 
 6o PRECEPTS OF THE CHURCH 
 
 the above holy days are legitimately suppressed or trans- 
 ferred, no change is to be made in that regard without consul- 
 tation of the Holy See, to which alone is reserved the selec- 
 tion, transfer, and suppression of feasts for the universal 
 Church (1244). 
 
 Other holy days of obligation for particular terri- 
 tories can be instituted (a) by special apostolic indult 
 obtained after the promulgation of the Code (par- 
 ticular indults or customs in this matter dating from 
 before the Code no longer have force); 1 (&) on the 
 base of a concordat or similar agreement between the 
 Church and divers States (see Canon 3) ; (c) in tran- 
 sitory instances, by order of the local Ordinary, who 
 is empowered to appoint such days as well as abstinence 
 or fast days for his diocese or for sections thereof 
 per modum actus (1244: 2). 
 
 The duty of "keeping holy" Sundays and feast days 
 is binding upon all the faithful who have attained the 
 use of reason, after their seventh year of age (12), 
 and implies a double obligation: 
 
 i. The hearing of Mass, or celebration thereof. 
 This obligation may be satisfied by hearing one Mass 
 
 1 Commission for Interpretation of the Code, Feb. 17, 1918, 
 ad III.
 
 PRECEPTS OF THE CHURCH 61 
 
 in any church and any public or semipublic chapel, or 
 in any private mortuary chapel 2 (but in other private 
 oratories only by papal privilege), or beneath the open 
 sky (1249). 
 
 2. Abstention from certain acts, namely: (a) servile 
 works; (b) forensic acts, such as trials; (c) public 
 mercantile transactions, such as marketing and general 
 commercial buying and selling ( 1248). The acts men- 
 tioned in the last group may be permitted either by 
 legitimate custom or by special indults. 
 
 Faculties for Dispensation in above matters are 
 granted by law to pastors, who in individual cases and 
 for a just reason may exempt persons or families of 
 their parish anywhere, or strangers within their parish. 
 They can not dispense the parish as a whole. The 
 above faculties extend both to the hearing of Mass 
 and the prohibition of work, but can not be applied 
 habitually, although their application can be repeated 
 so long as the iusta causa persists. 3 Superiors of ex- 
 
 *By these are meant not undertakers' parlors or "chapels," 
 but private oratories erected in a cemetery by persons as mau- 
 soleums for their burial (1190). 
 
 "It is quite doubtful whether pastors can delegate these facul- 
 ties to others under the provisions of Canon 199:1.
 
 62 PRECEPTS OF THE CHURCH 
 
 empt Regular organizations have in regard to their 
 subjects the same faculties as pastors (1245). 
 
 All Fridays of the year outside of Lent are, of them- 
 selves, days of abstinence alone. Days of both fast 
 and abstinence are the following: Ash Wednesday, 
 Fridays and Saturdays of Lent (till noon only on 
 Holy Saturday), Ember Days, and the vigils of Pente- 
 cost, Assumption, All Saints', and Christmas. Days of 
 fast without obligation of abstinence are all the days 
 of Lent not above enumerated, except Sundays. 4 
 
 Particular indults in these matters granted to any 
 nation or group, or Ordinaries, remain in force until 
 they run out or are revoked (1253). 
 
 If a day of fast or abstinence happens to fall upon a 
 Sunday, the obligation simply ceases; the same holds good 
 for holy days of obligation except when they occur within 
 
 4 An extraordinary fast is prescribed on the day preceding the 
 consecration of a church, only for the consecrating Bishop and 
 for those who, as patrons, are having the church consecrated 
 (1166:2; see also the Pontificate Romanum).
 
 PRECEPTS OF THE CHURCH 63 
 
 Lent. 5 Even when a vigil is liturgically anticipated, there 
 is no transference of the fast. 6 If, however, a holyday of 
 obligation in the universal Church is legitimately suppressed 
 or transferred in some district, it has no effect upon the 
 obligation of fast or abstinence (Commission for Interpre- 
 tation of the Code, Feb. 17, 1918, ad /). 
 
 Other, particular, days of fast or abstinence may 
 obtain (a) in transitory instances by order of the Or- 
 dinary (1244:2); (b) on the base of a vow of a 
 juristic person (diocese, parish, etc.); (c) on the 
 ground of rules or constitutions of religious organiza- 
 tions (1253). 
 
 The precept of abstinence obliges all the faithful 
 who have arrived at the use of reason to do without 
 meat or meat juice (ius ex carne, 1250) at stated 
 periods after their seventh year of age (1245: I ; 12). 
 The precept of fasting allows the faithful who have 
 completed their 2ist year of age and not yet begun 
 their 6oth (1245: 2) to take but one full meal a day 
 
 8 On holy days in Lent the fast persists (Commission for Inter- 
 pretation of the Code, Nov. 24, 1920, ad II; Ada Apostolicae 
 Sedis 1920, p. 576). 
 
 8 Thus, should the feast of All Saints fall upon Monday, the 
 vigil is liturgically anticipated on the previous Saturday, but the 
 precept of fasting ceases nevertheless.
 
 64 PRECEPTS OF THE CHURCH 
 
 at the times appointed (1251: i). Besides this full 
 meal, however, a slight repast is allowed on the occa- 
 sion of the two other customary meals, whereat in 
 respect to quantity and quality the legitimate customs 
 of the country are to be followed. 
 
 Faculties for Dispensation are by law granted to 
 pastors whereby they can, in individual cases and for 
 particular persons or families, dispense their parishion- 
 ers anywhere, and strangers within their parochial ter- 
 ritory, from the precepts of fast or abstinence, or both 
 (1245: i). Superiors of exempt Regular organiza- 
 tions of clerics have the same faculties in regard to 
 their subjects (1245 : 3)- 
 
 Confessors have in these matters no faculties as by law 
 granted, though they are frequently delegated for individual 
 cases of their penitents. Further dispensations than the 
 above have to be sought of the Congregation of the Council 
 (250:2) or of the Ordinary. 7 
 
 T The diocesan Lenten regulations should be consulted for 
 details. Applications for further dispensation are best made to 
 the Ordinary, as he is generally empowered with special dele- 
 gation, and besides has ordinary faculties to dispense his diocese 
 or parts thereof from this precept on account of any great con- 
 course of people, on religious or civic occasions, or because of 
 epidemic disease (1245:2). Religious can take advantage of dis-
 
 PRECEPTS OF THE CHURCH 65 
 
 EASTER COMMUNION 
 
 According to Canon Law, the season within which 
 every one of the faithful who has arrived at the use 
 of reason must receive Holy Communion (859: i) 
 worthily (861) extends from Palm Sunday to 
 Low Sunday (the Sunday after Easter) inclusively 
 (859:2). However, the local Ordinaries are em- 
 powered, according to the needs of persons and places, 
 to extend further, for individuals or for all, the season 
 for this purpose. It is, however, not to begin before 
 Laetare Sunday (the fourth of Lent) or to go beyond 
 Trinity Sunday. 
 
 Whoever has, through his own fault or otherwise, not 
 received Holy Communion within the prescribed time, is 
 obliged to make good his omission, because he is still bound 
 by the general precept of yearly Communion (Lehmkuhl I, 
 1453; Genicot, Noldin), which is probably binding until 
 the next civil New Year. 
 
 Every pastor and approved confessor* is authorized 
 to permit his penitents to prorogue the reception of 
 
 pensations of the Ordinary whenever their vows or rules do not 
 oblige them beyond the ordinary fasting regulations of the 
 Church.
 
 66 PRECEPTS OF THE CHURCH 
 
 Easter Communion temporarily beyond the legal 
 period, when there exists a reasonable cause therefor 
 
 Reasonable causes in this matter would be: the necessity 
 of putting off absolution on account of doubtful requisite 
 dispositions; necessity of repairing scandal; irremovable 
 hindrance to Communion, such as a trip that can not be put 
 off; impossibility of receiving absolution except from a 
 confessor to whom one can not go to confession without at 
 least great embarrassment. 
 
 COMMUNION FAST 
 
 The reception of Holy Communion must be pre- 
 ceded by an absolute fast, from midnight on, except 
 in case of danger of death, or when there exists the 
 necessity of keeping the Sacred Species from profana- 
 tion, by consuming them, or when the essence of Mass, 
 already begun, has to be completed (858: i). 
 
 For determining the midnight hour in this matter, one is 
 not bound to the local time, but can make use of the astro- 
 nomical, civic, legal, or extraordinarily adopted (such as 
 "daylight saving") time system (33:1). There is, moreover, 
 
 *"Proprius sacerdos" has generally been taken to mean the 
 confessor, which interpretation is supported by Canon 6, 2.
 
 PRECEPTS OF THE CHURCH 67 
 
 no obligation of law to anticipate midnight with the fast 
 when Holy Communion is to be received shortly after mid- 
 night, as may happen at Christmas, etc. 
 
 Grant of the Laiv for Sick Persons. Those who 
 have been bound by serious illness for a month, and 
 are without hope of speedily recovering their health, 
 may, upon the advice of their confessor, receive Holy 
 Communion once or twice a week, even if they have 
 since midnight taken some medicine, or some drink 
 or nourishment in liquid form (858: 2). 
 
 Such patients need not necessarily be continually confined 
 to bed (S. Cong. Council, March 25, 1907). However, 
 where persons, although ill, are able to be up and about 
 sufficiently to leave the house, this privilege can not be used, 
 even though they find it difficult or impossible to receive 
 Holy Communion fasting or in church. This may frequently 
 be the case with persons afflicted with some heart trouble. 
 For such a special indult may be requested from the S. 
 Congr. of Sacraments. 
 
 In this connection it is well to remember that Holy Com- 
 munion may be administered as Viaticum, consequently, 
 without obligation of fast, more than once, on different days, 
 so long as the danger of death continues (864:3).
 
 SECOND PART 
 
 FACULTIES FOR DISPENSATION IN REGARD TO Vows 
 AND PROMISSORY OATHS 
 
 A Vow is a promise made freely and deliberately 
 to God to do some good that is possible and better 
 than its opposite (1307: i). Vows are distinguished 
 into personal, which oblige to some personal action 
 on the part of the one promising; and real, whereby 
 a thing (such as alms) is promised to God. These 
 two kinds may be combined to form a mixed vow 
 (1308: 4). Private vows are such as are taken when 
 the Church has no part in the making of the promise. 
 In public vows the promise is received by some ec- 
 clesiastical superior in the name of the Church; if this 
 is done with special authority or solemnity the vows 
 are called solemn; otherwise, like all private vows, 
 
 they are simple (1308: I, 2). Vows, moreover, are 
 
 68
 
 VOWS AND PROMISSORY OATHS 69 
 
 reserved when only the Pope or some other duly 
 authorized person can dispense therefrom (1308: 3). 
 
 Two private vows are reserved to the Holy See: (i) the 
 vow of perpetual and perfect chastity, 1 and (2) the vow to 
 enter a religious organization having solemn vows (1309; 
 488:2) provided that such a vow is taken unconditionally 
 and after the completed eighteenth year of age. 
 
 'An Oath is a calling upon God as witness of 
 one's truthfulness (1316: i) in a declaration (iura- 
 mentum assertoriuwi) or a promise (iuramentum 
 promissorium) . In the latter case, which alone is here 
 considered, the person swearing is bound to what he 
 has promised, ex titulo religionis (1317: i), be it a 
 resolution, a simple promise, a contractual promise, or 
 a vow. 
 
 Reserved to the Holy See is a promise made under oath 
 in favor of another who insists upon its fulfillment (1320). 
 
 1 This would not include, for example, the vow never to marry, 
 or of conjugal continence, or a vow of perfect chastity for but 
 a time only.
 
 70 VOWS AND PROMISSORY OATHS 
 
 POWER OF IRRITATION 
 
 By Irritation of a vow or promissory oath is under- 
 stood its complete and perpetual voidance by any per- 
 son who has dominative power over the will of the 
 one vowing or swearing (1312: i ; 1320). To be licit 
 on the part of the voiding person there must be a just 
 cause. 
 
 Since Religious Superiors have potestas dominativa 
 (501: i) over the professed subject to them by virtue 
 of the vow of obedience, they possess also the power 
 of making void private vows or promissory oaths 
 taken by the latter after their profession. Any vows 
 taken before profession are considered suspended dur- 
 ing the period that a professed remains a member of 
 his organization (1315). 
 
 Pastors and confessors, as such, have no power of irri- 
 tation, not having potestas dominativa. 
 
 The father (or his legitimate representative, as a guard- 
 ian) can void vows or promissory oaths of his children taken 
 by them before the age of puberty and not afterwards 
 renewed; and the husband has the same power in regard to 
 vows or promissory oaths taken by his wife after their mar- 
 riage.
 
 VOWS AND PROMISSORY OATHS 71 
 
 POWER OF SUSPENSION 
 
 If a person, though not possessing any direct rights 
 over the will of another, has nevertheless power over 
 the object of a vow or a promissory oath, he can sus- 
 pend the obligation of such vow or oath in so far and 
 as long as its fulfillment runs counter to his rights 
 (1312:2). 
 
 Thus religious Superiors can suspend vows and promissory 
 oaths of their novices and postulants, when the fulfillment 
 of these would be counter to the organization's rights. The 
 same holds good for parents and guardians in regard to 
 their children; for married persons in regard to such vows 
 or oaths made even before marriage, when they run counter 
 to the fulfillment of marital rights; for masters in regard 
 to such vows or oaths of their servants as would interfere 
 with the latter's fulfillment of their proper duties. 
 
 POWER OF DISPENSATION 
 
 A dispensation, unlike irritation and suspension, is 
 the release of the obligation of a vow or promissory 
 oath, granted by competent authority in the name of 
 God.
 
 72 VOWS AND PROMISSORY OATHS 
 
 In order that a dispensation be valid, besides proper 
 authority on the part of the grantor, it is required ( I ) 
 that there be a just reason (as, for example, the glory 
 of God, the need of the Church, the State, or the 
 family, the spiritual welfare of the person who has 
 vowed, or on the part of the vow itself, lack of de- 
 liberation or some fear) ; (2) that the vow or promis- 
 sory oath be not in favor of a third party who insists 
 upon the fulfillment thereof. A causa mediocriter 
 grauis suffices for valid dispensation, which latter 
 holds good also when there is doubt as to the suffi- 
 ciency (not the existence} of the cause (84:2). In 
 all cases the person vowing or swearing must be 
 willing to be dispensed. 
 
 In order that the dispensation be licit the ground 
 for dispensing must correspond to the gravity of the 
 vow or oath itself. In some cases the dispensation 
 is to be connected with the commutation of the obliga- 
 tion into a lesser one (particularly when there was full 
 deliberation and freedom in taking on the original 
 obligation). 
 
 The Superior of an exempt clerical organization, 
 under the conditions given above, can dispense his sub-
 
 VOWS AND PROMISSORY OATHS 73 
 jects from all non-reserved vows and promissory oaths 
 
 The confessors of Regular Orders, by virtue of 
 special privilege, have, in relation to their secular peni- 
 tents, the same faculties, under similar conditions. 
 
 Pastors and ordinary confessors as such have no faculties 
 to dispense in these matters. Consequently, where irrita- 
 tion, suspension, or commutation do not apply, they must 
 direct the faithful to some one properly empowered or 
 themselves obtain necessary authorization from the Sacred 
 Penitentiary or the Ordinary. The latter has ordinary 
 power in these matters similar to those of religious superiors 
 relative to their subjects (1313:1; 1329). 
 
 POWER OF COMMUTATION 
 
 Commutation of a vow or promissory oath consists 
 in replacing or changing for another the good work 
 promised. The exchange may be for either an equal, 
 a better, or a less good work, according as the sub- 
 stituted work is equally, or more, or less, efficient for 
 the glory of God or the good of the soul of the person 
 promising. 
 
 Reserved vows can be commuted only with apostolic au- 
 thorization; vows in favor of a third party, only with the
 
 74 VOWS AND PROMISSORY OATHS 
 
 latter's consent, even when the work to be substituted is 
 equally as good or better than the original. 
 
 Vows and promissory oaths other than those just 
 mentioned can be commuted into an equally good or 
 better work by the promisor himself, without any 
 special faculties. But a commutation in mimes bonum 
 becomes equivalent to a dispensation and is subject to 
 the same regulations. 
 
 A causa iusta is required for the licitness of a commuta- 
 tion in opus aequale, and for the validity also of the com- 
 mutation in minus bonum. The reasons, in cases of commu- 
 tation, however, need not be as important as those required 
 for dispensation. The following would be sufficient: a 
 greater subjective inclination for the substitute work, and 
 the consequent better assurance of fulfillment; lessening of 
 danger of non-fulfillment of the vow or promissory oath.
 
 THIRD PART 
 
 FACULTIES FOR DISPENSATION REGARDING THE 
 CONTRACTION OF MARRIAGE 
 
 Impeding Impediments are such as forbid the con- 
 traction of marriage but do not invalidate or nullify 
 the same. They are at present the following three: 
 
 1. The simple vows of virginity, 1 perfect chastity, 
 never to marry, to receive major Orders, to enter the 
 religious life (1058: i). The last holds good even for 
 entering a Congregation (487). 
 
 2. Legal relationship (cognatio legalis} as between 
 persons adopting and their adoptive children, in so far 
 as the civil law of various countries forbids marriage 
 on this account (1059). 
 
 1 "Vovens castitatem promittit abstinere ab omni delectatione 
 venerea s'we illicita, sive licita in matrimonio," Noldin, Summa 
 Theol. Moral, III, 562. 
 
 75
 
 76 MARRIAGE 
 
 3. Mixed Religion; that is, the difference of belief 
 and practice existing between a Catholic and a baptized 
 heretic or schismatic (1060). 
 
 Two conditions are preliminary to the granting of a dis- 
 pensation in the matter of mixed religion: (i) the presence 
 of just and serious reasons (iustae ac graves causae) ; (2) 
 a morally reliable guarantee (cautio), regularly to be given 
 in writing, (a) on the part of the non-Catholic, to remove 
 any danger of religious perversion of the Catholic; and 
 (&) on the part of both Catholic and non-Catholic, of the 
 exclusively Catholic Baptism and education of all issue 
 (1061). 
 
 The Catholic, moreover, is further bound prudently to 
 strive for the conversion of the non-Catholic (1062), but 
 a formal promise to this effect is not required. No formal 
 promise, likewise, is exacted from the non-Catholic to pre- 
 vent a declaration of marital consent before some non- 
 Catholic minister of religion, either before or after the 
 Catholic marriage (1063:1). 
 
 In this matter the penalties of excommunication reserved 
 to the Ordinary may be seen on p. 42. 
 
 Here may be furthermore enumerated certain pre- 
 cepts forbidding marriage, which are no longer canon- 
 ical impediments. Such are: 
 
 i. The vetitum ecclesiae; that is, the temporary pro-
 
 MARRIAGE 77 
 
 hibition of an individual marriage, emanating from 
 the Ordinary, for a just reason (1039: i). 
 
 2. The tetnpus clausum, whereby the celebration of 
 marriage with nuptial blessing is not allowed during 
 the time between the First Sunday of Advent and 
 Christmas and between Ash Wednesday and Easter 
 Sunday, inclusive, in both cases (1108: i, 2). How- 
 ever, for just cause the Ordinary may give permission 
 for nuptial Mass even during the closed time, request- 
 ing the parties to refrain from notable external show 
 (1108:3). 
 
 3. Engagement valid canonically, made, in writing, 
 according to the stipulations of Canon 1017. 
 
 4. Lack of parental consent, in the case of minors, 
 which necessitates consulting the Ordinary (1034). 
 
 Diriment Impediments-, which absolutely nullify the 
 contraction of marriage, are the following thirteen: 
 
 1. Lack of nubile age, in the canonical, not the 
 natural sense. Men must have completed the i6th, 
 women the I4th year of age (1067: i). 
 
 2. Sexual impotence, <f antecedens et perpetua, sive 
 ex parte viri sive ex parte mulieris, sive alteri cognita
 
 78 MARRIAGE 
 
 sive non, sive absoluta sive relativa" (1068: i). If 
 this impediment is legally or factually doubtful, the 
 marriage is not to be prevented (1068: 2); thus the 
 difficulty regarding the case of "extirpatio uteri et 
 ovariorum" is practically solved. Sterility is not a 
 matrimonial impediment (1068: 3). 
 
 3. Previous matrimonial contract still existing (liga- 
 men; 1069: i). A new matrimonial contract can not 
 be entered upon before the nullity or dissolution of 
 any previous marriage, whether civil or religious, has 
 been legitimately and surely established (1069: 2). 
 
 4. Disparity of cult, as existing between Catholics 
 and unbaptized persons such as Jews, Mohammedans, 
 heathens, and all other persons either not baptized at 
 all or certainly invalidly baptized (1070: i). 
 
 Any person who has been baptized in the Catholic Church 
 or has entered the same as a convert from heresy or schism, 
 is considered a Catholic for the purposes of this impediment. 
 The marriages of validly baptized heretics or schismatics 
 are not affected by this Canon. Requirements for dispensa- 
 tion are the same as those for the impediment mixtae 
 religionis (1071: see p. 76). 
 
 In case of doubt concerning the Baptism of the non- 
 Catholic party, a marriage already contracted is to be con-
 
 MARRIAGE 79 
 
 sidered valid, until the absence or nullity of the Baptism of 
 the non-Catholic has been definitely established (1070:2). 
 
 5. Major Orders (ordo sacer; 1072). When, how- 
 ever, it is legally proved that a person received the 
 subdiaconate under the influence of grave fear and 
 after the removal of that fear in no wise expressly 
 or implicitly ratified his ordination, this impediment 
 does not hold good (214). 
 
 6. Solemn Vows, and even simple religious vows 
 when the latter through special declaration of the Holy 
 See have a nullifying effect upon the marriage contract 
 (1073). 
 
 7. Rape, or Abduction when the woman has been 
 kidnapped, or even when she is being kept by force 
 in some place which she freely entered, when such 
 violence has been applied for the purpose of coercing 
 marriage. This impediment ceases as soon as the 
 woman is out of the power of the raptor (1074). 
 
 8. Crime; that is: 
 
 (a) "Adulterium cum promissione matri- 
 
 'Adulterium cum attentatione main-
 
 8o MARRIAGE 
 
 monii," even when the latter is only 
 civil. 
 
 (c) "Adulterium cum coniiugicidio, uno pat- 
 
 rante." 
 
 (d) Moral or physical cooperation in con- 
 
 jugicide ("coniugicidium utroque pat- 
 ran te"; 1075). 
 
 9. Consanguinity in all degrees of direct descent 
 and to the third degree, inclusive of indirect descent 
 second cousins (1076: i, 2). This impediment is 
 induced by blood relationship arising from either 
 marital or illegitimate intercourse. Compounding of 
 this impediment takes place when persons' relationship 
 can be traced to more than one common stem. 
 
 10. Affinity arising only from valid sacramental 
 marriage (whether consummated or not) in all de- 
 grees of direct relationship, and to the second degree, 
 inclusive of indirect relationship (1077: i; 97: I, 2). 
 Compounding of this impediment takes place by com- 
 pounding of the underlying consanguinity of the other 
 party, or when a widowed party enters into valid mar-
 
 MARRIAGE 81 
 
 riage with a blood relative of the deceased party to the 
 former marriage (1077:2). 
 
 11. Public Decency (publica honestas), arising from 
 an invalid marriage or from public or notorious con- 
 cubinage, invalidates marriage with blood relatives of 
 the other party to the second degree of direct relation- 
 ship, inclusive (1078; see also 2197). 
 
 12. Spiritual Relationship (cognatio spiritualis) 
 originating in Baptism, whereby marriage is nullified 
 between the person baptizing and the one baptized by 
 him, and likewise between either of the godparents and 
 the godchild (1079). For conditions establishing this 
 relationship in the latter case see Canons 762 : 2 ; 
 763:2; 765. 
 
 13. Legal Relationship (cognatio legalis) arising 
 from adoption, is a diriment impediment when it is 
 considered such by the law of the land (1080). 
 
 Defects in Matrimonial Consent which have the 
 effect of diriment impediments, are the following four: 
 
 i. Ignorance of the nature of marriage as the per- 
 manent community of life between a man and a woman 
 for the procreation of children (1082: i). The law
 
 82 MARRIAGE 
 
 does not presume such ignorance after the age of 
 puberty (1082:2). 
 
 Ignorance, however, of the unity, indissolubility, or 
 sacramental character of marriage does not affect the 
 validity (1084), unless it should be included as a 
 formal condition in the marriage contract (1092). 
 
 2. Error regarding the other contracting party in- 
 validates the marriage consent (a) when it is a case 
 of mistaken identity (error circa personam) ; (b) when 
 the mistake is in regard to such a quality of the person 
 as to be practically a mistake in identity (as, being 
 a first-born: error circa qualitatem personae redundans 
 in err or em personae} ; (c) when a freeman by mistake 
 considers the other party free when the latter is in 
 fact a slave (1083: 2, 2). 
 
 3. Coercion or fear externally and unjustly brought 
 to bear upon a person for the purpose of necessitating 
 marriage (1087: i). 
 
 4. A Condition attached to the marriage contract it- 
 self, invalidates it, (a) if it is a "conditio de futuro 
 contra matrimonii substantiam" (1092:2); that is, 
 when it excludes an essential ingredient of marriage, 
 such as unity, sacramentality, indissolubility, right to
 
 MARRIAGE 83 
 
 conjugal intercourse (1086: 2) ; (&) any condition of 
 the past or present which has not been fulfilled 
 ,(1092:4?. 
 
 If a morally allowable condition "de futuro" is attached, 
 the realization of marriage is put off until said condition 
 has been fulfilled (1092:3). An immoral, or impossible, or 
 necessarily happening condition "de -futuro" is in law con- 
 sidered as not attached, except it should be against the very 
 nature of marriage (1092:1). 
 
 PRESCRIBED FORM OF CONTRACTING MARRIAGE 
 
 Ordinarily, in order to be valid, marriage has to be 
 contracted before the pastor or the local Ordinary or 
 a priest properly delegated by either of these two, and 
 at least two other witnesses (1094). 
 
 In this matter all the priests enumerated on p. 5 are 
 considered as pastors, except the Rectors of clerical semi- 
 naries (1368) and Religious Superiors. 
 
 Delegation in this matter must be express, given to a 
 definite priest, and for a definite marriage: otherwise it is 
 invalid. A general delegation for "occurring cases" can be 
 validly granted only to ordinary assistant vicars (vicarii 
 cooperatores) for the parish in which they are appointed 
 (1096:1). The substitute vicar (vicarius substitutes), who is 
 to be appointed whenever the pastor is about to be absent over
 
 84 MARRIAGE 
 
 seven days, has of course ordinary and not delegated power 
 in this matter (465:4; 476). The delegating Ordinary or 
 pastor can empower his own delegate also to subdelegate his 
 authoritative assistance at a marriage (199:3-5). 
 
 It is to be noted that authoritative assistance at marriage 
 on the part of the Ordinary or pastor or their delegates is 
 valid only within their respective territories. Outside of 
 these they cannot assist validly at the marriages even of 
 their own subjects, unless properly delegated. Within their 
 own territory, however, their assistance is valid even for non- 
 subjects, strangers (1095:2). Personal pastors, like court, 
 family, and military chaplains, can validly and licitly assist 
 at the marriages of their own subjects anywhere (S. Congr. 
 Council, Feb. I, 1908, ad VII). 
 
 For the licitness of assistance at the marriage of non- 
 subjects, the permission of pastor or Ordinary of the persons 
 to be married, preferably the bride's, is required (1097:1, 2). 
 
 Extraordinarily, marriage may be validly and licitly 
 contracted in the presence of two witnesses, without 
 the assistance of pastor, Ordinary, or their delegate, 
 in the following two cases (1098): 
 
 1. In danger of death, when it is impossible to call 
 or approach the Ordinary or pastor or a priest properly 
 delegated without serious inconvenience. 
 
 2. At other times, whenever the same moral impos- 
 sibility is foreseen to last a month.
 
 MARRIAGE 85 
 
 In both these cases, should a simple priest be available, he 
 should be called in to assist at the marriage with the other 
 two witnesses, although this is not required for validity 
 (1098:2). Under certain circumstances he has faculties for 
 dispensations that may be useful or necessary (see pp. 87-89 
 below). 
 
 The canonically prescribed form for contracting marriage 
 must be followed by all persons baptized in the Catholic 
 Church, or converted thereto from heresy or schism (even 
 if they have later on apostatized) when they contract mar- 
 riage either among themselves or with baptized or unbap- 
 tized non-Catholics (in the latter case even after having 
 obtained dispensations mixtae religionis or disparitatis cul- 
 tus) ; and by members of Oriental rites 2 whenever they con- 
 tract with a person of the Latin rite (1099:1). The follow- 
 ing are not bound to the canonical form unless they wish 
 to contract with a Catholic: baptized or unbaptized non- 
 Catholics; children of non-Catholic parents, even when they 
 have been baptized in the Catholic Church, if from child- 
 hood (before the age of seven) they have been brought 
 up in heresy or schism or infidelity or without any religion 
 at all (1099:2). 
 
 * Oriental rite Catholics, according to Canon i, do not of them- 
 selves fall under the prescriptions of the Code.
 
 86 MARRIAGE 
 
 DISPENSATION FACULTIES FOR MATRIMONIAL IMPEDI- 
 MENTS AND THE PRESCRIBED FORM 
 
 In danger of death (urgente mortis periculo) of 
 either party to be married, 3 for the purpose of quieting 
 conscience * and, where required, for the legitimization 
 of offspring, the following persons, by grant of the 
 law itself, have special dispensation faculties ( 1043 ) : 
 (i) the local Ordinary; and, if the former can not 
 be communicated with personally or by mail (telephone 
 and telegraph are not obligatory), the pastor for his 
 own subjects anywhere, and for all within his ter- 
 ritory; (2) the priest summoned to assist with the two 
 witnesses at a marriage contracted in the extraordinary 
 form; (3) the confessor "pro foro interno" and "in 
 actu sacramentalis confessionis tantum" and only in 
 cases when he can not communicate with the Ordinary, 
 as mentioned above. 
 
 * It is immaterial whether the person dying or the other party 
 is the one in need of dispensation. 
 
 4 This is the "iusta et rationabilis causa" required by these 
 cases for validity, (84:1).
 
 MARRIAGE 87 
 
 The faculties granted in this case extend to the 
 following dispensations: 
 
 (1) From the prescribed canonical form of mar- 
 riage. 
 
 (2) From all impeding or diriment purely ecclesias- 
 tical impediments, with the exception of priesthood and 
 affinity in direct line arising from an already consum- 
 mated marriage (1043). 
 
 Of course, impediments not purely ecclesiastical are of 
 their own nature indispensable: such are the impediments 
 which certainly or at least possibly are founded upon natural 
 law, as sexual impotence (1068:1), consanguinity in the 
 direct and in the first degree of the side line, and the vari- 
 ous defects of marital consent enumerated on pp. 81, 82, like- 
 wise the impediment of previous marriage persisting, which 
 is of divine positive law. 
 
 With such dispensations is included the legitimization of 
 any offspring of the couple, unless it be of adulterous or 
 sacrilegious origin (1051). 
 
 Requirements for such dispensations are: (a) the preven- 
 tion of scandal (especially in the case of conjugicide, of 
 solemn profession, of diaconate or subdiaconate) ; (&) the 
 provision of the prescribed guarantees (cautiones) in im- 
 pediments mixtae religionis and disparitatis cultus (lack of 
 these would make the dispensation invalid) ; (c) the dis- 
 pensing pastor or priest must immediately communicate the
 
 88 MARRIAGE 
 
 dispensation granted pro foro externo to the Ordinary, and 
 likewise make note of the dispensation in the matrimonial 
 register (1046). 
 
 Outside the danger of death special dispensation 
 faculties are granted by the Church in the following 
 two cases of occult impediments only: 
 
 1. In the Casus Perplexus, when an impediment is 
 discovered only when everything is already arranged 
 for the marriage, and the wedding can not, without 
 serious danger of grave evil, such as scandal or injury 
 to good name, be put off until a dispensation can be 
 requested from the Holy See. 
 
 2. In the case of validation of a marriage previously 
 contracted invalidly, under the same conditions as 
 above (1045: 1,2). The danger of sinful intercourse 
 in such cases is to be taken into consideration. 
 
 These faculties extend to all the impediments cov- 
 ered by faculties granted in danger of death (see 
 above), but not to lack of canonical form nor to any 
 impediments that are not occult (1045: 1, 3). 
 
 Requirements are the same as in case of death. Bearers 
 of these faculties (besides the local Ordinary) are, first of 
 all, pastors, on condition that it is either morally impossible
 
 MARRIAGE 89 
 
 to communicate with the Ordinary, or that they can not do 
 so without violating the secret confided; secondly, the priest 
 called in when the marriage contract is made in the extra- 
 ordinary form; lastly, pro foro interno, the confessor "in actu 
 sacramentalis confessionis" when he too either can not com- 
 municate with the Ordinary at all, or can do so only with 
 danger of violation of the seal of confession. 
 
 For all other cases of matrimonial dispensations 
 there is need of special delegation from the Holy See 
 or the Ordinary (1040). The latter is empowered by 
 law to dispense in cases of non-reserved vows pro- 
 hibiting marriage (1309; 1313); concerning the tern- 
 pus clausum (1108: 3) ; and with matrimonial impedi- 
 ments whost fact is doubtful, in so far as the Holy See 
 itself usually dispenses (15). 
 
 In granting or executing matrimonial dispensations, 
 Canons 1047-1057 should be noted. Other details on the 
 licit and valid assistance of Ordinary or pastor or properly 
 authorized delegate will be found in Canons 1095-1097.
 
 FOURTH PART 
 
 FACULTIES FOR DISPENSATION REGARDING 
 IRREGULARITIES 
 
 Irregularities are impediments to the reception of 
 the tonsure and of Orders, and to the exercise of 
 Orders already received. These have their origin in 
 some defect or crime, and are established by the Church 
 to preserve the dignity of the clerical state. Irregulari- 
 ties ex delict o have also a punitive aspect (983). 
 
 Irregularities have a practical bearing only for major 
 Orders, as at present the minor Orders may also be exercised 
 by laymen. They forbid, but never invalidate the reception 
 of Orders. 
 
 They are not to be confused with impedimenta temporaria 
 by which the following persons are excluded from ordination : 
 (i) sons of non-Catholic parents, or of mixed marriages, 
 so long as the non-Catholic parties or party persist in their 
 error (Commission for Interpret, of the Code, Oct. 16, 1919, 
 ad XIII); (2) married men; (3) men holding an office or 
 carrying on a business forbidden to clerics (139:3) of which 
 
 90
 
 IRREGULARITIES 91 
 
 they have to give an account, until they have resigned office 
 or business and closed their responsible accounts; slaves, 
 before they have been freed; (5) men liable to ordinary 
 military service by State law, until they have fulfilled their 
 service; (6) converts, until, in the Ordinary's judgment, 
 they have been sufficiently tried; (7) those under infamia 
 facti (2293:3), until their character, in the Ordinary's judg- 
 ment, is cleared (987). 
 
 Regarding irregularities ex defectu the law grants 
 no faculties of dispensation. These irregularities are 
 listed in Canon 984. 
 
 The following persons are considered irregular ex 
 delicto (985): 
 
 1. Apostates, heretics, and schismatics. 
 
 2. Such as have allowed themselves to be baptized 
 by non-Catholics, except when this was done under 
 stress of extreme necessity. 
 
 3. Such as have attempted ecclesiastically or civilly 
 to contract marriage, whilst they or their female asso- 
 ciates were impeded by the impedimentum ligaminis, 
 ordinis sacri, or professions religiosae. Simple and 
 temporary profession is included in the last. 
 
 4. Such as have committed, or cooperated toward, 
 murder, manslaughter, or abortion, effectu sequuto.
 
 92 IRREGULARITIES 
 
 5. Such as have mutilated themselves or others, or 
 have attempted suicide. 
 
 6. Clerics who have practiced medicine or surgery 
 contrary to Canon Law, when death of the patient has 
 followed therefrom (139:2). 
 
 7. Such as exercise an act of Orders reserved to 
 clerics of major Orders, when they themselves have 
 not yet received such Orders, or are prohibited from 
 exercising such Orders by excommunication, suspen- 
 sion, personal or local interdict, or vindictive punish- 
 ment. 
 
 To bring about irregularity, any of the above mentioned 
 delicta must be objectively and subjectively mortally sinful, 
 externally recognizable (even if occult), and committed after 
 Baptism (with exception of No. 2). Ignorance of irregu- 
 larities or of the impedimenta temporaria previously enum- 
 erated, does not excuse from their incurrence (988). 
 
 Irregularity ex delicto may be compounded by the com- 
 mission of specifically distinct delicta, or by repetition of 
 murder or manslaughter (989).
 
 IRREGULARITIES 93 
 
 DISPENSATION FACULTIES FOR IRREGULARITIES 
 "Ex DELICTO" 
 
 In Casibus Urgentioribus, when the Ordinary can not 
 be communicated with and there is danger of serious 
 damage or injury to one's good name, every confessor 
 can dispense clerics of major Orders from any irregu- 
 larity ex delicto occulto, except those arising from 
 murder or manslaughter, or abortion and cooperation 
 therein, and except where the irregularity has already 
 been brought into the ecclesiastical courts. The dis- 
 pensation, moreover, can permit only the exercise of 
 Orders already received (990: I, 2). 
 
 Confessors belonging to Regular Orders in the 
 strict sense, from ancient privilege (Sixtus IV and 
 Julius II ; see Canon 4) have in regard to irregularities 
 ex delicto occulto the same faculties as local Ordinaries 
 in regard to secular clerics and lay persons (990: i), 
 even outside of urgent cases, and also for the purpose 
 of receiving Orders. 
 
 Further faculties may be obtained in public cases, by 
 petition to the S. Congr. for Sacraments (249:2). But for
 
 94 IRREGULARITIES 
 
 members of religious organizations, the S. Congr. of Re- 
 ligious is to be applied to (251:3). For irregularities ex 
 delicto of secular priests (not seculars of lower Orders, or 
 none) the S. Congr. of the Council should be consulted 
 (250:1; S. Consist. Congr. Feb. 27, 1909, and Nov. 28, 1911). 
 Pro foro interno the S. Penitentiary is competent. 
 
 If recourse to Rome is difficult and there is danger of 
 grave injury from delay, the local Ordinary is empowered 
 to dispose of all irregularities (81). 
 
 In granting or executing a dispensation based upon a re- 
 script, the stipulations of the Code in regard to rescripts 
 are to be observed (36-62). There is no special form pre- 
 scribed for dispensing. The following may be used: "Dis- 
 penso tecum in irregularitate quam ob (haeresim, illicitum 
 ordinis exercitium, etc.) incurristi, in nomine Patris et Filii 
 et Spiritus Sancti. Amen"
 
 FIFTH PART 
 
 FACULTIES FOR DISPENSATION REGARDING VINDICTIVE 
 PENALTIES 
 
 A vindictive penalty is an ecclesiastical punishment 
 inflicted by law or by an ecclesiastical judge for the 
 purpose of atoning for some offense (2286). Its pur- 
 pose distinguishes it from the poena medecinalis or 
 censure, which is imposed for the betterment of the 
 guilty person. 
 
 As with censures, vindictive punishments are divided 
 into: 
 
 1. Those which are latae sententiae and those which 
 are ferendae sententiae (2217: i, 2). 
 
 2. Those which are a iure and those which are ab 
 homine (2217: i, 3). 
 
 3. Those which may apply to all the faithful (2291 ), 
 and those which apply peculiarly to clerics (2298). 
 
 95
 
 96 VINDICTIVE PENALTIES 
 
 Vindictive penalties latae sententiae are the only 
 ones to be considered here. In order that these be 
 actually incurred, the offense must be (a) external 
 (2195:1); (&) mortally sinful (2218:2); and (c) 
 complete in the species determined by law (2228). 
 Moreover, the guilty person must have reached the 
 age of puberty (2230). 
 
 SUBJECTIVE REASONS EXCUSING FROM INCURRENCE 
 OF VINDICTIVE PENALTIES "LATAE SENTENTIAE" 
 
 Under no circumstances does intentional ignorance 
 of either the law or the penalty excuse (2229: i). 
 
 If the letter of the law demands full understanding 
 and deliberation (as by the phrases "praesumpserit, 
 ausus fuerit, sclent er egerit"), then any factor dimin- 
 ishing responsibility (2001-2006), such as ignorance, 
 carelessness, misunderstanding, fear, etc., is sufficient 
 excuse (2229: 2). 
 
 When full understanding and deliberation are not 
 stipulated, the divers factors diminishing responsibility 
 excuse only when their influence makes the offense 
 venially sinful (2229: 3), i, 2). Grave fear excuses
 
 VINDICTIVE PENALTIES 97 
 
 only when it does not lead to contempt of faith or 
 ecclesiastical authority or scandal of the faithful 
 (2229: 3, 3). 
 
 IMPORTANT VINDICTIVE PENALTIES "LATAE 
 SENTENTIAE" 
 
 Infamia vuris is the official loss of character or good 
 name, disgrace (felony), which a person incurs ipso 
 facto by the commission of certain crimes, or which 
 is decreed by an ecclesiastical judge (2314:1; 
 2 359 : 2 )- It nas tne following effects: it makes one 
 irregular (984: 5) ; it makes one incapable of (a) 
 acquiring ecclesiastical benefices, dignities, offices, in- 
 come; (b) of performing actus legitimi ecclesiastici 
 (see below) ; (c) exercising any ecclesiastical right or 
 authority; (c?) ministering at ecclesiastical services 
 (2294: i). 
 
 Infamia iuris is incurred by: 
 
 i. Apostates, heretics, schismatics who join a non- 
 Catholic religious organization, or simply belong to it 
 without formal incorporation (2314: 1-3).
 
 98 VINDICTIVE PENALTIES 
 
 2> Persons who sacrilegiously dishonor consecrated 
 species (2320). 
 
 3. Ghouls, who violate the bodies or graves of the 
 dead (2328) to steal, or for other nefarious purposes. 
 
 4. Persons laying violent hand upon the person of 
 the Pope, a Cardinal, or a Papal Legate (2343: i, 2). 
 
 5. The principals and seconds in a duel (2351: 2). 
 
 6. Bigamists ; that is, such as attempt to marry, even 
 civilly, whilst still bound by the marriage tie (bigamia 
 simultanea; 2356). 
 
 7. Lay persons who have been legitimately convicted 
 in civil court of immoral actions with persons below 
 the age of sixteen, or of rape, sodomy, incest, or 
 pandering (2357). 
 
 Exclusion from actus legltimi ecclesiastici bars a 
 person from such acts as: administering ecclesiastical 
 goods, functioning as official in ecclesiastical courts, 
 being godparent or sponsor at Baptism or Confirma- 
 tion (765: 2; 766: 2; 795: 2; 796: 3), exercising the 
 right of active vote, or of patronage (2256: 2). 
 
 This penalty affects ipso facto: 
 
 1. All excommunicated persons (2263). 
 
 2. All canonically disgraced persons (infames; 2294:1).
 
 VINDICTIVE PENALTIES 99 
 
 3. Those who abduct an adult woman against her will by 
 violence or trickery, or a girl minor even with her agreement 
 but without the consent of her parents or guardian, in either 
 case for the purpose of marriage or of immoral use (2353). 
 
 4. Lay persons who have been legitimately convicted by 
 a civil court of murder, seduction of children under the age 
 of puberty, selling persons into slavery, or for any other 
 evil purpose, usury, robbery, stealing (qualified), arson, 
 gravely malicious destruction of property, serious mutilation, 
 wounding, or violence (2354:1). 
 
 5. Catholics who enter any kind of mixed marriage, 
 whether valid or not, without the proper dispensation (2375). 
 
 6. Professed of perpetual vows who are guilty of apostasy 
 from their religious organization (2385). 
 
 Other vindictive penalties "latae sententiae" are the fol- 
 lowing : 
 
 The interdict of Canon 2338:3 (see also p. 45). 
 
 Various suspensions of Canons 2387; 2410; 2370; 2373 
 (see also pp. 45~47)- 
 
 Loss of faculty to administer Confirmation, for priests, 
 who exceed their papal privilege (2365). 
 
 Loss of privileges of his or her religious organization, 
 as well as loss of active and passive vote, for the apostate 
 Religious (2385). 
 
 Loss of office held in religion, for the fugitive Religious 
 (2386). 
 
 Loss of vote and incapability of election to ecclesiastical 
 office, for various grounds (2390:2; 2398).
 
 ioo VINDICTIVE PENALTIES 
 
 Loss of office held in the Church, for lay persons men- 
 tioned in No. 4 above (2354:1). 
 
 Exclusion from the sacramentals, for Catholics entering 
 mixed marriage without proper dispensation (2375). 
 
 FACULTIES OF CONFESSORS REGARDING VINDICTIVE 
 PENALTIES 
 
 In urgent occult cases every approved confessor has 
 special faculties of suspending or dispensing vindictive 
 penalties latae sententiae. These can be applied only 
 when the person who has incurred the penalty, by its 
 observance would betray himself, to the injury of his 
 good name and to the scandal of others (2290: i). 
 
 In such a case the confessor "in actu sacramentalis 
 confessionis" is empowered to suspend the obligation 
 of observing the penalty incurred, at the same time 
 binding the penitent to have recourse within a month to 
 the Sacred Penitentiary, if it can be done without in- 
 jury, or to the properly authorized Bishop, to receive 
 and acquiesce in the mandata. 
 
 This recourse is to be made by the penitent either person- 
 ally or in writing, or through the intermediation of the con-
 
 VINDICTIVE PENALTIES 101 
 
 fessor, who then has to keep confidential the name of the 
 penitent. 
 
 If the above mentioned recourse is, in an extraor- 
 dinary case, practically impossible (possible only with 
 danger of injury to character), then the confessor 
 himself can dispense the penitent from the penalty 
 incurred, without obliging him to recourse (2290: 2). 
 
 At the same time the confessor has to oblige the 
 penitent to perform a proportionate penance within a 
 definite time, and to make satisfaction for any injury 
 done. If the penitent omits to do this, he reincurs the 
 previous penalty (2290: 2; 2254: 3).
 
 APPENDIX 
 FORMS FOR PETITIONS OF FACULTIES OR FOR RECOURSE 
 
 I. Petition Regarding Diocesan Reserved Case. 
 
 Reverendissime Vicariatus Generalis: 
 
 Infrascripto confessario a Reverendissimo Ordinario 
 approbate occurrit casus in hac dioecesi reservatus, 
 scil 
 
 Cum expedire videatur, tit poenitens ceteroquin rite 
 dispositus ad me redeat, humiliter supplico, ut mihi a 
 Reverendissimo Vicariatu Generali facultas conceda- 
 tur, pro hac vice a praedicto casu reservato absolvendi. 
 
 Omni qua par est reverentia subscribit 
 
 N. N. 
 
 This is to be addressed to the Bishop, Vicar General, 
 or Diocesan Chancery. 
 
 II. Petition Regarding Censure Reserved to the 
 
 Ordinary. 
 
 103
 
 io 4 PETITIONS 
 
 Reverendissime Vicariatus Generalis: 
 
 Titia contraxit excommunicationem Ordinario re- 
 servatam (procurando scil. cumeffectu abortum . . .). 
 Nunc vero huius delicti sincere poenitens humiliter 
 petit absolutionem. 
 
 Quapropter Rev.mus Vicariatus Generalis absol- 
 vendi ab hac censura facultatem mihi pro ista vice im- 
 pertiri dignetur. 
 
 This is to be addressed to the Bishop, Vicar General, 
 or Diocesan Chancery. 
 
 III. Recourse to the Sacred Penitentiary. 
 
 Eminentissime et Reverendissime Domine: 
 
 Titius contraxit censuram speciali (simplici) modo 
 Romano Pontifici reservatam propter (lectionem libro- 
 rum prohibitorum . . . patratum duellum). Cum ipse 
 nee ad confessarium privilegiatum accedere nee sine 
 absolutione dimitti posset et ceteroquin rite dispositus 
 videretur, absolutionem recepit. Nunc vero ad obedien- 
 dum ecclesiae praescriptis per me infrascriptum con- 
 fessarium ad S. Sedem recurrit ad accipienda mandata, 
 paratus implere poenitentiam quam in poenam delicti 
 Eminentia Vestra praescribet.
 
 PETITIONS 105 
 
 Dignetur Eminentia Vestra responsum ad me in- 
 frascriptum confessarium (perhaps: mediante agente 
 curiae episcopalis N. N. . . . in urbe) dirigere. 
 
 S. Purpuram reverenter deosculans, summa qua par 
 est devotione permaneo 
 
 Eminentiae Vestrae humillimus et obsequentissimus 
 Eminentissimo Principi, 
 
 Card. Poenitentiario Maiori. (Signature) 
 
 If the censure reserved to the Pope simplici mo do 
 is occult, it is sufficient to make the recourse to the 
 Ordinary (2237: 2). The address of the S. Peniten- 
 tiary Tribunal is: "A Sua Eminenza Ill.ma e Rev. ma, 
 II Sig. Cafdinale Penitenziorio Maggiore, Palazzo del 
 Sant' Ufficio, Rome, Italy." 
 
 IV. Petition for the Reconciliation of a Heretic 
 (Convert}. 
 
 Reverendissime Vicariatus Generalis: 
 
 N. N. viginti annos natus, oriundus ex N., hactenus 
 sectam (Calvinianam) professus, ad me, parochum loci 
 N., accessit, enixe postulans, ut in ecclesiam Romano-
 
 106 PETITIONS 
 
 Catholicam recipiatur; ipsum instruxi (vel instruen- 
 dum curavi) in principiis, mysteriis, et obligationibus 
 religionis Catholicae, videturque ille ex vero salutis 
 desiderio velle sectam haereticam deserere. Factis in- 
 quisitionibus circa eius Baptismum nihil aliud com- 
 perire potui, quam quod . . . (exprimatur hie, quid 
 compertum fuerit) ; quare dignetur Reverendissimus 
 Vicariatus Generalis praescribere, quid circa eius Bap- 
 tismum sit agendum, meque deputare ad fidei profes- 
 sionem ab eo recipiendam, et absolutionem a censura 
 propter haeresim contracta eidem impertiendam. 
 
 Omni qua par est reverentia subscribit 
 
 N. N. 
 
 This is to be addressed to the Bishop, Vicar General, 
 or Diocesan Chancery. In the United States confessors 
 are generally empowered to receive converts into the 
 Church ; each should in this matter consult his diocesan 
 pagella. 
 
 V. Petition for Dispensation from Eucharistic Fast. 
 
 Eminentissime et Reverendissime Domine: 
 
 N. N., Dioecesis N., tanta corporis debilitate 
 tantoque stomachi languore premitur, ut eidem mor-
 
 PETITIONS 107 
 
 aliter impossibile evadat observare ieiunium naturale 
 praescriptum ad S. Communionem recipiendam. Hinc 
 humilis Orator a Sanctitate Vestra supplici genu pos- 
 tulat, quatenus ipsi concedere dignetur facultatem 
 sumendi aliquid per modum potus, antequam ad sac- 
 ram synaxim recipiendam accedat. 
 Dignetur Eminentia Vestra, etc. 
 
 The address for the S. Congr. of Sacraments is: "A 
 Sua Eminenza Ill.ma e Rev.ma, II Card. Prefetto 
 'delta S. Cong, del Sacramenti, Palazzo delta Cancel- 
 leria Apostolica, Rome, Italy." 
 
 VI. Petition for Dispensation from Irregularity "ex 
 delicto." 
 
 Reverendissime Vicariatus Generalis: 
 
 N. N., clericus ordinum minorum ex hac di- 
 oecesi, irregularitatem ex delicto (haeresis, illiciti 
 exercitii ordinis sacri etc. . . . ) contraxit. Nunc vere 
 poenitens (si casus fert: et a vinculo excommunica- 
 tionis solutus) ad sacros ordines ascendere desiderat. 
 
 Quapropter infrascriptus sacerdos (parochus, con- 
 fessarius) enixe rogat, ut sibi a Reverendissimo
 
 io8 PETITIONS 
 
 Vicariatu General! facultas concedatur, supradictum 
 clericum ad normam Can. 990 I CJC ab irregularitate 
 contracta dispensandi, ita ut sacros ordines licite sus- 
 cipere valeat. 
 
 Omni qua par est reverentia subscribit 
 
 N. N.
 
 FORMULA OF FACULTIES 
 GENERALLY GRANTED BISHOPS OF AMERICA 
 
 (From Document of S. Consistorial Congr., 
 March i?th, 1922.) 
 
 These are faculties beyond the ordinary powers local 
 Ordinaries have according to the Code. They are to be 
 requested from the respective Congregations at the time the 
 bishop makes his quinquennial report to the Holy See, and 
 last until the next report is made. Pastors and confessors 
 will do well to acquaint themselves with the powers their 
 Ordinaries have at disposal (some of which may be sub- 
 delegated), particularly in the matters of absolution and 
 dispensation. 
 
 Included in the faculties of the Holy Office are 
 power: (i) to grant permission to clerics and laymen 
 ad tempus to read forbidden books; (2) to grant dis- 
 pensations from mixed marriages and disparity of cult. 
 
 Included in the faculties of the S. Congregation of 
 Sacraments are power: (i) to grant dispensations 
 from minor impediments of marriage enumerated in 
 Canon 1042, and from simple vow of virginity and 
 chastity, mentioned in Canon 1058; (2) in urgent 
 cases, which allow no delay and appeal to the Holy 
 See, to grant a dispensation from consanguinity in the 
 second or third degree, mixed with the first, and in the 
 second collateral; affinity in the first degree of 
 
 109
 
 no FORMULA OF FACULTIES 
 
 the collateral line, equal to or mixed with the sec- 
 ond; public decency in the first degree, provided it is 
 certain that a party is not the child of the other party 
 to a marriage; (3) at the time of episcopal visitation, 
 or at the time of missions only, power to dispense those 
 living in concubinage; from all the above-named im- 
 pediments to marriage; (4) sanatio in radio e of mar- 
 riages for reason of impediments of minor degree. 
 
 Among the faculties granted by the S. Congregation 
 of the Council are: (i) power to reduce the perpetual 
 foundation of Masses when the income has decreased ; 
 (3) transfer of foundation Masses to other churches, 
 and also outside the diocese; (3) private anticipation 
 of Matins and Lauds after I P. M. ; (4) alienation of 
 ecclesiastical goods to the amount of $10,000. 
 
 Among the faculties granted by the S. Congregation 
 of Religious are power: (i) to dispense candidates 
 intending to enter religion from illegitimacy, if the 
 constitutions demand dispensation (the dispensation 
 does not extend to election to the office of major 
 superior) ; (2) to allow Religious not included in 
 Canon 821, 3, to have three Masses in their churches 
 at midnight on Christmas day; (3) to dispense candi- 
 dates of religious communities who are beyond the age 
 limit of the constitutions, at the request of the general 
 or provincial superior and the respective councils, pro- 
 vided candidates are not over forty years of age; (4) 
 to dispense with the age for ordination to priesthood, 
 also exempt Religious (the number of months is left 
 blank in the formula) ; (5) to dispense nuns and
 
 FORMULA OF FACULTIES in 
 
 Sisters from the dowry, in whole or in part; (6) to 
 appoint confessors for religious women for a fourth 
 or fifth term at the request of a majority of the com- 
 munity; (7) to allow Holy Mass on Holy Thursday; 
 (8) to allow nuns with solemn vows to enter that part 
 of their church which is outside the enclosure for the 
 purpose of cleaning or decorating the church (all lay 
 people must be outside the church and the doors 
 locked) ; (9) to allow nuns in papal enclosure to leave 
 the enclosure for an urgent operation. 
 
 Included in the faculties of the S. Congregation of 
 Rites are power: (i) to delegate priests to consecrate 
 fixed and portable altars according to the rite of the 
 Pontificate (they should be priests in ecclesiastical dig- 
 nity, if possible, for portable altars the formula of the 
 Roman Ritual may be used) ; (2) to delegate priests 
 to reconsecrate execrated fixed altars and also portable 
 altars (the short form may be used in the cases men- 
 tioned in Canon 1200, 2) ; (3) to delegate priests to 
 consecrate chalices and patens (they should be priests 
 in ecclesiastical dignity, if possible) ; (4) to allow 
 priests who have to binate on Palm Sunday to drop 
 the Passion in one Mass; (5) to delegate priests to 
 bless marriages outside of Mass with prayers from the 
 Nuptial Mass; (6) to delegate priests to bless and 
 impose the five scapulars under one form; (7) to dele- 
 gate priests, in case of a large number of people, to 
 enroll in the five scapulars without the duty of entering 
 the names of those enrolled; (8) to bless the holy oils 
 with fewer assistants than the Pontificate prescribes;
 
 ii2 FORMULA OF FACULTIES 
 
 (9) to allow the use of incense at High Mass without 
 sacred ministers ; ( 10) to allow the use of the Memo- 
 riale Rituum of Pope Benedict XIII for Holy Week 
 and for blessing ashes, candles and palms in churches, 
 public and semi-public oratories ; ( n ) to bless, at the 
 time of episcopal visitation, various articles requiring 
 various forms with: "Benedicat haec omnia Deus 
 Pater, et Filius, et Spiritus Sanctus. Amen" ; (12) to 
 permit a bishop to say a Low Mass of Requiem in his 
 private oratory once a week. 
 
 Under the faculties from the S. Penitentiary are 
 power: (i) to absolve from heresy; (2) to absolve 
 from the censure of reading forbidden books; (3) to 
 absolve those who interfered with the exercise of 
 ecclesiastical jurisdiction and had recourse to the lay 
 power; (4) to absolve those who fought a duel; (5) 
 to absolve Freemasons; (6) to absolve those who vio- 
 lated the enclosure of nuns, except when done for a 
 criminal purpose; (7) to dispense post matrimonium 
 those who lost the right to ask the debitum by a private 
 vow of chastity; (8) to dispense, after marriage has 
 been attempted, from the impediment of a crime sine 
 machinatione (renewal of consent is necessary, but 
 may be secret when marriage is considered valid in 
 public) ; also to dispense before marriage if the crime 
 is occult and sine machinatione. 
 
 (The above list has been reprinted from the Homiletic and 
 Pastoral Review (Joseph F. Wagner, Inc., New York) of 
 October, 1922, through the courtesy of Rev. Stanislaus 
 Woywod, O. F. M.)
 
 In very many cases of difficulties or doubts regarding 
 dispensations of all kinds, or faculties, when they ex- 
 ceed the competence of the Ordinary, or for some 
 reason can not well be brought to his attention, it is 
 advisable to consult the Apostolic Delegation (1811 
 Biltmore St., Washington, D. C, for the United 
 States : 520 Driveway West, Ottawa, Ont, for Canada: 
 Calle 21, no. 271, Vedado, Havana, for Cuba and 
 Porto Rico), which acts as clearing house between the 
 Holy See and the respective country. The Apostolic 
 Delegate has broad faculties whose extent is not pub- 
 lished. 
 
 "3
 
 INDEX 
 
 Abduction, 79. 
 Abortion, 43. 
 Absolutio complicis, 13. 
 Absolution, form of, 
 
 from censures, 49. 
 , in urgent cases, 50. 
 Accusation, false, of a 
 
 priest, 21, 39. 
 Affinity, 80. 
 Anarchists, 40. 
 Apostasy, of a Religious, 
 
 43- 
 Apostates, 37, 91. 
 
 Baptism, 78. 
 Bigamists, 98. 
 Books, forbidden, 109. 
 Burial, ecclesiastical, 
 
 forced, 44. 
 , , of heretics, etc., 
 
 45- 
 
 Carbonari, 40. 
 Censure, 21, 31. 
 Censures, 28. 
 , absolution of, 48. 
 , latae sententiae, 33. 
 , multiplied, 35. 
 Chaplains, military, 6. 
 Chastity, vow of, 69. 
 Communion, Easter, 65. 
 , fast before, 66. 
 , of sick persons, 67. 
 Commutation, of a vow or 
 
 oath, 73. 
 Confessarius sollidtans, 
 
 44. 
 
 Confession, Jubilee, 23. 
 Confessional, seal of, 37. 
 Confessions, approbation 
 
 for hearing, 3. 
 
 114
 
 INDEX 
 
 nS 
 
 Confessions, of religious 
 subjects, 6, 8, 15. 
 
 Consanguinity, 80. 
 
 Consent, matrimonial, de- 
 fects in, 81. 
 
 , parental, lack of, 77. 
 
 Contract, previous matri- 
 monial, 78. 
 
 Cooperation, in sin, 32. 
 
 Crime (adultery), 79. 
 
 Cult, disparity of, 78. 
 
 Death, danger of, mean- 
 ing of the term, 13. 
 
 Decency, public, 81, no. 
 
 Dispensation, from a vow 
 or oath, 71. 
 
 Duelling, 41. 
 
 Engagement, 77. 
 Excommunication, 30, 35, 
 
 38, 40, 43- 
 , reserved to the Pope, 
 
 37- 
 
 Exercise, forbidden, of 
 functions, 45. 
 
 Faculties, American, 109. 
 
 , for absolution from 
 censures, 50. 
 
 , for dispensation, from 
 
 i r r e g u larities, 
 
 90. 
 , , from matrimonial 
 
 i m p e d i ments, 
 
 86. 
 , , regarding vindic- 
 
 t i v e penalties, 
 
 100. 
 , o f the Congregation 
 
 of the Council, 
 
 no. 
 
 , , Holy Office, 109. 
 , , Religious Rites, 
 
 in. 
 
 , , Sacraments, 109. 
 , , S. P e n i t entiary, 
 
 112.
 
 n6 
 
 INDEX 
 
 Fast, cessation of on Sun- 
 day, 62. 
 
 Fasting and abstinence, 
 62. 
 
 Fear, grave, 34. 
 
 Feasts, patronal, 59. 
 
 Forgery, of papal writ- 
 ings, 39. 
 
 Freemasons, 40, 112. 
 
 Heretics, 37, 97. 
 
 Holy days, of obligation, 
 
 59- 
 
 Ignorance, 33. 
 Impediments, minor, to 
 
 marriage, 109. 
 Impotence, sexual, 77. 
 Incest, 98. 
 Indulgences, trafficking in, 
 
 40. 
 
 Infamia juris, 97. 
 Interdict, 30. 
 , personal, 45. 
 
 Interdicts, latae senten- 
 
 tiae, 44. 
 
 Irregularities, 90. 
 Irritation, of a vow or 
 
 oath, 70. 
 
 Jurisdiction, delegated, 
 exercise of, u. 
 , , f or regulars, 15. 
 , , cessation of, 17. 
 , licit, ii. 
 , penitential, bearers of, 
 
 4- 
 , , conferring of, 9. 
 
 delegation of, 7-12. 
 , , exercise of, 7. 
 , , loss of, 8. 
 , power of, 3. 
 , subdelegated, n. 
 , suppleted, 18. 
 , valid, 10. 
 
 Marriage, attempted, by 
 or with a Religious, 
 41, 43-
 
 INDEX 
 
 117 
 
 Marriage, form of, 83. 
 
 , mixed, dispensation 
 from, 109. 
 
 Mass, obligation of hear- 
 ing, 59- 
 
 Matrimonial consent, de- 
 fects in, 81. 
 
 contract, previous, 78. 
 
 Matrimony, impediments 
 to, 75- 
 
 Nihilists, 40. 
 
 Nubile age, lack of, 77. 
 
 Oath, 69. 
 
 Orders, Major, 79. 
 
 Ordinary, meaning of the 
 
 term, 4. 
 , military, 10. 
 
 Pandering, 79. 
 
 Papal reserved case, the, 
 
 21. 
 Pastors, 5. 
 
 Penalties, vindictive, 96, 
 
 99- 
 
 Penance, Sacrament of, 
 3> 23, 50. 
 
 , , minister of, n. 
 
 Peregrini, 12. 
 
 Precepts, the, of the 
 Church, 59. 
 
 , , forbidding matri- 
 mony, 76. 
 
 Property, alienation of 
 ecclesiastical, 44. 
 
 Rape, 79. 
 
 Recourse, 100. 
 
 , obligation of, 51. 
 
 , procedure in, 54. 
 
 Rectors, of seminaries, 6. 
 
 Relationship, legal, 75, 
 
 81. 
 
 , spiritual, 81. 
 Religion, mixed, 76. 
 Reservations, 21.
 
 u8 
 
 Schismatics, 37, 97. 
 
 Simony, 42. 
 
 Sins, reserved, 20. 
 
 , , absolution from, 
 
 24. 
 
 Societies, secret, 40. 
 Sodomy, 79. 
 Sunday, observance of, 
 
 61. 
 
 Superiors, Regular, 4, 6. 
 Suspension, 30. 
 , of a vow or oath, 71. 
 Suspensions, latae senten- 
 
 tiae, 46. 
 
 Tempus clausum, 77. 
 
 INDEX 
 
 Trent, Council of, 3. 
 Vagi, 12. 
 
 Vetitum ecclesiae, 76. 
 Vicars, parochial, 5. 
 Violation, of religious 
 
 cloister, 40. 
 Violence, personal, to the 
 
 Pope, 36, 98. 
 Vow, 68. 
 
 Vows, solemn, 79. 
 , of chastity, virginity, 
 
 to enter religion, 75. 
 
 Work, prohibition of on 
 Sunday, 61.
 
 THE CATECHISM OF 
 THE COUNCIL OF TRENT 
 
 FOR PARISH PRIESTS 
 
 Issued by Order of Pope Pius V 
 
 Newly Translated and Annotated by 
 CHARLES J. CALLAN, O.P., and JOHN A. McHUGH, O.P. 
 
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