FROM THE SUPREME AND HOLY CONGREGATION OF THS HOLY OFFICE

_L:R ~L PATRIARCES, A..t:zCHBISHOPS, BISHOPS AND OTHER DIOCESA~, 08..DDARIES "EVE)!

OF THE ORIENTAL RITE"

"

.r

I:.-lSTRUCTION

CONnDcNllAL

ON TP.E P;..':"'N::-.lER OF PROCEEDING E CASES OF SO:ICITATIO~;

Th e Vatican Press, L962

++5-7--+ nST?JJCnOK

On the manner of proceeding in cases oE the c~i~e of solicitation

[Th i.s text is J to be d i Li.ge n t Ly stored in the. secret archives of the Curia as s t r i.c t Ly confidential. No: is it to be pub Lf.s h e d rio r a d d e d to ,>rith any cCITWlentarie.s.

PREt:MINARIES

1> T:-.e. c r Ltae of solicitat:'on takes place ·",·he[1 a p r Le s z t emp t s 2. penitent, whoever that person is, either in the act o~ sacramenta~ co rif e s s i.cr; , whether before or immediately af t e rwa r d s , wh e t b e r on tt-_e_ cc c a s i.on or the pretext 0: conf e s s i o n , whe t he r even outside the ti:nes for: confession in the confessional o r . [in a place) o t h e r than that [usually] d e s t.gr.a t e d for the hearing of ccn f e s s i o a s or riD a plac:eJ chc s e a for t h e s ircu l.a t e d purpose 0: hearing a confession. [The. object of t h i s t e cp t a t i o n] is to solicit 0::- provoke l che penitent] t cva r d Lmpur e and obscene ma t t a r s , ·,..,1::e.ther by words or signs or nods of the head, ~;heEhe.r by touch or 1::>I>.---riti:lg w:-tether t h er or after (the note has been r e ad ] or whetl--.e_r he \-,,2.S had wit~ [that penitent] prohibited and improper speech or activity with reckless da r i ng (Constitution Sacrum Poenitentiae, § 1).

2. [The right or duty of addressing] this unspeakable crime in the f i r s ; i.n s t an c e p'e r t a Ln s to the Ordinaries of the place in who s e territory the acc~sed has residence (V. below, n~t:lbers 30 and 31), and this not to mention through pro?er law but also from a special delegation of the Apostolic See; It is enjoined upon these aforemencioned oersons to the fullest extent ?ossil: le, [in addition to their being] gravely encumbered by their 0(..'1l consciences, that, after the occurrence of cases of this type, that they, as s son as pOSSible, cake care to iotroduce, discuss and ter:::tinate [these ~asesJ with their proper tribunal. Ho~evel"> because of pa~ticular and serious reasons, according t o the norm of Canon 247, § Z, these cases c an be directly deferred to the Holy Congregation of the Holy Office or be so ordered. Yet [the right oE] the accused respondents ++-5++ remains ~ntact ic:

any instance of j ud gme n t to have r e c ou r s e to the Holy Of f i c a • -How e v e r ,

racourse thus ic:terposed does not susper:d, excluding the case of an appeal, the exercise of the jurisdiction of t h e _judge • .... ~,o has a Lr e e d y b e gu n to a c c e p t rn e case; arid he can there:ore be able to pu r s u e the. :udp.e:lt up to

t.,2. d e f Lc i t i ve c e c i s i.o o un l e s s it has been e s c ab l t s hec tha::: t:-,e Ap o s t c l i c

See ha s SLL=.GCleC: cr.e case to Lr s e Lf (Cfr. Canon lSH}.

3. By the naoe of Ordinaries 0: the place are understood to be, each for his own territory, the r e s i dan t La I bishop, abbot or prelate nullius, the ddministrator, any vicar or Pre:ect Apostolic, [and, in the absence of these aforementior,ed (dig"itaries), those who s uc c e e d then in power in the. tleanwhile by the prescription of Lav or f r ora approved c cns c i cu t Lons (Canon 198, § 1); [This no rrn dn e s not ap p Ly}; however, to the vicar general, except from h~s [having been] specially delegated.

4. The Or d i.nar y of the place in these cases is the judge even for regulars [religious], even though exempt. It is indeed strictly prohibited for their superiors to incerpose the~selves in cases pertaining to the Holy Office (Canon 501, !i 2). Howev e r , having safeguarded the r i g h t of the Ord::'nary, there is nothing to prevent superiors themselves, if by chance they have. discovered (one of their] subjects delinquent in the administration of c:'1e s ac r aoe n t of Pe naric e , from being able and having the obligation of beiil8 diligent:y watchful over those same persons. and, evan having aci::ninistered salutary penances, to admonish and c o r r e.c.t :1T'1.1 oj I'" t-,,~

case demands it, to re~ove hi~ from so~e ~inistry. They will also be able to transfer hi~ to another [assignment). unless the Ordinary of t~e place has fcrbicde.n it beca~se he has already accepted the denunciation and has begun the inqu~siticn.

5. The Ordi~a~y of the place can either supervise these cases himself or c ommd t their acceptance to an ecclesiastic who is serious and of a mature age. Bu: (they may not [c cum.i t such cases] on an hab i t ua L basis or for t h e entire g roup of these cases, but must delegate as o f t e a as needed (toties Quoties) for cases taken singly and through WIiting. saving the prescrip~ion of Cano~ 1623, § 1.

6. Alt~cugh, as a rule, a single judge, by r e ascn of Lt s secrecy, :::'s prescribed for cases of this type, it is not forbidden, however, for the Ordinary in the mo r e difficult cases to approve one or t'iJO assessors ar.d counsellors, selected from the synodal judges (Canon 1575); or even to three j uc g e s , Li.kew i.s e chosen f r om the synodal judges. to ha.nd ov e r the case co ehe judges to be handled with the mandate of proceeding collegially according to the nann of Canon 1577.

7. The promoter of justice, the defender of the accused and the. notary, priests who are fittingly serious. of mature age, of integrity. doctors in canon ++7++ 1 a;..' or otherwise skilled [in canon la',.;] and worthy because 0: their zea.l for justice (Canon 1589), and not found to be at any disadvantage towa~d the accused, which Canon 1613 treats, are to be nominated in writing by the O~dinary. The promoter of justice, however (who can be different frou, the p r otao t e r of j us t Lc e of the Curia) '[can be appointed] ,for the entire series of caseS. The defender 0: the accused, however, anc the notary are to be a p po i n t e d each t i.me for each case (toties quoties). Nor is the accused prohibited from pro?osing a defender seen as favorable to him (Canon 1655), who, howeve~, is to be a priest and approved by the Ordinary.

8. Scrae t i.me s (this refers to tis Ow'7l location), the inter'le::tioG [of the p r o mo t e r of justice] is required, and, in the case where he. has not bee:"! c i t e d , un I e s s by:::har.:e e v e n if not cited he is still p r e s e n t [at the p r o c e s s ] , (~,i;' Acts nu s t be c on s i d e r e d [totally] invalid. Bu t , if, however,

he t;as b e e n le.gitimately cited and is not present at s o c.e [;Jarcs of the] Act~J the Acts indeed are valid, but afte:wards [those Acts} will be t~:ally sub'Ject to his examination so that he is able to COII'.:Jlent upo n a i ; or t.hern either in words or in vr t c i.ng and to propose. what he has J'Jdged to be necessary or opporcunr (Canon 1587).

9. It is fitting .~ha.t the notary, en the ocher hand, be pr e s e o c at all the Acts under pain of nullity and to note C01.ln w:'th his ovn hand cr at least to affix his signature. [to the a f o r e s a i d Acts 1 (Canon l585, l ) . Because of the special character of these procedures, however, it is necessary for the Ordinary to d i.s p eri s e from the presence of tr,e notary, though bec5.use of a reasonable excuse in the acceptance, as will be uot2d in its own place, of the denunciations 2.:1d also in the expenditure of the degrees of attention or care expected of a notary in a give~ situation, as they say, in pursuing and in e xam i.n i.ng the witnesses inductee. [into tr.e case].

10. Miner helpers are to be used for nothing unless it is ab s o Lu t e Ly necassary; and ~hese are to be chosen, in so far as possible, from the priestly order; a Lways , ho wev e r , they are to be of proved faithfulness and mature without exception, But it must be noted that, :'f, ,",~~e[l necessity demands it, they can b e nominated to accept c e r t a i.n acts, e ve n E t he y a r e non-subjects living in ano t h e r territory or the or d rnar y of that t e r r i cc r y [can} be f n t e r r o g a t e d (Can. 1570, § 2), observing, of c c u r s e , a~: of c::he. cautior.s tre~ted as above a~d in Canon 1613.

11. Because, hova v e r , what is treated in. these cases has to have a greater degree of care and observanc~ so that those same matte:s b~ pursued 'in a most secretive way, and, after they have beer. defined and give~ over to execution, they are to be restrainer: by a perpec::ual silence (Lns t r uc t Lon of the Ho l y Off:ce, Februa:-y 20, 1867, n , 14), each and everyone pe r c s Ln i ng to the tribunal in any way or adcii.t t e d to knowledge or the ma t t e r s because 0: their office, is to observe the strictest ++7+!- secret, which is cocu::.anly regarded as a sec:-et of the Holy Office, in all matters and with all persons, under the penalty of excommunication latae sententiae, iosa facto and without any declaration [of such a penalty] having been incurred and reserved to the sale person of the Supreme Pontiff, even to the exclusion of the Sacred· Penitentiary, are bound to o b se rv e- [this secrecy 1 inviolably.

'Indeed by this law the Ordinaries are bound ipso jure or by t he force 0 f their own proper duty. The other helpers from the power of their oath r..rhich they they must a Lvays take. before they undertake their duties. A:-.d these, then, are delegated, are interpolated. and are info:-med in theic absence ~ means of the precept in the Le t t e r s of delegation, interpellation, [or of] Ln f o rma t Lcr; , imposing upon them w i t h express mention of the .'secret. of t~e Holy Office and of the afo~ementioned cer.sure.

l2. The aforesaid oath, the formula f o r whi.ch is to be found in the appendix of this instruction (Form A), oust be used (by t ho s e , obviously, who will use it habitually, once far all; by those, howeve::, w~o are deputed only f o r some deterr:.ined piece of b c s i.n e s s or case, as c f t e n as r e qu i.r e c (toties guoties), in the presence of t~e o r d i.n a r y or his d a Le g a t e done t.:por. the Gospels of God (also by priests) arid not o t h a r w'i s e a n d with the. added

promise. of f u Lf Ll i r.g f a i.c hf u Ll Ly the i r d u t y , to which, acvve r , the

e xc ornmun i c a t i o n , ne n t Lcr.e d above, is not ezte.:1ceci. Tr.e r e nu s t be a n

c.

, .

avo ici-ance., mo r e ov e r , by those. who ace set over those involved ir. this cases, lest: anyone be admitted to a knov l e dg e of the ma t t e r s from helpers. unless in some' way a ?arty or an office to be perfo~~ed by that person necessarily Teq~ires a knowledge of these. mattecs.

13. :he oath of keeping the s e c r e t must be given in these cases also by the acc~sers or those deLouncing (the priest] and the witnesses. To none of these, however, is there subjection to a c e n su r e , unless by chance to .... ar d these same peson:; some censure has been expressly threatened upon che person himself, for his accusation, his deposition or of his violation (Excussio:::is?) [of such] by a c t . The a c c u s e d , however, shou l d be most seriously warned that even he, wi::h all [tr:e ochers], especially ",'hen he observes the secret with his defender, is under the penalty of suspension ~ div~nis in case of ~ transgression to be incurred ioso facto.

14. F~na~ly, as for the pu~lishing, the language, the confirmation, the custo~y of an~ the accidental nullity, in every way [these ~attersJ must be observed which a~~ prescribed by Canons 1642-43, 379-80-82 and 16S0

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r e s p e c t i v e Ly .

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TITLE Nu~ER ONE

TE FIRST K~;Ql.n .. EDGE OF 'IRE CRIME

lS. Since the c r t.me of solicitation takes place in r a t he r r a r e ciecisions, lest it re~ain oceui: and unpunished and always with ir.~stimable detrime:1.t to s c u I s , it was necessary for the one person, as for many p e r s cr.s , coris c i ou s of that [a c t of solicitation), namely, the solicited penitent, to be c ctap e Ll e d to reveal it through a denunciation Lmpo s ed by positive ~aw. Th€refo~e:

16. "Ac co r d i.ug to the Apostolic Co n s c Lt ut Lo n s and especially of the Constitution of Benedict XIV Sacramentum Poenitentiae of June I, 1941, the per.itent must denounce the accused priest of the delict of solicitation in confession '..,,-ithi!l a month to the Ordinary of the place or to the Holy Congregation of che Holy Office;, and the confesfor must, burdened seriously ·in conscience, to warn the peni.tent of this duty." (Canon 904).

17. ~oreover, according to the mind of Canon 1935 anyone oE t~e faithful can always denunouce the delict of solicitation, of .... hich he will have had a certain knowledge; also, the ob Ld.ga t Lon of denunciatfon urges as often as the person is bound to it from the natural law itself because,of th~ danger

to faith or religion or other i~~inent public evil. .

lS."The faithful, ho ..... ever. who kn ow i.n g Ly have disregarded the. obligation to d e rio un c e the person by - .... hom he was solicited. against the prescript-ion (z e La t e d above) of Canon 90i;, .... ir::hin a month, falls Ln t o an e xc cccun i c a t i o n reserved lata.e sententiae, not to be absolved unLe s s a f t e r he has sitisried t h e ocliga;:ior. or has p r orai.s e d seriously that he would so" (Can. 2358, § 2).

19. The duty of d e nunc La t i o n is a p e r s o n a L one ar.d is tc ~e f'_:lfilled r e zu La r Ly by the p e r so n h Lms e i.f ,..;rlO has been solicited. Bu c i.f he is p r s v e n t e d by the rno s t s e r i ous ci:ficulties f r cm doing t1',:'5, t h e n either by

-' .

Le tc e r 0 r tn-- Holy revealing 20, 1967,

by another person favorable to him should approach the ordinary or Congregation of the Holy Office or the Sacred Penicentiary, all the c i r cums t anc e s (Instruction of the Holy Office, Februa::y

n , 7). ,;

r ++10++

20. Anonymous dedunciations generally must be rejected. HOI.·aver, t he y can have supportive force or give the occasior. Ear further invesciga:ions, if the particular circumstances of the matters involved render an accusation probable (Cfr. Can. 1942, § Z).

21. The obligation of den~nciatiOn on the part of the solicited penitent does not cease because of a spontaneous confession by the seliciting confessor done by chance, nor because of his being c r a n s f e r r e d , p romo c e d , condemned, or prasuoaoly reformed and other re2.S08S of the s az e ki:"J:. It ceases, ho~ever, ~t his ceat~.

22. Sometimes it happe~s that the confessor or another ecclesiastic can Ls d e p u t e d to r e c a Lv e s o ne d e nunc i a t Lo n , t o g e t he r with an Ln s t r uc r Lo r; concer~ing the acts to be assume.d for a judicial reason. Then that person is to be expressly war~ed that he should tell everything to the Ordinary or to the person whem he deputed, keeping no exa:nple or trace of it to himself.

23. Ln receiving t h e d enunc La t Lon s , this order is to be r e gu La r Ly ob s e r ve d : First, an oath to tell the c ru t h wh i Le tcuching t he Ec Ly Go s p e Ls is to be given to the person ~aking the den~nciation; he sho~ld be i~terrogated according to ehe fo~mula (Formula E), ci~cumspectly, so ttat he narrates each and every c Lr c ums t an c e briefly, indeed, and de c e n c Ly , but clearly and distinctly, pertaining to the solicitations he has suffer~d. I~ no ",'ay, however is it to be extracted from him whether he had co n s e n t e d to the solicacion. Rather, he should be expressly advised that he is noC bound to man i f e s this ccns en t which he perhaps gave. The responses [1:;1 uninterrupted fashion), not only as to what: pertains to the sub s t a nc e but even to the words themselves of the tes timony (Canon 1778) should be consigned t o ' .. ·riting. The en c i r e instrument: (of the testimony] sao u Ld be read in a clear arid distinct voice to the one denouncing [the priest], g i.v i n g [the one de noun c i.ng the priest 1 the o p t i.cn of a dd i.ng , suppressing, correcting; or varying [his testimony]. His Signature is then to be exacted (from him], or, if he does not know how to write, or cannot, the sig~ of t~8 cross. And with him still being present, there sho~ld be added the sig~ature of the pe r so a receiving the t e s e Lmo ny , and if he is present (Cf r , n , 9), of the notary. And before he is dismissed, there should be prese~ced to him, as above, an oath of observing the secret, threatening him, if there ~s a need. with an e x c omracn c La t Lo n reserved to the. Ordinary 0; to the Holy See (Cf r , n , 13) .

2L. Even if, 50",e times, for grave obs t r u c c i.n g reasons a l vay s to be expressed in the acts. this c r d i.nz r y p r a c t Lc a c armo t be; c b s e r v e d, it is p e rtn.Lz t e d that one or the other form f r ora cr,e prescribed !OE.S,' s av i.n g how-ever the substance, ++l.lt-i-be omitted. Thus, if the oath cannot be t a k e n upon the holy Gospels, it can be given tdth SOCie not ion and a I s o ,,;i:h 1.'0 r d s only. If the Ln s t r ume n t of denunciation cannot be put into ' .... ricic,g in an un i n c e r r up c e d fashion, it c a .. be wr i.t t e n d cvn a: a mere. o~portune ci:::-,e and p i a c e by t~e Lr.c e r v i eve r (t~e r e c i p Le n t of the de:-,'-.!nciatio:1) an d the:-,

c cnf Lr r e d and signed. by the person who is d.er.unciating in the presence o f the one receiving the denunciation; it the instrument itself cannot be read to tLe denunauncer, it can be given to him to read.

25. In more diffiuc1t cases, ho·,._;ever, it is also permitted for t he denunciation (the pr av i.o us p e r m i s s i cn of the d e nunc Lat o r having been given, lest the sacramenta: sea: seemingly be violated. and on a day convenient to each party a n d in the c onf e s s i o na L itself, it is to be read or given to r e a rl , and is c onf i rme d with an oath and w'ith one's proper signature Dr the sign of the cross (unless to do this is in every way impossible). Concerning all c f these t h i ng s , as has been said in the number above, an expz e s s cention must always be made in the Acts.

26. Still, if en e n t i r e Ly s a r Lc us case also that is also c Le a r Ly extraordinary urges, then the den~nciation can also be done througt a written account by ehe one denouncing, as long as, howevec, it is befoLe the Ordinary of the place or his delegate and notary, if he is present (efr. n. 9), and af z e rwa r d s cc nf i rme d by ac.oath arid signed. The same must be said concerning an info=rnal denunciation, through a letter, for example, or given orally in an extrajudicial manner.

27. Any de nunc i.at Lon once accep t e d , the Ordinary is bound xos t gravely to communicate this as soon as possible to the p:comoteL of justice who must ceclare in ~~iting, wnether the specific crime of solicitation in the firs: sense is present in the case or not, and whether the ordinaLY disagLees with chis or not. Within ten days he must subcit the matteL to the Holy Office.

28. If, on the o t h e r hand, the Ordinary and the promoter of j us t i.ce agree. t o g e t he r , 0;: in some way the promoter of justice does not make his recourse to the Holy Office, then the Ordinary. if he has de c r e e d that the specific delict of solicitation was not present, should OLder the Acts to be put into the secret archives, or he should use his right and duty according to the nature and gr av i r y of t he things that have been d e no uric e d , If, hcwev e r , he believed that they we::e p r e s e n t , then he should p'r oc e e d to the inquisition (Cfr. Can. 1942, § 1).

++12++ TITLE NUMBER rJO

THE PROCESS

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Chapter I - The Inquisition

29. w"ben the knowledge concerning the crime of solicitation is kriovn first through the denunciations, a special inquisition must be pur s u e d "so that it may become clear \.Thether and on what f o und a t Lo n the i.mpu t a t i o n r e s t s" (Canon 1939, 1); and this by the. fact or even more so, since a crime of this type, as has already been s t a t e d above, is usually done in secret, and direct t e s t Ltno n.i e s ccnce r a Lng [solicitation], e s p e c i a l Iy from the hurt party, can only rarely be obtained,

Once the inquisition is open, and if the de.nou~ced pr~est is a religious. the Ordinary can prevent him iroo being transferred before the conclusion of the process,

For the most part, there. are three areas which such an in~uisition wust cover, and they are:

a) the past history of the denounced person;

b) the consistency of the denu~ciation;

c) other persons solicited by the same confessor or, however conscious of the crime, whether any of the:n, as no t rarely happens, have been p a t s-a ad e d [to make the denunciation] by thos~ denouncing.

30. Therefo~a, as to what pertains to the first letter (a), the Ordinary at the sa:ne time as he has accepted some denunciation of the c r i.n e of solicitation, if the one denounced, whethe:: fro:n the secular cle:gy 0" is a regular (efr. n. 4). with residence in his territory, should try to find out froc:. the archives whether o t he r accusations against him are on record, even of a different type; and, if by chance he had previously been living in other territories, he should seek, even from the respective Ordinaries, and, if [he is a] religious, also from the regular superiors, whether they have anything which can a.ggravate the. situat.ion in any way. But he will accept these do cumeri c s , referring to them. in the Acts as accumulated t o g e t he r

·whether for a judgment, by reason of conte~t (continentia} or association of causes [connexiol (c f r , Canon 1567). and thus all the matters will be brought forward together; ++l3++or for the establishment and consideration of an aggravating circumstance of recidiVism according to the sense of Canon 2208.

31. If the whole ma t t e r concerns a d e ncur.c e d p e r s o n who does not have residence in his territory, the Ordinary should transmit all the acts to the Ordinary of the one who has been denounced, or, if he does not know ~ho t~is might. be, [he \.o .. ill transmit all the acts] co the Su p r e rie Holy Congregation of the Holy Office, reserving the right, in the me anwh i Le , to deny' to t h e denounced priest the faculty of exercising the ecclesiastical mi~is:ries i~ his own diocese or oE revoking t b ern a Lr e a dy by chance c o nc s d e d to him, in the event that he ap p r ca c he s [the Ordinary for these f ac u l t t.e s ] or r e t ur a s [to the diocese of the Or c i.na r y ] .

32. A.s to ",hat p e r c a i n s to the secane letter (b), the importance of each denunciation, of their qualities and of the c Lr cums t an c e s must be weighed seriously a •. d accurately 50 that it is evident how they themselves merit belief. It is r.o t sufficient that. [this be done} in any way whatsoever, but it is ne c e s s a ry t ha t t a Ls become known by means of. an es tablished ani a judicial form; this customarily is signified in the Tribunal of the Eoly Of t i.c e by the phrase "diliQ;e:ttias peragere" [to undertake all the required fonr.alitiesJ.

33. In orcer to arrive at this p~rpose [0: undertaking all the required for~alities], as soon as the Ordinary shall have accepted any denunciatio~ of the crime of solicitation, eith~r personally or through a priest, he will s uorao n , either p e r sc na Ll.y or through a priest spe.cially delegated to do so, two wi':nesses (he summons t he:a separately and with appropriate circu~spection)and wich appropriate circumspection) two wicnesses, in so far as it is po s s i.b Le , from the ranks of the ecclesiastics. But it is far be c c e r , above any ex::.eptian, to SUCI!l.on persons, who are f asri.Li ar • .'ieh both the one de ncunc ed and the one denouncing. These persons, with the notary present (cf r , n. 9), '.rho is to put the interrogations and responses in wr i t Lng , [are put] und e r the sanctity of an oath to tell the t rut h and to observe its secret nature, accc~pa~ied by the threat, if it seems necessary, of excom::nunication reserved to the Ordinary of the place or to the Holy See (c f r , n , 13). He will int:!rLogate them (Formula G). concerning the life, rao r a Ls and pub Li,c reputation both of the one denounced and of the one d enounc Lng . [They ,;ill be asked] wr,ether they think that the one denouncing is worthy of creder.cc; oc wnethe~, on the other hand, that person is capable of lying, of calumniating and of perjuring himself; and whether these persens knov whether there h2S ever been any case of hatred, grudge or reason for enmity between the. one denouncing and the denounced person.

34. If the cenunciations are macy in number, there is nothing to prevent the same [character] witnesses to be used fer all or (to use d t f f e r errt ] witnesses, always being careful to have a double testimony as to the denounced acd any denouncer.

35. If two witnesses cannot be found where each individual knows boeh the denounced and the denouncer, or if they cannot be interrogated at the same time without' the danger of scandal ++14++ or without detriment to the good name concerning hie, then arrange~ents to be made, so that t~o pecsons, by means of a divided (diIllidiatae] [testimony], namely, interrogate two witnesses only about the denounced and another two only about the individual denouncers. In this case, however, it will be necessary to inquire elsewhere as to whether- hatred, enmity or any other human disaffection against the cenunciatec [priest] was the case.

36. If not even th~ divided efforts cannot be pursued, or because capable witnesses ca~not be found or becaus~ scandal or detrime~t has to be feared ~nd rightly so, there is the possibility of substituting, cautiously, :lc,,;ever, and prudently, [for the IJitnesses] with ex t r a j ud t.c i.a L inforiDation a bc u c the d e no u n c e d a nd the o r.e s denou:1.cir:g and their cu t ua L personal ~elatior..ships, with [all of c~is] ~ut into writing; or [the same results can :o~e about] a:so through supportive ~roofs which corroborate 0: weaken the r ccu s a t i.o n .

37. This [articlel, then, pertains to the third Leece!" (c). If in the denu~ciaeions, which happens not rarely, some persons are influenced, perhaps also solicited, or others who can [simply] bring forward testimony concerning for some tj~e of reasona. All of these people must be examined ~everallY (that is, s_fpa:.-ately) according to the judiciary formula (below. J (For~ula I). First of all, they must be interrogated through general matters, and then, by d eg r e e s , as the ma t t e r evolves, arriving at the Darticulars, whe t he r arid how' they had really been solicited, or did t he y kn ow or hear that other persons had been solicited (Tns t ruc c i on of t:-te Holy Office, February 20, 1867, n. 9).

38. The greatest circu~spection must be used in inviti~g these persons to this Ln t e rv Lev ; f o r it will nc t a Lwa y s be o ppo r t une to bring them to a public place such as the chancery, especially if these. are girls ",to are being subjected to the exa~ination, married wo~en, or those who are dotne s t Lc s . If those to be e xam i.ne d live either in conas ce r i.e s , in hospitals or in p i c us homes for g i r l s , then, the particular [persons] should be s ummcne d with great d i Li.ganc e and on diffe:::ent days according to circumstances (Instruction of the Holy Office, July 20, 1890).

39. What ",'as said above about the ,,;ay to receive the den' .. m c La t i.o ns , will also be applied, changing what has to be changed [mutatis mutandis), to the exa~ination of persons who have been brought fo~~ard.

++15-'-+

40. [If the exarr.ination of these persons, who corroborate. each other by positive evidence. and because of which examinations there exists [therefore] either an arraigned priest or another person ~.reighed dow" [with so~e accusations], ther. the denunciations that are true and strictly speaking denunciations and all the rest of the information about t a e s e (denunciations] are pursued regarding the qualification of the cr~e> regarding the resumption of the preceding acts and of the resu~ption 0: the efforts to be taken iG accordance with what is prescribed above.

41. Once. hoveve r , all these ma t ca r s are taken care of, the Or d i nar y is to coomunicate the Acts to the pro~oter of justice. who will see now vhet~er all the procedures (actions] have been performed corectly or not. And, if he thinks that. there is nothing against their acceptance, he should declare the

.inquisitorial process closed.

Chapter II : Canonical Directives and the Admonition of the Accused.

42. When the inquisitorial process has been c Los ed ;: the Ordinary, having heard the promoter of justice, should proceed as folows, namely:

,

a) if it: is evident that the d e nun c i a t Lo n totally lacks a f cund s r i.o n , he should order this to be declared in the Acts, ar.d the. dc c ume n t s of t he accusation should be destroyed;

b) if the indications 0: tr,e. crime e r e vague and indet:e.r~ihace c r ur.c e r r a f n , he should order that the Acts be put Ln t o the archives, tc be taken up again if sooething else happens in the future;

c.) i.f , r.Q'-le'ler, yet sufficient to

rbe!'e a r s i.n d i c a r i.c n s 0: a c r i.ma serious e c o u g h Cr..lt r.GC

ir,sti::'ute an a c ccs a cc r i a l p ro c e s s , as e s p e c La Ll.y in the

case where only one or two d e nuac La t Lons are had, where, indeed, [the regl.:-lar process was f o l Lcr .... e d ] with diligence but were not corroborated by any or ie,sufficient proofs (c f r . n , 36), or even many (prooEs] bu t ',.,rLtn uncertain procedures or proced~res that are deficient, he should order that the accused be admonished according to the different (types of I cases (Formula 11) the nest or secane! (tiu,e?] parena11y, seriously c r most seriously according to the norm of CaDon 2307, addir:g, if necessary, an exlicit threat of the trial process, should SOIDe other nel.,' accusaticn is laid upon [the accused]; the Acts, as above, should be kept in the archives and in meanwhile a c he c k s hcu Ld be kept on the morals of the accused (Cario n 1946, § 2, n. 2):

d) If the~ certain or at last probable argu~ents to institute the accusation are present, he should order the a c c us e d to be cited ar.d be. subjected to the matters [which are prescribed for this trial].

++16++-

43. The ad~onition, .cancerning which treatment is made in the preceal~g nurnb e r w'ith the letter (c), is always to be given secretly; it can be done, however, through a letter or by an Lnt e rtae d i a ry , but ir. e a c h case, it cu s c be clear irom some doct.:.ment to be kept in the secret archives of the C~ria (c f r . Canan 2309, § 1 and 5), adding the informacion abou:: t he manr.e r in which the accused accepted it.

44. If, after the first ad:tonition, other accusations against the same accused t~ke place concerning solicitations, preceding the admonition itself, the Ordinary should see, according to his O',,"TI choice and conscience, whether the first admonition shold be considered sufficient or whether he should proceed to a ne.,,; ad:nonition or even co further measures (Ibidem, §

6).

45. It is the right of the Promoter of Justice to appeal and to have r ec r e ccur s e for a accuse": against the canonical prescriptions of this kine it to the Holy Congregat:ion of the Holy Office within ten ten days free chetheir dissemination c r intimation. In this case, the Acts of the case i.;ilhave to be t r an suri t t e d to the same Holy Congregation according to the preprescrip~ion of Canon 1890.

46. These actions, however, even if put into effect, do not extextinguish the penal action. and therefore, vhen other accusations by c hanc e take place. a method will be fo l Lcve d concerning those matters which also have given cause to the said canonical instructions.

Chapter III - The decrees for the accused persons

47. I·then once there is a sufficiency to institute an accusation, as va s said above in riucb e r 42 (d), a r g uma n t s should be made openly, and the Ordinary, hav Lng he a r d the promoter- of j us t i.c e and hav:::':1g ob s e r v e d everything, in so far as the peculiar nature of these cases allows, Jhich is stated concerning the citation a:1d denunciation of judicial acts in Sock IV, Title VI, Cb ap c e r II, of t he code, shall Ls su a a decree. (Fo r cu I a 0) c o n e r n i.n g t h e accused in the p r e s e n c a of the Ordinary 0;'- b e f o r e a jl:dg~ delegated by h Lzis e Lf (c f r , n . 5), citing [h i zi ] f o r crimes introd'.!c:.c ar.d b r o ug h t against h i c , '~'~,ich Lr: tn e forum of the Eoly Office are s a i d 1:1

unclassical parlanc.e "Reum constitutis su'::liicere" [co subject the accused to an indictment]; and he will take care to bring t:his inforr;:;atior. tc the accused hi~self in accordanc.e with canonical principles.

I.

48. The judge shoul@. paternally and gently exhort the accused, vho has

no",' been cited, v..rhen he appears, and before the indictments are f o rna l l y begun, to confession, 'and, whe n he has consented to these exho r t a c t cns , tb: judge, having summoned the notary or ++17++even, if r.e has found it more opportune (cfr, n. 9) without his intervention, can receive the confession.

49. In this cs?e, if the confession is found corrooorated by the Acts and substantially complete, a vow first having been taken, the Promote.r of Justice puts the. case. in writing, omitting the other formalities (See. belo~, in Chapter IV), and he. will be able. to conclude (all of this] w1t:1 a defir.itive decision, having given, however, to the a c c u s e d the c p t i on of a c c e p t i.ng the decision itself or of petitioning to have the regular and complete process carried cut to the end.

50. If, however, on the other hand, the accused has de.nied the crime, or has made a confession that is not. subs tantially integral, or even has s umma.r i Ly r e fus ad the de cis ion in view 0 f his conf ession, the judge, wi err the notary present, should read h i n the decree. by ,,;hieh he declares, concerning ~hich paragra?h 47 speaks, and the deliberations are. then ope~ed.

51. The trial opened, the judge c an , having heard the Pro",ote: of Justice according to the. mind of Canon 1956, suspend the accused responde~r either from exercls~ng any sacred ministry at all or only from hearing the s~craRental confessions of the faithful up until the time of che jud~ent. If, however, by chance he thinks that [the accused] can impqse fear upon the witnesses or secretly instigate them (to thwart the. trial] or in any ,,"'2Y impede the course of justice, he can also, having also heard the promoter of justice, order that he go to a predefined location and r ema i n there un de r special vigilance (Canon 1957). And, or. the other hand, [ho'"ever], e a c a decree of this type is not given a remedy in law (Canon 1958).

52. Thes e things ha.ving been taken care of, there should be a proc: edure to present the accusation to the person accused, according to formula p, having c aut ious Ly and most diligently taade sure that the persons of the. accused and especially of those denouncing him be no t revealed, and , on the part of the accused, htat he in no way violate the sacramental 5e21. No~ if something in the surge of speech slips out which seems to savo~ of either a direct or indirect violation of the seal, the judge should not permit this to be referred to in the Acts by the notary; and if, by chanc~, it has been inconsiderately [put into the Acts], he should order, as soon "as he notices l t, to be c o np l.e rely dele ted. In every way the. judge is to reaembe r- tha c i. t Ls never right: for him to bind the accused by an oath to tell the truth :Cfr. Canon l744).

,

S3. The indictment of the accused having been c omp Le t e d in all ma t t e r s

md the Acts having been seen and approved by the Pr oco t e r of Justice, the udge is tc issue a d e c r e e concerning the conclusion oE the case (Caner, 860), and, if by chance he is a d e Le g a t e d judge, he should t r a n s m z all the papers of the proceedings] to the Ordinary.

+;-18++

54. If it happens, however, t!".at the ac cus ad remains contumacious, or I for some grave reasons the indictments cannot be pursued in the diocesan Curia, the Ordinary, saving to himself the right of suspending ete ~ccused a ~iviDis, should defer the entire case to the Holy Office.

Chapter IV - The Discussion of the Case, the Definitive Decision, and the Appeal

55. The Ordinary, having received the Acts, unless he v i.she s h itns e Lf to proceed to the definitive decision, should delegate the judge (c f r , n. 5), another one, in so far as it can be done, different from the one vhc coudu c t e d the inquisition or the indictment (cfL Canen 1941, § 3). The judge, however, whoeve= te is, whether the Ordinary 0= his delegate, should designace, ac co r d t ng to his prudent decision a space of time for the de~ender to prepare a defense and to tender this in a double copy, one copy to be - given to the judge himself and the other copy to the Promoter of Justice (c f r , Canons 1862-63-(4). However, the p r omo t e r of justice, ""ithin a tiDe parioe likewise previously established by the judge, should tender in W7iting his own iGquiry (recuisitoriam), as they now call it.

56. Still, a congruent time having been interposed (Canon 1870), the judge, according to his co ns c i.e nce infonaed f r orn the Acts and f r o n the proofs (Canon 1869), will pronounce a definitive decision, either a condemnatory decisio~. if he is certain of the cr~e, an acquittal, if he is c e r c a Ln of n i.s innocence; or an abandonment of the charges, if he is invincibly doubtful because of the lack of proofs.

57. The decision is rendered according to the respective formulas connected to this Instructioa and will have been to put in ~Titing, with the add.i r Lo n of an exe cut o r y decree (Canon 1918). First of all, cha Promoter of Justice having been notified beforehand, the decision must be solemnly made known to the a cc u s e d , who has been cited for this by the judge who is presiding at the Tribunal, with the notary present. If, however, t he ac cus e d , rejecting the citation, has not appeared, the intimation of t h e decision should be made through letter, haVing obtained exact testimony of its reception through the public post office.

58. Both the accused, if he thinks that he has been [vr ong l.y created], and the promoter of justice have the right of appealing from this decision to the Supreme Tribunal of the HoLy Office, according to the prescription of Canon 1879 and following vichin ten days from the solemn notification of the same; and the appeal of this type has the effect of suspending the decision [suspe:J.sivc), but not so, if it is given (Cf r , n , 51) for a susper.sion f r o:n the he a r Lrig ++19++of s ac r aaen ca I conf e s s Lo n s or from exercising a sacred ministry.

59. The appeal having been made, the judge must transmit an au.t h e n t Lc CO?Y or the o r i g i.na L itself of a~l the Acts of the case to the Holy 'Office, as ~uickly as it can be done. add.ing infon:::.ation as necessary or as he has judged to be opportune (Ca~on 1890).

60. As for t~e co~plaint, the~, of nul~icy, as sOQecimes illig~t oc:ur, Ie: t ho s e detail" prescribed by Canons 1B92-97 be observed to the last. detail.

However, what pertains to the execution of the decision. those prescriptions should also be observed, according to the nature of these cases, as is fou~d in C~nons 1920-24.

++20++

TITLE NlJ11BER THREE

PENAlTIES

61. "He who has commf.t t e d the crime of s o Lf.c La t i o n ... , should be suspended from the celebration of Mass and from the hearing of sacraoenta1 confessions or even, according to the gravity of the delict, should be declared incapable of accepting them. He should be deprived of all benefices and dignities, of h i s active and passive voice, and be declared incapable for all these (honors and capacities], and in the mare grievous cases also be subjected to reduction [to the lay state]. Thus states the Code in CanO:l 2368, § 1.

62. For a correct and practical application of this canon, in pe~a~ties decreed against pries:s convicted of the crime of solicitation with an equal regard for the rt.ind of Car,on 2218, § 1, these ma t t e r s , especially for estimating c he gravity of the crime, should be ke.pt before one 1 s eyes, namely: the number of persons solicited and their condition, as, for example, if they are minors in age or es?ecially consec:at~d through religous vows to God; the fo~ of solicitation. if perhaps, especially, it is joi~e~ with false teaching or false mysticism; the turpitude of t~e a~ts not only formal but also material and especially the connection of solicitation with Ocher delicts; the length of the obscene conversation [between the parties involved]; the repetition of the crime, the recidivis:n after his admonition, and the obstinate malice of the solicicor.

63. To the greatest penalty of degradation, there can be added for a religious who is accused the reduct~on to the status of a lay-brother. This is only then imposed when, having weighed everything, it evidently ap?ears that the acc us ad , Lmme r s e d in the depths of malice in t h e abuse of his sacred ministry, ccmb i.ne d with the grave scandal that is harmful to the faithful and their souls, exists to such a degree of foolhardiness and habit, so th~t there is no hope, humanly speaking; or almost no hope, of his ~mendment that is evident any more.

64. On top of the penalties properly imposed, in o r d e r .ffect of these penalties more fully and securely, ;upplementary sanctions in cases of this type, namely:

to o o t a Ln there ' .... ill

the be

++21++

a)Upon all accused persons judicially convicted che r e shou i d be l.n t e r po s e d congruous, to the degree of the faults, and salutary penances, IOC in subscitution for the penalties properly speaking in the s e n s e of :a.non 2312, § L, but as a complement [to them], and acicng t ha s e (c f r,' Ca no n '.313) especially s p Lr i t ua I exercises for some days in some religious house :;--be performed with a suspension, daring these t Lrae s , from the c e Le or a t Lon )f Nass.

b) - Upon the accused convicted who has confessed, mo r e cv e r , there should be ,imposed an abj uration, according to the different cases, if there is a light or a strong suspicion of heresy into which because of the nature of the crime soliciting p r i e s t s fall into, or even of f o rma l heresy if by chance the crime of solicitation has been joined to false dog~a.

c) Those I-lho are in danger of falling back (into their f o rtne r 'Ways], and therefore of becoming greater recidivists should be submitted to particular vigilance (Canon 2311).

d) As often as, in the. prudent judgment of the Or d Ln a.r y , it s e ams necessary for the amen dme n t of the delinquent, for the removal a f the near occasion [of soliciting in the future], or for the prevention of scandal or reparation for ie, there should be added a prescription for a ?rohibition of remaining in a certain plac~ (Canon 2302) •

e) Then, I, .. hen concerning the absolution of an accomplice, as this is outlined ~l. t h e Constitution SacramentuI!l Poenitentiae, there is no indication at all in t~e external forum, and, therefore, of the sacramental seal, there can be reason Co add at the end of the condemnatory s en t enc e an admanitior, to the ac cus e d that, if he has by chance absolved his accomplice, he should quiet his conscience by having recourse to the Sacred Pe:li t e n c La.r y .

65. According to the norm of Canon 2236, § 3, all of these penalties, as they have been a p p Li.ad once by the judge ex officio, cannot be remitted except by the Holy See through the Supreme and Sacred Congregation of the He 1 y 0 fi ice.

++22++

TELE IV

OFFICIAL COillfJNICATIONS

66. Whene.ver an O-rdinary ilIl::ledia.tely" acce?ts a denunciation of the crime of solicitation, he should not omit telling this to the HOly O~fice. And if by chance be treats oE a priest whete.hr seculer or religious having residence in another t e r r i.t o r y , he should transmit at the sane ti::J.e (as already has been stated above, n. 31) to the Ordinary of the place, where the d e ao unc e d actually is staying, 01:", if the address is not knovn , he. should send to the Eoly Office an authentic copy of the denunciation itself ~ith tr.e procedures, in the best man~er possible, and with op?ortune information ane declarations.

67. Any O'r d f.n a r y who ah s pr oc e e d e d correctly against some priest who is so l Lc Lt i.ng , s ho u Lc not onit informing the Holy Congregation of the Holy Office, and, if it is a matter in which a religious is Lnvo Lve d , also the General Superior concerning the outcome of the case.

If any prie.sts condemned. of the crime of solicitation, ad~onished, shaulc transfer his residence to another territory, a cuo should Lmme d La c e 1y warn the Ordinary ad que=: of the preceded taht person and of his juridical status.

or evan only the Ordinary things that

69. If any p r i.e s t suspended in a case of solicitation f rcm h e a r Lng s ac r amen t a L c.onfe.ssions but not f r om s a c r e d preaching happens to go to another territory to preach, the O'r d Lna ry of this territory should be re:nindeC: by the prelate of the. accused, whether secular or religious, tha: he cannot be u:ilized for hearing sacramental confessions.

70. All these official commun Lc a t i.o ns shall always be made under the

since they concern the common good of the the precept of doing these thinf;s obliges

secret of the HoLY Of f i.c e ; and, church to the g r e a c es t degree, under serious sin [sub graviJ.

+-1-23++

TITLE V

THE WORST CRIME

71. By t he n ama of the wo r s t cLi.:::e is understood at t a i s po i.n c a

signi~ication o£ any obs~ene external deed, gravely sinful, in any perpetrated by a cleric or 2ttempt with a person of his O~~ sex.

72. These things thae have been stated concerning the cti~e of s o Li c Lc a c i c c up to this point are. a l s c valid, changing only those things necessary tc be c h ar.g a d by the:'r very nature, for the worst c r i.c.e , if sooeone by chance in ehe ?resence of the Ordinary of the place, concerning w-hich (·..Jhi_~:-, may Go;:: p r e v e n t ' ha pp e r.s to be a c c u s e ri , having accepted the obligatio~ of the de~unciation from the posieive law of the Ch~rch, unless

perhaps it has been joined with the crime. of solicitation in s a c r arae n t a L confession. In decreeing penalties, hot .• ever. against delinquents of this type, besides those which are f cund spoken of above, ar.d the6y s hou l d also be kept before oue's eyes (Canon 23j9, § 2).

?

73. To have the ioIo-rst crime, fer the. penal effects, one must do the equivaler;t of the following: any obscene, external act, gravely sinful, perpetrated ir. any way by a cleric or attempte~ by him with yo~ths 0: either sex OT with brute. animals (bestiality).

74. Against accused clerics for these crimes. if they are exempt religious. and un Le s s the.re takes place at the s arae ti:ne t:ie c r i ne of solicitation, even the regular superior can proceed, ac co r d i.ng to t he holy canons and their proper co n s t Lt ut i.oris , either in a" 2.dIIlinist:C2.:i'Jii! or a j udicia.l cann e r , Ec: .... ever, they mus t ccmmun Lc a t e cne judicial d ec i s i o n pronounced as well as the admins i t r a t Ive decision in the mo r e s e r i.o us cases to the Su?re~e Congregation of the Holy Office.

++24++

FRO;! THE AUDIENCE OF TRE HOLY FATHER. liA..::tca 16.1962

Our Most Holy Fa t ne r .Io hri x..,(III, in an audience g r an t e d to t~e most: eminent Cardinal Secretary 0: the Holy Office on March 16. 1562, deigned to approve and confir~ this instruction, ordering upon these to w~orn it pertains to ~eep and observe it in t~e minutest decail.

At Rooe, froD the Office of the Sacred Congregation, March 16,. L962.

Place of the seal A. Cardinal Ottaviani

+t25+t

APPENDIX

FO&~ULAS TO BE USED ACCORDING TO THE CIRCl~STkiCE (Ol.l.itting other ma t t e r s "" .. hich are found in various places among the authors)

++27++

fOR.'1ULA A THE FOR.c'1LTA FOR 'IAKING A~ oxrs TO EXERCISE ONE I S OFFICE FAITHFULLY

AND TO OBSERllE THE SECRET OF THE HOLY OFFICE

In the nace of the Lord.

I ... appearing be:ore .... and touchi~g the most holy Gospels of God placed before II',e, swe a r and _ promise to exercise my duty faithfully .... Likewise, under the pain of exccmmua i.c at Lcn late sententiae ipso facto arid to be incurred without any declaration, from which outside of the moment of death, I can be absolve~ by no one except by the Holy Father, excluding even the Cardinal of the Penitentiary, and, under other most serious penalities, at the disposition of the Supre~e Par-tiff Co be inflicted upon me in the cs~e of transgression, I promise sacredly, vow a~d swear, to observe inviolably the secret in a Ll, matters and details wh Lch t.lill take place in exercising the aforesaid duty, excepting precisely those matters at the end and at the completion of this negotiation (or of these negotiations] Ioihic:" can be legitimately published. Furthe~, I shall observe this secret a~solutely and ir. every way '..rith all "'ho have no legitimate part in the treatment of thi.s same matter [or, who are not constricted by the same sworn bond]; nor [will I ever], directly or indirectly, by means of a nod, or of a word, by w'Titing, or in any other way and under whatever type of pretext, even for the most urgent and most serious cause [even] for the purpose of a greater good, co~it anything against this fidelity to the secret, unless a p a r t Lcu La r faculty or dispensatior. has been expressly g Lve a to me by the Supreme Pontiff.

++-28++

FOR..'1IJLA B

Fo~ula of Renunciation (Abjuration)

I (name, family name, etc. of the one abjuring, ;"rhich, if he is a religious, he should add his na~e, etc. which he used in the t.lorld) the san of (name of the father), being ., .ye a r s of age, and personally brought to trial [ari:"aig:1edj, and, having g e nuf Le c t.e d before you (name, family name, gualit ies, e t~. of the. person who is to receive the abj ur a t i.o n) , and having before me and touching with my h~nd the most holy Gospels and kno~ing that no o~e can be save~ unless he believes what the Holy Catholic and Apostolic Reman Chruch holes, believes, preaches, professes and teaches, r confess and I am sorry that I have erred seriously against [that church] through the. ab~se and profanation of the sacra~e.nt of pena"ce [and through the profession and doctrine of false do~a].

Now sorrow'fu1 a nd pe.nitent for the aforesaid [e-::::rors and heresies, per5uad~d about their falsity and of the truth of the Holy Catholic faith], I abjure all the. same (errors I made} with a sincere heart and a real faith arid I detest [b. the same way in general all other errors and heresies contrary t o the liolYrCacholic and Apostolic Roman Church] and a t the same time humb Ly a c c e p t And promise faithfully to implemer.t all the p e n an c e s given to me 'cy R.P,p', [The reverend dignitary?] ... that have already been imposed or will be disposed: and if I have not stood finLly in some matter despite these p r ouri s e s and oaths of mine (May God prevent this) I s ub j e c t myself to all the p e aa Lt Le s and cascigatians which have been stated and promulgated by the s ac r e d c ano ns and other general c o n s t Lt u t Lo n s against cie1iqueots [," .. no have acted} in this way. Thus, may God help me and t h e s e Holy Gospels of His, which I tOlich w~th my hands.

I ... the aforesaid have abjured, s~orn, promised and obligated myself as above, au! in t e s t Ltno ny [of sy good faith] in this matter I have signed with my hand t h i s "''Litten promise of my abjuration ++29++W'hich I have r e La t e d orally with ~ords (here is noted the place in which the abjuration has been made) .

Gn this ... day of the month of. .. in the year ...

Sigr.ature

After the absolution has been imparted, the one who rec~ived the ab1uracion and gave the absolution will put his signatur~ here in the way it is noted in Formula C, which follows.

++30++

FO?'}HJU .. C

The Formula of Absolution

Once the penitent, kneelin~ on bach knees a::td having first touched the Holy Gospels of Goe, has r~ad and signed the formula of abjuration, [the bishop or his delegate] absolves him, wearing at least the purule stole., and, while sitting, will recite the psalm Miserere or De Profundis with the

.Gloria Pa t r i..

Then, standing, he will say:

Kyrie, eleison, Christe eleison, Kyrie, eleisor.. Pater noster, secretly UD to

And lead us not i~ta temptatiQ~.

But deliver us from evil.

Save your people, Lace.

My God, they are hoping in you. Lord, hear my prayer.

And let my cry come unto you. The Lord be with you.

And with your spirit.

Let us pray

God, of whom it is proper always to have mercy forbearance, we supplicantly beseech you, that the holiness absolve with clemency this s e rvan t of you r s excummunication binds. Through Christ our Lord. Amen.

and to treat with corcp a s s Lon of yeur whom the shdckle of

Then, again sitting down, he should absolve the penicer,c still 'o:.neelin3 before him with these words:

By the. Apostolic authority w~ich I exercise in this matter, I absolve you from the bond of excommunication, which you (perhaps} have incurred, ace I restore ycu ++3l++to the holy sacraments of the church, to the c ommun i.o n and unity of the faithful, in the Name of the Father + and of t h e Son, arid of the Holy Spirit. F~e.n.

rrlith these acts, the one .... ho has imparted the absolution should impose th~ salutary penances (for the most part [a penance] of reciting dece~~ined prayers, of performing some pious pilgricrage. of accoiI!plis:,ing ocher ;.:orks of piety, of observing a particular fast, or of dispensing alms in pious causes, etc,), and finally, then, the fOrID'Jla of abjuration and he signs below in this wav:

[In the execution of the orders of R.P.D. (the r ev a r er.d supe r i.o r ) (the na.me, etc. of rhe one delegating him)] the aforesaid (n aae , etc., of the penitent) was administered. by myself [<:he delegate] the ab j ur a t Lc n concerning (e.g.formal, £E grave or light) .•. and the salucary pena~ces in the usual f o rm of the chur ch , these on the cay and year gi've:1 above.

So be ir. I (the signature of the person absolving the other)

[The. delegate will trans::lit the formula [evidently this means the docu:nent itself] directly to him fro::J wham he has received his delegation togather with the instruction, and other letters also received, if he has any, keeping nothing at all for himself].

++32++

FOR.:.'1ULA 0

The Formula of Delegation to Receive a Denunciation

The ..• day of the monrh of , •. in the year ...

We ... delegate with these letters ... to receive [without th~ intervention of U:e n o t a r y ] , und e r the s e c r e t of the Holy Office and a c cc r d Lng to the attached Lr.s t r uc t Lo n , the denunciation which the named p e r s o n La c ends to cia ka .

L. S,

The. signature of the Ordinary of the place who is dele~ating

(Formula E is connected to the letter).

-'--,<)3++

The ~anner 0:: ?.ecei:vir.g i::-,c Cenun:iztion Pertair.ing Particular-ly to

? Sol:citation

[Note 1. ;"'ha:ever ;.;ords a r e Lnc Lud a d v i ch Ln the brackets are v a Li.d i n the case i:1 '..;tt.ich the d e n unc ; ... tion is received b y the delegate, 0::, respectively, without the interve~:ion of a notary.]

If the the delegate, however, having signified a serious re2--son, Can:10t ob s e cv e this canner of r e c e Lv tng the G.enucciation, r.e s ho u l.d na k e r eccur s e for some instruction from whom he has received the delega:ion.]

The notarY, if he is Drl:seEC, or he who is to receive the de, ... r.mcia!::::'on will begin wich these words or in words si3~lAr to these:

On tte .. ,day of th~ month of ... in the year ...

On my 01.'11 accord I p e r scne Ll y appeared before the ua de r s Lgned (t he r e should be 'in:: tten the nacne, the fa::r.i::'v naoe, etc. of that person I.·ho is to receiVE! t~e [deTIunciation], who, if the notarv is not present, should ~rite: before me the und e r s t gn ed ) taking p l ac e in (here there are noted chI'. placa and the diocese where the person who is co receive the action [that is, the deu.nciar.io:J.] lives) [Delegated s p e c La Ll y only for ch:.s action by R.P.D. [The reverend person delegating?] ... , as [will be seen] from his letter directed [to me ] arid given un da r the da.te (Let there be expressed 0:1. ' .. hac day t:-:e letter itseE was Written) app Ly i.ng to the present s Lt ua t i.cn ] 1'.N. (r he r e should be wcitten the name, family name, the name of the father, the country of OI'ig~r-c [that is, nationality], age, situation [no doub:: the tyee of IJOI'k the oerson does] and the hoce address of the person denouncing; and if this person is a religious, also the na.:r.e the person was called by in the world) to vhcm, havir.g ma d e an oa cb to speak the truth, wh i c h he t o c k r.av Lng touched the Holy Gospels of Goc (which he must touch ',.:ien. his 'tar.d, eveCl a priest) it was e xp La i.n e d as b e l ov , that is:

This persor. denouncing in ordinary language [he must declare that he knows that this factilt'! Wi.S obtained from the ordinary of the place to receive wiihcut the intervention of the notary what he is abcut to rel2--te to exonerate his co~science, and therefore because he' cannot oresent hiDsel: to the Most Reverend Bishop concl:rning the just causes: then] he ~ust con~inue to narrate. in words, however, discrete and contracted [brief] whac oeI'tains to the solicitations made to him or what ++J4++were the wo~ds, the wTitings, or the acts, accurately describi~g the place, time, occasior., times and sin,gular circuc,stanc~5, and "hether irr t!-ie act of ccnfessior:' eiener be,:oI'e or afteI' the sacra~ental absoluticn these things tock place. He must identify the confessional seat and the soliciting confessor' hi~selE, end i~ so far as he either does not knew his naGe and fa~ily naae 0" has focgotte~ it, he shall describe accurately the cerson of that man, p.oting d:stinctlv all his characteristics, so that he might be recognized. He should ·hate who receives tr.e denuncia:ion. that r,e sr.ould avo:c inte.r-rc2at:!.ng the GeI"'.'.lnciati:l2 pe::"son ' .... hether he ga?e cc[';ser.[ ta the obsc,,:"!e ce;:d ir, 8:'./, :Jay 01: refusee, 5ir.oe the ;.;i:r.e55 is nc, bound to o.a:tifest hi;:: dE:fects; roe';", cr,€' one denouncing is exoressly edv:sed that he is not bou~d [0 ma~;fe~: consenc

i c ~ ~T it h the s e. ".,.TO r·;:: S ft>lT;:' ~ C e n as c h e \/ a S : ~~e v

(

of

the

cr.e

f o l Lcvs here, nor is a.(!thing more. required.·

s o Li.c i t e d o t h e r

i: said, tr.a t s a i d N.N.

p s n i t en t s to ob s c e n e

The interrogation: H"ne t he r he

~~--------~--------~

(naming the perser.), the confessor,

tr.ings?

fie res~onds: (If the reS~O:1Se was affir:l«.t::'ve, he ''''-\ 11 seek the came ar.d ~I name of the persons ced the source (cause?) of t~e. knowledge),

T";.e ir,terrogation: Concerning the good name of t a e aforesaid c o n f e s s o r

N.~. ~ith you yourself as with others~

He responcis: ...

The i:1terroga~:'on: woether he made the declarations fro~ hate or frc3 love, and £rc~ e~~ity or other general reasons, etc.

Ee respones; Correct (if he will sav that he had denounced in order to exonerate his o~-:: cons c a enc e . )

If IT.o:-e than one ;:Jonth had oasse,: since the sol:'citation, moreave:: , t~ere should be added:

T:1e IDter:-og",tion: Why t he n d i d YO1_! d e Lay the d encunc fng 0: tt'.e aforesaid ~atters to yeu:- Ordir:.2:Y a~d the exoneration of your conscience?

He responds:

All of these m2.tters haVing been absolved, there should r~ad to the de;}c:.:r.c:::'ng person e',erything which was given in ",'Tieing, ar, havir.g give.;} a just re2.S0;1 in ",'Tieing, a just cause in w-riting, the i:1.strumec.c shcu:,c be given ta hit) so that he may read it in the presence of hi'l'l who receives the cemmciation; all of these Il:atters Clroved and acceptec., together with t;1e Dorections, additions and erasures, if there are SOme, ++35~he is invited to ,<trite his signature below, and, having given an acocunt of his taking an oath to observe (he seer-ee, he should be dismissed.

, , , :'. J..

of thse matters will be described i~ these words:

having these matters and havicg accepted them, tte one denou~cing having beer. dis:r.issed has swo r n to obseve the s e c r e t , again t o uch i.ng the Holy Gospels of God (he swears an oath upcn the Gospel again); and in co nf Lrrca c i on of Io'ha: has been testified by wc r d he '.;rites his s Lgna cur e (or, if he cannot ''''rite: since he cannot wr i r e , as he asserted, (let the ca~ be noted), he made the sign of the cross).

After the one denouncing here has signed or made the sign of the cross, the notary should sign, if he is present, in this way:

Th e s e are t he Acts signed by myself, the notary (and i~ he 1:-.25 bee.n assumed on:v for this act: assumed only for this act).

F~nally, he signs ~ho receives t~~ den~nciation. L. X S.

denu~c~a(ioc sig~s in this wav:

IE.

no t o r e s e n r ,

then

These Acts are signed by myself, N.N. [specially delegaced o~ly for t~~s ac t by R.P .. D. (t~e r ev e r e nd delegating pa r s on ) N.~;.] ..

[The deleg2.te thad delivers the e n t Lr e

act direct1v to him fro~ whoQ he

,

has received. the de1£g;:.tio~ t::;gether '~':_th received, keeping nothing for himself],

the insc:ruction and t h e Le t t e r s

+1-36++

FOP~'1·n.A F

Fc rmu La 0: ZJelega::'ion to Und e r t z ke t ha Ir.ve s t i g a t i o n

A) TO u:m::?:~;'~,{E TEE COl"'~:"ETE nVESTIGATION

T~e .. ,day .•. of the month of ... in the year. ,.,

We ... ask yor..: t h a t you will take the cus ccmar y dilige~ce in pu r s u i n g [this investigation] according to t h a affixed Lns t ruc t Lc n ab oc t a false

d e nunc La t f o n made by (for ex arap Le , a woman or wemen) , , .

against t h e priest .• , .•......••.• , ... , .. by Ln t e r ro g a c i.ng [the::] s e pa r a t e Ly , f o rma I Ly and uride r o a t h te t e Ll, the t r u t h ar:d o b s e r v e the s e c r e t; , ::·.,,0 witnessses, in so far as is possible f r otn the ecclesiastical o o d y, but cc r e important t he n anyt.h i ng else [to Ln t e rv i.ew s omabody ] , w:,,=, k:cc:';';s .ail bo t h the denouncee person and the one denour:cing (or, if the de~ou~ci~g a:e many in nutab e r , one arid all de!1ouncers). If you cannot fine only two w i t ne s s e s who know together the one denounced anrl each and everyone. denouLcing, you will call macy, as ~any, nawely, as it will be fitting so that the~e ~ill be a double testiDony as to the denunciated and each one deneuncir:g, An authentic copy of the Acts, however, you shall transmit to us directly ar,d in a safe ",'ay, together ''''ith the Ln s t r uc t i.on and these letters, r e c a t n i.rig not~ing fcr yoursel:.

L.X S. The Signature of the Ordinary 0: the place, the one d~legati~g

(Foraula G is joined to the lette~)

B) TO UNDERTAKE A PARTIA: IGVESTIGATIO~

On che.~.day of the month of ... in the year ..•.

w'e .•• ask you to un d e r t ake the investigation according to the af f Lx e d Ln s t r uc t Lc r; .. , •••• ++J7++-by interrogating [tber:r.] s e p a r a c e Ly , fo rrna Ll.y ar.d under an oath to S?2a!: the truth and of observing the secret, twe witnesses, in so far as is p o s s i b Le , f r c m the group of ecclesiastics, .3.5 greater than any exce?tio~, w~o ~ the woman or women) know [theri] core closely.

You will trans~it an authentic copy,however, of the acts ·co us directly an d in a safe ·.:aYJ t o g e t he r with the instruction and t hi s Le t c e r , ke2?ir.g not~ing for yourself.

L.X s .

Signa:~re oE the delega~ing Ordinary of the place

(:0 the letter is ~Jined Formula H)

++ ;·8"'-:-

~ay of Undertaking t~e E~tire Investigation (Note 1)

[Note: wlla'::eve: is included b e rve e r, the b r ack e c s is V2.2.::.c i:c the case in which the wQr~ is cone by a delegace.]

Cn the .•. day of the month of ... in the year oE ....

Hav i n g b e e n summo ne d , this person p e r s o aa l.Ly c atce ir.co the p r e s e n c e of myself, the ur.d e r s i gn e d , (let cr.ere be. '.rri::teu the place ar.d d::'ocesi: ',.;'nere he is located) [:0:- this act only s p e c i a Ll y delegated by R.?D .... as [i:;; ev i.de nt ] fron: the letters 0: t he s at;e person d e Le g a t Lr.g directed and g Lve r; to me on. this date ..• (there should be exoressed on w:--,at ciav the leeter ',las wTitten) binciing to the present position].

K ... N ... (tr.e name, fa~ily name a:-:ci qualities of the ReS:Jon::ent '<iitDess) ;"7:,0, \;2.ving r e po r t e d his t ak i rig his oath to t e l.L the truth, which he gave. (even if a priest), havir.g to~:hed the holy Gospels of God, was by myself:

1. The Inter~Gzation: whether he. k:1ew the priest N .. N ... (name, fa~ilv name and qualities of the person denunciated).

He responded: ..•. (lec chere be written ehe language c~at the wi:nesse.s use ar.d his response).

2. The InterrolZation: what is tbe lifescyle of this p r i e s t , ;.rh2.c are

his DoraIs, what is the opinion of people [about hi~]?

He responds: .. ,.

3. The Interrogation: whecher qualities of the one der.c'..:ncing,

he kne~ N .... N ... (name, family name, and or, if there are many , of e a c h one. of

tr.eo) .

lie re_s;::"on::s: ...

4. The_ Interrog2tion: What is his (each one of cheo) life-style, ",orals, and his o?inion aIDong the people?

#39++

He respondS: ...

5. The Interrogation: faith or capable, on the even oE pe,ju~y?

He. responds: ...

Whether he. other hand,

t nough t tha::: he or she. is ,.;arth;: a: of lying, c a Lumn i e t Lng in cour t 2:1'.d

6. The Interrogation: ~her:her he. kno~s ~tether perhaps ~etween hi~ and che aforesaid priest there. ever existed any ~eason for hate or enmity?

He responcs: ...

Trier, , have drolly observing the secret,

r e ad the \.lor',:: ar.d o r cughr him to take. the .c a c h o f which he took as above, he is dismissed and, ~efare he

goes awa y , signs in c:::;r.fi:-c,a:::i.an of ·.:;ha: ha s been s t a t s d a (0;:-, i: he cam:or viei::e: "rh:;:1 he a s s e r c e d t~at he. c a nno t "r:'::e (let the ::-e2.SJrl be no r a d ) , he makes t'ne s:'..g-:-. of :::r.8 c ro s s ) .

AfteJ:" the wit:1E!sS hs.s sig:1eci he no; OJ:" mad::! the si~";l of (he CcOSS, r,e S~gn5 chat he J:"eceived the testimonY in this way:

Ta e s e 2C::S are this act 1 .

sigr.ed

"

r

N.N. J

only

fa::

L,X S.

[The d e Le ga t e the;"! directly t ran sm.i.t s t h e act to received delegation together with the instruction receiveci, keeping nothing at all wit~ himself] .

him f r cu ',,+cc. Cle a nd the Le t c e r

has he.

++40++

Fe &"!fJLA CI The Way of Undertaking Partial Investigations (Note 1)

(Note 1. Anyt h i.ng included in brackets is valid in the case vha r e t r;e investigation is done by a delegate).

On the ... day of the month of ..• in the year ...

Having been called personally there apepared before me the undersig:1ed (let the:-e be I-Titte:l. the name, familv naJ:le, etc., of the person '"ho is to d:J tSe activity) t ak.i.ng p La ce in (let there be noted tte pl.:oce ar,c diocese -.;he.re he is to be found) [specic.lly delegated cn Ly fo:: this act by R.P.D .••.• , as [can be seen] in the letter of that s atte perS:;1 d I r e c t e d and given to me on t a Ls date (let there be exoressed or. what exacc day the lette~ was w-ritten) a t t ac he d to the present document. N".:;.,.(r,ame, fa::lilv na:Ile and qualities of the respondent wicness) who, hav i.ag been brought to take the o a t h to tell t h e truth, which he do e s (even a p:::'esc) having touched God's holy Co s p e Ls , performed this for me ,

1. Lri t a r r o za t i.or; : whether he knew' (for example, the ,""o;:::an) :.; ... ~ ... ? (name, iaTI:'ly na~e and qualities of the indicated person).

He responded: .... (~t~h~i~s~~s~h~.~o~u~l~d~·~b~e~_w~·~r~i~t~t~e~n~~i~n~~t~h~e~~s~a~m~e~~l~a~~~,g~~~a_a~~_e __ ~t~h=e witnesses uses for his response).

2.The Interrogation: what is tis lifestyle, what are his morals, ~hat is his rep~tation among th~ people?

2e responded: ...

3. Interrogation: Whether c r e d e nc e or on the other hand

he thinks that he [or she] is thinks tha t he or she is c a p ab l e

w,nthy of of lying,

ca l umn La t Lng ire. court an d even of cou:::nitting perjury?

He respcrcded: ."

4, The I:l:e::rogation: \·,Thether he knows ·..ihetter p e r ha ps b~t<"'eer', r.:'rr: o r he r and the p r i e s t there exists or has existed a C8L:Se fer r.a c e or e nra i t y ?

He resDonded: ...

Then, t h e act duly r e a d co t r.e I."itr.ass, hav i ng signi::ed h i s t a k i n g an oath to observe t:-u:< s e c r s t, \o:iieh ~,e does as a:ove, t:,e .;i["es s ._. ill be d:s=.issed, ++41-,-+ and before he Le av e s , s i.gn s as a c on f i.r ca t i cn oE ',..'i1a: has p r e c e d e d (0:- ~ if he car~:1.ct t.rri:e: whe:1 he C2D:lOC. r ... l":'i.te J as r e a s s e r t e d ~: Le c t~e c~use be ncted), he made the sig~ of the cross).

A:ter the witness signeci he:", or made the sign of the cross he who received the tes~imony sig~ed himse:f in this war:

1:hese are a c c s don e t h r oug a me N ... N ... [es?ecially d e Le ga t e d only fa::: t h i s act 1.

L .x. S.

[l:her: t:,e de.lega:e !.'ill t r ansm i t the 2.CC d i r e c c Ly to hLa f r orn w:,orr; he r e c e i v e d the d e Le ga c i c a to ge t h e r with t he Ln s t r uc t Lo n and letter ke.eping r.othing for hi~5el£J.

i

++42++

Hay of Conduc t Lr.g an Exam Ln a t Lo n Th rcugh Ge:1e.:-alicies

f

:;

:~cte: ("'1',ate.ve:- apj:ea:s w:_thin the b r a cks t s is valid in the case vh e r e C'r.2

eX:i.r::lination is by the'delegate, or respectively, w-:!..chout the .i c t e r v e n c Lo r; of a r,:J t a ry .

If the delegate, h:Jwe.ver. hav i.ng given a grave r e s s cr; , canna: ob s e rv e t:,is W2.y of aci!Cinistering an exa;nination, he. should r ec u r to hir:-. f r c a i.-hem he received the d e Leg a t f o n for [further] Ln s t ruc t i.o ns .

T~l.e notary, E he is pr e s en t ,

other,,:isa, he "he is to und e r t a s c

the

exaoination ~ill c~gin the procedures

in these or in si~ila:r ~er~s:

On the ... day e: the month of ... in the year ...

By force. of the decree of R. P. D. [The ~os t Reverend Bishop 1 (Le t t h e r e be ~~itte~ the name, etc. of the Ordinary of the place) give~ on the date of •..•. having been summoned there appeared before the undersigned ( let t'"e::e be WTitte~ dcwn the name, the family name, etc. of the person 1"T~O is to re~eive the act, an1 who, if the notary is not present, will ~~ice: in the presence of tiy s e l.f the unde r s Lgn e d ) , taking p La c e in (let chere be notee tt-.e place and ciQcese ,;here he is to bound who is to receive the aetior.) (especially delegated only for this action by R. P. D .•..• , as app e ar s f r crc his letter d i.r e c t e d to me. and given to me on the date (let therE! be expressed orr ;.,-hat precise day the letter was t-rritten), this ?erSOCL, :'.:-r. (hece there sr.culd be ',.rritt ... ", the nace, family nee;'!, :acr.er's name. hoceland. age, condition and address of the person sUQ8oned; a~d, if he is a rel~gious, also the na~e by whic~ this parsee is k~own i~ the world), havi~g bee~ brought to take ar. oath to tell the truth, which he does touchi~g God's hely Gcs?els (which he must touc~ w~th h~s hand), was:

Asked: ~~ethe~ he k~ows or imagines the reason for his being calleQ for the present exaQination?

He resIlonded: •.. (Let there be w-ritten his :-espor,se in c:-.a': lar.z'-_:age ' .. ;hich the su=oned person uses).

Aske~: ... For how many years have you been approaching the sacra~ent oE penance?

He responded: ..•

Asked: T,,'hether he all.,·ays ' ..... eel: to receive the s acr anen t vo f p en an c e =ro~ t h e o~r.d same C0:1fE!S50r ++43++ or whethe: f r o a many p r i e s t s : mo r e ove r , wnec:'1er he a l vays W"'TIt to receive Cr,e s a c r arae n t of p e n a nc e Lr; t h e 0;'.2 and s ame church?

He resp0:lded:

As k e : Io.'be:her f::02 e a c h of the pr i.e s z s tc ,.,-hor;: this ;::e::5.on c on f e s s e d he received holy a~~on![ions and opporcune ins~:-uctions, ,,~i2h gave edi~ica:!e~ to :he pe::so~ bei~g exa~ined, and ke?t ~i~ from evil.

Ee rssoo:lded: ...

If the res;)onse '..!as affirmative, that is, if he. says that: he had alY.'ays been d~rect~d ~ell, then he will be intetro~ate.d in the follo~ing ma~Qer:

Asked: vrhether he kncws or roomec:bers if at any time it was s a i d or heari t'::at a certain c onf e s so r had net acted in such a h c l y arid hO:1est ma nn e r t cva r d p en Lt e n t s , so that murraur s or eve::1, c.o n t emp c i.b Le vo r d s ag a i ns t t a e confessor ha d beer. p r o f e r r e d : f o r examp Le , had the person being exarr:~neci heard similar things from one or from ~any penite:1ts, a:1d over the ;Jas': year or over fo~r or three illon~hs?

~e resoended:. ,.

I: after this Ln t e r r cge t Lo n ar,d cO:n::!e.ntary the person being examined continues to denY, let che action be concluded wit~ the ~sual formula, which aD~ea~s at the bottom of this instruc[io~,

accoYding to those things concerning

But if there ha~ appeayed to

be sOlteth:'r.1? against any confessor,

· .. hie h he is be ing as ked, then he ,:ill

be in~errogaterl further as follows:

Asked: That he tell the name, c o nf e s s o r , and the place or seat of secu!ar or a religious p~iest, etc,

He responded: '"

family name , office, and age. of the his conf e s s ion; 0 r whe che r he '.ras a

As~e~: That he tell, in order, si~cerely and clearly, using, however, discrete. and cun s t r i.c t e d vc r ds , all of those ch i.ng s less chan honorable which he had heard in the sacramental confession either before or after or or, the. o cc a s i.o n of confession: '...-hether there had been something performed with h!~ less than honest by nods, to~ches or action, etc., by the priest.

2e responds;, ..

At th:s point, the j~dge solicitously will take care that the des:.riptiou is in the same wor-ds which the confessor used, the oDscer:e '..lards, the seductions, the i:witations to meet in some place for an i=oral pl.1l:'pose, and all the other things which constitute the crime of

'solicitation, usi~g the vernacular language for the answers which are to be sedulously and truthfully recorcied++44# and, in so far as possible, idth the same words in which they were offer-ed; he should add the temoerament oE the person exa~ined, if he notices that he seems impeded by too much fear or bashfulness f r ot; telling the truth, assuring him that evervthin" will be kept under a~ inViolable secret, Then he should ask him the ti~e from which the solicitations began, how long they oerdured, how often they were repeated, ir. what words or acts smacking of an immoral purpose they had been e:on,ssed. He ""ill dilige~t avoid askbg about the consent :o~ the person himself being examined with regard to the solicitacicn, and, even oore, he s:,ould advise. him expressly tha~he is noe bound to mii~ifest ·..!hether by chance he gave consent, Likewise, he will avoid any ineerregation which he g~ve evide~ce of a ~esire to k~ow the sins of that person,

i r.c i.c a t i c n s

he!~ give the name,

t h e a f o r e s a i.d ccrif e s sc r

a,.c if 2..£::'''",-2:::ive, c..e family neDe, etc" or at

Asked: ~~e~her- he knows or heard it said t~at s cl a c t c e c Other p e n i t e n t s t owa r d o b s c e n i t f e s ;

shou12 Dame =he~ Le a s t the better

(anti he ;"'ill

by '..:hi::h the ether

soLi c Lt e d

c e r soris

He respof1ded: ...

out

Asked: ~rn.e.ther the af o r e s a id person being e xarai.r.e d , had given t e s t Lmc ny of a love for ius~ice and tru~h, or rather fro~ a30ther motive o~ e~Qi~y

- I'

o f ha t e, e t c . ? r

He resDon'ded: ... -',

or

T":::'tr. all of this take::t care of, there s~ould be rE!ai to the pe::son being exa1;l::'nea e'..-erything that r.as bee,. put do\.lT1. iQ r..r::icin..-;, or, for a iust cause exp-::-essed in the nctes, the. i:'!s':-::-un:e:1.t [t~at is, the clccuce"t U;Jor. ;ihich t:,;: notary has writte:1. the ans-;.;ers] should be. given to hi~ so tr.at: this pe.rson may read it to himself in the presence of the one wnc accepted the exaffiinatioc.; then, eve:-ythi:;g that has been aPDrOVec. ar:.c acceoeed by that person, together with the corrections, additions and e=asures, it the~e are any, he should De invited to sign a~e led to take an oath to observe the secret, and then he sbould be dismissed. All of ense mat'::ers s:u::'_l be described in this words:

The accused, having received and accepted all these matters, was d i.s m.i.s s e d , hav i.ng svo rn to cb s e rv e the secret, once ag a i n tc uc h i ng God's holy gospels (He will swear again O~ the Gospel book) and. in attestation or what he had s t a t a d , r.e signed it (c r , if he cannot weice: \ .. <-;e;] he asserted that he c o u Ld not write (let the ca'..:se be no t e d ) , he ma.d e the sign aE cr,e cross) .

After the person being exa~i~e.e has signee here or has Dade the sign of the croSS [on the. dODuoent], the ~otary will sign, if he is present, l~ this

wa'!: ____.;__

These aces are signed by myself, N.N., Notary (and if he has bee:l authorized only for this ac~ion: authorizee only for this action).

L.X S.

hc vev e r , t~e

Finally,

he who b e e r; administered the ex ata i.na t Lcn '"ill

sign i c.

I:,

notary was not o r e s an t , tn e n the one ,,':Lo

a:c.cepte-::1

che

exa~inatiDn will sign in this wav:

These aces are signed by myself. N.li., [sgecia11y de Le g a t e d for chis act only by' R.P.D" N.N.].

(7he delegate • .... ill then erar:smi::: the a(tio'1. [docurce:-:tation for the 1a·,.;suicl directly to him fro1:1 ',ihom he received his c.elegat:'on toget'r,er wi(:'1. tr.e instruction and the accepted letter, keeping. nothing at all for hi3selfj.

FO;:1~l1.A OF TE ??OFOS.A.L ~O B::: y_t...D:: BY TEE P?C:1,07::R SF Jr;ST::CE.; T~~ COM2LETE r~QUISITION

Eavin_~ m2.C:e a brj_er S·-':'2lIl2.1:~i 2:Jd incui:-y atOll: the r2e.sons of l~c .. i anc.

fact, the conclcsio:1. comes aSout: th:-ough the :Jro;noter ot "Js:i:e, for

exam:le, as followed, hcwever, accor~ing to the circ~os:an=es:

Having c o n s Ld e r e d everything, I r n i nk it tius t be. decided that the priest ., .be warne~ (si~ply or ccrrectly) - or - let the case be constituted in t h e Curia, that: is. the d i.c c e s an Cu r i a , arid Ie::: the c a s e be unde r c ake a accerding to law (ceanw~ile, ho~ever ... and here there are added t~e car.on"cal epport:lJ:1e prcvisio;::s, if t:,ere are seme th2.t seec::: to need to be proposed to the. oromoter).

Or. the

day of t~e Dontn of in the year ....

The signature of the Precote~ of J~stice

FC~0'JLA M

FO~'ill:.A OF TEE DECREE TO CONSTITli'IE A PENAL REHEDY

~Te (r.ame , and so on_ qualitiest etc. ~ of t~le Ordinary 0: the p12c.e)-, having weigr.ed t r;e actions against the p r i e s t , N. N. (cur diocese, abbacy, p r e I.a tc r e , e c c . ) a bo u t whom there is r apo r t ed the c r i.me of s o l Lc i.t a t Lor; , r,;e decree eha: the aforesaid priest, N.N. : be admonished (paternally, g"t2vely, e t c . according to the d:'versity of cases) under t:'1e secret of the Holy Cffice.

If some resol:.Ltion has to be added, and there is added:

A~d acco=di~g to the resolution. the resolution is that ...

These a r e the acts of •.. fthe add r e s s of z he Ordinary of the place) on cr.e ... day of the menth ... 0£ Cr"e year ...

!... X. s.

++48++

Sig~ature 0: the Ordinary of the PLace Signature of the Notary

FOR."ULA N

The ~e:hod For War:1ing About the Crime of Solicitation

Concerning those who have been denounced once or twice concerning the hor"i~le cri~e of solicitation for the ~ost part, having taken t~e oppor:une e f f o r t s , it is decreed that; They shou':'d be ':-larned (SiCPly or conectly) u:1.ce: the sec:::e.t of the Ho':"! Of:ice. The person to ',.;horr::. belongs or is assigned the dLlty of imparting an a drnon i t i.o r, of this t yp e , '..;ill s uzrio n the denounce:i p r i e s t , Ic'ith the p r o p e r c i r curas pe c t i o r, and he is t:J!i:r.press up o n h::':n \,;ich s a r i cu s ' .. lOrds, mo r e or less according to the c Lr cums t an c e s arid the t e nc r of tile decision, but in a paternal and f a t ha r Ly way, avo Ld Ln g lest Ln any way, whet~e: directly or indirectlj, he reveal the ones denou~cing him, i n t ae s e wc r d s : lilt h2.s come to the ears of the Ecclesiastical aut'r:oritv th.:;,~ he, Yilt:-l:i.I'. thE! sacred cribur,al of per.ance, not always BeeDd as was befi:ting pruc:enee and holiness, so Chat not wi~hout merit it muse be feared 12,,: b.e, :.:i::h a ras:, effa::t, attemo::eC: to conver: the sacr"me:'.t itself of :econci':'ii'.cicn into the rui=-: of sot.:ls; It is therefore g:eatly t,o his i;;.[e:-=sl: t~a: he carefully a'void t:lese things in the futtle':!, les: the ere1 E:5i'i5::ic'"-1 al!thc:rity be cor..nel:',=C: to Ercceed t'::l :nor'" seriC''.lE C2~t,,::::;".

Le t there be ob s a rv e d , mo r e cve r , the secret of the Ec Ly Of f i.c e regarding all the matter and with everyone. to the greatest extent.

If the admo n i t Lo ra is done r h r o ugh letter, the ce c ho d o f ad::r.o:cishbg should be done. in this{ .. ay.

ti:r.e, informs h Lm from who::J. he

[The delegate, however, is

to give this ac;::onit:'on, at an opportune

receives his d e Lez a t i on of t l.e r e s u l t s , at

the s arne time trans:::.::'tting to

hi:!. all dc cumen r.s , if he has a ny , and not

keepng arcy:hing fer himself.]

++49-:-+

Trie Fo rti of t r,e Decree fer the Ar r a i gnmen t

and must be varied according to

The formulas proposed here are

not,

as is evident, definitive: they

c ar,

the

different circu::J.s:ances. They

are

proposed therefore as an exa~Dle.

A) TO INDIC: SI~LY

The Feve.rend ... to be indicted in the d.i cc e s ar; Cu r La a bout all the m~tters deduced agai~s: hi~ a~d there should be a casa accor~ing to l~~.

These a r e the Acts [signed at] (the address of the Ordinary 0: t!--i.e Flae e.)

Or. the ..• day of the month of .•. i~ the vear of ....

Signature or the Crdinary of the place Signature of the notary

B) TO nWrCT, EAVING ADD2D CAc,{ONICAL P?"QVISOS

'Ihe Reverend ... is to be Ln d Lc t e d in the d i.c c e s an Curia about all the maC ters b r oug h t up against r.i", and Le t t ae r e be a trial according t o Lav s , He an ... rh i.Le , however (for e xamp Le , . let him r ema Lr; s us p e n de d f z otn the celebration of Mass, 9..E of exercising the s a c r ed ministries ar.d s p i r i t ua L "ffices; he should leave this place ... and go to that place ... whe~e he should remain under special vigilance, etc.).

These a c ts are signed (as above) or: the •.. day of the month c f ... Lr, :he year ...

~ .x. S.

Signature of the Oriinary aE the Place Si2n2t~Le bE the Notarv

+-i-jO+-i-

N.3., accor~ing Co t~e nor::J. o~ ar~icle S2 he is e.o: to b:~d the accuse~ to take a~ oet~ t~ tell t~e t:~~~.

~he notary will begin t~e action:

nOr .. the t T. day of the month of in the year ...

Havi:;g been su=oned, The Reverend N. N. per-sonally appeared before the un~er5igned (let there be ~ritten the name, family name, etc. of that person ~:'lo is doing the Lnd i c t i ng ) [es 2 =:::ia11..;; del ega ted fer this BC tion], who '';2.S:

Inter:rogated 2.bout his name, f2.:nily name, pa::etns, :~omeland, ag,,-, cQ;l.ditiorr, etc.

He 2ns~ered: .. (The Notary will write in the native language, and, in so far as he can, in the S2:ne words which the accused uses, his a:1sw1'.rs.)

Ln t e r r c aa t e.d : Thethe:- he kno",'S or pe:-haps imagined the reason of his having beer, su::m.oneC:?

He £nswered: ... (a~d it will be continued in this way u? until the end, no c Ln g do'..rr. the single questions and his answers to theQ). rr

If the an sva r according to t;,i3 interrogation has been af f f.rtaa t tve , the jGdge will invite the accused to explain everything s e pa r e t e Ly and s Ln c e r e Ly ; o::her .. i s e , he will a dmon i.s a h Lai gravely, Ln order that, having been s t r Lc ke n by h:'.s own c cr.s c Len c e , he ""ould say whe':her perhaps he felt that he was burdened by any c r i.ma , A::1d, if he then should r e s po nd a::iruatively that he, as above, will invite him to confess his 0"'11 fault with appropriate hum l i t y and s i nc e r i cy , expressing the names of those who were delinque:lt with him and the wo=ds or facts at:d other circ'~stances of the matters which constitute the matter and individuality of the impetrated c::imes.

And. because i:: is difficult for h i.n to be able to remember eve ry t h i ng fro:n the beginning, the judge will be able to put aside the space of two or three days, during which the accused person can diligently examine in prayer and tears h i s o',m cc as c i e uc e , giving him the. option of giving his confession in writing as well, which i~ t~e following indictment ++51++the judge will f o r aa l Ly receive, or, if it is g Lve n in writing, he will ac c e pr f r otn his hands the notebook in which it is contained and will give it to t~e notary who will make a note. of the matter, for example, in this way: The accused gave [IGel a notebook [containiw.gJ his confession, as he asseJ:'tea, having

. dOCle i!: 1:1 ",;:-iting, which he began ... (he will note the first words of t he document), ar.d finished with ... (he ;..rill note. the last words), and ""hien I, acce.ptit:g it, sign with the letter A (he marks the page with this or anethe.r letter of the a I.phabe t ) and I have put it into the Acts. " This a:et~od tau s t be observed a Lvay s as often as any d o curae n t of any type received from the. accused has to be i~serted into the Acts.

Af t e r t ha s e , the directing jL:dge will c orap a r e the c c nf e s s Lcn that has been made either verbally or in writing with the denunciatid~s existing in the Acts, a r.d , if r.e shall find Ln it nothing t ha t is omitted or Le f t O'.1t, ha~ing o~itcec t~e affi:rna:ions, he shall p~oceed to the last questions; if, however, he finds anyt~ing in t~ese whic~ the accused either did no~ confess at all or lacked Ln c e g r i t y in his ccr.f e s s i cn , he will o n Ly Qak;~ rr.e'.tion of

it, as will be stated b e Lo c . /

If, hc~ever, the mat:er still re~ains nega~ive against the accusei, tta judge will in:erroga~e him further whether he knows against what delicts thE! s up r e cre t r icun a I is p r oc e ed i ng ; if he does not 1<:1.0',;, he will em:lle:a:e 1:r,2

c r Lme s of t:~is type. (he.resy) s c Li.c a t i.o n tiJ g r av e ma c t e r , t~e. wc:-st: c r Lm e [e,t

pediastryj, the v i o La t Lo n of the s s a L, e t c . ) Then he .,i:'l ask h i.m wh e t a e r he impetrated any of these crimes: if he responds affir-:natively, he will invite hiu: to a spontaneous con f e s s i on , as b e f o r a ; o t he rwd s e , he. w'ill r s a d to him t h e decree by, r,.;hich 2. z.an d a t e h a s been issued that he be ir:dicted. Then he ~ill order h~ to relate the story of his ow~ 1i:e and career; where he was born, where ·~e hac been educated, whether he was promcted to 2.:1y a ca detaf c grades 0: other sigrrs cf ho uo r , ... ·here he. lives, ,,':lat offices ar.d duties he had beer: assigr:ed and other ~aCters of a similar nature. Finally, he will ask of him whether he has any enemies, who they are and r,.;~at is the ca~se of their en~ity.

Having preQised these ge~eral questions, the judge, before he addresses the single denunciations ',;it!', the sumraon e d accused, he will as k r.a.m abou t the particulars of the persons, places, and circumstances of the times brought out in the denunciation and wr.at can demonstrate its probable trut~ or falsity: For examp Le , where the place of t h e confessional is b. the church or the rooms in the home of the priest; whether he receives the penitents before or after confession at heme so that ++52++ he may impart counsel; wh e t he r he put books at their: disposal, e t c . ; T..;hether this took place that he wou l d speak a Lor.g time with a ",'o;narr at home or in the sacristy after confession and this with closed deors, whether it cook place on such and such a day and in suc~ a town or city, etc.

Then the judge lo:il1 state to the a cc us e d -- always ke e p i ng secret the name of t ae one denouncing him -- each de nunc La c Lo n , Eut he ",'il1 not, indeed, do so in a global or ccmb Lrie d manner. He will bring up each ar.d every den~nciation distir:.ctly Ln pacts by reading t he:n to t he accused so that he first presents t h e vho Le denunciation before t h e a cc us e d arid then singly in sections such as has been revealed in each denunciation.

The judg:: will b e g i r; from the less s e r Lo u s ,,;0::25 and. d e e d.s and slowly p r o c e a d to the mo r e s e r Lo us ; nor '..;ill he omt proving also SOIDe saying or deed that is not criminal, if .there is some ching bc rn e out by t h e deno~ncers, so that, once the accused has aG~tted that, if perhaps ther: the accused is tainted, he can be s no: ... "TI Chat the c r Lm.i na I vo r d s or deeds have been so joined that the public authority of thi church cannot consider some of these c-::-i:uinal vo r d s or deeds as true and others as f a I s e . These .... o r d s and deeds ~il1 be brought forth to confirm each of the de~unciacions, and, s hc u Ld there be any, those t h e e a.r ae s t e f f o r t s [dilige:i.tiae), " favorable t c the 0"('.2 cienouncic.g and no': f avc r ab l e to the one b e i.n g d e nounc ed :

"Lnf o rma t Lcn" that is not f avo r ab La to him should not be t h rcwr; up ag a i n s c n i m . ! Ln f c rtna t Lo n ", which is not held to be favorable to him.

By reason of a s s o c i.a t Lo r; [co;:ne:.:::o] or c o n t e n t [cQntin"".t.ia], the judge vf l I also bring up to the ac c us ed the c r Lne s not pe r t a i.n i ng to the Holy Office, for w'hich t:,e accused has b e en denounced and for ',.;hieh he has not yet gone in::o j udgmen c ,

Sicultaneous!y, the. ccunter argu=ents upon which the aecuse~ ?ethaps has

r e Li e d , .... rl.e t he r [ b as e d l upon s ub t e r f u g e s , ev a s t.on s a:-:c me an i ng Le s s

responses. must be proved.

The decla=ations 0: all t he d e nunc f a t f.on s h av i.r.g 't::ee:! c o c pl e c e d , i: t:-lere are ir.deee more de nurc i.e t Lcn s ar.d t he a c cu s e d r e na i n s n eg a t Lve , t~e

judge should not omit to declare to the same accused that, not in conformity with his de~ials there stand more denunciations in nu~~er, disti~ct in time a~d reported by different persens, who, from reliable testrncny, are of good name, in every ·.,ray worthy of c r e de nc e L; they are incapable 0: c a Lumn.i a t Lrig or of co mm.i.t t Lng p e r j ury; they a r e indeed unknovn to e a c n o t ne r , and h e n c e conspiracy is impossible. Nor has e nrai t y or any o t he r human pa t ho Lo g i c a l state been adduced as the reese:'. to accuse [this p r i e s t ] . It is only in order to satisfy the ineluctable obligation that they have taken the counsel of their O~"D. conscience.

++53++

These things having been b r c ugh t up, the judge ",'ill Ln t e r r c ga t e t he accused as to what he hi~self feels abouc the sixth precept of the decalogue a~d the sacrament of penance; whether he thinks it is licit for the ccn f e s s o r to act in such a way with penitents I so that, fro;::: certain d o c ume n t s (or, if he has confessed, frem his O""D. confession) it was prover: that he ~ad timself acted [in this way}, whether he perhaps thinks that all [his a c t i.o as were] in no way sinful; whether he ,las familiar with the Apo s t o Lf,c Conscicu:ion of s v m , Benedict XIV, which begins: liThe s ac r amen t of penance", and with the penalties which this Constitution and che holy canons t h r e a t e r; against the conf e s so r s in the sacred ministry wha have abused their sacred ~inistry to the ruin of souls; and finally ",hethe::: he cae offer a~ythin~ to exonerate hiillself.

After r m s , the judge will ask him whether he should continue this process hera and now as being ::"egiti;;;late or on the other hand does the accused have an exception to make against it; whether he would be c c n t e n t to be a s s Ls t e d by a d e f an de r ex officio [from the tribunal} or vhe che r he would wis~ to naoe his ow"D. defender for himself and. if he i~sists on so~e exception, whet:-,er :-te .. ran t s perhaps to have the s xa nd na t Lo n of the de:lunciators repeated.

If he gives an affirmaCive answer to this last question, or, if in some ·,...·ay he has scme. [fact] to o f f e r in his ovn defence because of vh Lc h the witnesses must be heard (as, moreover, if a serious and sometimes unexpected difficulty ccme s up ) , the ar r a i.gnnen t should be s u s p e n d e d . It s ao u Ld be reconve:1ec.a£ter the denouncing persons have been examined once more or: the '.ritnesses have be e n h e a r d , Er ori these persons the judge ,.;ij_l elicit new d e pc s Lt Lon s , and, r.aving f o rma Ll.y made. the [second] i nqu Ls Lc to n , f o rm e r l y begins anew the arraignment.

The a t t e s t a t i.o n s of the d enunc i a t Lons having been taker. care of, tt.e text of t~e cenunciations m~st be given to the promoter of j~~cice, who will s c ru t Ln t z e it ar,d cec12.re. whe.the:: heha.s any nc t e s to mat:e ab o u r i: c r whether there are ne~ sta:enents or new steps that ought to be takec.

The a r r a i.gnnenc ',.;ill n o t be concluded by the judge, unless t:".ere has firsc bee~ an express conse~t by the pro2ote:: of justice.

At the e~d of each session there shall be read to the accused everything that ba s 'Jeer. p r e s en t e d 2.:1d in vr i t t e r; f o r z is read to the ac cu s e d b y the :-.otary, a n d ) c nc e t he accused :-:as ap p rove d ar.d accepted t h e s e s t a t e r.e n t s , together ~~th any cJrrec:~cnsJ a~di::iocs and erasures, ~£ the:::e are any, he '~'ill be i:l',iicec co \o.'rice hi s signature; and, hav i ng bee::. g r av e l y ·,.jac-nee

.;toout keeping the secret, the a c c us e.d W'ill be dismissed. The notary will describe all of this in these words: "After having received ar.d accepted all of th-!s, t:-,e accused, be rare being dis:::issed, was "'"arned about keepi:"g the secret: and before he ~s to leave, he. was to sign i:1 cor.firmati:Jr. 0: wha:: had been stated."

++5t..++

After the accused respondent has signed, the notary will s i gr, ie: this ,:,;ay: "these Acts are signed by myself, N.N., notary (and It n e has been authorized solely f o r t:1.'::'5 act: authorized only for this a.c t )'", Then the indicting judge wi~l sign.

Since, how eve r , there is a need for not only orie s i.ng l e arraignment session to bring the many matters to t h e i r successful c omp Le t i.c n , but for many sessicns, each one of these sessions s~ould be opened and closed i~ the same way. At each session, at the bottom of every page, there shou~d be the signatures of the accused, the notary and the judge, and, at the end of each session the judge '..;rill cite the accused, indicating the da t a fo r t h e following sassion wh I c h the nc t a ry ',;:ill note in this way: "Having bee:J. informed of and having acce'Jtec a11 of these matters, the accused has now be2n c.i~~d for t~e ~. 4 day of the month of .. " to apoear again~ and he ~'_as dismissed after having been admonished, etc." as abov e , Howev e r , Ln the following session, the first question ,,'ill be: T,,'hether t:) those thin=:s which Were treated in the preceding sessons the accused has anything to ade! , remove or correct on his ow'!".", and, after his an swe r has o e e n t r an s c r i.be d , the s e s s Lo ns will then be c on t Lnu e d , f r ora that point at which the previous interrogation ended.

N.B. -- It wo~:d be suoerfluous to note that the judge, before he co~es to t:ce indictment, 1r.l.lst acc'..lrace'y subiact the ', .. hole info!."1Il.ative precess to his exa:ni::la t ion, --0 bviol.ls 1y all the denu:lc ia tions bo th in:or~al and. Eonal and also of th~ :naterial nat pertaining ta the Holy Office; his exa~inatic:ls about the 1r.orals and the veracity of the ones denouncing. and t~e investigations and infor~ation about the life, morals and good name of t~e or,a de:1ounced, ph:s love letter-s perha'Js written-by him, etc.-- so that C:l.e same )ucge has at hand all the elements with which to weaken the denials o~ the accused', a['.a wit:l. '..;hieh to rebut his arbitrary affir:natbns. Foo t:h.e partial concessions of the accused he can force him to admit ~ore matte~s.

++-55++

The Foroala for a Pe:ition by th2 PrQ~ote~ of Justice

A) IN EE CAS~ OF PR.020SEG A-::i ADJOURNMENT

Once there is :Jre::r.ise: a brier sutrur.ary ar.d inquiry 2.CCtlC th" rec.$J:J5 ct law ar"cl fact. tt:ere is this cor..clusionJ; for.- exam:lle

F.avir.g taken e'lecy:::-,ing Lr.r o c o n s Ld e r a c i o nj I think ie: s h cu Ld :;Je d s c Ld e d that t a a ?,everer.d. be d i srai s s e d I.·icn a g r av e adnc r i t i o n , tr,e ~rocess remaining in force. And. for the sa~e reason acd pur?ose. The ?u:pose ~s (fer e x a r.p Le ) t ha t he b e va t c h e d most d i Li.g e n t Ly : t ha t he be kept r r cm any faciliarity with wc~e~, 2:50 us~ng ,,::;cl!siastical ceesures, a~C. i~ anj:~ing

obscene. (o r , observed in i=eiiate:'y.

if anything not i~ keeping with the sace!"dota~ state, etc.) is his life-style, then he will be brought to the tribunal

On the ... day of the month of ... in the yea!" ..•

Signature of the PreDoter o~ Justice

3) I:1 THE CASE OF PROPOSING A CO:lD[l>f}.LUION

~~at has been pre~~sed above, etc .

... 1 thi~k that it should be decreed that, having imposed congruent (or grave) and salutary penances, a~ong which there would be spiritual exercises for ... days to be dor.e in a religious house, during which he ""ill remain suspended from the celebration of the Mass, the Reverend ... should be dismissed with (here there should be expressed according to the crescription of Canon 2368 § 1 and also the supplementary sanctions whi;;::h seem to need to be inflictec). If he has by chance absolved his accomplice, he sho~ld heal his conscience by a reco~rse to the Sacred Penitentiary.

On the ... day of the month of •.. in the year ...

Signature of the Promoter of Justice

C) IN THE CASE O~ P~QPOS1NG }3S0LUTION

... 1 t h i rik it shou.l d be decreed: that the innccer:.ce of t:,e charged p e r s o n is evident fron the Acts; and therefore the Reverer:.d ... should be dis~issec oace he has been absolved.

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F02..'1t""LA R

Tta Manner of Rendering a Conde~,atory Sentence in Cases ~tere the Accused Remains Negative

We (There should be noted the name, fa~ily name, qualities, etc., o~ the Judge-Ordinary or the one delegated).

Since ... (the na:ne, family name, father's name, age, condition, et;;::. of the ac;;::used, ar:.d, if he is a religious, there should alse be added the n~~e he used in t~"_"ot'lC!) ",'~s net af r a i d to abuse t he s ac r amer.t of p ec.an c e by words and acts c.o::cercing which there is treatment in ~he Pontifical Cor:s::itutiJn.s and e s p e c La Ll y Ln the Co n s t i t.u t Lcn o f Be:l.e::Hc:: XIV, '..ihid-. first words are Sacra~entum Poeniter:tiae, by saying and doing these things ... (he~e., s umna r i Ly , and i:;. prudent and discrete vo r d s , t~ere should bet old :"10 r,,;, ho W 0 f t e n , etc. the a c c. t! sed co JWI itt edt 1'. e fa u 1 t) ;

An d , s Ln c e , because of all these ma t t e r s he has been cieno!.lnced to O'.H· tri~unal, he has bee~ duly cited on this day (let there be noted the day aGe mo n t h of citation), wieh a p r c p e r process having been c or.s c i.t ut e i agai:-.sc h i.o , he bas noo;.· Qeen i:-.dic':eci or. t h e s e days (state on W'~ich days); r.owe\'et", he remains negative. Nevertheless he has been convi;;::ted of the matter.

Therefore, although he. has affirmed that he feels thar: he has acted ',correctly concerning the faith and Catholic doctrine (having sut:?osed, evidently that the matter ... zas truly so), and the. defender for the c o c r t action ... ·a5 not r ecii.s s ; in his du cy of p r ono c i.ng and s u s t a i n.i.r.g the proper defenses for the accL:s,fd;

Nevertheless, having carrrectly and seriously weighed everything. we the Judge-Ordinary or his delegate, on this day (let there be noted the day cn which the sentence is given), from the acts and proofs, believe and are convinced that the sentence which follows ought to be rendered.

Therefore, having invoked the na~e of God, and that of tne ~ost blesed and ever virgin Mary the Mother of God and of our Lord Jesus Christ, ""e issue this our definitive sentence whic~ we, seated for the tribu~al, issue, with these pa.ges, in t ae cause which has been brought before us be twe e n D •.••• (name , family name , e t c , of the Pz cmc t e r of Justice) tl".e promo t e r ++57++ of justice at this tribunal and ••. (name , family name, etc. of the accused, as above), we say, decree and declare and hold that .... (the name, family name, etc. of the accused is repeated), beca.use of those matters of which he has been convicted. has been judged guilty of t~.e c r tme of solicitation toward obscene ma t t e r s (and of false dogma) and therefore has merited tr.e censures and penalties wnz.c a have b e e n stated, Le g i.s La c e d ana promulgated against: such delin~uents.

Lest, therefore, the above men c f o ne d errors and faults remain

unpu~ished, and in order that the accused will hasten to live in the future tno z e cautiously and be an example to others. we will therefore. condemn hi~ ... (there should be added the dispositve part of the decision.)

Like"N"ise we impose upon him these salutary p en anc e s ... (and let :.t: be said what pen.ances are imposed) .

And thus we say, discern, d e c La r e ana order and d e f i.r.Lt Lve Iy b e l Lev e arid we do ic.ter:d and wish to order its execution, as we order ccnc e r n i ng the fact Ln t:-tis -;.;ay and ·,.lith that form wr,ich by Law we can and :::us:: (decree.] , at the same time mandating for this purfose with the present let~er ctat the ac:used on this date ...• will be cited to hear the reading and CQnveya~ce of this our decision.

Thus we p r cno uac e (and be. act should be c Lo s ed wit~ an Ln d i c a t i o n of the place and day in which it is to be pablished).

L.X S.

Sigr:ature of the Judge the Ordinary or c: his delegate Signature oE the notary

++58++

}f2.r:ner DE Delivering 2. Concie:r.natory Se n t e n c e in Cases \·f"e.re the Ac cus e d has Confessed His Cr i.me s

, "

We (Let there be noted the name, fac.:'ly r.a;r;e, qualities, etc., of t~e j~dge-Ordir.ary or his delegate).

Sir.ce ... (name, family name, fatherls name, age, couditior'., etc. of the accused, and, if he is a religious, let there be added also the name bv ',.hi.ch he is k:lown in the world) was not afraid fo abuse the. sa c r amen t of penance by words and actions concerning which treatcent was given i~ Pontifical Constitutions and especially in the Constitution of Benedict XIV, whose opening words are SACRAMENTUM. POE~ITENTLA..E, saying and do Lag these t~ings ... (here in a summary fas~ion and with prudent and discrete words, it should be indicated ho~. how often, etc. the accused has been at fault).

S'i.n c e , because he has been d enounc ed for all these ma t t e r s to our tribunal, and a. r e gul ar 'process has' been _ set. up at. this tribunal a g a i as t hi:;). and he was duly cit.ed on this date (here should be noted the day, a~d the mcn t h of the citation), he was arraigned on these. days (let it be said on ",'hat days); he c ouf e s s e d this and this (here should be sumnar i z e d 11:'s ccnf es s ion) .

Although, therefore, he has affirmed that he felt that he was correct in matters of faith an::' Catholic doctrine (2nd vith the sup:,Josition, 8vicie"tly, that this is truly the case), and his defending advocate, in keeping with his duty, was not remiss in his promotion and sustaini~g the due defences.

Nevertheless, having weighed everything correctly and serio~sly, we the jucge-Or::'inary or his delegate. on this day (let there be noted t~e day on which the sentence is given) from the acts and proofs think and retain that t~e sentence which follows ought to be rendered.

Therefore, having invoked the name of God. and that of t~e Gost blessed and ever virgin Mary, the Mother of God and of our Lord. Jesus Ch r i.s t , with t h i s deii,.itive s an t enc e vh i.ch we publish seated here for the tribunal on this p ub Li.c record io the case which vas processed in our presence ':Jetween D .... (n ame , family name. etc. of the Pronoter of Justi:.:e) the Promoter of Justice +-:-59++ in this tribunal and .... (nane, f am i.Ly nam e , etc. of the accused, as above), we say, d e c Ld e , declare and believe that (riama , family name, etc. of the accused is repeated), because of those things which he ha s confessed, has been judged guilty of the crime of s o Li.c f.t a t Lo n to obsce~e matters (and of false dogma), and, moreover, thaC he has merited the c errsur e s and penalties which have b e e n put forth, stated and p r otcu l.ga t e d against such delinquerrts by the holy canons.

Lest the aforesaid e r r o r s and faults remain withou,:: pe n a l cy , a:11 in order that the accuse~ should hasterr to live more cautiously in the futUre, arid be an example to 0 che r s , we c on d e mn him Ln this vay ' .. (here t h e r e stcu:d be added the dispositve part of the sentence).

Liek;..ise for salutary pena .. ces, we impose... (here. az e i~'_':!i.catec the. pe~ances which are imposed).

Ee c ac s e , hvc av e r , t h e accus e d has s p o n t ane o us Ly c o n f e s s ed tie a f o r e s a Ld e r ro r s a n d f au l.t s ar.d he h1..:.IT.Jly a s ke d f o r g i.v e n e s s [Dc t aem , '~'e ",i5[-" zc r e o v e r , to ab so Lve him from any e x cotmun i c a t i.on he per;ups incur:red, as long as [-,e :i::st g i ve n evidence t ha t , T",'ith a s i.nc e r e be.ar: ani :aith t ha ;

are real he first abjures those errors and detests h i.s faults; t .... us we :J_~dain by this our sentence that he act in accordance with the manre r and fo~ stated by us.

An d thus we say, dlcree, d ec La r e , order and definitively believe and intend and ~ish to cC02ana to execution, as concerning the iact, we. otde:- in a better .... ay and according to that f o rm vh.i ch r,.;e can arid oust usa by 1 a;.; , at the same ti:r..e o r d a t n i ng -with the present letter that the accused on this cay ... will be cited to hear the reading and being Ln f o rtae d of this our ser.tence.

Thus 'We p r cno unc e (and the act should be closed • .. ,ith an indication of the place and day 0:1 which it was made k~ow~).

L. X S.

Si~nature of the Judge-Ordinary or his Delegate Signature of the Notary

++60~

Manner of Declaring Solemnly about the Promulgation and Inti~ation of the Sentenc~ in the Cas~s of Solicitation

T~e notary should begi~ the act with these words:

By forca of the decree of this date (let the day be noted on which the se:ltence was give!',) given by •.• (naras , family name, etc. of the ju<i_g!2_. in the presence of the same person at (the location ought to be noted), ..... ith the notary present, N.H. appeared personally (name, family nane, fatherts na:le, ase, condition,etc. of the accused, and, he was a religious, ther-a should also be added the name which he used in the 'World), to whom by the aforesaid jud g e seated for the t r i.buna I there ... re r e read the follow-ir-.g matters;

Here the doc~oent is read completelY word Eor word by which the sentence has bee:l given.

Then there is addee:

On the ... day of the month of ... in the year ... with these writings there has been prooulgated ehe af o r e s a i.d sentence through the above. mentioned person (rrame , etc. of the jduge) seated for the t r i bun a I (let there be said in ~het place), and by his reading in a hig~ and intelligible ~oice, to the present p e r s o n (the name, e.tc. of the a c c us e d ) listening to him and not con c r a.d i c t i ng ; (if he had confessed, r:r.e::e should be added: being ',;illir:g, g e nuf Lac ting before the jduge, touching the holy Gospels of Goe placed before him, he abjured the afQresa~d errors (and heresies and genera~!y all the other e r ro r s and heresies contrary to the Holy, Catholic and Apcs co l.Lc 9.orr..ar. cr.urcr.], as in the s c hedu l.e of his ab j ur a t f o n , by wh Lc h he undertook :l:'S ab j u r a t i on , still kneeling, was absolved in the cu s t crna r y form 0: the :h~rch fro~ the sentence of exco~~unication and was reconci:ed to t~e tloly 10ther the Church, having undertaken prayers an~ GSJal and cLsto~a:::-y ce r eccn i e s ) arid there hav i.n g Jee;1 el'.jo:'r:e::l up o n hi:r. salutary p e na nc a s

contained in said sentence. Having received all these things, he was dismissed, sworn to observe the secrecy at the touch of the ++61++holy Gospels and previcusly, in confirm~tion of what was presented before, of his and my signat~re.

SigTIature oE the Acc~sed

These Acts have be en signed by myself, N.N. the notary (and if he has been aut~arized only for this act: authorized only for this Act).

Finally, the judgE! signs.

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