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    7 views39 pages

    A Confidential Instruction On The Manner of Proceeding (1962) PDF

    Uploaded by

    Ryan Ɓoŋŋęr

    Copyright:

    © All Rights Reserved
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    of 39
    TON OF THE HOLY OFFICE 5 UPREME Axe DIOCESAN GRDINARLES "EVEN LOB ALL PATRIARCHS, ARCHBISHOPS, BISWOPS ND OTHE: OF THE ORIENTAL RETE” f iystauettoy CONFIDINTIAL OW THE MeNNER OF PROGEEDING IN CASES OF SOLICITATION The Vatican Press, 1962 oo INSTRUCTION On the manner cf proceeding in cases of che erine of sclicitacion cly stored in the seccet archives of the Curia hed nor added co with xt is] to be diliz as strictly confidential. Nor is ir to ba pubt cenmencarias. PRELIEIN: TES 1. Tse crime of solicitation takes place when a priest tenpes # tent, Whoever that person is, either in the act of secrenenca! » whether before or immediately afterverds, whether on cecasion or che pretext of confession, whether even outside che cimes for confession in the confessional er (in @ place] other chan that [usually? designated for the hearing of confessioas or [in a placa] chosen for eh siculated purpose of hearing a confession. [The object of this texptation} is to solicit or provoke (the penitent] toward impure and obscene aateer whether by words or signs er nods of the head, whether by couch or © criciag whether chan or after [che note hag been read] or whether he k with [thse penttenc] prohibited and improper speech or activity reckless daring (Constirution Saerun Poenitentiae, § 1). 2. [The right or duty of addressing) this unspeakable crime in che ft: instance partains ta the Ordinaries of the place in whose tecricory the accused has residence (¥, below, neobers 30 and 31), and chis not to mente chrougn proper law but also from a special delegation of che Apostolic See: it_is enjoined upon these aforenegtioned persons to the fullesc _excene jossitie, {in addition to their being) gravely encumbered by cnalr oon cousclences, that, efter the occurrence of casas of this type, that they, a= son 45 possible, take care to introduce, discuss and tersinate [eh gases] With their proper tribunal. Kovever, because of particular end Serious reasons, according ta the norm of Canon 247, § 2, these cases can be dicectly deferred to the Holy Congregation of the Holy 0: ordered. Yee [the right of] the accused respondents +++ remains incact io any instance of judgnent co have reccurse co the Holy Of£ice. Mowaver, oursa thus interposed does not suspend, excluding the cese 9 exercise of the jurisdiction ef che Judge who has alzeady begua co cep: the case; and ha can checefore be able co pursua the sudgmenc up te uniess it has been established chat che ape: » Ganon 1363). an appeal, 3. By the same of Ordinaries of the place are understood to be, each for his om territory, the residential bishop, abbot or prelste pullius, toe administrator, any vicar or Prefect Apostolic, (and, in the absence of aforementioned (dignitaries), those who succeed then in power in meanvhile by the prescription of law or Frou approved constitutions (Cas 198, § 1}; [This norm does not apply], hovever, Co the vicar general, except Fron his [having beea] specially delegated. 4. The Ordinazy of the place in these cases is the judge even for regulars [religious], even chough exenpc. It is indeed striccly prohtbiced for their superiors to interposs chesselves in cases pertaining to the Holy Getica (Canon SUL, 1 2), However, having safeguarded the right of the Ordinary, there is Hothing to prevant superiors themselves, if by chence they have discovered (ons of their] subjects delinquent in the adnintstration of the saeranent of Peneace, from being able and having the obligation of bing dilfgently warchful over those same persons, and, even having aduinietered salutary penances, co admonish and correct, and. if 1 eace denands it, to tenove hin from sona aiaistry. They will also be able co gransfer hic to another [sssignaent], unless the Ordinazy of the place hes foxbiddan it because he has already accepced the denunciation and has begun the inguisition. 5. The Ordinary of che place can either supervise these cases hinsel? or coumit their acceptance to an ecclesiastic who Le serious and of a mature age. But (chey way not [eomit suck cases] oa an habitual basis ot for the ancire group of these cases, buc aust delegate as often as needed (cot guoties) for cases taken singly and through writing, saving the prescripiis OF Canon 1623, $1 6. Although, as a rule, a single judge, by reason of its secrecy, is prescribed for cases of this type, it is cot forbidden, however, for che Ordinary in the wore difficult cases to agprove one ot tvo escesscrs ant counsellors, selected from the synedal judges (Cagon 1575); or even to threes iuéges, Likewise chosen from the synodal judges, co hand over che cese co the judges to be handled wich the aandate of proceeding collegially sccording to che norm of Cagon 1577 7, The promoter of justice, che defender of the accused and che notary, priests who are fictingly serious, of uature age, of integrity, doctors in canon +74tlaw or otherwise skilled [in canon law] and worchy because thete zeal for justice (Canon 1389), and not Found co be at any disedvancage coward the accused, which Canon 1613 treats, are to be nominated in writing by the acy, The promoter of justice, however (whe can be different fron the promoter of justice of the Curia) [can be appointed} for the encice series of cases. The dafander of the accused, however, end the notary ove to be appointed each time for each case (cocies quoties). Nor is che accused prohibited from prozosing a defender seen ae Favorable to hic (Canon 1653), who, however, is to be # priest and approved by the Ordinary. 8. Sometimes (this refers co bis own Location), the datecvention [of the promoter of justice] is requiced, and, in the case where he hes not beeq cited, untess dy ce aven if not ciced is still present [at the cess], the Acts cust be considered [tacally] invalid. gut, if, how he tag been legitinately efcad and is act present at cone [paces of che] Acts, che Aces indeed are valid, but aftervards [those Acts! will be totally Sobject to Bis exantnacion so that te ls able to coment upon all of then Eicher nm vords or in uricing and to propose what he tas judged co be or opportung? (Ganon 1587). 9. tt is fitting.chac the notary, on the other hand, be present ac all che Acts under pain of nullity and to note don with his own hand cr ar least £0 affix bis signature [to the sforesa!é acts] (Canon 1585. § 1). Becausa of che special character of these procedures, however, iz a5 necessary for the Ordinary to dispense from the presence of tke notary, though becsuse of s reasonable excuse in che acceptance, a will be noted in irs om place, of the denunciacions and also ta the expendicure of the degrees of etcention or care expected of a notary in a situation, a3 they say, in pursuing end in examining the witnesses te [inco ‘tke case]. 10, Mincr helpers are to be used for nothing unless it is absolucely essary; end these are to be chosen, in so fat as possible, from the priestly order; alveys, however, they ara co be of proved faithfulness and acura without ¢: But it must be noted that, if, when necessicy demands ir, they soninated to accept certain accs, even if thay aze non-subjects living in another territory or the Ordinary of th [can] be interrogated (Can. 1570, § 2), observing, of curse, caucicns treated as above and in Canon 1613. Li. Because, however, what is created in these cases bas to have a greater degree of caze and observance so that these same caters be pursued in a gost secretive way, and, after they have been defined and given over to execution, they are to be cestrained by a perpetual silence (Inscructlon of y Office, February 20, 1867, n, 14), each and everyone parcsining to a any way or aduitted to knowledge of the matters because of Cheir office, is to observe the serictest ++7-+ secret, which is conon!y regarded as 2 seczer of the Holy Office, in all sateers and with 211 persons, under the peneley of excomsunicetion latae sententiae, iso facto sad without any declaration [of such a penalty] having bean incuered and Feserved to the sole person of che Suprene Pontiff, even to the exclusion the Sacred “Penitentiary, aro bound to observe [this secrecy] inviolably. Indeed by this lav the Ordinaries are bound ipso jure or by the force of thetx own proper duty, The other helpers from the power of thelr oath vhich they they must always take before they undertake their duties. Aad these, then, are delegaced, are interpolaced, end are informed in theit absence by. means of che precept in the letters of delegation, incerpellation, (or of] infordation, iaposing upon thea with express mention of the ‘cectet of the Holy Office and of the aforenentioned censure 12, The aforesaid oath, che formula for which is co be found in the appendix of thts instruction (Fors A), must be used (by chose, obviously, who will use if Babtcually, once for all; by those, however, who are depuced only for some dececcined pieca of business er case, as 0 (roties quoties), in the prasence of the ordinary or his é the Gospels of God (also by priests) and not ocharwise and with the added promise of fulfiling faichfullly che:r duty, co which, ho the excommunication, aentfoned above, is not extended. Thece be an avoidance, nocesver, by those whe are set over those Involved in this cases, lest anyone be admitted to a knowledge of the matters from helpers, unless in some vay a party or an office to be performed ty chat parson necessarily pequires a knowledge of these aacters 13. The each of Keeping che secret must be given in these cases alse by che accusers or those derouncing [the priest] and the witnesses. To acne of chese, however, is there subjection to a censure, unless by chance tovard these sane pesons some censure hes been expressly threacaned upon the person himself, for his accusation, his deposition or of his vielatfon (Excussioxis?) [of suck] by ect, The accused, however, should be nose seriously warned that even he, with all [the others], especially when he observes the sacrec with his defender, ig under the penalty ef suspension a divinis in case of « transgression to be incurred ipso Facto. 1g, Finally, as for the publishing, che language, the confirmation, che custody of and the accidental nullicy, in every vay [these catters] must be observed which are prescribed by Ganone 1542-43, 379-80-82 and 1680 respectively. Hee TITLE NUMBER ONE FIRST kN LEDGE OF THE CRIME 1S. Since the cxtme of solicitation cakes place in rather rare Gecisions, lest ic renain occult: ond unpunished end alvays with inescimable detrineat to sculs, it was necessary for the ona person, as for eany Fersats, conscious of chat [act of solieieacion], namely, the solicited Penitenc, to be coupeiled co reveal ic through a denunedation inposed ay positive lav. Therefore: Lb."According to the Apostolic Conseieuetons and especially of the Conscitution of Benedicc RIV Secranentum Poenitentiae of June 1, 191, the penitent cusc denounce tho accused priest of the delict of solicitation in confession within a month te the Ordinary of the place or to the Holy Congregacion of the Holy Offices, and the confessor must, burdened seriously in conscience, to wara the penitent of this duty." (Canon 904) 17. Moreover, according to che mind of Canon 1935 anyone of che faichful can alvays denunouce the delict of solicitation, of which he wil! have had a cercain knoviedge; also, the obligation of denunciation urges as often as the person is bound to ic fron the natural lav itself because of the danger to faith oc religion or other imufnene public evil. 18."The faichful, however, who knowingly have disregarded che obligacion co denounce the person by whom he was solicited, egeinst the prescription (related above) of Canca $04, within 2 month, Falls into an excommunication reserved latae sententise, not co be absolved unless after he hes satisfied the obligation or has promised seriously that he would so” (Cen. 2368, § 2). 19, The duty of denunctacion is a personal one and 4s to be fulfilled y by the persca hinseif who has bees solicited. Sut if he is 4 by the mas either by letcer or by enother person favorable to him should approach the ordinsry or the Holy Congregation of the Holy Office or the Sacred Penicentia revealing all the circumstances (Instruction of the Holy Office, 20, 1967, 0. 7). : t s+LoHe 20. Anonymous deruncistions generally must be rejected. However, they can have supportive force oz give the occasion for further investigations, iE the particular circumstances of tha matters involved render an eccusacion probable (Cfr. Gan. 1942, § 2). 21, Tae obligation of denuncistion on the part of che solicited penitence does not cease because ef a spontaneous confession by the soliciting confessor done by chance, nor because of his being transferred, pz: condemned, or presuaably reformed and other reasons of the s ceases, however, at his dears 22, Sometimes t¢ happens that the confessor or another ec puted to receive some denunciation, eegacher wich an inscruecio: concerning the acts to be assuned for a judiciat reason. Then chat person is co be expressly warned chat he should cell evacything to the Ordinary ov to che person whom he deputed, keeping no example or trace of it to hiusel 23. In receiving the denunciations, this order is to be cbserved: First, an oath to tell che truth while touching the Foly Gospels is to be given eo the person raking the denunciation; he should be interrogated according to the formule (formula £), cizcunspectly, 29 thet he narrates sack and every circumscance briefly, indeed, ané decently, hue clearly ead distinctly, pertafning to the solicitations he has suffered. Tn no way, however is it to be extracted from hin vhecher ke had consanced co the solication. Rather, he should be expressly advised that he is not bound to manifest his consent which he perhaps gave. The vessonses [ia uninterrupted Esshion], not only as to vhar pertains to che substance but even to the words themselves of the testineay (Cenon 1/78) should be consigned ¢o writing. The entire instrument [of the cestlacny] suculd be read in a clear and distinct voice to the one denouncing [che priest], fving [the one denouncing the priest] the option of edding, suppreesing, correcting, or varying (his testimony]. His signature is then to be exacted (Exon hin), or, if he does not know how te write, or cannot, the sign of the cross. And wich him stali being present, there should be added che signatu: of the persca receiving the testimony, and if he is present (Cfr. a. 3), of the notary. And before he is dismissed, chere should be presented to hin, 2s above, an oath of observing the secret, threatening hin, {f chere is a need, with an excommuncdat{on reserved to tha Ordinary or ca che Holy See Ce: 13). 24. Even if, sonatines, for grave obstruceing reasons alsays co be expressed in che acts, this ordinary practice cennot be observed, it is pecuitted chat one or che other form fron the presctibed forse,” gevic, however the substance, +tiittbe omitced. Thus, if the oath cannot se tal upon the holy Gospels, it can be givan with soma notion end also wish wo only, Tf the instrument of denunciacion cannot be put into weicing in unincerrusced fashion, ir can ba written datm at a more spporcune cine and place by the interviewer (the fation) and then confirned snd signed by the person who is denuneiatiag in the presence of the one ceceiving the denunciation; if the inscrumenc feself cannot be read rr, it can be given to him co read. to the denunovs 25. In nore diffiucle cases, however, i¢ is also peraitted for the denunciation (the previous perafssion of che danonctacar Raving been given, dest che sacrauental sea: seeuingly be violated. and on @ day convenient to each party and in the confessional itself, it is to be read or given to read, and is confirsed with an oath and sith one's proper signature or the sign of the cross (untass to do this is in every way imposetble). Concerning all of chese things, as has been said in the number above, an express cention muse always Se asde in the Acts. 26. Szill, Sf aq entirely serious case also thar is alse clearly extraordinary urges, then the deauncietien can else be done through 2 writtea account by the one denouncing, as long as, however, it ig before the Ordinary of the place or his delegsce and notary, if he is present (cfr. a. o is confirmed by an-oath and signed. The same avst be said concerning an informal denunciation, through a latter, for example, or given orally in an extrejudicial manner. 27. Any dequnciation once accepted, the Ordinary is bound sost gravely co coumunicate this 's nane, bouelatd, age, condition and sddraes of the persoa sumonedj aad, if he is religious, 2iso the nama by whicn this parson is kcows in the veld), ha Seon brought to take an cath to tell the crurh, whieh he does touching God els (which he must couch with his hand), wast Asked: Whether he knows or imagines the reasoa for his being called for the present exasinacion? He_responded: ,..(Let there be weitcen his response in chat 1 ich the suszoned person uses), Asked:...For hoy many years have you been approaching pensnee? He_responde: Whether ke always went to receive the sacran: and same confessor H43H or wher her he always wane to receive the sa sane church? of penan: fron many priests: moreover, cent of pensace is che one and each of the pi and opportune ins person being examined, and kept hin from evil. Ee responded... Tg the response wes af€immative, that is, if he says that he bad always been directed well, then he vill be interrogated in the following manier: Whether he knoxs or remeabers if at any tine it was said or Ea certain confessor kad net acted in such a holy and mancer tovard peniteats, so that murmurs er even contemptible words the confessor fad been proferced: far exangle, had the person exanined heard similar things from one or from rany peniteacs, and over the st year er over four of chree monzis? He responded: Asked etion and coamentacy che person befaz examined continues to deay, Tee che action be concluded with the usual formula, watch gosears at the botton Of this instrucrion, co_be souethice agains: any confessor, 1 But chere_had_appeara accordiag co those things concerning wales he is being asked, then he ba interrogated further a2 follows: Asked: That he tell che name, family nane, office, and age ef the essor, and the placa or seat ef his confession; or whether he wes @ 2 religious prfasc, ere. Ha_recponde: That he tell, in order, siacerely and clearly, using, however, and constricted words, all of these chings less chen honorable which he had heard in che sacramental confession either before or afcer or ssion: whether there had been something performed by nods, touches or action, ete., by che priest. on the gecasian of cot with aim less than hones! s_potne, she judge solicizously vill take care that the descrip’ i: in the seue words which che confessor weed, the obscene words, the seductions, the invitations co weet in sone place for an inmoral purpose, and sil, the other things hich coneritute the ering of solicitation, using the vernacular language for the answers Which are tobe Sedulously and trutifully recordedriGr+ and, in 30 far ag possible, with the sans words in vhich they vere offaccd; he should add the cenpersnent, the person exasined, if he aotices chet he seeus fapeded by too auch fear or bestiulness Tres telling the truth, securing flu chat everyching will be kept under a inviclable sacrec. Theo he ehowld ash hin che tine feoo wiicn Ehe solicitations began, how Long they perduced, how often they were Eepeated, in whet vords or acts snacking of an imnoral purpose they had been georessed. He will diligent svoid asking about che consent ‘ef the person hinself being examined with regard co the solicitation, and, even core, he Se hin expressly that he is cot bound 5 menifest sbecher by ave cousent, Likewise, he will avoid any inearrcgation whieh be te ce ot a desi @ the sins of that person icclratigns by which the Gther selicited persons

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