ROMAN CATHOLIC CHURCH. 



737 



modifying greatly the oppression of other than council, or, ns it is called, a Commission of Invea- 

 the Lutheran state denomination, and extending tigation, over which he shall appoint one of their 

 still more the liberty given by the act of 1845. P, um T ^ r to P 8id - But *' for weighty reasons, 

 Tn Ampripn ttiahnn (Vmrrv nf A wlorr>, 1, the Dl CC8an Syuo 1 can not be held immediately, let 

 In America, Bishop Oonroy of Ardagh, who t | lc Bishop meanwhile depute five or three ecclesms- 

 had^is delegate apostolic adjusted most satis- tics, qualified as above, for the purpose. Ofthecom- 

 factorily several delicate questions and dim- mission so constituted, the principal duty shall be 

 culties in the Catholic Church in the British *V'" quire . : into _"<! ^ake^due cognizance of Ceases, 

 Provinces, was about to fulfill a similar mis- 

 sion in tfce United States, when he died at St. 

 John's, Newfoundland, on the 4th of August. 



The Catholic Church in the United States 

 had always been regarded as that in a mission- 

 ary country, and the canon law had not been 

 introduced in form. It had long been a mat- 

 ter of serious examination at Rome when this 

 temporary arrangement might end. The nu- 

 merous appeals to Rome by priests led the 

 Congregation of the Propaganda to issue, July 

 20, 1878, the following: 



Instruction of the Sacred Congregation de Propagan- 

 da Fide, on the Mode of Procedure to be observed by 

 the Bishops of the United States of North America, 

 in examining and deciding Clerical Cases, whether 

 of Crime or 'of Discipline. 



Although the second Plenary Council of Balti- 

 more, approved by the Holy See, enacted that a cer- 

 tain, kind of judicial form, already sanctioned by the 

 Provincial Council of St. Louis, should be observed 

 by tha ecclesiastical courts of the dioceses of the 

 United States of North America, in criminal cases 

 of the clergy, nevertheless experience has shown 

 that the prescribed form of trial is not quite suffi- 

 cient to pi^vent complaints on the part of those who 

 happen to be visited with punishment. For of late 

 it has often happened that priests condemned by 

 judicial trial and sentence of this kind, especially 

 when removed from the office of missionary rector, 

 have complained in various quarters of their prel- 

 ates, and have had recourse likewise, not unfre- 

 quently, to the Apostolic See. It is to be regretted, 



follows, and thus assist the Bishop in deciding the 

 same. Hence those chosen must take good care to 

 make diligent inquiry to bring out the testimony, to 

 interrogate the defendant on all points that may be 

 deemed necessary to elicit the truth, so as to furnish 

 certain or^at least sufficient grounds for a safe, pru- 

 dent, and just decision. And should there be question 

 of removing a missionary rector, it shall not be law- 

 ful to depose him from office, unless the Bishop shall 

 have previously engaged three at least of the afore- 

 said councilors to examine the case, and shall have 

 listened to their advice. 



The councilors chosen shall remain in office until 

 the meeting of the next Diocesan Synod, wherein 

 they shall be confirmed in their office or new ones 

 appointed. But if, in the mean while, the number 

 of councilors be lessened by death, voluntary with- 

 drawal, or other cause, let the Bishop, extra synodum, 

 substitute others, as abovo provided, in their vacant 

 places. 



In dealing with cases, those especially where it is 

 question of definitive removal of a missionary rector 

 from his office, the judicial commission shall act as 

 follows : 



I. There shall be no recourse to the Commission 

 of Investigation unless, after a clear and precise 

 statement by the Bishop of the cause that calls for 

 removal, the missionary rector should decline to re- 

 sign of his own free will, and should prefer to have 

 his case referred to the Council. 



II. The matter having been laid before the Coun- 

 cil, the Bishop shall charge his Vicar-General, or 

 other priest deputed to this end by himself, to draw 

 up in writing a statement of the case, with an ac- 

 count of the investigation, as far as it has gone, and 



moreover, that not seldom it happens that in the* of the circumstances that may have a special bearing 

 official papers transmitted to us many, and, it must on the case or the evidence. 



III. He shall appoint a suitable place, day, and 



be added, necessary documents are wanting, so that 

 upon examination of the whole, serious doubts fre- 

 quently arise as to the credit to be accorded or re- 

 fused to the documents brought forward in the cases 

 alleged. All which things having been seriously 

 weighed, the Sacred Congregation de Propaganda 

 Fide has concluded that some remedy must be pro- 

 vided for these troubles, and the ends of justice at- 

 tained, so that innocent clergymen may not be pun- 

 ished nor the guilty escape with impunity by any 

 improper form of trial. All which could be easily 

 effected if the Sacred Congregation were to com- 

 mand that the wise provisions of the Sacred Canons 

 for conducting ecclesiastical trials from beginning 

 to end, especially in criminal cases, should be un- 

 failingly observed. But the Sacred Congregation, 

 taking into consideration that in the aforesaid coun- 



hour for the meeting, and notify the same by letter 

 to each councilor. 



IV. He shall also, by letter, summon the mission- 

 ary rector in question to appear at the place and time 

 appointed for holding the meeting, stating in detail 

 (unless prudence will have it otherwise, as in the 

 case of occult crime) the cause that calls for his re- 

 moval, and warning him further to prepare an an- 

 swer, supported by proof, to the charges and evi- 

 dence so far given, whether by word of mouth or in 

 writing. 



V. When the councilors assemble at the time and 

 place appointed beforehand, let the Bishop enjoin 

 secrecy as to all things that may be uttered in coun- 

 cil ; let him further warn them that the investigation 

 is not a judicial process, but undertaken with the 

 end, and to be so conducted, ns in all diligence to as- 



'i .1 V 3 11 



try this can not be carried out without difficulty, ^., u , ,..^ U vx w ^^ , . 



has determined to make provision that there shall certain the truth, so that each councilor, having duly 

 be, at least, such careful inquiry into the party's weighed all things, may be able to form an accurate 



inquiry 



guilt as is absolutely necessary, before sentence is 

 pronounced. 



Wherefore, with the approval of our most holy 

 Father, Leo, by Divine Providence thirteenth Pope 

 of the name, in general assembly held on the 5th 

 day of June, 1878, the Sacred Congregation has de- 

 creed and strictly commanded that each Bishop of 

 the country above mentioned, in a Diocesan Synod to 

 be convoked as soon as possible, shall select five, or 

 where the peculiar circumstances of the case do not 

 admit of such number, at least three priests, of the 

 most worthy, and as far as possible skilled in canon 

 law, who shall form, as it were, a kind of judicial 

 VOL. xvm. 47 A 



opinion of the facts on which the case is based. Let 

 him also warn them against anything during the in- 

 vestigation which might expose themselves or others 

 to injury ; above all, that no occasion be given for 

 libel-suit or other action before a civil tribunal. 



VI. A written report of the case shall be read by 

 the official of the Bishop, who shall likewise answer 

 all questions put by the chairman, or by the other 

 councilors through the chairman, in order to get at 

 the full truth of the matter. 



VII. The missionary rector shall then be brought 

 before the Council, to read the answer he has pre- 

 pared, and to answer all questions as above. He 



