APPENDICES
APPENDIX I
Some recent documents from the Roman Curia are here included for the benefit of the confessor.
On the appearance of the new Code all quinquennial, triennial and similar faculties were withdrawn, but bishops may now regain such faculties which are listed below.
1
THE SUPREME SACRED CONGREGATION OF THE HOLY OFFICE
The admonition to be given to priests guilty of solicitation After due consideration beforehand, this Supreme Sacred Congregation usually decides in the majority of cases that those who have been denounced once or twice for the evil crime of solicitation “ should be admonished in the name of the Holy Office without violation of its secret Whoever is entrusted with the task of delivering this admonition will summon the priest who has been denounced, while at the same time taking all due precautions ; he will then advise him in grave yet friendly terms depending on the circumstances of the case, but speaking in such a general way as not to disclose either directly or indirectly the persons responsible for the denunciation, “ that it has been brought to the notice of the Holy Office that he has not conducted himself in the confessional with the proper prudence and integrity, so that there exist just grounds for the year that in his indiscretion he has attempted to use the very sacrament of reconciliation f or the ruin of souls ; accordingly it is in his best interests that for the future he take good care not to oblige the Sacred Congregation to take more stringent measures.’’ As soon as convenient he will inform the Sacred Congregation of the outcome of the interview, but in every aspect of the case and no matter with whom he deals he must observe the inviolable secret of the Holy Office.
THE SACRED CONGREGATION OF THE CONSISTORY
Formula II
Quinquennial faculties for the Ordinaries of European countries, with the exception of Italy and Russia
In the year when a local Ordinary is obliged to make a report on the state of his diocese in accordance with the prescription of c. 340, § 2 — and even in those cases when a bishop is dispensed from making this report due to the fact that he has but recently taken possession of his See — he may request the following faculties from the proper Congregations ; however he will be obliged to observe the various clauses attached to the rescripts regarding the use of such faculties.
The first request for these faculties may be made even outside this prescribed time on the understanding that they will be valid only until the time when the Ordinary must make his approaching diocesan report. Given at Rome at the Sacred Congregation of the Consistory, March 17, 1922.
C. Card, de Lai Ep. Sab., Secretary.
I. Fp.om the Congregation of the Holy Office
1. The faculty to permit priests and lay persons to read for a time forbidden books with the exception of works which deal explicitly and ex professo with obscenity, but under certain restrictions which will vary according to the different nature of the individual cases and circumstances.
2. Only for those countries where Catholics and non-Catholics mix freely with each other, with the exception, therefore, of France, Spain and Portugal, the faculty of dispensing in mixed marriages from the impediment of mixed religion or of disparity of worship, with conditions, restrictions and instructions added varying with the nature of the different cases and localities.
II. From the Congregation of the Discipline of the Sacraments
Switzerland, France, Spain, Luxembourg, and Belgium are excluded from the grant of the following faculties
1. of dispensing for a just and reasonable cause in all minor matrimonial impediments mentioned in c. 1042 and also in the prohibitory impediments mentioned in c. 1058 but only for the purpose of contracting marriage ;
2. of dispensing for a grave and urgent reason, whenever delay is dangerous and the marriage cannot be postponed until dispensation from the Holy See is obtained, from the following major impediments :
a) of consanguinity in the second or third degrees touching the first, provided there is no scandal or surprise ;
b) of consanguinity in the second degree of the collateral line ;
c) of affinity in the first collateral line even if mixed with the second ;
d) of public propriety in the first degree, provided that no doubt exists of the possibility of one of the parties being the offspring of the other ;
3. of dispensing at the time and in the act of the Pastoral Visitation or of Missions, and at no other times, from all the matrimonial impediments mentioned above together with those arising from concubinage ;
4. of granting retroactive convalidation for a marriage which was invalid because of some minor impediment, if there is great inconvenience entailed in asking the party ignorant of the impediment to renew the consent, provided however that the first consent still persists and there is no danger of divorce, but the party aware of the impediment must be advised of the effect of this convalidation and the grant of the sanatio must be recorded in the matrimonial register.
III. From the Sacred Congregation of the Council
1. The faculty of converting perpetual Mass obligations for five years into an alms for some charity lawfully established in the diocese when the income from funded capital decreases, provided there is no one who is obliged by law and who can be usefully urged to increase this alms and on the understanding that the diocesan Curia is legitimately informed each year by the priests concerned that they have celebrated the reduced number of Masses.
2. The faculty of transferring Mass obligations for five years to days, churches, or altars differing from those specified in the original foundation but always within the confines of the diocese, provided that there exists genuine necessity and divine worship is not thereby impaired and the people suffer no inconvenience, always excepting however those bequests which can easily be satisfied in the places designated by increasing the aims, and with the proviso added that each year the diocesan Curia is informed by the celebrants that the Masses so transferred have been offered.
3. The faculty of transferring for five years even to places outside the diocese any excess of Masses, with the proviso that the greatest number should be celebrated within the diocese and that the most minute attention must be paid to the prescriptions of the Code of Canon law regarding the precautions to be observed in transmitting Masses to others.
IV. From the Sacred Congregation of Religious
1. The faculty of dispensing from illegitimacy of birth to permit entry into the religious life to the extent required by the Constitutions of the Institute concerned, provided that the child is not the offspring of a sacrilegious union, that the Superiors request the dispensation, and that those so dispensed are not elected as major superiors in accordance with
2. The faculty of permitting the celebration of three ritual Masses at midnight on Christmas Day in the churches of those religious houses not included in c. 821, § 3 and of allowing the administration of Communion to the faithful present, but the three Masses must be celebrated by one and the same priest.
3. The faculty of dispensing from any excess over the age required by the Constitutions of an Institute for entering the religious life, having first obtained in each case the opinion of the General Superioress or Provincial and their consent and that of their Council, provided that the postulants are not older than forty and are endowed with the other necessary qualities.
4. The faculty of dispensing from defect of canonical age for the priesthood, not however beyond . . . months, even in respect of exempt Religious, provided that they have received the necessary dimissorial letters from their Superiors and that the candidates satisfy the other qualifications determined by Canon law and especially that they have completed their theological course as required by c. 976, § 2.
5. The faculty of dispensing either completely or partially from lack of a dowry in respect of nuns and sisters, provided that the economy of the Institute is not thereby impaired and the postulant is endowed with such qualities as to provide a well-founded hope that she will be of great benefit to the Order.
6. The faculty of confirming a confessor in his post for a fourth or even fifth period of three years provided that all the Religious are gathered together including those who have no right of casting votes in other matters, that each person casts her vote individually and in secret, and that a majority favour the appointment ; however, provision must always be made for those who dissent, if there are any who desire other arrangements.
7. The faculty of permitting the celebration of the Holy Sacrifice of the Mass on Maundy Thursday and the administration of Holy Communion to those who habitually dwell in the community, even in order that they may fulfil their Easter obligation.
8. The faculty of permitting religious Sisters to enter the church so that they themselves may clean and adorn it more fittingly, but all other persons must first leave the church including the confessor and those who serve in the convent and those living outside the enclosure ; the doors of the church are to be closed, the keys given to the Superioress ; the nuns must always be in pairs, and the door which gives entry into the church must be closed by two keys, one entrusted to the Superioress, the other to one of the nuns designated by the Ordinary, and this door must never be unlocked except in the cases specified and with the precautions mentioned.
9. The faculty of allowing nuns to leave their enclosure for the period of time strictly required for a surgical operation, erven when there is no imminent danger of death or serious harm, stating clearly the necessary precautions to be observed.
V. From the Sacred Congregation of Rites
1. The faculty of delegating the vicar general or another priest invested with ecclesiastical dignity to consecrate fixed and portable altars according to the rite and form of the Roman Pontifical.
2. The faculty of delegating priests — if possible, priests invested with an ecclesiastical dignity — to consecrate fixed and portable altars which have been desecrated, using the shorter form B for the cases mentioned in c. 1200, § 2 ; this faculty was already granted by the Code for the case mentioned in c. 1200, § 1 and formula A must be used.
3. The faculty of delegating the vicar general or another priest invested with an ecclesiastical dignity to consecrate chalices and patens in accordance with the rite and form of the Roman Pontifical.
4 . On the days in Holy Week when the Passion is read, the faculty of allowing priests who by virtue of a special Apostolic Indult celebrate two Masses to read in one of their two Masses the last part of the Passion (Altera autem die, etc.) saying beforehand, Munda cor meum . . . etc. — Scquentia sancti Evangelii secundum (Matthaeum).
5. The faculty for the Bishop or Ordinary to bless pious objects with the sign of the cross observing the rites prescribed by the Church. But on the occasion of a pastoral visitation and when many present several objects of various kinds to be blessed, often having their own special form of blessing, the Bishop or Ordinary is allowed to use one short formula while making the sign of the cross over the objects : “ Benedicat haec omnia Deus Pater, Filius et Spiritus Sanctus. Amen.”
6. The faculty for the Bishop or Ordinary to celebrate one Requiem Mass each week in his own oratory.
VI. From the Sacred Penitentiary
1 . The faculty of absolving any penitents (with the exception of those who are deliberately spreading heresy among the faithful) from any censures or ecclesiastical penalties incurred by reason of heresy preached whether in the hearing of others or not, whether they heeded the teaching or not, but the penitent must first denounce as required by law those who teach heresy ex professo if he knows of such and all clerics and religious who may have been his accomplices ; if for just reasons he is unable to make such a denunciation prior to receiving absolution, he should make a serious promise of doing so at his earliest convenience and in the best way possible, after secretly abjuring his heresies before the confessor in each case ; the Ordinary must impose a grave salutary penance proportionate to his excesses and also oblige him to receive the sacraments and to avoid those persons to whom he made known his heresy and to make reparation for any scandal given.
2. The faculty of absolving from censures and ecclesiastical penalties those who have defended or those who while knowing of the censure have read or retained without due permission books written by apostates, heretics, or schismatics advancing the cause of apostasy, heresy or schism, or other books condemned by name by Apostolic Letters ; they must receive a fitting penance and be obliged either to destroy these books prior to absolution so far as possible or else to give them to the Ordinary or confessor.
3. The faculty of absolving from censures those who have prevented directly or indirectly the exercise of ecclesiastical jurisdiction whether in the internal or in the external forum, having had recourse for this purpose to some secular authority.
4. The faculty of absolving from the censures and ecclesiastical penalties attached to the crime of dueling, provided that the matter has not been brought before the external forum ; a grave penance must be imposed together with the other obligations required by law. ‘
5. The faculty to absolve from censures and ecclesiastical penalties those who have given their allegiance to the Masons or to any other similar society which schemes against the Church or legitimate civil authority, on condition that they separate themselves completely from the sect and abjure it and that in accordance with c. 2336, § 2 they denounce those clerics and religious whom they know to be members of the same sect ; they must hand over all books, manuscripts and emblems belonging to the sect or at least destroy them, if there exist just and grave reasons for this alternative ; they shall receive a grave penance proportionate to the gravity of their offences and be obliged to approach the sacrament of Penance and to make reparation for any scandal given.
6. The faculty of absolving from censures and ecclesiastical penalties those who enter without due permission the enclosure of Religious of either sex and also those who introduce or admit them, provided that this was not done for some evil purpose which in some respect was gravely sinful even if the purpose was not achieved, and the case has not been brought before the court ; a salutary penance suited to the offence must be imposed.
7. The faculty to grant a dispensation in order to permit the request for the marital dues from one who has violated a vow of perfect and perpetual chastity privately made after the eighteenth year of age completed to those who contracted marriage while under this vow, but such penitents must be instructed that they are obliged to observe their vow apart from the lawful use of marriage and also if they outlive their partner.
8. The faculty of dispensing from an occult impediment of crime, provided there is no intrigue and the marriage has been contracted already , the parties must be instructed to renew their consent in secret and a grave and lengthy penance must be imposed.
Likewise the faculty of dispensing from the same occult impediment provided there is no evidence of intrigue, even if the marriage has not been contracted ; a grave and lengthy penance must be imposed.
APPENDIX II
THE SUPREME SACRED CONGREGATION OF THE HOLY OFFICE
Instruction on the discipline to be observed regarding the Eucharistic Fast (A.A.S. Vol. XLV, 16 Jan., 1953, n. 1, pp. 47-51.)
The Apostolic Constitution Christus Dominus, given this day by the Supreme Pontiff Pius XII, now happily reigning, grants several faculties and dispensations in regard to the observance of the law of the eucharistic fast, but it also largely confirms in substance the rules of the Code of Canon Law (c. 808, c. 859, § 1) which bind those priests and faithful who are able to observe this law. However to these persons also is extended the favourable first rule of the Constitution in virtue of which natural water (that is, water to which no other element has been added) no longer breaks the eucharistic fast (Const, n. x). Regarding the other concessions, only those priests and faithful may take advantage of them who are placed in the particular conditions laid down in the Constitution, or who celebrate or receive Holy Communion at evening Masses authorized Ordinaries within the limits of the new faculties which have been granted to them.
Therefore in order that uniformity may reign in the observance of the rules relating to these concessions and that all interpretation be avoided which would widen the faculties given, as well as to prevent all abuse in this matter, this Supreme Sacred Congregation of the Holy Office at the bidding and command of the Supreme Pontiff himself has decreed as follows : — Regarding the sick whether laity or priests
1. The faithful who are sick, even though not confined to bed, may take something non-alcoholic to drink if, on account of their sickness, they are unable to observe the full fast before receiving Holy Communion without grave inconvenience. They may also take something by way of medicine, either liquid (non-alcoholic) or solid, provided it is genuine medicine prescribed by a physician or commonly regarded as such. But it must be noted that any solid taken for nourishment cannot be regarded as medicine.
2. The conditions in which one is justified in taking advantage of this dispensation from the law of fast — for which no time-limit before Communion is prescribed— are to be prudently weighed by the confessor and no one may take advantage of it without his advice. The confessor may give such advice either in the internal sacramental forum or in the internal non-sacramental forum, even once and for all so long as the circumstances of the same sickness persist.
3. Priests who are sick, even though not confined to bed, may also avail themselves of the dispensation whether they are about to celebrate Mass or to receive the Most Holy Eucharist.
Regarding priests in special circumstances (Const., nn. Ill and IV.)
4. Priests who are not sick, who arc to celebrate Mass a) at a late hour (i.e. after 9 a.m.), or b ) after heavy work in the sacred ministry (e.g. from early morning or for a long time), or c) after a long journey (i.e. at least about 2 kilometres on foot, or proportionately longer according to the type of vehicle used, bearing in mind also the difficulties of the journey or of the person), may take something non-alcoholic to drink.
5. The three cases mentioned above are such that they include all the circumstances in which the legislator intends to grant the above dispensation and therefore any interpretation which would widen the faculties given must be avoided.
6. Priests who are in these circumstances may take something by way of a drink either once or several times, provided they fast for one hour prior to the celebration of Mass.
7. Furthermore all priests who are to celebrate two or three Masses may in their earlier Masses take the two ablutions prescribed by the rubrics of the Missal, but using water only, which according to the new principle does not break the fast.
But any priest who celebrates three Masses without a break on Christmas Day or on All Souls’ Day must observe the rubrics concerning the ablutions.
8. If, however, through inadvertence a priest who has to celebrate two or three Masses takes wine also in the ablution, he is not forbidden to celebrate the second or third Mass.
Regarding the faithful in special circumstances (Const., n. V.)
9. The faithful also who cannot observe the eucharistic fast not because of sickness, but because of some other grave inconvenience, may take something non-alcoholic to drink, provided they fast for one hour before receiving Holy Communion.
10. Three causes of grave inconvenience are set forth and no additions may be made to them.
a) Tiring work undertaken before Holy Communion.
The type of people affected are workers in factories, transport, shipping or other public utility services who have to work day and night shifts ; also those who whether from duty or charity have to stay up at night (e.g. nurses, night-watchmen, etc.) ; also pregnant women and mothers of families who before they can go to church must spend a long time on domestic duties ; etc.
b) The late hour at which Holy Communion is received.
Many of the faithful have to wait until a late hour before they can have a priest amongst them to say Mass ; there are many children for whom it is too heavy a burden to go to Church, receive Holy Communion, and then return home for breakfast ; etc.
c) A long journey to be made in order to reach the church.
As already indicated (11. 4) for present purposes a journey is considered long if it is not less than 2 kilometres by foot or proportionately longer by vehicle according to the type of vehicle used, taking into account the difficulties of the journey and of the individual.
11. The causes of grave inconvenience are to be considered prudently by the confessor in the internal sacramental or non-sacramental forum, and the faithful who are not fasting cannot receive the most Holy Eucharist without his advice. The confessor may give such advice once and for all as long as the same cause of grave inconvenience persists.
Regarding evening Masses
(Const, it. VI.)
By virtue of the Constitution, local Ordinaries (cf. can. 198) have the faculty of permitting the celebration of evening Mass in their own territory when circumstances make this necessary, notwithstanding the rule of c. 821, § 1. For the common good sometimes requires that Mass be celebrated after midday : for example, for workers in certain industries where shift-work continues even on days of precept ; for those categories of workers who are engaged on the mornings of Sundays and Holydays, such as dock-workers ; also for those who gather together in one place in large numbers, sometimes coming long distances, to celebrate a religious or social occasion, etc.
12. Nevertheless such Masses may not be celebrated before four o’clock in the afternoon and only on certain days which are exclusively defined as follows :
a) existing days of obligation in accordance with c. 1247, § 1 ;
b) suppressed feasts, in accordance with the Index published by the Sacred Congregation of the Council on Dec. 28, 1919 (cf. A.A.S., vol. XII, 1920, pp. 42-43) ;
c) the first Friday of the mouth ;
d) other solemnities which are celebrated with a great gathering of people;
e) one day of the week, in addition to those mentioned above, if the good of special classes of people requires it.
13. Priests who celebrate Mass in the evening and the faithful who receive Holy Communion at such Masses may take with proper moderation, alcoholic drinks which are customarily taken with meals (v.g. wine, beer, etc.), spirits being excluded. Such drinks may be taken only during a meal which must be concluded three hours before the beginning of Mass or communion. Before or after such meals they may take something in the form of a drink up to one hour before Mass or Communion, but all alcoholic drinks are excluded.
14. Priests may not celebrate Mass in the morning and evening of the same day unless they have express permission to say two or three Masses, according to the norm of c. 80 6.
Likewise the faithful cannot receive Holy Communion in the morning and evening of the same day according to the norm of c. 857. x j. The faithful may receive Holy Communion during Mass or immediately before or after (cf. c. 846, §1), even though they do not belong to the category of persons for whose benefit this Mass has been introduced, but they must observe all the above-mentioned rules relating to the eucharistic fast.
16. In territories where missionary law and not the common law is in force. Ordinaries may allow evening Masses on all days of the week on the same conditions.
Directives regarding the execution of these norms
17. Ordinaries must exercise great care to ensure that every abuse and irreverence towards the Most Blessed Sacrament is avoided.
18. They must also take care that the new discipline is uniformly observed by all their subjects, who should be instructed that all faculties and dispensations, whether territorial or personal, heretofore granted by the Holy See, are abrogated.
19. The interpretation of the Constitution and this Instruction must faithfully follow the text and must not in any way extend the concessions which are already so favourable. With regard to customs which might differ from the new discipline, the clause should be borne in mind : “ notwithstanding anything to the contrary, even if worthy of very special mention.”
20. Ordinaries and priests who must avail themselves of the faculties granted by the Holy See should earnestly exhort the faithful to go to Mass and receive Holy Communion frequently and should promote with suitable means, especially preaching, that spiritual good in view of which the Supreme Pontiff Pius XII willed that the Constitution should be published.
The Supreme Pontiff, in approving this Instruction, decreed that it should be promulgated by publication in the Acta Apostolicae Sedis together with the Apostolic Constitution Christus Dominus.
From the Palace of the Holy Office, January 6, 1953.
>{< I. Card. Pizzardo, Secretary. A. Ottaviani, Assessor.