The morning star and Catholic messenger., 1878-12-01

Causes OF the Clergy, both Criminal and Dis
eiplinay.
We copy the following documents from the
St. Louis Western Watchman, of Eovem ber 23rd
which Publishes them both in Latin and in
English:
Although the Second Pleuary Council OF
Baltimore, amended by the Holy See, ordered
o certain form of procedure, formerly estab-
lished by the Provincial Council of st. Louis,
to be observed by the ecclesiastical courts OF
the dioceses of the United States in crimina
causes of the clergy, experience hBs proven
that the judicial forms thus enacted have not
entirely removed causes of complaint on the
part of those who have fallen under censure.
1t has often happened, more frequently of late,
that priests tried in this way and convicted,
especially those who have been removed from
their positions of missionary Rect ors, have
spread complaints here and there, nay, have
had recourse to this Apostolic See. 1t is to be
regretted that oftentimes many and essential
facts are wanting in the rescripts, and not
withstanding all our care, grave doubts have
arisen as to the measure of faith either to
be accorded or denied to the documents in such
cases.
These things having been su omitted to the
Sacred Congregation and seriously weighed,
that body has Thought proper in the interest
ofjustice to apply remedy to these an noy-
apcee; 30 that innocent clergymep shall not be
legal nformslity. This end would be effectu
ally reached if all the rules wisely prescribed
by the csnons touching ecclesiastical trials,
were ordered to be observed. However, con.
sideripg that this could not we'll be done in
places in the said United States, it has deter
mined that, at least, some accurate investiga-
tions shall be pursued in the trial Of crimes
deemed necessary before sentence is prouounc-
ed. With the appreciation, therefore, of Our
Most Holy Master, by Divine Providence, Pope
Leo XIII. the Sacred Congregation, in q gene
raj meeting held on the 5th of June, 1873, de-
creed and positively commanded that each
bishop of the above country shall select, in
diocesan synod to bs called as soon as possible,
1--WE, or, where by reason of peculiar circum-
stances 90 many oaunos be had, three at least,
of his most worthy priests, and, as much as
possible those learned in canon law, who will
constitute n sort of judicial council, or, as they
say, a oommi issiou of investigation. one of
whom he shall authorize to preside. Bat if for
any grave reason a diocesan synod cannot be
immediately o. eld, either i've or three coolest
astics. as stated above; shall bs named ad
interim by the bishop to the Cffice in que5
tiun.
The principal duty of the Commission thus
constituted shall be to hear and pass upon the
causes. criminal Eaud disciplinary, of priest
and other clerics, according to the form here
matter to be proposed aa also TO aid the bishop
in passing sentence. Those elected to this
Office will seduously endea Vor to pursue their
accurately, and to add1ce all
the testimony, and obtain from the accused all
that ia deemed necessary to the establishment
Of the truth, and shall furnish good and sub
stantial reasons for pronounoing safe and
Whenever there is question of the removal
Of Rector of q Mission, the same cannot be
elected from the c ff,e committed to him unless
by the vote aud counsel of at least three MEM
hers of the above men toned Commission call.
ed to try the oase. The Councillors elected
shall hold cfti3e ur'il the celebration Of the
next diocesan syrod. when they will be re-
ell oed or cthe:s chosen in their stead. Should,
however, the 1mber of Councillors be reduc-
cd by d-ath, resignation or other cause, the
bishop o all e1tra-sy nodloally fill the vacsn-
c:ss, ss abn re dcoreed
II the hearing of all causes, especially
where the conrt shal have to pass definitely
on the question of removal from Office, the
judicial Commission will observe the follow
ing form Of procedure:
l. The Commission Of Investigation shall
not be summoned, unless .he Bishop before
hand shall have stated, in clear aud precise
terms, the nature of the cause calling for fl ual
and the Missionary Rector shall have
chosen to be tried rather than voluntarily sur
render his Clfice,
2 The matter having been brought before
the Council, the Bishop will charge his Vicar
General, or otter priest deputed for that pur-
pose, t. prepare q statement of the case in
writing with Transcript of the evidence go
far obtained, together with the circumstances
which materially affect the case or its esssb-
3 He will designate q proper place, day and
hour for the meeting, that, too, by letter to
each of the Councillors.
He viii cite the Missionary Rector in
question by letter to appear at the place de-
signated and on the day for the holding of the
Council, giving him notice in ezteuso where
prudence does not forbid, as in the case of oc-
cult crime, of the cause calling for his deposi.
ton, and warning the Rector to prepare in
writing his answer. with the proofs to sustain
it, to the charges which, in the preparation of
the case, had been obtained orally from wit
nesses we're already in writing.
5 The Cooncl having convened on the day
and in the place designated, the B!siop shall
eDjoin secrecy upon all matters brought before
the Council shall give notice that the trial is
not judicial proceeding, but designed and
conducted IT the purpose of ascertaining the
truth with all possible care and diligence, so
that each Councillor may be in q position to
form accurate opinion to the truth of
the facts upon which the cause rests. He will
warn them against saying or doing anything
in Council which might inure to the damage
or hardship of themselves or Others especial
y that they give no occasion f?r suit for
libel or other suit before the civil courts.
6 The written statement of the case shall
be read before the Council by the official of
the Bishop, who will answer all questions put
to him by The President or by others through
the President for better understanding of