The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-20

AN IMPORTANT DOCUMENT FOR THE ROMAN
CATHOLIC BISHOPS IN THE UNITED sTATEs-A
SPECIAL INSTRUCTION.

The following important document has been al
dressed by the Propaganda to the Catholic bishops in
the United States. II regulates how il future Catho-
lie priests within the Union are TO be dealt with
when charged with offences against ecclesiastical dis
cipline II will be observed that this is special
procedure newly created by the Propaganda for the
Catholic clergy in the United States But it may be
only temporary measure intended to pave the way
for bringing into force in the Catholic Church III this
country, and with reference to the clergy only the
full provisions of the canon law which if it expects
full obedience to the Church CODE also furnishes the
accused clergyman with very ample safeguards.
append the full text of the instruction.
Although the Second Plenary Council of Baltimore.
approved by the Apostolic See, decreed that certain
sort of judicial FORM already sanctioned by the Pro-
vncial Council OF ST. Louis. should be observed in
treating the criminal OF cerics by the ecclesias
teal courts of the dioceses of the United States Of
North America it has nevertheless. been found by ex-
perience that the decreed form OF Judgment is not
altogether capable of preventing complaint on the
part'of those who happen to meet with any punish
ment For it has frequently happened Of late that
priests condemned in consequence of judgments car
ried and sentences pronounced in that matter,
especially those removed from tho Office OF Mission
AIRY Rector, have complained here and there of their
prelates, and have frequently had recourse to
the Apostolic See. 1t is moreover, to be deplored
that 1t not rarely happens that many and indeed
essary things wanting in the statements sent. and
when all things considered that grave doubts
often the trust to be placed in refused
The Sacred Congregation for the Propagation of the
Faith, seriously weighing all these things concluded
that remedy should be prepared for these incon-
veniences and justice be so provided for that neither
innocent clerics should suffer unjustly nor those
guilty of any crime escape deserved punishment on
account of defective form Of judgment This it
would easily obtain were it to command the entire
observance OF ali the prescriptions wisely laid down
by the sacred canons for entering into and terna-
ting ecclesiastical especially criminal. judgments.
But rejecting that in the aforesaid regions of the
United States this cannot be easily done it considered
that provision ought to be mae that at least such
Investigations may be accurately made of crime that
has been committed are deemed altogether neces-
sary before the intiiction OF the penalty.
Therefore. Most Holy Lord. Leo XIII, by Di-
sion held on the 25th day of June. 1873 the Sacred
Congregation decreed and strictly commanded that
each preate Of the aforesaid country should in doc
synod, to be convoked az soon as possible,
lect five. or where on account OF peculiar circnm-
stances many cannot be had, at least three priests
from the most worthy and as far AS possible versed
in canon law. Of whom sort OF judicial council or.
i'll other words commission of investigation, may
be constituted and of those so chosen placed at
the head OF the same. But il for any grave reason
diocesan synod cannot be Immediately held let five.
Mt least three ecciesiastcs as above be appointed
by the Bishop tor the meantime to the Office spoken
The primary duty of the commission thus consti-
tuted will be bring under examination, according
to the rule to be laid down presently, and obtain
correct knowledge Of the criminal and disciplinary
priests and other clerics and thus afford the
Bishop assistance i'll deciding. 1t behooves, there
FORE those elected to this Office to take that
duced and from the presumed guilty party all things
sought out which deemed necessary to obtaining
the truth. and also supply certain or sufficiently
strong reason for safely and prudently passing just
sentence.
But if the removal of any rector OF mission is in
question he cannot be deprived of the Office
intrusted to him unless three at least of the MEM
bers OF the aforesaid commission have been employed
by the Bishop to examine the case aud their counsel
The councillors so chosen shall remain in Office
until the holding of the next diocesan synod, in
designated. But if i'll the meantime the prescribed
number OF councillors be lessened by death, resgna-
ton other cause, the Bishop will. without the
synod appoint others. as above decreed, to the va
cancy.
In.examnng cases, especially those in which the
definite removal from office OF missionary rector
in question the judicial commission will follow this
course:-
l. There shall be no recourse to the committee Of
investigation, unless previously clear and precise
statement having been made by the Bishop of the
motive for final removal the missionary rector shall
ci3ors rather than to resign willingly his charge and
Office.
q When the matter is brought to the councillors
the Bishop will charge his Vicar General, other
priest appointed for the purpose, to draw up in
writing a statement of the case, with account of
the investigation made up to that time and of the
circumstances which special affect the case or the
demonst ration of the same.
s. He shall appoint the place. the day and
venent hour for meeting AMI this by letter to each
councillor.
L. By letter he shall also call the missionary rector
concerned to the place and day fixed for the hearing
stating, unless prudence forbid it, in the OF
occult crimc the motive for final removal fully, and
giving notice to the rector to prepare in writing
answer supported by his reasons to those things
which IN stating the case shall have been either pre-
yiously by word of mouth, or then i'll writing,
brought forward
and place predetermined the Bishop shall command
the observance of silence as to those things which
may be heard in the councils he shall warn tthcm)
that the investigation is not judicial process. but
held to the end and in such manner to be made, that
the knowledge of the truth may he arrived at as dill
gently possible, so that every councillor when all
things are weighed, may be enabled to form IN
opinion with all possible accuracy to the truth of
the facts on which the rests. He shall also
them that in THE nvestg CATION nothing be done which
may expose themselves Others to danger OF loss
of grievance, especially that room be not given to
action for libel to any other proceedings bsor.
civil tribunal
q. report of the shall be read before the
ell by the Bishops official who shall also ir-
terrogatories made to HIM by the president or by the
other councillors through the president for the pur
pose of obtaining fuller knowledge OF the matter.
Z. Afterward the missionary rector shall be brought
in, who will the answers drawn up by himself.
and will in similar manner answer ntcrrogatories,
receiving iull liberty of presenting. within however,
time to be presented by the council. everything
that can conduce to his defence
5. II il happen that the missionary rector whose
case is acted on be unwilling to present himself be
fore the council let him be called again by letter. and
proper length of time assigned him for his appear
anee, and IL by the day appointed he shall not have
appeared unless lesitmately prevented he shall be
held conturnacous
.. All these things being rightly carried ont the
councillors shall confer together and IL the majority
of the councillors consider that the facts suii
GENTLY ascerained each councillor shall state in
writing his conclusion. expressing the reasons on
which II rests; let the conclusions he comparcd: the
acts of the council drawn up by an official of the
bishop signed by the president in the name of the
council aud brought to the bishop. together with the
conclusions IN erieaso of all the councillors.
~. But II further investigation be deemed neces-
sary proper, that day, another fixed
by the council let the witnesses he called when the
council may judge useful, the missionary rector Also
being heard concerning those whom he may desire
to be called.
Ill. Each person for the prosecution shall be exam
ned separately and accurately by the president aud
by the others through the president in the absence
first of the missionary rector. An oath shall not ho
required. but ii the witnesses themselves are not UNI
willing and declare that they prepared to confirm
by oath IL the occasion TO present itself, what
they have deposed let note be taken in the acts or
this deposition declaration.
H. The witnesses consenting. and the prudence of
the council directing let tho testimony be repeated
before the missionary rector, who may, also. IL lie
wish interrogate the witnesses through the prcsi-
dent.
49, Let the witnesses for the defence be examined
In the the witnesses for the prosecu-
tion