The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-23
BISHOPS and PRIESTS.
How the New Instructions from Rome Are Re-
csiysd by the Catholic Clergy.
GENERAL SATISFACTION.
Preparing for a Fuller Intro
ductiOn Of Canon Law.

text Of an INSTRUCTION addressed by the College of
the Propaganda to the Catholic bishops in the United
States. regulating the method of dealing in future
with charges preferred against members OF the Catho
lie clergy for breaches of ecclesiastical discipline
Calling yesterday of the learned fraternity of
the Society of Jesus. in Sixteenth street. for an ex
PLANTATION of the document, the HERALD reporter as
certained that it something that had been long
anticipated. and the text of it now in the hands
OF the bishops and clergy throughout the country
"In what way do the priests receive tY' asked the
reporter.
"Priests and bishops alike pleased with it,"
the answer; ''the priests because it gives them
the assurance of Just and equitable treatment in a.
stances where charges preferred against them.
and the bishops because it relieves them from the
suspicion of using their authority in arbitrary and
autocratic manner"
Then. of course. there have been instances in
which bishops have used their power over priests
somewhat arbitrsrilyY'
"Undoubtedly In fact cases Of the kind have
sometimes appeared in the papers. There
that may be recalled OF some priests in Louisiana
who were removed for some by their bishop
and on appealing to Rome reinstated."
ut is to be presumed. then that representations
must have been made to Rome to amend the state Of
affairs here existing?'
THAT would appear so. 1t was hardship to the
priest who believed himself wronged by the action
OF his bishop, and who was too poor to undertake
journey to Rome to be compelled to wait until he
heard from there that his had been considered
and decided. Rome moves slowly in everything,
that everything may DO rightly decided and in its
wisdom has declared this set of Instructions which
proves satisfactory to the bishops as to the
priests"
PRoCEEDINGs.
ssHeretOfOre the bishop prosecutor. Judge and
executioner p
Something like that but now the bishop selects
Judicial council of three five priests, according to
circumstances and it their duty to obtain correct
knowledge Of the evidence against such as are
charged with breaches OF discipline They are sup
posed to make accurate investigation to seek out
all things from the presumed guilty party that will
set the i'll its truest light. and to supply sui-
GENTLY strong reasons for safely and prudc1ty pass
ing just sentence
Is there place and form Of trials"
eyes, the bishop determines the place and calls
the Council together They warned that it is not
judicial process, but held to the end and in such
manner that the testimony may be arrived at as dill
an opinion as to the truth of the facts which the
case rests He also warns them that In the investi
CATION nothing be done which may expose them
selves others to danger of loss Of grievance
pecally that room be not given to action for libel
any other proceedings before civil tribunal.
report OF the must read before the Council
by the bishops official, who must such Ques-
tons as are put to him by the president or members
OF the Council, for the purpose OF obtaining fuller
knowledge OF the matter. An oath will not
sary. but if the witnesses are not unwilling. and de-
will be taken in the acts of this declaration After
ward the accused party receives full liberty OF pre-
senting everything that can help III his defence.
RoMK ALWAYS OPEN TO APPEAL.
HAS there not always been some form of trial by
THE subject came before the Council at Baltimore,
and certain forms OF trial were enacted; but they
We're not entirely satisfactory. and instances still
'ISut cannot Rome be still appealed to p
Eyes. always, but with far less likelihood than
heretofore as the fullest possible investigation and
ton"
WHAT MISSIONARY RECTOR MEANS.
I'm the instruction the expression missionary
rector is used to designate what p
The Church in this country is u missionary
Church. The DEGREES of the Council of Trent are
not published in the United States. except in
Lousiana and st. Louis. which formerly be-
belonged to Spain. In consequence OF this we
have no parishes here, they have in those
are published. and, Of course. no parish priests.
parish priest is Independent of the bishop i'll
the fact that he cannot he removed by him. but the
socalled pastor. which in this country is analogous
to parish priest, stands different footing
Louisiana, when 1t was under the dominion Of
France was divided into parishes for civil as well
ecclesiastical administration. We have so-called
parishes In this city, but they are simply dis
eountrv' and '" administersd bv i.sion are
priesthood. There pastors in the OF
paroc' or parish priests as In the Old World coun-
priest III charge of district here Is removed
withou. cause. Under canon law pastor might have
some pecuniary rights in his parish even after
moval. but under the missionary arrangement that
prevails in the United States he has claim tine
parish after he is compelled to leave it,
REMOVAL A PRIEST.
prominent pastor ON the east side OF town
said :''rhere Is difference OF opinion the ques
tion OF the removal OF priest. Affected by this
obstruction from Rome There priests and
bishops who maintain that the rsctw cannot
be removed without trial. while others hold that he
his consent and in the discretion of the bishop or
course it is plain from tho instruction that the
council and that priest cannot be sus-
pended without being deprived of the faculty
AZ his ordination priest that ne win devote
all MS life to the diocese and that implies obi
cation on the part OF the diocese to sustain him,
less lie has violated serious law OF tho Church
~ would call for his suspension"
. Are the instructions from Rome satisfactory to
tho priests.'
"fhey are. and should say to the bishops, plso
Cases have occurred whore bishop decided a
against priest. and thinking it finally settled tore
UP or threw away the documents. subsequently,
an appeal was taken to Rome and an OK parte state
ment offered the part of the priest When
the bishop called for his proofs he had none
t. offer ~ they were all destroyed and the priest
was restored to the position from which he had been
removed Under the new order OF things all acts
and documents brought out on the occasion OF the
judgment shall be carefully kept In tho archives of
the episcopal court. that In case OF appeal they
may be easily available. There is also a pro vision
that compos the archbishop To hear an appeal.
Formerly the arcnpishop WAS saved TINS trouble and
the appeal went to Romc. no the amendment In the
method of procedure may have the effect OF having
many definitely settled hero that have hereto.
fore boon carried to Rome"
ROME WEARY OF AppxALs.
Then Rome, you think was growing weary of tho
many appeals she had ~ hear =:
80 sho virtually says. At nrst cases affecting
priests lcss decided III the discretion Of
the bishop. Then the tlcnary Council OF Baltimore
recommended that . council bc called by tho bishop
to share in the hearing and disposal Of any charges
lnaLe against priest Even thon there was source
kknl M
dccrced form OF Judgment was found by experience
~ be incapable OF preventing complaint on the
part OF those who happened to meet with any
punishment, resolved to issife n sct ~
instructions that should be obligatory upon those
to whom IL was addressed The language Of ROME
wus that IL mad frequently happened Of late that
priests condemned In consequence of Judgments
carried on anu sentences pronounced in that inater
especially those removed from tho office of MISSION
sry rector. psined here aud thereof their prclates
aud frequently had recourse to the Apostolic Soc. IL
often hnppened that many and necessary things were