Title XIX: Of Abuse of Ecclesiastical Power or Office

Abuse of ecclesiastical power is to be punished, at the prudent judgment of the legitimate Superior, according to the gravity of the fault, with the prescription of canons which establish a certain penalty for some abuses preserved.

The Vicar Capitular and all others, both of the Chapter and outsiders, who by themselves or through another have taken away or destroyed or hidden or substantially altered any document pertaining to the episcopal Curia, incur by the fact itself excommunication simply reserved to the Apostolic See, and can also be struck by the Ordinary with privation of office or benefice.

§ 1. Whoever is bound by office to make, write up, or preserve acts or documents or books of ecclesiastical Curias or parochial books, if he has presumed to falsify, adulterate, destroy, or conceal them, is to be deprived of his office or punished by the Ordinary with other grave penalties according to the measure of the fault.

§ 2. But one who has deceitfully refused to transcribe, transmit, or exhibit these acts, documents, or books to one legitimately requesting them, or in any other way has betrayed his office, can be punished by privation of office or suspension from the same and by a fine at the judgment of the Ordinary according to the gravity of the case.

One who has attempted to induce officials of the Curia or any ecclesiastical administrators, judges, advocates, or procurators, by gifts or promises, to an action or omission contrary to their office, is to be struck with a congruent penalty and compelled to repair damages, if any have been inflicted.

Those increasing the customary and legitimately approved taxes according to the norm of can. 1507, or demanding anything beyond them, are to be coerced by a grave monetary fine, and recidivists are to be suspended from office or removed according to the gravity of the fault, besides the obligation of restoring what they have unjustly received.

A Vicar Capitular granting dimissorial letters for ordination against the prescription of can. 958, Sec. 1, n. 3, by the fact itself is subject to suspension from divine things.

Religious Superiors who, against the prescription of can. 965-967, have presumed to send their subjects to another Bishop to be ordained are by the fact itself suspended for a month from the celebration of Mass.

Religious Superiors who have received an unsuitable candidate into the novitiate against the prescription of can. 542, or without the required testimonial letters against the prescription of can. 544, or have admitted him to profession against the prescription of can. 571, Sec. 2, are to be punished according to the gravity of the fault, not excluding privation of office.

Superioresses, even of exempt religious women, are to be punished by the local Ordinary according to the gravity of the fault, not excluding, if the matter bears it, privation of office:

1° If against the prescription of can. 549 they have presumed in any way to expend the dowries of girls received, the obligation of which in can. 551 always preserved.

2° If against the prescription of can. 552 they have omitted to make the local Ordinary more certain concerning the proximate admission of someone to the novitiate or to profession.

§ 1. Superioresses who, after visitation has been announced, have transferred religious women into another house without the Visitor consenting, and likewise all religious women, whether Superioresses or subjects, who by themselves or through others, directly or indirectly, have induced religious women, when questioned by the Visitor, to be silent or to dissimulate the truth in any way or not sincerely to set it forth; or have brought trouble upon the same under any pretext because of the responses which they gave to the Visitor, are to be declared by the Visitor incapable of obtaining offices which carry with them governance of others, and Superioresses are to be deprived of the office which they exercise.

§ 2. The things prescribed in the preceding paragraph are to be applied also to religions of men.

A Superioress who has conducted herself against the prescription of can. 521, Sec. 3, 522, 523 is to be warned by the local Ordinary; if she offends again, she is to be punished by the same with privation of office, the Sacred Congregation of Religious nevertheless having immediately been informed.

To the greater glory of God.