On the Constitution *Sacramentum Poenitentiae*

"The things which the Supreme Pontiff Benedict XIV, of glorious memory, confirmed and decreed in the Constitution issued on 1 June 1741, whose beginning is Sacramentum Poenitentiae, are reduced principally to these four heads. First, just as had already been enacted previously, especially by Gregory XV in the Constitution dated 30 August 1622, which begins Universi, all Ordinaries of places as well as Inquisitors are appointed judges for investigating, proceeding against, and punishing with condign penalties those who solicit to base acts in confession, although exempt in any manner from ordinary jurisdiction. Likewise, all priests constituted to hear sacred confessions, as had also been prescribed previously, are bound to admonish their penitents to denounce solicitors of this kind to the Inquisitors or Ordinaries of places as soon as they can; and not to absolve those same penitents who refuse to obey in fulfilling this duty. Furthermore, in the third place, except at the point of death, the case of those who falsely accuse innocent priests of solicitation before ecclesiastical judges, or wickedly procure that it be done by others, is reserved to the Apostolic See. Fourth and finally, every faculty and jurisdiction to hear the sacramental confessions of an accomplice in a base sin committed against the sixth commandment of the Decalogue is taken away from every priest, unless an altogether extreme necessity is urgent, namely, if at the very point of death another priest is lacking who can perform the office of confessor, or cannot be called or approach without some grave infamy or scandal that would arise. - Constitution Apostolici muneris of the same Supreme Pontiff Benedict XIV, 8 February 1745. - And the case of those confessors who shall have dared to absolve an accomplice in a base sin is reserved to the Apostolic See.

"There is certainly no doubt that all and each of these prescriptions, prohibitions, and reservations extend their force universally to all nations and are to be steadfastly and inviolably observed everywhere on earth. This is most evident even to one reading the Constitutions of Gregory XV and Benedict XIV; and the same has been confirmed by the authority of subsequent Pontiffs, as occasion offered, up to the present day. - And indeed, when the Apostolic Vicar of Cochinchina asked: 1. Whether the Constitution of Benedict XIV against solicitors also binds Franciscan missionaries who exercise the ministry in Cochinchina? 2. Whether the same Constitution can be restricted and moderated in some case because of the great scarcity of confessors in that same kingdom of Cochinchina? by command of Pius VI, in the year 1775, the reply was made in a suitable instruction: To 1. Affirmative; to 2. Negative. And recently Our Most Holy Lord Pope Pius IX, by a Decree of this Supreme Inquisition on Wednesday, 27 June 1866, declared that, in the faculties which bishops and other Ordinaries of places possess by Apostolic grant for absolving from all cases reserved to the Apostolic See, cases reserved in the Bull of Benedict XIV which begins Sacramentum Poenitentiae must henceforth always be excepted and regarded as excepted. - He moreover commanded this Decree to be notified, without any exception, to all Ordinaries everywhere on earth endowed with the aforesaid faculty of absolving.

"Therefore, all Ordinaries of places must strive most earnestly lest the force of the things salutarily provided in the aforesaid Constitution gradually grow weak anywhere. But the Most Eminent Fathers, Cardinals and Supreme Inquisitors, recently learned that the same Constitution was not everywhere being put into execution as it ought to be, and that in some places certain abuses had crept in, both in fulfilling the burden of denunciation and in instituting judgment against solicitors, which could by no means be tolerated without harm to justice and provident severity. They therefore judged that it would not be unwelcome even to the Ordinaries of places if the Decrees made by this Supreme Congregation against those abuses according to the norms of the sacred canons were collected into one and placed before their eyes. For this purpose they ordered the present Instruction to be issued.

"1. Persons, whether men or women, whoever they may be, solicited to base acts in confession, or on the occasion or under the pretext of confession, as is explicitly prescribed in the aforesaid Constitution, must report the matter to the Holy See or to the Ordinary of the place.

"2. Every priest who solicits in confession must be denounced, even one lacking jurisdiction, and also one who consents to the solicitation of the penitent, although he immediately ceases to speak about the base matter, defers its completion to another time, and does not furnish absolution to the penitent. - From the Decree of 11 February 1661, confirmed in the Constitution Sacramentum.

"3. Denunciations of this kind can be omitted by no one without mortal fault. Penitents must be admonished concerning this matter, and their good faith does not excuse confessors from admonishing and instructing them.

"4. Priests constituted to hear sacred confessions who do not admonish their penitents concerning this obligation must be punished. - From the Declarations under dates of 20 March 1624 and 1 October 1626, in Albitius, On Inconstancy in Faith, chapter 35, no. 17.

"5. Penitents who have been admonished and altogether refuse cannot be absolved; but those who for a just cause must defer the denunciation, and pledge and seriously promise to make it as soon as they can, can be absolved.

"6. Anonymous denunciations against those soliciting to base acts have no force; for denunciations must be made judicially, namely, before the bishop or his delegate, with the intervention of an ecclesiastical man who acts as notary, and with an oath and the expression and subscription of one's own name; nor does it suffice if it is made by certificates or by letters without the name and surname of the author. - Albitius, place cited, no. 21. - Furthermore, it is forbidden that, in receiving denunciations, witnesses be present besides the judge and notary, each of whom must be an ecclesiastical man furnished with the special deputation of the bishop drawn up in writing. Care must also be taken that those denouncing are not asked whether they consented to the solicitation; and it would be most fitting if nothing were noted in the records concerning consent of this kind, however spontaneously manifested. - From the declaration of Urban VIII on Thursday, 17 April 1624.

"7. The burden of denunciation is personal and must be fulfilled by the person solicited herself. But if she is prevented by most grave difficulties from being able to accomplish this herself, then, either in person, or by letter, or through another person acceptable to her, she should approach her own Ordinary, or the Holy See through the Sacred Penitentiary, or even through this Supreme Inquisition, setting forth all the circumstances; and thereafter she should conduct herself according to the instruction which she will receive. But if necessity is urgent, she should conduct herself according to the counsels and admonitions of her confessor. Yet if, detained by no impediment, she altogether refuses denunciation, in this case and the other cases mentioned above the confessor is to be praised who has not denied his assistance to the penitent and has consulted either the Ordinary or the Holy See for suitable provisions, the name of the penitent nevertheless being suppressed. Approved authors hand down the formulas to be employed in these cases, among whom are Pignatelli, title 1, consultation 104; Carena; Albitius; etc.

"8. The case not infrequently occurs that a confessor or another ecclesiastical man is deputed by bishops, to whom this power certainly belongs, to receive denunciations in a matter pertaining to the crime of solicitation without the intervention of a notary. A sheet is appended to this Instruction concerning the manner in which a denunciation must be drawn up in these cases. For the most suitable men who are appointed to this most grave duty must be instructed concerning the act of denunciation to be received in judicial form, and admonished that immediately after receiving the denunciation they cautiously transmit it without delay to the bishop himself by whom they were deputed, and retain no copy or any trace of the completed act for themselves. And in approximately this manner the burden of denunciation is fulfilled without difficulty. Certainly, the Ordinaries of places must bring it about that there be no need to apply to places subject to their jurisdiction that which was declared for the missions of Pernambuco in America on 22 January 1627: namely, that women who have been solicited are not bound to denunciation if the ministers of the Inquisition and the vicars of the bishop dwelling in distant regions cannot be approached without grave inconvenience.

"9. If in the denunciations, as not rarely happens, other persons are indicated who were perhaps likewise solicited, or who can in some manner bear testimony concerning this crime, all these also must be examined separately in the judicial form expressed above; and they must be questioned first in generalities, and then by degrees, as the matter permits, descending to particulars, whether and how they themselves were in fact solicited, or saw or heard that other persons had been solicited.

"10. After a denunciation has been received, proceedings are not undertaken immediately, but the ecclesiastical superior must diligently inquire whether the person denouncing is worthy of faith. The crime of solicitation is for the most part perpetrated secretly; hence there is a privilege that, in cases instituted against this crime, even singular attestations are admitted for making full proof. But in the aforesaid Constitutions of the Supreme Pontiffs it is prescribed that proceedings are not to be undertaken with singular witnesses unless presumptions, indications, and other supporting evidence concur. Therefore, the weight of each denunciation and its qualities and circumstances must be seriously and accurately weighed; and, before proceedings are undertaken against the person denounced, it must be evident and established to the judge that the women or men denouncing are of good name and are not led to accuse by enmity or by another human affection. For witnesses of this kind, though singular, must be free from all private affections so that complete faith can be accorded to them. - From the Instruction given by command of Pius VI in the year 1775 to the Apostolic Vicar of Cochinchina.

"11. It is the custom of this Supreme Inquisition that, after one or two denunciations, a rescript be issued that the person denounced be observed, that is, that he be regarded as suspected concerning the crime reported, so that as soon as the matter has been established by new denunciations, he is to be summoned to judgment. For the most part, proceedings customarily begin only after the third denunciation. For a formal examination, parish priests or men of proven faith and distinguished virtue, especially ecclesiastics, are summoned; under oath to speak the truth and preserve secrecy, they are examined concerning the qualities of the persons denouncing and of the person denounced, and concerning their mutual hatreds and enmities. After these inquiries have been completed, the accused is brought to judgment and, before the judge, with the intervention of an ecclesiastical man who acts as notary, he must answer under oath to speak the truth concerning the individual circumstances of each denunciation and examination. The greatest care is taken that the names of those denouncing not be disclosed to the accused, and that the sacramental seal not be violated in any manner.

"12. When the truth of the crime committed has become evident, the accused having been admitted to his defense as the laws demand, one must proceed to forbidding him in perpetuity to hear confessions, withdrawing each and every faculty for that office granted to him even through any privilege or by the Holy See itself. The bishop himself, and not another delegated by him, shall pronounce a sentence of this kind; and, according to the measure of the fault and with all the circumstances considered, he shall also inflict upon the accused the other penalties which are decreed in the aforesaid Constitutions. Furthermore, if the accused confessed the crime in judgment, he must make a suitable abjuration, so that he may thus purge himself from the suspicion of heresy which he incurred; and he shall be punished with this penalty also in the sentence itself. It is to be noted that all penalties of this kind, and the incapacity itself for celebrating the most holy Sacrifice of the Mass prescribed in the Decree of Benedict XIV in August 1745, are only ferendae sententiae. Nevertheless, there must be abstention from inflicting degradation and handing over to the secular arm. That, indeed, was enacted by Gregory XV; but it must be regarded as imposed for terror rather than in order that it be put into execution. - Albitius, work cited, chapter 15, no. 13, and Benedict XIV in a private letter dated 11 November 1713 to Emmanuel de Azevedo, priest of the Society of Jesus.

"13. Those who, entirely unanticipated by any denunciations concerning this crime, moved by conscience, present themselves to the Ordinary of the place or his delegate, spontaneously confess the crimes of solicitation committed by them, and seek pardon, must be dismissed with a suitable abjuration and salutary penances only; with the counsel or precept added that they abstain from hearing the sacred confessions of the persons solicited. Nor are they to be affected by the other penalties mentioned previously, even if denunciations should subsequently be added. But those who, already anticipated by judicial process but not yet cited, spontaneously present themselves, and likewise those whom the Ordinary of the place shall discover, from denunciations received afterwards, to have confessed in their spontaneous appearance a truth not complete but diminished, do not enjoy the benefit of immunity; nevertheless, at the prudence of the Ordinary himself, let them be punished more mildly.

"14. That which must be most greatly cared for and observed in treating these cases, whether by Apostolic commission or by the proper right of bishops, is that these same cases, as pertaining to the faith, be conducted most secretly and, after they have been decided and already put into execution, be entirely suppressed by perpetual silence. All officials of the ecclesiastical curia, and any others whatsoever who are assumed for treating these cases or as advocates for defending them, must take an oath to preserve secrecy; and the bishops themselves and other Ordinaries of places are bound to preserve secrecy, as provided in law in the chapter Statuta, final, On Heretics, in the Sixth, and in the Clementine Multorum, section Porro, On Heretics. Those, however, who satisfy the burden of denunciation, and those who are subjected to examination in these cases, are bound, even if they are priests, to swear at the beginning to speak the truth and, when the act is completed, to preserve secrecy, touching the most holy Gospels of God. If these things are observed cautiously and sacredly, no danger of odium or infamy or any other danger whatsoever can be feared which would restrain either witnesses from speaking the truth or competent judges from investigating and punishing the crime of solicitation with condign penalties.

"15. It was granted by Pius VI in the Instruction mentioned above, given in the year 1775 to the Apostolic Vicar of Cochinchina, that, since it is most difficult in those regions so distant and dissimilar to observe exactly all the things which are to be observed in these cases, and since, if some of these things are omitted, justice does not permit penalties to be inflicted against accused persons concerning whose crime sufficient proof has not yet been made in judicial form, then it would perhaps be more prudent if, outside the order of judgment, proceedings were undertaken to meet so great an evil by easier and more expeditious means and methods, which the prudence of the Apostolic Vicar joined with zeal for souls will suggest in particular cases. But now everyone sees that this indulgence made for places so distant and dissimilar is neither common to all nor can rightly be introduced everywhere without the authority of the Apostolic See.

"16. Furthermore, if Ordinaries of places become involved in more grave difficulties in drawing up processes, or even, after a process has been drawn up, in pronouncing sentence against those soliciting to base acts in confession, they can, with the acts transmitted, refer the matter to this Supreme Congregation, which will furnish particular instructions adapted to the individual cases, as is often done, and will itself pronounce the definitive sentence if it shall be expedient.

"These are the things which conduce to the cautious and correct execution of the aforesaid Pontifical Constitution and which, as easily observed everywhere, this Sacred Congregation of the Supreme and Universal Inquisition earnestly commends to the pastoral zeal and solicitude of the Ordinaries.

"Given at Rome, 20 February 1867."

"1. Whether any confessor can absolve a priest who solicited in the act or place of sacramental confession.

"2. When a confessor can be considered guilty of a base sin, so that if he absolves an accomplice, he incurs the penalties and censures threatened by the Constitutions of Benedict XIV, Sacramentum Poenitentiae and Apostolici muneris?

"Response. To 1. Since solicitation, provided that it was simple, is reserved to the Holy See by no law, nothing prevents a soliciting priest, otherwise rightly disposed, from being absolved by any confessor.

"To 2. In order to discern when a confessor ought to be regarded as guilty of an external base sin grave in its kind, so that if he attempts to absolve an accomplice he ought to be regarded as bound by the penalties and censures inflicted through the Constitutions of Benedict XIV, let him consult approved authors, and especially Saint Alphonsus de Liguori." Holy Office, 15 September 1859.

"1. Whether a confessor is to be denounced who gives the penitent in confession a paper to be read later at home, in which he solicited her to venereal acts? - The Lord Qualifiers judged that he is to be denounced and that the negative opinion is not probable.

"2. Whether a confessor consenting to solicitation, but immediately ceasing to speak of that base matter, deferring its completion to another time, and not furnishing absolution to the penitent, falls under the penalties contained in the Bull of Gregory and is to be denounced? - They judged that he falls under them and that the confessor is to be denounced, the contrary opinion, which they judged not to be probable, having been rejected.

"3. Whether a confessor, when soliciting, is to be denounced because of the smallness of the matter? - Since in venereal matters there is no smallness of matter, and even if there were, there would be none in the present matter, they judged that he is to be denounced and that the contrary opinion is not probable.

"4. Whether a confessor who solicits a woman saying in confession that she wishes to confess on the following day, and dissuades her from confession, is to be denounced? - If the solicitation takes place outside the place of confession and without the pretext of confession, they judged the negative opinion to be probable; otherwise, if it occurs in the confessional or in the place of confession.

"5. Whether a priest lacking jurisdiction is to be denounced if he solicits a penitent in confession? - They judged that he is to be denounced and that the negative opinion is not probable.

"6. Whether an interpreter is to be denounced if he solicits a penitent in confession? - They judged that the negative opinion is not without its probability.

"7. Whether one commanding a confessor to solicit in confession is to be denounced? - They judged that the negative opinion is not without its probability.

"8. Whether, when the confessor and penitent solicit one another, the confessor is to be denounced? - They replied affirmatively and judged that the negative opinion is not probable.

"9. Whether a confessor who has been solicited is to be denounced if, induced by fear, he consents to the solicitation? - They judged that he is to be denounced and that the negative opinion is not probable.

"10. Whether a confessor falls under the penalties of the Apostolic Constitution against solicitors if he solicits a woman in other sacraments, namely Baptism or Matrimony, and whether he is to be denounced and, after denunciation, can be punished by the Inquisitors? - Concerning each article they judged the negative opinion to be probable.

"11. Whether a confessor who solicits a penitent to illicit acts other than venereal acts is to be denounced? - They judged the negative opinion to be probable.

"12. Whether a confessor, if he praises a penitent for her beauty and loveliness, is said to solicit her and is therefore to be denounced? - They judged that, if that praise is serious and savors of no depraved intention, the negative opinion is probable. But if otherwise, it is not probable.

"13. Whether a confessor who has abjured because of another solicitation is to be denounced (that is, if, otherwise accused of solicitation, he has detested heresy)? - They judged the negative opinion not to be probable and therefore that he is to be denounced; this was also resolved on 26 July 1628.

"14. Whether anyone is bound to denounce a soliciting confessor if he heard this not from persons worthy of faith, but only from frivolous persons? - They judged that the negative opinion is not without its probability.

"15. Whether a confessor sitting in the confessional who solicits a woman standing before the confessional, without pretending that it is a confession, is to be denounced? - They judged that the negative opinion is not without its probability."

"16. Whether a confessor who, while hearing confession, gives a gift to a woman, so that by this act he is said to have solicited her, is to be denounced? - They gave the same reply as to the twelfth."

"1. Whether places in which the confessions of nuns are customarily heard are to be regarded as places appointed for hearing confessions, like true confessionals? - 2. Whether the same is to be said concerning places constructed in the form of those in which the confessions of cloistered nuns are customarily heard, in which are heard the confessions of women dwelling in places commonly called Conservatories or Retreats? - 3. Insofar as they are to be regarded as true confessionals, whether they are to be considered such only with respect to nuns and others dwelling in the aforesaid places, or also with respect to other women from outside? - Response. To the three doubts, affirmative." Holy Office, 25 November 1874.

"1. Whether by the words pretending to hear confessions in the Bull against solicitors, solicitation and confession, either true or simulated, are required conjointly, so that unless these two circumstances concur, the burden of denouncing ceases.

"2. Whether, when a room for hearing confessions is also a place of conversation for the confessor, the burden of denouncing arises insofar as solicitations occur there.

"Response. To 1. The concurrence of either one suffices. - To 2. Affirmative." Holy Office, 28 April 1700.

"The Pontifical Constitutions issued against solicitors embrace all nations and consequently bind Greeks as well as Armenians to their observance." Holy Office, 13 June 1710.

"It was resolved on 28 June 1597, 28 February 1598, and 15 April 1612 that, when the woman is noble and modest and cannot be induced to give testimony, the Sacred Congregation is to be consulted in the City of Rome. But outside the City, the bishop or inquisitor is to be consulted; if they have difficulty, let them consult the Sacred Congregation; but if not, let them give confessors the faculty of absolving the penitent who for just causes refuses to denounce, who nevertheless must be absolved under the condition that, when the causes cease, she is bound to do this, and also not to approach the confessor by whom she was solicited." Albitius, On Inconstancy in Faith.

"Whether a denunciation of solicitation must be made even though the solicitor is deceased.

"Response. Negative, provided that the solicitation is not joined with certain and formal heresy." Sacred Congregation of the Holy Office, 6 March 1839.

Form for receiving a denunciation without the intervention of a notary, from the cited Instruction, A. S. S., vol. 3, p. 505 ff.

"On the ... day of the month of ... in the year ..., there appeared voluntarily and personally before me, the undersigned, stationed at ... (he shall note the place where he is found for receiving the act), specially delegated for this act only by the Most Illustrious and Most Reverend N. N., as appears from the letters of the same Ordinary directed to me and dated ... (he shall state on what day the letters themselves were written), which are to be attached to the present record, N. N. (he shall write the name, surname, father, native place, age, condition, and residence of the person denouncing; and if she is a religious, he shall also state the name by which she was called in the world. He shall then continue), to whom was administered the oath to speak the truth, which she took by touching the Most Holy Gospels of God (which he shall have her touch); she set forth as follows, namely:

"Here the person denouncing must declare in the vernacular language that she knows the Ordinary of the place has obtained the faculty to receive, without the intervention of a notary, that which she is about to set forth for the relief of her conscience, because for just causes she cannot present herself to the same Most Reverend Prelate; then she must relate continuously the matters pertaining to the solicitations made to her, whether they were words, writings, or acts, accurately describing the place, time, occasion, occurrences, and individual circumstances, and also whether these things happened in the act of confession or before or after sacramental absolution. She must name the confessional and the soliciting confessor himself; and insofar as she does not know, or has forgotten, his name and surname, she shall accurately describe his person, noting all his distinguishing characteristics, so that he can be recognized. Let the delegate take notice that the person denouncing is not to be asked whether she in any manner gave or refused consent to the base act, since she is not bound to manifest her own defects. After these things have been written out as they are related, the delegate shall require what follows, and nothing else besides.

"Asked whether she knows, or has heard it said, that the said N. N. (naming the person), a confessor, solicited other penitents to base acts; and insofar as, etc.

"She answered: (He shall note the answer, and if it is affirmative, he shall inquire into the names and surnames of the persons solicited and the cause of her knowledge).

"Asked concerning the reputation of the aforesaid confessor N. N., both with her and with others; and insofar as, etc.

"She answered: (He shall write out the answer).

"Asked whether she made the aforesaid deposition from hatred or love, and concerning enmity and other general matters, etc.; and insofar as, etc.

"She answered: Rightly (if she says that she denounced in order to relieve her own conscience). If more than one month has elapsed since the solicitation, she shall also be asked:

"Asked why she delayed so long in denouncing the aforesaid matters to her own Ordinary and relieving her conscience?

"She answered: (He shall note the answer).

"The act is to be closed in this manner.

"These things having been had and received, etc., the man (or woman) was dismissed, having been sworn (or sworn, feminine) to preserve silence by touching anew the Most Holy Gospels of God (she shall swear again upon the Gospel), and in confirmation of the foregoing signed her name (and if she does not know how to write), and since she did not know how to write, as she asserted, she made the sign of the Cross (he shall require her to make the sign of the Cross with the pen).

"After the person denouncing has signed her name or made the sign of the Cross, the delegate shall sign himself in this manner:

"These acts were done through me, N. N., specially delegated as above by the Most Illustrious and Most Reverend Prelate N. N.

"He shall then transmit the entire act directly to his own Ordinary who delegated him, together with the instruction and letters received, retaining absolutely nothing with himself."

"1. In no. 10 of the Instruction of the Sacred Roman and Universal Inquisition concerning the observance of the Apostolic Constitution Sacramentum Poenitentiae, it is commanded that, before proceedings are undertaken against the person denounced, it must be evident and established to the judge that the women or men denouncing are of good name and were not led to accuse by enmity or by another human affection.

"2. A precept of this kind, like all things which pertain to the manner of proceeding of this Supreme Tribunal, is to be regarded as of the strictest law, so that, if it is neglected, proceedings cannot continue further.

"3. Nor is it sufficient that this become known in just any manner, but it is altogether necessary that it become known to the judge in a certain judicial form; in the forum of the Holy Office, usage has obtained that this is signified by the proper expression: to conduct inquiries concerning the person denounced and those denouncing him.

"4. But now, since this Supreme Tribunal has perceived that this is not always observed by everyone, or is observed only after a long time, namely, when the reception of testimony is difficult and sometimes impossible, it has ordered this Instruction to be issued on this matter as a norm for the Most Reverend Ordinaries.

"5. Therefore, whenever the Ordinary receives any denunciation concerning the unspeakable crime of solicitation, he shall proceed immediately to conduct the inquiries. For this purpose, either by himself or through a priest specially delegated by him, he shall summon separately, and with the circumspection which is fitting, two witnesses, as far as possible from the ecclesiastical body, but in any case above every exception, who know well both the person denounced and each and every person denouncing. He shall judicially question them under the sanctity of an oath to speak the truth and preserve the secrecy of the Holy Office, setting down their testimony in writing according to the following formula; and as soon as possible he shall transmit directly and by a secure route to this Supreme Congregation an authentic copy of both testimonies together with the respective denunciation.

"6. It was said: 'either by himself or through a priest specially delegated by him'; for nothing prevents the Ordinary, for a reasonable cause, from entrusting this duty to some pious, learned, and prudent priest, provided that a special delegation is imparted to him in the individual cases and the oath to discharge the duty faithfully and preserve the secrecy of the Holy Office has first been administered to him.

"7. But if only two witnesses cannot be found who know at the same time the person denounced and each and every person denouncing, more must be summoned. In this case, namely, as many witnesses as above will have to be summoned as will be necessary so that there may be twofold testimony with respect to the person denounced and each person denouncing.

"8. Whenever, moreover, an oath to preserve secrecy and, for the diverse cases, to speak the truth or to discharge a duty faithfully is to be administered, the oath itself must always be taken by all, even priests, touching the Most Holy Gospels of God, and not otherwise. It shall be within the power of the Ordinary, if he shall judge it necessary or expedient because of the circumstances of affairs, places, or persons, to threaten violators with an excommunication incurred by the fact itself and reserved in a special manner to the Roman Pontiff.

"9. The formula of interrogation follows.

"On the ... day of the month of ... in the year ...

"Having been summoned, there appeared personally before me, the undersigned Bishop of ... (let the name of the diocese be noted. But a delegate shall say: before me, the undersigned, specially delegated by the Right Reverend Lord Bishop of ... for this act only), stationed at ... (let the place where the business is conducted be noted),

"N. N. (name, surname, and qualities of the witness summoned), to whom was administered the oath to speak the truth, which he took by touching the Most Holy Gospels of God, was asked by me:

"1. Asked: Whether he knows the priest N. N.? (name, surname, and qualities of the person denounced).

"He answered: ... (let his response be written out in the language which the witness uses).

"2. Asked: What is the manner of life of this priest; what are his morals; what is his reputation among the people?

"He answered: ...

"3. Asked: Whether he knows the men or, as is more often the case, the women N. N.? (name, surname, and qualities of each person denouncing).

"He answered: ...

"4. Asked: What is the manner of life of each of them; what are their morals; what is their reputation among the people?

"He answered: ...

"5. Asked: Whether he considers them worthy of faith, or, on the contrary, judges them capable of lying, calumniating in judgment, and even committing perjury?

"He answered: ...

"6. Asked: Whether he knows if there has ever perhaps existed between them and the aforesaid priest any cause of hatred or enmity?

"He answered: ...

"Then, the oath to preserve the secrecy of the Holy Office having been administered to him, which he took as above, he was dismissed; and before departing he signed his name in confirmation of the foregoing.

"Autographic signature of the witness or his sign of the cross.

"These acts were done through me, N. N. (name, surname, and qualities of the Bishop or his Delegate who received the testimony).

"Given at Rome, 6 August 1897."