II. On the Negative Obligations of Clerics

Is it lawful for clerics to bear arms? - The bearing of arms, necessity being excluded, is prohibited to clerics by canon law. C. Clerici 2 de Vita et honest. cler. The reason is that the bearing of arms is unbecoming to the character of clerics, who after the example of Christ ought to be meek and humble of heart. Hence theologians with Benedict XIV, Notification 101, say that clerics in sacred orders who embrace military life sin gravely. Nevertheless those are not to be reprehended who cooperate in a just war by counsel, exhortation, or even help; and if they have temporal jurisdiction, they can declare war, enroll an army, provide arms, provided they do not bear arms nor discharge the office of commander. Necessity being excluded; because necessity has no law. C. Dilecto 6 de Sent. excomm. in 6; in Canon Law this is not repugnant by divine law. Hence even priests fought in the Old Law, 1 Macc. 10. Suarez de Censur. d. 47, s. 6; Lugo, Resp. Mor. l. 5, d. 14; S. Th. 2. 2. q. 40, a. 2. "The dispositions by which it is provided that clerics subject to military service not be promoted to major orders before that military service has been completed are preceptive." S. O., August 31, 1904. Cf. E. M.

As regards those, moreover, who are held to perform military service, the rules, precepts, and documents handed down by the S. O. on September 16, 1875, are to be observed.

Religious likewise bound to military service cannot be admitted to sacred orders and to solemn profession in regular orders. But in Institutes of simple vows, they will be able to be admitted only to temporary vows until the time of military service. When that is finished, the former must remain in simple vows at least for a year; the latter will emit profession again for a year. S. C. de Relig., January 1, 1911. Clerics who in any way bring aid to civil wars and political contentions, deserting their proper place of residence or clerical garments, immediately remain suspended from the exercise of orders and grades, and from any ecclesiastical office and benefice; and they become incapable of obtaining any ecclesiastical offices or benefices in the future, every faculty of dispensing being taken away from Ordinaries. Cf. here 1240. Clerics likewise generally are prohibited from involving themselves in political parties, which often is not without scandal of the people.

Are fishing and hunting prohibited to clerics? - Fishing is lawful, as something which by its nature is altogether quiet, nor is it read anywhere as proscribed. But frequent and clamorous hunts are interdicted, namely those which are done with great apparatus of men, dogs, hawks, nets, and arms. If they are done rarely, they lack grave fault; if they are quiet, they are lawful, unless they are positively prohibited by the Ordinary. But so that they can be exercised with arms, the permission of the Ordinary is needed. C. 1 de Cler. ven.; C. 1 Ne cler. vel mon.; Trent s. 24, c. 12 de R.; Benedict XIV de Syn. l. 11, c. 10, n. 6-10; L. l. 3, n. 606; S. Th. 2. 2. q. 168, a. 2.

Is the game of dice prohibited to clerics? - A game of dice is said to be one which is wholly situated in pure chance, and whose outcome depends on mere accident, without the skill of the player obtaining any part in it; such is, for example, the game of knucklebones. As regards inferior clerics, doctors commonly say that this is not positively prohibited, because as regards them, at least from custom, the canons have been derogated, just as regards laymen. But it is prohibited to clerics constituted in orders and to beneficed clerics. This is established: 1. from natural law, because, speaking in itself, it is unbecoming to a cleric and brings scandal; 2. from canon law. Lateran Council IV, can. 16; Trent s. 22, c. 1 de R.; Benedict XIV de Syn. l. 10, c. 2, n. 2; l. 11, c. 10; L. l. 3, n. 884, 895.

Do clerics playing dice sin gravely? - If there is question of a public gambler, all agree that he sins gravely if he exposes a large quantity of money in the game, or a modest quantity, but the game is not only frequent, but also for a long time. The reason is that the sacred canons prohibit games of chance to clerics, C. 15 de Vit. et hon. cler.; C. 11 de Excess. prael., and because the game of dice notably dishonors the clerical state, drawing the mind too much away from divine things. Frequent, for a long time: "What sort of frequency is mortal? Bordon thinks it is to play once in a week, but Roncaglia deservedly thinks this too rigid. Indeed Lessius and Wigandt think that clerics playing for a brief time, even if often, for the sake of recreation, are not to be condemned of mortal sin, unless the proper statutes of the diocese prohibit it." L. l. 3, n. 896-898.

Here account must be taken of the reason of scandal and of custom. Wherefore there must be weighed "the quality of the person, whether he is of great or small estimation; for clerics who do not lead so exemplary a life in reality do not introduce grave scandal if they are seen even frequently to be occupied in such games, provided they do not neglect their own ministries. Indeed they provide no scandal if they do this merely for the sake of recreation. And this can truly be said to be excused by today's universal custom, which certainly differs from that ancient strict discipline of the primitive Church." L. l. c. n. 900. "Clerics who rarely, moderately, and privately, without scandal, play dice do not sin gravely. Indeed probably not even venially, if they play for the sake of recreation in a place where the aforesaid canons are not rigidly observed." L. l. c. n. 899.

As regards religious, they, because of their state and the scandal of others, can more easily sin gravely by playing dice or knucklebones. Nevertheless, scandal and a precept to the contrary being set aside, religious also are excused from mortal sin if they play for a small amount or not frequently; and they are also excused from venial sin if they do it on account of a reasonable cause, for example to console a sick person or a sad companion. Indeed this is lawful even for the sake of recreation and with due moderation, where it is permitted by approved custom. L. l. c. n. 872, 873.

As regards Bishops, they, if they play dice, since this is very unbecoming to the episcopal state, can scarcely be excused from mortal sin. "A Bishop," says S. Alphonsus l. c. n. 902, "playing a game of mere chance even once, I think can with difficulty be excused from grave scandal; just as also I judge if they are frequently occupied in other games of cards not altogether fortuitous." L. l. c. n. 898-902; S. Th. 2. 2. q. 168, a. 3.

Is every game of cards judged aleatory? - One game of cards is of pure chance and altogether aleatory; but another is mixed, partly aleatory, partly depending on the skill and industry of the player. Concerning the former the same must be said as above concerning dice. But since by present custom the prohibition of the ancient canons seems greatly tempered, the reason of scandal must rather be attended to in practice. But the latter kind of game is not to be held as unlawful, if the reason of scandal and a special law prohibiting it are absent; for it is not properly an aleatory game.

Do clerics or religious sin mortally who, by being present, watch those playing dice? - "This indeed is prohibited by C. Clerici 15 de Vita, etc., where they are commanded not to be present at games of this kind. Commonly, however, doctors deny that they sin mortally in this, unless they were the cause of a mortal game, or negligently corrected the players, or unless they took complacency in such a game insofar as it is mortal; otherwise if they were present only for the sake of delighting themselves in the skill or fortune of those playing.... Bishops, however, who are present at these games deliberately and frequently can with difficulty be excused even from the sin of grave scandal." L. l. 3, n. 903; Sanchez, Cons. Mor. l. 1, c. 8, d. 29.

Do clerics sin mortally by being present at bullfights? - S. Pius V, by a motu proprio of November 1, 1567, prohibited the aforesaid agitation of bulls and other wild beasts to all, and brought excommunication upon clerics, both secular and regular, obtaining ecclesiastical benefices or instituted in sacred orders, who were present at it. Gregory XIII, on August 2, 1575, by another motu proprio moderated the former. Finally Clement VIII, on January 3, 1596, moderated still more the motu proprio of S. Pius V. Gutierrez apud Sanchez, Cons. Mor. l. 1, c. 8, d. 31, teaches that through the Constitution of Clement the prohibition made to secular clerics constituted in sacred orders or obtaining benefices, of being present at the agitation of bulls, was not taken away. But this is not sufficiently established from the words of the Pontiff. Nevertheless the S. Penitentiary, on September 19, 1893, responded that it cannot be tolerated that a priest be present at the circus, even by force of custom. Regulars, moreover, were positively and clearly excepted by the Pontiff himself from his limitation, and therefore they are prohibited from being present. Villada, Cas., etc., p. 1, p. 344; S. Th. 4, d. 16, q. 4, a. 2, q. 3; E. M.

What about entrance into taverns; about dances and comedies; about dwelling with women? - Entrance into eating-houses and taverns outside necessity is altogether forbidden to clerics, C. Clerici 15 de Vit. et honest. cler. And certainly this is too opposed to clerical modesty and gravity.

To be present at dances, both public and private, and at public comedies, synods everywhere, after Trent s. 22, c. 1 de R., s. 24, c. 12 de R., prohibit clerics under the precept of obedience, as Benedict XIV notes, de Syn. l. 11, c. 10, both because of the grave disgrace of the clerical state which usually arises from this, and because of the danger to which the holiness of clerical life is exposed, and because of the grave scandal of laymen. C. 15 de Vit. et honest. cler.; L. l. 3, n. 427, 429.

Nevertheless this does not prohibit clerics, for the sake of honest recreation and exercise, from acting in those representations or being present at them which are held in communities, with the rules of modesty and temperance, however, observed. There are also certain public spectacles which do not seem so unbecoming to clerics, such as military exercises, horse races, enclosures of wild beasts, feats of jugglers, extraordinary musical gatherings, etc. Here the whole matter must be judged from the nature of the thing itself, from the custom of the region, from the place, from the frequency, from the quality of the person, and the like. And it must be observed that vain and lascivious music is also prohibited in Churches, but by no means pious music, which by its harmony can excite to devotion. Trent s. 22 de Observ. et vit., etc.; Benedict XIV, encyclical Epistle Annus qui, February 21, 1749, § 3 ff.; Notification 37; S. R. C., July 7, 1894, n. 3830.

By Decree of the Vicariate, July 15, 1909, the clergy, both secular and regular, are prohibited at Rome from being present at public Cinematographs, without any exception. A. A. S. v. 1, p. 600.

Dwelling under the same roof with women is prohibited to clerics, unless they need them and they are free from every suspicion. Such are presumed to be blood relatives in the first and second degree and relatives by affinity in the first; but not likewise in the second, unless one owes reverence to the other, as the widow of an uncle or of a nephew; nor likewise strangers, unless they are both of proved virtue and regularly of advanced age. All these things must be in the estimation of the Ordinary. Advanced, that is, they must be at least forty years old. Regularly; for it is lawful to dwell with younger women, the wives of one's servants, or maidservants or attendants of those who are of the household. C. 1, 9 de Cohabit. cler.; C. 27, d. 81; Trent s. 22, c. 1 de R., s. 25, c. 14 de R. The reason is the danger of fall and of scandal. Benedict XIV, Instructions 82, 83; de Syn. l. 11, c. 4, n. 7; Pirhing l. 3, t. 2, n. 2, 3; Reiffenstuel l. 3, t. 2, n. 8; E. M.

Is trade lawful for clerics? - Trade properly so called is interdicted to clerics constituted in sacred orders, and to all religious, so that they sin gravely if they devote much labor to trade. Trent s. 22, c. 1 de R.; C. 15, 16 de Vit. et honest. cler.; C. 1, 3, 6 Ne cler. vel monach.; L. l. 3, n. 381; S. Th. 4, d. 16, q. 4, a. 3, q. 3.

Trade properly so called is when someone buys a thing with the intention that, by selling or exchanging it whole and unchanged at a dearer price, he may gain. Can. 3, caus. 14, q. 4; S. Th. 2. 2. q. 77, a. 4. Properly so called, or lucrative; for there is usually also distinguished economic trade, by which things necessary for sustenance are bought and superfluous things are sold; and artificial trade, by which something is bought so that, changed either naturally or by one's own industry, it may be sold. Neither of these is prohibited in itself. But if things are changed by another's industry, or by hired workers, or if things are sold in a public workshop, this too is unbecoming to the clerical state. For this artificial trade denotes a gain-seeking mind, equally as lucrative trade does, in either case. Cf. Bizzarri ed. 1885, p. 238.

Constituted in sacred orders; for the common opinion is that trade is not prohibited to clerics in minor orders. But it is doubted whether it is forbidden to beneficed clerics in minor orders. Molina, etc., deny it. But the opposite is better to be held with the common opinion, which Lugo, etc., hold. L. l. c.

If they devote much labor to trade; for a cleric does not sin gravely by exercising trade two or three times when it is not shameful and not in a great quantity, because the laws speak of one exercising it. Hence, even if he trades only once or again in grave matter, Cajetan, Salas, etc., probably hold that he does not even sin gravely. L. l. 3, n. 831. For trade to be forbidden to clerics, there is required the mind of buying more cheaply so that it may be sold more dearly; hence it is lawful for them to sell more dearly so that they may buy more cheaply. L. l. c. 336.

Benedict XIV, Bull Apostolicae servitutis, February 25, 1741, established that the penalties inflicted against cleric-traders must also be extended to clerics illicitly trading in any way under the name of a layman, just as if they illicitly exercised those same businesses by themselves and in their own name. These penalties are of ferendae sententiae as regards clerics and monks. But as regards missionaries of the East Indies and of America, to whom trade and commerce are more gravely interdicted, these penalties are incurred by them by the fact itself from the Constitution of Urban VIII Ex debito, February 22, 1633; Clement IX, Sollicitudo pastoralis officii, June 17, 1669; and Resolution of the S. O., March 6, 1817. Cf. 1218.

Clement XIII, Bull Cum primum, September 17, 1759, again prohibited clerics from trading through interposed persons, and especially from exercising active exchange through others, namely from acting the parts of a money-changer; adding that if necessity of the family is present, or if a business comes to him by some title from laymen, a cleric still cannot trade without permission of the Apostolic See in Italy, and outside Italy, without permission of the Bishop. Moreover he adds that if a doubt arises concerning some contract, whether it can licitly be entered by a cleric, "the most expeditious way is to write to the S. Congregation of the Council, which will decide the doubt." L. l. c. 832, 833. But from received customs, if a cleric has succeeded his father in businesses of this kind together with his brothers, he is permitted to exercise them through others. Likewise no permission is needed if someone trades in order to procure the necessities of life for himself, and not only for his state.

It is certain that it is not lawful for clerics or religious to lease the things of laymen for the sake of making gain. The reason is that although this is not properly trade, but only a certain species of trade, nevertheless it is forbidden by the Council of Chalcedon, C. Pervenit 1, caus. 21; C. 1 Ne cler. vel mon. And therefore from another's farms it is not lawful to fatten sheep, swine, etc., so that they may afterward be sold, unless somewhere a contrary custom flourishes. To lease; for he who succeeds to the lessee will be able to retain it. Fagnan on C. 1, n. 81 Ne cler. vel mon.

By no law is it forbidden to clerics to give a loan to others, and consequently to buy obligations of companies, or even shares, provided however that the companies set no illicit end before themselves, that they do not involve themselves in the administration and trade of those companies, and that they abstain from any trade of those obligations and shares. S. O., April 15, 1885.

Neither by an obligation nor by a share can one be said to exercise commerce and trade through an interposed person. For the company itself, whether industrial or even trading, certainly does not exercise industry or trade by mandate or in the name of such a bondholder or shareholder, but altogether independently of him. The bondholder and shareholder only cooperates by helping with his money given. La-Croix l. 3, p. 2, n. 1005, 1006; Molina d. 339, n. 2; Lugo de Inst. d. 26, n. 29; Resp. Mor. l. 3, d. 20; L. l. 3, n. 834, 835; Benedict XIV de Syn. l. 10, c. 6; S. Th. 2. 2. q. 77, a. 4 ad 3; E. M.

The obligation of a company is a title for receiving a certain fixed emolument from money given to the company as a loan. Wherefore through an obligation someone becomes a creditor of the company. A share of some company is a title by which someone, on account of the sum contributed to the company, has a right to receive a variable, proportionate emolument. Through a share someone becomes a partner of the company, but not for that reason an administrator.

It is likewise prohibited to all clerics to exercise the offices of president, moderator, secretary, treasurer, and similar offices in money chests, rural banks, savings banks, and other similar works for the temporal assistance of the faithful. S. C. Consist., November 18, 1910.

You will resolve: It is not trade prohibited to ecclesiastics or religious if from their own grapes they make wine, even through others, and sell it; if they buy cattle which, fattened on their pastures, they sell, because they sell the fruits of their own estates or fields; nor likewise if they nourish flocks so that they may sell the offspring, milk, and wool.

Nor does a cleric sin: 1. If he buys a field with fruits already mature and sells them, because he sells the fruits of his own field. 2. If that which he had bought for his own uses he afterward, either because he does not need it or because his plan has changed, sells more dearly. 3. It is also lawful in itself for clerics to buy iron in order to sell swords; colors, in order to sell paintings; wool, in order to sell cloth, provided however that they themselves make these things, but not through hired workers, because otherwise this would come very close to trade; and likewise provided that they themselves do not sell these things in a public workshop, which would be unbecoming. L. l. c. 834, 836; E. M.

Is it lawful for clerics to alienate the things of the Church? - Paul II in the Extravagant Ambitiosae de Reb. Eccl. non alienand. prohibits, under grave penalties, the alienation of immovable goods and precious movable goods of the Church which can be preserved; and he declares the alienation altogether invalid. L. 187. Cf. 1209 and vol. 1, n. 1173; C. I. 434; C. G. 2045: the goods of ecclesiastical Institutes cannot be alienated without the approval of the Government.

What arts and offices are prohibited to clerics? - It is prohibited to clerics in sacred orders and to monks to exercise medicine and surgery where there is need of incision, amputation, or cauterization, and no necessity is present; and indeed under irregularity if mutilation or death follows from it. For this is opposed to the gentleness which all clerics ought continually to have. If however a skilled person is not present and the case is urgent, a cleric will be able without sin, and therefore without danger of penalty or irregularity, to effect an incision or cauterization. Likewise other ecclesiastics can be present with the best counsels of the healing art. But to exercise the medical art publicly, on account of indecency, is altogether alien from present practice, although it is done without cauterization and incision. It is also prohibited to clerics and monks to hear civil law and medicine publicly. But as regards law, because of the changed circumstances of times, it is permitted to hear it publicly in schools with due permission of their own superiors. Likewise it is permitted, with permission of Ordinaries and with every indecency removed, to hear lessons concerning pastoral medicine, which according to present practice are customarily had. But secular and regular clerics who frequent Government Universities for the sake of studies must observe the prescriptions established by the S. C. of Bishops and Regulars, Instruction Perspectum, July 21, 1896. These laws oblige all. Clerics cannot frequent the aforesaid Universities without permission of their Ordinary, nor religious without permission of their Superior General and without urgent necessity. Likewise every art which is generally judged contrary to the honor of the clerical state is prohibited to all clerics by the same canon law, such as the art of butchers, tavern-keepers, jesters, actors, etc. Decretals, titles de Vit. et honest. cleric.; Ne cler. vel mon., etc.; Lugo, Resp. Moral. l. 4, d. 34; E. M.

Moreover, beneficed clerics or those in sacred orders are everywhere by canon law prohibited under grave obligation from exercising the following offices: 1. Of tutor, curator, or procurator of minors, and any other which is of public ministry, such as prefect of a city, quaestor, etc., and which obliges them to render accounts concerning justice or concerning goods administered, except the case in which the wards or minors are near relatives of the clerics. Cf. C. un. de Oblig. ad ratiocin.; Clement XIII, C. Cum primum, par. Et parem; C. I. 246. But by present practice it has been received that they can be deputies, senators, and municipal councilors, unless a special prohibition is present.

2. Of judge in a case of blood; of soldier; of advocate, procurator, and notary in secular courts, except the case in which the cleric acts a cause either his own, or of his Church, or of a poor person, or of a person joined to him in the fourth degree; of administrator of the goods of a private lay person, not miserable, with the obligation of rendering accounts of the substance administered. For the rest, doctors do not dare to condemn of mortal sin a cleric who by such procuration would not neglect his ministries, especially if he did this not for the sake of avarice, but to preserve more fittingly his own state and that of his family. For the Law speaks only of him who so immerses himself in procurations of this kind that he would be compelled to neglect his ministries. L. 190; l. 3, n. 838. Decretals l. 1, t. 37 de Postulando; Trent s. 7, c. 14 de R., s. 23, c. 1 de R.; Benedict XIV de Syn. l. 13, c. 10; S. Th. 2. 2. q. 187, a. 2; q. 71, a. 2; Lugo, Resp. Mor. l. 4, d. 29; L. 189; l. 7, n. 384, 385, 389; E. M.

185 bis. Note: No one from the secular clergy can frequent royal Universities without the express permission of his Bishop, and no Religious without the express permission of the General Superior. Permission cannot be given except to those who have first completed with praise the philosophical and theological course. If the University is in another diocese, the young men must present themselves to the Bishop of the place, and as much as can be done, they must stay in the Seminary. Religious, however, either in their own house, or in another religious house, or in a seminary, or in some ecclesiastical Institute. Those who have given their name to some Catholic University, or likewise to a Catholic Institute, are not to learn in a civil University the disciplines concerning which there have been teachers in these. Pius X, Motu Proprio Sacrorum antistitum, September 1, 1910. Secular clerics cannot direct journals or periodical sheets without permission of the Ordinary. Nor can they exercise the office of Deputy without the consent of their own Ordinary and of the Ordinary of the place where they wish to present themselves as candidates. Thus it has been decided several times. Clerics and priests are prohibited from giving their name to any society which does not depend on the Bishops. Cf. 1240 bis.