IX. Privileges of Clerics, Bishops, Regulars

What are the privileges of clerics and churches? - 1. The privilege of forum, by which they are exempted from lay magistrates in civil and criminal matters. C. Nullus 2 de For. comp. This privilege belongs to clerics constituted in sacred orders, beneficiaries, and others, whether regular or secular, if nevertheless these latter, i.e., simple clerics, "wear the clerical habit and tonsure, serve some Church by command of the Bishop, or are engaged in some school or University by license of the Bishop, as on the way to receiving major orders." Trent, s. 23, c. 6 de R.; s. 25, c. 20 de R. Wherefore ecclesiastics enjoy exemption concerning their persons, and cannot be judged and punished by a lay court. They also enjoy the privilege of exemption from military service and other civil offices which are by no means fitting for a cleric. Pr. 32, Syll. - They likewise have exemption, says St. Alphonsus, 20, as regards their own goods, both ecclesiastical and acquired in whatever other way; whence in respect of these they are not held to pay any tax. - But various Concordats and legitimate customs must be attended to. Indeed, as regards taxes to be paid, these are paid everywhere; nor is any protest had against them. Wherefore this privilege at least de facto is not in force. - Schmalz., l. 2, t. 2, n. 80 ff.; Bened. XIV, de Syn., l. 12, c. 6, n. 5; L. 18 ff.; A. S. S., vol. 2, p. 128, 431, 584. Judges compelling laymen to drag ecclesiastical persons to their tribunal incur excommunication reserved in a special way to the Supreme Pontiff. C. Apostolicae Sedis. Cf. vol. 2, n. 1170.

2. The privilege of C. Odoardus 3 de Solut., namely that a cleric debtor not be condemned beyond that which he can give, and therefore with sustenance left to him, if because of poverty he cannot pay his debts, until he has come to a richer fortune. E. M.

3. The privilege of canon, namely of the Lateran Council, A.D. 1139, under Innocent II, by which those who strike clerics incur by the fact itself excommunication reserved to the Roman Pontiff, C. of Pius IX, Apostolicae Sedis de Censuris. And notorious strikers of clerics, so that the fact cannot be hidden by any tergiversation, nor excused by any suffrage, are excommunicates to be avoided. Extravag. of Martin V, Ad evitanda. From these privileges are despoiled clerics who have been really degraded; jesters, goliards, or buffoons; likewise those exercising the base trade of executioners, butchers, or taverners; married men not wearing clerical habit and tonsure, or, if unmarried, falling into the manner of laymen; if, having been admonished three times, they have not come to their senses within a suitable term, C. Clerici un. de Vit. et hon. cl. in 6; Clem. Dioecesanis 1 de Vit. et hon. cleric.; clerics involving themselves in tyranny or enormity, having laid aside the clerical habit, C. Perpendimus 23 de Sent. excomm.; bigamous clerics, who have taken two legitimate wives or a widow, C. Altercationis un. de Dig. in 6; C. Clerici de Cler. coniugat. in 6: cf. Trent, s. 23, c. 6 de R.; Schmalz., l. 5, t. 39, n. 218; clerics constituted in minor orders who lay aside the clerical habit, S. C. Imm., 25 Sept. 1860, to the Ordinaries of the Pontifical Domain; clerics ordained to minor orders, when the See is vacant, within a year from the day of vacancy, unless they have been constrained by occasion of an ecclesiastical benefice received or to be received. Trent, s. 7, c. 10 de R. L. 24; l. 6, n. 827; E. M.

4. To churches, public Oratories, the Episcopal Palace, Houses of Regulars, and Hospitals in which there is a public Chapel, immunity belongs as regards the asylum of delinquents, excepting the cases comprehended in the Bulls of Gregory XIV, Cum alias, and Benedict XIV, Ex quo divina. All delinquents, provided they are Christians, although heretics, or interdicted, or enclosed in prison, who, having broken prisons, have fled to the aforesaid sacred places, enjoy this immunity, except however the cases excepted in law. Public robbers, ravagers of fields, homicides, heretics and rebels against the person of the Prince, those falsifying coins, etc., are excepted. But just as ecclesiastical superiors can extract their own subjects from a Church, so also, if need be, they can grant the same license of extracting to the secular court. Here also various Concordats and various customs of places must be attended to. L. 25 ff.; Schmalzgr., l. 3, t. 49, n. 88 ff.; E. M.

260 bis. What are the privileges of Cardinals? - They are the following: 1. Of hearing confessions everywhere on earth, even of religious of both sexes, and of absolving from all sins and censures, except only censures reserved in the most special manner to the Apostolic See, and those which are annexed to the revelation of the secret of the Holy Office. 2. Of choosing for themselves and their familiars a Priest for receiving confessions, who, if he lacks jurisdiction, obtains it by the law itself, even as regards sins and censures from which the same Cardinals can absolve. 3. Of celebrating, or of permitting others to celebrate before them, Mass on Thursday of Holy Week and three Masses on the night of the Nativity of the Lord. 5. Of celebrating Mass in any private chapel without prejudice to one using an indult. 5. Of enjoying a personal privileged altar daily; likewise a portable altar, in any decent place, according to their prudent judgment, even at sea, with due cautions observed. 6. Of gaining in their own chapels indulgences for the acquisition of which the visitation of some church or public shrine of the city or place in which the Cardinals are actually staying is prescribed; their familiars also can enjoy this privilege. 7. Of blessing everywhere, by the sign of the cross alone, with all indulgences customarily granted by the Holy See, rosaries and other prayer chaplets, crosses, medals, statues, scapulars approved by the Apostolic See, and of imposing these, without the burden of inscription. 8. Under one blessing, of erecting in churches and even private oratories in which Mass can be celebrated, and in other pious places, Stations of the Way of the Cross with all indulgences which have been imparted to those performing an exercise of this sort; and also of blessing for the faithful, who by reason of infirmity or another legitimate impediment cannot visit the sacred Stations of the Way of the Cross, images of the Crucified with the application of all indulgences annexed by the Apostolic See to the devout exercise of the same Way of the Cross.

9. Of wearing, in the manner of Bishops, a cross before the breast even above the mozzetta, and of using mitre and pastoral staff. 10. Of blessing the people everywhere in the manner of Bishops, but in the City only in churches, pious places, and assemblies of the faithful. 11. Of performing pontificals with throne and baldachin in all churches, the Ordinary having been forewarned if the church is a cathedral; but in the City they do not have the right of throne except in the church of their title. 12. Of enjoying the honors customarily paid to local Ordinaries wherever they betake themselves. 13. Of preceding all Prelates, even Patriarchs, indeed the Pontifical Legates themselves, unless the Legate is a Cardinal residing in his own territory; but a Cardinal Legate a latere precedes all others. 14. Of granting an indulgence of two hundred days in places or institutes and for persons of their jurisdiction or protection; likewise in other places, but to be gained only by those present, each time. 15. Of performing consecrations and blessings of churches, altars, sacred furnishings, abbots, or other similar things, except the consecration of sacred oils, everywhere, with those things observed which must be observed. From the Audience of His Holiness, on the 20th day of December, A.D. 1911, Our Most Holy Lord Pope Pius X graciously deigned to grant that the Cardinals of the Holy Roman Church may use the privileges which precede, even before the promulgation of the Code. - PETER Cardinal GASPARRI.

What are the principal privileges of Bishops? - As regards preserving their dignity. If Bishops commit a crime which is forbidden under penalty of suspension or interdict, they do not incur these censures unless they have also been laid upon them by name. Their causes are to be terminated through the Supreme Pontiff. Trent, s. 13, c. 8 de R. But those who injure Bishops incur excommunication reserved in a special way to the Roman Pontiff. C. Apostolicae Sedis de censuris. - From the same Constitution Apostolicae Sedis, those violating an interdict and excommunication imposed by the Ordinary are punished with interdict from entrance into a church. They can wear a small skullcap of violet color, even in sacred offices and while they celebrate Mass, but not from the Preface to Communion, S. C. Cons., 1 May 1910. From the day of election they can wear a small skullcap and biretta of violet color.

As regards Mass. - "A Bishop can dispense for celebrating on another altar, or in a church not designated by the founder, when another just cause is present." L. 60; l. 6, n. 329. - "He can dispense for just causes both with himself and with others for celebrating after midday." L. 61; l. 6, n. 344. - They can celebrate not only in their own episcopal house, but also in lay houses, in which on occasion of visitation or a journey they are received with hospitality, and when, in cases permitted by law, or by special license of the Apostolic See, being absent from the house of their own habitation, they therefore make a stay in another's house after the manner of a similar habitation.

But not only can they themselves, wherever they dwell, celebrate even on a portable altar, but they can also permit another Mass for their own convenience; and the faithful hearing either one satisfy the precept. S. R. C., 22 Aug. 1818; 8 June 1896; L. 63; l. 6, n. 358; Bened. XIV, de Sacr. miss., l. 3, c. 6, n. 6. - They can grant the faculty of celebrating outside a church in a non-sacred place, if grave and proportionate causes are present; and in private houses, from just and reasonable causes, but by way of an act and in a decent place. S. C. de Sacram., 20 Dec. 1912; L. 64; l. 6, n. 344, 359; Lucidi, de Visit. Sacror. Limin., vol. 1, p. 97, n. 108. - When Bishops have died, Masses can be celebrated through the whole morning in the larger hall of their own residence, where the body lies exposed. S. R. C., 3 Apr. 1894; Ferraris, Supplementum, v. Missa de Requie, n. 7; E. M.

As regards baptism, Confession, Communion. They can permit that, besides when danger of death is imminent or necessity urgent, baptism be administered to infants at home from a just and reasonable cause. S. C. de Sacram., 20 Dec. 1912. - They can choose for themselves a confessor outside the diocese, provided he is their subject, and they can take him with them to different places; but if he is not a subject he must be approved by his own Ordinary. - They can permit that the Holy Eucharist be carried privately to the sick from the church to the home, or without the prescriptions of the Ritual being observed. S. C. de Sacram., 20 Dec. 1912. - L. 65; l. 6, n. 565.

As regards censures and irregularities. - Bishops can, by themselves or by another specially deputed, absolve subjects from hidden papal cases, except those which are reserved in a special way to the Supreme Pontiff. From the Declaration of S. O., 17 June 1866 and 4 Apr. 1871, there is also excepted the case of a person of whatever sex falsely denouncing a priest concerning the crime of solicitation in confession. They can likewise absolve those who strike a cleric lightly; and, if these are living collegially, although the striking was grave, but not if it was enormous. From the same censure they can also absolve those who are impeded from going to Rome. Cf. vol. 2, n. 1182. Various cases, however, are reserved to them by the law itself. C. Apost. Sedis; Decr. S. C. C. concerning the trafficking of Masses, etc. Cf. vol. 2, de Censuris.

They can besides dispense in all irregularities, and absolve from all suspensions incurred on account of hidden delict, except voluntary homicide, and other matters brought to the contentious forum. Trent, s. 24, c. Liceat. Probably they can dispense also in doubtful irregularities from defect. Moreover they can dispense in non-hidden irregularities from defect of birth for minor orders and simple benefices. As regards inabilities enjoined by Pontiffs as penalty, whether they can dispense is disputed, and the matter is very doubtful. Concerning homicide, "the common opinion is that the Bishop can dispense when danger of soul is imminent; or another most grave cause, and it would be difficult to have recourse to the Pontiff, etc." L. 51, 29, 35, 46, 47, 49, 52, 53; l. 3, n. 397; l. 6, n. 593, 705; l. 7, n. 353, 392, 394; E. M.

As regards orders. - A Bishop can dispense in the interstices prescribed by Trent as regards the ordination of clerics, as is established in the same Trent. S. 23, c. 11, 13 de R.; L. 59; l. 6, n. 775, 780, 789. Dispensation of interstices pertains to the Bishop also as regards regulars. - Ferraris, Supplementum, v. Episcopus, n. 16.

As regards marriage. They can dispense: In publications of banns, and in impeding impediments, excepting the vow of perpetual chastity, the vow of entering Religion, betrothals, the impediment of disparity of worship between Catholics and heretics, reasonable dissent of parents, etc. Cf. vol. 2, n. 991. In impediments supervening after marriage has been contracted, in order to petitioning the debt; e.g., if they have contracted affinity for this reason, that either one had carnal commerce with blood relatives of the other; or if one has vowed chastity. Indeed the Bishop can also dispense a spouse from a vow of perpetual chastity which he emitted before marriage, so that he may exercise matrimonial rights. - In doubtful diriment impediments. By accident, in certain diriment impediments, both before and after marriage has been contracted, when recourse to the Pope is very difficult and there is danger in delay, or where danger of scandal, infamy, incontinence, etc., is imminent; but especially in the article of death. Cf. vol. 2, n. 1044.

L. 54-58; l. 6, n. 613, 1122; E. M. Through quinquennial faculties Bishops have the faculty of absolving from many cases reserved to the Holy See, of dispensing in many impediments of marriage, and also of habitually subdelegating to pastors the faculty of dispensing over a hidden impediment of affinity from illicit intercourse in marriages to be contracted, when all things are prepared for the wedding.

As regards enclosure. "Bishops are delegates of the Apostolic See for protecting the enclosure of monasteries of nuns, even exempt ones, and of those which are subject to regulars." L. 66, 67. And as regards Institutes of simple vows, it also belongs to the Bishop to care that enclosure be rightly observed, and to restrain whatever fault creeps into it. Leo XIII, C. Conditae a Christo, VI Id. Dec. 1900.

As regards other ecclesiastical laws. - Bishops can dispense for particular cases and persons, and for a brief time, as has already been said at n. 243. For particular cases and persons; for by common law Bishops do not have the faculty of dispensing with the whole community. But whether a Bishop can dispense in canonical statutes not expressly reserved, St. Liguori judged that the negative opinion must altogether be held, l. 1, n. 191. Yet the same Holy Doctor, in the work H. A., tr. 2, c. 6, n. 58, says that the affirmative opinion is sufficiently probable. And in the Appendix de Privil., 71, he has these words: "Probably the Bishop can dispense in all things in which dispensation is not specially reserved to the Pontiff." And it can be admitted, if the matter is of lesser moment and frequently recurs. Cf. L. de Priv., n. 53. - S. Th. 1. 2. q. 97, a. 4, ad 3; Gennari, Cons., vol. 1, c. 97, n. 6; cf. here n. 1626.

As regards vows and oaths. - Bishops can dispense: 1. In all simple private vows, except the five reserved to the Pope, namely of perpetual chastity, of Religion, and of pilgrimages to Jerusalem, to the thresholds of the Apostles, and to St. James of Compostella. - 2. In all oaths, if you except oaths accepted by a third party, which were not extorted by fear or fraud. - Hence Bishops cannot dispense in vows, whether perpetual or temporary, of Institutes of simple vows, after the Holy See has commended them at least by Decree of Praise. C. cited Conditae a Christo.

269 bis. Are there also privileges of other Prelates? - The privileges of Protonotaries are many. Four orders of these are had: Apostolic Protonotaries of the Number of Participants, seven, who exclusively constitute the College; supernumerary Apostolic Protonotaries; Apostolic Protonotaries after the likeness of Participants; titular, or honorary, Apostolic Protonotaries outside the City. The privileges of all these are contained in the Motu Proprio of Pius X, 21 Feb. 1905, concerning Apostolic Protonotaries, concerning Urban Prelates, concerning dignities, canons, and others who enjoy some privileges proper to Prelates. Cf. Declar. S. R. C., 14 Mar. 1906, n. 4182. There are also privileges of the Common Chaplains of the Pontifical Chapel, S. R. C., 16 Mar. 1907, Acta S. Sed., vol. 40, p. 311; of the Loreto Chaplains, S. R. C., 11 Dec. 1912; of Apostolic Missionaries, Decr. S. O., 21 Apr. 1909.

269 ter. Note: 1. A canon duly enrolled in a Chapter which collegially enjoys privileges or insignia and rights pertaining to Apostolic Protonotaries, either supernumerary or after the likeness of participants, acquires no right by which he is numbered by the Supreme Pontiff among Domestic Prelates with the expedition of a Brief. S. R. C., 24 May 1911. - 2. To perform sacred rites in pontifical rite belongs to Bishops. From privilege this is also conceded to Protonotaries after the likeness of Participants, and to other inferior Prelates, but with more moderate adornment. The Constitution of Benedict XIV, In throno iustitiae, 28 Feb. 1752, establishes the manner of using the Indult of Pontificals. - 3. Since precedence is a sign of honor, it is to be deduced from the grade of dignity and from the power of jurisdiction and dominion. A collegiate church has precedence over pastors and a college of pastors. S. R. E., 23 Mar. 1619, n. 372; 5 Feb. 1639, n. 664; 6 Apr. 1647, n. 908. Collectan. S. R. C., Ind. v. Praecedentia.

What are the principal privileges of Regulars? - As regards communication of privileges. All regular orders communicate in the privileges of other orders, whether mendicant or not. L. l. 4, n. 60. "These mendicant religions communicate in the privileges of the other religions, or congregations, or monastic or non-monastic colleges... And this holds even if in a privilege granted to another religion or congregation there is a clause that it is not to be communicated... Both lay brothers, for they themselves are truly religious, and novices enjoy privileges of this sort... religious promoted to the episcopate also enjoy them, provided there is not question of things by which, if Bishops used them, some prejudice would come to religion, as would be dwelling in a monastery, giving a vote." L. 9. - Male tertiaries who live collegially enjoy the privileges of Orders. S. C. EE. et RR., 20 Dec. 1616; Bizzarri, Collect., 1885, p. 569 ff. Nuns enjoy the same privileges (understand favorable ones) of which they are capable, as religious of the same order. The reason is that since they themselves live under the same rule, they are part of the order, and therefore deservedly ought to enjoy the privileges of the order. Hence an abbess can dispense in fasts, office, etc., according to the privileges granted to the prelates of her order; because, although she herself cannot dispense by herself on account of defect of spiritual authority, she can nevertheless do this by commission of the prelate, which is presumed to have been made to her as soon as she was elected abbess. L. 10; l. 4, n. 60, 63. As regards women of the third order and their privileges, cf. Collectan. S. C. de P. F., n. 445; Benedict XIV, Not. 29, 105, n. 59 ff. - As regards secular Franciscan tertiaries, cf. Constitution of Leo XIII in Ferraris, Supplementum, v. S. Franciscus Assis., etc.

More recent Institutes of simple vows are excluded from this participation in privileges. Nevertheless the Carmelite Sisters of France obtained it by special Decree of S. C. EE. et RR., 23 Mar. 1869, so that they participate in the spiritual graces of the Carmelites of solemn vows, exemption excluded. Ferraris, Supplementum, v. Carmelitae, n. 9. Privileges granted to some place or person, not as to a particular person, but as to a member of a community, are understood to be granted also to other places and religious of the same dignity and grade, both of that order and of others which have communication, namely when the same or a similar reason applies. L. 11. Privileges are not communicated: 1. When they are odious or contrary to proper statutes, so that they prejudice the good or common observance of religion. 2. When they are granted to some private person, or to some congregation, but for a determined time, or through particular Briefs, or on account of a particular reason which has no place in the others, or concerning an exorbitant thing which is usually granted with difficulty and is worthy of special commemoration; or, from the General Decree of S. C. R., 20 Mar. 1706, concerning those things which regard Masses and offices. 3. Likewise the privilege of receiving sacred orders from any Bishop is not communicated. Benedict XIV, C. Impositi nobis, 27 Feb. 1747, par. Quod vero. Privileges granted to religious families by Canon Law or by the Holy See are understood to be granted in such a way that they do not prejudice the legitimate power of superiors. Wherefore the same Prelates can from a just cause take away, at least as to liceity, or limit for subjects the use of privileges. L. 6; l. 4, n. 64; E. M.

As regards interpretation of privileges. - Privileges "which are granted to some order, convent, community, or to another pious cause, all are to be interpreted not only broadly but even most broadly, even if they are contrary to Common Law or to some third party. For privileges granted to communities are all presumed to be remuneratory of services furnished, and therefore all are held as favorable." L. 8.

Bishops and other secular Prelates are prohibited from juridically and authentically interpreting the aforesaid privileges. If any doubt arises, let judgment be made concerning it among skilled men, or let the Apostolic See be consulted. Generals of religions for the whole order interpret privileges not only doctrinally, but also juridically and authentically, so that all subjects are held to stand by their interpretation, when they interpret either laws and customs, or privileges. The same power was given to other regular Prelates, even immediate ones, but let them proceed prudently and from the counsel of skilled persons, so that for the forum of conscience they may be able, by Apostolic Authority, to interpret and declare authentically and juridically all the said things. L. 6.

As regards exemption. - Regulars have the privilege of exemption from the jurisdiction of Bishops, which they cannot renounce, C. Cum tempore de Arbitris. Wherefore regular Prelates have in their churches and monasteries quasi-episcopal jurisdiction, both as regards persons and as regards places. - The privilege of exemption is enjoyed not only by professed and lay brothers, but also by novices and tertiaries who stay within the cloisters; likewise, as regards censures, sacraments, and burial, by servants of regulars, who actually serve and reside within the cloisters of monasteries as, so to speak, of the family and perpetual table companions, no otherwise than the lay brothers themselves. Trent, s. 25, c. 11 de Reg. This exemption is not universal, but has several exceptions, especially for men, as regards delicts committed by regulars living outside the monastery, as regards hearing confessions of seculars, as regards the celebration of Masses; and for nuns, as regards enclosure. Trent, s. 6, c. 3 de R.; s. 22, Decr. de Observ., etc.; s. 25, c. 5, 9, 14 de R.; Gregory XV, B. Inscrutabili, 5 Feb. 1622; Clement VIII, B. Suscepti muneris, 23 Feb. 1596; Benedict XIV, de Syn., l. 9, c. 16. Likewise it has no place when subjection to the jurisdiction and laws of the Ordinary is necessary for avoiding scandal or for procuring the common good. Schmalz., l. 1, t. 2, n. 38. "But all exempt persons, both secular clerics and any regulars whatsoever, even monks, when called to public processions, are to be compelled to come, except however those who live perpetually in stricter enclosure." Trent, s. 25, c. 13 de Reg. Monasteries are not to be erected without the permission of the Bishop of the place. Trent, s. 25, c. 3 de Reg. Besides, permission of the Supreme Pontiff is required, which is required also for abandoning monasteries already built. C. un. de Excess. praelator. in 6; Benedict XVI, C. Instaurandae, de Syn., l. 9, c. 1, n. 9; Leo XIII, C. Romanos Pontifices, VIII Id. Maii 1881; Ferraris, v. Regulares, art. 2; L. 72, 74, 82, 83, 91.

The Bishop proceeds also against exempt persons, in causes of faith, as an Apostolic delegate. And in causes of faith of this sort, which pertain to the Holy Office, Regular Prelates cannot involve themselves; and whether they themselves or other religious, not denouncing to the Holy Office, or impeding superiors, subjects, or confreres who are heretics or suspect concerning the faith from being denounced to the same Holy Office, incur excommunication. Commonly speaking, it is certain that regulars who dwell in mission residences are exempt from the jurisdiction of the Ordinary, although they are few in number; and, outside mission places, both the persons and the monasteries and churches of regulars are exempt from the visitation of the Bishop, provided that at least twelve or six religious dwell in them; indeed only three suffice at present for Italy. S. C. EE. et RR., 26 Mar. 1897. But except: 1. Churches of seculars whose pastor is a religious. 2. Churches of regulars, if they are parishes, yet only as regards those things which look to the parish and to the pastor, insofar as he carries out that office. Cf. Benedict XIV, C. Firmandis, 4 Nov. 1744; Leo XIII, C. Romanos Pontifices, VIII Id. Maii 1881; Benedict XIV, de Syn., l. 3, c. 2, n. 1; A. S. S., vol. 38, p. 147.

The Bishop can oblige secular confessors, and also regulars, to the conference of Cases of Conscience, if they do not have it in their own Convents. In England and Scotland, all Rectors of Missions, Vicars, and other religious men, missionaries, who inhabit hospices and small Mission houses, must attend the conferences of the clergy from the cited Constitution of Leo XIII, Romanos Pontifices. Regulars in mission places, deputed to the care of souls, can be recalled by their superiors, or removed by the bishop, according to equitable judgment, no cause assigned by either, Benedict XIV, C. Firmandis; but if the regular superior recalls them, he must propose others to be substituted, with the Bishop approving, S. C. de P. F., 27 July 1882. Insofar as they are religious, they are subject to Regular Superiors; but insofar as they exercise the care of souls, to the Vicar Apostolic. S. C. de P. F., 18 Jan. 1886. Likewise the goods of religious are exempt from the jurisdiction of the Bishop. But administrators of monasteries of nuns must render an account to the Bishop of the administration of goods. L. 79, 80, 81; Benedict XIV, Inst. 29. As regards more recent Institutes of simple vows which have already been approved by the Holy See, the Bishop can demand no account of the administration of goods which those same Institutes possess, Leo XIII, C. Conditae a Christo, VI Id. Dec. 1900. They render this account every three years to the S. C. of Religious. Cf. A. S. S., vol. 25, p. 622 ff.

Constitution of Leo XIII, Romanos Pontifices, VIII Id. Maii 1881. Some heads of controversies concerning Bishops and Regular Missionaries of England and Scotland are defined. The aforesaid Constitution was then extended to many other places, to all Latin America, Plenary Council of Latin America; to the Philippine Islands, Secretariat of State, 1 Jan. 1910; to all the provinces of the Canadian Dominion, S. C. Cons., 14 Mar. 1911. It is disputed whether regulars can have recourse to the Bishop for obtaining graces. Many deny it, founded on this, that such recourse implicitly says a desertion of exemption. Others better affirm with Schmalz., l. 2, t. 2, n. 149, and Bouix, de Iud., vol. 1, p. 256, and teach that recourse to the Bishop is licit in those things which pertain to gracious jurisdiction, of which sort is absolution from sins and censures; dispensation in vows, oaths, irregularities; in laws of recitation of the breviary, fast, etc. But they require a threefold condition, namely: 1. that the Pope or his legate cannot easily be approached; 2. that the superiors of the order lack the faculty of dispensing; 3. that there is permission of the prelate, at least presumed. Cf. 263. But there is no doubt that regulars can use Lenten indults, which are rather given by the Holy See and promulgated by Bishops, unless they are prohibited by a special vow. S. O., 20 Dec. 1871. - E. M. Modern Institutes approved by the Holy See also enjoy exemption as regards internal government. Cf. cited Leo XIII, Conditae a Christo, A. S. S., vol. 28, p. 499 ff.

As regards the Eucharist. - Besides public churches, Regulars also have private oratories. Now they can admit others in both, both for celebrating and for hearing the prescribed Mass. In public churches they retain the Most Holy Sacrament. But the license of the Ordinary is necessary for regulars, even exempt ones, so that they can publicly expose the Most Holy Sacrament uncovered; yet this is by no means required either for exposing the sacred Eucharist veiled, with the people present, or for exposing it uncovered, seculars being excluded. From the Constitutions of Julius II, Paul III, and St. Pius V, regulars can distribute the Most Holy Eucharist daily and to individual faithful, not even excepting Easter day. Regulars cannot in any way be prohibited by the Bishop from distributing the Most Holy Eucharist in their churches from Palm Sunday to Low Sunday.

Thus S. C. C., 9 July 1644; S. C. C., 27 Nov. 1912. Cf. Benedict XIV, de Syn., l. 9, c. 15, 16; l. 11, c. 14. Pius VI, 14 Jan. 1783, granted to the Congregation of Purity the faculty of celebrating two hours after midday and before dawn; and all who have communication in the privileges of regulars enjoy this privilege. "Regulars can celebrate one hour before dawn; wherefore they can celebrate Mass three hours before sunrise. Indeed, when some just cause is present, they can celebrate immediately after two hours after midnight. And this holds only for their own churches; in which, however, secular priests can also use a privilege of this sort. Moreover Eugene IV granted to regulars license of celebrating three hours after midday, yet from a just cause."

L. 122; Salmant., tr. 15, c. 7, p. 4, n. 94, 45; Pellizzar., Manuale Regul., tr. 8, c. 2, n. 97. But the same Holy Doctor hands down the opposite, l. 6, n. 342. Moreover in this latter place, n. 344, the Holy Doctor affirms that the faculty is present to all superiors of dispensing, in some particular case, from a reasonable cause, concerning the hour of Mass, "privilege set aside, toward their own religious, since they are their Ordinaries." Mendicants, at least superiors or prelates, have the privilege of blessing sacred vestments. L. 62, 121, 123; l. 6, n. 239, 240, 300, 357, 360, 363, 376, 378, 381; H. A. tr. 12, n. 41; Lugo, de Euchar., d. 18, n. 49-50; Diana, tom. 2, tr. 2 de Praec. div. et eccles. sacrae commun., r. 22, 23; Compend. Privil. Soc. Iesu, n. 409; E. M.

As regards Confession. - Regulars cannot confess licitly and validly except to Confessors deputed by their own Superiors. "With seculars, when the faculty of choosing a confessor for oneself is granted, it is always supposed that he is approved by the Bishop; but regulars, from express or tacit license of their own superior, can confess to any simple priest... Wherefore all regular superiors can choose for themselves as confessor any priest." L. 110.

As regards cases reserved in the order to be absolved, the faculty can and ought justly to be denied by the superior if there is question of harming others, i.e., when scandal or any harm whatever would perhaps be imminent either to religion, or to the house, or to another, or to the penitent himself; nor could it be met otherwise except by furnishing knowledge of the matter to the superior. But, "if the superior denies to the confessor of regulars, deputed for this, the faculty of absolving, but the confessor judges that it ought to be granted, he can absolve on that occasion," i.e., as often as that case occurs. This is established from the Decree of Clement VIII. Cf. Constitution of Urban VIII, Sanctissimus, 21 Sept. 1624; Ferraris, v. Praelatus regularis, n. 58; Pellizzar., de Monial., c. 9, n. 29.

Exempt Regulars are not subject to episcopal reservation, since they are exempt from the jurisdiction of the Bishop. Indeed neither novices nor familiars of regulars are subject to the reservation of Bishops. Thus from the Bull Superna of Clement X. But if a novice has fallen into a reserved case before entrance into religion, he can be absolved by the confessor of the religion by privilege. - L. 102, 103, 111, 112; l. 6, n. 583, 586, 602. Religious of Institutes of simple vows are altogether subject to episcopal jurisdiction as regards censures and reservation of cases, as also as regards dispensation of non-reserved vows and dispensations which local Ordinaries impart to their faithful.

C. cited Conditae a Christo. The Supreme Pontiff Pius X decreed that all Confessors approved in the City can hear the Confessions of all Regulars, of whatever Order, Congregation, Institute they may be, without any permission of Regular Superiors; and therefore they can also absolve them from all reserved cases in the same religious Orders, Congregations, Institutes, even with censure. S. C. de Relig., 8 Feb. 1903; Pagella Confessarior. in Urbe. The same Supreme Pontiff afterward extended this faculty to all Confessors of the whole world approved by local Ordinaries. S. C. de Relig., 5 Aug. 1913.

As regards orders. "Regulars do not receive dimissorial letters from Bishops, but from their superiors; otherwise they sin gravely, and incur suspension... They can be ordained outside the times," nevertheless on feast days and interposed days, unless they have another special privilege. L. 113, 115; l. 6, n. 797. Cf. Cas. Consc. de Ord., and here vol. 2, n. 906, 907, 1222. A privilege was granted to the Congregation of St. John the Evangelist by Clement VIII, 23 Nov. 1596, that its alumni be ordained without the interstices being observed. The same privilege was likewise granted to the Order of St. John of God by Pius IV, B. Circumspecta. Wherefore other Orders which have communication of privileges with these Orders can do the same. But directly this privilege was granted to the Society of Jesus by Gregory XIII, Const. Pium et utile, but in this Constitution a faculty of this sort is excluded from communication of privileges.

As regards preaching. - Outside the churches of their own orders regulars cannot preach without having obtained the license of the Bishop. - But in the churches of their own order they can preach, the blessing of the Bishop having been sought, even if they have not obtained it, provided nevertheless the Bishop does not contradict. A Bishop about to grant license to regulars wishing to preach in churches which are not of their own orders can examine them as to doctrine, although they have been nominated by universities or by lay magistrates, and even if the predecessors of the Bishop had been accustomed for immemorial time to grant this license without examination, if this seemed good to his judgment, which ought to be moderate and discreet. But as to those wishing to preach in the churches of their own orders, it does not belong to the Ordinary to examine them, but to their superiors. The Bishop can suspend the license of preaching once granted to them, for reasonable causes, although hidden, yet concerning preaching. Nevertheless the Bishop cannot prohibit regulars generally from preaching in the churches of their own orders. - From the Council of Trent they are first to be examined and approved by their own superiors concerning life, morals, and knowledge. Trent, s. 5, c. 2 de R.; s. 24, c. 4 de R.; Gregory XV, B. Inscrutabili; Bouix, p. 148, 263 ff.; L. 124 ff.; S. Th. 2. 2. q. 187, 188.

As regards ecclesiastical censures. The privileges of absolving from papal cases having been revoked by the Constitution Apostolicae Sedis, regulars can still absolve from cases reserved to Bishops by the same Constitution, and from the censure of the canon, as before the aforesaid Constitution. - All regulars of either sex, in the time of a general interdict, can privately perform divine offices in their monasteries and receive the sacraments; and they can also celebrate publicly on several feasts: Easter, Pentecost, etc. L. 95 ff.; l. 4, n. 61.

As regards irregularity. - "Regulars can dispense with their subjects in all hidden irregularities in which Ordinaries can dispense with their diocesans. And they can do the same with seculars." L. 104. "They can besides dispense with subjects in any irregularity, either on account of delict or on account of defect," namely those which are usually regularly dispensed. L. 105; Frassinetti, Comp., 6th ed., vol. 2, n. 681. In the cited place the Holy Doctor soon descends to particular cases, concluding: "Finally regulars can dispense with their subjects in all inabilities and penalties contracted by reason of delict... even if those are reserved to the Pontiff." Cf. L. l. 7, n. 355, 358, 364, 396; Lehmkuhl, 11th ed., vol. 2, n. 834.

As regards the right of burying. - When a deceased regular cannot be buried in the church of the convent, because, e.g., of civil law standing in the way, regulars can carry the corpse to the common cemetery, with stole and cross of the convent, without the intervention of any pastor, provided nevertheless that the corpse is carried without solemn pomp and by a direct path to the cemetery S. C. EE. et RR., 24 Jan. 1846. The same right belongs to exempt nuns: wherefore it pertains to their chaplain or confessor to conduct the funeral, the pastor being excluded. Now the solemnity which is prohibited does not consist in singing, but in the gathering of the people, in the assistance of ministers clothed in sacred vestments, etc. S. C. EE. et RR., 26 Feb. 1864, declared: "Dispersed religious as regards funerals are subject to the pastor of the place, just as the other parishioners." A. S. S., vol. 1, p. 168. L. 91 ff.; Bouix, p. 345; E. M.

As regards oaths, vows, impediments of marriage, ecclesiastical precepts. Cf. 246. Here it must be noted that it is not improbable to St. Alphonsus what very many affirm, namely, that regulars can in a case of necessity dispense with spouses, as Bishops can, in a vow of chastity for contracting marriage, l. 3, n. 258; l. 6, n. 1128. It must also be noted that there is no privilege of reciting the office only mentally. No regular order has ever used such a privilege, nor do the Friars Minor themselves, to whom such a privilege is said to have been granted, acknowledge it. Custom is the best interpreter and proof of laws. Cf. Lugo, Resp. Mor., l. 3, d. 18; Melata, de Recit. mentali div. off. Nevertheless there are many other privileges, especially as regards missionaries, as may be seen in the Compendium of the Privileges of the Society of Jesus.

As regards indulgences. - "All professed regulars enjoy the indulgences granted to any religious order," L. l. 4, n. 64, namely according to the Brief of Leo X, Dudum per Nos accepto, 10 Dec. 1519, and the Brief of Paul V, Romanus Pontifex, 23 May 1606, indulgences exclusively proper to each order being excluded from this communication, S. C. Indulg., 25 Apr. 1735; Theod. a Spiritu S., p. 2, p. 88 ff., p. 114. "It must be noted that the privilege of a privileged altar is not communicable by general communication of privileges, from the Decree of S. C. Indulg., dated 5 Feb. 1748, and approved by Benedict XIV on 2 Mar. of the same year." L. l. 6, n. 339. More recent nuns of simple vows, in France, of ancient religious orders, from a special indult, "can gain all indulgences which were granted to the religion or Institute of other nuns emitting solemn vows, according to the respective Institute or rule." S. C. Indulg., 10 July 1843; S. Poenit., 12 July 1847.

But Institutes of Tertiaries dwelling in Community and emitting simple vows participate in all Indulgences directly granted to the First and Second Orders, provided they are legitimately aggregated to the Orders. S. C. Indulg., 28 Aug. 1903; E. M., de Stat. part., n. 248.

It must further be noted that personal privileges and indulgences in churches of regulars vanish when the religious have been driven out, although some religious remains in the church as chaplain or custodian. But real privileges, such as the right of burying, when a religious is left there under the name of chaplain or custodian, must be exercised by him. S. C. C., 29 May 1841; 29 Aug. 1864; 16 Sept. 1871; S. C. Indulg., 24 May 1819; A. S. S., vol. 1, p. 287; vol. 4, p. 228; vol. 7, p. 34. - E. M.

281 bis. Secular Tertiaries of St. Francis, by force of the Apostolic Letters of 5 May 1909 and the Rescript of 17 May 1909, enjoy communication of all Indulgences and spiritual fruits with the First and Second Order of St. Francis, the extension then having been made to General Absolutions. S. O., 12 June 1913, A. A. S., vol. 5, p. 306 ff. Secular Franciscan Tertiaries reciting in place of the canonical hours twelve Our Fathers, Hail Marys, and Glory Bes cannot by this recitation alone satisfy all other obligations, as regards prayers, which they have contracted from enrollment in other pious sodalities. S. O., 11 June 1913. Third Orders proceeding collegially, in their own habit and under a cross, always and everywhere have precedence over any Sodalities whatsoever. S. R. C., 18 Feb. 1899; E. M.

Latin America. Many privileges were granted to Latin America by the Constitution Trans Oceanum of Leo XIII, 18 Apr. 1897. This Constitution, as also the Constitution Romanos Pontifices of the same Leo XIII, VIII Id. Maii 1881, was extended to the Philippine Islands. Cf. 272; A. A. S., vol. 2, p. 220. Children of mixed persons or mestizos can use the privileges granted to Latin America by Leo XIII through the cited Letters Trans Oceanum, provided both parents are truly mixed or mestizos, that is, each of them separately has an absolute half of Indian or Black blood. S. C. NN. EE. EE., 15 Sept. 1908. - To the Bishops of Latin America and of the Philippine Islands many other faculties were granted for ten years. They are contained in Suppl. II, p. 11 ff. They can, among other things, lease ecclesiastical goods up to nine or twelve years; alienate ecclesiastical goods up to the value of 20,000 lire; and, except for certain designated principal parishes, confer all the rest without a concursus and at will; and they can also confer canonries of office without a concursus. - The Bull of Crusade having been abrogated for all Latin America and the Philippine Islands, and likewise the Lenten Indults and Summaries having been abrogated, a new recent Indult for ten years, concerning abstinence and fast, was granted to all, without petition being necessary or any tax to be paid. And this Indult can be used also by Regulars not bound by a special vow, and even as regards abstinences and fasts prescribed in their own Rules. By force of this Indult, fast without abstinence is to be observed on Wednesdays of Advent and Lent. Fast with abstinence is to be observed on Ash Wednesday, Fridays of Lent, and Thursday of Holy Week. In the morning collation, milk-products are permitted, eggs excluded. Abstinence from meats without fast is to be observed on the four vigils of the Nativity of Our Lord Jesus Christ, Pentecost, the Assumption of the Blessed Virgin Mary, and the Holy Apostles Peter and Paul. - This indult also has force in all the Antilles and the other islands of the Caribbean Sea. S. C. NN. EE. EE., 10 Dec. 1912. - E. M.

Spain: In Spain, the jurisdiction of Ordinaries over Religious cast out from the cloisters in the year 1835, if any of them still survives, and over exempt monasteries of nuns, was prolonged for three years. It is the mind of His Holiness that Ordinaries, unless because of peculiar circumstances of things and monasteries they should judge otherwise in the Lord, in deputing vicars, confessors, moderators, or spiritual directors of the same monasteries, should choose Religious of the same Order, insofar as they are found endowed with knowledge, uprightness of life, prudence, and the other qualities. Therefore Ordinaries themselves will be able, without further Apostolic faculty, by themselves to depute as ordinary Confessors Religious of the respective Orders, nevertheless with the previous consent of the respective Regular Superiors, this law always being observed, that the same Religious designated as Confessors live in their own Convent, unless in some determined case and on account of altogether peculiar circumstances the Most Reverend Ordinaries together with the Major Superiors of the Order have obtained and secured a special Indult from the Apostolic See; with the other things to be observed by law being observed as regards the triennial change of ordinary Confessors, and the remaining Apostolic prescriptions. Likewise the Ordinaries themselves will be able, if and when they judge it opportune, to employ Regular Superiors to perform the canonical Visitation of monasteries of the respective Orders. Yet these Visitators have only those faculties which the Most Reverend Ordinaries have committed to them, and which, notwithstanding this delegation, remain intact for the Bishops. S. C. Relig., 24 May 1911.

Crusade: The Bull of Crusade contains many privileges. It still flourishes in Spain. The poor in Spain, in order to enjoy the Lenten Indult, are not held to give alms; but they are held if they wish to enjoy the other privileges of the Bull of Crusade. The poor in Spain, not having paid the alms assigned for the Bull of Crusade, can enjoy the Indult as regards eggs and milk-products which is contained in the aforementioned Bull. Equestrian Orders: Their privileges are contained in the Brief of Pius X, 7 Feb. 1905, and in the Letters of 3 May 1909 to the Patriarch of Jerusalem. To Knights of the Golden Fleece the privilege of a portable Altar does not belong. S. C. de Sacram., 19 Jan. 1912.