Title XXXI: On the Office of an Ordinary Judge

Latin source headnote: Bishops can inquire into and punish crimes in their dioceses and, when there is need, invoke the secular arm.

From the Synod of Pope John.

A pernicious [custom has grown up: a public judge or minister sells, as though matters for inquiry, the sins of the people that are to be inquired into by the bishops, to whom solicitude for souls is committed; and on that occasion a criminal life is freely increased. If they find adulterous women on the property of a church or cleric, they defame, seize, and tear them until their lords or parents redeem them, on account of which their blood relatives fall into no slight poverty; and in this order, after the sale, they do not fear to fornicate more freely, saying that nothing pertains to the bishop concerning one who is known to have been examined and redeemed by the public authority—which manifestly has grown up in an entirely irregular manner.]

Therefore, let the bishops of the individual cities have in their dioceses free power to inquire into, avenge, and adjudicate adulteries and crimes according to what the canons decree, without impediment from anyone. And when there is need, let them summon public assistance [to repress rebels and contemners], not for doing prejudice but rather for pursuing those things that are pleasing to God [and accord with the salvation of souls].

Latin source headnote: An ordinary who knows—not as judge or man, but as God—that a subject is guilty of a crime can reproach or punish him indeterminately, but not by name.

Pope Eugenius.

If a priest knows for certain that someone is guilty of some crime, or if he has confessed and is unwilling to amend, unless someone can prove it by judicial order, he ought not to reproach him by name but indeterminately, as Christ said: “One of you is about to betray me.” But if the one to whom damage was inflicted should seek justice, he can excommunicate the author of the damage, even though he confessed to him. Nevertheless, he cannot remove him from communion by name, although he knows him to be guilty, because he knows it not as judge but as God. But he ought to admonish him not to intrude himself, because not even Christ removed Judas from communion.

Latin source headnote: If an ordinary subject to a bishop renders a just ecclesiastical censure against one subject to him, the bishop ought to preserve it and ought not to relax it without satisfaction and the knowledge of the person who rendered it.

Alexander III, to the Bishop of Florence.

When an ecclesiastical sentence is promulgated against certain malefactors by prelates of churches, it ought to stand ratified and firm and to be observed inviolably until fitting satisfaction. Therefore, by apostolic writings we [by way of precept] command your discretion that, whenever our beloved son Lan., pleban of Saint P. of Lucar, has reasonably rendered a sentence of interdict or excommunication against his clerical or lay parishioners, you are to cause it to be inviolably observed and not relax it without suitable satisfaction and without the knowledge of the same pleban.

Latin source headnote: If the ordering of a vacant church, even one subject to patronage, is deferred for a just cause, a steward is to be placed there by the bishop.

The same, to the Archbishop of Canterbury and his Suffragans.

Since it is often necessary for you to defer the ordering of churches for the reason that at times persons less suitable are presented to you, or that at times, for another cause, a root of dissension has emerged between you and those presenting the persons, we must provide that meanwhile, on occasion of this dissension and scandal, the fruits of those churches not perish or grave losses befall them in spiritual things. Hence it is that by apostolic writings we command your fraternity by way of precept that, whenever in those vacant churches in which an ecclesiastical person does not have the presentation you are unable by law to institute persons in them, either because persons less suitable are presented to you or for another cause, with [contradiction and] appeal removed, you are to place stewards who ought to receive the fruits of the churches and either expend them for the utility of the churches or faithfully reserve them for the future persons.

Textual note: The Latin Library transcription's ungrammatical ex iuxta causa has been corrected to ex iusta causa.

Latin source headnote: If it is established to the ordinary that one absolved by the Pope suppressed the true cause for which he had been excommunicated, he ought to remit him to the Pope. But if it is not established to him, although there is nevertheless a pressing suspicion against the person, he ought to compel him to purge himself.

The same, to the Archbishop of Canterbury.

On your part it has been proposed to us by constant assertion that at times certain persons excommunicated for particular causes visit the Apostolic See and, keeping silent the causes for which they are bound by the bond of excommunication, carry back letters concerning their absolution containing that they approached the Apostolic See and, after their confessions had been heard, merited the benefit of absolution. Hence, because you wished to consult us whether the absolution holds of those who, after concealing the excesses for which they had been excommunicated, merited the benefit of absolution through the Apostolic See while putting forward another cause for their excommunication, we answer your consultation in this manner: if it should be established to you that it is so, you ought by ecclesiastical censure to compel them to return to the Apostolic See with your letters containing the truth of the matter. But if this is not established to you and you hold them suspect of not having confessed the truth, you ought to compel them concerning this to furnish purgation before you that they confessed the truth.

Latin source headnote: If, through the sloth or malice of a papal delegate, someone perseveres in sin, the ordinary of the place can supply what is lacking, notwithstanding that the cause was committed to a delegate. This is what it says, and it is a notable and exceptional case.

Celestine III.

Your fraternity signified to us that certain of your parishioners, when they are marked by excommunication for an illicit union of consanguinity or affinity, impetrate letters of commission from the Apostolic See to judges farther away. When they have been absolved from excommunication by these letters, because the said delegates neither approach the place where witnesses to the consanguinity or affinity can be produced nor send anyone to receive them, they remain in the aforesaid union of a nefarious conjunction, and the cause does not obtain its due effect.

Hence you sought from us what is to be done by you in such a circumstance. Therefore, because through the malice or sloth of a delegated judge no one ought to find support for remaining in the union of an iniquitous conjunction, in this consultation we give your fraternity this answer: as often as it should happen that the things we have stated above occur in your diocese, you can lawfully recall those so absolved into the former sentence of excommunication and hold them bound by that sentence until the cause begins to have lawful progress in reception of the witnesses and in other matters, or you receive another mandate concerning this from the Apostolic See. [But, etc.; cf. c. 6, On Compelling Witnesses, II. 21.]

Latin source headnote: An ordinary supplies for the negligence of an abbot who does not recall a wandering monk.

Innocent III, to the Archbishop of Auch.

The more studiously the devotion of religious men adheres to divine mandates and intends to please its Creator through works of holy conduct, the more the enemy of the human race labors for their seduction by the maliciousness of his fraud, furnishes them in various ways with material for transgressing, and endeavors to ensnare their souls with an inextricable snare. Indeed, know that it has reached our hearing that monks, canons, and other regulars of your province, although they ought rather to keep watch in the cloister in divine services according to regular statutes, after gathering money from obediences and revenues whose care they administered, abhorring the cloister, do not fear to run about through the courts of princes and powerful men. With their gifts they acquire their favor and grace for themselves; relying upon their familiarity, they stir up grave dissensions in their convent and, scorning the humility of the others in a spirit of arrogance, exist as disobedient and contumacious toward the mandates of their prelates and immerse themselves in the solicitudes of secular business contrary to their prohibition.

Therefore, because the order of religion is not a little enervated on account of this, by apostolic writings we command your fraternity that, whoever you find to be such persons, unless at your admonition they return to soundness—so that they resign their own property without difficulty into the hands of their prelates, to be converted to the utility of the house according to the abbot's counsel, and observe the regular life—if their prelates, after your admonition, negligently omit to execute this, you are to compel those regulars through suspension from office and benefice, with appeal removed. [Given at the Lateran, on the fourteenth day before the Kalends of April, 1198.]

Latin source headnote: One excommunicated by one bishop is to be avoided by others. And an archbishop approached by complaint shall not absolve unless he first remits the person.

The same, to the Archbishop of Rouen and his Suffragans.

For repressing the malice of the perverse, certain penalties have been established in the canons. Just as you wish those rendered by you at times against subjects to be inviolably observed, so you ought inviolably to observe those rendered by others. Therefore, by apostolic writings we command that the sentences that our venerable brother the Bishop of Lisieux should decide canonically to promulgate against his subjects, both you yourselves are to preserve and you are to cause them to be inviolably observed by your subjects.

§ 1. But you, brother archbishop, since a sentence of excommunication is not suspended through the objection of an appeal, if anyone excommunicated by a bishop has complained to you concerning an unjust excommunication, are to remit him to that bishop to be absolved according to the form of the Church, deferring to him as a fellow bishop. But if perchance he is unwilling to absolve him, after receiving sworn security you will be able to furnish him the gift of absolution, in such a way, nevertheless, that, unless it should be lawfully established to you that he was excommunicated contrary to justice, by debt of his oath you are to command him to make competent satisfaction to the same bishop concerning that for which he was marked by excommunication. But if perchance he should disdain to do this, do not omit to return him to the sentence of excommunication, with appeal removed. [Given, etc., on the Kalends of June, 1198.]

Latin source headnote: A patriarch does not take cognizance of the causes of the subjects of archbishops and bishops under him except through lawful appeal or by force of custom or privilege.

The same, to the Archbishop of Tours.

Two things together—namely, a consultation and a complaint—were contained in a single petition of your fraternity. Through it you complained concerning our venerable brother the Patriarch of Jerusalem that your clerics were being unjustly aggrieved together with you, since, spurning your judgment, before which they are prepared to furnish the fullness of justice to those lodging a complaint concerning them, he compels them to answer before himself, although the cause is by no means brought to him through appeal; and you sought to be taught by our letters whether they can by law be compelled to this.

Wishing, therefore, to provide for you concerning the aforesaid grievances, we answer your consultation in this manner: since it is defined in the canons that primates or patriarchs have no right beyond others except insofar as the sacred canons concede or ancient custom conferred upon them from antiquity, so that the churches' privileges are preserved according to the Nicene rules—unless the Apostolic See should decree that some church or its rector be honored with some special privilege—we answer with the counsel of our brothers that, for as long as your clerics are willing to stand to law before you, they ought not to be compelled to undergo the judgment of that patriarch unless the cause should perhaps be brought to his hearing through appeal, or unless, which we do not believe, something concerning this has been granted to him by the Apostolic See. [Given at the Lateran, on the Nones of January, 1199.]

Latin source headnote: An impeded archbishop can commit the consecration of his suffragan to another, and the one to be consecrated is bound to receive the gift of consecration from that commissioner.

The same, to the Archbishop of Tours.

That you consult the Apostolic See concerning those things that are doubtful to you we consider pleasing and acceptable, and your fraternity consequently appears deservedly commendable, since the law of the divine constitution has placed that see as mistress of the whole terrestrial world, so that the reason for whatever is doubted by anyone may at last be sought from it. You indeed consulted us whether, if perhaps, detained by some infirmity or another just cause, you were unable to consecrate one of your suffragans, it would be lawful for you to commit your authority to one of your fellow bishops; and whether an elect who was pressing for consecration ought lawfully to be consecrated by him to whom you had thus committed your authority.

In this we answer your consultation in this manner: when placed in such a circumstance, it is lawful for you to commit your authority, as has been said, and the one to be consecrated ought to receive the gift of consecration from him to whom you decide to commit it, provided that he is held to be Catholic and no impediment from the withdrawal of the grace of the Apostolic See stands in his way. [Given at the Lateran, on the sixteenth day before the Kalends of June, 1199.]

Latin source headnote: An archbishop can commit to subjects of his suffragan a cause brought to him through appeal, but cannot compel them to receive it. This is what it says, as far as § Moreover. § 1. When a papal delegate who excommunicated the defendant or inducted the plaintiff into possession has died, if his successor succeeds in the delegation, he will be able to absolve and restore possession; otherwise, the Pope alone shall restore and absolve, except at the moment of death. Nevertheless, lest the annual prescription run, the defendant shall furnish security before the ordinary, or public persons, that he will stand to law. This is what it says.

The same, to the Bishop of Ely.

Of the pastoral office—(And below: cf. c. 28, On the Office of a Delegated Judge, I. 29.)—on your part it was moreover asked whether, if some cause has been brought to an archbishop through appeal, he can by right of ordinary power delegate it to a subject of his suffragan or punish the same person if he refuses to receive the delegated cause. To this we answer that an archbishop cannot compel him against his will to receive a delegation of this kind, since, except in certain articles, he has no power over him, although his bishop is subject to the archbishop by metropolitan law. [Moreover, etc.; cf. c. 28, On the Office of a Delegated Judge, I. 29.]

§ 1. Moreover, you sought to be taught whether, without a special mandate of the Apostolic See, it is lawful for anyone, when the delegate who bound the defendant with the bond of excommunication for manifest contumacy or inducted the claimant into possession of the things sought for the purpose of preserving the property has been removed from human affairs, to impart the benefit of absolution to that person when he wishes to obey the law and to restore possession within a year, sufficient security first having been received. To this we say that, since a delegate, with respect to that matter, is greater than the ordinary, one excommunicated by a delegate of this kind cannot obtain the grace of absolution through another without a mandate of the Supreme Pontiff, except at the moment of death, unless perhaps that delegate was of such a kind that another succeeds him in burden and honor. Nor will he be able to recover lost possession through anyone other than the Supreme Pontiff.

Nevertheless, lest the other become a true possessor after a year, he can offer and furnish security that he will obey the law—before the ordinary or, if he is unable to have access to him, before public and honorable persons—as though interrupting the annual prescription, so that after the year he may thus merit to recover possession through the Apostolic See. [You asked, etc.; cf. c. 53, On Appeals, II. 28. Given at Rome at Saint Peter's, on the fourteenth day before the Kalends of January, 1204.]

Textual note: A stray ñ character between the two divisions of the Latin source headnote has been removed as a transcription artifact.

Latin source headnote: Through a rescript by which the Pope commands an ordinary to correct his subjects, the Pope does not thereby make him a delegate; therefore, appeal can be taken from him to the next superior, just as if the Pope had made no mandate. This is what it says.

The same, to the Archbishop of Sens.

Although in correcting excesses according to canonical sanctions the subterfuge of appeal is closed, and therefore our venerable brother the Bishop of Paris received from us a mandate that, with respect both to monks and other religious men and also to secular clerics subject to his jurisdiction who are said to commit many grave crimes that tend not only to the loss of souls but also to the scandal of many, he inquire into and correct, with appeal removed, the things he sees are to be corrected, establishing for their reformation what is regular and honorable, nevertheless, because it neither was nor ought to have been our intention to derogate from your jurisdiction through a mandate of this kind, by authority of these presents we have decided to declare that, if perchance in inquiries to be made by the same bishop not as delegate but as ordinary some case should emerge in which it is lawful to appeal to the metropolitan see, we are unwilling, on occasion of the aforesaid mandate, to derogate in any way from your authority so as to prevent appeal from being taken to you as metropolitan.

You, however, are neither personally to impede nor to cause impediment through others to the same bishop's executing the debt of his office in correcting the excesses of his subjects; and if perchance appeal has been taken to you in a permitted case, you are to proceed prudently and justly in the cause of appeal. [Given at Rome at Saint Peter's, on the fourteenth day before the Kalends of January, in the tenth year, 1207.]

Latin source headnote: Prelates correct and reform subjects, with appeal removed and notwithstanding custom. Nevertheless, if a chapter has been accustomed to correct the excesses of canons, and does not do so within a term to be fixed by the bishop, the bishop himself shall do this. This is what it says, as far as § But. § 1. If canons, without a manifest and reasonable cause, especially in contempt of the bishop, cease from divine offices, the bishop shall not observe the cessation, and the metropolitan shall take cognizance in place of the Pope. This is what it says. § 2. A prelate ought, in imposing a penalty, to guard against monetary gain and every other grievance. This is what it says, as far as the end.

The same, in the General Council.

By an inviolable constitution we sanction that prelates of churches prudently and diligently attend to correcting the excesses of subjects, especially clerics, and reforming their morals, lest their blood be required from the prelates' hands. But so that they can freely exercise the office of correction and reformation, we decree that no custom or appeal can impede their execution, unless they exceed the form to be observed in such matters. Nevertheless, the excesses of canons of a cathedral church that have been accustomed to be corrected by the chapter are to be corrected by it, in those churches that have hitherto had such a custom, at the bishop's admonition or command, within a competent term to be fixed by him. Otherwise, from then on, the bishop, having God before his eyes, [all contradiction ceasing], is not to postpone correcting them by ecclesiastical censure as the care of souls requires. [And he is not to omit correcting their other excesses as the cause of souls requires, with due order nevertheless observed in all things.]

§ 1. But if the canons, without a manifest and reasonable cause, especially in contempt of the bishop, should cease from divine offices, the bishop, if he wishes, is nevertheless to celebrate in the cathedral church; and the metropolitan, at his complaint, as delegated by us concerning this, having ascertained the truth, is so to chastise them by ecclesiastical censure that through fear of punishment they do not presume to do such things hereafter.

§ 2. Therefore, let prelates of churches diligently provide that they do not convert this salutary statute to monetary gain or another grievance, but studiously and faithfully execute it if they wish to escape canonical vengeance, since, with the Lord as author, the Apostolic See will watch most attentively concerning these matters.

Textual note: Two stray ñ characters separating divisions of the Latin source headnote have been removed as transcription artifacts.

Latin source headnote: When within a city or diocese there are peoples of diverse languages, the bishop ought to provide for them through suitable men who celebrate offices for them and minister sacraments according to the diversity of languages. And if necessity is pressing, he shall constitute for himself a vicar-bishop of that language; nevertheless, the same diocese ought not on this account to have two bishops.

The same, in the same Council.

Since in very many regions within the same city and diocese peoples of diverse languages, having diverse rites and customs under one faith, are intermingled, we strictly command that the pontiffs of cities or dioceses of this kind provide suitable men who, according to the diversity of rites and languages, celebrate divine offices for them and minister ecclesiastical sacraments, instructing them alike by word and example. But we altogether prohibit one and the same city or diocese from having diverse pontiffs, like one body having diverse heads, as though a monster. But if, on account of the aforesaid causes, pressing necessity should demand it, the pontiff of the place, with provident deliberation, is to constitute for himself in the aforesaid matters a Catholic prelate conformed to those nations as vicar, who is to be obedient and subject to him in all things. Hence, if anyone should intrude himself otherwise, let him know himself struck by the sword of excommunication; and, if he does not thus return to soundness, he is to be deposed from every ecclesiastical ministry, with the secular arm employed, if necessary, to repel such great insolence.

Textual note: The Latin Library headnote's duos episcopus has been corrected to the grammatically required duos episcopos.

Latin source headnote: Bishops who cannot act personally are bound to take suitable men who supply their place with respect to preaching, visitations, and hearing confessions; and, so that bishops can find such men, it commands that such persons be instituted in cathedral and collegiate churches.

The same, in the same Council.

Among the other things that pertain to the salvation of the Christian people, the nourishment of the word of God is known to be most necessary for them, because, just as the body is nourished by material food, so the soul is nourished by spiritual food, because “man lives not by bread alone, but by every word that proceeds from the mouth of God.” Hence, since it often happens that bishops, on account of their manifold occupations, bodily infirmities, hostile incursions, or other occasions—not to say a defect of knowledge, which is altogether to be reproved in them and is hereafter not to be tolerated—are insufficient personally to minister the word of God to the people, especially throughout large and extensive dioceses, we sanction by a general constitution that bishops take suitable men, powerful in work and speech, to execute the office of holy preaching beneficially. When those bishops are unable to act personally, these men, solicitously visiting in their place the congregations committed to them, are to edify them by word and example; and the bishops themselves, when those men are in need, are suitably to minister necessities to them, lest through a lack of necessities they be compelled to desist from what they began.

Hence we command that suitable men be ordained in cathedral as well as other conventual churches, whom bishops can have as coadjutors and fellow workers not only in the office of preaching but also in hearing confessions, enjoining penances, and the other things that pertain to the salvation of souls. But if anyone should neglect to fulfill this, let him lie under strict vengeance.

Latin source headnote: A bishop ought to be content with episcopal rights in the churches of his diocese, and it declares what the episcopal rights are.

Honorius III, to the Bishop of Assisi.

By the complaint of the steward of the monastery of Saint Benedict of Mount Subasio it became known to us that you, not content with the episcopal rights that you ought to have in the churches or chapels of that monastery, exact procuration from certain of them, which, he proposed, were by no means sufficient to furnish procuration. He sought that, being content with your right, you desist from molestation of the said churches concerning the other matters, seeking also, for cutting away every material for litigation in the future, that you specify what things belong to you in them by reason of episcopal right. After certain of these episcopal rights had been specified, issue was lawfully joined on each side concerning the aforesaid matters.

But we, having inspected the proofs received on both sides and more fully understood the matters proposed by each party, decreed that in the churches or chapels of your diocese pertaining to that monastery you are to have canonical obedience, subjection, and reverence; institution and destitution; correction and reformation; ecclesiastical censure; jurisdiction also over all causes that by law pertain to the ecclesiastical forum; penances and conferral of all sacraments that are to be received from a bishop; a synod; two solidi of Lucchese money in the name of synodaticum or cathedraticum; a fourth of tithes and mortuary dues; and also annual visitation—in such a way that, when you approach to visit them, you exact from them in the name of procuration no more than, after their resources have been weighed, they can moderately furnish, lest they be burdened in any way in procurations beyond the other chapels of the same diocese. And we entirely relieve the church of Saint Paul of Assisi from the burden of procuration.

But you, being content with these rights in the aforesaid churches, are to exact no more from them beyond moderate aid, which, according to the form of the Lateran Council, if a manifest and reasonable cause exists, is to be sought with charity, just as we sustain it from the other churches of the same diocese for the necessity of the time.

Latin source headnote: A bishop visiting a monastery is not to introduce secular persons, but two or three of his canons together with certain religious persons.

The same, to the Abbot and Convent of Saint Remigius.

So that, according to the edict of that supreme shepherd after Christ, a shepherd is known to have been made a pattern of the flock from the heart, he ought beneficially to visit it not from lust for domination but from love of ruling rightly, so reproving the excesses of delinquents insofar as he can that he does not reveal them, so rebuking that he does not confound them; because, since according to the wise man's edict a friend is to be reproved in secret, he appears to violate the law of friendship if, to the contrary, he reproaches him publicly with upbraiding.

Therefore, considering that it is indecent for secular persons to be present when our venerable brother the Archbishop of Reims exercises the office of visitation in your monastery—persons through whom material for dissipation could arise in the cloister, since they are by no means well introduced among cloistered persons—by authority of these presents we firmly prohibit him hereafter from introducing any secular persons with him into the chapter during the time of visitation, except two or three canons of his church in decent habit, with other men, religious persons whom he sees to be expedient, joined to them.

Latin source headnote: Diocesan law and the law of jurisdiction are distinct; hence, a matter adjudged under one does not stand in the way of one acting under the other.

The same, to the Bishop of Bayeux and the Archdeacon of Rouen.

Our beloved son the abbot of the monastery of Rothomagensis in the diocese of Vannes explained before us that a third part of the amercements that the men of five parishes assigned to the uses of his convent are compelled to pay for their excesses has pertained to his monastery from antiquity; and that, when an ecclesiastical question has arisen among those men, citation pertains to the same abbot, while examination and decision of the question pertain in common to our venerable brother the Bishop of Vannes and the abbot himself.

And when Pope Innocent of happy memory, our predecessor, after the same abbot complained that the aforesaid bishop was troubling him concerning this, gave you a mandate with the parties' assent that, after summoning the parties and hearing the matters proposed on each side, you remit the cause to him sufficiently instructed, the said bishop impeded your proceeding for a rather long time on occasion of a certain sentence rendered for him concerning certain churches with respect to diocesan law. Hence the aforesaid abbot humbly entreated us that, since citation, examination and decision of causes, and amercements are known to pertain to the law of jurisdiction, we not permit the proceeding of the business to be further impeded under pretext of the aforementioned sentence. Therefore, since the aforesaid matters belong to the law of jurisdiction, we command your discretion that, notwithstanding a sentence of this kind, you proceed in the business itself according to the form handed down to you.

Latin source headnote: Through a rescript by which the Pope commands an ordinary to correct the clerics of his diocese, jurisdiction over exempt persons is not given to him.

Gregory IX, to the Bishop of Sovana.

We consider it grave [and unworthy] that, although you have no ordinary or even delegated jurisdiction over the church of Saint Mary of Orbetello and certain other churches existing in your diocese and pertaining to the monastery of Saint Anastasius in the City, on occasion of our letters that we transmitted to you concerning correction of clerics, you promulgated sentences of interdict against those churches and of suspension against their clerics, although the abbot of the same monastery is prepared to correct them, [as pertains to him; but because we ought the less to sustain injuries to that monastery insofar as, specially pertaining to us, it regards us after God as its principal helpers, then by apostolic writings firmly commanding your fraternity] we command that, if it is so, prudently correcting personally the things that you less than providently attempted, you relax the aforesaid sentences [within eight days after receipt of these presents] without [any] difficulty. [Otherwise, by our letters we give a mandate to our beloved sons the Abbots of Saint Justus and Albaren., and the Archpriest of Saint John of Montalto, of the dioceses of Tuscania, Sovana, and Castro, that from then on they take care to relax the same sentences by our authority.]

Textual note: The web transcription's Suanensis est Castrensis has been corrected to Suanensis et Castrensis; the three adjectival place-names modify dioecesis distributively.

Latin source headnote: An ordinary who has power to absolve from excommunication can entrust absolution to others.

The same.

It is lawful for those to whom, by virtue of office in certain cases, it pertains to absolve persons who fall under the canon of the promulgated sentence for violent laying on of hands to commit absolution of this kind to others when they see it to be expedient.