Chapter — Konings, Theologia Moralis
Appendix II: On Ecclesiastical Burial
1698. - The bodies of the faithful departed, by precept of the Church, are to be buried in a holy place blessed and consecrated for this, or in the Church itself. But those who do not belong to the Church of Christ can be buried neither in ecclesiastical manner nor in a holy place. Ecclesiastical burial must also be denied to Christians who have seemed unworthy of it, for this reason, that either they deserted the Faith, or departed from the living in contumacy and impenitence, or were rebellious children, as is established from what has been said concerning the effects of excommunication and interdict.
Notes to n. 1698. (1) L. VII. 340. Craisson, Manuale n. 6639. Notes to nn. 1698-1699 - note sequence 1. (1) Ferrar. V. Sepultura, n. 172. (2) Conc. Pl. Balt. II. a. 390. (3) Ib. a. 389. (4) Thesaurus, de poenis. P. II. V. Concubinarius sub V. (5) L. V. Decr. T. XXXIX. c. 28. Notes to nn. 1698-1699 - note sequence 2. (1) Acta, T. I. p. 563. n. 21. Notes to nn. 1698-1699 - note sequence 3. (1) Conc. Pl. Balt. II. a. 389. (2) S. C. O. Fer. IV. 16 maii 1866 apud Th. Pat. n. 364 sq., ubi et monita prudentissima. (3) Conc. Pl. Balt. II. a. 389. S. Alph. L. IV. 401. (4) L. IV. 401. (5) Conc. Pl. Balt. II. a. 389. (6) Ib. Appendix annotation (Xi), to n. 1698. q. 1°. p. 327. col. 2. ## Instruction of the Sacred Congregation de Propaganda Fide ### Concerning the manner to be observed by the Bishops of the Federated States of North America in cognizing and defining criminal and disciplinary causes of Clerics. Although the Second Plenary Council of Baltimore, recognized by the Apostolic See, decreed that a certain form of judgment, already previously sanctioned by the Provincial Council of St. Louis, was to be observed in the criminal causes of Clerics to be handled by the ecclesiastical courts of the dioceses of the Federated States of North America, nevertheless experience has shown that the established order of judgment is not everywhere equal to forestalling the complaints of those whom it may happen to be punished with some penalty. For often in these last times it has happened that presbyters condemned by judgments begun in that manner and by sentences rendered, especially those removed from the office of Missionary Rector, have complained here and there about their Prelates and frequently have also brought recourse to the Apostolic See. But it must be lamented that not rarely it happens that in the acts transmitted several things, and those necessary, are lacking, and, all things having been weighed, grave doubts often arise concerning the faith to be had or denied to the documents brought forward in these causes. The Sacred Congregation de Propaganda Fide, seriously weighing all these things proposed to it, judged that some remedy must be prepared for these inconveniences, and that justice must be consulted in such a way that neither innocent Clerics be afflicted with penalty by injury, nor those guilty of some crime escape deserved penalty on account of a less correct form of judgments. And this indeed would be obtained by an easy arrangement, if it prescribed that all the prescriptions wisely issued by the Sacred Canons for ecclesiastical judgments, especially criminal ones, to be begun and completed, were altogether to be observed. But, considering in mind that in the aforesaid regions of the Federated Orders this cannot easily be observed, it judged that provision should be made in such a way that at least those investigations concerning the admitted crime be accurately performed which are judged altogether necessary before one comes to imposing penalty. Therefore, with Our Most Holy Lord Leo XIII, Pope by Divine Providence, approving, in the general meetings held on the 25th day of June 1878, the Sacred Congregation decreed, and strictly commanded, that the individual Sacred Antistites of the mentioned region, in a Diocesan Synod to be convoked as soon as possible, select five, or where because of peculiar circumstances of things so many cannot be had, at least three presbyters from the most approved and, insofar as can be done, skilled in Canon Law, by whom a certain judicial council, or, as they call it, a Commission of investigation, is to be constituted, and that they set one from among those chosen over the same. But if for some grave cause the Diocesan Synod cannot be held immediately, five or three, as above, ecclesiastical men are meanwhile to be deputed by the Bishop to the office in question. The chief office of the Commission thus constituted will be to recall to examination, duly to cognize, and thus to furnish help to the Bishop in defining them, the criminal and disciplinary causes of presbyters and other clerics, according to the norm soon to be proposed. Moreover, those chosen ought to take care for this purpose that investigations be accurately made, that testimonies be brought forward, and that from the one presumed guilty all things be sought out which are judged necessary for eliciting the truth, and that certain or sufficiently firm arguments be supplied for rendering a just sentence safely and prudently. But if there is question of the removal of some Rector of a mission, he cannot be cast down from the office entrusted to him unless at least three members of the aforesaid Commission have been employed by the Bishop for cognizing the cause and their counsel has been heard. The chosen Counselors will remain in the office received until the next celebration of the Diocesan Synod, in which either they themselves are confirmed in office or others are designated. But if meanwhile, by death, resignation, or another cause, the prescribed number of Counselors is diminished, the Bishop, outside the Synod, should substitute others in the place of those lacking, as was established above. In cognizing causes, especially those in which there is question of definitively removing a Missionary Rector from his office, the judicial Commission will follow this manner of acting. 1. Let recourse not be had to the Commission of investigation unless first, when the cause moving to final deposition has been clearly and precisely set forth by the Bishop, the Missionary Rector himself prefers that the matter be referred to the Council rather than that he spontaneously resign from his charge and office. 2. When the matter has been referred to the Council, let the Bishop commit to his Vicar General, or to another priest deputed by him for this purpose, that he compose in writing a relation of the cause, with an exposition of the investigation performed up to that point and of the circumstances which specially affect the cause or the demonstration of the same. 3. Let him indicate a suitable place, day, and hour for coming together, and this by letters to the individual Counselors. 4. By letters also let him call the Missionary Rector about whom there is question to the appointed place and day for holding the Council, setting forth, unless prudence forbids it, as in the case of an occult crime, the cause moving to deposition fully, and admonishing the Rector himself that he prepare in writing, supported by his own reasons, a response to those things which have been related in the exposition of the cause, either already previously orally, or then in writing. 5. When the Counselors have assembled at the time and place prefixed, let the Bishop prescribe silence to be observed concerning those things which are heard in the Council; let him admonish that the investigation is not a judicial process, but is held for this end and is to be made in this way, that one may arrive at the knowledge of truth by the more diligent method possible, so that each Counselor, all things having been weighed, may be able to form as accurately as possible an opinion concerning the truth of the facts on which the cause rests. Let him also admonish that nothing be done in the investigation which exposes either themselves or others to danger of damage or grievance, especially lest a place be given to an action for libel, or to any other process before a civil tribunal. 6. Let the relation of the cause be read before the Council by the Bishop's official, who will also respond to the questions to be made by the president or by the other counselors through the president, for obtaining a fuller knowledge of the matter. 7. Then let the Missionary Rector be introduced into the Council; he will read the response composed by himself and will likewise respond to the questions, with full faculty being given to him of bringing forward all those things, within the time nevertheless to be determined by the Council, which can contribute to his proper defense. 8. If it happens that the Missionary Rector whose cause is being treated does not wish to approach the Council, let him be called again by letters given, and let a congruous space of time for appearing be prefixed for him; and if on the appointed day he shall not have appeared, provided that he has not been legitimately impeded, let him be considered contumacious. 9. When all these things have been duly completed, let the Counselors confer their counsels together, and, if the greater part of the Counselors judges that the facts are sufficiently established, let each Counselor set forth his sentence in writing, with the reasons on which it rests expressed; let the sentences be compared; let the acts in the Council be drafted by the Bishop's official, signed by the president in the name of the Council, and together with the sentences of the individuals in full be referred to the Bishop. 10. But if further investigation seems necessary or congruous, on that very day, or on another appointed by the Council for coming together, let the witnesses be called whom the Council has judged opportune, after the Missionary Rector has also been heard concerning those whom he himself has wished to be called. 11. Let the individual witnesses for the cause be examined separately and accurately by the President and by others through the President, the Missionary Rector being absent at first. An oath is not required; but if the witnesses themselves do not refuse, and declare themselves prepared to confirm by oath, when occasion is given, those things which they have declared, let a notation of a disposition or declaration of this kind be made in the acts. 12. With the witnesses consenting, and the prudence of the Council directing, let the testimony be repeated before the Missionary Rector, who himself also, if he wishes, may question the witnesses through the President. 13. In the same manner in which the witnesses for the cause are examined, let the witnesses against the cause be examined. 14. When counsels have then been compared, let it be done as above, n. 9. 15. But if the witnesses are unwilling or unable to attend the Council, or their testimony renders the matter not yet sufficiently clear, let at least two from the Council be deputed, who, going to the witnesses, inspecting the places, or in whatever other way they can, seeking light for resolving doubts, may bring the relation of their investigation to the Council, so that no way be left unattempted for cognizing the truth morally certainly before one comes to the pronouncement of sentence. 16. Let all the acts brought forward in the occasion of the judgment be carefully kept in the Episcopal Curia, so that in the case of appeal they may conveniently be exhibited. 17. But if it happens that appeal is made from the sentence pronounced in the Episcopal Curia to the Archiepiscopal Curia, let the Metropolitan proceed by the same method in the cognition and decision of the cause. JOANNES CARD. SIMEONI, Pr. JOANNES BAPTISTA AGNOZZI, Sec. Given at Rome from the buildings of the aforesaid Sacred Congregation, on the 20th day of July in the year 1878.
1699. Questions. - Query 1° Who are to be deprived of ecclesiastical burial?
Resp. By common law the following are:
1° All Infidels, whoever they may be, whether pagans, or Jews, or Mohammedans, or even infants who died without Baptism, at least doubtfully valid.1 But "an infant" who died "in the womb of a faithful mother together with her, together with her shall have burial. But adults who have been overtaken by death while they were disposing themselves for receiving Baptism are by no means deprived of burial; for they are rightly judged to have been cleansed by Baptism of desire, or of the Spirit, as they say."2
Besides this, "by the mind of the Apostolic See it is tolerated that in family tombs, which, namely, are built as private and particular for Catholic lay families (therefore 'for a few'), the bodies also of non-Catholic relatives and connections by marriage be buried."3
2° Apostates from the Christian Faith. But among apostates must be numbered all impious men who in writings teach atheism, deism, pantheism, or, in one word, whoever deny Christian Revelation.
3° Heretics, who openly profess their errors, and their notorious favorers, and also public schismatics.
4° Public and notorious excommunicates, and those interdicted by name, if they died without signs of penitence, and manifested no wish of reconciliation with the Church.
I said: 1° if they died without signs of Penitence. But a sign of penitence is present if the dying person invoked the name of Jesus, or implored the mercy of God, or struck his breast, or sought a confessor, etc.; for proving this one witness suffices.4
I said: 2° and manifested no wish, etc. That such a wish may free them from this penalty, it must be serious, in such a way that it did not stand through them that they were not reconciled to ecclesiastical unity.5 - Although a tolerated person has exhibited signs of penitence, nevertheless it is fitting that he be absolved from excommunication before burial. But for one to be avoided, although he died penitent, absolution is required by precept. (See n. 1681. 3°.)
As to censures bearing on this, see n. 1736. 1751.
Note. - On December 10, 1860, the Sacred Penitentiary, to the question:
"If someone ... notoriously bound by ecclesiastical censure has died, and according to the Sacred Canons and the norms handed down by doctors concerning this matter ought altogether to lack ecclesiastical burial, and against this, with grave threats, obsequies and ecclesiastical burial itself are obstinately demanded, how in such a case ought the pastor to conduct himself?" responded:
"Care must be taken that all things be done according to the norm of the Sacred Canons: but insofar as this cannot be obtained without danger of disturbances and scandal, the pastor shall in no way concur, either by himself or through other priests, for the obsequies and for the burial."1
Therefore those who are publicly known as enrolled in societies certainly condemned by the Church, unless they have given signs of penitence, are to be deprived of ecclesiastical burial. But what if they die with signs of penitence, and either the insignia of a certainly condemned society are displayed from their bier, or, even if these are not displayed, companions of the sect to which they were enrolled assist at the funeral with the same insignia? You have the response in these words of our Most Holy Lord Pius IX to the Archbishop of Paris: "We cannot dissemble, venerable brother, that our discomfort and wonder were very great when we learned that you were present at the obsequies of Magnan, a great master of both soldiery" (who migrated from this life with signs of penitence), "and that solemn absolution was imparted, while even Masonic insignia were displayed from his bier, and companions of that condemned sect with the same insignia assisted at that funeral." Therefore, when the bier has been composed in this way, or companions with those insignia are proceeding, entrance into the church must be denied; but if this cannot be done without danger of disturbances and scandal, the pastor, neither by himself nor through other priests, shall in any way concur for the obsequies and for the burial.
5° Suicides, who have brought death upon themselves, anger or desperation impelling them, unless they have given signs of insanity. But burial is not denied to those who killed themselves in a state of frenzy or in another excess of illness, or "perhaps, surviving for some time, gave signs of repentance."1 Yet when doubt remains whether someone gave himself death through desperation or through insanity, ecclesiastical burial can be given, but the pomp and solemnities of obsequies being avoided.2
6° "Those who perish in a duel, whether they gave signs of repentance or did not";3 and according to the Bull of Benedict XIV, even if they were absolved. Yet duelists do not incur this penalty because of an unforeseen encounter, although, fighting from the same impulse of quarrel, they went to some suitable place.4
7° Public and notorious sinners, who meet death in impenitence. Such are, for example, those who publicly pass their life in adultery or concubinage. But for this it is required that the impenitence be altogether certain; and so public that burial cannot be granted without new scandal.
8° "Those who, being near death, obstinately and before witnesses rejected the Sacraments offered to them."5 But if something of this kind is to be feared, let the priest speak to the dying person without witnesses and induce him to Confession, lest his evil mind become known, provided, however, that some scandal does not necessarily have to be repaired.
Query 2° Whether guilty persons who are punished with death are to be buried in a sacred place?
Resp. Affirmatively, if they confessed before death, or gave indubitable signs of penitence. But more fittingly without solemnity.
Query 3° What must be done in doubt whether ecclesiastical burial is to be denied or not?
Resp. "The Ordinary must be consulted, when it can conveniently be done; but otherwise judgment should incline toward the side of lenity and mercy. We counsel that this be done especially whenever the deceased, overtaken by sudden death, had no time for repentance; since, according to the rule of law, odious things are to be restricted."6
Query 4° Whether burial is to be denied to mimes and actors?
Resp. Negatively, provided they have not refused the Sacraments of the Church, as was said concerning the other sinners in this number, q. 1°. R. 8. For no canonical law is found which excludes them from ecclesiastical burial.
Query 5° Whether among us ecclesiastical rites can be used in the burial of the faithful, when their bodies are buried in a non-Catholic cemetery?
Resp. Distinguish. "If the surviving relatives of some deceased Catholic, if he was converted to the Faith, are non-Catholics, and already possess a plot in another cemetery, we permit that the obsequies be celebrated in the house or even publicly in the Church, if this has seemed to the pastor likely to profit their spiritual good, or otherwise expedient. If the survivors are Catholics, but they have had a plot in another cemetery without any fraud of the law, or since the year 1853, in which corpses have already been buried, we leave to the judgment and conscience of the pastor that he privately recite in the house the prayers prescribed in the Ritual for obsequies, before the corpse is carried out; but we command that in the Church obsequies be done only with the permission of the Ordinary first obtained."1
Note 1° If in a profane cemetery a separated part of the ground cannot be obtained in which the bodies of Catholics exclusively may be buried, at least let the little place where the corpse is deposited be blessed, using that prayer which is expressly prescribed in the Roman Ritual (Tit. de Exequiis): "O God, by whose compassion souls," etc.2
2° When a cemetery is blessed, some extreme part of it is to be left without blessing, that it may serve for the burial of infants who departed from the living without Baptism, and of infidels who died in the places of Christians, and also of any others to whom ecclesiastical burial is to be denied. It is not absolutely required that that part, e.g., by a wall or hedge or some ditch, be separated from the rest of the cemetery, but it suffices that it can be discerned in some way.
3° Since exhumation, when it is prescribed in Law, today is not tolerated everywhere, reconciliation of a violated cemetery3 can also be accomplished without exhumation, if otherwise inconveniences are foreseen.
4° Whether, without another sentence, burial is to be denied to "those concerning whom it is established that once in the year they did not receive the Sacraments of Confession and Communion at Easter" (Roman Ritual), is disputed. St. Alphonsus, L. VI. 674, and De Angelis, l. 3. t. 28. 8°, deny it; to which opinion the Instruction to Parish Priests of Em. Colonna, Vicar in the City, March 20, 1773, is consonant.
Notes to n. 1699 - note sequence 2. (1) Conc. Pl. Balt. II. a. 391. 392. (2) Ib. a. 392. (3) It is violated as a church is (n. 1329. q. 4°). Notes to n. 1699 - note sequence 3. (1) The alphabetical index of these, p. 406.