Appendix I: Various Faculties Which The Holy See Is Accustomed To Concede To Bishops Or Confessors

The faculties which are accustomed to be conceded by the Sacred Congregation of the PROPAGATION OF THE FAITH to Bishops for five years are contained in TEN FORMULAS of greater or lesser amplitude.

The Congregation of the HOLY OFFICE prepared these, and transmitted them to the Sacred Congregation of the PROPAGATION OF THE FAITH, through which they are communicated to Bishops; but in such a way that those dwelling in more remote regions obtain more ample faculties, namely those which, according to the order of the List, are found enumerated in the 1st and 2nd place.

Behold the Formula (n. X) which is accustomed to be communicated to the Bishops of FRANCE.⁶

1. Of absolving from Heresy, and Apostasy from the Faith, and from Schism any persons whatever, even Ecclesiastics, both seculars and Regulars, but not those who have been from places where the Holy Office is exercised, unless they offended in places of Missions in which Heresies rage with impunity, nor those who have judicially abjured; unless these were born where Heresies rage with impunity, and after judicial abjuration, having returned thither, have relapsed into Heresy, and this in the forum of conscience only.

2. Of keeping and reading, but not however of conceding to others, except, yet for a time, to those priests whom he knows to be especially suitable and honorable, prohibited books, the works of Dupuy, Volney, M. Reghellini, Pigault, le Brun, De Potter, Bontham, J. A. Dulaure, Fetes et Courtisanes de la Grece, Novelle di Casti, and other works treating professedly of obscene matters and against Religion being excepted.

3. Of dispensing in the 3rd and 4th simple and mixed degree only with the poor in marriages to be contracted; but in contracted marriages with converted Heretics, also in the 2nd simple and mixed degree, provided that it in no way touches the first degree, and in these cases of declaring the offspring received legitimate.

4. Of dispensing over the impediment of public honesty arising from valid betrothals.

5. Of dispensing over the impediment of crime, neither of the Spouses however plotting, and of restoring the lost Right of asking for the debt.

6. Of dispensing in impediments of spiritual kinship, except between the one lifting and the one lifted.

7. But these Matrimonial dispensations, namely the 3rd, 4th, 5th, and 6th, are not to be conceded except with the clause, provided that the woman has not been abducted, and if she has been abducted, she is not in the power of the abductor, and in dispensations of this kind it is to be declared expressly that they are conceded as by a Delegate of the Apostolic See, to which effect also the tenor of faculties of this kind is to be inserted with expression of the time for which they were conceded.

8. Of dispensing in irregularities arising from occult delict only, with that one excepted which is contracted from voluntary homicide.

9. Of dispensing and commuting simple vows into other pious works, vows of Chastity and Religion being excepted.

10. Of absolving from all censures, even those reserved in a special manner to the Roman Pontiff in the Bull Apostolicae Sedis moderationi of 12 October 1869, with the absolution of an accomplice in a base sin excepted; - in places however where heresies rage with impunity.

11. Of delegating to simple Priests the power of blessing Vestments and other utensils necessary for the Sacrifice of the Mass, where sacred Unction does not intervene, and of reconciling polluted Churches with water blessed by the Bishop, and in a case of necessity even with water not blessed by the Bishop.

12. Of communicating these faculties in whole or in part, as he shall judge necessary according to his conscience, to suitable Priests laboring in the conversion of Souls, only in places where the exercise of the Catholic religion is prohibited.

13. And the aforesaid faculties are to be exercised gratis and without any payment, and are to be understood as conceded for five years only.

14. Of using the same faculties only in the places of the Diocese N.

Note. A question having been proposed, what the mutual relation is between the printed faculties customarily conceded to Bishops both by the Sacred Penitentiary and by the Sacred Congregation of the Propagation of the Faith, the response was: "I have this to signify to You, namely that since faculties are given by Our Most Holy Lord either through the Sacred Congregation of the Propagation of the Faith, or through the Sacred Penitentiary, and since He himself, with attention to the adjuncts of places, persons, and times, concedes them broader or narrower, neither of the Congregations is to be said to restrict faculties given by the other, unless this is expressly provided in the rescript." Moy, Archiv., vol. V, p. 471.

FR. ANTONIUS MARIA, Cardinal Priest of the Title of the Holy XII Apostles, PANEBIANCO, of the Order of Minors of St. Francis Conventual, Major Penitentiary of Our Most Holy Lord the Pope and of the Holy Apostolic See.

To you, Most Reverend Father in Christ... we communicate the below-written faculties, to last for three years, by which, notwithstanding the Constitution Apostolicae Sedis, for the forum of conscience through You, or through Your Vicar General in Spiritualibus, provided that he has been constituted in the Sacred Order of the Presbyterate, even outside sacramental confession for the flock committed to You, and only within the limits of Your Diocese, and by the special Authority of the Apostolic See delegated to You, to be expressed in each case, you may be able to use them, and may be able to impart them to the Canon Penitentiary and also to Forane Vicars for the forum likewise of conscience and only in the act of sacramental confession, even habitually, if it shall have pleased You, but to other Confessors when they have had recourse to You, or to the aforesaid Vicar General, in particular cases of Penitents, for the case set forth, unless because of peculiar causes you shall judge that they are to be communicated to some Confessors to be specially subdelegated by You, for a time to be established at your discretion.

I. Of absolving from excommunication on account of violent hands laid upon Clerics, or Priests, or upon Regulars, provided that death, or mutilation, or a lethal wound, or fracture of bones has not followed; and provided that the cases have not been brought to the external forum, with the things to be enjoined being enjoined, and especially that competent satisfaction be made to the injured party.

II. Of absolving from censures inflicted against duelists only in cases not brought to the forum of the Ordinary; with a grave salutary penance enjoined, and with other things enjoined which by law will have to be enjoined.

III. Of absolving any penitents whatever, whether men or women (public heretics, or those publicly dogmatizing, excepted), from any sentences, censures, and ecclesiastical penalties incurred on account of heresies externalized either with no one hearing or noticing, or before others, on account of infidelity and abjuration of the Catholic Faith privately admitted, sorceries and heretical malefices perpetrated even with associates, and also on account of invocation of the Demon with a pact of giving the soul, and idolatry furnished to him and heretical superstitions exercised, and finally on account of any false Dogmas whatever insinuated; after, however, the penitent has denounced the accomplices, if he has any; and insofar as, on account of just causes, he cannot denounce before absolution, a serious promise having been made by the penitent of carrying out the denunciation as soon as possible and in the better manner in which it can be done; and after in each case he has secretly abjured the heresies before the absolver, and has expressly revoked the pact entered with the cursed Demon; the bond perhaps written out having been handed over to the same absolver, and other superstitious means, all to be burned or destroyed, with a grave salutary penance enjoined according to the measure of the excesses, with frequency of the Sacraments, and the obligation of retracting himself before the persons before whom he manifested the heresies, and of repairing the scandals inflicted.

IV. Of absolving from censures incurred on account of violation of the enclosure of Regulars of each sex, provided that it was not with intention toward an evil end, even though the effect did not follow, and provided that the cases have not been brought to the Forum of the Ordinary, with a congruous salutary penance. And besides, of absolving women only from censures and ecclesiastical penalties incurred on account of violation, for an evil end, of the enclosure of Religious men, provided however that the cases remain occult; with a grave salutary penance enjoined, with prohibition of approaching the Church and Convent, or Coenobium, of the said Religious, while the occasion of sinning endures.

V. Of absolving from censures incurred on account of retention and reading of prohibited books, with a congruous salutary penance enjoined, and also the firm obligation of handing over, as by law, either by himself or through another without any delay, and insofar as it can be done, before absolution, the prohibited books, if the penitent retains any in his power.

VI. Of absolving from a case reserved to the Apostolic See on account of gifts received from Regulars of each sex: with a salutary penance enjoined, and when there is question of gifts which do not exceed the value of ten scudi, with some alms imposed, to be taxed by the judgment of the absolver, and cautiously distributed as soon as he can, for the benefit of the Religion to which restitution would have to be made: provided however that it is not established that those gifts were from the proper goods of the Religion; but insofar as the gifts received either were beyond the value of ten scudi, or are established to have been from the proper goods of the Religion, restitution having first been made, or, if he cannot fulfill it at present, a serious promise having been issued of making restitution within a term to be predefined by the judgment of the absolver, otherwise under reincidence.

VII. Of absolving from censures and ecclesiastical penalties those who have given their name to forbidden Masonic or Carbonarian sects, and other similar ones, or have furnished favor, yet in such a way that they separate themselves altogether from the respective sect and abjure it; books, manuscripts, and signs regarding the sect, if they retain any, they are to hand over into the hands of the absolver, to be cautiously transmitted as soon as possible to the Ordinary, or at least, if just and grave causes demand this, to be burned, with grave salutary penance enjoined according to the measure of faults, with frequency of sacramental Confession; and also of absolving those who culpably neglected to denounce the occult leaders and masters of such sects, with salutary penance likewise enjoined, and the firm obligation under reincidence of denouncing the same to You, or to others to whom it belongs, as by law.

VIII. Of absolving Religious of any Order whatever (even Nuns, however through Confessors approved by You or to be specially deputed for them) not only from the preceding things, but also from cases and censures reserved in their Religion, provided that the Religious have had legitimate license of making Confession outside their own Order.

IX. Of dispensing for asking the conjugal debt with a transgressor of the vow of chastity, who has contracted Matrimony with the said vow, by warning a penitent of this kind that he is held to observe the same vow, both outside the licit use of Matrimony, and if he shall survive his husband or wife respectively.

X. Of dispensing with an incestuous man, or incestuous woman, for asking the conjugal debt, the right of which he or she has lost from supervening occult affinity through carnal copula had with a female blood-relative, or male blood-relative, whether in the first, or in the first and second, or in the second degree, of his wife, or respectively of her husband, with the occasion of sinning removed; and with a grave salutary penance enjoined, and sacramental Confession once each month for a time to be established at the discretion of the one dispensing.

XI. Of dispensing over the occult impediment of the first, and also of the first and second, and of the second degree only of affinity arising from illicit carnal copula, when there is question of a matrimony already contracted with the said impediment, and insofar as there is question of copula with the mother of his putative wife, provided that it followed after the birth of the same putative wife; and not otherwise: the penitent having been warned concerning the necessary secret renewal of consent with his putative wife, or her putative husband, once he or she has been made certain concerning the nullity of the prior consent, but so cautiously that the offense of the penitent himself is nowhere detected: and insofar as this making certain cannot be done without grave danger, consent having been renewed according to the rules handed down by approved authors, with the occasion of sinning removed; and with salutary penance enjoined, and sacramental Confession once in the month for a time to be established at the discretion of the one dispensing.

Likewise. Of dispensing over the said occult impediment of affinity from illicit copula also in Matrimonies to be contracted, when however all things have been prepared for the nuptials, and the Matrimony cannot be deferred until a dispensation can be obtained from the Apostolic See without danger of grave scandal: with the occasion of sinning always removed, and the condition remaining firm that copula had with the mother of the woman does not precede the birth of this woman; with salutary penance enjoined in each case.

XII. Of dispensing over the occult impediment of crime, provided that it is without any plotting, and there is question of a Matrimony already contracted; the putative spouses having been warned concerning the necessary secret renewal of consent: and with grave salutary penance enjoined and sacramental Confession once each month for a time to be established at the discretion of the one dispensing.

XIII. Of dispensing over the impediment of the third, or of the third and fourth, or of the fourth simple degree, whether of the degree of consanguinity or affinity, over which or which a dispensation has been obtained from the Apostolic See, and in the letters of such dispensation incestuous copula, which nevertheless remains occult, was kept silent.

And also of dispensing or revalidating letters of this kind rendered void and null from incest, whether perpetrated and repeated after the dispensation had been requested, or after its dispatch and before the respective execution, up to the same execution, in cases always occult, whether there is question of Matrimony to be contracted, or already contracted, the putative spouses, in a contracted Matrimony, having been warned concerning the necessary secret renewal of mutual consent; with congruous salutary penance enjoined in individual cases. (But see n. 2051, Note, as regards marriages entered or to be entered after the Decree of 25 June 1885.)

Given at Rome from Our House on the day 20 May 1874.

A. Pellegrini, Regent of the S. P. - Hip. Cañcus Palombi, Subst. of the S. P.

Note. The Bishops of ITALY are furnished besides by the Sacred Penitentiary with opportune faculties to be renewed annually: for the absolution of haters of the Pontifical Dominion, namely of those who hold public offices in the usurped region; - likewise, as regards Patrons of Benefices, if these are vacant; - as regards purchasers of the goods of the Church, whether movable or immovable, and as regards the leasing of immovables; as regards ecclesiastical immunity; - as regards unhappy Confessors who have absolved an accomplice: - and this under certain clauses (cf. Del Vecchio, tom. I, Appendix XII).

FR. ANTONIUS MARIA, Cardinal Priest of the Title of the Holy XII Apostles, PANEBIANCO, of the Order of Minors of St. Francis Conventual, Major Penitentiary of Our Most Holy Lord the Pope and of the Holy Apostolic See.

To you, beloved Confessor in Christ, legitimately approved by the Ordinary of the place for receiving the sacramental confessions of each sex, we concede the below-written faculties, by which, notwithstanding the Constitution Apostolicae Sedis, you may be able to use Apostolic Authority for the forum of conscience and in sacramental Confession, and not otherwise, yet in such a way that you ought not to manifest them to anyone, unless necessity or utility shall have required it.

I. Of absolving from Excommunication on account of violent hands laid upon Clerics, or Priests, whether Seculars or Regulars, in cases however not brought, nor easily to be brought, to the forum of the Ordinary; provided that death, or mutilation, or lethal wound, or fracture of bones has not followed, and with congruous salutary penance enjoined with the obligation of cautiously and competently satisfying the injured party.

II. Of absolving from Censures inflicted against duelists, provided that the cases have not been brought to the forum of the Ordinary; with grave salutary penance enjoined, and the other things enjoined which by law will have to be enjoined.

III. Of absolving any Penitents whatever, whether men or women (public heretics or those publicly dogmatizing excepted²) from any Sentences, Censures, and Ecclesiastical Penalties incurred on account of heresies externalized either with no one hearing or noticing, or before others, on account of infidelity, and abjuration of the Catholic Faith privately admitted, sorceries, and heretical malefices perpetrated even with associates, and also on account of invocation of the Demon with a pact of giving the soul, and idolatry furnished to him, and heretical superstitions exercised, and finally on account of any false dogmas whatever insinuated; after however the Penitent has denounced the accomplices, if he has any in the aforesaid things, to the Ordinary of the place, or to the Minister of the Sacred Inquisition in places in which the authority of the Sacred Inquisition flourishes, as by law; and insofar as there is question of places in which the authority of the Sacred Inquisition does not flourish, or on account of just causes he cannot denounce before absolution, a serious promise having been made by the Penitent of carrying out the denunciation as soon as possible, and in the better manner in which, by your judgment, it can be done, before the Ordinary of the place; and after in each case he has secretly abjured the heresies before You, and expressly revoked the pact entered with the cursed Demon; the bond perhaps written out having been handed over to You, and other superstitious means, all to be burned; with grave salutary penance enjoined according to the measure of excesses, with frequency of the Sacraments, and the obligation of retracting himself, by your prudent judgment, before the persons before whom he manifested the heresies, and of repairing the scandals inflicted.

IV. Of absolving from Censures incurred on account of violation of the enclosure of Regulars of each sex, provided that it was not with intention toward an evil end, even though the effect did not follow, and provided that the cases have not been brought to the forum of the Ordinary, with congruous salutary penance. And besides, of absolving Women only from Censures and Ecclesiastical Penalties incurred on account of violation, for an evil end, of the enclosure of Religious Men, provided however that the cases remain occult; with grave salutary penance enjoined, with prohibition of approaching the Church, and Convent, or Coenobium, of the said Religious, while the occasion of sinning endures.

V. Of absolving from Censures incurred on account of retention and reading of prohibited books, with congruous salutary penance enjoined, and also the firm obligation of handing over to the Ordinary of the place, or to whom by law, either by himself or through another without any delay, and, insofar as it can be done, before absolution, the prohibited books, if the penitent retains any in his power.

VI. Of absolving from a case reserved to the Apostolic See on account of gifts received from Regulars of each sex: with salutary penance enjoined, and when there is question of gifts which do not exceed the value of ten scudi, with some alms imposed to be taxed by your judgment, and cautiously distributed, as soon as he can, for the benefit of the Religion to which restitution would have to be made; provided however that it is not established that those gifts were from the proper goods of the Religion; but insofar as the gifts received either were beyond the value of ten scudi, or are established to have been from the proper goods of the Religion, restitution having first been made, or, if he cannot fulfill it at present, a serious promise having been issued of making restitution within a term to be predefined at your discretion, otherwise under reincidence.

VII. Of absolving from Censures and Ecclesiastical Penalties those who have given their name to forbidden Masonic or Carbonarian Sects, and other similar ones, or have furnished favor, yet in such a way that they separate themselves altogether from the respective Sect and abjure it, books, manuscripts, and signs regarding the Sect, if they retain any, they are to hand over into your hands, to be cautiously transmitted as soon as possible to the Ordinary, or at least, if just and grave causes demand this, to be burned; with grave salutary penance enjoined according to the measure of faults, with frequency of sacramental Confession, and other things enjoined to be enjoined by law: and also of absolving those who culpably neglected to denounce the occult leaders and masters of such Sects, with salutary penance likewise enjoined, and the firm obligation under reincidence of denouncing the same to the Ordinary of the Place, or to others to whom it belongs, as by law.

VIII. Of absolving Religious of any Order whatever, provided that they have had legitimate license of making Confession outside their own Order, and also Nuns (provided however that you have been approved and deputed by the Ordinary for them) not only from the preceding things, but also from Cases and Censures reserved in their Religion.

IX. Of commuting, the causes having been considered, all simple Vows into other works of penance or piety: except the five Vows reserved to the Apostolic See, namely of Chastity, and Religion, and of the three Pilgrimages, namely to the sacred Thresholds of the Holy Apostles, to St. James in Compostella, and to Jerusalem, and also penal Vows for restraining oneself from sins; and besides the Vow of not playing games; and vows in which there is question of prejudice or of the right of a Third party.

X. Of dispensing for asking the conjugal debt with a transgressor of the Vow of Chastity, who has contracted matrimony with the said Vow, by warning a penitent of this kind that he is held to observe the same, both outside the licit use of matrimony, and if he shall survive his husband, or respectively wife.

XI. Of dispensing with an incestuous man, or incestuous woman, for asking the conjugal debt, the right of which he or she has lost from supervening occult affinity through carnal copula had with a female blood-relative, or male blood-relative, whether in the first, or in the first and second, or in the second degree of his wife, or respectively of her husband, with the occasion of sinning removed, and with grave salutary penance enjoined, and sacramental Confession once each month, for a time to be established at your discretion.

XII. Of dispensing over the occult impediment of the first, and also of the first and second, and of the second degree only of affinity arising from illicit copula, when there is question of matrimony already contracted with the said impediment: yet in such a way that if affinity of this kind arises from copula with the mother of the betrothed woman, the birth of the betrothed woman precedes the copula itself: