Article II: On Those Things Which Are Prohibited To Clerics

2224. • To Clerics generally are PROHIBITED the things which are unbecoming to their state, either because they draw the mind away too much from divine things, or because they bring chastity into danger. - Things of this kind are certain secular arts and offices, trading, games of chance, hunting and the bearing of arms, entrance into taverns, dances and comedies, and conversation with suspect women.

2225. • I. As regards ARTS, by canon law every art which is judged contrary to the respectability of the clerical state is prohibited to ALL CLERICS, as the art of an innkeeper, butcher, jester, etc. - from Clement. Dioecesanis, de vita et honest. Clericorum.¹¹

Specifically, to Clerics INITIATED IN SACRED ORDER there is prohibited: 1. The public study of medicine, namely in public schools and Universities.¹² - 2. The exercise of the medical and surgical art where there is need of incision, amputation, or cautery, and necessity is not present: and indeed under the penalty of irregularity, if mutilation or death follows from this (cf. n. 1940, 3). - Yet if an expert is lacking, and the case urges, the Cleric can without sin, and therefore without danger of penalty or irregularity, perform incision or cautery.¹³ Nor is he prohibited from giving his help to others, especially to the poor or relatives, and from aiding them with excellent counsels of the salutary art.¹⁴

2226. • II. As regards OFFICES, it is forbidden to Clerics in sacred Orders, or to beneficiaries: 1. that they act as judge in a cause of blood; likewise that they act as advocate or notary in secular courts: except in the case in which one's own cause had to be defended, or the cause of one's own Church, or the cause of a poor person or of a person joined by nearness (at least in the fourth degree), who would not find another defender; - 2. that they act as tutor or curator of minors, if an account must be rendered for goods administered; except in the case in which the wards or minors were near by consanguinity (or affinity); - 3. that they act as procurator of secular persons, if an account must be given concerning the procuration. The reason for all these things is that saying of the Apostle: "No one serving as a soldier for God entangles himself with secular business" (2 Tim. 2:4).

But although the office of procurator is generally forbidden, "I would nevertheless not dare," says St. Alphonsus,¹⁵ "to condemn of mortal sin a cleric who, on account of such procuration, would not neglect his ministries; especially if he did this not for the cause of avarice, but in order to preserve more fittingly his own state and that of his family." For the law speaks only concerning him "who would so immerse himself in procurations of this kind that therefore he would be forced to neglect his ministries."

2227. • TRADING properly so called, or lucrative, is the purchase of a thing made for this end, that, the thing not having been changed, it be resold with profit. Improperly so called, or artificial, is the purchase of a thing made for this end, that, changed by art or industry, it be resold with profit, e.g. if from purchased wool cloth to be sold is made.

I. Trading PROPERLY SO CALLED is severely prohibited to RELIGIOUS, BENEFICED Clerics, and those who have been INITIATED IN SACRED ORDERS: as is established from innumerable witnesses of canon law, and especially from Trent.¹⁶ Whence they sin gravely, indeed, they incur suspension and excommunication ferendae sententiae (and also the penalty of spoliation), if they trade frequently; but if rarely, and not in a great quantity, they are excused (at least from mortal sin) on account of smallness of matter, because the laws speak concerning one exercising it, such as he is not who posits one or another act.

But it does not matter whether the trading is exercised in one's own name, or in another's, or through others; for this is forbidden under the same penalties both by the bull Apostolicae of Benedict XIV, 25 February 1741, and by the constitution Cum primum of Clement XIII, 17 September 1759. - Whence, if business begun by a layman is transferred to a cleric by any title whatever, it must immediately be laid aside by him, even in the case in which the trading could be exercised through co-heirs or partners. But if they cannot be laid aside without detriment, continuation is indeed permitted by reason of necessity, but only for a time, and through an interposed lay person, and with the permission of the Sacred Congregation of the Council in Italy, or of the Ordinary outside Italy.¹⁷

2228. • II. ARTIFICIAL trading is not prohibited to Clerics, nor to Religious, provided they exercise it HONESTLY, and BY THEMSELVES. The reason is because to buy a thing so that, changed for the better, it may be sold more dearly is not properly to trade, but to obtain the reward of one's labor, as St. Thomas teaches¹⁸ with others. And this is clear from the example of St. Paul, who was of the tent-making art.

We said honestly, i.e. without scandal, without disgrace, and without detriment to one's own ministry; by themselves; because if things are changed by hired workers, another's labor is now judged to be bought and sold with profit: which is equated with trading properly so called.

From these things you will resolve: 1. It is LICIT for a Cleric to rent out his estates and animals for a pension; - to cultivate his fields by the work of laymen, and to sell the fruits; - to buy animals, and fatten them with fodder coming from his own lands; indeed probably, with fodder bought for this end, that he may sell them fattened with profit, or that he may make profit from offspring, milk, wool. - Similarly, it is licit for a Cleric to buy several things for the security of his provision, and to sell more dearly what remains; or to sell more dearly that which he had bought for his own use, if an occasion presented itself of buying another similar thing more cheaply; for these things pertain to economy.

2. It is NOT LICIT for a Cleric to lease the fields of another, so that he may cultivate them through workers, and sell their fruits; or so that he may fatten animals, and sell them fattened; nor to buy estates or animals for this end, that he may resell them with profit.¹⁹ - Nor is it licit, either by himself or through others, to contract active exchange, as Clement XIII decreed in the cited Constitution Cum primum; - nor to acquire shares of a partnership in commendam (commonly accomandita), as is established from the declaration of the Sacred Congregation of Bishops and Regulars made on 30 January 1846²⁰ (cf. n. 1158). - But otherwise, if it is a question of mere obligations, which have only the character of a loan: such as annual revenues founded in the public treasury, and bonds of industrial companies. Yet it would not be licit to trade in them, i.e. habitually to buy them with the mind of selling more dearly when their price has increased.

To the question: "Whether it is licit for ecclesiastical persons to buy TITLES over railroads and to receive the profit coming from them?" the Congregation of the HOLY OFFICE on 1 April 1857 responded: "The Most Holy One grants faculties to be communicated to Bishops through the Sacred Congregation of Bishops, of permitting ecclesiastics to receive shares of railways, from their own money only."²¹

Whether that Response can be extended to similar cases, with respect to all industrial or mercantile companies, is not outside controversy; but it seems probably to be affirmed.²²

NB. As regards commerce which is exercised in the Indies, recall what was said n. 1346.

2229. • 1. HUNTING is prohibited to Clerics. This is established from various places of Law, but especially from the Fourth Lateran Council, can. 15, and from Trent,²³ which specifically enjoins upon beneficiaries that "they abstain from illicit hunts, fowling, etc."

Furthermore it must be NOTED: - 1) The Doctors commonly understand this prohibition concerning clamorous hunting, or that which is done with a great noise of arms and dogs for killing larger wild animals; but not concerning quiet hunting, which is done without noise for catching birds or smaller wild animals, such as hares, foxes, etc. Fishing is forbidden by no canon. - 2) Clamorous hunting is not a grave sin, unless it is frequent, or is done with scandal, or with great expenses. - Indeed, it is probably devoid of every fault if it is rare and moderate; or is done from necessity, or for the sake of exercise, without the omission of duties.²⁴ Diocesan Statutes must also be consulted about a matter of this kind.

2. BEARING OF ARMS, necessity having been set aside, is prohibited to clerics, just as hunting is.²⁵ This is established from cap. 2, de vita et hon. Cler., where it is said: "Clerics bearing arms are to be excommunicated." - The reason is because arms

are instruments of savagery; and therefore most alien from the meekness of Christ the Lord. Wherefore Clerics constituted in sacred Orders sin gravely who take up military service. Yet those are not to be reprehended who cooperate in a just war by counsel, exhortation, or even assistance, provided they do not bear arms, nor perform the office of commander.¹

Note. Today, in several Kingdoms, clerics are forced to enroll in secular military service. - Concerning this violation of clerical immunity PIUS IX complained bitterly in the Letter Singularis given on 29 September 1864 (cf. Syllabus n. 32) and in the allocution held on 12 April 1875 to the Catholic international deputation. - Finally, the Congregation of the HOLY OFFICE, 16 September 1875, handed down certain norms to Bishops, that they might provide, as far as they can, for the good both of religion and also of the clerics themselves who are constrained to serve as soldiers.²

2230. • Innocent III in the Fourth Lateran Council, concerning the life and honesty of Clerics, gravely decreed these things: "Let Clerics altogether avoid taverns, unless perhaps constituted on a journey by cause of necessity."³ And this is the universal law, to which other decrees in different dioceses have been added, which therefore must be consulted, lest one depart from the rules of decency.

As regards secular banquets, St. Jerome admonishes:⁴ "Let us never seek them; when asked, let us rarely accept: a cleric is easily contemned who, often called to dinner, does not refuse."

2231. • The GAME OF DICE is prohibited to Clerics in Sacred Orders, as also to Beneficiaries, and especially to Bishops, as is established from the Fourth Lateran Council can. 16⁵ and from Trent.⁶ Now under games of dice are to be understood games of chance, which depend not on art but on chance: such are games of knucklebones, or dice; but not games of cards, unless they are of mere chance.⁷

Hence St. Alphonsus teaches: - 1. The aforesaid clerics sin gravely if they frequently and for a long time indulge in public games of mere chance, although in a small amount; "because a game of this kind notably disgraces the clerical state. - And the same must be said if they expose a great sum to the game, although rarely: at least when in this there would be grave scandal of others."⁸

2. They do not sin gravely if they play rarely, moderately, and privately, without scandal of others. Indeed, not even venially, as is probable, if this is done for the sake of recreation, in a place where the aforesaid canons are not rigidly observed.⁹

2232. • DANCES, COMEDIES, and generally all SPECTACLES are prohibited to Clerics. This is established from Trent.¹⁰ And the reason is because such amusements disgrace the clerical state, and because by them sanctity of life is brought into the utmost danger. - Yet it is not prohibited to Clerics that, for the sake of honorable recreation and exercise, they be present at those spectacles which are customarily represented in Communities. - Indeed, it is not prohibited to them that they act some parts in scenes of this kind, all the rules of modesty and temperance being surely observed.¹¹

2233. • I. In the FIRST NICENE Council¹² (can. 3) these things are read: "The great Synod has altogether forbidden that it be licit, not for a Bishop, not for a Presbyter, not for a Deacon, nor for anyone at all who is in the Clergy, to have an introduced woman,¹³ unless perhaps a mother, or sister, or aunt, or only those persons who escape suspicion." And TRENT commands that the disobedient be affected by the most severe penalties to be inflicted by the Bishop.¹⁴

It is permitted, speaking in itself, to live with women who are not suspect, such as commonly are reputed: 1) relatives by blood in the first and second degree; 2) relatives by affinity in the first degree; 3) women rather advanced in age, and commendable by reputation, although they are strangers. - We said speaking in itself, that is, provided every danger and scandal are excluded, and diocesan Statutes are obeyed, which certainly, in this matter, have the force of law.

II. Not only must conversation with women be avoided by Clerics, but also, as far as it can be done, the very ACCESS to their houses, and every useless COLLOQUY with them. Whence Scripture (Ecclus. 42:12): "Do not tarry in the midst of women; for from garments proceeds the moth, and from a woman the iniquity of a man." - And lest anyone trust in past chastity for himself, thus St. Augustine admonishes, apud St. Thomas:¹⁵ "I have found great Prelates of the Church to have fallen under this appearance, concerning whose fall I no more presumed than concerning Jerome and Ambrose."¹⁶ (cf. n. 1791, 3).

Note. Suitably here there come to be transcribed the excellent ADMONITIONS of the provincial Council of Vienna celebrated in the year 1858:¹⁷ "It befits a Priest," says the holy Synod, "to flee not only evil, but also the appearance of evil. Let him utterly abstain from more frequent companionship with women, even those who not undeservedly obtain the praise of piety and modesty. The maidservants whom he needs for managing domestic affairs should be of more mature age and of most entire reputation, chaste, sober, subject, so that he who is on the opposite side may revere, having nothing evil to say; he is not to tolerate that they dress more expensively, or frequent dances. Whatever savors of more familiar commerce, let it be far away. Let him not have a maidservant as a table-companion, nor walk with her, or go to others' houses, or ride in the same vehicle, unless perhaps public. Let him by no means allow her to involve herself in matters which do not pertain to her, or arrogate to herself the role of mistress. It is over with the authority of the Pastor, whom his people suppose to depend upon the imperious will of a woman. - Nor must anything be indulged to female relatives by blood which disgraces the priestly house, or disturbs the order of ecclesiastical affairs."

2234. • The PRIVILEGES of Clerics are restricted to almost THREE, which are: 1. the privilege of competence, by force of which a cleric bound by debt and unequal to paying cannot be constrained to pay unless first the things necessary for honorable support have been deducted; 2. the privilege of canon, by reason of which they incur excommunication who unjustly lay hands upon clerics (or Monks of either sex) (cf. n. 1329); - 3. the privilege of forum, by which it happens that Ecclesiastical persons (under which name Religious men and women equally come) can be summoned only in the ecclesiastical forum.¹⁸

The conditions necessarily to be observed by Clerics, that they may enjoy the privilege of forum, are thus set forth by Trent:¹⁹ "Let him (a cleric) not enjoy the privilege of forum unless he has an ecclesiastical benefice; or, carrying clerical habit and Tonsure, serves some Church by command of the Bishop; or in a Seminary of Clerics, or in some school or university, with the permission of the Bishop, is engaged as if on the way to receiving major Orders" (cf. n. 201 and 2223).

These privileges have been derogated more or less through various Concordats, which the Holy See wishes to be religiously observed.

"Moreover, in those places in which the privilege of forum has not been derogated by the Supreme Pontiffs, if in them it is not possible to prosecute one's rights except before lay judges, individuals are held first to ask permission from their own Ordinary, that they may be able to summon CLERICS into the forum of laymen; and Ordinaries will never deny it, especially when they themselves have given their labor in vain to reconciling controversies between the parties. - But it is not licit to summon BISHOPS into that forum without the permission of the Apostolic See. And if anyone shall have dared to drag before a lay judge or judges either a cleric without permission of the Ordinary, or a Bishop without permission of the Holy See, it will be in the power of those same Ordinaries to proceed against him, especially if he has been a cleric, by penalties and censures ferendae sententiae as against a violator of the privilege of forum, if they shall judge this expedient in the Lord" (Instruction of the HOLY OFFICE, 23 January 1886).²⁰