Article II. On the Negative Obligations of Clerics

Generally clerics are prohibited lest they give themselves to those things which disgrace the ecclesiastical state; but especially the following things are forbidden to them: 1st. habitation with women; 2nd. game of chance; 3rd. carrying of weapons and hunting; 4th. business; 5th. entrance into taverns; 6th. exercise of medicine and surgery. Something will be said briefly concerning each.

Habitation under the same roof with women, already from the earlier times of the Church, was generally prohibited to clerics through the sacred canons. For thus it is had in the First Council of Nicaea, can. 3: "The great Synod altogether forbade that it be licit for a Bishop or Priest, nor Deacon, nor any one at all of those who are in the clergy, to have an introduced woman, except indeed mother or sister or aunt, or only persons who flee every suspicion."

Thus also the new Code:

§1. Let clerics take care not to retain with themselves or in any way frequent women concerning whom suspicion could exist.

§2. It is licit for them to cohabit only with those women in whom the natural bond permits nothing evil to be suspected, such as mother, sister, aunt, and the like, or from whom proven honesty of morals, joined with more advanced age, removes every suspicion.

§3. Judgment whether retaining or frequenting women, even those upon whom suspicion commonly does not fall, in some particular case can be a scandal or bring danger of incontinence, pertains to the Ordinary of the place, whose office it is to prohibit clerics from this retention or frequentation.

§4. The contumacious are presumed concubinarians (Can. 133).

But as regards this region, the Plenary Council of Baltimore III, n. 81, has these things: "Because it is not enough to admit no crime in the clergy, but it is altogether necessary to keep far away even the lightest suspicion of crime, we admonish the Bishops in the Lord that they diligently and firmly watch over the execution of the decree of Our Predecessors concerning the association of clerics with women. 'Therefore we wish, first of all, that [a priest] not use excessive association and familiarity with secular women, not even excepting his own; and that he not allow them, although joined by near relationship, to dwell with him in the same house, unless they have been most proven in life and morals, and in no way, whether directly or indirectly, involve themselves in carrying out sacred offices or in administering the things of the church. Let him have no housekeeper, maid, or other female servant, unless she is of more mature age and enjoys a wholly unimpaired reputation. Never in their presence or that of relatives, if he has any with himself, let him speak words concerning the governance of the flock, concerning the business of the church, concerning the vices or defects of parishioners.' Besides, to avoid inconveniences of manifold kind, We make Our own the words of the Fathers of the Plenary Council of Ireland at Maynooth, namely, 'let no pastor . . . retain in his house families of in-laws or blood-relatives. But if his assistants live in the same house with the pastor, we wish that pastors in the aforesaid house in no way retain younger blood-relatives or in-laws, unless the Ordinary permits it.'"

I

Let clerics abstain entirely from all those things which disgrace their state: let them not exercise unbecoming arts; let them not occupy themselves with aleatory games, with money exposed; let them not carry weapons, unless a just cause of fearing is present; let them not indulge in hunting, and let them never exercise noisy hunting; let them not enter taverns and other similar places without necessity or another just cause approved by the Ordinary of the place (Can. 138).

Dice-playing, namely that which is placed wholly in pure fortune and whose outcome depends on mere chance, is severely prohibited to clerics. Cf. Plen. Council of Baltimore II, nn. 154, 155, 162, in append. p. 287, and Plen. Council of Baltimore III, nn. 80, 82.

Concerning this matter the Baltimore Fathers, Plen. Council II, n. 154, speak thus: "There are some games which, although they are done privately and at home, nevertheless disgrace a cleric. There are others in which dice indeed and painted cards, as they call them, are employed; but insofar as they can honorably recreate and delight the mind, they are not forbidden by the sacred canons. Therefore let a cleric flee illicit games; let him use licit ones so that by excess or scandal they do not become illicit."

Carrying weapons also is prohibited unless a just cause of fearing is present. Carrying is prohibited because it disgraces the character of clerics, who ought to be meek according to the example of Christ. Cf. Plen. Council of Baltimore II, n. 153.

Let them not indulge in hunting; therefore the very custom seems rather to be prohibited. But let them never exercise noisy hunting, which is done, as formerly it was done, with dogs and the clatter of weapons or falcons.^1 Hunting with one dog here and there and briefly done for honorable recreation, a fortiori for health, does not seem illicit, scandal being removed. Cf. S. C. de Prop. Fide, Aug. 1827.

^1 Cf. Addenda, p. 1112, n. 56.

Clerics are prohibited from exercising business or trade by themselves or through others, whether for their own utility or that of others (Can. 142). Cf. St. Alphonsus, de Contract., nn. 832 and 833.

Yet note that by ecclesiastical law only business properly so called is forbidden, for which these things are required: that a thing be bought and sold; that it be sold more dearly and unchanged; that it was bought with the intention that, unchanged, it be sold more dearly. Therefore it is a certain species of purchase and sale. The profit to be sought is its very end. Another kind is purchase and sale by which necessities are bought for sustenance, and superfluous things are sold, and it is called economic. Finally, another kind is purchase and sale by which something is bought and, changed by industry, is sold, and it is called artificial. Business strictly so called in some way denotes a habit, and therefore one who negotiates once or again does not of itself gravely violate the law. The second species is licit to all. Finally, the third is illicit to clerics if it disgraces their state. Business properly so called of itself disgraces the clerical state, because it is ordered to profit, and on account of the frequent vices of those engaged in business. - St. Thomas, 2-2, q. 77, a. 4, ad 3. Business exercised through others in their name is likewise prohibited to clerics. Benedict XIV, by the Apostolic Constitution, forbade that business be exercised by clerics through others; and therefore he ordered business begun by others but falling to clerics by inheritance or by another title to be immediately dismissed. But if this cannot be done, he permitted business to be conducted by a lay person for a time, with faculty of the Apostolic See in Italy and of the Ordinary outside Italy. For a similar reason, to guard against abuses, Clement XIII, by the Constitution Cum primum, prohibited that, even when necessity for the sustenance of themselves and their own compels, business be begun without the permission of the same, of the Supreme Pontiff for Italy and of the Ordinary outside Italy. - Cf. St. Thomas, 2-2, q. 77, art. 4. Scavini, lib. 1, tract. 3, n. 477.

What a share is and what a bond is. A share is a part of the whole capital of some company. Namely the whole capital (stock) of a company devoted to business ordinarily is divided into parts of determinate value, shares, actions, Aktien; and one who possesses them has a right to a part of the fruits and benefits coming from the action of the company, and is called a shareholder or partner or member of the company (stockholder). Such a company, suppose, needs a new sum of money; it seeks money by mutuum by issuing new titles to those who hand over a certain sum as mutuum. These titles are called bonds, because by these the company obliges itself toward creditors for interest and principal. One who possesses bonds (bonds, obligations, Obligationen) (bondholder) is a simple creditor of the company.

Therefore it is asked whether it is licit for clerics to accept bonds of such companies. Certainly this is licit for them, because it is permitted to them to lend or give their money as mutuum for interest. But what concerning buying shares of these companies? It is certain, at least we judge that this must be held altogether, that habitually to buy those shares at a cheaper price so that they may be sold at a greater price, or to speculate, is altogether prohibited; this truly disgraces the priestly state and gives scandal to the people. But to obtain more or less legitimate profit by holding shares of either commercial or industrial companies certainly is not illicit. For authors vary; nor has the Holy See decided the matter by its responses. Indeed one who retains these shares and does not intervene in the very administration of the company certainly does not effectively influence the direction, and thus, strictly speaking, he does not engage in business. Often shareholders have no part at all in administering the business, or are not bound to have a part, or perhaps their influence is so small that it can be considered nothing. Finally, the response of the S. C. of the Inquisition seems to favor the more benign opinion. "According to the things set forth and with attention to the peculiar circumstances of the times, ecclesiastical persons are not to be disturbed if they have bought or buy shares or titles of a banking house, provided they are prepared to stand by the commands of the Holy See, and abstain from any business of the said shares or titles, and especially from every contract which has the appearance, as it is commonly said, 'of the games of the exchange,'" 15 April 1885. Cf. Ball.-Palm., v. 4, nn. 299 et seq. - Bulot, nn. 94 et seq. - Ojetti, Synopsis, Actiones. - Sebastiani, n. 390. - Genicot, n. 49. - Diction. de Theol. Cathol., Commerce, Antoine.

"Stock in law represents the capital of corporations and is usually divided into shares of a definite value denoting the rights in the assets, profits and management of the company. A certificate of stock is a mere evidence that the person therein designated is entitled to an interest in the company which is stated. Stock may be common and preferred; holders of the common stock have an equal right in the company and its profits: holders of the preferred stock are entitled to a preference over the other shareholders, but they are not creditors of the corporation. Dividends on stock represent a division of the surplus or net profits arising from the business of the company. Stock is considered as personal property and may be transferred at the will of the owner by proper assignment of the certificate." - The Americana, v. 14.

"Preferred stock has a fixed rate of dividends attached to it, which must be paid before the common stockholders can receive anything. Preferred stock differs from a bond in that it is not secured by a mortgage on the property while the holder, in the United States generally, has a voice and a vote in the management. The preferred stockholder is thus not a creditor, but a preferred partner in the concern. The common stock is entitled to all the earnings after the interest on the bonds and the dividends on the preferred stocks have been paid. Its rate of dividend thus depends on the profits of the company. . . ."

"Bonds represent the funded debt of a company and are usually secured by some mortgage on its property. They are of various kinds. The first mortgage bond usually stands highest, in that it has a first lien on the property covered by the mortgage. In some cases however prior-lien bonds are issued and these, as their name indicates, take precedence."

"Second and third mortgage bonds take rank after the first. . . . Registered bonds are bonds recorded on the books of the corporation in the names of their holders to whom the interest is sent; coupon bonds are bonds to which are attached dated certificates representing the interest due on the bond at the regular periods of payment. These may be cut off from the bond and the interest collected through the bank the same as checks." - Pratt, The Work of Wall Street, pp. 77-78.

As regards us, the Baltimore Fathers establish these things: "Renewing the precepts of the Canons, we decree that [clerics] not conduct trade of any things or goods whatsoever, or of money; not exercise gainful businesses in their own name, or under the covering of another's name; not hire others' estates for the sake of profit; not become surety for others; not, without the Bishop having been consulted, become procurators in the affairs of others; not assume the care and guardianship of anyone, except their own, unless the Bishop consents." - Cf. Plen. Council of Baltimore II, n. 157; and Plen. Council of Baltimore III, n. 82.

Entrance into taverns and similar places outside a case of necessity, or another just cause approved by the Ordinary, is prohibited. Cf. Lateran Council IV. "Let [clerics] entirely avoid taverns unless perhaps they are placed on a journey by cause of necessity." Plen. Council of Baltimore II, n. 62, and Plen. Council of Baltimore III, n. 80.

Let clerics not be present at spectacles, dances, and pageants which disgrace them, or in which it is unfitting for clerics to take part, especially in public theaters (Can. 140).

§1. Let them not volunteer for secular military service unless with the permission of their Ordinary, so that they may be free more quickly; nor let them render aid in any way to civil wars and disturbances of public order.

§2. A minor cleric who, against the prescription of §1, has voluntarily given his name to military service, by the law itself falls from the clerical state (Can. 141).

§1. Let them avoid also those things which, although not unbecoming, nevertheless are foreign to the clerical state.

§2. Without apostolic indult let them not practice medicine or surgery; let them not act as recorders or public notaries, except in an ecclesiastical Curia; let them not assume public offices which carry with them the exercise of lay jurisdiction or administration.

§3. Without the permission of their Ordinary let them not enter upon managements of goods belonging to laymen, or secular offices which carry with them the burden of rendering accounts; let them not exercise the function of procurator or advocate, except in an ecclesiastical tribunal, or in a civil one when there is question of their own cause or that of their church; in a lay criminal trial pursuing a grave personal penalty, let them have no part, not even bearing testimony without necessity.

§4. Let them not seek nor accept the office of senators or of legislators, whom they call deputies, without the permission of the Holy See in places where a pontifical prohibition has intervened; likewise let them not attempt this in other places without the permission both of their own Ordinary and of the Ordinary of the place in which the election is to be made (Can. 139).

Pius X, by a decree of the Sacred Consistorial Congregation, altogether prohibits men of sacred order, whether secular or regular, from taking up for exercise, or retaining once taken up, those offices which carry with them the cares, obligations, and risks assumed in the administration of money-chests, banking houses, etc.; such are the offices of president, manager, secretary, treasurer, and similar offices. 18 Nov. 1910. As regards the permissions to be had concerning the exercise of these various offices, recourse is to be made to one's own Ordinary. - Pontifical Commission for the authentic interpretation of the canons of the Code, 2-3 Jun. 1918.

A cleric is prohibited from giving surety, even concerning his own goods, unless the local Ordinary has been consulted (Can. 137).