Index of Quinquennial Faculties

To the Most Reverend Ordinary ........................................

for ........................................ five years.

According to the norm handed down in Can. 340 of the Code of Canon Law, the quinquennia are to be computed from the year 1911.

Our Most Holy Lord Pius PP. XI, by these letters of the S. Consistorial Congregation, benignly grants, and

the Most Reverend ....................................................

Ordinary of the diocese ...............................................

from the undersigned day unto an entire year ..........................

in which by law the diocesan report must be exhibited by the Ordinaries of that region, may use the faculties which are contained in this index.

Given at Rome, from the buildings of the S. Consistorial Congregation, on the day ......................................................

From the S. Congregation of the Holy Office:

1º. Of granting, not beyond a three-year period, license of reading and retaining, under custody however lest they come into the hands of others, any prohibited books and periodicals whatsoever, not excepting works which professedly defend heresy or schism, or even strive to overthrow the foundations themselves of religion, to those Christian faithful subject to him who truly need the reading of them, whether for the effect of attacking them, or as an aid of the sacred ministry or of one's own office and honorable studies; excepting works treating professedly of obscene matters.

2º. Likewise of granting under the same duration of time to adolescents of either sex, who must be occupied in public schools for the sake of studies, license of reading and retaining, under custody, as above, lest they come into the hands of others, prohibited books which by command of the lay power, or from necessity of studies, they are compelled to have before their hands, as long as they are in that necessity; excepting nevertheless works treating professedly of obscene matters.

It must be noted. Each listed faculty is granted to Ordinaries to be exercised by themselves, or to be delegated to no one; and with their conscience gravely burdened concerning the real concurrence of all the conditions mentioned.

3º. Of dispensing, when just and grave causes accede, with subjects even outside the territory or non-subjects within the limits of one's own territory, over the impediment of mixed religion, and also over disparity of cult, ad cautelam, whenever a prudent doubt arises concerning the conferral of baptism of the non-Catholic party, insofar as before the nuptials the non-Catholic party could not be brought to the true religion or the Catholic party could not be deterred from the nuptials themselves, provided that first, regularly according to the prescription of Cod. I. C. Can. 1061, § 2, provision has been made altogether for the conditions required by the Church, and the Ordinary himself is morally certain that the same are going to be fulfilled, namely: on the part of the non-Catholic one about to marry, concerning removing from the Catholic party the danger of perversion, and by each contracting party concerning all offspring of each sex entirely to be baptized and educated in the holiness of the Catholic religion; with the obligation besides declared to the Catholic party by which he or she is held prudently to care for the conversion of the spouse to the Catholic faith.

But those about to marry are to be warned that, before or after marriage entered before the Church, they cannot also approach a non-Catholic minister for furnishing or renewing matrimonial consent, according to the mind of Cod. I. C. Can. 1063, § 1, under penalty of excommunication latae sententiae reserved to the Ordinary, to be incurred by the Catholic party according to Can. 2319, § 1, n. 1º; otherwise those things which have been established in Can. 1063, § 2 concerning the manner of acting of the parish priest in the case being strictly observed.

But if the parties are actually living in concubinage, let provision be made in opportune ways that scandal, if it is present, be removed, and that the Catholic party be duly disposed for receiving the grace of God, with absolution of the same from the contracted excommunication first given, if perhaps the marriage was attempted before a non-Catholic minister, and congruous salutary penances imposed on him or her.

4º. Of dispensing, when just and grave causes accede, with subjects even outside the territory, or non-subjects within the limits of one's own territory, over the impediment of disparity of cult (except however the case of marriage with a Jewish or Mohammedan party); insofar as it can be done without insult to the Creator, and before the nuptials the non-baptized party could not be brought to the true religion or the Catholic party could not be deterred from the nuptials themselves, provided that first, regularly according to the prescription of Cod. I. C. Can. 1061, § 2, provision has been made altogether for the conditions required by the Church, and the Ordinary himself is morally certain that the same are going to be fulfilled, namely: on the part of the non-baptized one about to marry, concerning removing from the Catholic party the danger of perversion, and by each contracting party concerning all offspring of each sex entirely to be baptized and educated in the holiness of the Catholic religion; with the obligation besides declared to the Catholic party by which he or she is held prudently to care for the conversion of the spouse to the Catholic faith.

But those about to marry are to be warned that, before or after marriage entered before the Church, they cannot also approach a minister of false worship for furnishing or renewing matrimonial consent, according to the mind of Cod. I. C. Can. 1063, § 1; otherwise those things established in Can. 1063, § 2 concerning the manner of acting of the parish priest in the case being observed. But as to what concerns the legitimation of offspring, Can. 1051 is to be kept before the eyes.

But if the parties are actually living in concubinage, let provision be made in opportune ways that scandal, if it is present, be removed, and that the Catholic party be duly disposed for receiving the grace of God.

In the remaining things, as regards publications, interrogations concerning consent, and the sacred rites, whether there is question of the impediment of mixed religion or of disparity of cult, let the prescriptions of Cod. I. C. Cann. 1026, 1102, 1109 be observed; and when nuptials of this kind have been celebrated, whether in one's own or in another's territory, let the Ordinary watch over them so that the spouses faithfully fulfill the promises made.

5º. Of sanating in the root marriages attempted before a civil official or non-Catholic minister by his subjects even outside the territory, or by non-subjects within the limits of his own territory, with the impediment of mixed religion or disparity of cult, provided that consent perseveres in each spouse and cannot be renewed legitimately, either because the non-Catholic party cannot be warned concerning the invalidity of the marriage without danger of grave harm or inconvenience to be undergone by the Catholic spouse; or because the non-Catholic party cannot in any way be induced to renew matrimonial consent before the Church, or to furnish cautions, according to the prescription of Cod. I. C. Can. 1061, § 2; provided that no other canonical diriment impediment stands in the way, over which the Ordinary himself does not possess the faculty of dispensing or sanating.

But let the Ordinary himself seriously warn the Catholic party concerning the very grave crime committed, impose salutary penances on him or her, and, if the case bears it, absolve him or her from excommunication according to Cod. I. C. Can. 2319, § 1, n. 1º; and at the same time let him declare that by reason of the grace of sanation accepted by him, the marriage has become valid, legitimate, and indissoluble by divine law, and that offspring perhaps received or to be received is legitimate; and besides, with grave words, let him recall to the mind of the same the obligation by which he or she is always held, according to his or her powers, of protecting the baptism and education of all offspring of each sex, both perhaps already born and perhaps to be born, in the holiness of the Catholic religion, and prudently caring for the conversion of the spouse to the Catholic faith.

Since, however, concerning the validity of the marriage and the legitimation of offspring there must be proof in the external forum, let the Ordinary command that, on individual occasions, the document of sanation, with the attestation of the execution having been carried out, be diligently kept in the local Curia; and also let him take care, unless according to his prudence he has judged otherwise, that in the book of the baptized of the parish where the Catholic party received baptism there be transcribed the notice of the sanation of the marriage of which there has been question, with notation of the day and year.

It must be noted. - 1º. In granting each of the aforesaid, whether dispensations or sanations, let the Ordinary make express mention of the Apostolic Delegation (Cod. I. C., Can. 1057); and as regards the faculty of sanating in the root, the mind of the S. Congregation of the Holy Office is that the Ordinary can subdelegate only parish priests, on individual occasions.

2º. Let the same Ordinary at the end of each year report to the S. Congregation of the Holy Office, through the channel of the S. Consistorial Congregation, concerning the number and species of dispensations which by force of the present Indult he himself shall have bestowed.

From the S. Congregation on the Discipline of the Sacraments:

1. Of dispensing, from a just and reasonable cause, over matrimonial impediments of lesser grade which are listed in Can. 1042, and also over impedient impediments of which in Can. 1058, to the effect only of contracting marriage.

2. Of dispensing from a grave and urgent cause, whenever there is danger in delay and the marriage cannot be deferred until a dispensation is obtained from the Holy See, over the impediments of greater grade listed below:

(a) of consanguinity in the second, or in the third mixed with the first, provided that no scandal or wonder arises from it;

(b) of consanguinity in the second degree of the collateral line;

(c) of affinity in the first degree of the collateral line, equal or mixed with the second;

(d) of public honesty in the first degree, provided that there is no doubt underneath that the spouse could be offspring begotten by the other of the contracting parties.

3. Of dispensing at the time and in the act of Sacred Pastoral Visitation or of Sacred Missions, and not beyond, over all the matrimonial impediments mentioned above with those who are found to live in concubinage.

4. Of sanating in the root marriages nullly contracted because of some one of the impediments of lesser grade, if there is present a great inconvenience of requiring from the party ignorant of the impediment a renewal of consent, provided nevertheless that the prior consent perseveres and the danger of divorce is absent; the party conscious of the impediment having nevertheless been warned concerning the effect of this sanation, and due notation having been made in the book of marriages.

It must be noted. - 1º. The Ordinary will be able to use the listed faculties, whether by himself or through other suitable ecclesiastical persons specially deputed to this, in marriages to be contracted and nullly contracted with his subjects dwelling anywhere and all others actually staying in his own territory, express mention of this Apostolic delegation having been made in each case according to the norm of Canon 1057.

2º. In the use of the same faculties, those things which are found established in Canons 1048 to 1054 are to be kept before the eyes.

3º. Let the Ordinary at the end of each year report to the Sacred Congregation of the Sacraments, through the channel of the S. Consistorial Congregation, concerning the number and species of dispensations which by force of the present Indult he himself shall have bestowed.

From the S. Congregation of the Council:

1. Of reducing for a quinquennium, because of diminution of revenues, perpetual burdens of Masses to the rate of the alms legitimately in force in the diocese, whenever there is no one who is bound by law and can usefully be compelled to the augmentation of the alms, and under the law that the diocesan Curia be legitimately instructed each year by the individual celebrants concerning satisfaction for the Masses thus reduced.

2. Of transferring for a quinquennium, within the boundaries of the diocese, burdens of Masses to days, churches, or altars other than those established by the foundation, provided that true necessity is present and divine worship is not therefore diminished or prejudice inflicted on the convenience of the people; excepting nevertheless legacies which can easily be fulfilled in certain places through augmentation of the alms, and with care taken that the diocesan Curia be legitimately instructed each year by the individual celebrants concerning satisfaction for the transferred Masses.

3. Of transferring for a quinquennium excessive burdens of Masses even outside the diocese, with care taken nevertheless that the greatest possible number of Masses be celebrated within the boundaries of the diocese, and that the prescriptions of the Code of Canon Law concerning the precautions to be employed in committing Masses be observed exactly.

4. Of permitting that the private recitation of Matins with Lauds can be anticipated from the first hour after midday, whenever a reasonable cause is present.

5. Of permitting alienation of ecclesiastical goods up to the capital sum of 10,000 dollars for the Federated States of America and the Canadian dominion; and 15,000 pesos for South America and other regions; but this insofar as necessity is present and time is not available for recurring to the S. See, the same S. See being instructed, immediately after the alienation has been effected, concerning the alienation thus carried out.

From the S. Congregation of Religious:

1. Of dispensing, at the petition of Superiors, over illegitimacy of birth for entering Religion, insofar as it is required by the Constitutions of the Institute, provided that there is not question of offspring born from sacrilegious commerce, and that those dispensed are not elected to greater offices according to the prescription of Can. 504.

2. Of permitting the celebration of three Masses according to the rite on the night of the Nativity of Our Lord Jesus Christ in churches of Religious not comprehended in Can. 821, § 3, with the faculty for those standing by of approaching the S. Synaxis, yet in such a way that the said three Masses are celebrated by one and the same Priest.

3. Of dispensing over excess of age for those to be admitted to the religious habit, insofar as it is required by the Constitutions of the Institute, the Superioress General or Provincial having been heard in individual cases, and with the prior consent of them and of the respective Council, provided that the postulants have not exceeded the age of 40 years and are strong in the other required qualities.

4. Of dispensing over defect of canonical age for the S. Order of the Presbyterate, not beyond sixteen months, even for exempt Religious, provided that from their Superiors they have received dimissorial letters, and insofar as those to be ordained have the other qualities required by the Most Holy Canons and especially have completed the theological curriculum according to the norm of Canon 976, § 2, of the Code of Canon Law.

5. Of dispensing over defect of dowry with Nuns and Sisters, in whole or in part, provided that the economic state of the Institute suffer no detriment, and that the postulants be endowed with such qualities that there is certain hope that they will be of great utility to the Institute.

6. Of confirming the Confessor for a fourth and fifth triennium, provided that the consent of the greater part of the Religious women, summoned also those who in other business do not have the right of casting a vote, to be furnished capitularly and by secret votes, first accedes; provision having been made for those dissenting, if there are any and if they wish.

7. Of permitting the celebration of the Most Holy Sacrifice of the Mass on Thursday in the Supper of the Lord, license having been given to persons habitually dwelling in the Community of refreshing themselves with the S. Synaxis, even for fulfilling the paschal precept.

8. Of permitting Nuns to go down into the Church, that they themselves may be able to clean and decorate it with greater diligence; all outsiders first departing from the Church, not excepting the Confessor himself and those serving the Monastery and dwelling outside the Cloisters; let its doors be closed and the keys handed over to the Superioress; but let the Nuns always be two together, and let the door by which the interior approach to the Church lies open be closed with a double key, of which one is to be kept by the Superioress, the other by a Nun to be deputed by the Ordinary, and let it not be opened except in the cases stated and with the prescribed cautions.

9. Of permitting Nuns egress from the cloisters in an urgent case of a surgical operation to be undergone, although it does not bring with it danger of imminent death or of a most grave evil, for the time strictly necessary, the due cautions having been prescribed.

From the S. Congregation of Rites:

1. Of deputing priests, if it can be done, constituted in some ecclesiastical dignity, for consecrating fixed and portable altars, the rite and form of the Roman Pontifical being observed; and as regards portable altars, even by employing only the shorter ritual formula approved.

2. Of deputing priests, if it can be done, constituted in some ecclesiastical dignity, for consecrating fixed and portable altars which have become execrated, the shorter formula B being employed for the cases of Can. 1200, § 2, Cod. I. C.; while in the case of Can. 1200, § 1, the faculty has already been granted by the canon itself and formula A is to be employed.

3. Of deputing priests, if it can be done, constituted in some ecclesiastical dignity, for consecrating chalices and patens; the rite and form of the Roman Pontifical being observed.

4. When in the Mass of Holy Week the Passion is said, for priests who celebrate two Masses, by a special Apostolic Indult to be obtained, of reading in one Mass only the last part from the Passion (Altera autem die, etc.), after these have been premised: Munda cor meum, etc. - Sequentia sancti evangelii secundum (Matthew).

5. Of blessing nuptials outside Mass, or of reciting the prayers over the spouses, according to the approved formulas, with the power of subdelegating.

6. Of blessing and imposing the five scapulars under one formula, with the power of subdelegating.

7. Of blessing and imposing the five scapulars under one formula without recourse to the Ordinaries or competent religious Congregations, and without the burden of enrollment in cases of great concourse, at the time of spiritual Exercises and Missions, with the power of subdelegating.

8. Of blessing the sacred oils with that number of presbyters and sacred ministers which will be able to be found according to the circumstances of place and things, on Thursday in the Supper of the Lord (for the celebrating Bishop).

9. Of permitting thurification in a sung Mass without sacred ministers, nevertheless on Feasts of the double rite of the first and second class, Sundays, and when Mass is celebrated with chant before the Most Holy Sacrament of the Eucharist solemnly exposed.

10. Of permitting the use of the Memoriale Rituum of Benedict PP. XIII in churches or public and semi-public Oratories (not parochial or quasi-parochial) in the functions of the Greater Triduum of the Week and in the Blessing of Ashes, Candles, and Palms; provided nevertheless that it is certainly evident that enough has been provided for the decorum and reverence of the sacred Mysteries.

11. Of blessing objects of piety with the sign of the cross, the rites prescribed by the Church being observed. Nevertheless, on the occasion of pastoral visitation, when many ask and exhibit several and various objects of this kind to be blessed, often even with diverse formulas, in these cases one shorter formula is permitted while the sign of the cross is made over the objects, namely: "May God bless all these things, the Father and the Son and the Holy Spirit. Amen."

12. Of celebrating a read Mass of Requiem once in the Week by the Ordinary in his own Oratory; provided that there does not occur a Feast of double rite, of the first or second class, a Sunday or Feast of precept even suppressed, and also a privileged Octave, a Feria of Lent, of Ember Days, the Monday of Rogations, a Vigil, or a Feria on which the Mass of the Sunday is to be anticipated or first resumed: the Rubrics being observed in other respects.

From the S. Penitentiary:

I. Of absolving any penitents whatsoever (excepting heretics disseminating heresy among the faithful by design) from any censures and ecclesiastical penalties whatsoever incurred because of heresies externalized either with no one hearing or before others; after nevertheless the penitent shall have denounced, as by law, the professed teachers of heretical doctrine, if he has known any, and ecclesiastical and religious persons, if he has had any as accomplices in this matter; and insofar as, because of just causes, denunciation of this kind cannot be carried out before absolution, after there has been made by him a serious promise of carrying out that denunciation itself as soon as and in what better manner it can be done, and after in individual cases he shall have secretly abjured the heresies before the one absolving; a grave salutary penance having been enjoined according to the measure of the excesses, with frequency of the sacraments, and with the obligation of retracting himself before the persons before whom he manifested the heresies, and of repairing the scandals caused.

II. Of absolving from censures and ecclesiastical penalties those who shall have defended books of apostates, heretics, or schismatics, defending apostasy, heresy, or schism, or others prohibited by name through Apostolic Letters, or knowingly without due license shall have read or retained them; a congruous salutary penance having been enjoined, and with the firm obligation of destroying, insofar as it can be done, before absolution, the aforesaid books, or of handing them over to the Ordinary or confessor.

III. Of absolving from censures those who shall have impeded directly or indirectly the exercise of ecclesiastical jurisdiction, whether of the internal or external forum, by having recourse for this to any lay power whatsoever.

IV. Of absolving from censures and from ecclesiastical penalties established concerning dueling, only in cases not brought to the external forum; a grave salutary penance having been enjoined, and other things having been enjoined which by law will have had to be enjoined.

V. Of absolving from censures and ecclesiastical penalties those who shall have given their name to the Masonic sect and to other associations of the same kind which plot against the Church or legitimate civil powers; yet in such a way that they separate themselves entirely from the respective sect or association and abjure it; that they denounce, according to Can. 2336, § 2, ecclesiastical and religious persons, if they know any enrolled in it; that books, manuscripts, and signs concerning the same, if they retain any, they hand over into the hands of the one absolving, to be transmitted cautiously to the S. Office as soon as possible, or at least, if just and grave causes require this, to be destroyed; a grave salutary penance having been enjoined according to the measure of the faults, with frequenting of sacramental confession and the obligation of repairing the scandals caused.

VI. Of absolving from censures and ecclesiastical penalties those who shall have entered the enclosure of Regulars of either sex without legitimate license, and also those who introduced or admitted them; provided nevertheless that this was not done for an end in any way gravely criminal, even if the effect did not follow, nor brought to the external forum; a congruous salutary penance according to the measure of the fault having been enjoined.

VII. Of dispensing for petitioning the conjugal debt with a transgressor of a vow of perfect and perpetual chastity, privately emitted after the completion of the eighteenth year of age, who shall have contracted marriage with the said vow; admonishing a penitent of this kind that he is held to observe that same vow both outside the lawful use of marriage and if he shall have survived the spouse.

VIII. Of dispensing over the occult impediment of crime, provided that it is without any machination, and that there is question of a marriage already contracted; the putative spouses having been warned concerning the necessary secret renewal of consent, and a grave and lasting salutary penance having been enjoined.

Likewise, of dispensing over the same occult impediment, provided that it likewise is without any machination, even in marriages to be contracted; a grave and lasting salutary penance having been enjoined.

It must be noted: The Ordinary, by special delegated authority of the Apostolic See, will be able to use the listed faculties, both of absolving from censures and of dispensing, for the forum of conscience, even outside sacramental confession and even outside the diocese, insofar as either he himself or the subject or both shall have been outside the diocese, for the flock committed to him; and he will be able to impart them within the boundaries of the diocese only to the Canon Penitentiary and also to Vicars Forane, likewise for the forum of conscience but only in the act of sacramental confession, even habitually, if it pleases him; but to other confessors when they shall have had recourse to the Ordinary himself in particular cases of penitents, for the case set forth, unless because of peculiar causes he judges that they are to be communicated to certain confessors to be specially subdelegated, for a time to be established at his judgment.

1º. No tax is to be sought for license of reading and retaining prohibited books.

2º. Likewise no tax is to be exacted for the faculties of the S. Penitentiary, which are to be conceded altogether gratis.

3º. As regards matrimonial dispensations and sanations to be granted from faculties either of the S. Congregation of the Holy Office or of the S. Congregation on the Discipline of the Sacraments, let the Ordinary take care that those about to marry who are found able to pay make an equitable and congruous offering, according to the practice legitimately established at the Curias.

4º. With relation to alienations of ecclesiastical goods of which there is speech in faculty 5a of the S. Congregation of the Council (pag. 8 - here V), the offering to be made to the S. See should correspond in some measure, by the judgment of the Ordinary, to the emolument or utility obtained.

5º. Let the tax customarily sought for the other indults, by force of the faculties which are listed in this index, be fifteen lire.

6º. Nevertheless, according to the diversity of cases, taxes of this kind will have to be moderated or dispensed, because of the poverty of the petitioners, or other just causes, according to the prudent judgment and conscience of the Ordinary.

7º. Let the sum of all taxes and offerings which the Ordinary has actually exacted be transmitted at the end of each year to the S. See, through the channel of the S. Consistorial Congregation, with the parts which belong to the individual Sacred Congregations distinctly noted.

8º. The Ordinary himself, for any indult whatever, even matrimonial according to the sense of Can. 1056, will be able to add a tax of five lire, and retain it for himself to be expended in the necessities of himself or of the diocese; without prejudice to the prescription of n. 6.