Case 5. Public Theatricals

Caius, a missionary priest in England, in order to pay the expenses of the mission, persuaded certain young people of both sexes to perform a celebrated play about the Nativity of the Lord in the municipal hall (Town Hall). Since the people, both orthodox and heterodox, attended the hall in great numbers and contributed a large sum of money, on the second day of the performance Caius himself, with Patrick, a priest-friend from Ireland, attended the play in order to show his gratitude both to the actors and to the people. When the Bishop, however, a diligent defender of ecclesiastical law, heard this, he asked a certain theologian whether each of them had not incurred the suspension imposed by the Fourth Council of Westminster, decree xi, no. 9. Hence it is asked:

1. Give a doctrinal interpretation of the law in question in the case.

2. Are travelers bound by the laws of the place?

3. What is to be said of the case?

1. Give a doctrinal interpretation of the law in question.

The wording of the law is as follows: “ We strictly prohibit ecclesiastics initiated into sacred orders from being present at stage performances in public theaters or in places serving temporarily for the use of a public theater, imposing upon transgressors the penalty of suspension to be incurred by the fact itself—

—which has hitherto been in force everywhere in England, with reservation to the respective Ordinary.” Hence all ecclesiastics in sacred Orders are strictly forbidden to be present at scenic representations (stage plays?) either in public theaters or in places which are used for the time being as public theaters, and the penalty of suspension is ipso facto incurred by those who violate this precept, and their absolution is reserved to their respective Ordinary. Private theatricals in a place not open to the public do not come under the law. If the public are admitted with or without payment and a stage play is exhibited, the place is being used as a theater and persons in sacred Orders must not be present. Plays given by school children are excepted by custom, even if they be given in a public hall or theater.

2. Are peregrini bound by local laws?

Probably peregrini are not bound by the special laws which are in force in the place where they are staying for the time.¹

1 Manual of Moral Theology, vol. i, p. 94.

3. The case. As far as I am aware there is no authoritative definition of what is meant by a scenicum spectaculum. Still there can be no reasonable doubt that an opera is comprised in the term. An opera is a scenic representation or stage play, which is perhaps as near an English equivalent of scenicum spectaculum as can be got. The opera was acted by youths of both sexes in the Town Hall, and the public flocked to hear it. It, therefore, came under the prohibition, and Caius violated the law in being present. The law is mentioned in all the faculties granted to priests in this country, and so we must presume that Caius knew that he was violating it. Caius, therefore, was suspended and must not exercise the duties of a priest until he has been absolved by his bishop, or by some one who has special faculties for the case from the bishop. Patrick is a stranger, and does not incur suspension, but he does wrong in being present at the opera and renders himself liable to punishment at the hands of the bishop.