§ 1. On These Obligations in General

Principle and general rule. Clerics must flee secular business and amusements, and all things which can scarcely be reconciled with the sanctity, modesty, decorum, and dignity of the clerical state.

Most prohibitions, as far as substance is concerned, are already repeated from ancient memory, that is, especially from the fourth century. Recommendations are read among the Holy Fathers of that age, for example St. Jerome in Ep. 52, to Nepotianus (P. L., 22, 527 ff.); and St. Augustine in sermon 355, in which he describes the life which he was leading with clerics (P. L., 39, 1569 ff.); but the discipline is confirmed and completed by canons of the Council of Nicaea (325) and of many particular councils, for example Laodicea, about the middle of the fourth century, Sardica (343), and those of later centuries. Thus, on account of the customs of invading barbarians, it was necessary to prohibit hunting, at least noisy hunting; because monks and regular canons were deserting monasteries in order to betake themselves to public schools and there were learning temporal laws and medicine, in the twelfth and thirteenth centuries studies of this sort were forbidden to them and afterwards to clerics; and in the Decretals the practice itself of medicine, at least dangerous practice, was prohibited.

These canons were collected by Gratian in his Decree; the ordinances were perfected in the Decretals of Gregory IX and in Book VI of the Decretals, chiefly in the titles De vita et honestate clericorum (III, 1); Ne clerici vel monachi saecularibus negotiis se immisceant (III, 50).

The Council of Trent renewed all these things in its decrees on Reformation (sess. XXII, c. 1, Ref.; sess. XXIV, c. 12, Ref.). These decrees were in force until the present Code of Canon Law.

Corollaries. The following must be fled: 1. things which are dangerous to the virtue and name of clerics. Wherefore:

a) they cannot keep with themselves, or in any way frequent, women concerning whom there can be suspicion;

b) they can cohabit only with women closely related, that is, blood-relations of the first and second degree or those to whom reverence is owed, and affines of the first degree, or with those from whom tried honesty of morals, joined with more advanced age, removes every suspicion.

The Ordinary of the place is accustomed to define these things more by synodal statutes, just as he can also in a particular case prohibit clerics from keeping or frequenting a related woman with whom by accident there is danger of scandal or incontinence (c. 133).

This is to be understood when the cleric himself is head of the house. But, scandal or particular danger always being excluded, cohabitation with women who belong to the family of related persons with whom clerics dwell is also judged honest. Cf. Palmieri, Op. theol., tom. 4, tr. 9, n. 455;

c) on the contrary, common life of itself brings a protection of virtue and fervor. Wherefore in c. 134 this is called to be commended and observed.

2. Things which are dangerous to peace of soul and honest support. Wherefore, without the local Ordinary having been consulted, a cleric is prohibited from becoming surety, even concerning his own goods (c. 137).

He becomes surety who undertakes to fulfill the obligation in the place of an impotent principal debtor.

3. Things which are unbecoming either in themselves or with the clerical state considered. Once the principle has been stated, c. 138 brings forward these examples:

a) "let them not exercise unbecoming arts." Such are the arts of butcher, tavern-keeper;

b) "let them not devote themselves to games of chance, money having been exposed." To devote oneself is to indulge in a thing often and for a long time. A game of chance is one which is founded more on fortune than on skill.

Therefore common law does not prohibit moderate play, for a short time or for the sake of recreation. Indeed it expressly mentions only play where money is staked. Synodal definitions must be attended to.

The gravity of the sin will depend on scandal, time, money, and the quality of the person. Received customs influence scandal. Already to watch certain public games can be grave;

c) "let them not carry arms, unless when a just cause of fearing is present." It is especially prohibited that they walk publicly armed.

Hidden carrying will not be grave and will easily be excused by some reason of defense. Nor are they prohibited from keeping defensive arms at home.

d) "let them not indulge in hunting; but noisy hunting let them never exercise."

Therefore, by common law, hunting that is not noisy is not prohibited unless for too much time; but frequent noisy hunting was thought already before to be forbidden under grave sin. Synodal statutes can prohibit these things more severely;

e) "let them not enter taverns and other similar places without necessity or another just cause approved by the Ordinary of the place."

A tavern, with attention to common law, is to be understood as a common inn or eating-house where wine, beer, and liquors are openly and indiscriminately sold retail to any who come. Cf. Periodica, XI, p. 19. Those places which are principally destined for refreshment or lodging are by no means such: trattoria, albergo. Nor are a decorous cafe or restaurant of themselves comprehended under this name. But the particular law and usages of certain regions have introduced a stricter discipline, which keeps clerics from going to any cafe. Even then, however, there must be excepted houses which, with the Ordinary not objecting, are commonly frequented by clerics.

Necessity can be had on a journey. Another just cause can arise for a cleric who accompanies parents, or young men committed to his care, or who by reason of relationship visits an innkeeper. But it suffices that the cause be tacitly approved by the Ordinary, or that he be presumed to be about to admit the cause.

Synodal statutes are accustomed to define these things more. And pilgrims must obey these laws, although they escape the attached penalties or censures;

f) "let them not be present at spectacles, dances, and pageants which disgrace them or in which it would be a scandal for clerics to take part, especially in public theaters" (c. 140).

Therefore these things are not prohibited absolutely, but insofar as the reason of decorum or the reason of scandal has opposed the presence of clerics. Thus nothing prevents a cleric from hearing a public concert, or watching an honest dance which is part of a classical tragedy exhibited before select persons, or participating in some way in a solemn pageant on account of a religious or patriotic cause. While, on the contrary, it is of itself unbecoming that he be present at bullfighting, that he lead dances, that he take part in a worldly or too profane pageant. But twice, on March 31, 1916, and December 10, 1917, the Sacred Consistorial Congregation forbade that in North America priests promote and favor dances which were held for sustaining pious works, or be present at them, if perhaps they were promoted by laymen. Cf. A.A.S., VIII, 147, and X, 17; or Periodica, VIII, 161, and IX, 43.

If these spectacles are exhibited in public theaters, the prohibition is urged more severely on account of the place itself, suspect of itself, and which clerics are almost everywhere simply forbidden to approach. As regards private theaters, the circumstances must be prudently weighed.

"Cinematographic" spectacles are akin to theatrical spectacles. Yet the usages of places must be observed. In the City, by a decree of May 15, 1918, each clergy is absolutely prohibited from access to public cinematographic exhibitions (A.A.S., X, 300).

4. Things which are alien to the clerical state. Wherefore:

a) "without an apostolic indult let them not exercise medicine or surgery" (c. 139, §2).

Missionaries are accustomed to obtain such an indult, in which incision or cauterization is excepted, that is, such things as bring danger of life or mutilation ¹. Before the Code, the more benign opinion indulged practice without incision or cauterization. The Code prohibited every practice. Practice means frequent use, so that an accidental intervention is not prohibited.

Nor does there seem to be prohibited a practice circumscribed to relatives, to one's own community. Partial and non-lucrative use by which only certain easy and safe remedies are applied can also be excused. Although while they think of healing the body, clerics must avoid harming souls, whether on account of the envy of physicians or on account of the loss of time which is owed to sacred ministries.

Besides, as is clear, in true necessity the law of charity always prevails, by which we are ordered to bring help to a neighbor in need.

Clerics who, exercising the medical or surgical art forbidden to them, have sinned gravely, become irregular from delict if death follows from it (c. 985, 6);

b) "let them not act as tabellions or public notaries, except in the ecclesiastical Curia" (c. 139, §2).

A public notary draws up juridical instruments, such as testaments and contracts, and gives them public faith, especially as to the date or day on which they are said to have been made;

c) "let them not assume public offices which carry with them the exercise of lay jurisdiction or administration" (c. 139, §2).

A king or judge exercises lay jurisdiction; but the prefect of a province, or mayor, exercises administration.

Jurisdiction or administration is understood in this place as singular, not that which is exercised collectively by several. For by this canon it is by no means prohibited that someone exercise the office of deputy to a municipal council or parliament;

d) without the permission of his Ordinary, therefore, for religious of an exempt clerical religion, of the major Superior, the management of goods belonging to laymen, and secular offices which carry with them the burden of rendering accounts, are prohibited (c. 139, §3).

The private usefulness of the family to which a cleric belongs and the usefulness of the social order can recommend these managements. Pius X of happy memory had this in mind, when in the decree Docente Apostolo, November 18, 1910 (A.A.S., II, 910; Periodica, V, 261), he so prohibited clerics in "social" works from assuming temporal administrations that at the same time he foresaw the necessity of making an exception. But the exception which he had then reserved to himself is now permitted to the judgment of the Ordinary, as the Commission of the Code declared in plenary meetings, June 2-3, 1918 (A.A.S., 1918, 344).

Secular clerics are prohibited from being tutors of strangers, but not of related persons. Synodal statutes not rarely require the assent of the bishop.

But there are not a few secular offices which oblige to accounts: for example, the office of those directing postal services, railways, or keeping mortgages;

e) "let them not exercise the office of procurator or advocate, except in an ecclesiastical tribunal, or in a civil one, when there is question of their own cause or the cause of their church."

The procurator here is the one whom in French they call avoué, who, representing the litigating parties, acts for them in civil causes; but the advocate is the patron of causes. Before the Code, they permitted clerics also to be able in the forum of laymen to advocate for causes of related persons up to the fourth canonical degree, and of miserable persons. Therefore the disposition of the Code is stricter. The severity is explained because today even in the civil forum there are not lacking those who are ordered to undertake the patronage of the poor gratis, for God. Perhaps, however, under the name of one's own cause the cause also of blood-relations can be understood, as Rev. Fr. Maroto insinuates, Institutiones canonicae, n. 568. The cause of his church is, for a cleric, the cause of the church or monastery or religion to which he is ascribed;

f) "in a lay criminal trial, pursuing a grave personal penalty, let them have no part, not even bearing testimony without necessity" (c. 139, §3).

Before the Code, clerics were prohibited from being witnesses in a cause of blood, that is, where the penalty of death or mutilation is decreed, unless permission of the bishop had been obtained and a protestation made that they in no way intended the penalty of blood. Can. 139, §2 seems to extend the prohibition to every criminal trial by which a grave personal penalty will be pronounced; but at the same time an excuse of necessity is admitted.

A personal penalty is one which directly affects the person either in his body, as capital penalty, or in his liberty, for example prison beyond six months. An excuse of necessity can be the defense of the accused, the vindication of an innocent person, public harm to be averted, or the very coercion of public power. It is sometimes provided by particular laws that clerics not bear testimony without the permission of the bishop;

g) in order to solicit or accept the office of senator or deputy to Parliament, clerics need the permission both of their own Ordinary and of the Ordinary of the place in which the election is to be made. In granting this permission the Ordinaries ought rather to show themselves difficult. Cf. response of the Pontifical Commission, April 25, 1922, A.A.S., 1922, XIV, 313, or Periodica, XI, p. 127.

If any pontifical prohibition has intervened, such as long was in force in Italy, the faculty of the Holy See is necessary (c. 139, §4).

But Cardinals and bishops themselves need the permission of the Holy See, unless by the law of the state they are senators, and the Holy See has approved this in some way. Cf. the response of the Commission just cited;

h) they are forbidden voluntarily to undertake secular military service, except in the case mentioned above, n. 13, 3; and they are ordered to abstain from internal wars and disturbances of public order (c. 141, §1).

¹ On account of just causes, the exception itself is sometimes prudently moderated.