The Erection of the Way of the Cross

I. The power of erecting the Way of the Cross belongs:

1. To Cardinals, who from their promotion in Consistory enjoy the faculty of erecting by a single blessing, in churches and oratories, even private ones, and in other pious places, stations of the Way of the Cross with all the indulgences which have been imparted to those performing a pious exercise of this kind (canon 239, § 1, 6°).

2. To Bishops, even titular ones, who from receiving authentic notice of canonical provision having been completed can do the same as Cardinals, but with the rites prescribed by the Church (canon 349, § 1, 1°).

3. To Apostolic Vicars and Prefects, in their territory (canon 294, § 1).

4. To Superiors of the Order of Friars Minor, even excluding the Capuchin and Conventual Minors.¹ Now:

a) The Minister General, by himself or through others, can erect Stations everywhere in the world; the Provincial Minister, within the Province; the Guardian or President, within his own guardianship or district - not to be taken too rigorously, since Benedict XIV left to the judgment of pastors the choice of the religious man whom they judged more suitable, so that with the license of his local superior he might proceed to make the erection.²

b) The Minister General can delegate the faculty of erecting within and outside the Order; he can also grant authority of subdelegating. The other Superiors are wholly without this right, and furthermore can delegate for the erection of the Way of the Cross only their own subjects who are approved preachers or confessors.³

Note. The competent authority in the Order of Friars Minor, from whom the faculty is requested, commonly restricts this to places where the said Order does not exist. By the name of places here are meant a city, town or village, with the respective suburbs or places adjacent to them, but not a parish, or a whole diocese, or any other section or part of a diocese.⁴

¹ Cited Monita, n. I.

² Stein, p. 32.

³ Sacred Congregation of Indulgences, December 14, 1857 (Decreta authentica, n. 382, to I and II).

⁴ Brief of Clement XII Exponi nobis, January 16, 1731, together with the Rescript of the Sacred Congregation of Indulgences, March 15, 1884; cited Monita of Clement XII, nn. III and IV. From practice it seems that what is read as prescribed in the cited Decree, n. III, is not to be taken so strictly: "But where the Way of the Cross should be erected outside a church... care must always be taken that it begin from a church or sacred place, or have its end as far as a church or sacred place" (Sleutjes, n. 19).

II. Places suitable for erection are: churches, public and semi-public oratories; likewise private or domestic oratories in which there is the privilege of celebrating Mass; likewise common and decent places of convents, seminaries, hospitals, and other pious places; finally public and decent places under the open sky, as in cemeteries, at the entrance of churches, in gardens, in groves. For private or domestic oratories in which Mass cannot be said, a special indult is required.¹

Nothing also prevents several Ways of the Cross from being erected in the same place.²

¹ Cf. cited Monita, n. IV.

² Cited Monita, n. III; Sacred Congregation of Indulgences, June 20, 1838 (Decreta authentica, n. 261), January 30, 1839 (Decreta authentica, n. 270, to II), November 23, 1878 (Decreta authentica, n. 442, to I).

III. Required documents. Before the erection, under penalty of nullity, the following are required in writing: 1. the deputation of the priest erecting, unless he himself is the Superior;² 2. for individual cases, the license of the Ordinary of the place, the consent of the pastor, and the consent of the superiors of the church, monastery, hospital, or pious place where the Stations of the holy Way of the Cross are to be set up.³ Nevertheless:

1. The license of the Bishop is not required if the matter concerns an exempt place, such as churches, oratories, and internal places of exempt religious;⁴ but strictly domestic oratories and other decent places of private houses are not excepted.⁵

2. Nor is the consent of the pastor required if the matter concerns places which by law, or at least in fact, for example by force of diocesan statute, are exempt from the jurisdiction of the pastor;⁶ but in the latter case, the consent of the rector to whom the place has been entrusted is required. Nor is the consent of the pastor demanded for strictly private oratories and other decent places of private houses.

3. It suffices that the deputation, license, and consent to be exhibited in writing be implicit. Hence if, for example, the Bishop has deputed someone in writing to erect the Way of the Cross in a determinate place, no other document expressing the license is required.

An instrument of the completed erection must be drawn up and signed by the erector's own hand.⁷ Furthermore, the petition and concession of the erection are to be preserved in the episcopal archive; the other documents, such as the instrument of erection of which we have spoken, in the archive of the place.⁸ These things, however, are not prescribed under penalty of nullity.⁹

¹ Cf. Sleutjes, Instructio de Stationibus S. Viae Crucis.

² Cf. Brief of Clement XII Exponi Nobis and Brief of Benedict XIV Cum tanta.

³ Sacred Congregation of Indulgences, September 26, 1892, to IX.

⁴ Sacred Congregation of Indulgences, September 26, 1892, to VI.

⁵ Sacred Congregation of Indulgences, June 21, 1879 (Decreta authentica, n. 445, to I); September 26, 1892.

⁶ Sacred Congregation of Indulgences, September 25, 1841 (Decreta authentica, n. 294).

⁷ Sacred Congregation of Indulgences, August 3, 1748 (Decreta authentica, n. 175); September 25, 1841 (Decreta authentica, n. 294).

⁸ Sacred Congregation of Indulgences, August 6, 1890, to IV.

⁹ Sacred Congregation of Indulgences, August 6, 1890, to IV.

IV. Matter of erection. For validity there are required fourteen wooden crosses visible to those standing by.¹ Although no decree clearly prescribes that the crosses must be visible as wooden, nevertheless this is the mind of the legislator. To the crosses are joined, though not necessarily,² tablets, whether painted or sculpted, which represent the same mysteries of the passion as the Stations of the holy Way of the Cross at Jerusalem.

¹ Cited Monita, n. III; Sacred Congregation of Indulgences, June 20, 1838 (Decreta authentica, n. 261); January 30, 1839 (Decreta authentica, n. 270, to II); November 23, 1878 (Decreta authentica, n. 442, to I).

² Sacred Congregation of Indulgences, November 13, 1837 (Decreta authentica, n. 258); September 20, 1839 (Decreta authentica, n. 275, to I).

V. Form of erection is constituted by the blessing and affixing of the crosses, and of the tablets if they are used, with some distance preserved.

1. The blessing of the crosses is required for validity;¹ the tablets, if they are present, can be blessed,² but do not have to be blessed. The blessing of the crosses must be made by a legitimate minister, in the place where the Way of the Cross is to be erected.³ If, however, the Way of the Cross is to be erected in a monastery of nuns, it is not required that the one erecting enter the cloister, but it suffices that he bless the crosses at the grates.⁴ Besides this, the blessing can be made both before and after their affixing.⁵

2. The affixing of the crosses, for example to a wall or upon benches, provided these are immovable and sufficiently upright, likewise belongs to validity.⁶ Nevertheless, it makes no difference whether it is done before or after the blessing, by the erector himself or by another; and if it is done by another, it is not required that the erector be present, so that after the blessing has been made he can depart.⁷

3. Some distance between the various stations is required, so that validity would be lacking if the whole way were completed in very few paces.⁸ It does not matter, however, whether the way begins on the Gospel side or on the Epistle side.

¹ Sacred Congregation of Indulgences, January 30, 1839 (Decreta authentica, n. 270, to II).

² Sacred Congregation of Indulgences, September 28, 1838 (Decreta authentica, n. 246, to IV) indeed declares that images, or tablets, are never blessed; but since the formula for blessing them has been retained in the Roman Ritual, the said declaration should be understood so that it is not of necessity that the images be blessed.

³ Cf. Sacred Congregation of Indulgences, September 26, 1872.

⁴ Sacred Congregation of Indulgences, June 21, 1879 (Decreta authentica, n. 447).

⁵ Cited Monita, n. VIII.

⁶ Cf. Sacred Congregation of Indulgences, December 16, 1760 (Decreta authentica, n. 223, to II).

⁷ Cf. Sacred Congregation of Indulgences, August 22, 1842 (Decreta authentica, n. 311, to I and II); June 21, 1879, n. 447; September 26, 1892, to II.

⁸ Sacred Congregation of Indulgences, August 26, 1752 (Decreta authentica, n. 194, to I).

VI. Invalidation of the erection has place:

1. If all the crosses originally blessed, or at least seven, perish, whether simultaneously or successively.¹ In this case a new erection is required; but that new erection or renewal in the same place is made by the blessing alone of new crosses, without the license of the Bishop and consent of the pastor being required again, provided these can be presumed to persevere.² Delegation, however, must be made in writing.³

In the case in which the crosses perish in a smaller number, the erection is not invalidated, and it suffices to substitute other crosses for the lost ones without a blessing.⁴

2. If the crosses are definitively transferred to another place;⁵ but not if they are removed for a time, or are arranged in the same place in another way.⁶

In the case in which the crosses are definitively transferred to another place in which the Way of the Cross had not yet been erected, all and each of the conditions must be fulfilled which were fulfilled in the former erection. But if in that other place the Way of the Cross had already been lawfully erected, the blessing of the transferred Way of the Cross suffices, after delegation granted in writing has been had, and without renewal of the other documents, provided the license of the Bishop and consent of the pastor are presumed to persevere.

The privilege of the Way of the Cross does not cease if, the old church having been destroyed, a new one is built in almost the same place and under the same title, and the same crosses which had been affixed in the old church are affixed there.⁷

¹ Sacred Congregation of Indulgences, January 30, 1839 (Decreta authentica, n. 270, to V).

² Sacred Congregation of Indulgences, January 11, 1896.

³ Cf. Sacred Congregation of Indulgences, August 22, 1844 (Decreta authentica, n. 328).

⁴ Sacred Congregation of Indulgences, January 30, 1839; September 20, 1839 (Decreta authentica, n. 270, to V; n. 275, to II).

⁵ Sacred Congregation of Indulgences, January 30, 1839 (Decreta authentica, n. 270, to IV).

⁶ Sacred Congregation of Indulgences, September 20, 1839 (Decreta authentica, n. 275, to III); August 22, 1842 (Decreta authentica, n. 311, to IV); August 20, 1844 (Decreta authentica, n. 328).

⁷ Sacred Congregation of Indulgences, January 11, 1896.

VII. Convalidation of the erection, or sanation of its invalidity, belongs to the Sacred Penitentiary, which will not omit to designate the conditions to be fulfilled.

Question 1. What is required for the canonical or valid erection of the Way of the Cross to be made by a priest?

Resp. Before the erection of the Way of the Cross the following formalities are required for validity: 1. A written faculty given by competent authority to the priest who is to erect the Way of the Cross; 2. Before each erection, permission of the Ordinary given in writing, Decr. Auth. n. 445 ad 3; 3. Consent of the Parish Priest given in writing, if the erection is made in places which are subject to the jurisdiction of the Parish Priest; 4. Consent given in writing of the Superior of the monastery or church in which the Way of the Cross is to be erected. Acta S. Sedis, v. 25, 317 ad 9, ad 10 and ad 11. - Cf. Beringer, Die Ablässe, pp. 278 and following. Certainly the license of the Bishop is not required for those places which are exempt from his jurisdiction.

Question 2. What does the clause "in places . . . in which there are no Franciscan Fathers" import?

Resp. "By places in which the Order of Friars Minor Observant of St. Francis of Assisi does not exist is to be understood a city, town, village, with their respective suburbs, and the places adjacent to them. In cities and generally places in which two dioceses have been constituted, those faculties which are proper to certain Orders, and which were conceded by special indult with the clause: 'provided that in the said place no convent of the same Orders is found,' can be exercised in that part of the city or place in which no convent of the said Orders is present, but is present in another." S. C. Indulg., 28 Aug. 1903.

Question 3. What are the other conditions required for a valid erection?

Resp. Besides the mentioned delegation it is required: 1°. that the Crosses be wooden, and 2°. that the Stations be somewhat distant from one another. But because the indulgences are properly attached to the Crosses, these can be transferred to other Images without detriment to the indulgences. - Cf. Acta S. Sedis, vol. 11, p. 401.

Question 4. What are the conditions required on the part of the faithful?

Resp. It is required: 1°. that the faithful go around the Stations without moral interruption, and 2°. that they meditate somewhat on the Passion of Our Lord Jesus Christ according to the capacity of each one. Now in the public exercise of the Way of the Cross the faithful can retain their place, and it suffices that only the priest with the Ministers go around. Besides, also in the private exercise the manner of going around must be understood according to the circumstances of places and persons. But moral interruption imports turning aside to foreign acts, and therefore to perform confession or receive communion while this pious exercise is being done is not morally to interrupt it. - Cf. Prinzivalli, nn. DVII, CCXXXVI, DC, LXXVI, and CCXLIX.

Question 5. Whether someone can gain the Indulgences of the Way of the Cross several times in a day?

Resp. The authors who have written concerning this matter up to now affirm it. Nevertheless, to the Bishop of Périgueux recently it was responded thus by the S. C. of Indulgences, 10 Sept. 1883: "From the documents it is not established that the Indulgences conceded for the pious exercise of the Way of the Cross are gained as often as the aforesaid pious exercise is repeated." - Cf. Nouvelle Revue Théologique, vol. 15, pp. 473 and following.