Theatres, dances, military service and trade

Canon 140 forbids clerics to be present at spectacles, dances, and pageants which do not become them, or when their presence would cause scandal, especially in public theatres.

“The word spectacula,” says Fr. Ayrinhac, ‘ comprises all theatrical representations and likewise such exhibitions as horse-races, bull-fights, prize-fights, etc., at least if it be taken in its most general sense.”” Dom Augustine gives a similar definition of the term.

Provincial legislation often makes this general law more precise. Thus 4 West., d. 11, n. g is as follows: “ We strictly prohibit ecclesiastics who have received sacred orders from being present at stage representations in public theatres or in places temporarily made use of as public theatres, under the penalty to transgressors of suspension to be incurred ipso facto, as has hitherto been the rule in all parts of England, with reservation to the respective Ordinaries.”

Clerics, therefore, are forbidden to be present at public not at private theatricals by this law. Custom in England makes an exception with regard to those exhibitions which are given by mere children.

Clerics are forbidden to enter military service, unless they do so with the leave of their own Ordinary in order that they may be free the sooner, and to aid in any way civil war and disturbances of public order (Can. 141).

Clerics are forbidden to trade in person or through another, whether in their own interest or in that of others (Can. 142).

The trading which is forbidden to clerics and all religious is trading in the strict sense of the term. In this sense to trade is to buy commodities, not for consumption, but with the intention of selling them again at a higher price without changing their nature. So that it is not trading in the strict sense to sell the produce of one’s own land, nor to sell what was bought for consumption but was found to be unsuitable, nor to sell without profit to the poor, nor to sell a picture painted by one’s self with colours bought in the market. However, certain transactions which have the appearance of trading are sometimes forbidden on account of the danger and scandal which they are apt to cause.

It is not illicit trading to invest money in Government stock or other bonds which bear interest, though it would be unlawful speculation to invest money with the intention of selling out at a profit if the price rises. Although it is forbidden to clerics to act as directors or to take part in the management of industrial and commercial companies, yet it is probable that a cleric may lawfully invest money in such enterprises as are honest merely with a view of getting interest on his investment. He only buys the right to receive interest on his money, much in the same way as if he invested it in Government stock.

The prohibition against trading binds under pain of grave sin if the matter be considerable. However, trading implies a habit, and so in the opinion of many divines to trade once in a way, even in a considerable quantity, would not be a mortal sin.

Canon 2380 prescribes that clerics and religious who violate the law against trading be punished by the Ordinary according to the gravity of the fault.

Negative Duties of Clerics.—The negative duties of clerics are the avoidance of certain acts, occupations, or amusements forbidden as worldly, undignified, dangerous, distracting or scandalous (I Thess., v. 22; II Tim., ii. 4).

(a) Forbidden Acts.—A cleric may not go surety without permission, lest he or his church be involved in scandalous embarrassments (Canon 137); nor engage in trade, lest he be distracted from his spiritual duties and exposed to the danger or suspicion of injustice or greed (Canon 142; for penalty attached see Decree of the Sacred Congregation of the Council, AAS, 42-33D).

(b) Forbidden Occupations.—These include, first, employments and pursuits unbecoming to clerics (such as those of butcher, actor, innkeeper); next, those that are incompatible with the ministry (such as the practice for profit of the medical profession, public magistracies, government jobs, civil court functions, legislative offices, Canon 139); finally, those that are contrary to the mildness that should distinguish clerics (viz, the occupation of fighting man or soldier, Canon 141; see also Canon 984 on executioners). But exceptions may be made for a just cause.

(c) Forbidden Amusements.—Clerics should not take part in undignified diversions or cruel sports, such as the hunting of big game with great uproar of dogs and guns (Canon 138) or in gambling, and they should not enter saloons or similar places (Canon 138). Clerics are also forbidden to assist at unbecoming shows, performances, dances, or at any theatrical entertainment where their presence gives scandal (Canon 140). To gamble much (say, several times a week and for a considerable time at each game) is considered a serious matter; but it is not sinful to indulge in a game of chance now and then, if the stakes are moderate and there is no scandal.

The Prohibition against Trading.—(a) Meaning.—Trading as here understood is purely gainful merchandizing (i.e., buying an article at a lower price in order to sell it unchanged at a higher price) or industrial merchandizing (i.e., buying an article in order to sell it at a profit after it has been changed by hired labor). Hence, there is no canonical trading in commerce which lacks one of the conditions mentioned, for example, if one buys goods for one’s household or community and, on discovering that a superfluity has been purchased, sells at a profit what is left over (see 2134, 2135). Trading includes not only a business conducted personally or for personal profit, but also one conducted through agents or for the benefit of others, such as the poor or pious causes.

(b) Obligation.—The violation of this law is grave in itself, but a serious sin demands on the part of the subject that there be real trading (i.e., a number of acts morally united and proceeding from a purpose to continue in lucrative merchandizing), and on the side of the object that there be a large amount involved. Hence, it would be venial to engage in lucrative trading with a large profit once, and with a small profit twice or thrice.

(c) Excuses.—Necessity (e.g., if a cleric needs the money to live or to maintain his state, or if a business has fallen to him by inheritance and cannot be given up without loss) justifies trading, if there is permission.

Is It Lawful for Clerics to Purchase and Sell Stocks and Bonds?—(a) If this conduct has the character of gambling or trading for profit, it is forbidden by Canon 138 or 142, as the case may be, and is gravely or venially sinful according to the circumstances. Thus, pure speculation or mere betting on the market is a game of chance, and the frequent purchase of stocks with the thought of quick sales and huge profits from sudden changes of the market is lucrative trading.

(b) If the gambling or trading element is absent, the conduct in question is not forbidden by Canon Law. It is generally admitted that bond investments are permissible, since they are only a loan of one’s money at interest. There are two views about stock dealings: the stricter view regards them as always containing the character of forbidden trading (since all the notes of strict negotiation are found in them), or at least as being a game of chance; the milder view, which is common, holds that they are no more an affair of chance than many other business undertakings, and that there is no strict negotiation, if the stockholder is not a member or director of the corporation, since the buying and selling is done neither directly nor indirectly by him. Buying of stocks, then, may be nothing more than a prudent investment of money in a deserving enterprise with the hope of a reasonable return, and selling out the stocks at a large profit may be nothing more than the disposal of superfluous goods which it would be inconvenient to retain. It must be remembered, though, that it is unlawful to cooperate with a company whose purpose is evil or suspect, or to have part in frauds, or to give disedification.

16. From those things which were said in the two preceding articles, judgment can be borne concerning theaters, namely whether those who are present at theaters sin. For if they sin, they can sin only on account of base looks, or base things heard. Now then, theaters of themselves are not evil, but indifferent, since they can be had well and badly. Yet ordinarily speaking, it cannot be denied that they are full of dangers, especially for adolescents, whose blood is already sufficiently boiling of itself; for they foster luxury, feed the sight basely, enervate the soul, and sharpen passions. - Wherefore there is no sin either to be present at comedies, or to act them, if they are honorable. "The office of actors, which is ordained to exhibiting solace to men, is not according to itself illicit," says the Angelic Doctor, 2.2, q. 168, a. 3. - But if they are somewhat base, the hearer will sin only venially, unless perhaps he knows by experience that he is moved vehemently by entertainments of this kind toward lust, with proximate danger of consent, so that the spectacle is for him a proximate occasion of sinning. - If finally the comedy is notably base, either in itself or in manner, he sins mortally per se. Per se; for it would be venial to view it only on account of curiosity, or on account of empty solace, with all danger of base delectation excluded; nevertheless, practically speaking, this danger will easily be present in adolescents, or in others of little timorous conscience; and unless scandal is present, which plainly would be present if clerics and religious were present at base comedies, as Benedict XIV observes. - L. 427, 428; Hom. Apost., tract. 9, n. 10; G. 247.

17. Note. 1. Holzmann and La-Croix deservedly condemn as mortal, on account of the scandal of others, both those who cooperate by money or applause in notably base comedies, and also those who are bound to impede them and, when they conveniently can, do not impede them; a fortiori those who compose or represent them. - 2. Since it is not illicit from a just and proportionate cause for someone to expose himself to danger, especially if by salutary safeguards the danger of sinning is averted, the following can be present at spectacles without sin, provided they are not gravely base: 1. married women, lest they displease a commanding husband; 2. male and female servants, that they may serve their masters; 3. sons and daughters of the family, if parents command it; 4. soldiers and magistrates, that they may care for good order to be preserved; 5. kings and princes, that they may conciliate the affection of subjects to themselves; 6. courtiers, who are bound to accompany the prince, etc., provided all these do not have a depraved intention and do not consent to carnal delectation perhaps arising. - 3. Yet since the matter, as commonly happens, is full of dangers, a prudent confessor ought, as far as can be done, to avert his penitents from spectacles of this kind. - 4. But it is lawful for workers to build and adorn theaters, if the adornments are in themselves honorable, because it is lawful for Princes to permit spectacles.

18. Can comedians and actors never be absolved unless they renounce their profession?

R. Certainly comedians and actors are not to be absolved unless they first renounce base representations; but since spectacles are not of themselves altogether illicit, nor even the office of actors, says St. Thomas, l. c., is of itself illicit, neither are those exercising it in the state of sin, provided they use play moderately, that is, by not using some illicit words or deeds for play, and by not applying play to undue affairs and times. Therefore actors are not always to be dismissed without absolution. "All things being equal," says D. Gousset, theol. mor., t. 1, n. 648, "one will be more indulgent toward an actress who is under the authority of marital power than toward an actor who is master of his actions." - Diana, tr. 5, de scandalo, resol. 25-29; St. Francis de Sales, Introduction to the Devout Life, part 1, ch. 23.

Is it lawful for clerics to bear arms? - The bearing of arms, necessity being excluded, is prohibited to clerics by canon law. C. Clerici 2 de Vita et honest. cler. The reason is that the bearing of arms is unbecoming to the character of clerics, who after the example of Christ ought to be meek and humble of heart. Hence theologians with Benedict XIV, Notification 101, say that clerics in sacred orders who embrace military life sin gravely. Nevertheless those are not to be reprehended who cooperate in a just war by counsel, exhortation, or even help; and if they have temporal jurisdiction, they can declare war, enroll an army, provide arms, provided they do not bear arms nor discharge the office of commander. Necessity being excluded; because necessity has no law. C. Dilecto 6 de Sent. excomm. in 6; in Canon Law this is not repugnant by divine law. Hence even priests fought in the Old Law, 1 Macc. 10. Suarez de Censur. d. 47, s. 6; Lugo, Resp. Mor. l. 5, d. 14; S. Th. 2. 2. q. 40, a. 2. "The dispositions by which it is provided that clerics subject to military service not be promoted to major orders before that military service has been completed are preceptive." S. O., August 31, 1904. Cf. E. M.

As regards those, moreover, who are held to perform military service, the rules, precepts, and documents handed down by the S. O. on September 16, 1875, are to be observed.

Religious likewise bound to military service cannot be admitted to sacred orders and to solemn profession in regular orders. But in Institutes of simple vows, they will be able to be admitted only to temporary vows until the time of military service. When that is finished, the former must remain in simple vows at least for a year; the latter will emit profession again for a year. S. C. de Relig., January 1, 1911. Clerics who in any way bring aid to civil wars and political contentions, deserting their proper place of residence or clerical garments, immediately remain suspended from the exercise of orders and grades, and from any ecclesiastical office and benefice; and they become incapable of obtaining any ecclesiastical offices or benefices in the future, every faculty of dispensing being taken away from Ordinaries. Cf. here 1240. Clerics likewise generally are prohibited from involving themselves in political parties, which often is not without scandal of the people.

Are fishing and hunting prohibited to clerics? - Fishing is lawful, as something which by its nature is altogether quiet, nor is it read anywhere as proscribed. But frequent and clamorous hunts are interdicted, namely those which are done with great apparatus of men, dogs, hawks, nets, and arms. If they are done rarely, they lack grave fault; if they are quiet, they are lawful, unless they are positively prohibited by the Ordinary. But so that they can be exercised with arms, the permission of the Ordinary is needed. C. 1 de Cler. ven.; C. 1 Ne cler. vel mon.; Trent s. 24, c. 12 de R.; Benedict XIV de Syn. l. 11, c. 10, n. 6-10; L. l. 3, n. 606; S. Th. 2. 2. q. 168, a. 2.

Is the game of dice prohibited to clerics? - A game of dice is said to be one which is wholly situated in pure chance, and whose outcome depends on mere accident, without the skill of the player obtaining any part in it; such is, for example, the game of knucklebones. As regards inferior clerics, doctors commonly say that this is not positively prohibited, because as regards them, at least from custom, the canons have been derogated, just as regards laymen. But it is prohibited to clerics constituted in orders and to beneficed clerics. This is established: 1. from natural law, because, speaking in itself, it is unbecoming to a cleric and brings scandal; 2. from canon law. Lateran Council IV, can. 16; Trent s. 22, c. 1 de R.; Benedict XIV de Syn. l. 10, c. 2, n. 2; l. 11, c. 10; L. l. 3, n. 884, 895.

105. • Trading is prohibited to all clerics, especially to those who have been initiated in sacred Orders. This is established from innumerable texts of Canon Law, chiefly from Trent, sess. 22, ch. 1, De Reformat.

Nor is it licit for clerics to devote themselves to trading even because of the necessity of supporting a family, without the permission either of the Apostolic See within Italy, or of the Ordinary outside Italy. From the Decree of Clement XIII, constitution Cum priorum, 17 September 1759. - See St. Alphonsus, On Contracts, nn. 832, 833. But the following are not contained in that prohibition: 1º Clerics who sell the fruits which they gather from their own fields. 2º Those who exercise an art consonant with their own condition and state, and sell the works. 3º Those who buy things at a small price when there is abundance, so that, when scarcity of provisions comes on, they may sell them at the same price to friends, relatives, and the poor. 4º Those who buy animals so that, fattened on their own farms, they may sell them; but otherwise, if they are fattened in another's stalls. 5º Probably from the common opinion, also those who buy the fruits of the fields of others for fattening animals, and selling them when fattened. 6º Those who buy for their own use, but afterward sell if the price rises, so that a similar thing may be bought more cheaply. 7º Those who buy many things so that they may provide for themselves more safely, and then sell what remains, even at a higher price.

1046. Clerics ought to avoid certain amusements, because they disgrace clerical dignity, or are dangerous, or provide scandal; thus especially hunting, entrance into taverns, certain games, dances, and spectacles.

1. On hunting. (A) With respect to canon law, three species of hunting are distinguished: clamorous, which is done with great noise of arms and dogs, for taking larger wild beasts, namely boars, stags, etc.; quiet, which is done with snares and nets, for taking birds, hares, etc.; almost intermediate, which is usually done with firearms indeed employed, but without great noise and with few dogs.

(B) Now clamorous hunting (to which that which is done with falcons and hawks is assimilated) is prohibited to clerics, even minor ones, and indeed of itself under grave obligation: for it is opposed to clerical modesty and gentleness, and also to the spirit of religion, because of the vehement distractions of mind which easily arise from hunting. Wherefore, in book V of the Decretals, tit. 24, De Clerico venatore, c. 2, one reads: "We interdict to all servants of God huntings and woodland wanderings with dogs, and hawks or falcons"; and in the Code, c. 138, it is established that clerics never exercise clamorous hunting.

(C) But quiet hunting, according to all, is licit for clerics. But concerning intermediate hunting there is doubt. Benedict XIV has as more probable the opinion which declares it illicit, because the canons, without any distinction, prohibit hunting which is done with dogs.¹ Nevertheless, by customary law benignly interpreting those canons, this kind of hunting does not seem prohibited; for the texts of law prohibited hunting such as was then done, and with all the circumstances which rendered it unbecoming for clerics, namely with great tumult of arms, dogs, and companions; and these indeed have no place in intermediate hunting.² From the Code, clerics "are not to indulge in hunting"; and therefore the modest and rare use of non-clamorous hunting is tolerated.

¹ Benedict XIV, De Synodo, lib. XI, c. 10, n. 8.

² Thus Reiffenst., in tit. De Clerico venatore, n. 11; Schmalzgr., ibid., n. 10.

1047. 2. On entrance into taverns. Clerics are prohibited from entering taverns for the sake of eating and drinking, except in a case of necessity, namely when they are making a journey: "And let them entirely avoid taverns, unless perhaps for a cause of necessity, when they are placed on a journey."³ But taverns, of which there is question there, were places and fomentations of intemperance and incontinence. Therefore by common law there do not come under this name houses which principally serve for providing refreshment or lodging. - From the Code, c. 138, clerics "are not to enter taverns and other similar places without necessity or another just cause approved by the Ordinary."

³ Decretal. lib. III, tit. I, c. 15, p. 453, ed. Friedberg.

1048. 3. On games. (A) Merely aleatory games, namely those which depend almost totally on chance, are prohibited to clerics if they are done for the sake of gain: "Let them not devote themselves to games of chance, money having been exposed."⁴ For from these games, when they are done frequently for the sake of gain, there often arise distractions and anxieties of soul, - grave loss of money to the detriment of the player himself or of pious works, - lies, frauds, quarrels from desire or from fear of great damage. But those who play at dice sparingly, for the sake of recreation, and with scandal excluded, exposing only small sums, do not sin, according to the common interpretation. - But those who play frequently, that is, several times in the week, and for a long time, although they do not expose a great sum of money, sin gravely of itself, according to the more probable opinion.

⁴ Code, can. 138.

(B) But industrial or mixed games, which depend more on skill than on fortune, do not seem prohibited by common law, provided they are not too prolonged, nor scandal given. Yet in some dioceses they are permitted only under certain restrictions.¹

¹ In the Paris statutes, n. 173, these things are wisely decreed: "We likewise remind them that the games which are permitted cease to be so as soon as one plays too often, or longer than the need of honest recreation demands, or in circumstances proper to edify the faithful badly, as would happen, for example, if one played in public places. The most innocent games also become blameworthy if they occasion somewhat considerable losses of money."

(C) As to the use of the wheel which is called bicyclette, bicycle, nothing has been defined by common law; but in some dioceses, Bishops have prohibited its use, and the Sacred Congregation of Bishops and Regulars praised one of them, Sept. 28, 1894 (Act. S. Sedis, t. XXVII, p. 437). The matter depends greatly both on the customs of the region, and on the motive and manner of using this wheel; if a cleric moderately and prudently uses this wheel, whether for the sake of honest recreation or for visiting parishioners, in a region where the faithful suffer no scandal from this, it does not seem to be prohibited; but if immoderately, for wasting time, with scandal of the common people, such abuse must be reproved: concerning which Bishops are judges.

1049. 4. On dances and spectacles. (A) Clerics are prohibited not only from leading dances, but also from being present at them, when something unbecoming is done there; indeed already in the Council of Agde (an. 506) one read: "Priests, deacons, subdeacons or those thereafter, to whom there is no license of taking wives, should also avoid banquets of others' weddings, nor mingle with these companies where amorous and shameful things are sung, or obscene motions of bodies are displayed by choirs and dances, lest hearing and sight deputed to sacred mysteries be polluted by the contagion of base spectacles and words."² This particular law was extended to the universal Church by custom and particular statutes, and also by the general declaration of Trent.³ The Code, can. 140, thus explains and defines the matter: "Let them not be present at spectacles, dances, and pageants which disgrace them, or at which it would be a scandal for clerics to be present, especially in public theaters."

² Decret. Gratiani, distinct. XXXIV, c. 19, p. 130, ed. Friedberg.

³ Trident., sess. XXII, cap. 1 de Reformat.

(B) Clerics are prohibited from being present at comedies or spectacles that are dangerous or of the lowest repute, which disgrace clerical dignity. Besides the ancient canons which forbid this, the words of Lateran IV concerning clerics can be alleged: "Let them not attend to mimes, jesters, and actors." Therefore, by common law, comedies and tragedies which display nothing dishonorable are not forbidden. Today, however, in public theaters, the things which accompany or follow even honest comedies generally offend clerical modesty. Moreover diocesan laws determine more specifically which spectacles are to be avoided.¹

¹ To the point Conc. Plen. Baltim. III, n. 79: "Therefore, that its own honor and comeliness may be preserved for the ecclesiastical order, we command that priests entirely abstain from public horse races, from theaters and spectacles." The Paris Statutes declare the matter more fully, n. 234: "We forbid all clerics, and, under penalty of suspension, all priests and ecclesiastics in sacred orders, to attend representations of public theaters, operas, balls, cafe-concerts and in general profane spectacles where the presence of an ecclesiastic could become a subject of scandal... We signal, as little conformable to clerical dignity and modesty, the presence of ecclesiastics in circuses, public concerts, fairs." - Note also n. 231: "We absolutely forbid them to frequent the Exchange or to play at the Exchange; to frequent racetracks or to engage in wagers at races."

2227. • TRADING properly so called, or lucrative, is the purchase of a thing made for this end, that, the thing not having been changed, it be resold with profit. Improperly so called, or artificial, is the purchase of a thing made for this end, that, changed by art or industry, it be resold with profit, e.g. if from purchased wool cloth to be sold is made.

I. Trading PROPERLY SO CALLED is severely prohibited to RELIGIOUS, BENEFICED Clerics, and those who have been INITIATED IN SACRED ORDERS: as is established from innumerable witnesses of canon law, and especially from Trent.¹⁶ Whence they sin gravely, indeed, they incur suspension and excommunication ferendae sententiae (and also the penalty of spoliation), if they trade frequently; but if rarely, and not in a great quantity, they are excused (at least from mortal sin) on account of smallness of matter, because the laws speak concerning one exercising it, such as he is not who posits one or another act.

But it does not matter whether the trading is exercised in one's own name, or in another's, or through others; for this is forbidden under the same penalties both by the bull Apostolicae of Benedict XIV, 25 February 1741, and by the constitution Cum primum of Clement XIII, 17 September 1759. - Whence, if business begun by a layman is transferred to a cleric by any title whatever, it must immediately be laid aside by him, even in the case in which the trading could be exercised through co-heirs or partners. But if they cannot be laid aside without detriment, continuation is indeed permitted by reason of necessity, but only for a time, and through an interposed lay person, and with the permission of the Sacred Congregation of the Council in Italy, or of the Ordinary outside Italy.¹⁷

2228. • II. ARTIFICIAL trading is not prohibited to Clerics, nor to Religious, provided they exercise it HONESTLY, and BY THEMSELVES. The reason is because to buy a thing so that, changed for the better, it may be sold more dearly is not properly to trade, but to obtain the reward of one's labor, as St. Thomas teaches¹⁸ with others. And this is clear from the example of St. Paul, who was of the tent-making art.

We said honestly, i.e. without scandal, without disgrace, and without detriment to one's own ministry; by themselves; because if things are changed by hired workers, another's labor is now judged to be bought and sold with profit: which is equated with trading properly so called.

From these things you will resolve: 1. It is LICIT for a Cleric to rent out his estates and animals for a pension; - to cultivate his fields by the work of laymen, and to sell the fruits; - to buy animals, and fatten them with fodder coming from his own lands; indeed probably, with fodder bought for this end, that he may sell them fattened with profit, or that he may make profit from offspring, milk, wool. - Similarly, it is licit for a Cleric to buy several things for the security of his provision, and to sell more dearly what remains; or to sell more dearly that which he had bought for his own use, if an occasion presented itself of buying another similar thing more cheaply; for these things pertain to economy.

2. It is NOT LICIT for a Cleric to lease the fields of another, so that he may cultivate them through workers, and sell their fruits; or so that he may fatten animals, and sell them fattened; nor to buy estates or animals for this end, that he may resell them with profit.¹⁹ - Nor is it licit, either by himself or through others, to contract active exchange, as Clement XIII decreed in the cited Constitution Cum primum; - nor to acquire shares of a partnership in commendam (commonly accomandita), as is established from the declaration of the Sacred Congregation of Bishops and Regulars made on 30 January 1846²⁰ (cf. n. 1158). - But otherwise, if it is a question of mere obligations, which have only the character of a loan: such as annual revenues founded in the public treasury, and bonds of industrial companies. Yet it would not be licit to trade in them, i.e. habitually to buy them with the mind of selling more dearly when their price has increased.

To the question: "Whether it is licit for ecclesiastical persons to buy TITLES over railroads and to receive the profit coming from them?" the Congregation of the HOLY OFFICE on 1 April 1857 responded: "The Most Holy One grants faculties to be communicated to Bishops through the Sacred Congregation of Bishops, of permitting ecclesiastics to receive shares of railways, from their own money only."²¹

Whether that Response can be extended to similar cases, with respect to all industrial or mercantile companies, is not outside controversy; but it seems probably to be affirmed.²²

NB. As regards commerce which is exercised in the Indies, recall what was said n. 1346.

2229. • 1. HUNTING is prohibited to Clerics. This is established from various places of Law, but especially from the Fourth Lateran Council, can. 15, and from Trent,²³ which specifically enjoins upon beneficiaries that "they abstain from illicit hunts, fowling, etc."

Furthermore it must be NOTED: - 1) The Doctors commonly understand this prohibition concerning clamorous hunting, or that which is done with a great noise of arms and dogs for killing larger wild animals; but not concerning quiet hunting, which is done without noise for catching birds or smaller wild animals, such as hares, foxes, etc. Fishing is forbidden by no canon. - 2) Clamorous hunting is not a grave sin, unless it is frequent, or is done with scandal, or with great expenses. - Indeed, it is probably devoid of every fault if it is rare and moderate; or is done from necessity, or for the sake of exercise, without the omission of duties.²⁴ Diocesan Statutes must also be consulted about a matter of this kind.

2. BEARING OF ARMS, necessity having been set aside, is prohibited to clerics, just as hunting is.²⁵ This is established from cap. 2, de vita et hon. Cler., where it is said: "Clerics bearing arms are to be excommunicated." - The reason is because arms

are instruments of savagery; and therefore most alien from the meekness of Christ the Lord. Wherefore Clerics constituted in sacred Orders sin gravely who take up military service. Yet those are not to be reprehended who cooperate in a just war by counsel, exhortation, or even assistance, provided they do not bear arms, nor perform the office of commander.¹

Note. Today, in several Kingdoms, clerics are forced to enroll in secular military service. - Concerning this violation of clerical immunity PIUS IX complained bitterly in the Letter Singularis given on 29 September 1864 (cf. Syllabus n. 32) and in the allocution held on 12 April 1875 to the Catholic international deputation. - Finally, the Congregation of the HOLY OFFICE, 16 September 1875, handed down certain norms to Bishops, that they might provide, as far as they can, for the good both of religion and also of the clerics themselves who are constrained to serve as soldiers.²

2231. • The GAME OF DICE is prohibited to Clerics in Sacred Orders, as also to Beneficiaries, and especially to Bishops, as is established from the Fourth Lateran Council can. 16⁵ and from Trent.⁶ Now under games of dice are to be understood games of chance, which depend not on art but on chance: such are games of knucklebones, or dice; but not games of cards, unless they are of mere chance.⁷

Hence St. Alphonsus teaches: - 1. The aforesaid clerics sin gravely if they frequently and for a long time indulge in public games of mere chance, although in a small amount; "because a game of this kind notably disgraces the clerical state. - And the same must be said if they expose a great sum to the game, although rarely: at least when in this there would be grave scandal of others."⁸

2. They do not sin gravely if they play rarely, moderately, and privately, without scandal of others. Indeed, not even venially, as is probable, if this is done for the sake of recreation, in a place where the aforesaid canons are not rigidly observed.⁹

2232. • DANCES, COMEDIES, and generally all SPECTACLES are prohibited to Clerics. This is established from Trent.¹⁰ And the reason is because such amusements disgrace the clerical state, and because by them sanctity of life is brought into the utmost danger. - Yet it is not prohibited to Clerics that, for the sake of honorable recreation and exercise, they be present at those spectacles which are customarily represented in Communities. - Indeed, it is not prohibited to them that they act some parts in scenes of this kind, all the rules of modesty and temperance being surely observed.¹¹

I. Three kinds of trade are wont to be distinguished. The first, by which the things necessary for food are bought, and what remains over is sold. The second, by which material is bought — say wood, metals, and many other things — out of which by the labour of art those things are made which conduce either to ornament, or to convenience, or to the necessity of life. The third, by which wares are bought that the same, unchanged, may be sold more dearly. The first two bear the name of trade in a less proper sense. The third is the trade of which we shall speak. This the divine Scriptures and the holy Fathers of the Church assert to be liable to guiles, frauds, perjuries, and lies. For it is said, Ecclesiasticus 26: Two sorts of callings are hard … a merchant is hardly free from negligence, and a huckster shall not be justified from the sins of his lips. With difficulty is a merchant stripped of negligence in the business of eternal salvation, because he is bewitched with the cupidity of increasing riches. Hence the Apostle, 1 Timothy 6, says: For they that will become rich fall into temptation and into the snare of the devil, and into many unprofitable and hurtful desires, which drown men into destruction and perdition. For the desire of money is the root of all evils; which some coveting have erred from the faith, and have entangled themselves in many sorrows. But thou, O man of God, fly these things; and pursue justice. Very many testimonies of the Fathers I pass over from a study of brevity.

II. QUESTION I. Is trade forbidden to clerics and religious? ANSWER. There are many canons which forbid trade to clerics and religious under penalty of excommunication. Chapter Secundum, under Clerics or Monks, where these things are had: Under the threat of anathema we forbid that monks or clerics trade for the sake of gain. Again chapter Consequens, distinction 88; the Clementine 1, On the Life and Honesty of Clerics; chapter Canonum, cause 14, question 4. The penalties imposed by these canons are excommunication and suspension, which the Council of Trent renewed, session 22, and to which it added others. Authors commonly teach that these penalties are not latae but ferendae, which no one incurs save after the judge's sentence. Those laws comprehend all clerics constituted in sacred orders, nay even those in minor orders, if they be beneficed. Many of the younger authors except from this prohibition clerics constituted in minor orders … … even if they be beneficed, without any foundation: they distinguish for themselves, and we are not bound to distinguish.

III. Moralists dispute whether clerics or monks who trade once and again sin mortally. But I am wont to abstain from defining the degree of malice, unless the truth be expressed. The Salmanticenses defend that a cleric or monk does not sin mortally if he trade twice or thrice, and they cite Diana, de Lugo, Molina, Filliucci, and others. But I answer that the law is to be observed. Whether the sin be grave or slight escapes our mind. That the law is to be observed our mind evidently recognizes. Therefore these little distinctions are evasions for eluding the law.

IV. QUESTION II. Can clerics or monks trade through others? ANSWER. The Salmanticenses affirm it, who cite Molina, Lessius, de Lugo, and others: because, they say, the sacred canons forbid to clerics and monks trade to be carried out by themselves; for this indeed bears an unseemliness and brings with it a distraction of mind; but it is otherwise when clerics and monks leave the whole care to another, and exercise merchandise by the ministry of others.

V. If this be not a circumvention of the law, what will be? The end and spirit of the prohibiting law tends to this, that it may draw clerics and monks, consecrated to God, away from the heaping up of riches, that they may give themselves wholly to the divine worship, that they may render God propitious to themselves and to the people. But clerics and monks who trade by the industry of others are tormented by avarice, by cupidities, by cares, by straits, by continual perplexities and solicitudes. What trade is permitted to clerics and monks is described in Vol. VII, Book 3, dissertation 1, chapter 3, no. 10 and following.

VI. QUESTION III. In how many ways does trade become unlawful? ANSWER. It can become unlawful: first, if its end be gain alone; second, if frauds, lies, perjuries, or monopolies be mingled with it; third, if the matter be not vendible, as sacred things, or wares which we are forbidden to sell to unbelievers, such as arms, iron, and the others which are enumerated in the Bull In Coena Domini; fourth, if merchandise be carried on either on feast days or in a sacred place.

VII. QUESTION IV. Can those who exercise merchandise lawfully sell wares more dearly than those who do not exercise trade? ANSWER. All affirm it, since the profession of merchants is necessary to the commonwealth, and these must live by their profession and sustain many burdens from which those are free who do not exercise merchandise. They cannot, however, exceed the limits of the price customary among merchants. It is forbidden them to gather up corn while it is worth less, that it may be sold more dearly. This trade natural and positive law reject. For rich men of this kind who accumulate corn, that in a time of scarcity they may sell it more dearly, are oppressors of the poor and pernicious to the commonwealth. The law itself, not only the common law, chapter Quicumque, cause 14, question 4, but the peculiar law also of every kingdom, forbids such trade.