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quently, however, it will be best not to say anything about this, and not to disturb the good faith that has arisen from long existing practise. The decoration of churches appears to be less intimately connected with the prohibited worship than the building of the church itself. For this reason the furnishing of stained glass work might more easily be permitted; yet there should be a weightier reason than the ordinary gain, for instance actual lack of work which threatens the business, or which necessitates the discharge of workmen, who then would only with difficulty obtain other positions, and similar reasons, such as great improvement of the firm. If such reasons exist, and the locality in question is one of mixed religions, if there is no scandal to fear, or if it may be removed by explanation, the firm may undertake the work. The pictures must of course not bear even a trace of heresy.

W. STENTRUP, S.J.

XLIV. THE EXTENT OF OBEDIENTIA CANONICA

In certain circumstances the solemn promise of ecclesiastical obedience is demanded. Such promise is, in first place, by precept, made and confirmed by oath to the Pope. The cardinals take this oath of loyalty to the Pope upon their elevation to the cardinalate; the archbishops before their investure with the pallium; this oath of loyalty forms part of the ceremonies at the consecration of bishops and abbots; it is contained in the Tridentine confession of the faith, and hence is required of all who, according to ecclesiastical precept, must make the Tridentine confession of faith. In the latter the formula is: Romano Pontifici, beati Petri Apostolorum principis successori ac Jesu Christi vicario veram obedientiam spondeo ac juro.

Besides this oath of loyalty to the Pope, there is at the consecration of priests a simple promise of obedience (not on oath) given by the newly ordained into the hands of the officiating bishop, to him, and his successors, if he is the diocesan bishop of the newly ordained, otherwise to the ordinary of the diocese to which the newly ordained will belong: Promittis mihi et successoribus meis (Pontifici or Praelato Ordinario tuo pro tempore existenti) reverentiam et obedientiam. R. Promitto.

Only after this solemn promise has been given, the kiss of peace is imparted to the ordained, and the latter receives full recognition as lawful priest of the Catholic Church.

What new obligations are assumed by this oath, and by this promise? That some new obligation is assumed can hardly be doubted. The oath taken binds the conscience with a new moral bond, at least that of the religio, so that disobedience is not merely

disobedience but perjury as well, and related to sacrilege. The simple promise of the newly ordained priest, though not possessing the same rigor of obligation, must still be viewed, even though in lesser degree, as a vinculum religionis, or as a ratification of the vinculum created by the ordination, as the solemn elevation to the most sublime state is on the part of the Church only consummated and approved after the deliverance of this promise. Though a new bond of obligation is therefore forged, the question follows: is there a new obligation? This can, in a certain sense, be affirmed, but also just as correctly denied. An obligation ensues to something new, inasmuch as with that promise of subjection a new office is undertaken; hence there ensue new obligations of office and state of life, especially new obligations of duty toward the higher ecclesiastical superiors. But these obligations already exist independently of the oath rendered or the promise made: they are not created by the latter, only confirmed and emphasized.

In matter and extent the obligation of canonical obedience is, on the one hand, measured by the office and the state, in the assumption of which the vow of obedience and submission is rendered; on the other hand the power to impose commands and to require obedience is measured by the official position of the one to whom the vow is made.

WERNZ, in his Jus Decretalium, Vol. 2, n. 192, says correctly that, "The promise of obedience or the oath of loyalty extends for clerics only to lawful and ecclesiastical matters, especially to those specially expressed in the formula of the oath, and thereby bishop or clerics in no wise become vassals, or political subjects, of the Pope." Special matters are referred to in the bishop's oath; not in the oath in the Tridentine confession of faith. In this therefore, the affirmation by oath has reference only to the universal relation of

submission of the Catholic Christian to the ecclesiastical precepts of the Papal See.

In regard to the priestly promise, WERNZ, loc. cit., explains: "Obedientia canonica, quam clericus et beneficiatus suo Episcopo praestare tenetur, generatim in hoc consistit, ut ipsius legibus et praeceptis, sententiis et correptionibus, doctrinis et monitis prompte obsecundet. Inter alia vigore promissae obedientiae canonicae praesertim etiam illud exigitur, ut clericus licentia sui Episcopi in aliam diocesim non discedat, derelicto servitio Ecclesiae, cui in ordinatione addictus fuerat.-Quare licentia ab Episcopo in forma legitima est danda et absque justa causa denegari nequit.—Episcopus clericum dioecesanum qui certo loco non est adscriptus, invitum retinere non potest, ne a sua dioecesi discedat et alibi parochiam accipiat; quod si illum propter necessitatem omnino in diocesi retinere vel ad illam revocare velit, il facere non prohibetur, dummodo eidem de congrua provideat."

The first and chief duty of canonical obedience is, then, not to abandon of one's own accord the assumed office, nor to break arbitrarily the relation to the diocese.

Then follows, as second obligation, the duty to obey, in the charge undertaken, the ecclesiastical instructions of the bishop, and to obey, still more zealously, the related higher regulations. Such higher regulations are contained, for instance, in the constitution of Leo XIII on prohibited books, and printing. Apart from par. 22, which commends a general precept specially to the clergy, par. 42 is particularly addressed to priests: "Viri e clero saeculari ne libros quidem, qui de artibus scientiisque mere naturalibus tractant, inconsultis suis Ordinariis publicent, ut obsequentis animi erga illos exemplum praebeant.-Iidem prohibentur, quominus, absque Ordinariorum venia, diaria vel folia periodica moderanda suscipiant.”

The last sentence touches, therefore, a third instance, i. e., nonecclesiastical matters, in regard to which priests may owe submission and obedience to their bishop. But we see that this is a fact only in a very restricted extent. In this sentence there is reference to things which prejudice in a high degree the fulfilling of the obligations of office and state, or which endanger the reputation of the priest or the priestly state. That in such matters the bishop may exert power is evident; that such conditions be prevented is probably the reason for the general precept. Where, therefore, conditions or reasons prevail, like those which occasioned the papal precept, the bishop may act by power of his authority, and demand the priest's obedience. In other non-ecclesiastical matters this will hardly be the fact: except where matters are concerned which also otherwise are shown to be prohibited or to be required; to an exact fulfilment of duty, in all matters, the bishop must without doubt hold his clergy in a special manner, as they should set a good example to the rest of the faithful, always and everywhere, by spotless conduct and faithful fulfilment of duty. Without question the episcopal authority remains therefore quite within the privileges of its office when it, in kindred and not necessarily ecclesiastical matters, without actual command imparts admonitions and directions, in order to prevent faulty steps, or to warn against faulty actions and ways of acting, which might give scandal, or may be unedifying. AUG. LEHMKUHL, S.J.

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