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their Cromwell's Barracks, with traditions and history of manacled and murdered priests and bishops, and of their Calvinistic zealous to blood, pious and godly' minister, and they are now 'firm in the Faith as their own stout mountains, and strong as the sea that lashes their shores.' 1

JOHN NEARY.

1 An exhaustive biological record of the plant and animal life of the islands, and a survey of the solid and surface geology, were published by the Royal Irish Academy some years ago. Much more matter bearing on Bofin and Shark is still sealed up in the Original Council Book, in Hardiman's unpublished notes, and in other untapped sources.

NOTES AND QUERIES

THEOLOGY

ABSOLUTE OR CONDITIONAL FORMS?

REV. DEAR SIR,-During the course of my ministrations last season, I had to deal with two particular cases. One was the case of a person who, as everybody knew, lived a bad, indifferent life. The other the case of one who lived the ordinary life of people of the parish. When I reached the home there was no consciousness in either case.

What should have been the exact form of Absolution in either case, and what the exact form of Extreme Unction immediately following absolution?

I cannot well follow distinctions and sub-distinctions, but should like a short, plain, answer.

PAROCHUS.

But he must allow us time to

'Parochus' wants a short plain answer. make a small statement first. We take it that both invalids were alive, that both were probably in danger of death, that in both cases their friends (not themselves) had sent for the priest, that neither had been actually committing mortal sin when he lost the use of his senses, finally that neither had persistently refused the Sacraments as long as consciousness remained. If these hypotheses are not fulfilled the answer must be modified--in some cases considerably, in others slightly, in all to some extent.

Granted their fulfilment, the answer is :

1o. The Absolution form should have been conditional-the ordinary form with the express addition (mental or vocal)' si capax es.'

2o. The Extreme Unction form should have been absolute (cf. Canons 941, 943) the form exactly as given in the Ritual. If there was danger that the patient would die before the separate anointings could be completed, the short form should have been employed.

RECENT ROMAN REPLIES

The last January issue of the I. E. RECORD (pp. 72-75) contained the replies given by the Pontifical Commission to seventeen queries recently submitted. With five of them (Nos. 3. 7, 8, 9, 10) the Canon Law correspondent dealt in the same number (pp. 62-66). On four of the others (Nos. 1, 2, 12, 15) we had already said something in the October, 1919, issue (pp. 310-13): as regards two of them (Nos. 2, 15), however, we must add, the official version differs considerably from that given in the

Continental magazines from which we borrowed them. On these two, and on the remaining eight, a word or two may not be out of place.

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Dismissal of Religious (No. 2).--The official reply contains words ('Simplicia. . . . . voventis' and 'in Religionibus . . . . . mulierum') that were not found in the Acta Ord. FF. Minorum (v. 37, f. 2, p. 21) from which we borrowed the statement through the Monitore Ecclesiastico and the Nouvelle Revue Théologique. The result is that it applies to a much more restricted class of cases.

It will be remembered that Pius IX (in the Sanctissimus, 12th June, 1858) decreed that, in the case of Strict Orders of men, solemn profession should take place only after three years from the termination of the novitiate during that period the new members were bound by simple vows-'perpetual,' so far as they themselves were concerned, but 'temporary' in the sense that the Order could relax them for just and reasonable cause. The regulation was extended to strict Orders of women in 1902 (Perpensis, 3rd May). The only difference was that, in the case of men, the Order itself granted the release (and this was extended to lay Orders subject to military service, by the Inter reliquas of 1st January, 1911), while, in the case of women, the relaxation came from the Holy See.

The Code has changed the discipline. In every Order and Congregation, of men or of women, with solemn or with simple vows, there is to be a three-years' period of really temporary vows-temporary from the standpoint of the members as well as from that of the Order. After that, there are to be perpetual vows-simple or solemn, as the case may be.

Having established that new régime, the Code makes definite provision for the dismissal, if necessary, of members of both classes-the' temporary' and the 'perpetual.' But it says nothing of the third class-with vows temporary 'in one sense, ' perpetual' in another.

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And-as is evident from the official reply, and from the long note giving the words of the original query-it is with this third class, and with it alone, that the Commission has dealt. The others-no matter when the vows were taken-are governed apparently by the regulations of the Code (637-72). This is not said definitely in the reply—and there is room for modification later on-but the suggestion is strong.

On the principles involved we may cite what we said already. There is no need to discuss minor details. Seeing that the Code has been in force for nearly two years, the class concerned will soon have disappeared.

Canons' Rights and Duties (Nos. 4, 5, 6).-The replies are very remote from practical life in Ireland. Technically, however, they have some interest even for us.

6

1o. According to Canon 395, § 1, when the daily distributions' in Cathedral or Collegiate Churches are small or non-existent, the Bishop is to set aside one-third of the profits, revenues and (fluctuating) income of the members, to be distributed as honoraria for regular attendance. The

1 See I. E. RECORD, October, Fifth Series, vol. xiv. 1919, p. 312.

2 Ibid., January, 1920, pp. 72, 73.

Ibid., October, 1919, p. 312.

query was whether this regulation is binding when the distributions' originated from Apostolic privilege. Evidently the querist recalled Canon 4, which guarantees the preservation of Apostolic privileges-except when expressly revoked: and he found no express revocation in the wording of Canon 395. But the reply is manifestly the correct one all the same. Canon 395 can be observed without interfering with the privilege in any

way.

2°. The right of 'option'-that of the Senior Canon to a vacant prebend -is prohibited by Canon 396, § 2, no matter what 'custom' there may be to the contrary. 'What,' says the query, 'if instead of "custom" there be an Apostolic indult? Are not indults protected by Canon 4?' A question to be asked: logic seems really on the side of the querist. But the answer is against him, notwithstanding.

3°. A Canon' Jubilarian - one who gets the distinction from the Holy See after 40 years' worthy service-is assured certain privileges, unless (among other things) the 'custom' is against him (422, §2). 'Does custom,' asks the querist,' deprive him of exemption from altar-services? ' And the answer is that the exemption remains: it is not mentioned in the canon among the 'certain' privileges that custom abolishes. A mere declaration of the obvious meaning of Canon 422.

Baptism (No. 11).-In accordance with Canon 98, the child belongs to the rite in which it is baptized, unless the baptism has been conferred by the minister of another rite either (a) fraudulently, or (b) in case of necessity, or (c) by Apostolic dispensation allowing baptism in one rite and membership in another. Canon 756 decrees that the baptism is to be conferred in the parents' rite.

:

What is the meaning of the query? It is not too clear and the prout casus exponitur of the reply indicates as much. But, judging from the words 'contra praescriptum canonis 756,' we should say that the case falls into the first exceptional category specified in Canon 98. If so, the reply is obviously the only one that could have been given.

Heresy and Ordination (No. 13).—By pre-code law a candidate for Orders was irregular when his father, mother, or grandfather was a heretic ; not so when his grandmother was the only one tainted. The object of the query was to elicit a declaration as to whether some similar distinction might not be drawn in connexion with Canon 987, 1°, which establishes an impediment' so long as the candidate's '(non-Catholic) parents persevere in their erroneous belief.' The answer is unfavourable. The nonCatholicity of either parent is enough to give rise to the impediment: and the fact that the parents were married by dispensation (from the impediment of mixed religion ') has no effect on the result.

There are other points in this connexion that still await solution. Does 'non-Catholic (987, 1°) include pagans, or only heretics (as in the old law) and schismatics? Does the impediment continue (as it used to do) if the parents die? Does it affect-as it used not to do-children born before the parents lapsed into heresy or schism? On these and other matters the reply throws no light. But, of course, there is no reason why it should: the questions were not submitted.

Christian Burial (Nos. 14, 15).—The first reply needs no comment. Canon 1205, § 2, forbids burials in 'churches,' and the Commission applies the principle to subterranean structures that are truly and properly' churches.

Comparing the fifteenth reply with that dealt with in our October issue,1 we find our fears and prophecies verified. The original reply was intended for a particular locality: this is general. The 'reprobation' that overtook the custom of the Southern Italians' has fallen on similar customs everywhere. Except there be 'grave excusing cause,' the corpse must be brought to the church; any custom to the contrary, no matter how old, must be weeded out and never allowed to revive (Canon 5). Seminary Tax on Parish (No. 16).-The tax contemplated in the query and reply is not the justifiable tax allowed by Canon 1356, § 2, but dangerously like the simoniacal imposition reprobated by Canon 1441 (cf. also Canon 1507). Hence the need for special recourse to the Congregations.

Invalidity of Marriage (No. 17).—Canon 1990 enumerates the exceptional cases in which the Ordinary may declare a marriage invalid without going through the complicated procedure prescribed for normal cases by the Code-contenting himself with definite proof, and with the citation of the parties and the presence of the 'defender of the bond.' There is no mention made of the cases specified in the query-all of them instances in which the law of clandestinity' has been flagrantly outraged. But the reply supplies the defect. The Bishop, and even the parish priest, may deal with them even more summarily than with those the canon does mention. Even the presence of the defender of the bond' is not required.

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PENITENTIAL JURISDICTION IN THE CODE (Can. 892, §2)

REV. DEAR SIR,-I thank you for the courtesy and great consideration shown to me in the December issue. But there remains a doubt on one point (No. 3, infra) and I would feel much indebted for the solution.

1. With reference to the argument No. 8 (b) in your reply, the qualifying phrase would, of course, be a phrase applicable to confessors, who are dealt with in the section, as distinct from parochi' of par. I; e.g. sub eorum jurisdictione,' and not sibi commissorum.' The argument, therefore, in so far as it is based on the latter assumption, fails.

2. It is admitted that on three independent grammatical grounds (Nos. 3, 8 & 10) 'fidelium' would be understood in an unrestricted sense, so that it becomes necessary to exercise a threefold pull in order to fit the word into the groove of accepted teaching. This necessity militates, perhaps, against the reputation for clear, unequivocal diction justly enjoyed by the compilers of the Code, but, I quite agree, the argument from the context, if uncorroborated, would not be conclusive. Corroborated, it would be a good argument.

3. Gury (I, 221) says: In communi necessitate . . . . succurendum proximo est cum incommodo quidem aliquo, quia id amor proximi exigit;

1 Pp. 310, 311.

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