( CRIME OF SOLICITATION )
FROM THE SUPREME AND HOLY CONGREGATION OF THE HOLY OFFICEFOR ALL PATRIARCHS, ARCHBISHOPS, BISHOPS AND OTHER DIOCESAN ORDINARIES
“EVEN OF THE ORIENTAL RITE”
ON THE MANNER OF PROCEEDING IN CASES OF SOLICITATION
The Vatican Press, 1962
Asked: That he
tell the name, family name, office, and age of the confessor, and the place
or seat of his confession; or whether he was a secular or a religious priest,
Asked: That he
tell, in order, sincerely and clearly, using, however, discrete and constricted
words, all of those things less than honourable which he had heard in the
sacramental confession either before or after or on the occasion of confession:
whether there had been something performed with him less than honest by
nods, touches or action, etc., by the priest.
At this point, the judge solicitously will take care that the description is in the same words which the confessor used, the obscene words, seductions, the invitations to meet in some place for an immoral purpose, and all the other things which constitute the crime of solicitation, using the vernacular language for the answers which are to be sedulously and truthfully recorded ++44++ and, in s o far as possible, with the same words in which they were offered; he should add the temperament of the person examined, if he notices that he seems impeded by too much fear or bashfulness from telling the truth, assuring him that everything will be kept under an inviolable secret. Then he should ask him the time from which the solicitations began, how they perdured, how often they were repeated, in what words or acts smacking of immoral purpose they had been expressed. He will diligent avoid asking about the consent of the person himself being examined with regard to the solicitation, and, even more, he should advise him expressly that he is not bound to manifest whether by chance he gave consent. Likewise, he will avoid any interrogation which he give evidence of a desire to know the sins of that person.
he knows or hear it said that the aforesaid confessor had solicited other
penitents toward obscenities; and if affirmative, he should name them (and
he will help give the name, family name, etc., or at least the better indications
by which the other solicited person can be detected).
Asked: Whether the aforesaid
person being examined, had given testimony out of love for justice
and truth, or rather from another motive of enmity or of hate, etc.?
With all of this taken care of, there should be read to the person being examined everything that has been put down in writing, or, for a just cause expressed in the notes, the instrument [that is, the document upon which the notary as written the answers] should be given to him so that this person may read it to himself in the presence of the which accepted the examination; then, everything that has been approved and accepted by that person, together with the corrections, additions and erasures, if there are any, he should be invited to sign and led to take an oath t observe the secret, and that he should be dismissed. All of these matters shall be described in this words:
The accused, having received and accepted all these matters, was dismissed, having sworn to observe the secret, once again touching God’s Holy Gospels (He will swear again in the Gospel Book) and, attestation of what he had stated, he signed it (or, if he cannot write: when he asserted that he could not write (let the cause be noted), he made the sign of the cross).
After the person being examined has signed here or has made the sign of the cross [on the document], the notary will sign, if he is present, in this way:
These acts are signed by myself, N.N., Notary (and if he has been authorized only for this action: authorized only for this action). L.X S.
Finally, he who been administered the examination will sign it. If, however the notary was not present, then the one who accepted the examination will sign in this way.