( 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
On the manner of proceeding in cases of the crime of solicitation
(This text is) to be diligently stored in the secret archives of the Curia as strictly confidential. Nor is it to be published nor added to with any commentaries.
he has been legitimately cited and is not
present at some [parts of the ] acts, the acts indeed are valid, but afterwards
[those acts] will be totally subject to his examination so that he is able
to comment upon all of them either in words or in writing and to propose
what he has judged to be necessary or opportune
It is fit that the notary, on the other hand, is present at all Acts under
pain of nullity and to note down with his own hand or at least to affix
his signature [to the aforesaid Acts] (Canon 1558, $ 1). Because
of the special character of these procedures, however it is necessary for
the Ordinary to dispense from the presence of the notary, though
because of a reasonable excuse in the acceptance, will be noted in its
own place, of the denunciations and also in the expenditure of the degrees
of attention or care expected of the notary in a given situation, as they
say, in pursuing and examining the witnesses inducted [into the case].
10. Minor helpers are to be used for nothing unless it is absolutely necessary; and these are to be chosen, in so far as possible, from the priestly order; always, however, they are to be of proved faithfulness and mature without exception. But it must be noted that, if, when necessity demands it, they can be nominated to accept certain acts, even if they are non -subjects living in another territory on Ordinary of that territory [ can ] be interrogated (Can. 1570, $ 2 ), observing, of course, all of the cautions treated as above and in Canon 1613.
aforementioned oath, the formula for which is to be found in the appendix
of this instruction