( 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
And, since, because of all these matters he has been denounced to our tribunal, he has been duly cited on this day (let there be noted the day and month of citation), with a proper process having been constituted against him, he has now been indicted on these days (state on which days); however, he remains negative. Nevertheless he has been convicted of the matter.
Therefore, although he has affirmed that he feels that he has acted correctly concerning the faith and Catholic doctrine (having supposed, evidently that the matter was truly so), and the defender for the court action was not remiss in his duty of promoting and sustaining the proper defences for the accused;
Nevertheless, having correctly and seriously weighed everything, we the Judge-Ordinary of the delegate, on this day (let there be noted the day on which the sentence is given ), from the acts and proofs, believe and are convinced that the sentence which follows ought to be rendered.
Therefore, having invoked the name of god, and that the most blessed and ever virgin Mary the Mother of God and of our lord Jesus Christ, we issue this our definitive sentence which we, seated for the tribunal, issue, with these pages, in the cause which has been brought before us between D…..(name, family name, etc. of the Promoter of Justice) the promoter ++57++ of justice at this tribunal and …(name, family name, etc. of the accused, as above, we say, decree and declare and hold that…..(the name, family name, etc. of the accused is repeated), because of those matters of which he ahs been convicted, has been judged guilty of the crime of solicitation toward obscene matters (and of false dogma) and therefore has merited the censures and penalties which have been started, legislated and promulgated against such delinquents.
Lest, therefore, the above mentioned errors and faults remain unpunished, and in order that the accused will hasten to live in the future more cautiously an be an example to others, we will therefore condemn him…(there should be added the dispositve part of the discussion.)
Likewise we inpose upon him these salutary penances…(and let it be said what penances are imposed).
And thus we say, discern, declare and order and definitively believe and we do intend to wish to order its execution, as we order concerning the fact in this way and with that form which by law we can and must [decree], at the same time mandating for this purpose with the present letter that the accused on this date…. Will be cited to hear the reading and conveyance of this our decision.
Thus we pronounce (and
the act should be closed with an indication of the place and day in which
it is to be published).
Signature of the Judge the Ordinary or of his delegate Signature of the notary
FORMULA SManner of Delivering a Condemnatory Sentence in Cases Where the Accused has Confessed His Crimes
We (Let there be noted the name, family name, qualities, etc., of the judge-Ordinary or his delegate).
name, father’s name, age, condition, etc. of the accused, and, if he is
a religious, let there be added also the name by which he is known in the
world. Was not afraid to abuse the sacrament of penance by words
and actions concerning which treatment was given in Pontifical Constitutions
and especially in the constitution of Benedict XIV, which opening words
are SACRAMENTUM POENTITENTIAE, saying and doing these things…(here in a
summary fashion and with prudent and discreet words, it should be indicated
how, how often, etc. the accused been at fault).