( 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
33. In order
to arrive at this purpose [of undertaking all the required formalities],
as soon as the Ordinary shall have accepted any denunciation of the crime
of solicitation, either personally or through a priest, he will summon,
either personally or through a priest delegated to do so, two witnesses
(he summons them separately and with appropriate circumspection) and with
appropriate circumspection) two witnesses, in so far as it is possible,
from the rank of the ecclesiastics . But it is far better, above any exception,
to summon persons, who are familiar with both the one denounced and the
one denouncing. These persons, with the notary present (cfr. n. 9),
who is to put the interrogation and responses in writing, [ are put] under
the sanctity of an oath to tell the truth and to observe its secret nature,
accompanied by the threat, if it seems necessary, of excommunication reserved
to the Ordinary of the place or to the Holy See
34. If the denunciations
are many in number, there is nothing to prevent the same [character] witnesses
to be used for all or [to use different] witnesses, always being careful
to have a double testimony as to the denounced and the denouncer.
37. This [article] , then, pertains to the third letter ( c ). If in the denunciations, which happens not rarely, some persons are influenced, perhaps also solicited, or others who can [simply] bring forward testimony concerning some type of reasona. All of those people must be examined severally (that is, separately) according to the judiciary formula [below.] (Formula 1). First of all, they must be interrogated through general matters, and then, by degrees, as the matter evolves, arriving at the particulars, whether and how they had really been solicited , or did they know or hear that other persons had been solicited (Instruction of the Holy Office, February 20, 1867, n. 9).
38. The greatest circumspection must be used in inviting these persons to this interview; for it wil not be always opportune to bring them to a public place such as the chancery, especially if these are girls who are being subject to the examination, married woman, or those who are domestics. If those who are to be examined live either in monasteries, in hospitals or pious homes for girls, then, the particular [persons] should be summoned with great dilligence and on different days according to circumstances (instruction of the Holy office, July 20, 1890).
was said above about the wa to receive denunciations, will also be applied,
changing what has to be changed [mutatis mutandis) , to the examination
of the persons who have been brought forward.