Page:Catholic Encyclopedia, volume 17.djvu/253

 OBBHATION 237 OBIME IN CANON LAW

Oramatioii (cf. C. E., rV-481).-— The practice of cal or moral, have caused the death of one of their

cremation is reprobated by the Church, and no spouses, even if no adultery has been committed,

attention must be paid to any request for it. If a It may be noted that the Code in treating of cases

person has ai^ed to be cremated he may not re- (2) and (3) makes no mention of any intention

ceive Christian burial, unless he repented before to contract marriage. Before the Code apeared,

dying; unreserved excommunication is incurred such intention was not laid down expressly in the

ipso facto by those who order or compel the Chris- law as necessary, yet the necessity of it was empha-

tian burial of such persons, while those who give sized by the standard moralists and canonists.

it voluntarily are interdicted from entering church, Ignorance of the existence of this impediment pre-

the censure being reserved to the ordinary. vents it from arising. One may note, however, that

Codex jur. can., 1^2-2,194; Notal, Commentanum. (a) when a dispensation is granted by the Holy

Oremona, Diocbsb of (Crbmonbnsib; cf. C. E., ^^IV^'^i.^ "^^'^^^ ^"* .unconsummated marriage,

IV.^83b). in Lombardy. Northern Italy, sufifragan ?[,"?> J^^? S^!;Z?°?f Ivf '"'nSJfn.'^'' H^^^^

of Milan Mgr. Bonomelli, appointed to this see marriage on account of the presumed death of a

27 October, 1^1, although 'an active and «ealous 5?^^J?„TfrL^^^^^^^^^

worker, mented the disapproval of the Church by fwpensation from the impediment of crime arising

his un'compromising attftSde on the question o^ J^rnW^^'Zt *lf fiL'^.SX'rv'^^H ln\^ J^'fd^^

temporal power. He desired a union between the ^2) or (3) that is, from adultery and conjugicide

Church and State, but a union which would be to ^VJSJ^,^^^!^^^ £?^^'

the advantage of the latter, and maintained very ^""^ '"'• *^' ^' ^^

dose relations ^th the Italian court. When the orfj^e in Oanon Law—By the word crime is

Pope condemned the separation of Church and ^^^^ ^ ^^^^^ ^^^ viWion of a law to

State Bishop Bonomelli published a pastoral letter ^y^^^^ ^^ ^^^ ^^ indeterminate canonical sanction

directly opposed to the pronouncement of the Holy ^^^ y^^j^^ annexed • unless the contranr is appar-

Father. causing a great scandal throughout the ^^^ ^^^ ^^^ ^ode says about crimes kpplies luso

country. He afterwards went to Rome to justify ^^ ^^^ violation of a precept imposed with a penal

^°^H^r K* a'"^ ^ ^fT^ ^"^ '^^'""'^ M ?• ^ ^^ sanction. Ite quality ^epeids oithe object oi the

he pubh^ed a well known pamphlet, Roma, j^^ ^^ ^^ ^^^ ^1^^ gnportance of the law vio-

r Italia et la realty della cose,^ settmsf forth the j^^ed, the degree of imputabihty, and the injury

necessity of a reconciliation between the two; it ^^ j^ ^\^ public; if it is commonly known

was published annonwnously, but was knoTO to be ^^ ^^ ^^^^ i^^^ ^^^^ gucl^ circumstances that

^e work of Bishop Bonomelh. He later declared ^ pmdent person must easily know that the fact

himself to be its author and, to avoid direct con- ^ ""^y^^^^ tS become public; (b) notorious noto^

demnation announced submission to the judgment ^^^^ -^^ ^^^^^ ^ 1^^^^ judgment or after con-

of authority, thus ffaimmf wider publicity for his f ession in court; (c) notoriiuTnoionetofe facti, if

book. He died m ^igolme, 3 August, 1914 after ^^^^^ ^^^ '^^^ committed under such circum-

a long dlness and was mourned by all the liberal g^^^^ ^^a^. j^ ^^^^ j^ explained away or legally

pr«B, which fact was m itself the bitterest criticism excused; (d) hidden or occult, if it is not public;

of ^e man and the prelate. However two accom- materially occult, if the crime is secret; formally

phahments still stand to his credit; the reorganiza- ^^^^ :/xu imnutabilitv is so

^^^A ^«_HPP^'.Semiimjy m n^^^^ which "^^ de^ '^^SSily depends on the mal-

I^fH^TlnH'^r'l^^^^ deUberati ill-will is presumed in the external

2ri^n?P M wpll ^ material ^^^^ ^^^ ^^^ contraJy is proved. Ignorance of

He wa3 Bucceeded by Rt. Rev. Giovanni Caszani, ^, ^^S rpl^Ub^l^^^^^^

Si'^S^'t^e^ ^^ei^to!? rth^^^SIn^tr?"!^ Itt Ixf^T^nJiS^^^^^

~^rl?ieta'^\o^r bb^^^^^^^ ^^^Sei^t ^^^ ^^^f^V^J^^^^

Ravenna in 1901. He returned to Pavia the follow- ?!^'*?' ?! ??Ll"i!?^TlT''5S-:!?? ?/*!? -?!!!??}

5 August, 1904. The diocese comprised a Catholic ^'.°^ commits a crime of the ^me nature under such

popuESon of 377,790 and is credfted by the 1920 Ji^T^^S?^ ^^^IT*^^^

Statistics with 230 parishes, 641 secular and 40 regu. ^^^. y*^'"* prudently that his evil will was lar clergy, 200 seminarians, 20 Brothers, 1,476 Sis- a- - ^^-.^^i ...i^ -ii *u^ v u j •

tens an^ 630 churches or chapels. „ ^ *f l^'^L'^t 'i" ^^"^ ^^"^ ^""^ concurred m

^ ^ a cnme as conspirators, or necessary accomplices.

Crime, Impediment or (cf. C. E., IV-489).— or those but for whose influence the crime would

According to the Code of Canon Law a valid mar- not have been committed share equally in the

riage cannot be contracted between two parties: guilt with the principal offender; those, however,

(1) who, while one of them was legitimately mar- who were superfluous accomplices, or who partially

ried, have committed adultery together and prom- withdrew their influence, or who participated only

ised to marry one another or have attempted to by neglecting their duty are less giulty. Accessories

do so even civilly— this impediment is one of the after the fact, e.g., those who praise the evil done,

minor orade; or (2) who while one was legitimately or share in its fruits, or conceal the culprit do

married have committed adultery together and in not share the guilt of the principal, if, before the

addition one of them has committed conjugicide; commission of the crime, they had no agreement

or (3) who by mutual co-operation, whether physi* with him to act thus; their acts may, nowever,