The

violate churches or other holy places are ipso facto excommunicate, absolution being reserved to the pope. sacristy of the church is a "holy place" if it be annexed to the church, but not if it be separated; private oratories are not included amongst holy places.

B.-Offences against our Neighbours.

32. HOMICIDE.-This is defined to be the unjust slaying of man, thus excluding the execution of criminals by lawful authority. Homicide is voluntary when the intention is directed to the death of the victim; or it is casual, when death follows some act, against or without the intention of the agent, through his carelessness or some other cause. Sometimes the circumstances in which the crime was committed greatly aggravate it, and then it is called a qualified homicide, to distinguish it from an ordinary or simple homicide; thus parricide and assassination are qualified homicides. Homicide directly voluntary induces a perpetual irregularity for orders or benefices in the Church; under this are included all who command or advise, and all who assist by word or deed, and those who do not resist when they ought to do so. Casual homicide causes irregularity also,* at least when there was grave negligence, or when it happened through doing an action prohibited expressly on account of the danger of homicide; hence a physician, whose conscience accuses him of neglect by which his patient's death was caused or hastened, cannot be ordained. But irregularity does not follow homicide merely casual; as, when the slayer was not free (in which case he is rather the instrument than the agent), or

* But in this case dispensable.

when he was engaged in some lawful but not dangerous occupation without negligence, or when he was engaged in a lawful but dangerous occupation and yet taking care to avoid accidents. Should any one be in doubt as to whether he is irregular through homicide, he is bound to consider himself irregular until he can obtain the judgment of the superior and a dispensation if necessary. Irregularity is not incurred by homicide, even when this is done during an unlawful action, provided that the manslayer has taken all due precautions against the danger in doing such an action; as, for instance, if a cleric engaged in a prohibited hunting should ride over and kill a child who ran in the way of his horse in spite of his care to prevent any accident of the sort. Irregularity, however, only applies to clerics or to men who may wish to be ordained; for voluntary homicide in general, the canons order excommunication to be the sentence of the ecclesiastical judge, and absolution is reserved; moreover, clerics are to be deprived of their benefices. But if the homicide be qualified, then the excommunication follows at once, before trial or sentence, and so does the deprivation, but for this sentence must be pronounced.* The canons also declare that if either husband or wife compass the other's death in order to be married to another, the homicide and this third person cannot validly marry.

33. In order to restrict the chances of manslaughter, the Church has prohibited duelling and certain dangerous sports, such as tournaments and bull-fights, under grave

* That is, the fruits of the benefice must be surrendered by the cleric deprived from the time of the crime, and the object of the sentence is to declare the vacancy which has in fact occurred.

penalties, including the denial of Christian burial to those who are killed in them. Duellists incur excommunication ipso facto, even if no death occurs, and the absolution is reserved; the seconds and other assistants are included under this sentence. This severity is due to the consideration that death may follow so speedily that the dying man may have no time to make his confession, or even to show some signs of penitence before his death; if he has shown any sign of penitence, burial may be allowed him with the bishop's permission. Suicide is forbidden, under the same penalties as voluntary homicide, and burial is to be denied. The procuring of abortion also incurs excommunication ipso facto, because it falls under the class of qualified homicides, being never separate from unchastity either of intention or act. Under this sentence are included the criminal herself and all who assist her in this wickedness. Parents who expose their children lose all parental rights. Parents were also forbidden by the ancient canons to have their children in the same bed with them, in order to prevent the death of the children through being overlaid.

34. A crime allied to homicide is mutilation; that is, the cutting off of any member of the body, such as the hand or foot, which is needful for use. This does not include wounding, nor the cutting off of the ears or other less necessary members; nor, of course, does it include such mutilations as are necessary for life or safety, but it applies equally to mutilations of one's own body or that of another person. No canonical punishments are inflicted for it, unless it be joined with sacrilege, i.e. committed upon a sacred person or in a sacred place; but it induces

irregularity in the same circumstances as those in which homicide would induce it.

35. EVIL SPEAKING.-Blasphemy, calumny, detraction, perjury, and lying are included under this head. The punishment of blasphemy has been already given. Calumny and detraction, even when the truth is spoken, are forbidden, because they proceed from an envious mind, and cause needless offence; their punishment is the same as that for blasphemy. But in necessary cases the evil deeds of another may be detailed, for instance, in warning any one not to trust an unfaithful person; but evidently the greatest care must be taken to avoid saying more than is quite necessary, and giving a false appearance to the facts. Two species of lying are especially forbidden by the canon law-one of speech, false witness by actual lying or by suppression of truth; and one of act, forgery of false money or false deeds. False witness in a trial makes the witness an "infamous" person; if a cleric, he is to be deprived of his benefice and shut up in a monastery for the rest of his life. The absolution is reserved. The falsification of episcopal or papal letters incurs excommunication ipso facto; clerics guilty of it are to be deprived, and laymen must make proper satisfaction. Coining, or falsifying coin, is to be punished with excommunication; and falsifying weights and measures is to be punished by a severe penance, for in general it presses most severely on the poor, whom the Church is bound to protect to the utmost.

36. THEFT.-The canons contain directions about the punishment of almost every offence against our neighbour's property, but they are not now in use, because the

State is allowed to punish those unfaithful Christians who transgress in such matters. If a cleric be convicted of theft, he must be deposed; and the mark of "infamy" is attached to any convicted thief. Rapine, or robbery by violence, is more severely punished, and burial may be denied. Incendiaries are to be excommunicated, their absolution being reserved.

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37. USURY.-This crime consists in demanding, or intending to demand, from a borrower more than the actual thing lent to him, or, in receiving interest on loans. The amount of the interest does not enter directly into consideration; it is interest itself which is forbidden, although the common use of the word usurer" respects one who demands a high rate of interest. The civil laws, both of the ancient heathen and modern irreligious states, allow interest to be demanded, though they have sometimes limited the amount which can be claimed legally and recovered in the courts. The Jewish law forbade any Israelite to take usury or interest from another Israelite, but allowed it to be demanded from Gentiles (Lev. xxv. 35-37; Deut. xxiii. 19, 20). Christians are absolutely forbidden to take usury from other Christians, or from unbelievers; the latter were not even to be asked to return what they had borrowed (St. Matt. v. 42). There is, however, no sin in paying interest when it is demanded; the crime consists in asking for it, or determining to ask for it. The reason is founded on the relationship of Christians. They are all brethren, and therefore bound to help one another in every possible way as brethren; therefore it is a crime against brotherly love to ask for interest. Of course, a present not asked