Folio 498

Leo XIII, 1878-1903

printed p. 466 · pdf p. 498

The answer on the 19th day of May, 1886 is:

To I. In the negative, and if it is a matter concerned with societies affiliated with the Masonic sect, the penalties passed against this sect are incurred.

To II. In the negative.1

Then, on the 15th day of December, 1886:

1864. Insofar as it is a question of those whose bodies are subjected to cremation not by their own will but by that of another, the rites and prayers of the Church can be employed not only at home but also in the church, not, however, at the place of cremation, scandal being avoided. Indeed, scandal can also be avoided if it be known that crema-tion was not elected by the deceased's own will. But when it is a question of those who elect cremation by their own will, and have persevered in this will definitely and notoriously even until death, with due attention to the decree of Wednesday, May 19, 1886 [given above], action must be taken in such cases according to the norms of the Roman Ritual, Tit. Quibus non licet dare ecclesiasticam sepulturam (To whom it is not permitted to give burial in the church). But in particular cases where doubt or difficulty arises, the ordinary will have to be consulted.

Civil Divorce2

[From the Decree of the Holy Office, May 27, 1886]

1865. The following questions were raised by some Bishops of France to the inquisition S.R. et U.: "In the letter S.R. et U. I. of June 25th, 1885, to all the ordinaries in the territory of France on the law of civil divorce it is decreed thus: "Considering very serious matters, in addition to times and places, it can be tolerated that those who hold magistracies, and lawyers who conduct matrimonial cases in France, without being bound to cede to the office," and it added conditions, of which the second is this: "Provided they are so prepared in mind not only regarding the dignity and nullity of marriage, but also regarding the separation of bodies, about which cases they are obliged to judge, as never to offer an opinion or to defend one to be offered, or to provoke or to incite to that opinion which is at odds with divine and ecclesiastical law."

It is asked:

I. Whether the interpretation is right which is widespread throughout France and even put in print, according to which the judge satisfies the


  1. Leo XIII, confirming this decree to the Ordinaries, "ordered that they opportunely have the faithful of Christ instructed on the detestable abuse of cremating human bodies, and that with all their might they deter the flock entrusted to them from this (prac-tice)." 

  2. ASS 22 (1889/90) 635 f.