157. On Censure *ab homine*

Audifax, a regular missionary, after he had spoken many things against the Apostolic Delegate, was suspended by him from order and from office. Audifax, sent by his Superior to another mission, is absolved from the suspension laid upon him by the Apostolic Delegate of this mission.

It is asked: What to the Case?

R. Since Audifax was suspended through a censure laid down ab homine, he surely could not be absolved from this censure by the Apostolic Delegate of another mission, although the latter was strong with the same authority as the other Apostolic Delegate. Although Audifax changed domicile and no longer depends on the former Apostolic Delegate, nevertheless, as regards absolution from the censure laid upon him, he is still dependent on him. "As regards censures," says St. Alphonsus, l. 7, n. 72, "laid down ab homine, if the censure is borne by way of a particular sentence against a determinate person, that person cannot be absolved except by the one bearing it, or by his superior, or by his successor or delegate. It is certain and common." And Suarez, d. 7, s. 2, n. 26: "One must distinguish," he says, "concerning one excommunicated by his bishop either through a general sentence or through a special one. For, if it is in the former mode, he can be absolved by another bishop to whose diocese he has transferred his domicile... But if he has been excommunicated through a particular sentence, he cannot be absolved by another judge, even if he has transferred domicile elsewhere, because the case was already begun before another judge, who consequently acquired as it were a permanent jurisdiction in such a case, and in those things which pertain to it, among which are the censure and absolution from it. But jurisdiction thus confirmed is not taken away because of transfer of domicile, as is clear from C. Proposuisti de Foro comp." And Schmalzgr., l. 5, t. 39, n. 85, 87, 93: "It is doubted who can absolve from censures specially laid down ab homine? Resp. From these only he who laid it down can absolve, and his successor, superior, or delegate, and no one else... even if the guilty party changes domicile. For he is still to be absolved by him who bore the sentence, arg. C. Proposuisti 19, de Foro comp.... The reason is that by change of domicile he cannot elude the jurisdiction of the author of the censure... And no one else; for besides those thus far enumerated, the power of absolving from a censure specially laid down belongs to no other. The reason is manifest; for to no other is found granted the dissolution of this bond; and rightly, lest the jurisdiction of judges be disturbed, or their authority be contemned. Exception is made if the guilty party is prepared to offer satisfaction, but on account of infirmity or some other impediment cannot approach the author of the censure in order to be absolved; for then he can be absolved by an equal or inferior judge, an oath having been offered that as soon as he can he will present himself to him to whom by law the absolution belongs, according to C. Ea noscitur 13, Quod de his 26, Quamvis 58, de Sent. exc. The reason is that, since a censure is a medicinal penalty, depriving one of many spiritual advantages, it was expedient that, correction being placed, it be removed."

Moreover, the doctrine and prescription of C. Proposuisti 19, de Foro comp., is very clear, and is of the following tenor: "You have proposed to us that a certain subject of yours, legitimately cited by you to a case at the petition of a certain adversary of his, because afterward he began to be of another jurisdiction, intends to decline your judgment. Now we do not believe it to be doubtful to your prudence that he, in the aforesaid case, does not have the right of recalling the forum, as one already anticipated by that forum."

Therefore Audifax cannot be absolved except either by that Apostolic Delegate by whom the censure was laid upon him, or by the Supreme Pontiff, who is the Superior of the author of the censure. Namely, if Audifax offers to the Apostolic Delegate whom he offended by his manner of speaking a fitting satisfaction, the latter is bound to absolve him. But if without reasonable cause he denies absolution to him, then he will be able to have recourse to the S. Congregation de Prop. Fid., and he will certainly obtain absolution from it if he himself is truly penitent.