IV. On Interdict

What is interdict? Interdict is a censure by which the use of all divine offices, of some sacraments, and of ecclesiastical burial is prohibited, precisely insofar as it is use. Therefore interdict does not take away jurisdiction. Precisely insofar as it is the use of certain sacred things: because excommunication deprives one of the same use insofar as it is communication with the faithful; but suspension properly impedes not that use of the goods of the faithful, but the exercise of ecclesiastical power. And thus by a general interdict both clerics and lay persons are affected, and by it clerics are indeed prohibited from working sacred things, because these are prohibited in the time of interdict or in an interdicted place, but not as the exercise of sacred ministry. C. Responso 43, de Sent. exc.; C. Permittimus 57, ibid.; C. Alma mater 24, ibid., in VI; C. Si sententia 16, ibid.; C. Non est 11, de Spons.; C. Cum et plantare 3, sec. 3, Quod si de Priv.; C. Episcoporum 8, ibid., in VI; C. Quod in te 11, de Poen. et rem.; L. 328; Schmalzgrueber, nn. 340-349, 398-401; Engel, n. 91; Pichler, n. 45.

What is required for the observance of interdict? In order that an interdict oblige others two things are required. The first is that the interdict has been denounced; otherwise after the Extravagant Ad evitanda we are bound neither to observe a local interdict nor to avoid one personally interdicted, although the person himself personally interdicted ought to abstain from divine things as soon as that censure binds, because no favor was made to those interdicted, just as to the excommunicated, by the cited Extravagant. The other is that a local interdict be commonly observed by those for whose sake it was established. For if they do not observe the interdict, the Church is judged to remit it. C. Petistis 20, de Priv.; Schmalzgrueber, n. 389; Pichler, n. 52.

What is to be said about divine offices? The divine offices which cannot be performed in an interdicted place or by interdicted persons, and at which it is forbidden to be present, are those which are exercised solemnly by clerics alone in a designated place, excepting a sermon, such as the public celebration of Mass, the public celebration of the canonical hours in choir, public and solemn blessings, etc. And in a general local interdict these are prohibited on individual days, except the days of the Nativity of the Lord, Easter, Pentecost, the Assumption of the Blessed Virgin, the day and Octave of Corpus Christi; to these the feast of the Immaculate Conception must be added for all Spain. For then divine offices are permitted to be celebrated solemnly, with interdicted persons also admitted; these indeed are bound to hear Mass on those feasts, provided those who gave cause to the interdict do not approach the altar, either at the Offertory or at Communion. But on other days it is lawful for religious and all clerics, in a general local interdict, to celebrate offices, if they themselves are not interdicted, and they celebrate with doors closed, in a low voice, and without the sound of bells, with excommunicated and interdicted persons excluded, namely those who have been denounced as such, and in such a way that nothing can be heard or seen by those who are outside.

But if the interdict is general personal of the people, nothing prevents divine things from being celebrated daily in the churches, provided the conditions just related are observed. The reason is that by force of this interdict the churches are not interdicted, nor are the clerics. Finally, when the interdict has been special local, it will only be lawful to celebrate Mass once in the week for renewing the Eucharist for the sick. Now although interdict is after the manner of excommunication, nevertheless it does not separate one from the communion of the faithful. Hence if an interdicted person celebrates Mass, we can assist at it; and if an interdicted person is present at divine offices, and when commanded to leave does not wish to do so, one need not therefore cease, unless perhaps the place itself is interdicted, because there the law does not give faculty of celebrating except with interdicted persons excluded. Nor likewise is the cemetery or church polluted by the burial of the same person. Indeed it is lawful to offer sacrifices and pour forth public prayers for him while living or after death.

C. Responsio 43, de Sent. exc.; C. Permittimus 57, ibid.; C. Alma 24, ibid., in VI; C. Quod in te 11, de Poen. et rem.; Clementine Ex frequentibus 1, de Sent. exc.; Martin V, constitution Ineffabile sacramentum; Eugene IV, constitution Excellentissimum; Sacred Consistorial Congregation, December 10, 1913; Schmalzgrueber, nn. 361-368; Laymann, part 4, chap. 2, n. 2; L. 333; Engel, nn. 83, 84, 92; Giraldi, Expos. Iur. Pont., part 1, sec. 811; Pichler, nn. 50, 51.

What is to be said about the sacraments? The sacraments which it is not lawful to administer or receive in an interdicted place, or by interdicted persons, are: the Eucharist, i.e., ordinary distribution of the Eucharist; Extreme Unction, outside the case of necessity, namely when another sacrament cannot be administered with certainty; sacred Order; Matrimony, namely with solemn blessing. C. Quod in te 11, de Poen. et rem.; C. Non est 11, de Spons.; C. Responso, de Sent. exc. By the Sacred Consistorial Congregation, December 10, 1913, the public administration of the sacraments is prohibited.

Therefore 1. Baptism is lawful, and can be given even solemnly; but not by one specially interdicted, outside the case of necessity. C. Non est 11, de Spons.; Sacred Consistorial Congregation, December 13, 1913; Schmalzgrueber, n. 351.

2. Confirmation is lawful, even solemnly; but again by no means conferred by one specially interdicted, or in favor of one who has been specially interdicted, unless he first makes satisfaction, or, if he cannot, furnishes security concerning making satisfaction, or, if he can do neither, swears that he will make satisfaction when he can. C. Responso 43, de Sent. exc.; C. Quoniam 19, ibid., in VI; C. Alma 24, ibid.; C. Clerici 3, de Cler. exc. min.; C. Latores 4, ibid.; Schmalzgrueber, n. 352.

3. Penance is lawful, but not conferred by one specially interdicted outside the case of necessity, nor in favor of those who are specially interdicted unless they furnish satisfaction, or if they cannot, security, or if they can do neither, swear that they will make satisfaction when they can. C. Quod in te 11, de Poen. et rem.; C. Alma 24, de Sent. exc., in VI. "Yet if it is administered by one interdicted, even specially denounced, the sacrament will more probably be valid, because interdict removes not jurisdiction but the use of divine things." Schmalzgrueber, n. 353.

4. Viaticum is lawful in danger or in the article of death, but not in favor of one specially interdicted unless he first makes satisfaction, or, if he cannot, furnishes security, or, if he cannot even do this, swears that he will make satisfaction. In this case the Most Holy Sacrament can and must be carried to the house of the sick person with the customary solemnity, with clerics accompanying, candles lit, and bells rung. Once the Sacrament has been carried, it is also lawful for the priest to show it to the people for adoration and to bless them with it; for these things are not prohibited by interdict, except in the sacrifice of Mass. But in order that the most holy Eucharist can be ministered to those existing in the article of death, it has been granted, as we have already said, to renew it once in any week by celebrating the sacrifice of Mass. C. Quod in te 11, de Poen. et rem.; C. Permittimus 57, de Sent. exc.; C. Alma, ibid., in VI; Sacred Consistorial Congregation, December 10, 1913; Laymann, part 4, chap. 2, n. 1; Schmalzgrueber, n. 354.

5. Extreme Unction is lawful "if the sick person can receive no other sacrament; for then extreme unction can be ministered to him from the presumed will of the Church, because it is not to be believed that the Church wishes to deny her faithful, and especially the dying, the aid of the sacraments, especially when the eternal salvation of the sick person, the sacrament not having been received, is not lightly endangered; this danger is for the greatest part tempered by the sacrament of extreme unction received." Schmalzgrueber, n. 355. "But religious," says St. Alphonsus, 334, "it is common, in the time of interdict, can receive Communion and extreme unction."

6. Order is lawful for those interdicted only generally and in a place not interdicted. The reason is that any reception and administration of the sacraments in an interdicted place, and to persons specially interdicted, is prohibited; but otherwise to those who are generally interdicted in a place not interdicted. Moreover, order is lawful if the case, which is entirely rare, should happen, "that in some province there is so great a lack of priests that the sacrament of penance and of the Eucharist could not conveniently be ministered to the sick.... The reason is that by C. Alma some sacraments are permitted to be administered and confected in the time of interdict; consequently, therefore, the ordination of ministers who will be necessary for this must be permitted, otherwise that concession would be useless. Confirm by parity: from the fact that in the time of interdict the ministration of baptism and confirmation is conceded, the blessing of the font and confection of chrism, without which those sacraments cannot be ministered, are also judged conceded. Therefore, since the sacrament of penance and of the Eucharist cannot be ministered without ministers either, from the concession of these the concession of the ordination of those ministers is rightly inferred." Schmalzgrueber, n. 356.

7. Matrimony is lawful. Since in law it is held that it can be contracted at any time, it is not comprehended in an interdict. Hence it can be contracted in an interdicted place and by persons generally interdicted. "Indeed even those specially interdicted, if they are penitent and contrite, are in no way excluded from contracting it; because they are not prohibited by force of an obstacle, which is removed through repentance." Schmalzgrueber, n. 328. Yet the solemn blessing cannot then be given to the spouses. For this is contained under the divine office. Therefore just as this, so that blessing is prohibited in time of interdict. C. Non est 11, de Spons.; Sacred Consistorial Congregation, December 10, 1913; Schmalzgrueber, nn. 357-360; La Croix, n. 420; L. 334; Laymann, chap. 2, n. 1; Engel, n. 94; Pichler, n. 50.

What is to be said about ecclesiastical burial? In a general local interdict, lay persons who have not been specially interdicted through their own fault, unless they are transferred to another sacred place not interdicted, from C. Si sententia 16, de Sent. exc., in VI, must be buried in a non-sacred place, even if there is question of infants and the insane. But if they have been buried in a sacred place under interdict, they need not be exhumed, because this is not held established in law, although it is otherwise concerning the excommunicated. C. Sacris 12, de Sepult. But when the interdict ceases, all are to be replaced in a sacred place.

Clerics, if they are not interdicted by name and have observed the interdict, can be buried in a sacred place under interdict, but silently and without solemnity; indeed even in a Church interdicted by a special interdict. If the interdict is special local, no one doubts that ecclesiastical burial is prohibited to lay persons. But in a personal interdict, whether general or particular, both clerics and lay persons can be buried in a Church not interdicted if they have not been denounced. For those with whom we communicate while living, we can also communicate with when dead.

But an interdicted person denounced by name, if he dies without absolution and has given no sign of repentance, or there is no probable opinion that such a sign was given by him, must be buried outside a sacred place. But if it is established that he gave such a sign, he can, with indirect absolution from the interdict furnished, be handed over to ecclesiastical burial. C. Quod in te 11, de Poen. et rem.; C. Episcoporum 8, de Priv., in VI; Clementine Eos qui 1, de Sepult.; Schmalzgrueber, nn. 369-378; Laymann, chap. 2, n. 3; L. 335; Engel, nn. 95-97; Salmanticenses, tome 10, chap. 6, part 6; Pichler, n. 50.

What is to be said about interdict from entrance into the Church? Interdict from entrance into the Church is a certain special and partial interdict by which someone is prohibited from exercising sacred order in the Church, assisting at divine offices, and from ecclesiastical burial. Hence "it deprives only of participation in divine things in the Church..., so that one thus interdicted can neither celebrate in it, nor be buried, nor give or receive sacraments, nor exercise any sacred ministry, nor hear Mass or another divine office....

By Church is understood any temple deputed by the authority of the Bishop for sacred things to be done, whether it is blessed or not.... Therefore celebration or participation in divine things in such a Church is interdicted by this censure, not outside it.... Therefore outside the Church all other things which were otherwise lawful to such a person afterwards are lawful, such as to perform the sacred rite in an approved private oratory, to receive the sacrament of unction in his house, and any other sacraments outside the Church." Suarez, De Cens., disp. 35, sec. 4. Likewise "by force of this interdict ecclesiastical burial is prohibited, even in a cemetery not contiguous..., yet one is not deprived of entrance into a cemetery even contiguous to the Church, nor of the celebration of divine offices in it." Suarez, l.c. By force of this interdict entrance into the Church is not also prohibited for pouring forth only private prayers in it; indeed also more probably for receiving sacraments in it privately. Likewise it is not prohibited to hear a sermon in the Church. The reason is that these things are signified by no law. C. Sacro 48, de Sent. exc.; C. Is cui 20, ibid., in VI; Schmalzgrueber, nn. 379-388; Salmanticenses, n. 89; Engel, nn. 98-99; Bonacina, De Interd., disp. 5, part 6, nn. 11-12; Coninck, disp. 17, dub. 2.

How many kinds of interdict are there? One interdict is local, which immediately affects a place; another personal, which immediately affects persons; another mixed, which immediately affects place and person. But any one of these can be general or particular, according as it affects some whole region or community, or some determinate place, e.g., a given oratory, or some person in particular. A special personal interdict is a true censure; and local interdict and general personal interdict are not censures, but a certain privation, and therefore oblige all, even the innocent. For it can be imposed because of a very grave delict of the head or of the principal members, although the rest are free from fault. But it cannot be removed except by one having jurisdiction in the external forum. For a place and a community are not subject to the penitential forum. The same must be said for the same reason about suspension imposed on a community. When a city is interdicted, the suburbs, the cathedral church, and the exempt churches of regulars are also interdicted; and all are bound to observe it, even the Bishop who imposed it, with the one exception of the Pontiff. But it is lawful in this case to go elsewhere in order to assist at divine offices. Indeed religious, when an interdict is observed by the cathedral or mother, or parish, church, are bound to observe it, even if it is null from any head whatsoever. But if the interdict is general personal, these are excepted: 1. Bishops, who are also exempt from general suspension; 2. innocent persons, if they establish domicile elsewhere; 3. outsiders; 4. infants and the insane, incapable of malice, who nevertheless are still deprived of ecclesiastical burial. But all who gave cause to any local or personal general interdict remain interdicted by the law itself from the Decretals. But after the constitution Apostolicae Sedis this interdict, which is special personal, no longer has force. Moreover, when the people is interdicted, those who are not part of the people are not understood as interdicted, such as clerics, students, pilgrims. When the clergy is interdicted, lay persons are not interdicted, nor religious, indeed neither are other clerics who have no office or benefice there, for these do not constitute one body with the clergy. C. Praesenti 10, de Sent. exc., in VI; C. Si sententia 19, ibid.; C. Si civitas 17, ibid.; C. Alma mater 24, ibid.; C. Auctoritate 4, de Priv., in VI; C. Licet 11; Clementine Ex frequentibus 1, de Sent. exc.; Schmalzgrueber, nn. 324-333; L. 311, 322, 329-334, 338; Laymann, chaps. 1, 4; Engel, nn. 83-88; Suarez, disp. 33, sec. 1, n. 6; Bonacina, disp. 4, q. 1, part 1; disp. 2, q. 8, part 14; Pichler, n. 48; Coninck, dub. 1.

What is to be said about violation of interdict?

Both clerics and lay persons violating an interdict, whether personal or local, whether general or special, sin gravely when there is question of a grave matter. Moreover, those who command or compel the ecclesiastical burial of a man interdicted by name incur excommunication reserved to no one. Constitution Apostolicae Sedis, Excommunications reserved to no one, par. 1. If clerics specially interdicted exercise sacred order, or knowingly celebrate in a place placed under interdict, they incur irregularity. Moreover, clerics violating an interdict incur suspension and interdict in the cases designated in the constitution Apostolicae Sedis, par. 6 of Suspensions and par. 2 of Interdicts. The same clerics violating an interdict do not enjoy the privilege by force of which they can be buried in a sacred place in time of interdict. A cleric or religious, even a nun, violating a local interdict is rendered incapable of both active and passive election. This penalty is extended by most doctors also to violators of a personal interdict. C. Cum medicinalis 1, de Sent. exc., in VI; C. Is qui 18, sec. Is vero; C. Is cui 20, ibid.; Clementine Gravis 2, e.t.; C. Quod in te 91, de Poen. et rem.; Council of Trent, sess. 25, chap. 12, de Reg.; Schmalzgrueber, nn. 390-397; Laymann, chap. 3; Coninck, dub. 3, 3; L. 336.

The city of Adria with its suburb was subjected to a general, local, and personal interdict by Decree of the Sacred Consistorial Congregation, September 30, 1909, which explained it thus: "By such censure there is prohibited in the churches of Adria and of Tomba: 1. the celebration of Holy Mass with all the other sacred functions; 2. the ringing of bells; 3. the public administration of the Sacraments; and 4. solemn funerals. Only these are permitted: 1. the administration of Baptism to children, and of the other Sacraments with the Most Holy Viaticum to the sick; 2. the private celebration of marriages; 3. one single Mass per week for the renewal of the Most Holy Eucharist. "It is then warned that, if violators of the interdict sin gravely, priests would incur irregularity. "Then by order of His Holiness, on Sunday, October 10, in all the other parishes of the diocese, public prayers of penance are to be made to implore the divine mercies upon the guilty." A.A.S., vol. 5, p. 517.

What is cessation from divine things? Cessation from divine things is usually placed under interdict. It is not a censure, nor properly a penalty, but a mere prohibition and privation. For it is a prohibition made primarily to clerics, that they abstain from the sacrifice of Mass, the administration of the sacraments, and from divine offices to be celebrated in some sacred place. It is imposed because of a notorious and most grave delict perpetrated in the Church itself, if the guilty person has not wished to make satisfaction, as a sign of the Church's grief, for repairing the injury inflicted on the Church.

Since it is akin to a local interdict, the sacraments and several other things which are lawful in an interdict of this kind are also lawful in this cessation from divine things; yet those violating it incur no irregularity. But since ecclesiastical burial is prohibited by no law in the time of cessation from divine things, it is not to be asserted. Therefore not only clerics but also lay persons can be buried in a cemetery and church; yet without the solemnity of divine offices. It can be imposed by the same persons who can impose censures. The cause because of which it is imposed must be expressed in a public instrument through a notary, or in other patent letters furnished with an authentic seal, which must be handed over to him against whom the cessation is indicated.

Moreover, the delinquent must first be warned whether he wishes to furnish satisfaction and amendment, because it is not indicated except into contumacy. Since the matter is most grave, it obliges under grave obligation, and even exempt religious are bound to observe it. Clementine Ex frequentibus 1, de Sent. exc.; C. Dilectis 55, de Appell.; C. Irrefragabili 13, de Off. ord.; C. Si canonici 2, ibid., in VI; C. Quamvis 8, ibid.; C. Non est vobis 11, de Spons.; Schmalzgrueber, nn. 402-425; Pichler, n. 54; Engel, nn. 101, 102; Laymann, part 4, chap. 6; L. 340; Coninck, dub. 7.