Section — Bucceroni, Institutions of Moral Theology

Penalties Against Transgressors of the Law

¶1.
  1. But whoever shall have dared to violate in any way or under any pretext the statutes in preceding articles 8, 9, 10, and 11, cf. here nn. 25, 30, if he is of the priestly order, will be liable to suspension from divine things reserved to the Holy See and to be incurred ipso facto; if he is a cleric not yet initiated to the priesthood, he will be subject to suspension from the orders received and moreover will become incapable of attaining higher orders; but if a layman, he will be bound by excommunication latae sententiae reserved to the Bishop. Paragraph 12.

  2. Therefore Cardinals and Bishops, since they are not expressly mentioned, do not incur the aforesaid suspension. But the aforesaid penalties are incurred by those who exercise the commerce condemned by the preceding articles 8, 9, 10, cf. n. 25, by means of Masses, and those who illegitimately retain part of the stipend, even so that provision may be made for the adornment and ornament of sanctuaries, according to articles 9 and 11. Cf. nn. 25-30. But ignorance excuses from incurring penalties of this kind, even crass and supine ignorance, and also probably affected ignorance; for from the Decree itself daring, presumption, and knowledge are required. Paragraphs 8, 12.

¶2.
  1. "He will become incapable." This incapacity renders ordination only illicit, and not also invalid; and if it is occult it can be dispensed by the Bishop, by force of chapter Liceat.

  2. But by the present Decree nothing has been taken away from article 12 of the second series of excommunications of the Constitution Apostolicae Sedis. It remains whole and unmoved. Therefore several who do not incur the excommunication reserved to the Supreme Pontiff by the Constitution Apostolicae Sedis, incur the excommunication and suspension imposed by the Decree.

...Ut debita, as is established from what has been said. For those incur it who knowingly hand over Masses, or even accept them, conducting some kind of commerce with the alms of Masses: namely by handing over or accepting Masses accepted from the faithful and from pious places, not specifically for their celebration, but for any other end; by commuting the accepted alms into other things, or diminishing them; by selling or buying things, or entering into subscriptions of periodicals, by means of Masses; finally by subtracting something from Masses handed over to a sanctuary, so that provision may be made for their adornment and ornament.

¶3.
  1. Then follows paragraph 14 of the present Decree, a certain prudential and provisional disposition, which now no longer has place.