Point IV

978. • Above we said (above, no. 970) that certain censures are implicitly comprehended in the Constitution Apostolicae Sedis, and that to this place pertain also these words of the same Constitution:

But whatever censures, whether of excommunication, suspension, or interdict, besides those which We have enumerated, have been imposed by Our Constitutions or those of Our Predecessors, or by the sacred Canons ¹, and have hitherto remained in force, whether for the election of the Roman Pontiff or for the internal governance ² of any Orders and Regular Institutes whatever, and likewise of any Colleges, Congregations, Associations, and Pious Places, of whatever name or kind they may be, all these We will and declare to be firm and to remain in their force.

¹ Therefore, censures imposed by the Superiors of Regulars or by provincial or general Chapters for the proper subjects of the Order do not pertain here.

² There is question, namely, of censures sanctioning obligations which pertain to the governance of Regulars as such, whether at length they regard the general state of Regulars or some particular Institute. Therefore, for example, there does not pertain here the excommunication imposed under Clement VIII against Regulars who presumed to absolve from cases which the Ordinaries of places had reserved to themselves; for this does not concern internal governance, and therefore has ceased. The Rieti Commentary judges that the same must be said of the excommunication imposed against Regulars who usurp the tithes of Churches (Clementine 1, On Tithes); or who persuade others to choose burial in their Churches by interposing a vow or oath, or not to alter one chosen (Clementine 3, final section, On Penalties).

It is certainly not the purpose of our Institute to investigate what censures have hitherto been imposed for the internal governance of all those Associations which we see enumerated here, and much less which of those censures have still remained in force. It will be useful to touch only upon a few things concerning the Association of Regulars, as being the most extensive of all.

979. • Therefore Regulars who rashly lay aside the habit of their religion are punished with a latae sententiae excommunication. From chapter Ut periculosa 2, title That Clerics or Monks, in the Sext ³.

³ There are some who infer from this text of law that apostates from Religion are excommunicated by that very fact. But Sanchez writes well concerning these (On the Decalogue, book 6, chapter 8, no. 45) that apostasy from Religion has altogether no bearing upon contracting this excommunication; for the text in that second chapter excommunicates only religious who rashly lay aside the habit of religion. But this laying aside can occur without apostasy, and conversely there can be apostasy without this laying aside. Wherefore a religious rashly laying aside the habit without apostasy with the intention of apostatizing incurs it; and conversely, however much he may be an apostate, if he does not lay aside the habit, he does not incur this censure.

Furthermore, since the Canon strikes one who rashly lays aside the habit of his religion, and does so in order that dangerous occasion for wandering about may be removed from Religious, it is manifest that this excommunication is not contracted by those who, for a reasonable cause, go about after laying aside or changing the habit of their religion.

Likewise, monks or Regular Canons, if, in order to inflict some harm upon their Prelates or Monasteries, they have presumed to have recourse to the courts of Princes. From Clementine 1, On the Status of Monks, section 5.

Likewise, monks keeping weapons within the enclosures of monasteries without the permission of the Abbots. From the same Clementine, loc. cit.

But Superiors of Regulars incur an excommunication reserved to the Supreme Pontiff if they do not denounce any Religious, even those not their subjects, whom they know to be infected with the stain of heresy or even to be suspected of it. Paul V, Constitution Romanus Pontifex, and Alexander VIII, Constitution Licet alias.

Likewise, if in cases pertaining to the Holy Office the same Superiors dare to intermeddle in any manner. From the aforesaid Constitutions.

Likewise, if the same Superiors in any manner turn aside, withdraw, or dissuade their subjects who wish to have recourse to the Holy Office. From the same Constitutions.

Religious subjects incur the same reserved excommunication if they do not denounce confreres or even Superiors of the same Order whom they know to be in any manner, even lightly, suspected concerning the faith. From the cited Constitutions.

All these same persons incur it if, under the pretext of fraternal correction or another pretext, they deter or delay persons seeking counsel from them from making a denunciation. From the cited Constitutions.