Article — Konings, Theologia Moralis
ARTICLE III: ON INTERDICTS *LATAE SENTENTIAE* INFLICTED THROUGH THE CONSTITUTION *APOSTOLICAE SEDIS* BY PIUS IX, AND RESERVED TO THE ROMAN PONTIFF "IN A SPECIAL MODE."
1750. - I. "Universities, Colleges, and Chapters, by whatever name they are called, appealing from the ordinances or mandates of the same Roman Pontiff for the time being to a future universal Council, incur ipso jure an interdict reserved to the Roman Pontiff in a special mode." From the Bull Coenae, § II.
Notes to nn. 1750-1751 - note sequence 1. (1) Avanz. (57). p. 95. (2) Suarez, de Cens., disp. 37. sect. 1. n. 6. (3) n. 161. (4) p. 972 sq. Notes to nn. 1750-1751 - note sequence 2. (1) Add the interdict at n. 1717. XIII. 3°.
Explanation.
"Universities," i.e., Communities, "Colleges, and Chapters, by whatever name they are called." Therefore moral persons; for physical or singular persons incur the censure of which we treated at n. 1709.
1751. - II. "Those knowingly celebrating, or causing divine things to be celebrated, in places interdicted by the Ordinary, or by a delegated Judge, or by law; or admitting those excommunicated by name to divine Offices, or to ecclesiastical Sacraments, or to ecclesiastical burial, incur ipso jure an interdict from entrance into the church, until they have competently satisfied according to the judgment of him whose sentence they have contemned." From c. 8. L. V. T. VII. in 6°.
Explanation.
1° "Divine things," namely those which it is lawful for the ministers of the Church alone to perform, and which in an interdicted place are forbidden under grave obligation either per se or as to mode.
2° "In places ... interdicted," whether generally or specially. For the law does not distinguish: nevertheless places interdicted by law are not judged such unless there is added a declaration of ecclesiastical authority.1
3° "Or by name," etc. See n. 1674. q. 1°.
4° "Admitting to divine Offices, or ecclesiastical Sacraments, or ecclesiastical burial." This article seems specially to pertain to those to whose care it belongs to prohibit or admit someone to acts of this kind.2 Therefore this interdict is incurred, e.g., by a priest who ministers a Sacrament to such an excommunicated person, etc. But we do not doubt that those also are comprehended on whom, by office, or privilege, or custom, it is incumbent to keep such persons away, and who omit this with grave fault. Hence, if a layman by office, privilege, or custom has custody of a church or cemetery, and admits one excommunicated by name to burial, he incurs this censure. The Commentators3 indeed judge that this penalty, as before, holds Clerics alone, all indeed, since the words "causing to be celebrated, ... admitting" indicate those who have power in sacred places. But Vareeno, to whom we assent,4 interprets otherwise. And the reason is that the law excludes laymen neither directly nor indirectly. Not directly, as is clear. But neither indirectly. For although it is conceded that the admission of which there is question in this sanction requires a certain power (for it is one thing to admit merely into some place, e.g., into enclosure, and another to admit to divine offices, etc.), nevertheless such power can sometimes be found even in laymen, e.g., that they cause divine things to be celebrated in the said manner in an interdicted place, or that they admit to burial, indeed even to divine offices.
5° "Until, according to the judgment of him whose sentence they have contemned." - If, however, the delegated judge pronounced the sentence not by authority proper and conferred on him, but only in the stead and name of the Superior, recourse must be had to the Superior: but in a local interdict laid down by law, to the Supreme Pontiff, if he has denounced this interdict (see 2°); otherwise to the Bishop.1
1752. Interdicts laid down ipso facto by the Council of Trent. - Besides the interdict of which above at n. 1749. 3°, in Sess. 6. c. 1. Ref., the Metropolitan who does not denounce to the Roman Pontiff Suffragan Bishops absent from their dioceses without just cause beyond a continuous year, and the older resident Suffragan who does not denounce to the Roman Pontiff the Metropolitan thus absent within three months, are interdicted from entrance into the church. See also Sess. 23. c. 1. Ref.