§ I. On the Nature and Division of Excommunication

1673. Definition. - Excommunication is a censure by which someone is deprived of communion with the Church; or a censure by which a Christian is deprived, either wholly or in part, of the common spiritual goods of the Church, the distribution of which belongs to the Church herself (n. 1660. 6°).

It is distinguished: 1° Major, which deprives one of all common goods of the Church; 2° Minor, which deprives one only of some goods. - But by the name of excommunication there is almost always understood in law the Major, as St. Alphonsus notes from the common opinion;³ nevertheless before Gregory IX the Minor also sometimes came under it. - But the word anathema is used in the Sacred Canons sometimes for the distinction of minor excommunication, as in c. 12. Caus. 3. q. 4; sometimes to signify excommunication inflicted because of heresy, or suspicion of it; finally to signify certain solemnities, when, for example, excommunication is denounced with candles lighted and afterward extinguished, and with other ceremonies instituted by the Church.

Of those excommunicated by major excommunication, some are called tolerated, whom the faithful are not held to avoid; others are not tolerated or to be avoided, whom the faithful must avoid.

Formerly all who were bound by excommunication were to be avoided (i.e., communication with them was forbidden to the faithful in those acts which are prohibited to excommunicates by the censure), and indeed to be avoided publicly, if the censure was notoriously established; but otherwise privately by those who knew that someone was bound by censure.¹

But "for avoiding scandals and many dangers which can befall fearful consciences," the Constitution Ad vitanda of Martin V in the Council of Constance granted to the faithful of Christ communion, even in divine things, with those (the living, namely) who are bound by any ecclesiastical censure, unless either they have been excommunicated by name, or (according to the Theol. Patav. n. 299. 302, even after the Constitution Apostolicae Sedis) they are notorious strikers of clerics.²

Nevertheless it must be noted:

1° The aforesaid Decree does not grant communion to those who are subject to censure, as is gathered from the words of the Constitution itself, "to the faithful of Christ ... we mercifully grant," and interpreters, by common opinion, defend as truer. - Cf. n. 1243. q. 5°.

2° Although now by no ecclesiastical law is it forbidden to the faithful to associate with tolerated persons, even in sacred things, and to request them for such acts, nevertheless at times divine law, whether natural or positive, will obstruct such communication because of injury to prudence and charity, e.g., through scandal which is given; through spiritual harm which threatens the faithful person; through delay of the amendment of the excommunicated person, etc. - Cf. n. 1317. q. 2. R. 8°.

3° Authors commonly assert that it is lawful for tolerated excommunicates to communicate with the faithful, if they have been expressly or tacitly requested by these.³

1674. Questions. - Query 1° Whether, in order that an excommunicated person who is to be avoided must be avoided, it is necessary that he be publicly known as such?

Resp. Affirmatively, i.e., it is required (ordinarily, even if there is question of one who struck a cleric) that the fact of that excommunication be truly notorious, namely, that it be morally certain to you, e.g., through public fame or through two trustworthy witnesses, that he was excommunicated by name and publicly, or denounced as already bound by excommunication.¹ But he is excommunicated by name who is designated by express name or office, by words or signs so indubitable that he is altogether separated from others. But he is said to be publicly excommunicated who is denounced as such in a public place, e.g., in church, at the time of Mass or of sermon, by living voice, or through a notice in a public place according to the custom of the region. - I said: that it be morally certain to you. Yet in doubt whether someone is to be avoided, it will not be lawful for you to confess to him, lest perhaps you be absolved invalidly.²

Query 2° What must be held concerning MINOR excommunication?

Resp. Before the Constitution Apostolicae Sedis, illicit communication in divine things or in civil things with one to be avoided was punished by the very fact with at least minor excommunication. But under grave obligation it deprived one of the reception of Sacraments, likewise of passive election to benefices and dignities of the Church.³ - For the external forum the ordinary ecclesiastical judge absolved from it; for the internal forum, the confessor.

After the said Constitution this excommunication seems to have been removed.⁴ Some, however, deny this. Yet sometimes communication with one to be avoided is punished with major excommunication simply reserved to the Pontiff, or with other censures. - See n. 1731. 1736. 1747. 1751. - Besides this, the Bishop can, not indeed by statute, but by name, forbid to someone the passive use or reception of the Sacraments, or at least of Communion.