§ II. On the Effects of Excommunication

1675. - The effect of excommunication, whether in a tolerated person or in one to be avoided, generally is the privation of whatever right belongs to a baptized person as a member of the Church. - In species eight are numbered, namely: 1° privation of the Sacraments; 2° privation of divine Offices; 3° privation of the suffrages of the Church; 4° privation of ecclesiastical burial; 5° privation of ecclesiastical jurisdiction; 6° privation of benefices; 7° privation of forensic communication; 8° privation of civil society.

The goods of which excommunication deprives one are comprehended in these little verses:

Res sacrae, ritus, communio, crypta, potestas,
Praedia sacra, forum, civilia jura vetantur.

Sacred things, rites, communion, the tomb, power, sacred estates, the forum, civil rights are forbidden.

And these indeed are the immediate effects of excommunication; but the mediate effects are two: 1) Irregularity, which can be incurred because of violation of the censure (n. 1771). 2) Suspicion of heresy, which he incurs who for a whole year contumaciously (according to St. Alphonsus in any censure, but especially) persists in excommunication, or, as the laws speak, grows filthy in it. - But that suspicion effects this, that he who thus grows filthy is held to purge himself canonically (see p. LXI. note 2), because from growing filthy there exists a sufficient presumption that he thinks badly concerning the power of the Church and concerning the Sacraments. But if he does not purge himself, he is held as convicted.¹

1676. - Excommunication deprives one of the right both of receiving and of administering the Sacraments. Hence resolve:

1° Per se an excommunicated person sins gravely, whether one to be avoided, or even tolerated, who receives or confers the Sacraments.

Except: a) when there is question of the recipient, if, otherwise disposed, he is in invincible ignorance, or a grave evil (such as scandal, killing, mutilation, infamy, grave loss of goods, etc.) would otherwise threaten, provided that fear of evil of this kind has not been instilled in contempt of the censure. - I said: he sins gravely; for if you except the Sacrament of Penance (which, as one disobedient to the Church, he would receive without contrition), he receives the others validly.²

Except: b) when there is question of the one conferring: 1) If he confers the Sacraments in a case of necessity (e.g., if otherwise true and grave inconvenience for him would be feared), or with ignorance of the prohibition.¹ Yet in the former case account must also be taken of scandal. - Otherwise, even outside a case of necessity, he validly confers the Sacraments, if you except the Sacrament of Penance conferred by one to be avoided outside the case of common error or of danger of death.² - 2) If a tolerated person confers them, having been asked by the faithful themselves. Cf. n. 1673. 3°. - 3) If one to be avoided confers them in cases of extreme or gravest necessity of the faithful, which cases see n. 1243. q. 5°.

2° Ministers of the Church sin gravely who confer the Sacraments on excommunicates, whether on those to be avoided, or on those simply tolerated, at least per se, since they are unworthy. - Nevertheless he who confers the Sacraments on tolerated persons alone does not sin against a prohibition of the Church, but only against divine law. The reason is that the Church no longer prohibits communion, even in divine things, with tolerated persons. But they sin against divine law, because it is never lawful to give holy things to dogs.³

I said: at least PER SE; unless, namely, either the excommunicated person perhaps lawfully seeks the Sacraments, or the one administering is excused by circumstances (see n. 1231. q. 4°). - In doubt whether someone has or has not been absolved from censure, the Sacrament cannot be denied to one asking, especially if he affirms that he has been absolved; because in doubt no one is presumed a liar.⁴

Note. - For what reason the use of Sacramentals is permitted to an excommunicated person, see n. 1678. 3°.

1677. - Divine Offices are understood to be Mass, public Processions, Hours solemnly sung, solemn Benediction, consecration of Chrism, and other ceremonies of this kind, which are done by institution of Christ or of the Church, or which are proper to the Clerical Order, as the singing of the Epistle or Gospel with proper ornaments, ecclesiastical burial.

1678. Hence resolve. - 1° Any excommunicated person is prohibited under grave obligation from hearing Mass, and from all other divine Offices properly public, even on days of precept.¹

Concerning a Mass to be broken off when one to be avoided remains in church,² note the faculty which is granted to our Bishops, and is usually communicated to priests, namely, "of celebrating ... when heretics, schismatics, infidels and excommunicates are present, if it cannot otherwise be celebrated." See p. LXXI. n. 23.

2° Nevertheless an excommunicated person, even one to be avoided, can, at a time when divine things are not being celebrated, pray in the same place in which others pray, but apart and separated from the assembly of the faithful; he can also attend a sermon, the reading of Sacred Scripture and of Theology; because these do not come under the name of divine Offices, and the Church gladly permits these things to him, that he may be led to conversion. - But he is deprived of the faculty of preaching and of lecturing in Theology or in Canon Law, unless he is tolerated and requested by others.³

3° He can also use images, relics, blessed water, and other sacred things, that he may venerate them, and thus obtain the graces of which he has need. Nevertheless he does not gain Indulgences attached to sacred things, nor does he perceive from blessed water and other Sacramentals the fruit which comes from the blessing of the Church.⁴

4° An excommunicated person, bound to the canonical Hours, is not dispensed from them; but he must recite them privately, nor can he employ a companion, unless he is tolerated and requested. Nor can he say: Dominus vobiscum; but in its place he ought to say: Domine, exaudi orationem meam. Nevertheless by saying: Dominus vobiscum, he would sin only venially, and, according to some, whose opinion St. Alphonsus seems implicitly to admit, not even venially, when he recites alone.⁵

1679. - The suffrages of the Church are either common or private. Common suffrages are those which come to the faithful from good works done in the name of the Church by her Ministers; such are Masses, canonical Hours, and other prayers and works which are done by Ministers of the Church insofar as they are such, and are performed in the name of the Church herself. To these also must be reduced the satisfactions of Christ, of the Blessed Virgin, and of the Saints, which constitute the Treasury of the Church, and are applied by the Prelates of the Church through Indulgences.

Private suffrages are those which come from good works which the faithful perform in their own name. Such are fasts, prayers, and other good works, which are done by private faithful, or by Ministers of the Church as private persons.

1680. Hence resolve. - 1° Excommunicates who are to be avoided are deprived of all common suffrages of the Church. It is clear, because the Church by her own right prohibits that prayer be made for them, or that any part of her goods come to them. And this holds, even if they were contrite and converted to a better life, because the excommunication still endures.¹

2° Neither tolerated persons, nor even those to be avoided, are deprived of private suffrages. The reason is that the faithful are not prohibited from praying privately for excommunicates, even in the Church and in a public place; therefore they can apply the fruit of good works to them.²

3° Tolerated excommunicates probably are not deprived of common suffrages. The reason is that the Church no longer prohibits the faithful to communicate with tolerated persons, as is deduced from what was said above (n. 1673). - Concerning offering Mass for an excommunicated person or not, see n. 1317. q. 2°. R. 8°. 4°.³

1681. - Ecclesiastical burial is that which is done in a sacred place, or in a place blessed for the burial of the faithful. Hence:

1° An excommunicated person who is to be avoided cannot be buried in a sacred place; but if he has been buried in such a place, his corpse must be dug up, if it can still be done, and the sacred place polluted by such contact must be expiated.⁴

2° A tolerated excommunicated person, provided he is notoriously excommunicated,⁵ likewise is deprived of ecclesiastical burial; and, if he has been buried in a sacred place, he must be extracted from there. Yet the place is not judged polluted, and therefore does not need expiation. - If he gave signs of penitence, he can be buried in a sacred place, although it is fitting¹ that he first be absolved from excommunication.

3° Even one to be avoided, who gave signs of penitence before death, can be buried in a sacred place; but absolution must first be imparted to him. Nevertheless he must not be moved from a sacred place, if he was buried without absolution.²

4° To this bear, from the Constitution Apostolicae Sedis, excommunication 1 among the non-reserved (n. 1736), and interdict 2 (n. 1751).

1682. - 1° An excommunicated person who is to be avoided is deprived of all ecclesiastical jurisdiction. Hence he cannot absolve in the forum of Penance, nor make laws, or censures, or sentences, nor elect to benefices or confer them, etc. But if he were to do such things, they would be altogether null and void.³

2° A tolerated excommunicated person, even if notorious, validly exercises jurisdiction, because otherwise great confusion would arise in the Church. Yet his acts can be weakened and repelled through an exception or opposition of excommunication, and he acts illicitly outside a case of necessity, or unless he has been asked; and indeed in a grave matter he cannot be excused from mortal sin. But if he has been asked, he does not sin, even if he ministers the Sacraments without cause. For since communication with tolerated persons has been granted to the faithful, it has also indirectly been granted to these to communicate with the faithful who ask. Yet this holds insofar as the Sacraments are sought from an excommunicated person; for insofar as they are sought from a Minister existing in mortal sin, a just cause is required for seeking licitly.⁴ Cf. n. 1243. q. 5°.

1683. - 1° Any excommunicated person, whether tolerated or one to be avoided, becomes altogether incapable of obtaining benefices or ecclesiastical offices. The reason is that a benefice is given on account of an office: an excommunicated person is altogether incapable of an office; therefore also of a benefice. Except if the benefice were conferred by the Pope himself, aware of the excommunication, or absolving from it. - The same holds concerning dignities to which jurisdiction is annexed (except, however, the papal dignity), and concerning obtaining Apostolic Rescripts, unless these are obtained in the very cause of excommunication or of appeal for the defense of the excommunicated person.¹

2° Nevertheless excommunication does not deprive one of a benefice already obtained, nor, if the beneficiary has discharged his office by himself or through another, of its fruits before the sentence of the judge. The reason is that neither is clearly expressed in law.² Yet if for a year he neglects to obtain absolution, he can be deprived of the benefice by the judge. But a heretic is by the very fact deprived of benefices and offices previously rightly obtained, but in such a way that before a declaratory sentence of the crime he is not held to resign benefices, and to restore fruits perceived after privation established by the law itself.³

3° An excommunicated person accepting a benefice, and he from whom he accepted it, sin gravely, since they act against a grave prohibition of the Church.⁴

1684. - Forensic communication is understood to be communication in all those things which pertain to judgment, whether civil or ecclesiastical.

1° An excommunicated person who is to be avoided is deprived of every act pertaining to judgment in the civil forum. Therefore he cannot be judge, advocate, plaintiff, witness, notary, procurator, etc. Likewise he cannot be tutor, curator, or executor of a testament. - Thus from Roman law.⁵ - But those dispositions of law today do not obtain use in most places (even among us).

2° A fortiori one to be avoided is deprived of all communication in the ecclesiastical forum. Yet he can appeal and pursue the appeal. - Thus from Canon Law.⁶

3° A tolerated excommunicated person is deprived of no forensic communication by the very fact; hence he acts validly, if he uses it; but he can be juridically repelled through exception, both by adversaries and by the judge.¹

1685. - The civil actions in which commonly it is not lawful to have fellowship with one to be avoided are contained in these little verses:

Si pro delictis anathema quis afficiatur,
Os, orare, vale, communio, mensa negatur.

If someone is struck with anathema for crimes, mouth, praying, farewell, communion, table are denied.

1° Os, i.e., conversations, letters, signs of benevolence.

2° Orare, any communication even private² in divine things. See also in the Constitution Apostolicae Sedis, the 16th and 17th excommunications, which are simply reserved to the Pope, n. 1731. Likewise interdict 2, n. 1751.

3° Vale, altogether particular salutations.

4° Communio, any society of business, habitation, contract, cooperation, etc.

5° Mensa, reciprocal invitation to table.³

Furthermore: 1) It is a grave fault to communicate in divine things, or in contempt of the Church, or in criminal crime, in that namely because of which someone has been excommunicated, or even, more probably, in the other things, if the communication is frequent with the purpose of repeating it often.

2) It is venial, regularly speaking, in other cases.

3) But grave causes can excuse reciprocal communication between an excommunicated person who is to be avoided and the faithful, namely necessity, the spiritual good of the excommunicated person himself, matrimonial conjunction, the state of subjection (e.g., of a son of the family who is a minor), ignorance either of law or of fact.⁴ Those causes this little verse displays:

Utile, lex, humile, res ignorata, necesse.

The useful, law, the humble, an unknown thing, necessity.

But all these things are said concerning those to be avoided alone; and, although the privilege of Martin V by no means favors tolerated persons, nevertheless from the custom of today, or, as others prefer, because of good faith, these no longer sin in civil matters by communicating with the faithful, even if they have not been requested by them.