Article — Marc, Institutiones Morales

ARTICLE III: On Interdicts *Latae Sententiae*

¶1.

There are FIVE interdicts latae sententiae: namely two reserved in the Constitution Apostolicae Sedis; another two expressed by the Tridentine Synod; the fifth from the Constitution Romanus Pontifex, against intruded Bishops, reserved in a special way to the Pope.

¶1376.
  1. I. "Universities, colleges, and Chapters, by whatever name they may be called, appealing from the ordinations or mandates of the same Roman Pontiff existing for the time to a future universal Council, incur by the law itself an interdict reserved to the Roman Pontiff in a special way."

Understand this interdict, which is PERSONAL GENERAL, according to what was said n. 1307, III, and 1308. See also n. 1318.

¶1377.
  1. "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 persons excommunicated by name to divine offices, or ecclesiastical sacraments, or ecclesiastical burial, incur by the law itself interdict from entrance of the church, until they have competently made satisfaction at the judgment of him whose sentence they have contemned."

The following are interdicted from ENTRANCE OF THE CHURCH: 1. clerics knowingly celebrating divine things, which namely it is lawful for only ministers of the Church to perform, and which in an interdicted place are prohibited under grave obligation, either in themselves, or as to the manner; 2. those causing celebration, that is, prelates or others furnished with authority, who cause celebration before themselves, or compel clerics to celebrate publicly and solemnly; 3. those admitting... namely clerics (Bishops being excepted by law), to whom, according to their authority, it belongs to prohibit or admit either to divine offices, or to sacraments, or to ecclesiastical burial. But whether a layman who has custody of a church or cemetery, and admits to burial, incurs this censure, is of uncertain law (Gabriel a Varceno, in h. cens.; Patavin., n. 538).

Let it be noted: 1. Places interdicted by Law (by general or particular interdict) are not considered such, unless a declaration of a judge accedes, that is, of the Roman Pontiff or Bishop, according to the rule established by Martin V in the Bull Ad evitanda. Hence, if the declaration or sentence was issued by the Bishop or in his name, absolution also depends on him; if in the name of the Roman Pontiff, the Pontiff himself or his delegate must absolve. 2. By those excommunicated by name understand those excommunicated even by Bishops or other Ordinaries. Those who admit notorious heretics, or persons interdicted by name, to divine offices, although they sin, nevertheless are not struck by this censure. As regards burial, recall what was said n. 1351.

B. From the COUNCIL OF TRENT:

¶1378.
  1. I. Bishops are interdicted from entrance of the church who do not denounce Bishops illegitimately absent (Sess. 6, c. 1, de Ref.).

The holy Synod has these words: "The Metropolitan is held to denounce absent suffragan Bishops, and the older resident suffragan Bishop an absent metropolitan, to the Roman Pontiff within three months by letters or messenger, under penalty of interdict of entrance of the church to be incurred by that very fact." Cf. n. 2251.

¶1379.
  1. II. The Chapter (respectively the capitular Vicar) is interdicted if, within a year of the vacant see, it grants dimissorial letters to a cleric not constrained by reason of a benefice received or to be received (Sess. 7, c. 10, de Ref.).

In a case of necessity, the S. Congregation is accustomed to hand down broader faculties for granting dimissorials, according as they are sought by the capitular Vicar (De Angelis, l. I, tit. 28, n. 21).

¶1380.
  1. C. From the Constitution Romanus Pontifex, interdict from entrance of the church is inflicted on INTRUDED Bishops, or authors of intrusion. - See n. 1327, 1361, and 1375.