Chapter — Marc, Institutiones Morales
Chapter I: On Censures in General
1251 The definition as regards substance is confirmed from can. 2241 § 1. - 1253 a) can. 2298 can be conferred; b) can. 983 can be conferred; c) cessation from divine things is not had except in can. 1173 § 2. - 1254 1º is confirmed by can. 2255 § 1; the paragraph is confirmed from can. 2291, 2298 and the last words of can. 2255 § 2; 2º is confirmed as regards the division itself in can. 2217 § 1 n. 3; but from the same canon b) by way of precept is to be understood only of a particular precept. The things which are added as regards cessation are confirmed by can. 2226 § 4 and can. 24; 3º a) is confirmed by can. 2217 § 1 n. 2; b) from the same canon let there be added: or by sentence of the Superior. The paragraphs are confirmed by can. 2217 § 2; 4º is confirmed by can. 2245. In the paragraph concerning those reserved to the Roman Pontiff, from the same canon § 3 let there be added those reserved in a most special way. It can be added from the same canon § 4 that a censure is not reserved unless it is expressly said in the law or precept, and that reservation does not urge in doubt either of law or of fact. - 1255 is confirmed by can. 2214 § 1. - 1256 is confirmed generally from can. 2220. But the power of the Vicar General must be denied from the same canon § 2. As regards the others, it is confirmed especially by 4º can. 274 n. 5; 5º can. 335 and 334 § 2; 7º can. 198 § 1, also the note; 10º can. 209, which also extends it to common error without title and to probable doubt either of law or of fact. - 1257 is confirmed by can. 118. As regards married clerics, it is confirmed by can. 188 n. 5. Note a) must be changed in some measure from can. 207 § 1 joined with can. 61, by which it is said that the power of a delegate perishes only in the two cases expressed there; b) is confirmed by can. 199 §§ 2, 3 and 4. - 1258 is confirmed by can. 2264. Corollaries. 1º can. 201 §§ 2, 3. Except c) can. 1637; 2º from the same can. 201 § 2 and 3. - 1259 can. 201 § 1, joined with can. 2226 § 1. - 1260 b) can. 2227 § 2; c) can. 2227 § 1 and can. 1557 § 1; d) can. 619. - 1261 1º from can. 2230 the impubescent are altogether excused from penalties l. s., and therefore the annexed question also is solved. Who are impubescent, see can. 88 § 3; 2º is confirmed by can. 2242 § 1; a) is to be understood according to can. 2255 § 2; b) is confirmed by the same canon. - 1262 this doctrine is to be understood according to can. 201 § 2, if the superior proceeds judicially; but otherwise if he uses voluntary jurisdiction, from the same canon § 3; cf. however can. 2221 where there is added "within the limits of his jurisdiction." As regards precepts, cf. can. 24 and can. 2226 § 1. As regards substance the doctrine of the author seems to be confirmed; cf. also can. 1566 § 2. IV is confirmed from can. 1566 § 1. The response to the question, can. 2244. The cases are referred under § 2 of the same canon. But the 3rd case of the author is not had. The example brought forward there no longer has force from can. 2394. But there are other examples, e.g., he who shall have laid violent hands upon the person of the Roman Pontiff, from can. 2343 § 1. - 1263 is confirmed by can. 2241 § 1, joined with can. 2228. For the word "sin" let another word be substituted, "delict." 1º Delict among censures is confirmed by can. 2255 § 2. The last words "Probable" etc. are confirmed by can. 2285 § 3 and from can. 2274 § 3; 2º the note is confirmed by can. 2219 § 2 and can. 2241 § 2; 4º the note must be changed in some measure from can. 2231 joined with can. 2209 §§ 1-3, by which principal cooperators as regards penalties are equated with the delinquents themselves, unless something else is expressly established in the law; 5º is confirmed
by can. 2242 §§ 2-3. - 1264 a) is confirmed implicitly by can. 2242 § 2; b) is confirmed by can. 2209 § 5 with can. 2218 § 2. - 1265 cf. can. 2233 § 2, 2242 § 3 and 2222 § 1. - 1266 is confirmed by can. 2222; 1º from the first part of can. 2222 § 1; 2º now also for validity, because the law says: "it cannot be inflicted"; 3º to the last words: in censures by law ferendae sententiae, warnings are now also required from can. 2242 § 2; cf. also can. 2217 § 1, 3º. - 1267 is confirmed by can. 2233 § 2 and can. 2242 § 2; cf. also can. 1845, can. 1949 and can. 1714, from which it is clear that citation in the new law, with one case excepted, is always peremptory. Then see canons 2307, 2308 and 2310. - 1268 1º is confirmed by can. 2225 joined with can. 1874; 2º is confirmed by can. 1877; cf. also can. 1956, 1958 and 1876. "But if the censured one," cf. can. 2223 § 4 and can. 2232; 3º is confirmed by can. 2248 § 2. - 1269 can. 2229 §§ 1, 2, 3 n. 1 and § 4 and can. 2202. Affected ignorance never excuses from the same can. 2229 § 1, and therefore the question about it is solved. - 1270 is confirmed by can. 2229 § 3 n. 3 and can. 2205 §§ 2 and 3. - 1272 if jurisdiction has been suspended, the nullity of the censure is confirmed by can. 2243 § 1 and especially § 2 and 2219 § 2; cf. also can. 1889. - 1273 2º and 3º cf. can. 2219 §§ 1 and 2, where the doctrine of the author is confirmed. - 1274 is confirmed by can. 2236 § 1 and can. 2248 § 1; 3º can. 2252, 2254 §§ 1 and 3, and 2248 § 3. - 1275 can. 2248 § 1. - 1276 can. 2239, 2251 and 2250 §§ 1-2. - 1277 can. 2251; 5º can. 2239 § 2; 7º can. 2249. - 1278 can. 2253, 2º, can. 2245 § 2, can. 2217 § 1 n. 3, can. 2236 § 1; also the note is confirmed by the same canons. - 1279 is confirmed by can. 2245 § 4, can. 2253 n. 1. - 1280 The whole doctrine contained in this number is clearly declared by can. 2253 n. 3, which reads thus: "From a censure reserved by law, he who established the censure or to whom it is reserved can absolve, and their successors or competent Superiors or delegates. Wherefore from a censure reserved to the Bishop or Ordinary, any Ordinary can absolve his subjects, and the local Ordinary also pilgrims; from one reserved to the Apostolic See, this See or others who have obtained from it the power of absolving, whether general, if the censure is simply reserved, or special, if reserved in a special way, or finally most special, if reserved in a most special way, with the prescription of can. 2254 being saved." As regards the second rule, cf. also can. 2237 § 2. Therefore the faculty in occult cases belongs to all Ordinaries, not only Bishops. Indeed, from § 1 of the same canon an Ordinary can also remit a penalty in public cases, with some excepted, and as regards censures, with those excepted which are reserved to the Apostolic See in a special or most special way. Who are Ordinaries is said in can. 198; cf. also can. 488 n. 8. As regards the third rule, in the last line of the decree of 5 Aug. 1913 it is had in can. 519. - 1281 it is confirmed as regards all cases, even public ones, by can. 2253 n. 3, when the censure is established by law, but not when it is ab homine, from the same canon n. 2. - 1282 is confirmed by can. 2252 and can. 882. - 1283 can. 2252, but only for censures reserved to the Supreme Pontiff in a most special way. - 1284 is confirmed by can. 2254 §§ 1, 2, 3. If it can be done without grave inconvenience, he must have recourse by letter and through the confessor, the name being withheld. - 1285 Even apart from the article of death from can. 2254 § 1, under the conditions set forth under 1284; but the footnote is to be deleted from the same canon. If recourse is morally impossible, the confessor can absolve, with those things being observed which must be observed by law, and excepting the censure imposed because of solicitation to shameful things in confession. - 1286 is confirmed by can. 2238. But as regards the question about private error, in can. 2247 § 3 it is said that absolution has force, provided it is not a censure ab homine or a censure reserved to the Apostolic See in a most special way, if the error proceeds from ignorance of the reservation in the confessor; and if the error is common, the absolution given has force even without a colored title,