Chapter — Marc, Institutiones Morales

Chapter II: On the Various Species of Censure

¶1.

Concerning these it is treated in the Code in can. 2255-2285. Three species are had in can. 2255 § 1. - 1290 The definition of excommunication is had in can. 2237 § 1. The effects cannot be separated; therefore the distinction between greater and lesser excommunication is altogether taken away; 2º is confirmed by can. 2258 § 1. Today from § 2 of the same canon only those are to be avoided who are excommunicated by name by the Holy See; besides, the excommunication must be publicly denounced, and in the decree or sentence it must be expressly said that he must be avoided. - 1291 1º is confirmed by can. 985 n. 7; 2º can. 2340 § 1. - 1292 1º can. 2260 § 1. Note can. 2250 § 1; 2º can. 2261 §§ 1, 2, 3. The Note which pertains to 1º, can. 2260 § 1; 3º can. 2259 §§ 1 and 2, cf. also can. 2256 n. 1; 4º can. 2262 § 1, but it is extended to all excommunicates. As regards private suffrages, it is confirmed by the same canon § 2; 5º can. 2264. As regards assistance at marriage, can. 1095 § 1, 1º (it is extended to the interdicted); 6º can. 2265 § 1 nn. 1 and 2; in § 2 of the same canon the nullity of acts is restricted to the case in which there is had a declaratory sentence of excommunication. As regards rescripts, cf. there and can. 36 § 2. As regards privation of benefice, it is confirmed by can. 2340 § 1, 2315, 2314 § 1 n. 2 taken together. As regards fruits, can. 2266; 7º can. 2263, 2256 n. 2, 1654; 8º can. 2267; 9º can. 2260 § 2 and 2240 § 1 n. 2, where it is limited only to excommunicates after a condemnatory or declaratory sentence. As regards extracting corpses, the obligation from can. 1242 is limited to those alone who are to be avoided, and if indeed it can be done without grave inconvenience. An excommunicate, although he has not been condemned or declared, sometimes must be deprived of ecclesiastical burial from another head, can. 1241 § 1, e.g., from n. 6. - 1294 and 1295 are confirmed by can. 2267. Private prayer is licit from can. 2262 § 2 n. 1; 4º one communicating in a criminal crime is confirmed by can. 2338 § 2. - 1298. A doubt concerning one to be avoided, after can. 2258 § 2, can scarcely be had any longer.

¶2.
  1. The definition of suspension is had in can. 2278 § 1. The division is somewhat other: suspension is total or partial, and this is either from office or from benefice from can. 2278 § 2; partial suspension from office is again total or partial from can. 2279 § 1; from benefice it is had in can. 2280 § 1. - 1300 1º is confirmed by can. 2298 n. 2; 2º can. 2222 § 2 and by the last words of the same: "they do not have the nature of a penalty." - 1301 is confirmed by can. 2186-2194 and can. 2222 § 1. - 1302 can. 2278 § 2. - 1303 can. 2279 § 2. In this canon the species of partial suspension from office are clearly indicated with their effects; 4º is confirmed from can. 2280 §§ 1, 2; 5º from can. 2285. - 1304 I is confirmed by can. 986; II can. 985 n. 7. The question concerning violation of suspension as a vindictive penalty is solved through this canon, so that then an irregularity is also incurred; III is confirmed by can. 2284. - 1305 1º and 2º can. 2236 § 1, 2248 § 1 and 2289.
¶3.
  1. The definition of interdict is in can. 2268 § 1. As regards the division, 1º mixed is to be omitted, can. 2268 § 2. The rest is confirmed by can. 2269 § 1. Concerning interdict from entrance of the church, it is treated in can. 2277. - 1307 I is confirmed by can. 2273, but as regards the note, the cemetery is not interdicted when the church has been interdicted. Those who did not give the cause from can. 2276 can receive the sacraments. Concerning the faculty of the Bishop, confer can. 2269 § 1; II is confirmed in some measure by can. 2269 § 2; III Bishops are exempt from can. 2227 § 2; innocents from can. 2276; externs from can. 2269 § 2; infants from can. 2230 and the insane from can. 2201 § 1 and 2218 § 2, who are not even
¶4.

deprived of ecclesiastical burial from can. 1240 § 1 n. 2. - 1308 must be changed in some measure, although it is substantially confirmed. 1º The effect of a local interdict (whether general or partial) is the prohibition of any divine office or sacred rite in the interdicted place from can. 2269 § 1. What is understood by divine offices, see can. 2256 n. 1. The limits as regards the dying are in can. 2270 § 1; as regards clerics they are confirmed by can. 2271, 1º; as regards days, can. 2270 § 2; as regards sacraments, if the church is the only one or is parochial, can. 2271 n. 2. Ecclesiastical burial is prohibited only for those who are personally interdicted from can. 1240 § 1 n. 2, and only after sentence. For the rest in a local interdict only solemnities in funerals are prohibited from can. 2271 n. 2; b) if it is a particular local one; cf. besides can. 2272. - 1309. 1º a) is confirmed by can. 985, 7º; b) can. 2372; c) can. 2338 § 3; 2º is confirmed by can. 2338 § 3 and can. 2275. - 1310. 1º is confirmed by can. 2353 n. 1; as regards reserved ones confer can. 2237 § 1; 2º is confirmed by can. 2253 n. 2 and can. 2247 § 2; 3º can. 2253 n. 1.