Chapter — Marc, Institutiones Morales
CHAPTER III: On Censures in Force Today from the Constitution of Pius IX, "Apostolicae Sedis," 12 Oct. 1869
St. Alphonsus, VII, n. 281; ed. G., vol. 4, p. 419, with the necessary changes having been made; Aertnys, VII, n. 75; D'Annibale (Reatinus) on the Constitution Apost. Sed. (ed. 4); Summula (ed. 5); Patavinus (Bertapelle), ed. 2; Piatus, Avanzini, Pennacchi, Del Vecchio, Bucceroni, on this Constitution; Lehmkuhl, II, n. 1179; Noldin, I, de Poenis, etc., etc.
- Preliminary notes. 1. Scope of the Constitution. The scope of this Constitution was, as the Supreme Pontiff himself declares, to diminish the number of censures, for avoiding many inconveniences, and to make a full and clear review of those which henceforth are to be observed and retained.
Whence it follows that the same Constitution is as it were the penal code of the Church, in which are contained, directly or indirectly expressed, all latae sententiae censures in force today; with the addition, however, of those which afterward, for example in the Constitution Romanus Pontifex, were inflicted.
- The Constitution does not change all things. Nothing was changed: a) as regards censures ferendae sententiae, nor as regards censures issued by prelates or Chapters against their own subjects; b) as regards other canonical penalties, for example irregularities, incapacities, etc.; c) as regards cases reserved without censure; d) as regards privileges which do not regard censures; e) as regards ecclesiastical laws from which censures have been taken away. Therefore, in all these things, one must stand by the ancient Law.
Nevertheless, if the ancient Law punished certain delicts, which are now coerced by excommunication, with other penalties, these penalties seem now abrogated; because it would be too hard and alien to Law, because of the same crime, to be subject to several laws and to be affected by several penalties (D'Annibale, I, n. 389).
- The Constitution has its own force. The Supreme Pontiff declares that all the censures which he decrees "ought to receive their force altogether not only from the authority of the ancient canons, insofar as they agree with this our Constitution, but also from this Constitution of ours itself, no otherwise than if they had first been issued by it."
From which clause it follows: a) that the censures reviewed here are to be understood first indeed according to the sense which is clearly inferred from the words of the Pontiff, but then according to the tradition of the ancient canons and the received interpretation; b) that desuetude of the ancient canons, even immemorial, can no longer be invoked as regards censures clearly and expressly renewed or confirmed: as is clear from several Decrees of the Holy Office (cf. below n. 1353).1
- What LATAE SENTENTIAE censures therefore remain in force today?
Resp. 1. Censures which are either contained in the Constitution Apostolicae Sedis, or have been issued afterward, as we shall see in its own place.
Censures which were directly inflicted by the COUNCIL OF TRENT and confirmed by Pius IX. We say directly inflicted: for from the scope of the Constitution, and from the common opinion, the other censures which Trent only indirectly inflicted or renewed, or imposed in general words, do not seem confirmed; because penalties only remembered by Trent, or even renewed, can in no way be called Tridentine penalties (Patavin., 100).
Censures issued "for the election of the Roman Pontiff, insofar as hitherto they have persisted in their force." Moreover, those things persist in force which the Roman Pontiffs sanctioned, for example against those violating the law of secrecy, or against all, even Cardinals, who, while the Roman Pontiff is living, or while the See is vacant, shall have made agreements concerning the election of a successor; nevertheless discussions which, when the See is vacant, are had for the election are not forbidden. Thus especially from the new Constitution of Pius X, Vacante Sede Apostolica, 25 Dec. 1904 (Acta Pii X, vol. 3, Appendix), by which the earlier Constitutions either are abrogated, or confirmed, or completed.
All censures which have been issued "for the internal governance" of any Orders and regular Institutes whatever, as well as of any colleges, congregations, assemblies, and pious places whatever, of whatever name or kind they may be... insofar as by desuetude, or by another cause, they have not ceased in some place or Institute. It is said for internal governance: to this is referred excommunication against those regulars who rashly lay aside the habit of Religion (c. Ut periculosa, ne clerici vel monachi, in 6); or who keep arms within the enclosures of a monastery without permission of Superiors (Clem. 1, de Statu monachorum); or who do not denounce their confreres or Superiors suspected in any way whatever of heresy (Paul V, Const. Romanus Pontifex); or who, in order to cause damage to their prelates or monasteries, presume to go to the courts of princes (ib.); and other censures similar to these.
1 A review of censures formerly in force, see in Edm. Voit, Theol. mor., t. 2, at the end, Alphabetical Index; a fuller interpretation, see in Suarez, Bonacina, the Salmanticenses, etc.