Chapter III: On the Censures in Force Today

1311 sqq. Hitherto there were in force the censures latae sententiae which were had in the Constitution of Pius IX Apost. Sedis, with some added from the Council of Trent, from the Const. Officiorum et munerum, from the Const. Vacante Sede Apostolica, and special censures for those violating the oath of secrecy of the Holy Office and of the S. Consistorial Congregation. Concerning these last, mention is not made in the Code, and they remain. All the rest are in force according to the new Code; and therefore if they are not had there, from can. 6 n. 5 they are abolished; if they are had there, they must be explained and applied only from the words of the Code. Some censures have also been added which were not present in the old discipline. In the Code all penalties are referred according to the order of delicts against different rights or obligations. But we, who treat here only of censures and indeed of censures latae sententiae, shall refer them only according to the old order of reservation. Therefore we shall treat 1º of excommunications l. s., and indeed of those reserved to the S. P. in a most special way, in a special way, and simply, then of the same reserved to Ordinaries, and finally of those reserved to no one; 2º of suspensions l. s. reserved to the Apostolic See, reserved to Ordinaries, and reserved to no one; 3º of interdicts l. s.

There are four principal ones, to which are numbered some special ones, as below under 5º:

1º He who shall have thrown away the consecrated species, or taken them away or retained them for an evil end,

from can. 2320. The delict concerning which there is question is clear of itself and does not need further explanation.

2º He who shall have laid violent hands upon the person of the Roman Pontiff,

from can. 2343 § 1 n. 1. Cf. the explanation in the author nn. 1319 and 1329.

3º One absolving or pretending to absolve an accomplice in a shameful sin,

from can. 2367 §§ 1 and 2.

For explanation see nn. 1324, and in vol. II n. 1780, all of which are confirmed by this canon.

4º A confessor who shall have presumed directly to violate the sacramental seal,

from can. 2369 § 1. It is said: "confessor"; therefore there is no question of others who, in whatever way, know something which it is not licit for them to manifest, lest they violate the seal of the sacrament. It is said: "who has violated directly." What the direct violation of the seal is, see in the author n. 1859 b) and 1864.

5º To these four there can be joined those excommunications which are reserved in a most special way to the future Pontiff from the Const. Vacante Sede Apostolica, all of which are renewed in can. 2330. The constitution itself, together with the other Commissura Nobis on the Veto (see in the author I p. 829 in the note), is found in the Appendix of the Code.

Twelve are numbered:

1º All apostates from the Christian faith and all and each heretics and schismatics,

from can. 2314. This censure from § 2 of the same canon is reserved in a special way to the Apostolic See, if absolution is to be given in the forum of conscience.

For explanation the author n. 1314 can be approached. Note, in the censure now in force, receivers, favorers, etc., concerning whom in can. 2316, are no longer comprehended. But he who is suspected of heresy and within six full months from the contracted penalty has not amended himself, is also liable to the aforesaid excommunication from can. 2315, but, as it seems, only after a sentence at least declaratory. Then note that the present censure is incurred by schismatics, concerning whom formerly in another article; cf. the author n. 1317. It is said that the censure is reserved for absolution in the forum of conscience; because from the same canon § 2, if the delict concerning which there is question has been brought to the external forum, the local Ordinary, the Vicar General being excluded however of himself, can absolve the delinquent, with those things being observed which must be observed, in the external forum, and by this absolution the reservation is also taken away in the internal forum. Those suspected of heresy are enumerated in canons 2316, 2319 §§ 1 and 2, 2320, 2332 and 2340 § 1.

2º When the work has been made public, publishers of books of apostates, heretics and schismatics, which defend apostasy, heresy, schism, and likewise those defending the same books or other books prohibited by name through apostolic letters, or knowingly reading or retaining them without due license,

from can. 2318 § 1. As regards the explanation, see the author n. 1315. But observe, in this censure printers are no longer included, and in their place come publishers of books, and therefore the censure is contracted only after their delict has been consummated, i.e., after the work has been made public. Schismatic books are also added. As regards books of apostates, heretics and schismatics, the censure extends to books which defend apostasy, heresy or schism; formerly it was only said: "which defend heresy."

3º If someone not promoted to the sacerdotal order shall have simulated the celebration of Mass or heard sacramental confession,

from can. 2322. This censure is new. It is easily understood.

4º All and each, of whatever status, grade, or condition they may be, even royal, episcopal, or cardinalitial, appealing from the laws, decrees, mandates of the Roman Pontiff for the time being to a Universal Council,

from can. 2332. For explanation, see in the author n. 1318. The new redaction of this censure is more specified as regards persons and as regards acts of the Roman Pontiff; but cooperators are not excluded from the excommunication, although they are not named, because by the law itself, from can. 2231 and 2209 §§ 1-3, they incur the penalty.

5º Those having recourse to the lay power for impeding letters or any acts whatever proceeding from the Apostolic See or from its Legates, or directly or indirectly prohibiting their promulgation or execution, or by reason of them injuring or terrifying either those to whom the letters or acts pertain or others,

from can. 2333. This censure was already had in the Const. of Pius IX under n. VIII; see in the author n. 1322.

6º Those who issue laws, mandates, or decrees against the liberty or rights of the Church,

from can. 2334, 1º. This censure also was had in the Const. of Pius IX under n. VII, 2nd part. Cf. the author n. 1321.

7º Those who directly or indirectly impede the exercise of ecclesiastical jurisdiction, whether of the internal or external forum, having recourse for this to any lay power,

from can. 2334 n. 2. This censure is the same as before, because cooperators, according to the things said above under 4º, are comprehended by the law itself. For explanation, see in the author n. 1320.

8º If someone against the prescription of can. 120 shall have dared to draw to a lay judge, even by simple citation, someone from the Cardinals of the Holy Roman Church or Legates of the Apostolic See or higher Officials of the Roman Curia on account of affairs pertaining to their office, or his own Ordinary,

from can. 2341. By this canon the censure which was had in the Const. of Pius IX under n. VII is restricted and more determined; cf. in the author n. 1321. The higher Officials of the Roman Curia are the Assessors and Secretaries of the Sacred Roman Congregations, the Regent of the S. Penitentiary, and those who govern the Tribunals or Offices of the Holy See. The censure is restricted for these to the case in which they are cited on account of affairs which pertain to their office.

9º He who shall have laid violent hands upon the person of a Cardinal of the Holy Roman Church or of a Legate of the Roman Pontiff,

from can. 2343 § 2 n. 1 and

upon the person of a Patriarch, Archbishop, Bishop, even only titular,

from the same canon § 3. This censure is now enunciated in a simpler manner than before. Nor here are cooperators expressly named, but they are comprehended by the law itself, as was said under 4º. For explanation, see the author n. 1319.

10º Those usurping or detaining, through themselves or through others, goods or rights pertaining to the Roman Church,

from can. 2345. This censure also expresses more concisely that which was had in the Const. of Pius IX under n. XII. The explanation is in the author n. 1326. The censure itself is limited

to "usurpers," which word comprehends all those who violate goods or rights and retain them for themselves as things or rights owed to themselves, and to "detainers." Nevertheless cooperators are included according to the norm of those things which were said under 4º; cf. also in the author n. 1325, 2º, a).

11º All fabricators or falsifiers of letters, decrees, or rescripts of the Apostolic See, or those knowingly using the same letters, decrees, or rescripts,

from can. 2360 § 1. This censure formerly was had under two heads, which now are united, namely under n. IX § 2 and under n. III § 3 of the Bull of Pope Pius IX; cf. in the author under n. 1323 and 1350. Because all cooperators also incur it, the new censure does not differ from the old.

12º If someone through himself or through others shall have falsely denounced a confessor before Superiors for the crime of solicitation. From this censure the delinquent can be absolved in no case unless he has formally retracted the false denunciation and has repaired, according to his powers, the damages, if any have followed from it, with a grave and long penance moreover having been imposed,

from can. 2363. Formerly this delict, without censure, as a sin reserved in a most special way, was reserved to the Supreme Pontiff, and this reservation even now remains from can. 894; cf. in the author, vol. II n. 1772. But now moreover a censure has been added from this canon. See ibid. the note to num. 1770, where it is said what among other things follows for practice from this addition. The reservation of the sin regards the internal forum; the reservation of absolution of the delict because of the censure regards rather the external forum and the internal forum only by accident.

Eleven are numbered:

1º Those making gain from indulgences,

from can. 2327. It was formerly had in the Const. of Pope Pius IX under n. XI § 2. Cf. in the author n. 1338.

2º Those giving their name to the masonic sect or to other associations of the same kind which plot against the Church or legitimate civil powers,

from can. 2335. Although the obligation remains of denouncing the hidden leaders of those sects, those who do not satisfy this obligation are no longer, as formerly, punished by this censure, which was had in the Const. of Pope Pius IX under n. IV § 2. Cf. in the author n. 1331. Concerning the obligation of denouncing, see canon 1935 § 2.

3º Those presuming to absolve, without due faculty, from an excommunication latae sententiae reserved to the Apostolic See in a most special or special way,

from can. 2338 § 1. It was formerly had in § 1 of the Const. of Pius IX after number XII; cf. in the author n. 1345.

4º Those expending any aid or favor whatever upon an excommunicate to be avoided in the delict because of which he was excommunicated; and likewise clerics

knowingly and spontaneously communicating with the same in divine things and receiving him in divine offices,

from can. 2338 § 2. This censure formerly was had in the Const. of Pius IX under nn. XVI and XVII § 2. Cf. in the author nn. 1343 and 1344. For further explanation, see can. 2258 § 2 where it is said who are to be avoided, can. 2259 § 2 where it is said when he is to be expelled, and can. 2260 and 2262 where discourse is made concerning communication in divine things with him on the part of clerics.

5º If someone against the prescription of can. 120 shall have dared to draw to a lay judge ... another Bishop, even merely titular, or an Abbot or Prelate nullius, or one from the major superiors of religions of pontifical law,

from can. 2341. Who are major superiors of religions is said in can. 488 n. 8º; what are religions of pontifical law in the same canon n. 3º; who are abbots or Prelates nullius, can. 319 § 1. The rest is clear. Formerly the same censure was for all cases; cf. in the author n. 1321 and above under II n. 8º.

6º Those violating the cloister of nuns, of whatever kind or condition or sex they may be, by entering their monasteries without legitimate license, and likewise those introducing or admitting them,

from can. 2342 n. 1,

and nuns illegitimately going out from cloister against the prescription of can. 601,

from the same canon n. 3. Formerly this censure was in force from the Const. of Pius IX n. VI. See in the author n. 1333. "Of whatever age" is omitted, because from can. 2230 the impubescent are excused from penalties l. s.

7º Women violating the cloister of regular men, and Superiors and others, whoever they may be, introducing or admitting them, of whatever age,

from can. 2342 n. 2. Formerly from n. VII of the Const. of Pius IX; cf. in the author n. 1334. Regular men are those who have pronounced vows in an Order, i.e., in a religion in which solemn vows are pronounced, from can. 488 nn. 7 and 2. How far the cloister extends, see can. 597 § 2.

8º Those perpetrating a duel or simply provoking to it or accepting it, or providing any work or favor whatever, and also deliberately watching it and permitting it or not prohibiting it as much as is in them, of whatever dignity they may be,

from can. 2351 § 1. Formerly it was had to the letter in n. III of the Const. of Pope Pius IX with the determination of dignity (royal or imperial); cf. in the author n. 1330.

9º Clerics constituted in sacred orders or regulars or nuns after a solemn vow of chastity, and likewise all presuming to contract marriage, even only civilly, with any of the aforesaid persons,

from can. 2388 § 1. This censure formerly was reserved to the Ordinary from the Const. Ap. Sedis § 3, I. Cf. the author n. 1348. It has been expressly extended to marriage which they call civil.

10º Those who perpetrate the delict of simony in any ecclesiastical offices, benefices, or dignities,

from can. 2392 n. 1. Formerly under n. VIII and IX; cf. in the author n. 1335 and 1336. When the delict of simony is had is deduced from can. 727 and 728.

11º The Chapter Vicar and all others, whether from the Chapter or outsiders, who by themselves or through another shall have removed, destroyed, hidden, or substantially changed any document pertaining to the episcopal Curia,

from can. 2405. This censure is new. It does not need explanation.

Nine are numbered:

1º Catholics who enter marriage before a non-Catholic minister against the prescription of can. 1063,

from can. 2319 § 1 n. 1. Formerly these and the three following incurred an excommunication reserved to the Supreme Pontiff in a special way, because they were favorers of heresy; cf. in the author n. 1314, 3º.

2º Catholics who are joined in marriage with an explicit or implicit pact that all or some offspring be educated outside the Catholic Church,

from can. 2319 § 1 n. 2. By this canon all those are punished who, e.g., contract under the condition that males be educated in a heterodox religion and females in the Catholic religion. It is also incurred when this condition is prescribed by civil laws, and then the promise is not expressly made to educate all offspring Catholicly.

3º Catholics who knowingly presume to offer their children to be baptized by non-Catholic ministers,

from can. 2319 § 1 n. 3. Observe that there is added: knowingly and presume, and see can. 2229 § 2 by which these are explained.

4º Catholics, parents or those holding the place of parents, who knowingly hand over children to be educated or instructed in a non-Catholic religion,

from can. 2319 § 1 n. 4. Observe again that there is added: knowingly. That this censure may be incurred, the education or instruction must be such that it has as its scope the embracing of a non-Catholic religion. Therefore they do not of themselves incur the censure who send children to a non-Catholic school, or make them be educated in profane matters by non-Catholic instructors.

5º He who makes false relics, or knowingly sells, distributes, or exposes them to the public veneration of the faithful,

from can. 2326. This censure is new. Note that knowingly pertains both to selling and to distribution and to public exposition. The rest is clear.

6º He who shall have laid violent hands upon the person of other clerics or of religious of either sex,

from can. 2343 § 4; cf. the things said above and in the author n. 1392. Formerly this censure was simply reserved to the Roman Pontiff.

7º Those procuring abortion, the mother not excepted, the effect having followed,

from can. 2350 § 1. Therefore the sentence which formerly said that the woman herself did not incur the censure is no longer probable; cf. in the author n. 1349. Nor are those exempted, as it seems, who cooperate proximately, from can. 2231 and can. 2209 §§ 1-3.

8º A religious apostate from religion,

from can. 2385. This excommunication is reserved to the major Superior of the religious himself, or, if the religion is lay or non-exempt, to the Ordinary of the place in which he is staying. Formerly it was had from privileges; henceforth it is in force from the law itself, but only as regards apostates, not as regards fugitives. Cf. in the author, vol. II n. 2172.

9º Professed of perpetual simple vows both in Orders and in religious Congregations, and likewise all presuming to contract marriage, even only civilly, with any of the aforesaid persons.

from can. 2388 § 2; cf. the things said above III, 9º and in the author n. 1348. The censure which formerly was in force only for professed of solemn vows is now also incurred by professed of perpetual simple vows.

1º Authors and publishers who, without due license, cause the books of Sacred Scriptures or annotations or commentaries on them to be printed,

from can. 2318 § 2. This censure was in force from Trent, restricted by the Holy Office; cf. in the author n. 1355. Formerly printers also were excommunicated; but now only authors and publishers.

2º Those who shall have dared to mandate or compel that infidels, apostates from the faith, or heretics, schismatics, or others, whether excommunicated or interdicted, be given ecclesiastical burial against the prescription of can. 1240 § 1,

from can. 2339. This censure was formerly had in the Const. Ap. Sedis § 4, I. Now infidels, apostates, and schismatics are added; cf. in the author n. 1351.

3º Those who shall have presumed to alienate ecclesiastical goods or to give consent in alienating them against the prescriptions of can. 534 § 1 and can. 1532, if the apostolic good-pleasure prescribed in the mentioned canons has knowingly been omitted, all who are guilty in any way, whether by giving or by receiving or by giving consent,

from can. 2347 n. 3. This censure was formerly had in the Const. of Pope Pius IX § 4, n. III, cf. in the author n. 1353. It is now required that the Apostolic good-pleasure has knowingly been omitted.

4º All, shining even with any dignity whatever, who in any way compel either a man to embrace the clerical state, or a man or woman to enter religion or to emit religious profession, whether solemn or simple, whether perpetual or temporary,

from can. 2352. This censure formerly was in force from the Council of Trent; cf. in the author n. 1359, 1º. But it has been more extended, namely to those who compel to the clerical state,

and, as regards religion, also to those who compel men; and as regards the persons who can incur it, no one, except the Roman Pontiff, is excepted.

5º A faithful person who shall knowingly have omitted to denounce within a month him by whom he was solicited, against the prescription of can. 904,

from can. 2368 § 2. And from the same canon such a one is not to be absolved unless after he has satisfied the obligation or has seriously promised that he will satisfy it. It was formerly had in the Const. Ap. Sedis § 4 n. IV; cf. in the author n. 1354.

1º A Bishop consecrating someone as Bishop, the Bishops or, in place of Bishops, the assisting priests, and he who receives consecration without an apostolic mandate against the prescription of can. 953,

from can. 2370. This censure is new, inasmuch as it was no longer in force either from the Piana Constitution or from the Council of Trent. But Alexander VII in the Apostolic Letter Alias of the day 27 Feb. 1660 supposed it to exist. Now indeed it has been restored. There are four who in such a case incur the censure.

2º Those who presume to receive orders from one excommunicated or suspended or interdicted after a declaratory or condemnatory sentence, or from a notorious apostate, heretic, schismatic; but he who in good faith has been ordained by any of these lacks the exercise of the order thus received until he is dispensed,

from can. 2372. In antiquity it was had in the Const. Ap. Sedis under n. IV; cf. in the author n. 1366.

3º They incur by the very fact a suspension for one year from the conferral of orders, reserved to the Apostolic See: 1º those who, against the prescription of can. 955, shall have ordained another's subject without dimissorial letters of his proper Ordinary; 2º those who shall have ordained their own subject, who has stayed elsewhere for so much time that he could have contracted a canonical impediment there, against the prescription of can. 993, 994; 3º those who shall have promoted someone to major orders without a canonical title against the prescription of can. 974 § 1 n. 7; 4º those who, with legitimate privilege being saved, shall have promoted a religious pertaining to a family which is outside the territory of the one ordaining, even with dimissorial letters of his proper Superior, unless it has been legitimately proved that some one of the cases occurs concerning which in can. 966,

from can. 2373. The two prior censures were formerly had in the Const. of Pius IX under n. III Susp. l. s.; cf. in the author n. 1363; the third was in force from the same Const. n. II; cf. in the author n. 1362; the fourth is new. It is understood from can. 966. A legitimate privilege is not when it is had only by communication from the Const. Impositi nobis of Benedict XIV.

4º A religious cleric whose profession, because of fraud admitted by himself, shall have been declared null, if he is constituted in major orders, remains by the very fact suspended until it shall have seemed otherwise to the Apostolic See,

from can. 2387. The censure is new. Note that it is incurred only after the declaration of nullity of the profession, and indeed it is required that the cause why it is declared null be fraud admitted by the religious himself.

5º Chapters, convents, and all others to whom it pertains, admitting those elected, presented, or nominated (of this kind) before the exhibition of the letters, remain by the very fact suspended from the right of electing, nominating, or presenting, at the good pleasure of the Apostolic See,

from can. 2394 n. 3. Formerly they were suspended from the perception of their benefices; cf. in the author n. 1361.

1º If a cleric, against the prescription of can. 120, without having obtained license from the Ordinary of the place, shall have dared to draw to a lay judge another person (besides those who are enumerated in can. 2341 in the first place) enjoying the privilege of forum, he incurs by the very fact suspension from Office reserved to the Ordinary,

from can. 2341. Cf. in the author n. 1321 and the things said above under A, II, 8º and III, 5º. With license of the Ordinary it is licit.

2º A fugitive religious, if he is in sacred orders, incurs a suspension reserved to his own major Superior,

from can. 2386. Cf. in the author n. 2172 and above under A, IV, n. 8º.

1º A priest who, without necessary jurisdiction, shall have presumed to hear sacramental confessions is by the very fact suspended from divine things; but he who absolves from reserved sins is by the very fact suspended from hearing confessions,

from can. 2366. Presumption is required for incurring the censure. In the 2nd part of the canon there is question only of reserved sins (with or without censure) and not of sins reserved because of a censure, concerning which there is question in can. 2338.

2º He who without letters, or with false dimissorial letters, or before canonical age, or by a leap shall maliciously have approached orders, is by the very fact suspended from the order received,

from can. 2374. Formerly some censure was present from the Council of Trent for the 1st and 2nd case; cf. in the author n. 1370. Concerning those ordained by a leap there was a question; see in the author n. 1372.

3º A cleric who shall have presumed to resign an ecclesiastical office, benefice, or dignity into the hands of laymen, incurs by the very fact suspension from divine things,

from can. 2400. The resignation of a benefice cannot be made except into the hands of the legitimate superior, and indeed only in favor of some suitable person who accepts. He who therefore

sends his benefice into the hands of laymen so that they may dispose of it, incurs this censure. The censure is new.

4º An Abbot or Prelate nullius who, against the prescription of can. 322 § 2, shall not have received the blessing, is by the very fact suspended from jurisdiction,

from can. 2402. In the aforesaid can. 322 § 2 it is said: "Abbots or Prelates nullius who by apostolic prescription or from the constitutions of their own religion must be blessed, within three months from the received apostolic letters, a legitimate impediment ceasing, are to receive the blessing from the Bishop whom they shall have preferred." The censure is new.

5º A Chapter Vicar granting dimissorial letters for ordination against the prescription of can. 958 § 1 n. 3, by the very fact is subject to suspension from divine things,

from can. 2409. Formerly an interdict was had from the Council of Trent. Cf. in the author n. 1379. Therefore now he incurs it if he grants them before a year has elapsed from the vacant see, to those not constrained by reason of a benefice received or to be received, or by reason of some certain office, for which because of the necessity of the diocese provision must be made without delay.

6º Religious Superiors who, against the prescription of can. 965-967, shall have presumed to send their subjects to another Bishop to be ordained, are by the very fact suspended for one month from the celebration of Mass,

from can. 2410. Religious must be ordained by the Bishop of the diocese in which the religious house is situated. Only some cases are excepted, concerning which in vol. II n. 1910. The censure is new.

1º Universities, Colleges, Chapters, or other moral persons, by whatever name they are called, appealing from the laws, decrees, mandates of the Roman Pontiff for the time being to a Universal Council, by the very fact contract an interdict reserved to the Apostolic See in a special way,

from can. 2332. This censure was formerly had in the Const. Ap. Sedis; cf. in the author n. 1376.

2º Those knowingly celebrating, or causing divine things to be celebrated, in interdicted places, or admitting to celebrating divine offices forbidden by censure clerics excommunicated, interdicted, suspended after a declaratory or condemnatory sentence, contract by the law itself an interdict from entrance of the Church, until, at the judgment of him whose sentence they contemned, they have made suitable satisfaction,

from can. 2338 § 3. It was formerly had in the Const. Ap. Sedis; cf. the author n. 1377. Nevertheless it has been limited in some measure, because admission to the sacraments or to ecclesiastical burial is excluded, and as regards admission to divine offices, it is limited to the celebration of these by clerics excommunicated, interdicted, suspended after a declaratory or condemnatory sentence.

3º Those who have given cause to a local interdict or to an interdict against a community or college are by the very fact personally interdicted,

from can. 2338 § 4. These, when they repent, can be absolved for the internal forum by any confessor.