Chapter IV: On the Other Ecclesiastical Penalties

Many are enumerated in the Code can. 2291 and 2298. In this tractate we shall refer only those things which, in the matters the author hands down, are confirmed or must be changed, leaving a fuller treatment of the matter to canonists. - 1381 Deposition is described in can. 2303 § 1: "Deposition, the obligations arising from the order received and clerical privileges remaining firm, carries with it both suspension from office and incapacity for any offices, dignities, benefices, pensions, duties in the Church, and also privation of those things which the guilty person has, although he may have been ordained by their title." By this definition and the following § 2 and § 3 those things which are had in the author are substantially confirmed; cf. also can. 2304. - 1382 is confirmed by can. 2305. - 1383 is confirmed by can. 2293 and 2294. Infamy of fact is not an irregularity, but only an impediment; cf. can. 987 n. 7. Infamy of law from can. 2295 ceases only by dispensation of the Apostolic See. - 1384 Concerning cessation from divine things, discourse is no longer made in the new law. Can. 2290 can be added, by which the faculty is given to confessors of suspending in the internal forum for a month the obligation of observing a vindictive penalty latae sententiae, if in more urgent occult cases the guilty person otherwise truly would betray himself with infamy and scandal. Nevertheless the burden of having recourse within a month is enjoined. If this recourse is morally impossible, cf. § 2 of the same canon. - 1385 Concerning privation of ecclesiastical burial, it is treated in can. 2291 n. 5 and in can. 1239, 1240, 1241 and 1242; I 1º is confirmed from can. 1240 § 2. - 1386 is confirmed by can. 1239 § 1 and can. 1240 § 1 nn. 1-2. As regards excommunicates and the interdicted, a sentence is required. - 1387 is confirmed by can. 1240 nn. 3-6. - 1388bis II 2º can. 1240 n. 5.