CHAPTER IV: On the Other Ecclesiastical Penalties

St. Alphonsus, VII, 323; ed. G., IV, p. 440; Ferraris, v. Degradatio, Sepultura; Wernz, Jus Decr., III, n. 772; Many, de Locis sacris, tit. IV, especially n. 211-225.

The penalties concerning which it remains for us to treat are the following: 1. deposition and degradation; 2. infamy; 3. cessation from divine things; 4. privation of burial (cf. n. 1251).

1381. DEPOSITION is a canonical penalty by which a cleric is deprived of the use of ecclesiastical power, and of every radical title for exercising it, and also of every right validly to possess benefices; and that, at least by ordinary law, perpetually, or irremissibly (Salmant., tr. X, c. 5, n. 55).

This penalty: 1. can be imposed by the Bishop or his Vicar deputed for this, but only in cases expressed in Law, and for more atrocious delicts; 2. does not deprive the deposed man of the privilege of canon and forum; 3. although it is of itself irremissible, nevertheless it can be removed by the Bishop through dispensation, provided the crime is lighter than adultery (VII, 325; H. Ap., XIX, 67).

1382. DEGRADATION is the solemn privation of all ecclesiastical titles, goods, privileges, and honors; so that the degraded man, only the indelible character remaining, is reduced to the lay condition.

Let it be noted: 1. Degradation can be done by the Bishop alone, and only for the gravest crimes, such as: manifest heresy, falsification of Apostolic Letters, grave calumny brought against one's own Bishop, repeated sodomy, and similar things. 2. The Pope alone dispenses in this most grave penalty. 3. The degraded man, because he retains order, is held to the vow of chastity already emitted, and therefore he would invalidly contract marriage. He is held also to the canonical Hours; unless perhaps the penalty to which he is condemned, for example the galleys, impedes their recitation (VII, 324 sqq.). - 4. He who lays violent hands on a degraded man does not incur excommunication (cf. what was said n. 1329).

1383. This penalty is a state of injured dignity on account of crime, by which someone is publicly held guilty. It is not merely lack of good fame, but besides is a state in which someone is considered positively evil.

1 These things formerly, before the new Pian Law. But it can be doubted whether the aforesaid censure is still in force. For it is said in the Decree Ne temere, n. 10: Parish priests who have violated the things prescribed here hitherto are to be punished by the Ordinaries according to the manner and gravity of the fault.

It is twofold: 1. Of fact, which arises from depraved morals, and is abolished through amendment. 2. Of law, or legal, which, on account of a shameful crime, is inflicted from the authority of Law. This is contracted in three ways, either by the law itself, or by sentence of a judge, or by the kind of an infaming penalty (Craisson, n. 5856).

All infamous persons, whether of Law (even civil) or of fact, are to be held as irregular, as will be seen in its own place (n. 1938). Hence that celebrated saying of Law: "Let the gates of dignities not lie open to infamous persons" (Reg. 87, in 6). St. Alph., VII, 362.

1384. Cessation from divine things is defined: "A prohibition made to clerics that they abstain from divine offices and from ecclesiastical burial."

It differs from interdict, both because it is not a censure, nor a penalty of delict; and because it is never directly borne against persons, but only against places. It is imposed by the Church as a sign of sorrow, on account of a grave injury inflicted upon her, so that thus the guilty man may be induced to make satisfaction (VII, 340).

Cessation is twofold: 1. By Law, which exists by the very fact, when a Church is polluted or execrated; 2. by man, which, a warning having preceded, is imposed by a Superior having jurisdiction in the external forum.

During the time of cessation: a) Clerics are deprived of the privilege granted to them in time of interdict; nevertheless they do not become irregular if they transgress the prohibition. - b) The sacraments are prohibited or conceded as in time of interdict. Hence, generally, a private Mass is permitted once a week for renewing sacred particles for viaticum (H. Ap., XIX, 71; Craisson, n. 6639).

The Superior who imposed the cessation can remove it, or suspend it for a time, for example through some solemn days.

1385. Ecclesiastical burial is that which is done in a sacred place, with the Catholic rite used (cf. n. 1351). It is part of the communion of the Church; and therefore, regularly, it is to be denied to none of the faithful.

PRINCIPLES. I. Privation of ecclesiastical burial is a most grave penalty of the external forum, inflicted by the law itself. It is clear from c. 12, de Sepulturis, and from the Roman Ritual.

We have said: 1. It is a most grave penalty. Wherefore "where a doubt occurs whether it is to be inflicted, let the Ordinary be consulted." If he cannot be consulted, let burial be conceded, from the Rule: "In doubt, odious things are to be restricted." 2. Of the external forum: therefore the guilt or cause on account of which it is inflicted must be notorious; nor does it suffice if it is privately known to the parish priest. 3. Inflicted by the law itself; whence this penalty is incurred by the very fact in all cases which the Roman Ritual commemorates; nor is another sentence required.

St. Alphonsus indeed says (de Privil., n. 91, at the end): "No one is to be deprived of burial, in whatever case, without the sentence of the Bishop; or of the Superior, if the corpse is of a religious"; but understand this if recourse to the Bishop is easy, and the case needs a declaratory sentence of the crime, for example of heresy, suicide, impenitence, etc.

Indeed, since the penalty has been introduced by Canon law, whose obligation exists short of grave inconvenience, the PARISH PRIEST can often be excused from inflicting it, by reason of scandal or grave evil to be avoided; never however if burial were extorted in contempt of the Church, as the Salmanticenses say (tr. 18, c. 3, n. 193). Cf. n. 1293.

1386. II. By common law, ecclesiastical burial is denied to those who, separated from the communion of the Church, or manifestly impenitent, have departed from the living. From the same places.

As regards the FIRST, the Rule of Law is (c. 12, de Sepult.), "that those with whom we have not communicated while living, with them we do not communicate when dead."

Under this head are excluded: 1. All non-baptized, that is, pagans, Jews, immature fetuses or abortives, and infants dead without baptism, at least doubtfully valid.

Catechumens are not repelled, if they departed from the living rightly disposed, because they are considered cleansed by baptism of desire; otherwise, if they were gravely negligent.

2. Apostates from the Christian faith. Among these are to be counted all impious persons who publicly profess atheism, deism, pantheism, materialism (cf. n. 438 and n. 1314).

3. Heretics, who openly affirm their errors, although perhaps they may be only materially heretics; likewise notorious favorers of heretics, and also schismatics.

But their children, or those baptized by a heretical minister, at least before the seventh year, can be given ecclesiastical burial.

4. Notorious excommunicated persons although not denounced, such as those ascribed to societies certainly condemned by the Church and publicly known, and those interdicted by name, if they died impenitent (cf. n. 526, II, 1 and 1292, 9).

Moreover it is had as a sign of repentance if such a one in the article of death has invoked the name of JESUS or sought a confessor, etc.; to prove which one witness suffices (VII, 187; cf. also l. VI, 480, 481).

1387. As regards the SECOND, all who have died in mortal sin, certainly and notoriously, without repentance, are kept away from ecclesiastical burial.

Such are: 1. Suicides, who from anger or desperation have brought death upon themselves, unless, surviving for some time, they gave signs of repentance. But those are not to be equated with suicides who in a state of frenzy or in another excess of disease killed themselves. "When doubt remains whether someone gave death to himself through desperation, or through insanity, ecclesiastical burial can be given, yet with the pomp and solemnities of the funeral avoided" (Holy Office, 16 May 1866; Coll. Prop. Fid., n. 1605).

More often today than before, on account of scandal of civil funerals to be feared, one must strive that ecclesiastical burial be given to suicides. Yet careful caution must be taken lest it be conceded where no serious signs of insanity preceded: because not only would the law of the Church be disregarded, but horror of suicide among the faithful would be diminished, or there would even be the appearance of shameful gain, especially if ecclesiastical burial were conceded more readily to the rich than to the poor (Genicot, II, n. 628, 3).

2. Duelers who have perished from a wound received in duel. Namely holy Church uses extraordinary severity against men of this sort, even if they have been penitent.

"We decree and declare" (thus Benedict XII, Const. Detestabilem, 10 Nov. 1752) "that privation of sacred burial... shall be incurred perpetually by those dying in the place of duel and conflict, even before the sentence of a judge, and also by one departing outside the place of conflict, from a wound received there... and even if the wounded man before death gave not uncertain signs of repentance, and obtained absolution from sins and censures." And this "with the faculty of interpreting and dispensing concerning this penalty removed from Bishops and Ordinaries of places." See St. Alph., III, 401.

3. Manifest and public sinners "who have perished without repentance" (Rom. Rit.).

Hence the following are to be buried outside a sacred place: prostitutes, concubinaries, usurers, and all who have died in the act of some crime, provided: a) their delict is certain (as to the fact and as to the intention) and notorious, that is, known to the greater number of inhabitants of the city or parish; b) they gave no sign of repentance before at least one witness (H. Ap., tr. XX, 91).1

4. Those who are publicly known to have omitted confession and communion within the year of their death, and who died without any sign of contrition.

But concerning a culpable omission of this sort, it scarcely can be publicly established except through a sentence of the Ordinary or public edict. Except, unless they were from the number of those who notoriously never assist at sacred things and live impiously; in which case they are to be counted among manifest and public sinners, as is plain. But IN PRACTICE, since very great inconveniences would arise from denial of burial, the canonical prohibition is not to be pressed.

1388. From what has been said you resolve: By force of ecclesiastical law, the following are not to be deprived of sacred burial: a) mimes and actors, unless from the circumstances they ought to be numbered among public sinners; b) drunkards, who have died in drunkenness, for it can be doubted whether the drunkenness was voluntary; c) criminals punished capitally, who gave signs of repentance (although they are to be buried without solemnity); d) those who rejected the last sacraments, unless they did this scandalously, that is, before many, or unless they are from those who were described above. And Fr. Gury wisely admonishes, writing (II, n. 1013): "It will be worthwhile that the priest, doubtful concerning the disposition of the dying person, address him without witnesses, and induce him to confession, lest his evil mind become known; provided however some scandal is not necessarily to be repaired."

Likewise, because today (all divine and human things being mixed together) all are to be buried in cemeteries newly constructed by municipalities, it is EXPEDIENT either to leave a place in the cemetery not blessed, for burying those who are kept away from ecclesiastical burial; or in no way to bless the cemetery, but rather, on individual occasions, the little grave in which he who has piously died in Christ is to be buried.

Concerning the right of burial, see St. Alphonsus, de Privil., n. 91. Cf. Salmant., tr. 18, c. 5, p. 6; Bucceroni, de Cens., n. 138; Del Vecchio, I, n. 542, where there are many things.

1388bis. I. Civil burial is imposed not only by the Church as a penalty of delict, but sometimes is accustomed to be sought by the faithful themselves by a formal will, and imposed on legatees to be carried out.

1. To seek burial with the rites of the Church excluded is a grave sin. For this petition contains external apostasy, and brings it about that, at least externally, the one to be buried becomes a favorer and follower of the ends of impious persons, which freethinkers pursue.

2. To assist at a civil burial which the deceased (or his family) sought is gravely illicit, by reason of cooperation and scandal. Yet this can become licit, if, on account of the gravity of reasons, scandal having been removed, this assistance can be rendered only passive, as happens for public officials, children, the wife of the deceased, near blood relatives, or, as some concede, for very closely joined friends (Ami du Cl., 1890, p. 691, where Resp. Holy Office, 1907, p. 1138, etc.).

3. To assist at a civil burial in the case in which the Church has not conceded liturgical rites as a penalty is also illicit (D'Annibale, Summula, I, n. 115); nevertheless excusing reasons are more readily present, because the reasons set forth above are lacking. Cf. Ami du Cl., 1890, l. c.

II. Cremation of corpses. Although cremation is not an action evil in itself, nevertheless by accident, and by reason of the end of those who try to introduce this practice, it must be called altogether impious, ordered to this, that the esteem and reverence of the Catholic religion be diminished; wherefore it is most severely prohibited. Holy Office, 19 May 1886 (A. S. S., 19, p. 46).

Therefore it is not licit: 1. To give one's name to societies which promote this manner of burying.

2. To administer the sacraments of the dying to those who, of their own will, moved by any motives whatever, commanded their bodies to be cremated after death, if, warned, they are unwilling to retract this command (Holy Office, 27 July 1892);1 and if in this will they certainly and notoriously persevered up to death, ecclesiastical burial must be denied to them (Holy Office, 15 Dec. 1886).2

3. As often as there is question of those whose bodies are subjected to cremation not by their own will, the rites and suffrages of the Church can be used both at home and in church, but not up to the place of cremation, scandal having been removed. Moreover scandal can also be removed if it becomes known that cremation was chosen not by the proper will of the deceased (Holy Office, ib.).

4. Nevertheless it is licit for the faithful whose bodies have been cremated not without their own fault, to offer the sacrifice of the Mass privately, and likewise to accept foundations for this end (Holy Office, 27 July 1892).

5. But in particular cases in which doubt or difficulty arises, the Ordinary is to be consulted, who, all circumstances having been carefully weighed, will decree that which he shall judge more expedient in the Lord (Holy Office, 15 Dec. 1886).

See more in the little work of the distinguished Berardi, de Crematione cadaverum. Cf. also Stimmen aus Mar.-Laach, 1892, II S.; Linz. Quart. Schr., 1906, p. 320, 501; 1911, p. 497; Kirchenlex., VII, 1679. Read various documents in Lehmkuhl, II, n. 1171 sqq.

Note. As regards the burial to be given to amputated human members, see Resp. Holy Office, 6 Aug. 1897 (A. S. S., 30, p. 630; Monit. eccl., X, p. 11; Nouv. Rev. Theol., vol. 32, p. 303).

1 Thus the Holy Office responded, 8 May 1908 (A. S. S., 41, p. 583), that those who contracted marriage before a little minister, and die suddenly, without a sign of repentance, cannot be buried with the prayers of the Church. Already above, n. 526, II, we reported the Responses of the S. Penitentiary, 20 May 1908, with relation to those who framed iniquitous laws against religious (Ami du Cl., 1908, p. 631).

1 Nouv. Rev. Theol., 27, p. 128. Yet among the Indians, where this custom is present (although the faithful should be warned), confessors can bear themselves passively if the faithful have chosen this manner of burial (S. C. de P. F., 27 Sept. 1884, ap. Ami du Cl., 1902, p. 697). - 2 Nouv. Rev. Theol., 24, p. 618; A. S. S., 25, p. 63.