§ 1. EXCOMMUNICATIONS *LATAE SENTENTIAE* RESERVED TO THE ROMAN PONTIFF IN A SPECIAL WAY

Twelve of this kind are reviewed in the Constitution Apostolicae Sedis, all indeed, except the tenth, already contained in the Bull Coenae: to which is added the thirteenth, from the Constitution Romanus Pontifex, issued 28 Aug. 1873.1 In very recent times another excommunication acceded for repressing the EXCLUSIVE (Veto) of civil power (cf. n. 1327).

Therefore Pius IX declares subject to such a censure:

1314. I. "All apostates from the Christian faith, and all and individual heretics, by whatever name they may be reckoned, and of whatever sect they may exist; and those believing them; and their receivers, favorers, and generally any defenders of them."

1. By APOSTATES and HERETICS understand those who have sinned gravely against faith by an internal and external act, according to what was said n. 438 sqq.; 573, 2; 596, 3.

2. BELIEVERS, of apostates or heretics, are those who implicitly sustain their errors, declaring in general that these or those heretics think rightly; for example if someone says: "I believe what Calvin believes," etc. Likewise, if someone attends the sermons of heretics, not indeed drawn by curiosity of hearing, or by greed for money, but led by the intention of assenting to false doctrine, to which in a confused way he already offers faith.

3. RECEIVERS: those who receive or conceal a heretic as such, not as a friend or blood-relative, in their home, so that he may escape the penalties of heresy. FAVORERS: those who furnish favor to heretics, whether notorious or occult; either positively by praising them, commending them, for example before the government, promoting the exercise of heretical worship, opening schools for them for the sake of fostering heresy, etc.; or negatively, by omitting, without just cause, denunciation of them; or correction, when they are bound by office to make it.1 All those incur the same excommunication who enroll themselves even merely by name in a heretical or schismatic sect, for whatever cause this may be done. Likewise those who contract marriage before a heretical or schismatic minister attached to sacred things (Holy Office, 22 Mar. 1879, and 18 May 1892; Nouv. Rev. Theol., vol. 15, p. 284). DEFENDERS: those who, in whatever way, defend either the errors of heretics; or protect their persons, for example by impeding them from being brought before judges or punished by them. Nevertheless those are not to be numbered among defenders who praise the style, elegance, or knowledge of the author of a heretical book, unless perhaps the praise redounds to approval of the doctrine itself (VII, 300-308). As regards absolution of heretics, see n. 443.2

Note. If the Bishop has reserved absolution of this sin, the confessor would need a twofold faculty. See nevertheless what we shall say n. 1348, note.

1315. • II. "All and individual persons knowingly reading without authority of the Apostolic See the books of the same apostates and heretics, defending heresy, as well as books of any author prohibited by name through Apostolic Letters; those retaining, printing, and in any way defending the same books." This censure is in force today from the Constitution Officiorum, n. 47, and draws its force from it.

By the name of book is understood a writing which consists of some bulk and unity of object. Wherefore under the name of book do not come newspapers or daily papers, letters, sermons, smaller booklets, just as neither do certain pages separated from a prohibited book (Holy Office, 21 Apr. 1886); nor even probably manuscripts, for "today we take books to be those which are published in type," as D'Annibale says (Summula, III, 141); now this censure must be interpreted according to the sense received today. On the contrary, under the name of books come periodical writings (livraisons, revues) or individual fascicles destined to compose a volume (Holy Office, 13 Jan. 1892; Monit. eccl., VII, P. I, p. 266); likewise translations of a work into another language (St. Alph., VII, 281).

1. Therefore books prohibited by this censure are of a twofold kind: a) Books of apostates or heretics, provided that concerning these two things at the same time it is established: that the author is publicly held as an apostate or heretic, whether from the sect to which he belongs, or from the pertinacity with which he hands down and defends heretical doctrine; that heresy is not only contained in the book, but is also defended. b) Books of any author, prohibited by name or by the express title of the work, and that under penalty of excommunication reserved to the Roman Pontiff, through Apostolic Letters in any form, containing these or similar expressions: "from the plenitude of our Apostolic authority," or "by Apostolic authority" (Pennacchi, I, p. 117).

Therefore the censure does not extend to books prohibited through general Decrees, or condemned by some Sacred Congregation, or entered by name or in the mass into the Index; nor to books of infidels or Jews, unless perhaps the conditions which we have enumerated are verified in them. Cf. Ami du Cl., 1911, p. 734; Hilgers, Der Index, p. 90 sqq.

1316. 2. The EXCOMMUNICATED PERSONS, the things to be posited having been posited, are the following:

a) Readers. To read, strictly speaking, is to look with the eyes and perceive with the mind the things which are written. Wherefore he does not read who only materially runs through with the eyes a book composed in a language unknown to him, nor he who hears another reading, even by his command, as Navarrus and others probably teach, against many (VII, n. 292). Therefore readers in a relatively notable quantity are bound by the censure.

But when will the quantity be notable? The older theologians, Lugo, disp. 21, n. 85; St. Alph., VII, 284, 292, say that the object of reading is notable: either one or another page, or a proemium in the case in which less dangerous matter is set forth there; or a few lines, if precisely there heretical doctrine is defended. - Recent authors teach that the matter is notable: either 3-4 pages, if they contain truly dangerous things, or 30 pages, if the danger contained in them is less. Thus Noldin, II, 700. But we ask whether the circumstances of the times and the end of the Constitution Officiorum ac munerum, of which account must certainly be had, demand this, that one depart by such large steps from the opinion of the older authors? Cf. Ami du Cl., 1912, p. 952. More rightly, in our judgment, Lehmkuhl (I, 1335) thinks: He sins gravely, he says, who without faculty reads a place which treats specially of prohibited matter, or, if the matter is not dangerous, a notable part, for example one or another page of larger format. Cf. the things which Vermeersch wisely notes, de Prohib. libr. (ed. 4), p. 43 sqq.

b) Retainers, for a notable time, for example for three days, whether with themselves, or with a friend, although endowed with faculty of retaining, but from whom they can demand the book back at their own pleasure; otherwise if with a pact not to demand it back except after purgation of the book or license obtained; although they do not retain it for reading, as, for example, a depositary, borrower, bookseller, or associate having co-ownership in a literary society (Kon., n. 1704, q. 8). This nevertheless does not seem to extend to public libraries (Noldin, n. 53). He does not seem to retain who is merely custodian of a library, for in reality he neither detains nor possesses. But it is disputed whether under the name of retainers come binders of books (les relieurs). Strictly speaking it must be affirmed, yet from epikeia this retention seems permitted if they bind them for one having faculty. In other cases the reason of damage will very often excuse (Vermeersch, p. 39). But he is excused who retains for a longer time while waiting until he hands it over at a suitable time to the Superior, or to another having license. Nor is the censure incurred if that part of the book which gave occasion to the prohibition is destroyed in such a way that it can no longer be read.

c) Printers, under which name, besides the editor and owner of the printing-house, come all those who knowingly and proximately concur toward the edition of the book. Cf. the cited Instruction of the Eminent Cardinal Vicar. - See what was said n. 524.

d) Defenders; whether by deeds, by propagating books, exposing them for sale, hiding them lest they be handed over to the judge or burned; or by words, by praising them, excusing them, etc. Nevertheless he who praises not the depraved doctrine of the book, but the style or knowledge of the author, is excused from the censure (VII, l. c.).

1317. • III. "Schismatics, and those who from the obedience of the Roman Pontiff existing for the time being pertinaciously withdraw themselves or depart."

The censure touches: 1. SCHISMATICS properly so called, namely those who boldly establish or follow new Churches. Such are, for example, the Old Catholics. 2. Imperfect schismatics, namely those who, led by true malice, do not wish to obey the Roman Pontiff existing for the time being, holding themselves as freed from his power. From these are certain writers, called liberals, who under a futile pretext pertinaciously reject the decisions and commands of the Roman Pontiff (Pennacchi, I, p. 10, annot. 1). 3. Those giving their name to a society for vindicating the rights of the people in the election of the Supreme Pontiff, or promoting it or in any way favoring or adhering to it (Sacred Penitentiary, 4 Aug. 1876). Cf. A. S. S., vol. 9, p. 352.

But the censure does not touch: a) those who detract from the temporal dominion of the Roman Pontiff; b) those who simply refuse to obey his commands, because they are grave and burdensome, or from hatred toward his private person; c) him who should refuse to be subject to the Pontiff insofar as he is suspect to him, or doubtfully legitimate, that is, not yet received by the universal Church because of an election doubtfully valid; d) him who departs from obedience due to his own Bishop, even pertinaciously. Except if he refuses to be subject to the Bishop because he does not wish to have him as legitimate pastor; for this is the same as not wishing to be subject to the Roman Pontiff who sent him (Konings, 1708).

1318. IV. "All and individual persons, of whatever state, grade, or condition they may have been, appealing from the ordinances or commands of the Roman Pontiffs existing for the time being to a future universal Council; as well as those by whose help, counsel, or favor the appeal shall have been made."

The following are excommunicated: 1. Appellants; and the reason is that they not only do injury to the supreme head of the Church, but also present an appearance of schism. Indeed, if someone should appeal because he thought the Pope did not have supreme and infallible authority in the Church, he would furthermore be a heretic and would be punished by a double excommunication. - But by ordinances and commands, from which it is unlawful to appeal, are to be understood all those things by which the Roman Pontiff, even through a particular and disciplinary Decree, commands something which regards the good of souls; but not those things which refer to civil rule. He who should appeal from a dogmatic Decree would also be excommunicated as a heretic. See as regards colleges, etc., n. 1376.

2. Cooperators, "by whose help, counsel, or favor the appeal shall have been made." - The censure does not touch him who should appeal to the present Council or to a future Pontiff, nor him who should approve an appeal already made by others.

1 For the sake of helping memory, use these little verses, if you please:

Heretic, reader, tearing, crying out, or striking,
Impeding, compelling, prohibiting, falsifying, dishonest,
Usurping, retaining, intruded by whatever name;
All these guilty ones must present themselves at Rome.

1 Instruction of the Eminent Cardinal Vicar to the parish priests of the nourishing City, 12 Jul. 1878 (A. S. S., vol. 11, p. 168). There he further declares that parents who send children to a heretical school do not incur the censure. For they are not truly favorers of heretics.

2 To this excommunication there have been added, in favor of faith in the City, the four following, specially reserved to the Supreme Pontiff. The following are excommunicated: a) All those who, even without the will of adhering to heresy, and only for the sake of human respect, give their names to the enclosures of heretics, of any denomination whatever. b) Those who are present at non-Catholic functions, or services, as it is usually said, or hear one preaching, with the intention that they may give themselves to the same, insofar as, as they impiously say, they can be persuaded by him. c) Those who, having become favorers of the spiritual ruin of another, induce in any way and see to it that others go or come to the halls or temples of heretics to hear conferences. d) Those who publish in type invitations to the aforesaid conferences and the themes of the same; because of the favor which, by such action, they furnish to the propagation or confirmation of heresy. Same Instruction, A. S. S., 11, p. 172.

1319. • V. "All killing, mutilating, striking, capturing, imprisoning, detaining, or hostilely pursuing Cardinals of the Holy Roman Church, Patriarchs, Archbishops, Bishops, and legates or nuncios of the Apostolic See, or casting them out from their dioceses, territories, lands, or dominions; as well as those commanding these things, or holding them ratified, or furnishing help, counsel, or favor in them."

By this censure are punished: 1. Those exercising cruelty against the LEADERS OF THE CHURCH, whether against their bodies, or against their liberty, or against their dignity, with the intention of harming them; or casting them, once received, out from places subject to their jurisdiction. But those are not bound by the censure who simply do not receive them, or expel them only from a city.

2. Cooperators, that is, those commanding, furnishing help or favor. Indeed, those holding the aforesaid crimes ratified incur the present excommunication. But for this it is required: a) that the crime was done in their name; b) that at the time of the delict perpetrated they could have commanded it; c) that they approve it by some grave external action, for example by writing, congratulation, applause, praise, etc. (VII, 267).

N. B. This censure must not be confused with that which begins Violentas manus, etc. (n. 1329), for protecting any ecclesiastical person whatever.

1320. VI. "Those directly or indirectly impeding the exercise of ecclesiastical jurisdiction, whether of the internal or external forum, and, that is, also, recurring for this to the secular forum and procuring or issuing its commands, or furnishing help, counsel, or favor."

The following are excommunicated: 1. Those impeding by force, threats, or command any exercise whatever of ecclesiastical jurisdiction,1 whether this be ordinary or delegated; whether of the internal forum, which the Sacred Penitentiary governs, or of the external, in which both the Roman Congregations and the Ordinaries of places pronounce law (cf. n. 138). But they impede directly or indirectly: directly, if they themselves obstruct the person endowed with jurisdiction, for example if someone threatens death to a Bishop lest he issue a censure, confer a benefice, visit a diocese, send preachers, acquire or alienate goods, change a parish priest, etc.; indirectly, if they obstruct efficaciously in another thing, or in another person, for example by sequestering the Bishop's goods, vexing his officials or familiars, etc.

2. Those recurring to the secular forum, or to secular magistrates, and procuring its commands, so that they may obstruct a sentence, namely, or an act of ecclesiastical jurisdiction. Of this kind are those who, elected by the suffrage of the people, and furnished with the mandate of the civil power, dare, by obstructing the Church, to intrude themselves into parochial or episcopal governance (A. S. S., vol. 7, p. 702). Cf. Excomm. XI, n. 1325. See Monit. eccl., 1910, ap. Nouv. Rev. Theol., 1911, p. 246.

3. Those issuing commands, or the civil judges or magistrates themselves, who frame and issue commands in their own right, for impeding some act of jurisdiction. But actuaries, heralds, and couriers are not excommunicated. The reason is both because all these obey necessity, although perhaps they furnish their work with a willing mind, and because the law, when it wished them to be held by censure, declared this formally.

4. Cooperators, or secondary impeders, namely those who, by some reason sufficiently efficacious and gravely culpable, either furnished help to the persons reviewed above, by physically cooperating with them; or furnished counsel or favor, by morally cooperating in such a way. - Of this kind are, for example, those who elect, help, and favor INTRUDED pastors.

Note. Certain governments have established a tribunal for judging concerning abuse of ecclesiastical power. He who recurs to such a tribunal against Decrees of a Bishop incurs this grave censure. "Some authors wish (D'Annibale, l. c., n. 61; Gabriel a Varceno, n. 9) that those recurring do not incur excommunication unless the effect has followed; others however (Del Vecchio, I, 574; Grandclaude, in h. exc., n. 2; Avanzini, ed. 2, note 7) say that unjust recourse to a civil tribunal, for impeding Decrees of an ecclesiastical judge, suffices; and this opinion seems more probable to us." Cf. Haringer, App. ad l. VII S. Alph., n. 26.

1321. VII. "Those compelling, whether directly or indirectly, lay judges to draw ecclesiastical persons before their tribunal, contrary to canonical dispositions; likewise those issuing laws or decrees against the liberty or rights of the Church."

By this censure are struck: 1. Those who violate the privilege of FORUM, or the immunity of ecclesiastical persons, whether in a criminal cause or in a civil one.

By COMPELLING are understood any private persons whatever, even priests, who, with no permission of ecclesiastical power, call any ecclesiastical persons whatever, whether in a criminal or penal cause, to the tribunal of laymen, and compel them to be present there. Pius X, in the Motu proprio Quantavis diligentia, 9 Oct. 1911 (A. A. S., III, p. 556). - From these things it follows that under the name compelling are understood those who, in a public penal cause, constitute themselves a civil party, or who cause an ecclesiastical person, as witness, to appear in any cause whatever. Thus from the authentic declaration of the Supreme Pontiff to the Bishop of Larino, 11 Jan. 1912 (ap. Monit. eccl., 1912, p. 4). - Cf. A. A. S., VI, p. 277.

It must be noted, however, that mere denunciation before civil officials is not touched by the censure (Ami du Cl., 1912, p. 1035).

By the words contrary to canonical dispositions, allusion is made to multiple cases in which a lay judge can proceed licitly against clerics, whether in civil matters, or even in criminal ones, for example if a cleric has been degraded, etc. But where, with the Holy See permitting or silent, the privilege of FORUM no longer is in force, nor can the civil Right of private persons be obtained from an ecclesiastical judge, the censure seems to cease by the very fact1 (cf. n. 201 and 2234).

They are struck: 2. Those who issue laws or decrees against the LIBERTY or RIGHTS of the Church. These words are very widely open: for by them are expressed all the rights and liberties which belong to the Church, even the right of acquiring by acts either of last will or among the living; the right of alienating, leasing her goods, etc. (cf. n. 874).

Moreover, by the censure are struck the authors of laws and decrees of this kind, that is, deputies and senators who are efficacious causes; the prince who subscribes his name to them or promulgates them; likewise ministers, governors, prefects, municipal officers, etc., who issue decrees attacking some right of the Church, as, for example, decrees by which monasteries or pious places are suppressed.1

But they do not incur the censure: heralds or officials who promulgate such decrees or see that they are observed; notaries who draw up acts according to their norm; litigants who use those decrees; nor judges who accommodate their sentences to them. But consider whether they do not fall into another censure, for example from the fact that they injure ecclesiastical jurisdiction.

1322. VIII. "Those recurring to lay power for impeding letters or any acts whatever proceeding from the Apostolic See, or from its legates or delegates whatever, and those directly or indirectly prohibiting their promulgation or execution; or, by reason of them, injuring or terrifying either the parties themselves or others."

The present censure protects the Letters and Acts of the Holy See, that is, documents proceeding either immediately from the Roman Pontiff and from the Holy See, for example from the Sacred Penitentiary, or from the other Sacred Congregations (Holy Office, 13 Jan. 1892);2 or mediately through legates, nuncios, etc.

The following are excommunicated: 1. Those recurring, for impeding them, whether by appealing or provoking, to lay power, of whatever grade that power may be; and this, in the more probable opinion, although the recourse has suffered rejection.3 2. Those prohibiting promulgation, namely that which induces the obligation of law; or execution, for example by impeding the letters from obtaining their effect, as if someone intercepts them, or prohibits a notary from drawing up instruments concerning them, or from handing over instruments already drawn up. 3. Those injuring, as to the body, or terrifying, by very grave fear, either the parties themselves, that is, the persons who are helped by those letters; or others, for example advocates of the parties, executors, and finally all to whom the acts obtained are referred in some way (De Angelis, l. I, tit. 29, n. 6).

1323. IX. "All falsifiers of Apostolic Letters, even in the form of a Brief, and of supplications concerning grace or justice, signed by the Roman Pontiff, or by the vice-chancellors of the Holy Roman Church, or those taking their place, or by command of the same Roman Pontiff; as well as those falsely publishing Apostolic Letters, even in the form of a Brief; and also those falsely signing supplications of this kind under the name of the Roman Pontiff, or of the vice-chancellor or one taking the place of the aforesaid."

By Apostolic Letters here are not understood letters or Rescripts of the Sacred Congregations or of Nuncios.

Therefore the following are excommunicated: 1. Those who falsify Apostolic Letters, etc., namely by changing, adding, or taking away something by which the sense is corrupted, suppose if the Pontiff has conceded something for three years, and the petitioner changes it into five years.4 - 2. Those who falsely publish either true letters, but secretly and against the will of the Pontiff; or letters altogether false or corrupted, just as if they were authentic. Otherwise, if you publish doubtful letters as doubtful, or if you relate them historically, as published by another. 3. Those who falsely subscribe with the name of the Pontiff, for a grace made. As regards those who use false letters, cf. n. 1350.

1324. X. "Those absolving an accomplice in a shameful sin, even in the article of death, if another priest, although not approved for confessions, without some grave infamy and scandal about to arise, can receive the confession of the dying person."

It is said: 1. Those absolving, even with crass and supine ignorance (Holy Office, 13 Jan. 1892); nor do those simulating absolution escape excommunication (Resp. S. Poenit., 1 Mar. 1878; Holy Office, 10 Dec. 1883; A. S. S., 27, p. 555). - But the censure does not strike him who only hears the accomplice in confession; nor probably him who indeed absolves, but without advertence.

2. An accomplice in a shameful sin; by which name comes every external, grave, certain, and formal sin from each side, against chastity, which must be subjected and actually is subjected to absolution as necessary matter.

3. Even in the article of death, if, etc.; whence the accomplice does not avoid the censure, although he validly absolves, if he does not take care that another confessor or priest be present to the dying accomplice. See more at n. 1780.

Note. This censure is called most specially reserved; because in the faculty of absolving from cases reserved to the Holy See even in a special way, which is conceded to Ordinaries or missionaries, this case is expressly excepted, as is clear from several Decrees of the Holy Office. It is similarly excepted in the Bull of the Crusade (Monit. eccl., I, p. 173, 269).

1 Note that here it is a question only of the jurisdiction of the Catholic Church, but not of the jurisdiction of religious Orders, as regards the use of privileges; nor of the exercise of sacred Orders, as regards conferring them, reading Mass, etc.; nor finally of acts of mere administration (D'Annibale, n. 57).

1 D'Annibale, n. 65. - The privilege of forum for the above-said causes is no longer in force in Austria, Germany, Luxembourg, Belgium, Holland.

1 D'Annibale, n. 68; cf. Syllab. Pius IX, n. 32, 33, 45, 47.

2 Collect. S. C. de P. F., 2172.

3 D'Annibale, Bucceroni defend the contrary opinion (apud Lehmkuhl, II, 1199).

4 Lehmkuhl (II, 1200) judges that those who fabricate Apostolic Letters are not subject to the censure, if they do not publish them.

1325. XI. "Those usurping or sequestering jurisdiction, goods, revenues pertaining to ecclesiastical persons by reason of their churches or benefices."

Preliminary note. Four excommunications are issued against those who dispose illicitly of the GOODS OF THE CHURCH: the first in the present article, if they usurp goods which pertain to ecclesiastical persons by title of church or benefice; the second in the following article, if they invade the goods of the Roman Church; the third, simply reserved to the Roman Pontiff from Trent (n. 1347), if they usurp the goods of any benefice or pious place whatever; and finally the fourth, reserved to no one (n. 1353), if in an illicit way they alienate ecclesiastical goods of whatever kind.

1. Therefore the GOODS which this article protects are: a) jurisdiction, even temporal or delegated; b) temporal goods, indeed even rights to the same; c) revenues pertaining to ecclesiastical persons, not by any reason whatever, but by reason of their churches, or secular or regular benefices. But the goods of vacant benefices are not comprehended, nor those which pertain to Monts of Piety, hospitals, cemeteries, lay chaplaincies, sodalities of laymen, or the fabric of a Church (cf. n. 2235). Nor do the goods of monasteries, which were reviewed in the Bull Coenae, seem to be comprehended here (Avanzini, note 34; D'Annibale, n. 90).

2. THE FOLLOWING ARE EXCOMMUNICATED: a) Usurpers, that is, those occupying another's thing, designated above, as owed to themselves and pertaining to them by right. - Whence thieves, robbers, plunderers, etc., do not incur this censure (Holy Office, 9 Mar. 1870); nor probably those who acquire for themselves, by acts either of last will or among the living, a thing usurped by others; because they do not properly usurp, although they sin and incur other penalties (cf. n. 1347). b) Sequestrators, that is, those pronouncing sequestration by judicial office, or even executing it, and thus impeding goods from being received by the designated persons. Cf. however what was said n. 526, II, 5.

Likewise, from the Encyclical Letters of Pius IX, 21 Nov. 1873, for Switzerland, and from the Decree of the Sacred Congregation of the Council, 23 May 1874, for the Venetian and Milanese provinces, those are declared bound by a censure peculiarly reserved to the Holy See and by other penalties "whoever in the aforementioned dioceses, with the people voting, elected to the office of parish priest or vicar, dare to seize the pretended possession either of the Church, or of rights and goods, and to discharge the duties of ecclesiastical ministry."

This excommunication is also incurred by the followers of the clerical-liberal society, or emancipatory society of the clergy, who devote their work to the popular election of sacred ministers (S. C. Conc., 27 Jan. 1878).

N. B. The Instructions of the Sacred Penitentiary concerning those who buy or retain usurped goods, see n. 1031; concerning intruded persons, n. 1327, Question.

1326. XII. "Those invading, destroying, detaining, by themselves or through others, cities, lands, places, or rights pertaining to the Roman Church; or usurping, disturbing, retaining supreme jurisdiction in them; as well as those furnishing help, counsel, or favor to each of the aforesaid."

This censure protects the TEMPORAL DOMINION of the Holy See. - The following are excommunicated: 1. Those who by themselves, or through others, invade, etc., cities, lands, places, or rights, namely temporal and principal rights. 2. Those who usurp, or disturb, or retain the supreme and temporal jurisdiction of the Roman Pontiff in these, for example those who impede the Roman Pontiff from publishing laws in these places, exacting taxes, etc. (cf. n. 1325 B, v. Usurpers). - 3. Cooperators, who furnish help, counsel, or favor to each of the aforesaid: namely through a formal, efficacious action, free from grave fear and coercion, for example the first magistrates of each province, city, land, or town.

The following are not excommunicated: a) 1. soldiers who invaded Rome, unless they were volunteers; b) those who fulfill municipal or other duties for protecting public tranquility: unless they furnish an oath by which they promise active obedience to the usurper, or unless they execute such things as are opposed to divine and ecclesiastical laws; c) those who, before the intruded government, discharge the office of consul and legate; d) a fortiori those who furnish only remote work, for example by providing victuals to usurpers, leasing buildings, serving, etc., as is clear from various Responses of the Sacred Penitentiary (A. S. S., I, p. 557-566; II, p. 675).

Note. As regards adherents, although they are not reviewed here, nevertheless they certainly incur the aforesaid excommunication, as is clear from the Encyclical Letter of Pius IX issued on 1 Nov. 1870. But for this, according to the more common opinion, it is required that adhesion or approval of the delict, for example in public papers, furnish help or favor, that is, that it truly concur toward the spoliation, or maintenance of the spoil (Patavin., 200, 202).

1327. XIII. To the specially reserved excommunications another must be added, which the Constitution Romanus Pontifex, 5 Sept. 1873, issued for protecting the Right of capitular vicars against INTRUDED PERSONS (A. S. S., 7, 401 and 702).1

By this censure are punished: 1. Canons and dignities of vacant cathedral churches who shall have dared to concede and transfer the care, governance, and administration of the vacant church... into one nominated and presented by lay power from concession of the Holy See, or elected by right by the capitulars themselves, before the exhibition of Apostolic Letters. 2. The one himself nominated and presented, or elected as above, to the vacant church, who dares to take up its care, governance, and administration, under the name of provider, vicar general, or another name. 3. All who have obeyed the foregoing, or furnished help, counsel, or favor, of whatever state, condition, preeminence, and dignity they may have been. Cf. n. 1361, 1375, 1380, where other penalties are noted.

Furthermore: 1. The aforesaid Canons and dignities are punished with the penalty of privation of ecclesiastical fruits and revenues, to be incurred by the very fact and to be relaxed by the Roman Pontiff. 2. The nominated one exists deprived of that right which perhaps had been acquired for him by the nomination.

IT IS ASKED. What things must Catholics observe as regards INTRUDED PERSONS?

Resp. Behold the principal prescriptions which Pius VI gave to be observed with respect to intruded persons in FRANCE, and by which now one must stand everywhere: 1. The intruded parish priest cannot be approached for the administration of Baptism, except in the case in which there is no other person willing to baptize; nor is it licit to discharge the office of sponsor, if perhaps the intruded person baptizes. - 2. It is not licit, even on feast days, to hear Mass celebrated by an intruded person, although another cannot be heard; nor is it licit to be present at the sermon and other functions of the intruded person, or to ask other ministries of office from him, or to commit to him the celebration of Mass. 3. It is not licit to receive communion from an intruded person, not even for satisfying the Easter precept. 4. Although one must genuflect before hosts consecrated by an intruded person, nevertheless care must be taken, lest in offering this worship Catholics seem to communicate with schismatics, that the meeting of the intruded person be avoided while he carries the Eucharist. 5. It is not licit to approach an intruded parish priest for contracting marriage: whence, if no other means is available, nor can the Superior provide another parish priest or presbyter, the faithful ought to contract without the presence of a pastor. - 6. It is not licit for women, after childbirth has been completed, to receive from intruded persons the blessing which is usually given to a woman after birth. 7. Funeral rites of the dead must be celebrated by the legitimate pastor, even in private houses, if they cannot be done otherwise. But if the intruded person carries the corpse to the church, Catholics should neither accompany the funeral, nor recite sacred prayers, nor perform other rites of the Church associated with him (Ninzatti, n. 1728; cf. Acta Pii VII, II, p. 84). See other things n. 1439.