§ 1. ON THE EFFECTS OF EXCOMMUNICATION IN THE EXCOMMUNICATED PERSON

The effects of excommunication in the excommunicated person are remote or proximate.

1291. I. The REMOTE or mediate effects, which it is helpful to premise, are two: 1. Irregularity, which the excommunicated person incurs if he knowingly and solemnly exercises an act of sacred Order, as will be explained in its own place (n. 1942) (VII, 171). 2. Suspicion of heresy, which he incurs who contumaciously, according to St. Alphonsus in any censure whatever, but especially in excommunication, persists for a year, or, as the laws speak, grows filthy in it. Whence, because he is presumed to think badly concerning the power of the Church, proceedings can be made against him as against one suspected of heresy (VII, 157). Thus from Trent, Sess. 25, c. 3. Cf. Vind. Alph., P. VIII, q. 8.

1292. II. The PROXIMATE or immediate effects are nine, namely: passive and active privation of the sacraments, of divine offices, of the suffrages of the Church, of ecclesiastical jurisdiction, of benefices, of forensic communication, of civil communication, and finally of ecclesiastical burial. - Therefore the excommunicated person is stripped of almost every right which belonged to him as a member of the Church.

1. He is deprived of the PASSIVE USE of the sacraments; that is, he cannot licitly receive the sacraments, and sins gravely by receiving them, unless he is excused by ignorance, or by necessity of avoiding scandal or some other grave evil (cf. n. 1284). This is confirmed from the Response of the Sacred Penitentiary, 10 Dec. 1860 (A. S. S., I, p. 563).

It is said licitly: because he receives them validly, at least as regards substance. Except the sacrament of Penance, insofar as, from defect of disposition, not indeed by reason of the censure, the penitent cannot receive the grace of the sacrament. If nevertheless he confesses in good faith, he is validly absolved from sins, the censure remaining, if it is reserved (VII, 158, 159).

2. He is deprived of the ACTIVE USE of the sacraments; that is, although tolerated, he cannot licitly confer them, just as he cannot celebrate Mass, unless a case of necessity excuses, or fear of great inconvenience, for example of infamy or loss of goods; or unless he is requested by the faithful, who nevertheless do not need a special reason in order licitly to seek sacraments from one tolerated.

But an excommunicated person to be avoided cannot confer them, even if requested; indeed, the conferral of the sacrament of Penance would be invalid, outside the case of common error, or the article of death; because, outside these cases, he lacks necessary jurisdiction. But for the article of death, he can minister Penance, in the case in which another priest is lacking, just as also Viaticum, or Extreme Unction, if the sick person cannot duly confess (VII, 165-172). From this conclude that schismatic priests, since they are not in the strict sense excommunicated persons to be avoided, absolve validly (cf. Verricelli, de Mission. Apostol., p. 464). Nevertheless Catholics cannot seek absolution from them, as we shall say n. 1439, 1.

Note. But "the use of sacramentals is permitted to an excommunicated person; not indeed so that he may participate in the fruit which they produce from the blessing of the Church, but only so that he may venerate them" (VII, 174).

3. He is deprived of DIVINE OFFICES, that is, he cannot, without grave sin, even on days of precept, be present at the sacred rite, a public procession, the Hours solemnly chanted, other public functions, and generally communicate with the faithful in divine things (Sacred Penitentiary, 5 Jul. 1856), for example to be a sponsor in solemn Baptism; excepted are the sermon, theological lecture, or catechesis.1 But he himself cannot preach or, unless he is tolerated and is requested by others, lecture in Theology or in Canon Law.

If one to be avoided does not wish, after warning, to go out of the church, clerics are bound, and indeed under grave obligation, to expel him. But if he cannot be expelled, the celebrant must interrupt Mass, unless he has already begun the Canon: in which case, the others departing, let him continue the sacred rite with one minister, and, after the consumption has been made, let him depart, to complete the rest in the sacristy, or in another decent place (VII, 173-178).

Note. Nevertheless an excommunicated person, even one to be avoided, can, at a time when divine offices are not celebrated, enter the church and pray in it, but separated from the assembly of the faithful. If he is obliged to the Hours, he is in no way dispensed from them, although he ought not say: Dominus vobiscum, but Domine, exaudi orationem meam: otherwise he would sin venially, unless he recites alone, as many except. If nevertheless he is tolerated, he in no way sins if he recites with another, when requested by him (VII, 178).

4. He is deprived of the COMMON SUFFRAGES OF THE CHURCH, that is, of the fruits of sacrifice, indulgences, and public prayers, which cannot be applied in the name of the Church to the excommunicated, even if they were in the state of grace. It is probable, however, that this prohibition is restricted to those to be avoided (VII, 164).

1 There are not lacking authors who think that, in present times, as regards tolerated excommunicated persons, for example Freemasons, these prohibitions do not press so strictly (Noldin, de Poenit., 40). The Church tolerates schismatic girls singing, together with Catholics, in public offices (A. S. S., 40, p. 269).

But private suffrages, for example fasts, prayers, alms, and all works of charity which are privately performed by the faithful or by ministers of God, indeed even the sacrifice itself, insofar as it is offered in the priest's own name, or as it depends on the merit and prayer of the one operating, can be applied to excommunicated persons, even those to be avoided, so that in this way they may obtain the grace of conversion (VII, 162, 163).

5. He is deprived of the USE OF ECCLESIASTICAL JURISDICTION; of licit and valid use indeed, if he is to be avoided; but only of licit use, if he is tolerated.

Hence, with exceptions to be excepted, as above n. 2, one to be avoided can neither licitly nor validly issue a law, pronounce sentence, give absolution, present or elect to a benefice. Indeed one excommunicated by name cannot validly assist at marriage, as also neither can one who by public Decree was suspended from office; furthermore, they cannot validly delegate another (Wouters, In Decr. Ne temere, p. 50). - One tolerated indeed can exercise acts of jurisdiction validly, because of the common good; but he exercises illicitly, unless he has been requested, or compelled by necessity (Can. Cont., 26, p. 609).

6. He is deprived of the RIGHT TO BENEFICES, ecclesiastical offices, and Rescripts; that is, any excommunicated person, whether to be avoided or tolerated, is incapable of the aforesaid; in such a way that presentation, election, nomination or provision, dispensation, in his favor, is by the law itself null and gravely illicit, both on the part of the one conferring and on the part of the one accepting. This incapacity is had even because of an occult or unknown censure, as is more commonly and more truly taught; and hence it is why a Superior, in conferring dignities, offices, benefices, or pensions, and likewise the Pope in issuing Rescripts, is accustomed to absolve for caution.

• Nevertheless Rescripts of the Sacred Congregations, in which faculties are conceded, for example of reading prohibited books, blessing rosaries, etc., are valid, at least for the forum of conscience, notwithstanding occult excommunication (Sacred Penitentiary, 9 Sept. 1898). Likewise, an excommunicated person is not deprived of a benefice which was conferred before the excommunication was incurred; nor of the fruits of the same, if by himself or through another he has fulfilled the burdens. But he can be deprived of both, through sentence, if for a year he grows filthy in the censure (VII, 180-185, where there are many things).

7. He is deprived of FORENSIC COMMUNICATION, that is, of the right of acting in ecclesiastical judgment, formerly also in civil judgment, from Roman Law.

Hence an excommunicated person to be avoided cannot be judge, advocate, plaintiff, witness, procurator, etc.; nor can he discharge the offices of curator, tutor, executor of a testament, etc. One tolerated indeed acts validly in all these things, but he can juridically be repelled by exception, both by the adversary and by the judge; for each can pursue appeal (VII, 184).

8. He is deprived of CIVIL COMMUNION with the faithful. This imports that neither the excommunicated person himself can communicate with others, nor others with him, in a civil and political matter, by way either of society or conversation, unless a grave cause excuses.

But these things are to be understood only of those to be avoided; for although the privilege of Martin V, concerning which above n. 1290, 2, does not directly favor tolerated persons, since it was given in favor of the faithful, nevertheless from present-day custom, or, as others prefer, because of good faith, these no longer sin by communicating in civil matters with the faithful, even if they have not been requested by them (VII, 138).

Note. According to many authors (cf. Lehmkuhl, II, 1129; Ami du Cl., 1900, p. 129; 1904, p. 701), even as regards those to be avoided, these things have fallen into desuetude in our times.

9. Finally he is deprived of ECCLESIASTICAL BURIAL, namely in a place blessed for the burial of the faithful.

Moreover: a) If an excommunicated person to be avoided, impenitent, has been buried in a sacred place, his corpse must be extracted, if this can still be done, and the sacred place must be reconciled. But if he died with signs of penitence, his body ought before burial to be absolved from censure, or afterward, if he has already been buried (VII, 186). b) A tolerated excommunicated person, if he was notorious and impenitent, is likewise deprived of ecclesiastical burial; and his corpse, from a sacred place, must similarly be extracted. Nevertheless the place is not judged polluted, and therefore does not need expiation (VII, 187; Ferraris, v. Sepultura, n. 202). c) As regards those commanding or compelling notorious heretics, or those excommunicated or interdicted by name, to be handed over to ecclesiastical burial (cf. n. 1351 and 1385).

1293. It was asked: If someone notoriously bound by ecclesiastical censure should die, and according to the sacred canons and the norms handed down by Doctors concerning this matter, he must altogether lack ecclesiastical burial, and if, with grave threats, funeral rites and ecclesiastical burial itself are obstinately demanded, how ought the parish priest conduct himself in a case of this kind?

The Sacred Penitentiary, 10 Dec. 1860, responded: "Care must be taken that all things be done according to the norm of the sacred canons; but insofar as this cannot be obtained without danger of disturbances and scandal, the parish priest should in no way concur, either by himself or through other priests, in the funeral rites and burial" (A. S. S., I, p. 563, n. 21).