Section — Marc, Institutiones Morales
§ 2. ON THE EFFECTS OF EXCOMMUNICATION WITH RESPECT TO THE FAITHFUL
Excommunication directly binds only delinquents, but indirectly it also binds the faithful, especially clerics.
- PRINCIPLES. I. We can avoid tolerated excommunicated persons, but we are not bound. We can avoid them, if they are notorious, because they do not have a right to communion with the faithful; but we are not bound, because, although they sin (cf. n. 1292, 3 and 8), we can use the privilege of Martin V even in sacred matters, for example admit them as sponsors in Baptism or Confirmation. Sacred Penitentiary, 5 Jul. 1856.
These things indeed by force of ecclesiastical law; but divine law prohibits that the sacraments be conferred on an excommunicated person even tolerated, unless a just cause excuses (cf. n. 1423, 1425). The law of avoiding scandal or danger of seduction, the law of fraternal correction, the law of faith, which forbids communion with heretics, at least in divine things, etc., can prohibit the very same (cf. n. 447).
- II. We are bound to avoid excommunicated persons not tolerated; namely in acts which are prohibited to them by censure or sentence.
Thus commonly from the Council of Constance, and from the Bull of Martin V; the Response of the Holy Office, 9 Jan. 1884, accedes (Anal. eccl., VII, p. 5).
But the acts in which it is not licit commonly to have fellowship with an excommunicated person TO BE AVOIDED are five, expressed in these little verses:
If for delicts someone is made anathema,
Mouth, to pray, farewell, communion, table are denied.
It is said: 1. MOUTH, that is, the kiss of peace, conversations, letters, more probably also a written reply, gifts, and any sign of benevolence. 2. TO PRAY, that is, communication in divine things; whether public, which is forbidden of itself under grave obligation, as is clear from n. 1294, and sometimes under penalty of excommunication reserved to the Pope (n. 1344), or interdict (n. 1377); or even private, which, commonly, is prohibited only under light obligation. 3. FAREWELL, that is, salutation or signification of honor, made from the mind; but not, probably, that which is made to avoid the note of incivility, contumely, or contempt. 4. COMMUNION, that is, any society of business, habitation, contract, cooperation, etc. But one communicating with an excommunicated person named by the Pope, in a criminal crime, namely in that for which he was excommunicated, incurs excommunication reserved to the Roman Pontiff, as is to be seen n. 1343. 5. TABLE, that is, common life and banquets by way of society and commerce; such as it is not if by chance you fall into the same inn, journey, table, indeed bed (VII, 188-195).
- Just causes can excuse reciprocal communication between one to be avoided and the faithful, outside divine things. Whence by law these excuse: utility, particular law, state of subjection, ignorance, and necessity.1
We have said: 1. Utility, whether spiritual or bodily, both one's own and that of the excommunicated person. Hence it is licit to seek from him a debt, counsel, help, if another suitable person is lacking; to continue a society entered into with him, but not to institute new contracts. 2. Particular law, namely matrimonial law, by which spouses are bound to live together and to furnish mutual offices to one another. Except if divorce has been made, and if excommunication has been issued because of heresy or because of doubt concerning the validity of the marriage. And more truly, communication in divine things is never conceded, because it is not a due service. 3. State of subjection, in which namely a son, grandson, great-grandson, daughter-in-law, owes reverence to parents, a servant to a master, a soldier to a leader, and generally a subject to a Superior. - 4. Ignorance, whether of law or of fact, even crass, as is more commonly and probably taught. 5. Grave necessity, whether spiritual or temporal, both of the one communicating, and of the excommunicated person, or of others. Thus grave fear unjustly instilled likewise excuses; because human law does not oblige with grave inconvenience (VII, 200-206; H. Ap., XIX, 23).
- IT IS ASKED. What kind of sin is it to communicate without just cause with one to be avoided?
Resp. 1. It is a grave sin if you communicate in divine things, unless smallness of matter excuses; or in contempt of the prohibition of the Church; or in a criminal crime (cf. n. 1343). And the same must more probably be said if communication in civil matters is frequent with the intention of often repeating it; but this is also probably denied. 2. In other acts, of its kind, it is venial (VII, 196-198).
1 Whence it is said:
Useful, law, humble, thing unknown, necessity:
These five release anathema, lest it be able to harm.
- Note. In doubt whether someone is to be avoided, attention should be given to this twofold rule: 1. The obligation begins of avoiding him, of refusing him sacraments, etc., even in another diocese, when the sentence of excommunication and denunciation is established by public fame, or by two trustworthy witnesses, or at least by one of grave authority. 2. The obligation ceases when it is established concerning the absolution of the same, even through one trustworthy witness; indeed through the excommunicated person himself, if he is worthy of trust, and asserts that he was absolved. When doubt remains, either concerning denunciation or concerning absolution, it is not licit, if he is a priest, to confess before him, because of danger of frustration of the sacrament (VII, 145, 146, 207; H. Ap., XIX, 26).