§ 3. ON THE CAUSE OR MATTER OF CENSURE

1263. PRINCIPLE. Censures are not usually inflicted except because of a grave, external sin, consummated in its own genus, conjoined with contumacy. Thus from the use and practice of the Church. Therefore, unless the law expresses otherwise, all these conditions are required for the validity and effect of the censure. If doubt is present in relation to the enumerated conditions, see below n. 1273.

There must be present: 1. SIN: for censures are medicinal penalties, as has been said (n. 1251).

Among censures, however, there is this distinction: a) excommunication, as being the gravest penalty, is not inflicted except because of personal fault; b) but suspension and interdict can be issued against a community, because of its fault or that of its head, so that they even bind the innocent, insofar as and as long as they belong to the community. To this pertains Rule 23 of Law in the Sixth: "Without fault, unless a cause is present, someone is not to be punished." Yet it is probable that suspension and interdict, for those who have admitted no fault, do not assume the nature of a true censure, but rather of a simple privation, whose violation, although culpable, does not carry irregularity with it.

2. GRAVE, either of itself, by reason of matter, or from an adjoined circumstance of scandal, danger, intended end, and the like. The reason is that a penalty, by both natural and divine Law, ought to be proportionate to the fault (VII, 31).

In doubt concerning the gravity of the matter, a precept imposed under censure obliges, because the power of the Superior possesses. But prelates ought carefully to beware lest they burden subjects with censures because of matters not so grave, when it is not established for them that those matters conduce greatly to a good end. These things are to be understood of a grave and properly so called censure; for suspension or interdict for a short time, and depriving one only of some use, can be inflicted because of venial sin, as is commonly taught (VII, 337).

3. EXTERNAL, although perhaps it remains occult; for the Church, in the external forum, does not judge concerning merely internal sins: therefore neither can she punish them. Indeed, for a grave censure, the sin ought to be grave as to the substance of the external work.

Whence a mortal act from evil intention alone, or from an erroneous conscience, does not suffice. Thus, for example, he does not incur excommunication who strikes a cleric altogether lightly, although with the intention of killing him; nor he who strikes a table, or says: "so it is," intending to confirm an internal heresy etc.; nor finally he who falsely thinks himself to violate a law, for example by reading a book which he believes to be condemned: for all these indeed sin against conscience, but not against Canon Law (VII, 34).

4. CONSUMMATED IN ITS OWN GENUS, that is, completed in work and indeed as to the lowest species; unless the words of the law express otherwise. The reason is that penalties and odious things are to be restricted. Hence he is not bound by censure who only counsels some crime, if in the law no others than the perpetrators are noted; but he will be bound if the law also designates counselors, or those cooperating in any way.

Wherefore St. Alphonsus notes: a) If the censure is issued principally against doers, and accessorily against commanders, counselors, etc., the commander, counselor, or one casting a vote does not incur it if the command, counsel, or vote did not effectively influence the crime, or if the crime was not carried through to effect. Thus, for example, he is exempted from excommunication who gave a command or counsel to him who was already prepared to perpetrate the delict; likewise, the one commanding a cleric to be struck is exempted if in reality the striking did not happen. And the same must probably be said if it is doubted whether the command or counsel influenced. b) On the contrary, if the censure is issued principally against commanders, counselors, etc., it is incurred as soon as the command or counsel is given, although the effect does not follow. The reason is that then the censure is imposed precisely because of the command or counsel, and not because of the work to be caused from the command or counsel (VII, 36-39).

5. CONJOINED WITH CONTUMACY, which indeed imports at least virtual contempt of the censure.1 For it is clear from the use of the Church and from the nature of censure that this is not incurred except by him who spurns the warnings of the Church, or who, after the precept or statute of the Superior issued under penalty of censure has been known, does not desist from sin. The words of Christ indicate the same, saying (Matt. 18:17): But if he will not hear the Church, let him be to thee as the heathen and the publican (VII, 43, 54).

1264. From these things you will gather: a) Censure cannot be inflicted because of a PAST sin, for example blasphemy, unless this has, as they say, a successive tract into the future. - Therefore, because of theft someone can be excommunicated if, warned under penalty of censure, he refuses to restore. - Apply the same to the case of scandal given and not yet repaired.

b) More probably censure is not incurred if someone, BEFORE the evil work is consummated, revokes the command or counsel as much as he can, or, not being able to impede the consummation of the delict, at least warns the one to be injured that he should take care for himself. - Likewise, one who gave poison to a cleric, and before the poison begins to operate retracts his intention and sees to it that the effect is impeded, probably does not incur excommunication. - The reason is that, in these cases, the delinquent is no longer contumacious at the time at which the sin can be said to be consummated in work. - Nevertheless, restitution is subject to other rules, as was seen n. 949.

Note. Some authors with Ballerini indeed defend another opinion, but the opinion of the holy Doctor seems safe to us (cf. Vind. Alph., P. VIII, q. 1).

1 Virtual contempt is present if someone habitually knows that such an action is prohibited under penalty. Others use the name: general contempt.