appendix — Noldin, Summa of Moral Theology

Appendix II. Excommunications.

¶1.

I. They incur an excommunication reserved to the Apostolic See in a most special manner:

  1. Those who have thrown away the consecrated species, or have carried them off or retained them for an evil end (can. 2320).

  2. Those who have laid violent hands upon the person of the Roman Pontiff (can. 2343).

  3. One absolving or pretending to absolve an accomplice in a base sin; and this even in the article of death, if another priest, though not approved for confession, can hear the confession of the dying person without some grave infamy and scandal arising, except in the case in which the dying person refuses to confess to another.

The same excommunication is not escaped by one absolving or pretending to absolve an accomplice who indeed does not confess the sin of complicity, from which he has not yet been absolved, but therefore acts in this way because he has been induced to this by the accomplice-confessor either directly or indirectly (cn. 2367).

  1. A confessor who has presumed directly to violate the sacramental seal (cn. 2369).

II. They incur an excommunication reserved to the Apostolic See in a special manner:

  1. All apostates from the Christian faith, and all and individual heretics or schismatics (cn. 2314).

  2. One suspected of heresy, who, having been admonished, does not remove the cause of suspicion and suffers in vain the penalties therefore to be inflicted, if within six completed months from the contracted penalty he has not yet corrected himself, is to be held as a heretic, subject to the penalties of heretics (cn. 2315).

According to the new law, the following become suspected of heresy:

a. Those who in any way spontaneously and knowingly aid the propagation of heresy.

b. Those who communicate in divine things with heretics (having an active part in their sacred rites).

c. Those who enter matrimony with an implicit or explicit pact that some offspring be educated outside the Catholic Church.

d. Those who knowingly presume to offer their children to non-Catholic ministers to be baptized.

e. Parents or those holding their place, who knowingly hand over children to be educated or instructed in a non-Catholic religion.

f. One who has thrown away the consecrated species, or has carried them off or retained them for an evil end.

g. Those appealing from the laws or mandates and decrees of the Roman Pontiff to a universal Council.

h. One who with an obstinate mind has remained for a year in excommunication.

i. All, even those of episcopal dignity, who through simony knowingly have promoted to orders or have been promoted, or have administered or received other sacraments.

  1. Publishers of books of apostates, heretics, and schismatics which defend apostasy, heresy, schism, after the work has been made of public right; likewise those defending the same books or others forbidden by name through apostolic letters, or knowingly reading or retaining them without due license (cn. 2318).

  2. All and individual persons, of whatever state, grade, or condition, even royal, episcopal, or cardinalitial, who appeal from the laws, decrees, and mandates of the Roman Pontiff existing for the time to a universal council (cn. 2332).

  3. Those having recourse to the lay power in order to impede letters or any acts whatever proceeding from the Apostolic See or from its legates, or those directly or indirectly prohibiting their promulgation or execution, or on their account harming or terrifying either those to whom the letters or acts pertain, or others (cn. 2333).

Thus you have three classes of those who are subject to this censure:

a. those having recourse to the lay power;

b. those prohibiting promulgation or execution;

c. those harming or terrifying anyone at all on account of those acts.

  1. Those who publish laws, mandates, or decrees against the liberty or rights of the Church.

Those who directly or indirectly impede the exercise of ecclesiastical jurisdiction, whether of the internal or external forum, having recourse for this to any lay power (cn. 2334).

  1. If anyone has dared to draw before a lay judge any of the cardinals or legates of the Apostolic See, or the major officials of the Roman Curia on account of business pertaining to their office, or his own ordinary, without the permission of the Apostolic See (cn. 2341, 120).

  2. Those who have laid violent hands upon a cardinal or legate of the Roman Pontiff, upon a Patriarch, Archbishop, Bishop, even titular only (cn. 2343).

  3. One not promoted to the priestly order, who has simulated the celebration of Mass or heard sacramental confession (cn. 2322).

  4. Those usurping or detaining, by themselves or through others, goods or rights pertaining to the Roman Church (cn. 2345).

  5. All fabricators or falsifiers of letters, decrees, or rescripts of the Apostolic See, or those knowingly using the same letters, decrees, or rescripts (cn. 2369).

  6. If anyone by himself or through others has falsely denounced a confessor before superiors for the crime of solicitation . . . nor can he be absolved in any case unless he has formally retracted the false denunciation and, according to his powers, repaired the harms, if any have followed from it, with a grave and long penance imposed besides (cn. 2363).

III. They incur an excommunication simply reserved to the Apostolic See:

  1. Those giving their name to the Masonic sect or to other associations of the same kind which plot against the Church or legitimate civil powers (can. 2335).

Clerics and religious giving their name to a sect or association of this kind must furthermore be denounced to the Sacred Congregation of the Holy Office (cn. 2336).

  1. Those presuming without due faculty to absolve from an excommunication latae sententiae reserved to the Apostolic See in a most special or special manner (can. 2338, 1).

  2. Those furnishing any aid or favor to an excommunicated person to be avoided in the delict on account of which he was excommunicated; likewise clerics knowingly and spontaneously communicating with the same person in divine things and receiving him in divine offices (cn. 2338, 2).

  3. If anyone has dared to draw before a lay judge another's bishop (not his own), even merely titular, or an abbot or prelate nullius, or any of the major superiors of religions of pontifical right, on account of business pertaining to their office, without permission of the Apostolic See (cn. 120).

  4. Violators of the cloister of nuns, of whatever kind, condition, or sex they are, by entering their monasteries without legitimate license; and likewise those introducing or admitting them.

Women violating the cloister of male regulars, and superiors and others, whoever they may be, introducing or admitting them of whatever age (cn. 2342).

Nuns illegitimately leaving the cloister even for a brief time, on whatever pretext, without special indult of the Holy See, except in the case of imminent danger of death or of another most grave evil. This danger, if time permits, must be recognized in writing by the local ordinary (cn. 2342, 3, 601).

  1. If anyone has presumed, by himself or through others, to convert and usurp for his own uses ecclesiastical goods of any kind, whether movable or immovable, whether corporeal or incorporeal, or to impede the fruits or revenues from the same from being received by those to whom they belong by right, he is subject to excommunication until he has fully restored the goods, has removed the aforesaid impediment, and has then obtained absolution from the Apostolic See (cn. 2346).

  2. Those perpetrating a duel, or simply provoking another to it or accepting it, or furnishing any assistance or favor, as well as those deliberately watching it and those permitting it or, as far as lies in them, not prohibiting it, of whatever dignity they may be (cn. 2351).

  3. Clerics constituted in sacred orders, or regulars or nuns after the solemn vow of chastity, and likewise all presuming to contract matrimony, even civilly only, with any of the aforesaid persons (cn. 2358).

  4. Those making profit from indulgences (cn. 2327).

  5. Those perpetrating the delict of simony in any ecclesiastical offices, benefices, or dignities (cn. 2392).

  6. A vicar capitular or any others, both from the chapter and outsiders, who by themselves or through another have removed or hidden or substantially changed any document pertaining to the episcopal curia (cn. 2405).

IV. They incur an excommunication reserved to the Ordinary:

  1. Catholics who enter matrimony before a non-Catholic minister.

  2. Those who are united in matrimony with an explicit or implicit pact that all or some offspring be educated outside the Catholic Church.

  3. Those who knowingly presume to offer their children to non-Catholic ministers to be baptized.

  4. Parents or those holding the place of parents, who knowingly hand over children to be educated or instructed in a non-Catholic religion (cn. 2319).

  5. One who makes false relics, or knowingly sells, distributes, or exposes them to the public veneration of the faithful (cn. 2326).

  6. One who has laid violent hands upon the person of other clerics (other than the Roman Pontiff, a cardinal or legate of the Roman Pontiff, a patriarch, archbishop, bishop, or even titular bishop), or of religious of either sex (cn. 2343).

  7. Those procuring abortion, the effect having followed, the mother not excepted (cn. 2350).

  8. Professed of perpetual simple vows, both in orders and in religious congregations, and likewise all presuming to contract matrimony with such persons, even civilly only (cn. 2388, 2).

  9. Apostates from a lay or non-exempt religion (cn. 2385).

An apostate from another religion is subject to an excommunication reserved to the major superior of his own religion.

V. They incur an excommunication reserved to no one:

  1. Authors and publishers who, without due license, take care that books of sacred Scripture or their annotations or commentaries be printed, after the work has been made of public right (cn. 2318, 2).

  2. Those who have dared to command or compel to be handed over to ecclesiastical burial infidels, apostates from the faith, heretics, schismatics, or others either excommunicated by sentence or interdicted (cn. 2339).

  3. Those presuming to alienate (and those cooperating or consenting) ecclesiastical goods without apostolic approval, when this is prescribed (cn. 2347).

  4. All, shining even with whatever dignity, who in any way compel either a man to embrace the clerical state, or a man or woman to enter religion or to emit profession, whether solemn or simple, whether perpetual or temporary (cn. 2352).

  5. A faithful person who knowingly has omitted, within a month, to denounce him by whom he was solicited, is not to be absolved unless after he has satisfied the obligation or has seriously promised that he will satisfy it (cn. 2368, 2).