Article I. On The Notion And Division Of Censure

475. Notion. A censure is a medicinal ecclesiastical penalty by which a baptized, delinquent, and contumacious man is deprived of the use of certain spiritual goods or of goods annexed to spiritual goods (c. 2241, § 1).

This is explained: The name censure signified in the ancient Roman law the office of the censor, who entered the census, that is, the description of persons and goods, into the censorial tables and branded delicts perpetrated against public morality with a censorial mark.³² In ecclesiastical law, however, censure has a threefold signification, namely: 1. in the first centuries of the Church, censure signifies any ecclesiastical penalty whatever (whether vindicative or medicinal), for example, public penances, excommunication, deposition; 2. from the time of Innocent III³³ (the thirteenth century), censure began to be restricted to the penalties or sentences of excommunication, suspension, and interdict; 3. censure signifies the examination and approval of a book to be published.³⁴ This censure is properly called preventive censure, and in this sense Leo XIII enacted most wise laws "concerning the censure of books."³⁵ - The definition given is valid only for censure taken in the second sense.

It is called, first, "a penalty," and therefore it presupposes fault and is distinguished from irregularities, which are either solely or at least principally incapacities.

It is called, second, "ecclesiastical and medicinal," because a censure is inflicted by ecclesiastical power as a medicine, that is, for the amendment of the delinquent. Therefore: 1. if the amendment of the delinquent has truly been obtained, absolution from censures not only can, but must, be given;³⁶ 2. a censure cannot be imposed because of a merely past delict which does not have - as they say - a successive continuance, or which has already been amended; 3. a censure cannot be imposed for a determinate time, nor even simply in perpetuity; for when the amendment of the delinquent arrives, then the censure is to be removed, as was already said; 4. a censure can be imposed even upon those whose amendment is nearly despaired of; for a censure is imposed not only for the amendment of the delinquent, but also (although secondarily and accidentally) for the punishment of the delict committed and for instilling terror in others; moreover, the amendment of no living man is to be altogether despaired of. But no censure properly so called is to be imposed upon the dead.

Note. Suspension and interdict are sometimes inflicted not as censures, but as vindicative penalties; excommunication, however, is always inflicted as a true censure. Hence Innocent III says: "Since excommunication is medicinal, not deadly; disciplining, not uprooting, provided, however, that the one against whom it has been imposed does not despise it: let the ecclesiastical judge cautiously provide that, in imposing it, he show himself to pursue that which belongs to one correcting and healing" (c. 1, V 11 in VI^o).

It is called, third, "by which a baptized, delinquent, and contumacious man." By these words are indicated the conditions required for a censure on the part of the subject and of the object. These will be treated specifically below, n. 481 ff.

It is called, fourth, "is deprived of the use of certain spiritual goods or of goods annexed to spiritual goods." By these words the effect of a censure is indicated. Since a censure is an ecclesiastical penalty, it deprives one only of the use of those goods of which the Church freely disposes, for example, the administration and reception of the sacraments, offices, benefices, and so forth. Hence a censure: a) does not deprive one of spiritual goods which proceed immediately from Christ, such as the sacramental character, the power of order, habitual or actual grace, the virtues, and so forth; for these goods do not depend upon the Church; b) does not deprive one of those spiritual goods which are produced by individual men, such as the good works and prayers of the faithful; the reason is that not even these goods depend upon the Church, since she has no power to impede the communion of saints; hence it is lawful to pray privately for an excommunicate even when he is one to be avoided; c) does not deprive one of the spiritual goods themselves, but only of their use; for a censure must be a medicinal penalty and therefore must be inflicted by way of a bond easily dissolved as soon as the guilty person has withdrawn from contumacy.³⁷

The goods of whose use an ecclesiastical censure deprives one are principally spiritual; nevertheless, per accidens and secondarily, the use even of temporal goods which are annexed to spiritual goods is taken away, for example, civil communication with the other faithful, the revenues of a benefice, and so forth.

³² Cf. Wernz, Ius Decretal. V, 144.

³³ Cf. c. 20, X 5, 40.

³⁴ Censure in this sense is sometimes taken more broadly for a judgment as to whether some thing is worthy of praise or blame.

³⁵ Constitution Officiorum ac munerum, January 25, 1896, tit. 2.

³⁶ Code of Canon Law, c. 2248, § 2.

³⁷ Cf. Laymann, Tract. de cens. eccl., P. 1, c. 1, n. 2.

476. Division of Censures. The principal divisions appear to be the following:

1. By reason of species, censures are divided into excommunication, suspension, and interdict.³⁸

No other species of ecclesiastical penalties is contained under the genus of censure. Therefore, for example, deposition, degradation, irregularities, and so forth, are not censures.

2. By reason of the efficient cause, censures imposed a iure and ab homine are distinguished.

Censures are imposed a iure if they are inflicted against future sins through a stable law or general statute; but they are imposed ab homine by way of a sentence or particular precept, as when a bishop suspends some determinate cleric from office because of a crime committed.

3. By reason of the manner, censures latae sententiae and ferendae sententiae are distinguished.

Censures latae sententiae are incurred by the very fact of the crime committed, without a condemnatory sentence. In the external forum, a declaratory sentence concerning the crime is indeed often still customarily required, but in the internal forum not even this declaratory sentence is required in order that such a censure be truly incurred by the very fact that the crime was committed.³⁹ Censures ferendae sententiae are incurred in neither forum except after a condemnatory sentence of a judge.

4. By reason of the power of absolving, censures are distinguished as reserved and non-reserved, according as they can be removed either by the one imposing them alone (or by his superior, successor, or one specially delegated), or also by inferior ministers.

The reserved censures existing today are reserved: 1. to the Supreme Pontiff, and indeed a) in the most special manner; b) in a special manner; c) simply;⁴⁰ 2. to bishops; 3. to religious superiors for their subjects.⁴¹

³⁸ Cf. c. 20, X 40.

³⁹ Cf. Cappello, De cens., nn. 4, 6, 74.

⁴⁰ Code of Canon Law, c. 2245, § 3.

⁴¹ Cf., however, the decree of the Sacred Congregation of Religious, August 5, 1913, related above in n. 417.