Section — Prümmer, Manuale Theologiae Moralis
§ 1. On The Power Of Imposing Censures
477. Principle 1. There exists in the Church the power of imposing censures.
This is proved, first, from the Council of Constance, which condemned the thirtieth proposition of John Wyclif: "The excommunication of the Pope or of any prelate whatsoever is not to be feared, because it is a censure of Antichrist."42 Moreover, if Wycliffites or Hussites wished to return to the Church, they had to answer this question: "Whether he believes that the Pope or another prelate ... can excommunicate his ecclesiastical or secular subject because of disobedience or contumacy, so that such a one is to be held as excommunicated."43
It is proved, second, from Sacred Scripture; for St. Paul delivered a certain one to Satan, "that the spirit may be saved in the day of our Lord Jesus Christ";44 but by this delivering to Satan is understood excommunication. Christ the Lord said: "But if he will not hear the Church, let him be to thee as the heathen and the publican."45
Moreover, if the Church has coercive power, as was proved above in n. 473, she must also have the power of imposing censures, as is evident of itself.
42 Denz. n. 610; cf. also proposition 19 of John Huss (Denz. n. 645).
43 Denz. n. 681.
44 1 Cor. 5:3-5.
45 Matt. 18:17.
478. Principle 2. The ordinary power of imposing censures rests with all and only ecclesiastical prelates having unimpeded jurisdiction in the external forum.
The reason is that the faculty of punishing with so grave a penalty as a censure is most fittingly reserved to prelates having jurisdiction in the external forum.
Those possessing a power of this kind are:
The Supreme Pontiff and an ecumenical council, for the whole Church.46
Legates a latere within the territory of their legation (by mandate of the Supreme Pontiff).47
Bishops over their subjects48 (but not a vicar general without a special mandate).
The chapter of a cathedral church (before a vicar capitular has been elected; when he has been elected, the power of the chapter passes to him), and the vicar capitular while the episcopal see is vacant.49
Prelates nullius and similar prelates who have jurisdiction in the external forum.50
Provincial councils, and likewise chapters of religious orders.
As regards these chapters and, generally, as regards religious superiors, legitimately approved particular statutes are to be observed.
Note. Pastors have no ordinary power of imposing censures. Thus, at least, according to the discipline in force.51 Cardinals appear to have the ordinary faculty of imposing censures in the churches of their title.52
46 Cf. c. 1, I 8 Extrav. comm.
47 Code of Canon Law, c. 266.
48 If a censure is reserved to the Apostolic See, the Ordinary cannot impose upon the same delict another censure reserved to himself (Code of Canon Law, c. 2247, § 1). During a canonical visitation the Metropolitan can impose censures in the dioceses of his suffragans (ibid., c. 274, n. 5). The vicar general of a bishop, without a special mandate, does not have the power of inflicting censures and other ecclesiastical penalties (ibid., c. 2220, § 2).
49 Council of Trent, sess. 24, c. 10, de reform.
50 c. 10, X 1, 33; c. 8, X 3, 35.
51 Cf. St. Thomas, 4, dist. 18, q. 2, a. 2, sol. 1; St. Alphonsus, Theol. mor. l. 6, n. 11.
52 Cf. Code of Canon Law, c. 240, § 2.
479. Principle 3. The delegated power of imposing censures rests with clerics alone, to whom it has been legitimately committed by one having ordinary power.
Thus, at least, according to the discipline in force. A layman can indeed be delegated by the Supreme Pontiff to exercise ecclesiastical jurisdiction in the external forum, and this appears actually to have been done in the famous "Sicilian Monarchy."53 A woman, however, does not appear able to impose censures even by a delegated faculty. Hence St. Thomas54 says: "A woman cannot have any spiritual jurisdiction, ... whence she has neither the key of order nor the key of jurisdiction." When, however, in the Decretals55 an abbess is said to be able to suspend clerics subject to her from office or benefice, there is not conceded to her the faculty of imposing a censure properly so called, the violation of which would induce irregularity; rather, such suspension is taken in a broad sense for a precept by which the abbess prohibits a cleric in some manner subject to her from the celebration of Mass until he has made satisfaction, meanwhile withholding revenues from him.56 - Every cleric initiated by the first clerical tonsure is capable of ecclesiastical jurisdiction, and therefore the faculty of imposing censures can be entrusted to him.
53 Cf. Sentis, Die "Monarchia Sicula" (Freiburg im Breisgau, 1869), 2 ff.
54 4, dist. 19, q. 1, a. 1, sol. 3 ad 4.
55 c. 12, X 1, 33.
56 Cf. St. Alphonsus, Theol. mor. l. 7, n. 11 ff. The holy Doctor thinks that opinion more probable which teaches that not even from the plenitude of power can the Pope delegate to a woman the power of imposing censures. Ballerini teaches the contrary (in the notes to Gury II, n. 943), and very many authors with him. Since this controversy is merely theoretical, without any practical utility, we omit it here for the sake of brevity. - A curious example of the jurisdiction of the Abbess of the Monastery of St. Mary of Las Huelgas, who still in the year 1868 contended that she possessed quasi-episcopal jurisdiction, may be seen in Anal. eccl. VI (1898), 257.