§ II. On the effects of excommunication

Some effects of excommunication are mediate, but others immediate, according as they arise only from violation of the censure or from the censure itself. - Two mediate effects are chiefly numbered, namely: 1°. irregularity, which the excommunicated person incurs by exercising an act of some Order, for example, by conferring sacraments; 2°. suspicion of heresy, into which he falls who obstinately persists for a whole year in excommunication.

§ 1. If someone, with hardened soul, has for a year persisted in the censure of excommunication, he is suspected of heresy.

§ 2. If a cleric has persevered in the censure of suspension for a half-year, let him be gravely admonished, and if, after a month has passed from the admonition, he has not withdrawn from contumacy, let him be deprived of benefices or offices, if perhaps he has any in the Church (Can. 2340).

But eight immediate effects of excommunication are numbered, namely: 1°. privation of divine offices; 2°. privation of reception of the Sacraments; 3°. privation of administration of the sacraments and sacramentals; 4°. privation of indulgences, suffrages, public prayers of the Church; 5°. removal from legitimate ecclesiastical acts; 6°. privation of jurisdiction, whether of licit use or, in the adjuncts, valid use; 7°. privation of election, dignities, etc., privation of the fruits of dignities; 8°. privation of communion in profane matters.

Sacred things, rites, communion, crypt, power, Sacred estates, forum, civil rights are forbidden.

§ 1. Any excommunicated person lacks the right of assisting at divine offices, but not at the preaching of the word of God.

§ 2. If a tolerated person assists passively, it is not necessary that he be expelled; if he is vitandus, he must be expelled, or, if he cannot be expelled, the office must be ceased from, provided this can be done without grave inconvenience; but from active assistance, which carries with itself some participation in celebrating divine offices, not only a vitandus but also anyone after a declaratory or condemnatory sentence, or otherwise notoriously excommunicated, is to be repelled (Can. 2259).

It must be noted that that sentence carries with itself most grave effects, even in relation to him who is not vitandus.

§ 1. Nor can an excommunicated person receive the Sacraments; indeed, after a declaratory or condemnatory sentence, not even Sacramentals.

§ 2. As regards ecclesiastical burial, let the prescription of can. 1240, § 1, n. 2 be observed (Can. 2260).

Unless he is excused by invincible ignorance or grave fear (which nevertheless was not struck in contempt of the censure), an excommunicated person sins gravely, whether vitandus or even tolerated, by receiving the sacraments, because he violates a grave law of the Church. But he validly receives them, with Penance excepted. Indeed not even that excepted, provided he is otherwise disposed, and approaches in good faith on account of invincible ignorance: for then the things required for the substance of the sacrament are present, namely, on the part of the penitent, matter or sufficient sorrow; on the part of the confessor, form, as is supposed, intention and jurisdiction, which is taken from him by no law.

They are deprived of ecclesiastical burial, unless before death they have given some signs of penitence after that aforesaid sentence. Again one must advert to the force of the declaratory sentence.

§ 1. The excommunicated person is prohibited licitly to confect and minister Sacraments and Sacramentals, with the exceptions which follow remaining safe.

§ 2. The faithful, with the prescription of § 3 remaining safe, can for any just cause ask Sacraments and Sacramentals from an excommunicated person, especially if other ministers are lacking, and then the excommunicated person, when requested, can minister the same and is held by no obligation of questioning the cause from the requester.

§ 3. But from excommunicated persons who are vitandi, and also from other excommunicated persons after a condemnatory or declaratory sentence has intervened, the faithful can ask, in danger of death alone, both sacramental absolution according to the norm of can. 882, 2252, and also, if other ministers are lacking, the other Sacraments and Sacramentals (Can. 2261).

All priests, validly and licitly, even if not approved, absolve in the article of death any penitents whatever from any sins and censures whatever, with the obligation of recurring if they have been absolved from a censure ab homine or from one reserved in a most special mode to the Supreme Pontiff.

§ 1. An excommunicated person does not become a sharer in indulgences, suffrages, public prayers of the Church.

§ 2. Nevertheless, there are not prohibited:

1°. The faithful privately praying for him;

2°. Priests privately and with scandal removed applying Mass for him; but, if he is vitandus, only for his conversion (Can. 2262).

Therefore the excommunicated person does not gain indulgences, nor does he enjoy suffrages which arise from the sacrifice of the Mass in the name of the whole Church. Concerning Mass, let those things be compared which have been said in the Treatise on the Sacrifice of the Mass, or On the Eucharist as Sacrifice.

The excommunicated person is removed from legitimate ecclesiastical acts within his limits defined by law in their places; he cannot act in ecclesiastical causes except according to the norm of can. 1654; he is prohibited from discharging ecclesiastical offices or functions, and from enjoying privileges previously conceded by the Church (Can. 2263).

An act of jurisdiction, whether of the external forum or of the internal forum, placed by an excommunicated person is illicit; and, if a condemnatory or declaratory sentence has been brought, also invalid, with the prescription of can. 2261, § 3 remaining safe; otherwise it is valid, indeed also licit, if it has been asked by the faithful according to the norm of the mentioned can. 2261, § 2 (Can. 2264).

Behold again how dreadful an effect of that sentence this is.

§ 1. Any excommunicated person:

1°. Is prohibited from the right of electing, presenting, nominating;

2°. Cannot obtain dignities, offices, benefices, ecclesiastical pensions, or any other function in the Church;

3°. Cannot be promoted to orders.

§ 2. Nevertheless an act placed against the prescription of § 1, nn. 1, 2, is not null, unless it was placed by an excommunicated person who is vitandus, or by another excommunicated person after a declaratory or condemnatory sentence; but if this sentence has been brought, the excommunicated person cannot furthermore validly obtain any pontifical grace unless mention of the excommunication is made in the pontifical rescript (Can. 2265).

After a condemnatory or declaratory sentence the excommunicated person remains deprived of the fruits of dignity, office, benefice, pension, function, if he has any in the Church; and the vitandus of the dignity itself, office, benefice, pension, function (Can. 2266).

The vitandus is deprived both of dignity, etc., and of fruits; after that sentence the excommunicated person is deprived of fruits, but not likewise of dignity, etc.

The faithful must avoid communion in profane matters with an excommunicated person who is vitandus, unless there is question of spouse, parents, children, servants, subjects, and generally unless a reasonable cause excuses (Can. 2267).