Case 7. Is He to be Avoided?

By a decree of the Vicariate of the City dated October 29, 1907, it was declared unlawful under mortal guilt to sell, read, or retain the book whose title is The Program of the Modernists. By the same decree Pius X afflicted “the authors and writers and all others who in any way contributed labor to the preparation of this book with the penalty of excommunication reserved to himself alone.” The Supreme Pontiff adds [restoring a duplicated-syllable printing error from the official decree] that this decree is to have effect just as if it had been delivered into the hands of each one of the said authors and writers, and that if they are priests and exercise an act of Order, they will incur irregularity. Titius, therefore, a priest who furnished certain notes to the writers of that book, asks whether he is on that account excommunicated by name, and to what effects either of excommunication or of irregularity he would be subject if, while excommunicated, he presumed to perform priestly offices. It is requested that Titius be satisfied insofar as possible.

Titius furnished some notes for the composition of the book entitled Il programma dei modernisti with knowledge of the use to which they were to be put, as we presume. Pius X excommunicated the authors and all others who in any way helped to compose this book. Titius therefore fell under the excommunication. He wished to know whether he was excommunicated by name and to be avoided. The answer is No, for as Génicot says: “ Not every notorious excommunicated person, nor those who have merely been declared excommunicated together with other participants in the same crime by some general expression but have not been designated by their proper name or by a title equivalent to a name, are to be avoided. ” (II, 581).

Titius further wishes to know what would be the consequences of his performing priestly duties in spite of the excommunication. As being under excommunication he would commit grave sin if without necessity and without being asked to do so by the faithful, he were to administer the sacraments of his own accord. He would also commit grave sin if he were to say Mass. By solemnly exercising these functions of a priest Titius would also incur irregularity, and if he remained under censure for a whole year without seeking absolution, he would become suspect of heresy.