C.—Excommunications Simply Reserved to the Holy See

Canon 2237, sec. 2, provides that in occult cases the Ordinary can remit, himself or through another, penalties latae sententiae imposed by common law, except censures very specially or only specially reserved to the Apostolic See. Canon 2327 I. Quaestum facientes ex indulgentiis plectuntur ipso facto excommunicatione Sedi Apostolicae simpliciter reservata. (Those who make gain out of indulgences are punished ipso facto with an excommunication simply reserved to the Apostolic See.)

Quaestum.—Granting or publishing indulgences for money. Canon 2335 II. Nomen dantes sectae massonicae aliisve ejusdem generis associationibus quae contra Ecclesiam vel legitimas civiles potestates machinantur, contrahunt ipso facto excommunicationem Sedi Apostolicae simpliciter reservatam. (Those who give their names to the masonic sect, or to other associations of the same kind which plot against the Church or against the lawful civil powers, contract ipso facto an excommunication simply reserved to the Apostolic See.)

Nomen dantes—Becoming a member of the society.

Sectae massonicae.—The society of Freemasons, Aliisve.—Other societies which are like the Freemasons in that they plot against the Catholic Church or against lawful civil authority, or against both. It is immaterial whether they plot openly or secretly, whether they take a secret oath or an oath of secrecy or not. The only conditions which this canon requires are that the members should form an organized society, a body corporate, and that the society should plot, work by action, speech, writing, against the Church or against lawful civil authority.

Canon 2338 III. Sec. i. Absolvere praesumentes sine debita facultate ab excommunicatione latae sententiae specialissimo vel speciali modo Sedi Apostolicae reservata, incurrunt ipso facto in excommunicationem Sedi Apostolicae simpliciter reservatam. (Those who presume to absolve, without the requisite faculty, from an excommunication latae sententiae reserved to the Apostolic See in a most special or in a special manner, incur ipso facto an excommunication simply reserved to the Apostolic See.)

Praesumentes.—With knowledge of the fact and of the circumstances.

Specialissimo vel speciali—Not simply reserved cases.

Sec. ii. Impendentes quodvis auxilium vel favorem excommunicato vitando in delicto propter quod excommunicatus fuit; itemque clerici scienter et sponte in divinis cum eodem communicantes et ipsum in divinis officiis recipientes, ipso facto incurrunt in excommunicationem Sedi Apostolicae simpliciter reservatam. (Those who give any help or favour whatsoever to an excommunicated person who is to be shunned, in the very offence for which he was excommunicated; and likewise clerics who knowingly and willingly communicate with him in sacred things and receive him into the divine offices, incur ipso facto an excommunication simply reserved to the Apostolic See.) Impendentes——Giving any sort of material assistance, help, support, or moral encouragement and support.

Vitando.—To an excommunicate who is to be avoided.

Delicto——Precisely in the crime on account of which he is excommunicated.

Clerici recipientes—-The rector of a church allowing him to say Mass, etc., not others who assist at it.

Scienter et sponte-——Crass ignorance and fear excuse from the censure.

In divinis —In divine worship, not in secular matters. Canon 2341 IV. Si quis contra praescriptum [privilegii fori] ausus fuerit ad judicem laicum trahere . (If anyone, against the prescription of the privilege of the forum, shall have dared to drag before a lay judge) . . alium Episcopum etiam mere titularem, aut Abbatem vel Praelatum nullius, vel aliquem ex supremis religionum juris pontificii Superioribus excommunicationem latae sententiae Sedi Apostolicae simpliciter reservatam incurrit. (another Bishop even merely titular, or an Abbot or Prelate nullius, or one of the supreme Superiors of religious orders of pontifical right, incurs an excommunication latae sententiae simply reserved to the Apostolic See.) See above, p. 272 f. Canon 2342 Y. Plectuntur ipso facto excommunicatione Sedi Apostolicae simpliciter reservata: (There are punished ipso facto with an excommunication simply reserved to the Apostolic See:)

(z) Clausuram monialium violantes, cujuscumque generis aut conditionis vel sexus sint, in earum monasteria sine legitima licentia ingrediendo, pariterque eos introducentes vel admit ((1) Those who violate the enclosure of nuns, of whatever kind or condition or sex they may be, by entering their monasteries without lawful permission, and likewise those who bring them in or admit them;) tentes; quod si clerici sint, praeterea suspendantur per tempus pro gravitate culpae ab Ordinario definiendum. (and if they be clerics, let them besides be suspended for a time to be determined by the Ordinary according to the gravity of the fault.)

(3) Moniales e clausura illegitime exeuntes contra praescriptum Can, 601.

Clausuram monialium—The papal enclosure of nuns with solemn vows. The enclosure comprises the whole convent except the church and adjoining sacristy and the parlour near the door, Violantes—By going into the enclosure without leave of the Holy See. Canon 600 gives the exceptions, which are: The local Ordinary and regular superior with companions on visitation, the confessor, civil rulers with their wives and attendants, Cardinals; with the permission of the abbess and the approbation of the local Ordinary, the doctor, surgeon, workmen for necessary repairs.

Cujuscumque.—Clerics, laymen, women, children under the age of puberty.

Introducentes—Those who conduct them inside, open the door for them.

Admittentes—Superioresses, porteresses, whose duty it is to keep them out.

The law of enclosure for nuns not only forbids externs to enter the convent enclosure without leave, but it also prohibits the nuns from leaving it without special leave of the Holy See except in imminent danger of death or other very serious evil (Can. 601).

(2) Mulieres violantes regularium virorum clausuram et Superiores aliique, quicumque ii sint, eas cujuscumque aetatis introducentes vel admittentes; et praeterea religiosi introducentes vel admittentes priventur officio, si quod habeant, et voce activa ac passiva. ((2) Women who violate the enclosure of male religious, and the Superiors and others, whoever they may be, who bring them in or admit them, of whatever age; and besides, religious who bring them in or admit them are to be deprived of their office, if they hold any, and of active and passive voice.)

Mulieres —Not, therefore, men, who may enter the enclosure of regular orders of men. Regularium—Who take solemn vows.

Superiores—Higher and lower, porters and others.

The rest is clear from what has been said above. Canon 2346 VI. Si quis bona ecclesiastica cujuslibet generis sive mobilia sive immobilia, sive corporalia sive incorporalia, per se vel per alios in prosprio usus convertere et usurpare praesumpserit aut impedire ne eorumdem fructus seu reditus ab iis ad quos jure pertinent percipiantur, excommunicationi tamdiu sub- (If anyone shall presume, by himself or through others, to convert to his own use and to usurp ecclesiastical goods of any kind whatsoever, whether movable or immovable, corporeal or incorporeal, or to prevent their fruits or revenues from being received by those to whom they belong by right, let him lie under excommunication for so long) jaceat quamdiu bona ipsa integre restituerit, praedictum impedimentum removerit, ac deinde a Sede Apostolica absolutionem impetraverit. (let him lie under it until he has fully restored those goods, removed the aforesaid impediment, and thereafter obtained absolution from the Apostolic See.)

One who, with full knowledge of the crime and its penalty, converts ecclesiastical property of any sort to his own use, or prevents its revenues going to the persons to whom they belong, cannot obtain absolution, which must be asked of the Holy See, until he has made full restitution and removed the obstacle in the way of the revenues going to those who have a right to them. Canon 2351 VII. [Mortui ex duello aut ex vulnere inde relato privantur ecclesiastica sepultura nisi ante mortem aliqua dederint poenitentiae signa, ac praeterea] duellum perpetrantes aut simpliciter ad illud provocantes vel ipsum acceptantes vel quamlibet operam aut favorem praebentes, nec non de industria spectantes illudque permittentes vel quantum in ipsis est non prohibentes, cujuscumque dignitatis sint, subsunt ipso facto excommunicationi Sedi Apostolicae simpliciter reservatae. (Those who die from a duel, or from a wound received in it, are deprived of ecclesiastical burial unless before death they have given some signs of repentance; and besides, those who fight a duel, or simply challenge to one or accept one, or lend any help or favour whatsoever, as also those who deliberately look on and permit it, or, so far as in them lies, do not forbid it, of whatever dignity they may be, are ipso facto subject to excommunication.)

Duellum.—A single combat with deadly weapons undertaken. by agreement. Those who actually fight or challenge, or accept a duel, or afford any assistance or favour to those who do, incur this censure. Spectators of set purpose, those who permit it or do not stop it as far as they can, though they be kings or generals of armies, also incur it. Canon 2388 VIII. Clerici in sacris constituti vel regulares aut moniales post votum sollemne castitatis, itemque omnes cum aliqua ex praedictis personis matrimonium etiam civiliter tantum contrahere praesumentes, incurrunt in excommunicationem latae sententiae Sedi Apostolicae simpliciter reservatam. (Clerics constituted in sacred orders, or regulars or nuns after a solemn vow of chastity, and likewise all who presume to contract marriage, even merely civilly, with any of the aforesaid persons, incur an excommunication latae sententiae simply reserved to the Apostolic See.)

All who have taken a solemn vow of chastity and who presume to attempt marriage, as well as all who knowingly contract marriage with any of them, incur this censure. Canon 2392 IX. Delictum perpetrantes simoniae in quibuslibet officiis, beneficiis aut dignitatibus ecclesiasticis incurrunt in excommunicationem latae sententiae Sedi Apostolicae simpliciter reservatam.

Delictum simoniae—Not merely internal but external simony. Canon 728 provides that '"' when there is question of simony buying and selling, exchange, etc., are to be taken in a wide sense for any convention or agreement although not put into effect, even tacit, in which a simoniacal intention is not manifested expressly but may be gathered from the circumstances." Simony, then, whether of divine or ecclesiastical law, which is committed externally in election, presentation, or collation of ecclesiastical offices, benefices, or dignities, is punished by this censure and by other penalties here and in Canon 729. Canon 2405 X. Vicarius Capitularis aliive omnes tam de Capitulo quam extranei, qui documentum quodlibet ad Curiam episcopalem pertinens sive per se sive per alium subtraxerint vel destruxerint vel celaverint vel substantialiter immutaverint, incurrunt ipso facto in excommunicationem Sedi Apostolicae simpliciter reservatam. (The Vicar Capitular, or any others whether of the Chapter or outsiders, who by themselves or through another remove, destroy, conceal or substantially alter any document whatsoever belonging to the episcopal Curia, incur ipso facto an excommunication simply reserved to the Apostolic See.)

The terms of the censure are wide and clear. The document, whether public or private, must be of some importance, and must belong to the episcopal Curia as such.