D.—Excommunications Reserved to the Ordinary

Canon 2319 I. Subsunt excommunicationi reservatae catholici: (1) Qui matrimonium ineunt latae sententiae Ordinario coram acatholico ministro contra praescriptum Can. (Catholics are subject to an excommunication latae sententiae reserved to the Ordinary: (1) who enter marriage before a non-Catholic minister against the prescription of Canon 1063 § 1.) 1063, sec, 1.

(2) Qui matrimonio uniuntur cum pacto explicito vel implicito ut omnis vel aliqua proles educetur extra catholicam Ecclesiam.

(3) Qui scienter liberos suos acatholicis ministris baptizandos offerre praesumunt, (4) Parentes vel parentum locum tenentes qui liberos in religione acatholica educandos vel instituendos scienter tradunt. ((2) Those who are joined in marriage with an explicit or implicit agreement that all or any of the offspring shall be brought up outside the Catholic Church. (3) Those who knowingly presume to offer their children to be baptised by non-Catholic ministers. (4) Parents, or those who take the place of parents, who knowingly hand over their children to be educated or instructed in a non-Catholic religion.)

Four classes of persons are punished by this censure reserved to the Ordinary: (1) Catholics who contract marriage before a non-Catholic minister, not acting as a civil officer but as a minister of religion, whether only one or both of the parties are Catholics, whether or not a Catholic marriage is also contemplated before or after. Canon 1063 is as follows: "' Etsi ab Ecclesia obtenta sit dispensatio super impedimento mixtae religionis, conjuges nequeunt, vel ante vel post matrimonium coram Ecclesia initum, adire quoque sive per se sive per procuratorem ministrum acatholicum uti sacris addictum, ad matrimonialem consensum praestandum vel renovandum. (there be a dispensation from the impediment of mixed religion, the spouses may not, either before or after the marriage entered into before the Church, approach also, whether in person or through a proxy, a non-Catholic minister acting as such in sacred things, in order to give or renew matrimonial consent.)" Section 2 of this Canon forbids the parish priest to assist at a marriage if he knows that the parties have transgressed or are going to transgress this law. Section 3 allows the exception when the non-Catholic minister acts as a civil officer, and the law requires it.

(2) Catholics who marry with an explicit or implicit agreement that all or any one of the offspring of the marriage are to be brought up outside the Church. 'The censure would not be incurred if the agreement were made after the marriage had been contracted.

(3) Catholics who knowingly presume to offer their children to non-Catholic ministers for Baptism. Ignorance of the law or only of the censure, or of the fact that those to whom the children are offered are non-Catholic ministers, will excuse from the censure, though it be crass and supine.

(4) Parents or those who hold the place of parents who knowingly give their children to be educated or trained in a non-Catholic religion. Again, even crass ignorance excuses from the censure. Educated means taught and brought up in general, trained means taught in some special branch or branches when the general education has been completed. Canon 2326 II. Qui falsas reliquias conficit, aut scienter vendit, distribuit, vel publicae fidelium venerationi exponit, ipso facto excommunicationem Ordinario reservatam contrahit. (Whoever manufactures false relics, or knowingly sells, distributes, or exposes them to the public veneration of the faithful, contracts ipso facto an excommunication reserved to the Ordinary.)

Scienter affects only those who sell, distribute, or expose false relics to the public veneration of the faithful, not those who make them. Canon 2343 manus injecerit in personam III. Qui violentas aliorum clericorum vel utriusque sexus religiosorum, subjaceat ipso facto excommunicationi Ordinario proprio reservatae. (Canon 2343 III. Whoever lays violent hands on the person of other clerics or of religious of either sex is ipso facto subject to an excommunication reserved to his own Ordinary.)

Clericorum.—The inferior clergy, comprising all who have received the first tonsure up to bishops.

Religiosorum.—Religious of both sexes, whether under solemn or simple vows, perpetual or temporary, lay brothers and lay sisters, and also novices, but not postulants. Members of communities living together in common under the rule of superiors according to approved constitutions, but without vows, enjoy the privileges of clerics, according to Canon 680, and this among the rest. Tertiaries who satisfy this condition enjoy the privilege, but not otherwise.

Canon 2350 IV. Procurantes abortum, matre non excepta, incurrunt, effectu secuto, in excommunicationem latae sententiae Ordinario reservatam.

Procurantes—Using physical or moral means with the intention of prematurely causing the ejection of the foetus— i.e, before the seventh month of gestation.

Matre.—Before the Code some authors excepted the mother.

Effectu.—F or the censure to be incurred, it must be certain that abortion followed from the means used. Canon 2385 V. Religiosus, apostata areligione, ipso jure incurrit in excommunicationem proprio Superiori majori, vel, si religio sit laicalis aut non exempta, Ordinario loci in quo commoratur, reservatam.

Apostata a religione dicitur professus a votis perpetuis sive sollemnibus sive simplicibus, qui e domo religiosa illegitime egreditur cum animo non redeundi vel qui etsi legitime egressus, non redit, eo animo ut religiosae obedientiae sese subtrahat. Malitiosus animus jure praesumitur si religiosus intra mensem nec reversus fuerit, nec Superiori animum redeundi manifestaverit (Can. 644, secs. 1, 2). Canon 2388 VI. Professi votorum simplicium perpetuorum tam in Ordinibus quam in Congregationibus religiosis [matrimonium etiam civiliter tantum itemque cum aliqua ex praedictis personis contrahere praesumentes] omnes excommunicatio tenet latae sententiae Ordinario reservata. See above, p. 277.