Article — Vermeersch, On Chastity

Appendix. Canonical Sanctions

372.

Canonical sanctions of exterior sins.

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372. - Besides the canonical penalties against abduction related in no. 319, other canons written for the protection of good morals also seem worthy of mention here. Therefore:

¶1942.
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Canon 2356. "Bigamists, that is, those who, while the bond of marriage remains, have attempted another marriage, even one merely civil, as they say, are infamous by the very fact; and if, having spurned the admonition of the Ordinary, they persist in the unlawful union, according to the diverse gravity of the guilt, let them be punished with excommunication or a personal interdict."

¶1943.
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Canon 2357. § 1. "Lay persons legitimately condemned for offenses against the sixth commandment committed with minors below the age of sixteen years, or for stuprum, sodomy, incest, or pandering, are infamous by the very fact, besides the other penalties which the Ordinary shall have judged ought to be inflicted."

¶1944.
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§ 2. "Those who have committed the public offense of adultery, or live publicly in concubinage, or have been legitimately condemned for other offenses against the sixth precept of the Decalogue, are to be excluded from legitimate ecclesiastical acts until they have given signs of true repentance."

¶1945.
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Canon 2358. "Clerics constituted in minor orders who are guilty of any offense against the sixth precept of the Decalogue are to be punished according to the gravity of the guilt, even by dismissal from the clerical state if the circumstances of the offense counsel it, besides the penalties of which in canon 2357, if there is place for them."

¶1946.
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Canon 2359. "§ 1. Clerics in sacred orders, whether secular or religious, who are concubinarians, a warning having been fruitlessly given beforehand, are to be compelled to withdraw from the unlawful union and to repair the scandal by suspension from divine offices, by deprivation of the revenues of office, benefice, or dignity, the prescription of canons 2176-2181 being observed 1."

1 These canons constitute title XXXI. They regulate the manner of proceeding against clerical concubinarians.

¶1947.
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§ 2. "If they have committed an offense against the sixth precept of the Decalogue with minors below the age of sixteen years, or have practiced adultery, stuprum, bestiality, sodomy, pandering, or incest with persons related by consanguinity or affinity in the first degree, they are to be suspended, declared infamous, deprived of every office, benefice, dignity, or charge, if they have any, and in graver cases deposed."

¶1948.
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§ 3. "If they have otherwise offended against the sixth precept of the Decalogue, they are to be restrained by appropriate penalties according to the gravity of the case, not excepting deprivation of office or benefice, especially if they have the care of souls."

¶1949.
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Thus most penalties are pronounced as ferendae sententiae; they indeed punish clerics more gravely, especially if they are in sacred orders or have the care of souls, but nevertheless they also affect lay persons. Some merely presuppose the offense; others, a judicial sentence legitimately rendered. Wherefore, where there is question of lay persons, the very sentence of the civil forum is strengthened by a canonical sanction.