Section III. Excommunications Simply Reserved to the Roman Pontiff (continued)

VI. Those violating cloister, as follows; namely, the following are excommunicated:

1. Those violating the cloister of nuns, of whatever kind or condition or sex they may be, by entering their monasteries without legitimate permission, and likewise those introducing or admitting them (canon 2342, 1°). It concerns papal cloister. The following are excommunicated: 1° those entering without legitimate permission, that is, with the whole body, not with one foot only or one step; 2° those introducing those who violate cloister by entering without legitimate permission. Those also are included who introduce impuberes, since they too can violate cloister, although they do not contract the censure. There is doubt about those introducing persons lacking the use of reason, since these, strictly speaking, do not violate cloister. Given the doubt, we follow the milder opinion; 3° those admitting. They are understood to be those who, performing the office of guarding cloister, such as the prioress and the portress, receive those who violate cloister by entering without permission; for the rest, what has just been said about those introducing applies.

Note. If clerics violate the cloister of nuns, they are moreover to be suspended for a time to be defined by the Ordinary according to the gravity of the fault (canon 2342, 1°).

2. Women violating the cloister of male regulars; likewise Superiors and others, whoever they may be, introducing or admitting them of whatever age (canon 2342, 2°). It concerns the cloister of men who have pronounced solemn vows (cf. canon 488, 2° and 7°). The following are excommunicated: 1° women violating the cloister of male regulars; 2° those introducing, or 3° admitting, those who violate cloister by entering; also those introducing or admitting impuberes. There is doubt about those introducing or admitting persons lacking the use of reason, since these, strictly speaking, do not violate cloister; but it seems that it must be affirmed, since the canon says: of whatever age.

Note. Religious who introduce or admit are to be deprived of office, if they have one, and of active and passive voice (canon 2342, 2°).

3. Nuns illegitimately leaving the cloister against the prescriptions of canon 601 (canon 2342, 3°). The discussion is of papal cloister; it is required, however, that the nun leave with the whole body, not with one foot only or one step (St. Alphonsus, VII, 229).

VII. If anyone has presumed, by himself or through others, to convert and usurp for his own uses ecclesiastical goods of any kind, whether movable or immovable, corporeal or incorporeal, or to impede the fruits or revenues of the same from being received by those to whom they belong by law (canon 2346).

1. The disposition regards ecclesiastical goods belonging either to the universal Church or the Apostolic See, or to an ecclesiastical moral person.¹

2. It is required either that someone, by himself or through another, usurp the said goods and convert them to his own uses, or that he impede their fruits from being received by those to whom they belong by law.

An usurper is one who occupies another's thing as due to himself.² Some now doubt concerning those who buy or lease goods already usurped. But "a change of the prior law is seriously doubtful, both because of the practice of the Holy See, which seems to be confirmed in the Constitution Si unquam of Pius XI, July 15, 1924, ad V,³ and because of the nearly unanimous opinion of writers."⁴ Hence one should not depart from the old law.

3. The excommunication persists as long as the one who has incurred the censure has not fully restored the goods themselves, removed the aforesaid impediment, and then obtained absolution from the Apostolic See (canon 2346).

Note. But if the delinquent was the patron of the same church or goods, he also exists ipso iure deprived of the right of patronage; but a cleric committing this delict or consenting to it is moreover deprived of any benefices whatever, is rendered incapable of any others whatever, and is suspended from the execution of his orders, even after full satisfaction and absolution, at the discretion of his Ordinary (cited canon).

VIII. Those perpetrating a duel, or simply provoking to it or accepting it, or furnishing any cooperation or favor whatever; and likewise those deliberately watching it and permitting it, or, as far as lies in them, not prohibiting it, of whatever dignity they may be (canon 2351, § 1). What a duel canonically accepted is, see volume I, n. 747. The following are excommunicated:

1. Those dueling; likewise those provoking and accepting, even if the duel did not follow.

2. Those furnishing cooperation or favor, provided the duel followed. It is required, however, that the favor or cooperation be sufficiently proximate and efficacious; hence, for example, those commanding and counseling are excommunicated; those who deliver or post the challenge; those who accompany the duelists and thus add courage to them; physicians and confessors assisting, even with the intention of giving help to the duelists if there is need; likewise if by agreement they remain with the same intention in a nearby place or house;⁵ masters of arms who instruct those about to fight in order for the duel about which agreement has been made. But not sellers of weapons, nor public drivers who lead the duelists to the agreed place.

3. Those watching deliberately are understood to be those who approach the place of the duel in order to watch, so that they intensify the fight or add splendor to it; but not those who, arriving by chance, stop, or look from afar or from a hidden place.

4. Those permitting, or not prohibiting as far as lies in them, are understood to be those who enjoy authority, whether civil or military, but not private persons.

Note. The duelists themselves and those called their seconds are moreover ipso facto infamous (canon 2351, § 2). Those who die in a duel or from a wound received from it are deprived of ecclesiastical burial, unless before death they gave some signs of repentance (canon 1240, § 1, 4°).

IX. Clerics constituted in sacred orders or regulars or nuns after a solemn vow of chastity, and likewise all who presume to contract marriage, even only civilly, with any one of the aforesaid persons (canon 2388, § 1).

1. Concerning the word "presuming," compare what was said in n. 858. Knowledge in the act of contracting marriage is required; hence those who contracted ignorantly remain immune from the excommunication, even if afterward the ignorance ceases and they persist in the attempted marriage.

2. The excommunication is incurred even if the marriage is invalid also because of another impediment, say consanguinity;⁶ likewise through civil marriage, even though invalid because of defect of form.⁷

Note. Delinquent clerics, moreover, if warned and if they do not come to their senses within a time predetermined by the Ordinary according to the diversity of circumstances, are to be degraded (canon 2388, § 1). In addition, because of tacit renunciation admitted by the law itself, any offices whatever of the cleric are vacant ipso facto and without any declaration (cited canon, canon 188, 5°).

X. Those perpetrating the delict of simony in any ecclesiastical offices, benefices, or dignities whatever (canon 2392, 1°). What simony is and how many kinds there are, see volume I, n. 620 sq.

1. Since the law does not distinguish, the excommunication affects simony of both divine and ecclesiastical law, both conventional and real and confidential (cf. canon 728), but not mental or merely internal simony.

2. It is disputed whether the law includes only offices strictly so called or also those broadly so called. For the rest, Bishops also, but not Cardinals, are liable to the penalty (canon 2227, § 2).

Note 1. Delinquents remain ipso facto deprived forever of the right of electing, presenting, and nominating, if they have any. If they are clerics, they are moreover suspended (canon 2393, 2° and 3°).

Note 2. The simoniacal contract itself and, if simony is committed concerning benefices, offices, or dignities, the subsequent provision lack all force, although the simony was committed by a third person, even without the knowledge of the one provided, provided this is not done in fraud of the same provided person or with him contradicting it. Therefore: 1° before any sentence of a judge, a thing simoniacally given and accepted, if it is capable of restitution and reverence due to the spiritual thing does not stand in the way, must be restored, and the benefice, office, or dignity must be resigned; 2° one simoniacally provided does not make the fruits his own; but if he has received them in good faith, it is permitted to the prudence of the judge or Ordinary to condone the fruits received to him wholly or in part (canon 729, 1° and 2°).

XI. A Vicar Capitular and all others, both of the Chapter and outsiders, who by themselves or through another have removed, destroyed, concealed, or substantially altered any document pertaining to the episcopal Curia (canon 2405). Under the name of document do not come books, precious things, and writings of lesser importance. For the rest, it is all the same whether the document was composed by the episcopal Curia or directed to it. But for the excommunication to be contracted, it is required that some damage follow from the removal, etc., of the document, or that prejudice be brought to the diocese or episcopal rights (cf. canon 435, § 3).

Note. Delinquents can also be punished by the Ordinary with privation of office or benefice (canon 2405).

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¹ Those, however, who usurp or detain ecclesiastical goods pertaining to the Roman Church incur an excommunication reserved to the Roman Pontiff in a special manner (p. 767).

² Holy Office, March 9, 1870.

³ A.A.S. 1924, p. 311.

⁴ Creusen, Epitome, n. 546.

⁵ Holy Office, May 28, 1884.

⁶ Holy Office, January 13, 1892.

⁷ Holy Office, December 22, 1880.