Interdict

Interdicts in force. Interdicts are numbered only five, of which the first two are reserved to the Roman pontiff in a special mode, but the three later ones are reserved to no one.

1. First interdict. But if any of the aforesaid are marked with episcopal character, they fall by the very fact, without any declaration, into the penalty of interdict from entrance into a church, likewise reserved to the holy see in a special mode.

118. Bishops who commit the delicts recounted above (I. 13) incur not only suspension from the use of pontificals (n. 6), but also interdict from entrance into a church.

2. Second interdict. Universities, colleges, and chapters, by whatever name they are called, appealing from the ordinances or mandates of the same Roman pontiff existing for the time to a future universal council, incur by the law itself an interdict reserved to the Roman pontiff in a special mode.

119. If those appealing from the ordinances of the Roman pontiff to a future council are not physical persons but moral persons, they contract not excommunication (I. 4), but interdict, by which nevertheless the individual members are bound.

3. Third interdict. Those knowingly celebrating, or causing divine things to be celebrated, in places interdicted by the ordinary, or by a delegated judge, or by law; or admitting those excommunicated by name to divine offices, or ecclesiastical sacraments, or ecclesiastical burial, incur by the law itself interdict from entrance into a church, until they have competently satisfied at the judgment of him whose sentence they have contemned.

120. This censure is incurred by: a. clerics who celebrate or cause celebration in an interdicted place, except on the days and in the places in which this is licit; b. clerics who admit one excommunicated by name to divine offices, even only to assist, to the sacraments, except penance and viaticum in the article of death, or to ecclesiastical burial, which pertains only to those who have care of the church or cemetery.

4. Fourth interdict. The metropolitan is bound to denounce to the Roman pontiff, within three months by letters or messenger, bishops absent beyond the time of the second six-month period, and the older resident suffragan bishop is bound likewise to denounce an absent metropolitan, under penalty of interdict from entrance into a church to be incurred by that very fact. Sess. 6. c. 1. De reform.

121. Bishops to whom it pertains contract the censure if they do not denounce to the Roman pontiff within three months a bishop absent from his diocese without just cause beyond a year.

5. Fifth interdict. Chapters of churches are subject to ecclesiastical interdict if, the see being vacant, within a year from the day of vacancy they have granted license of being ordained or dimissorial letters to someone who was not constrained by occasion of an ecclesiastical benefice received or to be received. Sess. 7. c. 10. De reform.

122. A chapter can grant dimissorial letters, and therefore contract this censure, only in the first eight days after the death of the bishop; for when these have elapsed, the whole power is transferred to the capitular vicar.

INTERDICT is a censure which prohibits the use of liturgical offices, some sacraments, and ecclesiastical burial. It differs from excommunication and suspension, even when the effects are similar, in that excommunication deprives the delinquent of the use of the sacraments, for example, inasmuch as that use is a communication with the faithful, and suspension deprives the delinquent of the exercise of ecclesiastical power in the administration of the sacraments, while interdict forbids their use inasmuch as they are sacred actions and objects of which for just reasons the delinquent is deprived.

An interdict is local, personal, or mixed, as the prohibition immediately affects the place, certain persons, or both.

It is general or special as it affects the whole of some country or body; or only some particular place or person, physical or moral.

A local interdict, whether general or special, does not forbid the administration of the sacraments and sacramentals to the dying under proper conditions, but it forbids in the place any divine office or sacred rite with the following exceptions: On the feasts of Christmas, Easter, Whit Sunday, Corpus Christi and the Assumption of the Blessed Virgin, a local interdict is suspended, and the conferring of orders and the solemn nuptial blessing are alone forbidden.

If the interdict was local and general and the decree of interdict did not expressly state otherwise:

(r) Provided that they are not personally interdicted, clerics are allowed in private to exercise all divine offices and sacred rites in any church or oratory, with closed doors, in a low voice and without the ringing of bells.

(2) Moreover, in the cathedral, in parish churches, and in the only church in the place, and in these places alone, the celebration of one Mass, the reservation of the Blessed Sacrament, the administration of Baptism, the Eucharist, Penance, assisting at marriage, with the exclusion of the nuptial blessing, funerals excluding all pomp, the blessing of baptismal water, and of the holy oils, and preaching the word of God are permitted.

Moreover, in these sacred functions singing is forbidden and pomp in the sacred furniture, the ringing of bells, the playing of the organ and of other musical instruments; and Holy Viaticum should be carried to the sick privately.

Even if a cemetery is specially interdicted the bodies of the faithful may be buried there, but without any ecclesiastical rite (Can. 2270-2272).

The violation of an interdict by doing what it forbids is a grave sin, and a cleric who violates a personal interdict by the exercise of an action belonging to sacred orders or who performs such an action in a place which is interdicted by name incurs irregularity (Can. 985, vii).

I. Universitates, Collegia, Capitula, aliaeve personae morales, quocunque nomine nuncupentur [a legibus, decretis, mandatis, Romani Pontificis pro tempore exsistentis ad Universale Concilium appellantia] interdictum speciali modo Sedi Apostolicae reservatum incurrunt (Can. (Universities, Colleges, Chapters, or other moral persons, by whatever name they are called, appealing from the laws, decrees or mandates of the reigning Roman Pontiff to a General Council, incur an interdict reserved to the Apostolic See in a special manner.) 2332).

II. Scienter celebrantes vel celebrari facientes divina in locis interdictis vel admittentes ad celebranda officia divina per censuram vetita clericos excommunicatos, interdictos, suspensos, post sententiam declaratoriam vel condemnatoriam, interdictum ab ingressu ecclesiae ipso jure contrahunt, donec arbitrio ejus cujus sententiam contempserunt congruenter satisfecerint (Can. (Those who knowingly celebrate, or cause to be celebrated, divine offices in interdicted places, or who admit to the celebration of divine offices clerics forbidden by censure — excommunicated, interdicted or suspended after a declaratory or condemnatory sentence — contract by the law itself an interdict from entering the church, until they have made fitting satisfaction at the discretion of him whose sentence they have despised.) 2338, sec. 3).

III. Qui causam dederunt interdicto locali aut interdicto in communitatem seu collegium, sunt ipso facto personaliter interdicti (Can. (Those who have given cause for a local interdict, or for an interdict upon a community or college, are ipso facto personally interdicted.) 2338, sec. 4).

IV. Sponte sepulturam [ecclesiasticam infidelibus, apostatis, a fide, vel haereticis, schismaticis aliisve sive excommunicatis sive interdictis, contra praescriptum Can. (Those who willingly grant ecclesiastical burial to infidels, apostates from the faith, or heretics, schismatics, or others either excommunicated or interdicted, against the prescription of Canon 1240 §) 1240, sec. 1] donantes, interdictum ab ingressu ecclesiae Ordinario reservatum contrahunt (Can. (1, contract an interdict from entering the church reserved to the Ordinary.) 2339).

V. Catholici qui matrimonium mixtum etsi validum sine Ecclesiae dispensatione inire ausi fuerint, ipso facto ab actibus legitimis ecclesiasticis et sacramentalibus exclusi manent, donec ab Ordinario dispensationem obtinuerint (Can. (Catholics who shall have dared to enter upon a mixed marriage, even a valid one, without a dispensation from the Church, remain ipso facto excluded from legitimate ecclesiastical acts and from the sacraments, until they obtain a dispensation from the Ordinary.) 2375).

I. Notion. Interdict is a censure by which the faithful, remaining in the communion of the Church, are prohibited from the sacred things which are enumerated in the canons which follow (canon 2268, § 1). It is said censure, but it can besides be inflicted as a vindicative penalty (n. 890). It is said sacred things; these are divine offices, Sacraments and Sacramentals, or ecclesiastical burial. Furthermore, those personally interdicted sometimes cannot exercise certain rights. The effects of interdict can be separated, so that it is left to the judgment of the Superior which privations he commands, unless it is an interdict established by common law.

II. Division. Interdict is: 1° personal or local;¹ 2° general or particular, according as the subjects of the penalty differ.

1. Interdict is personal when the use of sacred things is directly interdicted to the persons themselves; local, when the use of sacred things is indirectly interdicted to persons, because in certain places the dispensation or reception of sacred things is forbidden (cf. canon 2268, § 2).

2. It is general when it is issued against a group of persons, and is a general personal interdict; or against some territory, whose sacred and profane places it affects, and is a general local interdict. It is particular when it is issued against particular persons expressly designated, and is a particular personal interdict; or against particular sacred places, namely churches, altars, cemeteries, and is a particular local interdict.

Finally, a personal interdict can be issued at the same time both against a community as such and against the individual delinquent persons of some community, so that the interdict is at once general and particular.

¹ Formerly there existed a mixed or ambulatory interdict, which held any place during the presence of the interdicted person; now it has been abolished.

III. Author. 1. A general interdict against a diocese, whether against the territory or against the people, can be issued only by the Apostolic See or at its mandate (canon 2269, § 1).

2. A general interdict against a parish, and also any particular interdict against subject persons or places, can be issued by a Bishop (cited canon). A religious Superior cannot issue a local interdict, because his jurisdiction is only personal.

IV. Interpretation. 1. When a city is interdicted, accessory places, even exempt ones, and the cathedral church itself also remain interdicted; when a church is interdicted, contiguous chapels are interdicted, but not the cemetery; when a chapel is interdicted, the whole church is not interdicted, nor, when a cemetery is interdicted, is the church contiguous to it interdicted, but all oratories erected in the cemetery are interdicted (canon 2273).

2. A personal interdict follows the persons who are held by the interdict everywhere, so that in whatever place they suffer the effects of the penalty (canon 2269, § 2); but a general personal interdict does not hold infants and others not liable to penal law, nor arriving persons, travelers, and vagrants; but it does hold the innocent, and even the absent, who, for example by domicile, are members of the community. Furthermore, from the common and more benign interpretation, when the people are interdicted, the clergy are not of themselves judged interdicted; and also conversely, so that when the clergy are interdicted, the non-interdicted people can call other clerics. Likewise, when the clergy are interdicted, religious are not judged interdicted unless they have a secular benefice (St. Alphonsus VII, 331).

3. A local interdict does not press outside the interdicted place; but in the interdicted place all, even outsiders or exempt persons, a special privilege excluded, must observe it (cited canon). The reason is that it directly affects the territory, but indirectly the persons; nevertheless for the innocent and travelers, or even for infants, such an interdict does not have the character of a penalty, but of a disciplinary privation. The same is valid concerning the innocent in a personal interdict.

V. Effects of a local interdict. A local interdict, whether general or particular, prohibits in the place any divine office or sacred rite, with the following exceptions (canon 2270, § 1):

1. In every local interdict: 1° All sacraments and sacramentals can be ministered to the dying, with the things to be observed being observed; the chief of these are that the ministers not be impeded and solemnities be omitted (canon 2270, § 1, compared with canon 2271, 2°). 2° A local interdict is suspended on the day of the Nativity of the Lord, Easter, Pentecost, the Most Holy Body of Christ, and the Assumption of the Blessed Virgin Mary into heaven,¹ and only the conferral of orders and the solemn nuptial blessing are prohibited (canon 2270, § 2). It is said on the day, so that the octave is excluded.

2. In a general local interdict, unless the decree expressly provides something else:

a) Clerics, provided they themselves are not personally interdicted, are permitted to perform privately all divine offices and sacred rites in any church or oratory, with closed doors, in a subdued voice, and without bells being rung (canon 2271, 1°).

b) But in the cathedral church, parochial churches, or in the church which is the only one in the town, and in those alone, there are permitted: the celebration of one Mass, reservation of the Most Holy Sacrament, administration of baptism, Eucharist, and penance, assistance at marriages, with the nuptial blessing excluded, funeral obsequies of the dead, any solemnity nevertheless being forbidden, the blessing of baptismal water and of sacred oils, and the preaching of the word of God. In these sacred functions, however, chant and pomp in sacred furnishings and the sound of bells, organs, or other musical instruments are prohibited; and sacred Viaticum is to be carried privately to the sick (canon 2271, 2°).

3. In a particular local interdict:

a) If the altar or chapel of some church has been interdicted, no sacred office or sacred rite is to be celebrated in them (canon 2272, § 1).

b) If the cemetery has been interdicted, the bodies of the faithful can indeed be buried there, but without any ecclesiastical rite (canon 2272, § 2).

c) If the church or oratory of some Chapter has been interdicted, and the Chapter has not been interdicted, because then nothing is permitted to it, the Chapter is permitted to perform all divine offices and sacred rites of its function privately, according to canon 2271, 1°, in any church or oratory, even in its own interdicted church or oratory, unless the decree of interdict commands that in another church or oratory the conventual Mass be celebrated and the canonical hours be publicly recited (canon 2272, § 3, 1°).

d) If the parochial church has been interdicted, it is permitted to perform in it all the things which above, canon 2271, 2°, were said concerning the cathedral church and other parochial churches under a general interdict, unless the decree of interdict substitutes another church for it during the time of the interdict (canon 2272, § 3, 2°).

¹ Furthermore in Spain on the day of the Immaculate Conception of the Blessed Virgin Mary by privilege of Leo X.

VI. Effects of personal interdict. Those personally interdicted by force of canon 2275:

a) Cannot celebrate divine offices or assist at them, except the preaching of the word of God; those passively assisting need not be expelled; but interdicted persons after a condemnatory or declaratory sentence has been issued, or otherwise notoriously interdicted, are to be repelled from active assistance which carries with it some participation in celebrating divine offices (cited canon, 1°).

b) They are prohibited from ministering and confecting Sacraments and Sacramentals, unless the interdicted person before sentence has been requested by the faithful, who may seek this for a just cause, especially if other ministers are lacking; or unless after sentence he has been requested in danger of death, either to absolve the faithful sacramentally, although another priest is present, or to give the other Sacraments and Sacramentals if other ministers are lacking.

c) They are prohibited from receiving the Sacraments; and after sentence they also receive Sacramentals illicitly, except exorcism (canon 1152); but an interdicted person also receives Sacramentals validly, because he communicates with the prayer of the Church.

d) They are also held by the prescription of canon 2265; therefore the things said on p. 735, 8, a) and b), alpha-delta, are to be applied to them.

e) After sentence they are deprived of ecclesiastical burial (cf. canon 1204), unless before death they have given some signs of penitence; and under the same restriction there must be denied to them both any funeral Mass, even an anniversary one, and other public funeral offices.

f) Finally, after sentence, a pastor or local Ordinary assists at marriage invalidly, whether by himself or through another (canon 1095). Before sentence he assists even licitly.

VII. Effects of an interdict issued because a community or college has perpetrated a delict. An interdict of this kind can be issued either against the individual delinquent persons, or against the community as such, or against the delinquent persons and the community (canon 2274, § 1). Now:

1. If the interdict has been issued against the individual delinquent persons, those persons, but not the innocent, are personally interdicted, and therefore are held by the things set forth under VI (canon 2274, § 2).

2. If the interdict has been issued against the community as such, the community or college cannot exercise any spiritual right which belongs to it (canon 2274, § 3). Spiritual rights are judged to be: the right of electing, presenting, conferring benefices, celebrating the divine office by office,¹ etc.; but not the right of administering goods and similar things.

3. If the interdict has been issued against the delinquents and against the community, the effects assigned under 1 and 2 are cumulated (canon 2274, § 4).

¹ For example, celebrating the conventual Mass and reciting the canonical hours in common, if there is question of a Chapter interdicted as such (canon 2272, § 3, 1°).

Question 1. To what extent does interdict redound upon the innocent?

Response 1. One who is subject to a local interdict, without having given cause for it and without being prohibited by another censure, can, if he is duly disposed, receive the Sacraments without absolution from the interdict or any other satisfaction; and indeed, in the interdicted place itself, those sacraments which are licitly administered there (canon 2276; cf. canon 2271, n. 878), or in another non-interdicted place, the other sacraments. Likewise he can freely go to other places so that he may assist at divine offices and be freed from the other privations of the local interdict.

Response 2. An innocent person, if an interdict is issued against the individual delinquents of the community of which he is a member, undergoes the effects of those personally interdicted only indirectly, because he cannot receive sacraments or other things from them. He himself is free in all things, and not even for the external forum does he need absolution in order to receive the Sacraments (canon 2276).

Response 3. An innocent person, being subject to an interdict against a community as such, cannot exercise the common rights of the community; but because he is not held by the censure, since it supposes a delict, he does not need absolution in order to receive the Sacraments (canon 2276).

Response 4. If the things placed under responses 2 and 3 are cumulated, the things said there are to be observed (cited canon).

Note. Those who have given cause for a local interdict or for an interdict against a community or college are by the fact itself personally interdicted (canon 2338, § 4).

Question 2. What does interdict from entrance into the church import?

Response. Interdict from entrance into the church, which is a certain part of a special personal interdict, does not deprive one of those goods which we indicated under VI, but from canon 2277 it carries with it the prohibition that one celebrate divine offices in church or assist at them, except preaching, or have ecclesiastical burial. Therefore he can, provided he is duly disposed, receive the Sacraments, even in church, when divine offices are not being celebrated; or celebrate divine offices or assist at them outside the church, taken in the strict sense according to canon 1161. But if he assists, actively or passively, in church, he need not be expelled; nor if he is buried in a sacred place is it necessary that the body be removed.

In present Law it is established in only three cases (canon 2329; canon 2338, § 3; canon 2339); it can be issued as a vindicative penalty.

Four interdicts latae sententiae are enumerated, namely:

I. Universities, colleges, chapters, or other moral persons, by whatever name they are called, who appeal from the laws, decrees, or mandates of the Roman Pontiff for the time being to a Universal Council, incur an interdict reserved to the Apostolic See in a special manner (canon 2332). This interdict affects the moral persons appealing; physical persons appealing in this way contract excommunication (p. 763). What an interdict issued against a moral person imports, however, see p. 740, VII and question 1.

II. They contract by the law itself an interdict from entrance into a church, until, at the judgment of the one whose sentence they have despised, they have made congruous satisfaction: those knowingly celebrating divine things or causing divine things to be celebrated in interdicted places; or admitting to the celebration of divine offices, which are forbidden by censure, clerics excommunicated, interdicted, or suspended after a declaratory or condemnatory sentence (canon 2338, § 3).¹

1. The word "knowingly" refers to those celebrating, to those causing divine offices to be celebrated, and to those admitting. Therefore the interdict affects:

a) Those knowingly celebrating or causing divine things to be celebrated (p. 731) in interdicted places, excepting, however, those divine things which can be done according to the norm of canons 2270-2272 (n. 878).

b) Those knowingly admitting, to the celebration of divine offices forbidden by censure, clerics excommunicated, interdicted, or suspended, against whom a declaratory or condemnatory sentence has been issued. Those admitting are understood to be those who have the office and right of admitting or repelling, such as a pastor or rector.

2. The interdict is to be removed, or rather seems to cease ipso facto, as soon as the delinquents have made congruous satisfaction at the judgment of the one whose sentence they have despised.² Thus judgment concerning congruous satisfaction belongs to him who interdicted the place or issued the declaratory or condemnatory sentence against the clerics who are admitted to divine offices.

III. Those who spontaneously give burial to infidels, apostates from the faith, or heretics, schismatics, or others, whether excommunicated or interdicted, against the prescription of canon 1240, § 1 (canon 2339), contract an interdict from entrance into a church reserved to the Ordinary. What canon 1240, § 1 prescribes, see p. 750. For the rest:

1. On the word "spontaneously," compare what was said in n. 858.

2. In what sense ecclesiastical burial is taken, see p. 778.

3. Those giving burial are understood to be clerics only, namely those whose role it is to perform all those things which pertain to ecclesiastical burial.

IV. Those who gave cause for a local interdict or an interdict against a community or college contract a personal interdict reserved to no one (canon 2338, § 4). But to what penalties persons personally interdicted are liable, see n. 879.

¹ This interdict, since it is neither perpetual, nor for a predefined time, nor at the pleasure of the Superior, seems to be a medicinal penalty, not a vindicative one (cf. canon 2291, 2°).

² Cf. Holy Office, February 1, 1871.

What are the principal privileges of Bishops? - As regards preserving their dignity. If Bishops commit a crime which is forbidden under penalty of suspension or interdict, they do not incur these censures unless they have also been laid upon them by name. Their causes are to be terminated through the Supreme Pontiff. Trent, s. 13, c. 8 de R. But those who injure Bishops incur excommunication reserved in a special way to the Roman Pontiff. C. Apostolicae Sedis de censuris. - From the same Constitution Apostolicae Sedis, those violating an interdict and excommunication imposed by the Ordinary are punished with interdict from entrance into a church. They can wear a small skullcap of violet color, even in sacred offices and while they celebrate Mass, but not from the Preface to Communion, S. C. Cons., 1 May 1910. From the day of election they can wear a small skullcap and biretta of violet color.

Who have, by positive law, capacity for contracting? By positive law, in order that someone validly, or at least firmly, contract, it is required that he not be declared by law incapable of making a contract. From Roman Law a wife cannot contract or dispose concerning her dowry and its fruits; nor concerning goods common to the family, when the husband reasonably contradicts. But she can dispose at will concerning paraphernal goods, even against the husband's will. L. 489. A son under paternal power who is below puberty, even if he contracts with the father's consent and concerning military goods, is not obligated. But, if he is of puberty, he is obligated, provided that there is no question of alienating immovables and precious movables.

But he can by no means dispose concerning profectitious and adventitious goods. - A person below puberty deprived of a father contracts validly by authority of a tutor, and a minor with the consent of a curator, unless there is question of immovables and precious movables. But a ward can oblige another for his own advantage, for example by accepting a donation, even without the authority of a tutor. Inst. § 9 Pupillus de Inutil. stipul. - Those civilly dead can neither receive nor donate goods in any way; and their goods pass to the heirs. Those civilly dead are those condemned to death, to perpetual galleys, to deportation.

From C. I. 324 ff., 1105, 1106; C. G. 489 ff., 1123, 1124; C. H. 200, 1263, 1264; C. A. 21, 865, there are some to whom almost all contracts are prohibited, and others to whom only certain contracts are prohibited, or in certain cases. - Almost all contracts are generally prohibited to wives, minors, and interdicted persons. Among interdicted persons are to be counted the incapacitated, the deaf-mute, and those blind from birth. Someone is interdicted because of infirmity of mind. C. I. 324; C. G. 489. - He is declared incapable who indeed is of his own mind, but senseless, or inept, or prodigal. C. I. 324, 339; C. G. 513; Cf. C. A. 21, 269. - The deaf and mute, in civil law, are equated as to contracts with those under incapacity.

Those blind from birth are equated as to contracts with the deaf and mute. C. I. 340; C. A. 275. - Interdicted persons are equated to minors; therefore they are under tutelage. C. I. 329; C. G. 509. - A curator of incapacity is customarily given; with him they do all things legitimately, without him only those things which pertain to administration of goods. C. I. 339; C. G. 513. - Cf. C. H. 32, 170, 200, 221-220. From C. B. 104, one incapable of contracting is he who has not yet attained the seventh year, who labors under a mental disease excluding liberty, who is interdicted because of mental disease. From the same Code 105, the declaration of will of one incapable is null.

What about the contracts of wives, minors, and interdicted persons in more recent law? - A wife generally cannot contract firmly without the special consent of the husband, or, in his absence, without the authority of the judge. C. I. 135, 136; C. G. 217, 219; C. H. 61, 62, 65. Nevertheless she can buy necessaries for the family. In C. H. 62, a wife can contract without the special consent of the man when she makes ordinary expenses of the family. Likewise in C. He. 163, the wife represents the conjugal union for occurring necessities of domestic economy, and obliges also the husband, unless her acts have been excessive. From C. I. Comm. 14 § 2, a wife engaged in commerce is permitted even the alienation of her own immovable goods (not dotal goods). From C. B. 1365-1371, 1395-1400, 1405-1407, a wife can freely dispose of goods reserved to herself; but as to goods subject to the husband's administration and usufruct, she needs the husband's approval. Cf. C. A. 1237 ff. - Non-emancipated minors cannot contract firmly without the assistance of a tutor. C. I. 277; C. G. 450; C. H. 262, 1263; C. A. 152; C. B. 106 ff. But emancipated minors are capable of making acts of administration and contracts determined by law. But for the rest the assistance of a curator is required. C. I. 317-319; C. G. 480, 484, 487; C. H. 317. But in a matter of greater moment, the tutor and curator depend on the authority of the family council. C. I. 277, 301, 314 ff.; C. G. 450, 468, 483; C. H. 269. From C. I. Comm. 9 ff., emancipated minors, whether males or females, legitimately exercising commerce, are considered majors and can alienate their own goods, even immovable goods. Interdicted persons, namely those who by sentence of a judge are declared incapable of exercising civil acts because of a state of weakness, or dementia, or fury, as also prodigals juridically declared, cannot contract firmly without the assistance of a tutor or curator, or of a juridically constituted counselor. C. I. 329, 335, 339, 340; C. G. 502, 509, 513; C. H. 200; C. B. 114 ff. If the prescriptions of law are not observed, the contracts of these, namely of wives, minors, and interdicted persons:

1. Are valid, unless they are invalidated by the sentence of a judge. C. I. 1300, 1899; C. G. 1304, 2012; C. H. 1302; C. B. 106-113. - 2. Are rescindable at their discretion, but by no means at the discretion of the fellow contracting party. C. I. 341, 1107, 1300; C. G. 1125, 1304; C. H. 1302; C. B. 108, 111, 135, 144; except interdicted persons by way of penalty, against whom incapacity can be opposed by anyone having an interest. C. I. 1107. But where there is question of wives, the husband or their heirs also can oppose the nullity of the contract. C. I. 137; C. G. 225; C. H. 65.

3. Minors can invoke rescission because they are minors from C. I. 1300, 1303; C. H. 1300; because they are harmed from C. G. 1305, 1306. But wives and interdicted persons can invoke rescission even if they were not harmed. C. G. 1305, Rogron in this article; with the case excepted, however, for a minor, if, exercising commerce or an art, he contracted for matters of commerce or art, C. G. 1308; but for a wife, when she is occupied with public and separate commerce, C. G. 220, Rogron in this article; C. I. 135; or buys those things which are necessary for the support of the family, C. H. 62.

4. But they could not invoke this rescission in conscience whenever they acted by fraud and deceived the fellow party, and when the obligation arose from delict or quasi-delict. For no one ought to receive advantage from fraud; nor does the legislator intend to favor fraud and delicts, but the weakness of these persons. C. I. 1305, 1306; C. G. 1307, 1310; C. A. 865, 866; C. B. 109, 828.

5. Once rescission of the contract has been made, they must restore what they received, if they received advantage from the contract. C. I. 1307; C. G. 1312; C. H. 1303, 1304. If no utility came to them, they can use in conscience the benefit of the law, so that they not pay what they received, since such a law is just on account of the common good, for defending persons of this kind against the frauds of the wicked. C. I. 1307; C. G. 1312; C. H. 1163, 1304; Gousset 744-749; L. 918. Cf. here 667, 678, 1085. L. ult. C. de Temp. in integr. restit. grants four years for seeking restitution in full; C. I. 1300, five years. Cf. here 950.

What is interdict? Interdict is a censure by which the use of all divine offices, of some sacraments, and of ecclesiastical burial is prohibited, precisely insofar as it is use. Therefore interdict does not take away jurisdiction. Precisely insofar as it is the use of certain sacred things: because excommunication deprives one of the same use insofar as it is communication with the faithful; but suspension properly impedes not that use of the goods of the faithful, but the exercise of ecclesiastical power. And thus by a general interdict both clerics and lay persons are affected, and by it clerics are indeed prohibited from working sacred things, because these are prohibited in the time of interdict or in an interdicted place, but not as the exercise of sacred ministry. C. Responso 43, de Sent. exc.; C. Permittimus 57, ibid.; C. Alma mater 24, ibid., in VI; C. Si sententia 16, ibid.; C. Non est 11, de Spons.; C. Cum et plantare 3, sec. 3, Quod si de Priv.; C. Episcoporum 8, ibid., in VI; C. Quod in te 11, de Poen. et rem.; L. 328; Schmalzgrueber, nn. 340-349, 398-401; Engel, n. 91; Pichler, n. 45.

What is required for the observance of interdict? In order that an interdict oblige others two things are required. The first is that the interdict has been denounced; otherwise after the Extravagant Ad evitanda we are bound neither to observe a local interdict nor to avoid one personally interdicted, although the person himself personally interdicted ought to abstain from divine things as soon as that censure binds, because no favor was made to those interdicted, just as to the excommunicated, by the cited Extravagant. The other is that a local interdict be commonly observed by those for whose sake it was established. For if they do not observe the interdict, the Church is judged to remit it. C. Petistis 20, de Priv.; Schmalzgrueber, n. 389; Pichler, n. 52.

What is to be said about divine offices? The divine offices which cannot be performed in an interdicted place or by interdicted persons, and at which it is forbidden to be present, are those which are exercised solemnly by clerics alone in a designated place, excepting a sermon, such as the public celebration of Mass, the public celebration of the canonical hours in choir, public and solemn blessings, etc. And in a general local interdict these are prohibited on individual days, except the days of the Nativity of the Lord, Easter, Pentecost, the Assumption of the Blessed Virgin, the day and Octave of Corpus Christi; to these the feast of the Immaculate Conception must be added for all Spain. For then divine offices are permitted to be celebrated solemnly, with interdicted persons also admitted; these indeed are bound to hear Mass on those feasts, provided those who gave cause to the interdict do not approach the altar, either at the Offertory or at Communion. But on other days it is lawful for religious and all clerics, in a general local interdict, to celebrate offices, if they themselves are not interdicted, and they celebrate with doors closed, in a low voice, and without the sound of bells, with excommunicated and interdicted persons excluded, namely those who have been denounced as such, and in such a way that nothing can be heard or seen by those who are outside.

But if the interdict is general personal of the people, nothing prevents divine things from being celebrated daily in the churches, provided the conditions just related are observed. The reason is that by force of this interdict the churches are not interdicted, nor are the clerics. Finally, when the interdict has been special local, it will only be lawful to celebrate Mass once in the week for renewing the Eucharist for the sick. Now although interdict is after the manner of excommunication, nevertheless it does not separate one from the communion of the faithful. Hence if an interdicted person celebrates Mass, we can assist at it; and if an interdicted person is present at divine offices, and when commanded to leave does not wish to do so, one need not therefore cease, unless perhaps the place itself is interdicted, because there the law does not give faculty of celebrating except with interdicted persons excluded. Nor likewise is the cemetery or church polluted by the burial of the same person. Indeed it is lawful to offer sacrifices and pour forth public prayers for him while living or after death.

C. Responsio 43, de Sent. exc.; C. Permittimus 57, ibid.; C. Alma 24, ibid., in VI; C. Quod in te 11, de Poen. et rem.; Clementine Ex frequentibus 1, de Sent. exc.; Martin V, constitution Ineffabile sacramentum; Eugene IV, constitution Excellentissimum; Sacred Consistorial Congregation, December 10, 1913; Schmalzgrueber, nn. 361-368; Laymann, part 4, chap. 2, n. 2; L. 333; Engel, nn. 83, 84, 92; Giraldi, Expos. Iur. Pont., part 1, sec. 811; Pichler, nn. 50, 51.

What is to be said about the sacraments? The sacraments which it is not lawful to administer or receive in an interdicted place, or by interdicted persons, are: the Eucharist, i.e., ordinary distribution of the Eucharist; Extreme Unction, outside the case of necessity, namely when another sacrament cannot be administered with certainty; sacred Order; Matrimony, namely with solemn blessing. C. Quod in te 11, de Poen. et rem.; C. Non est 11, de Spons.; C. Responso, de Sent. exc. By the Sacred Consistorial Congregation, December 10, 1913, the public administration of the sacraments is prohibited.

Therefore 1. Baptism is lawful, and can be given even solemnly; but not by one specially interdicted, outside the case of necessity. C. Non est 11, de Spons.; Sacred Consistorial Congregation, December 13, 1913; Schmalzgrueber, n. 351.

2. Confirmation is lawful, even solemnly; but again by no means conferred by one specially interdicted, or in favor of one who has been specially interdicted, unless he first makes satisfaction, or, if he cannot, furnishes security concerning making satisfaction, or, if he can do neither, swears that he will make satisfaction when he can. C. Responso 43, de Sent. exc.; C. Quoniam 19, ibid., in VI; C. Alma 24, ibid.; C. Clerici 3, de Cler. exc. min.; C. Latores 4, ibid.; Schmalzgrueber, n. 352.

3. Penance is lawful, but not conferred by one specially interdicted outside the case of necessity, nor in favor of those who are specially interdicted unless they furnish satisfaction, or if they cannot, security, or if they can do neither, swear that they will make satisfaction when they can. C. Quod in te 11, de Poen. et rem.; C. Alma 24, de Sent. exc., in VI. "Yet if it is administered by one interdicted, even specially denounced, the sacrament will more probably be valid, because interdict removes not jurisdiction but the use of divine things." Schmalzgrueber, n. 353.

4. Viaticum is lawful in danger or in the article of death, but not in favor of one specially interdicted unless he first makes satisfaction, or, if he cannot, furnishes security, or, if he cannot even do this, swears that he will make satisfaction. In this case the Most Holy Sacrament can and must be carried to the house of the sick person with the customary solemnity, with clerics accompanying, candles lit, and bells rung. Once the Sacrament has been carried, it is also lawful for the priest to show it to the people for adoration and to bless them with it; for these things are not prohibited by interdict, except in the sacrifice of Mass. But in order that the most holy Eucharist can be ministered to those existing in the article of death, it has been granted, as we have already said, to renew it once in any week by celebrating the sacrifice of Mass. C. Quod in te 11, de Poen. et rem.; C. Permittimus 57, de Sent. exc.; C. Alma, ibid., in VI; Sacred Consistorial Congregation, December 10, 1913; Laymann, part 4, chap. 2, n. 1; Schmalzgrueber, n. 354.

5. Extreme Unction is lawful "if the sick person can receive no other sacrament; for then extreme unction can be ministered to him from the presumed will of the Church, because it is not to be believed that the Church wishes to deny her faithful, and especially the dying, the aid of the sacraments, especially when the eternal salvation of the sick person, the sacrament not having been received, is not lightly endangered; this danger is for the greatest part tempered by the sacrament of extreme unction received." Schmalzgrueber, n. 355. "But religious," says St. Alphonsus, 334, "it is common, in the time of interdict, can receive Communion and extreme unction."

6. Order is lawful for those interdicted only generally and in a place not interdicted. The reason is that any reception and administration of the sacraments in an interdicted place, and to persons specially interdicted, is prohibited; but otherwise to those who are generally interdicted in a place not interdicted. Moreover, order is lawful if the case, which is entirely rare, should happen, "that in some province there is so great a lack of priests that the sacrament of penance and of the Eucharist could not conveniently be ministered to the sick.... The reason is that by C. Alma some sacraments are permitted to be administered and confected in the time of interdict; consequently, therefore, the ordination of ministers who will be necessary for this must be permitted, otherwise that concession would be useless. Confirm by parity: from the fact that in the time of interdict the ministration of baptism and confirmation is conceded, the blessing of the font and confection of chrism, without which those sacraments cannot be ministered, are also judged conceded. Therefore, since the sacrament of penance and of the Eucharist cannot be ministered without ministers either, from the concession of these the concession of the ordination of those ministers is rightly inferred." Schmalzgrueber, n. 356.

7. Matrimony is lawful. Since in law it is held that it can be contracted at any time, it is not comprehended in an interdict. Hence it can be contracted in an interdicted place and by persons generally interdicted. "Indeed even those specially interdicted, if they are penitent and contrite, are in no way excluded from contracting it; because they are not prohibited by force of an obstacle, which is removed through repentance." Schmalzgrueber, n. 328. Yet the solemn blessing cannot then be given to the spouses. For this is contained under the divine office. Therefore just as this, so that blessing is prohibited in time of interdict. C. Non est 11, de Spons.; Sacred Consistorial Congregation, December 10, 1913; Schmalzgrueber, nn. 357-360; La Croix, n. 420; L. 334; Laymann, chap. 2, n. 1; Engel, n. 94; Pichler, n. 50.

What is to be said about ecclesiastical burial? In a general local interdict, lay persons who have not been specially interdicted through their own fault, unless they are transferred to another sacred place not interdicted, from C. Si sententia 16, de Sent. exc., in VI, must be buried in a non-sacred place, even if there is question of infants and the insane. But if they have been buried in a sacred place under interdict, they need not be exhumed, because this is not held established in law, although it is otherwise concerning the excommunicated. C. Sacris 12, de Sepult. But when the interdict ceases, all are to be replaced in a sacred place.

Clerics, if they are not interdicted by name and have observed the interdict, can be buried in a sacred place under interdict, but silently and without solemnity; indeed even in a Church interdicted by a special interdict. If the interdict is special local, no one doubts that ecclesiastical burial is prohibited to lay persons. But in a personal interdict, whether general or particular, both clerics and lay persons can be buried in a Church not interdicted if they have not been denounced. For those with whom we communicate while living, we can also communicate with when dead.

But an interdicted person denounced by name, if he dies without absolution and has given no sign of repentance, or there is no probable opinion that such a sign was given by him, must be buried outside a sacred place. But if it is established that he gave such a sign, he can, with indirect absolution from the interdict furnished, be handed over to ecclesiastical burial. C. Quod in te 11, de Poen. et rem.; C. Episcoporum 8, de Priv., in VI; Clementine Eos qui 1, de Sepult.; Schmalzgrueber, nn. 369-378; Laymann, chap. 2, n. 3; L. 335; Engel, nn. 95-97; Salmanticenses, tome 10, chap. 6, part 6; Pichler, n. 50.

What is to be said about interdict from entrance into the Church? Interdict from entrance into the Church is a certain special and partial interdict by which someone is prohibited from exercising sacred order in the Church, assisting at divine offices, and from ecclesiastical burial. Hence "it deprives only of participation in divine things in the Church..., so that one thus interdicted can neither celebrate in it, nor be buried, nor give or receive sacraments, nor exercise any sacred ministry, nor hear Mass or another divine office....

By Church is understood any temple deputed by the authority of the Bishop for sacred things to be done, whether it is blessed or not.... Therefore celebration or participation in divine things in such a Church is interdicted by this censure, not outside it.... Therefore outside the Church all other things which were otherwise lawful to such a person afterwards are lawful, such as to perform the sacred rite in an approved private oratory, to receive the sacrament of unction in his house, and any other sacraments outside the Church." Suarez, De Cens., disp. 35, sec. 4. Likewise "by force of this interdict ecclesiastical burial is prohibited, even in a cemetery not contiguous..., yet one is not deprived of entrance into a cemetery even contiguous to the Church, nor of the celebration of divine offices in it." Suarez, l.c. By force of this interdict entrance into the Church is not also prohibited for pouring forth only private prayers in it; indeed also more probably for receiving sacraments in it privately. Likewise it is not prohibited to hear a sermon in the Church. The reason is that these things are signified by no law. C. Sacro 48, de Sent. exc.; C. Is cui 20, ibid., in VI; Schmalzgrueber, nn. 379-388; Salmanticenses, n. 89; Engel, nn. 98-99; Bonacina, De Interd., disp. 5, part 6, nn. 11-12; Coninck, disp. 17, dub. 2.

How many kinds of interdict are there? One interdict is local, which immediately affects a place; another personal, which immediately affects persons; another mixed, which immediately affects place and person. But any one of these can be general or particular, according as it affects some whole region or community, or some determinate place, e.g., a given oratory, or some person in particular. A special personal interdict is a true censure; and local interdict and general personal interdict are not censures, but a certain privation, and therefore oblige all, even the innocent. For it can be imposed because of a very grave delict of the head or of the principal members, although the rest are free from fault. But it cannot be removed except by one having jurisdiction in the external forum. For a place and a community are not subject to the penitential forum. The same must be said for the same reason about suspension imposed on a community. When a city is interdicted, the suburbs, the cathedral church, and the exempt churches of regulars are also interdicted; and all are bound to observe it, even the Bishop who imposed it, with the one exception of the Pontiff. But it is lawful in this case to go elsewhere in order to assist at divine offices. Indeed religious, when an interdict is observed by the cathedral or mother, or parish, church, are bound to observe it, even if it is null from any head whatsoever. But if the interdict is general personal, these are excepted: 1. Bishops, who are also exempt from general suspension; 2. innocent persons, if they establish domicile elsewhere; 3. outsiders; 4. infants and the insane, incapable of malice, who nevertheless are still deprived of ecclesiastical burial. But all who gave cause to any local or personal general interdict remain interdicted by the law itself from the Decretals. But after the constitution Apostolicae Sedis this interdict, which is special personal, no longer has force. Moreover, when the people is interdicted, those who are not part of the people are not understood as interdicted, such as clerics, students, pilgrims. When the clergy is interdicted, lay persons are not interdicted, nor religious, indeed neither are other clerics who have no office or benefice there, for these do not constitute one body with the clergy. C. Praesenti 10, de Sent. exc., in VI; C. Si sententia 19, ibid.; C. Si civitas 17, ibid.; C. Alma mater 24, ibid.; C. Auctoritate 4, de Priv., in VI; C. Licet 11; Clementine Ex frequentibus 1, de Sent. exc.; Schmalzgrueber, nn. 324-333; L. 311, 322, 329-334, 338; Laymann, chaps. 1, 4; Engel, nn. 83-88; Suarez, disp. 33, sec. 1, n. 6; Bonacina, disp. 4, q. 1, part 1; disp. 2, q. 8, part 14; Pichler, n. 48; Coninck, dub. 1.

What is to be said about violation of interdict?

Both clerics and lay persons violating an interdict, whether personal or local, whether general or special, sin gravely when there is question of a grave matter. Moreover, those who command or compel the ecclesiastical burial of a man interdicted by name incur excommunication reserved to no one. Constitution Apostolicae Sedis, Excommunications reserved to no one, par. 1. If clerics specially interdicted exercise sacred order, or knowingly celebrate in a place placed under interdict, they incur irregularity. Moreover, clerics violating an interdict incur suspension and interdict in the cases designated in the constitution Apostolicae Sedis, par. 6 of Suspensions and par. 2 of Interdicts. The same clerics violating an interdict do not enjoy the privilege by force of which they can be buried in a sacred place in time of interdict. A cleric or religious, even a nun, violating a local interdict is rendered incapable of both active and passive election. This penalty is extended by most doctors also to violators of a personal interdict. C. Cum medicinalis 1, de Sent. exc., in VI; C. Is qui 18, sec. Is vero; C. Is cui 20, ibid.; Clementine Gravis 2, e.t.; C. Quod in te 91, de Poen. et rem.; Council of Trent, sess. 25, chap. 12, de Reg.; Schmalzgrueber, nn. 390-397; Laymann, chap. 3; Coninck, dub. 3, 3; L. 336.

The city of Adria with its suburb was subjected to a general, local, and personal interdict by Decree of the Sacred Consistorial Congregation, September 30, 1909, which explained it thus: "By such censure there is prohibited in the churches of Adria and of Tomba: 1. the celebration of Holy Mass with all the other sacred functions; 2. the ringing of bells; 3. the public administration of the Sacraments; and 4. solemn funerals. Only these are permitted: 1. the administration of Baptism to children, and of the other Sacraments with the Most Holy Viaticum to the sick; 2. the private celebration of marriages; 3. one single Mass per week for the renewal of the Most Holy Eucharist. "It is then warned that, if violators of the interdict sin gravely, priests would incur irregularity. "Then by order of His Holiness, on Sunday, October 10, in all the other parishes of the diocese, public prayers of penance are to be made to implore the divine mercies upon the guilty." A.A.S., vol. 5, p. 517.

What is cessation from divine things? Cessation from divine things is usually placed under interdict. It is not a censure, nor properly a penalty, but a mere prohibition and privation. For it is a prohibition made primarily to clerics, that they abstain from the sacrifice of Mass, the administration of the sacraments, and from divine offices to be celebrated in some sacred place. It is imposed because of a notorious and most grave delict perpetrated in the Church itself, if the guilty person has not wished to make satisfaction, as a sign of the Church's grief, for repairing the injury inflicted on the Church.

Since it is akin to a local interdict, the sacraments and several other things which are lawful in an interdict of this kind are also lawful in this cessation from divine things; yet those violating it incur no irregularity. But since ecclesiastical burial is prohibited by no law in the time of cessation from divine things, it is not to be asserted. Therefore not only clerics but also lay persons can be buried in a cemetery and church; yet without the solemnity of divine offices. It can be imposed by the same persons who can impose censures. The cause because of which it is imposed must be expressed in a public instrument through a notary, or in other patent letters furnished with an authentic seal, which must be handed over to him against whom the cessation is indicated.

Moreover, the delinquent must first be warned whether he wishes to furnish satisfaction and amendment, because it is not indicated except into contumacy. Since the matter is most grave, it obliges under grave obligation, and even exempt religious are bound to observe it. Clementine Ex frequentibus 1, de Sent. exc.; C. Dilectis 55, de Appell.; C. Irrefragabili 13, de Off. ord.; C. Si canonici 2, ibid., in VI; C. Quamvis 8, ibid.; C. Non est vobis 11, de Spons.; Schmalzgrueber, nn. 402-425; Pichler, n. 54; Engel, nn. 101, 102; Laymann, part 4, chap. 6; L. 340; Coninck, dub. 7.

I. Universities, Colleges, and Chapters, by whatever name they may be called, appealing from the ordinances or mandates of the same Roman Pontiff existing for the time to a future universal Council, incur by the law itself an interdict reserved in a special manner to the Roman Pontiff.

Universities, Colleges, and Chapters: therefore this interdict is not imposed on all and each, but on the communities themselves. The present interdict, therefore, is not a special interdict, but a general one of persons, affecting not singular persons but moral bodies. Hence it does not have the nature of censure, and therefore clerics who did not give cause for it, violating it by exercising order, do not contract irregularity. Nevertheless it binds the individual members of them, otherwise it would be useless, whether clerics or laymen, whether guilty or innocent. By whatever name they may be called: other similar communities of particular persons are comprehended, called by any other name, Confraternity, Congregation, etc., whether secular or ecclesiastical. Appealing: to incur this interdict it is not necessary that all from that community appeal, but it is enough if several appeal, yet in the name of the community. Bull In Coena, § 2; Bonacina, appendix, tom. 1, de Interdicto, disp. 5, part 8, nn. 8, 9, tom. 3, de Cens. in part., disp. 4, q. 1, part 5.

1002. Definition. - An interdict is a censure by which, as punishment for some crime, the use of divine Offices, of certain Sacraments, and of ecclesiastical burial is prohibited to certain persons or in certain places.

Hence an interdict differs: 1. from excommunication, which deprives one of greater goods than an interdict and affects not places but persons alone;

2. from suspension, which affects Clerics alone and deprives them of sacred things only insofar as these are the use of some ecclesiastical ministry, but not insofar as they are goods of the faithful; moreover, an interdict affects places and deprives one of ecclesiastical burial, but suspension does not; 3. from irregularity and from cessation from divine Offices, which properly and of themselves do not have the character of a penalty and therefore not of a censure. See St. Alphonsus, no. 328 and following.

Division. An interdict is manifold, namely: 1. personal, local, or mixed, insofar as it immediately affects a person, a place, or both together.

2. General or particular, insofar as it extends to an entire region, city, and community, or is restricted to an Oratory, a particular Church, or determinate persons.

1003. Rules. - I. A general interdict falls only upon the persons or places designated. Hence: 1. if the Clergy of some place is interdicted, the people are not thereby interdicted, nor are Regulars interdicted; and conversely. 2. If a city is interdicted, innocent inhabitants are not interdicted and can go elsewhere to assist at divine Offices. If the citizens of a city are interdicted, the Churches are not subject to the interdict; travelers can assist at Offices there. Bishops are always exempt unless they have been specially designated.

II. An interdict imposed without limitation upon some whole affects all its parts. Hence: 1. the interdict of a city includes all the Churches of that city, even those exempt from the jurisdiction of the one imposing the interdict, because then they are interdicted by law. 2. The interdict of a family or community embraces each of its members, even all those who began to be members of that community after the interdict was imposed. 3. The interdict of a Church extends to each chapel contained within it, but the converse cannot be said.

III. An interdict imposed upon certain places, for example, a fortress or city, also affects the suburbs and contiguous buildings. Hence, if a Church is interdicted, chapels which immediately touch it and contiguous cemeteries are interdicted; but not conversely, because the accessory follows the principal, and not the principal the accessory.

1004. Questions. - QUESTION 1. What are the effects of an interdict?

Reply. There are three, as is clear from the definition given above, namely:

1. Prohibition from divine Offices, namely, from Mass, public and solemn prayer, public recitation of the Hours in choir, public blessing of water, oil, a church, candles, etc. Clerics who do not fall under the interdict can celebrate, but with the doors closed and without the sound of bells. St. Alphonsus, no. 333.

2. Prohibition from administering and receiving certain Sacraments, namely, the Eucharist, Order, and Extreme Unction. Viaticum can be administered to the dying, and according to some, Extreme Unction also. Baptism, even solemn, Confirmation, and Penance are permitted to all except those who gave cause for the interdict, even by aid or favor. Matrimony also is more probably permitted, but without the blessing. See St. Alphonsus, no. 334.

3. Prohibition from ecclesiastical burial. In a local interdict it extends even to infants and the insane. Nevertheless, Clerics not interdicted by name can be buried in a Church, with Mass; indeed, even if the Church were specially interdicted, but without Mass. St. Alphonsus, no. 335.

1005. • QUESTION 2. How do those who violate an interdict sin, and what penalties do they incur?

Reply 1. As to Clerics. 1. They sin gravely by violating a personal interdict, because the matter is grave, unless slightness of matter excuses, for example, if they exercise functions which can be performed by laymen, or if they leave the door of a church open for a short time, etc. 2. They also sin gravely by violating a local interdict, if the place is specially or generally interdicted and they act publicly, with the doors open, against the prohibition; otherwise they sin only venially. But if, notwithstanding the interdict, they exercise sacred functions, they incur irregularity. Finally, by the fact itself they incur interdict from entrance into a Church if they celebrate or cause divine Offices to be celebrated in an interdicted place, or admit to divine Offices, the Sacraments, or ecclesiastical burial those excommunicated by name ¹, as is said below. St. Alphonsus, no. 336.

¹ Understand this if they are excommunicated by name by persons other than the Roman Pontiff. For if Clerics knowingly and of their own accord conduct themselves thus with persons excommunicated by name by the Roman Pontiff, they incur an excommunication reserved to the same Pontiff. See above, no. 975, XVII.

Reply 2. As to laymen. 1. Those who violate a personal interdict sin gravely, since it affects them directly. 2. Those who violate a local interdict likewise sin gravely if they compel Clerics to celebrate divine Offices contrary to the interdict. Likewise, if they were to receive the Sacraments in an interdicted place, because they would cooperate in that which is prohibited to Clerics under grave sin. 3. But they sin only venially if, while the place is interdicted but they are not personally interdicted, they merely assist at divine Offices. St. Alphonsus, ibid.

QUESTION 3. For what cause can an interdict be imposed?

Reply. Properly speaking, it cannot be imposed except for grave fault opposed to the common good. Thus, for a personal interdict, the fault of the one interdicted is required, for punishment is imposed because of fault. But for a general and local interdict, the fault of the one who is head of the community, or of its principal members, suffices. This is gathered from Canon Law. St. Alphonsus, no. 337.

1006. • I. Those who, already distinguished by the episcopal character ², and nominated, presented, or elected to vacant Churches, dare to undertake their care, government, and administration before the presentation of the Apostolic Letters, incur the penalty of interdict from entrance into a Church reserved in a special manner to the Roman Pontiff (from the Constitution of Pius IX, Romanus Pontifex, 28 August 1873).

² See above, no. 973, XIII, and no. 998, I.

II. Universities, Colleges, and Chapters, by whatever name they are called, which appeal from ordinances or mandates of the reigning Roman Pontiff to a future general Council, incur by the law itself an interdict reserved in a special manner to the Roman Pontiff (from the Constitution Apostolicae Sedis) ³.

³ This interdict differs from the excommunication likewise imposed against those appealing to a future Council, concerning which above, no. 972, IV; for there individual persons are punished, whereas here moral persons are punished. Nevertheless, the interdict binds the individual members of these bodies; otherwise it would be useless (chapter 16, On the Sentence of Excommunication, in the Sixth).

Furthermore, since an interdict of this kind does not have the force of a censure, Clerics who did not give cause for it do not contract irregularity if they violate it by exercising an Order.

The question is asked whether those incurring this interdict also contract the excommunication concerning which no. 972, IV? I do not think so, says the Rieti Commentary, chiefly because there the matter concerns individuals, but here moral persons. From this it can furthermore be understood that those who furnish aid, counsel, or favor to these moral persons do not incur this interdict, because our Constitution passes them over; but neither do they incur that excommunication, because they furnish these things not to the individuals mentioned there, but to a moral person. See the cited Rieti Commentary, no. 158.

1007. • Those who knowingly celebrate or cause divine Offices to be celebrated in places interdicted by the Ordinary, by a delegated Judge, or by law; or who admit persons excommunicated by name to divine Offices, ecclesiastical Sacraments, or ecclesiastical burial, incur by the law itself an interdict from entrance into a Church until they have duly made satisfaction at the discretion of him whose sentence they have contemned (from the Constitution Apostolicae Sedis) ⁴.

⁴ This penalty, says the Rieti Commentary, as formerly, so also today, binds Clerics alone; for the Pontiff says, those causing celebration... those admitting; but these are acts of those who have authority in sacred places.

This article has two parts. The first pertains to those who celebrate or cause divine Offices to be celebrated in interdicted places. But by divine Offices, as elsewhere, see above, no. 975, XVII, in the Note, we understand those things which it is lawful for ministers of the Church alone to perform. That it is unlawful to celebrate, etc., must be understood as in the old law, excepting those days and places, and with the conditions observed, in which it was then lawful. Now, under the old law, in a specially interdicted Church it is lawful to offer the sacred rite once a week for renewing the Eucharist, lest it be lacking to the dying; and in Conventual Churches it is lawful to recite the canonical Hours in groups of two or three. But if the interdict is general, it is lawful daily to offer the sacred rite and perform other divine Offices, but without the bells being rung, with the doors closed, those under interdict excluded, and in such a way that by those who are outside nothing can be heard and nothing seen. See the Rieti Commentary, no. 160.

The other part of the article pertains to those who admit persons excommunicated by name to divine Offices or to the Sacraments, namely, excepting Penance and Viaticum at the point of death. The word admitting indicates those to whose care it pertains to prohibit or admit someone to an act of this kind, that is, it pertains to those who have governance of the Church or cemetery. Therefore these alone are bound by the interdict, and not other Clerics who assist at divine Offices in the manner of laymen or accompany a funeral; nor those who furnish counsel or favor to the persons admitting.

Moreover, not every fear or compulsion excuses those admitting, but only grave fear; for of their own accord is not added here as elsewhere, see above, no. 975, XVII, nor is it to be believed that this was omitted without deliberation. Furthermore, besides the interdict, the other canonical penalties concerning which chapter 8, On Privileges, in the Sixth, do not bind them.

1008. • I. Chapters of Churches, while the See is vacant, are not permitted within a year from the day of the vacancy to grant permission for ordination or dimissorial letters to anyone who has not been constrained by reason of an ecclesiastical Benefice received or to be received. If otherwise is done, the Chapter acting contrary is subject to an ecclesiastical interdict (from session 7, chapter 10, On Reformation).

II. As the contumacy increases, namely, of a Bishop absent beyond the second six-month period, the Metropolitan is bound within three months to denounce the absent Bishops to the Roman Pontiff by letter or messenger, and the oldest resident suffragan Bishop to denounce the absent Metropolitan, under penalty of interdict from entrance into a Church incurred by the fact itself (from session 6, chapter 1, On Reformation).

1159. I. Notion. Interdict is a censure by which the faithful, while remaining in the communion of the Church, are prohibited from the sacred things indicated below.

It differs from excommunication and suspension. For excommunication "can affect only physical persons, and therefore, if at any time it is brought upon a moral body, it is understood to affect the individuals who have concurred in the delict; interdict and suspension can also affect a community as a moral person; excommunication and interdict can affect even laymen; suspension, only clerics; interdict can also affect a place; excommunication is always a censure; interdict and suspension can be either censures or vindicative penalties, but in doubt are presumed to be censures."¹¹

¹¹ Code, c. 2255, § 2.

1160. II. Species and effects. One must distinguish between personal interdict and local interdict.

1. Personal interdict is that which immediately and directly affects persons and adheres to them, so that they are subject to it everywhere.

Those personally interdicted: a) cannot celebrate divine offices or assist at them, except the preaching of the word of God; those passively assisting need not be expelled; but from active assistance, which carries with it some participation in celebrating divine offices, the interdicted must be repelled after a condemnatory or declaratory sentence has been brought, or when otherwise notoriously interdicted; b) they are prohibited from receiving the sacraments, and indeed, after a declaratory or condemnatory sentence, also sacramentals; they are also prohibited from confecting and administering Sacraments and Sacramentals; yet the faithful can seek sacraments and sacramentals for any cause from one simply interdicted, but from one to be avoided only in the necessity of danger of death; c) they are prohibited from the right of electing, presenting, nominating, obtaining dignities and offices in the Church, and receiving orders, and after a declaratory or condemnatory sentence they cannot validly obtain any pontifical grace; d) they lack ecclesiastical burial after a declaratory or condemnatory sentence.¹²

¹² Code, c. 2275.

1161. 2. Local interdict is that which directly affects places and not persons, so that persons in another place are not kept from divine things.

A) If it immediately touches some territory, for example, a kingdom, city, village, there is a general local interdict.

If nothing else has been expressed by the decree of interdict: a) clerics not personally interdicted are permitted to perform all divine offices and sacred rites privately, with doors closed; b) but in the cathedral church, in parish churches, or in a church which is the only one in a town, and in these alone, there are permitted the celebration of one Mass, reservation of the Most Holy Sacrament, administration of baptism, Eucharist, penance, assistance at marriages, with nuptial blessing excluded, funerals of the dead, preaching, etc., but without solemnity.¹³

¹³ Code, c. 2271.

B) If the interdict immediately touches certain sacred places, for example, this oratory, this church, or all churches of this place, there is a particular local interdict.

In this case, "if an altar or chapel of some church has been interdicted, no sacred office or sacred rite is to be celebrated in them. If a cemetery has been interdicted, the bodies of the faithful can indeed be buried there, but without any ecclesiastical rite."¹⁴ If capitular churches (the chapter not being interdicted) or parish churches have been interdicted, sacred rites without solemnity are permitted, unless the decree of interdict disposes otherwise.¹⁵

¹⁴ Code, c. 2272, § 1-2.

¹⁵ Ibid., § 3.

He who is subject to a local interdict or to an interdict upon a community or college, without having given cause for it, can receive the sacraments without absolution from the interdict or other satisfaction.¹⁶

¹⁶ Code, c. 2276.

N. B. "On the day of the Nativity of the Lord, Easter, Pentecost, the Most Holy Body of Christ, and the Assumption of the Blessed Virgin Mary into heaven, a local interdict is suspended, and only the conferral of orders and solemn blessing of nuptials is prohibited."¹⁷

¹⁷ Code, c. 2270, § 2.

1162. Scholium. Akin to interdict properly so called is interdict from the entrance of the church and cessation from divine things.

"Interdict from the entrance of the church carries with it the prohibition that someone celebrate divine offices in a church or assist at them, or have ecclesiastical burial; but if he assists, it is not necessary that he be expelled, nor, if he is buried, is it necessary that the corpse be removed."¹⁸

¹⁸ Code, c. 2277.

1224. I. Universities, Colleges, Chapters, or other moral persons, by whatever name they may be called, appealing from laws, decrees, or mandates of the Roman Pontiff existing at the time to a Universal Council, incur an interdict reserved in a special manner to the Apostolic See.³

³ Code, c. 2332.

1225. II. "Those knowingly celebrating, or causing divine things to be celebrated, in interdicted places, or admitting to the celebration of divine offices forbidden by censure clerics excommunicated, interdicted, or suspended after a declaratory or condemnatory sentence, contract by the law itself an interdict from entrance into a church, until, at the judgment of him whose sentence they have contemned, they have fittingly made satisfaction."⁴

⁴ Code, c. 2338, § 3.

1226. III. "Those who gave cause for a local interdict, or for an interdict against a community or college, are by the fact itself personally interdicted."⁵

⁵ Ibid., § 4.

1227. IV. Those spontaneously giving ecclesiastical burial to infidels, apostates from the faith, or heretics, schismatics, or others either excommunicated or interdicted after a declaratory or condemnatory sentence, contract an interdict from entrance into a church, reserved to the Ordinary.⁶

⁶ Code, c. 2339.

In the Code there first occurs a very logically ordered distribution of penalties according to the varied nature and reason of delicts. For our use, we shall enumerate censures in order according to their severity. Those which pertain to moral theology have almost all been explained in their own places.

— I. Excommunications most specially reserved have been brought:

1. against him who has thrown away the consecrated species or has carried them off or retained them for an evil end (c. 2320).

Therefore there are punished the thief who throws away the species in order to steal the pyx, and the impious man who carries off or retains the consecrated species for sacrilegious abuses;

2. against him who has laid violent hands upon the person of the Roman Pontiff (c. 2343);

3. against one guilty of the absolution of an accomplice (c. 2367). Cf. what has been said at n. 502;

4. against a confessor who has presumed directly to violate the sacramental seal (c. 2368. Cf. what has been said at n. 524);

5. against those violating the secret of the Holy Office concerning the information required about candidates for the episcopate (cf. resp. S. C. Cons., 24 Apr. 1917, A.A.S. IX, 232);

6. against those who, having a part in the conclave, shall have directly or indirectly violated the secret in those things which regard the election of the Roman Pontiff and which are transacted in the conclave or in the place of election (Vacante Sede, Pius X, 25 Dec. 1904, nn. 51, 52).

You should observe that both of the latter are governed by a more severe law, since outside danger of death they cannot be absolved even by the Major Cardinal Penitentiary himself. But in practice the same Cardinal will be the smoother and safer way by which absolution can be obtained from the Supreme Pontiff.

— They incur an excommunication specially reserved to the Roman Pontiff:

1. apostates, heretics, schismatics (c. 2314);

2. those suspected of heresy, if, having been warned, after six months they do not amend themselves (c. 2315).

The following are suspected of heresy: those favoring the propagation of heresy or communicating in divine things with heretics (c. 2361); those who enter into a pact concerning the non-Catholic education of offspring or who procure its baptism or education outside the Catholic Church (c. 2319); those who sacrilegiously treat the consecrated species according to the norm of c. 2320; those appealing from the decrees of the Roman Pontiff to a Universal Council (c. 2332); those who, with hardened mind, for a year have remained sordid in excommunication (c. 2340); those who are ordained simoniacally, ordain, or administer other sacraments (c. 2371);

3. those publishing books of apostates, heretics, or schismatics which defend apostasy, heresy, or schism; those defending or knowingly reading the same books or books prohibited by name through apostolic letters (c. 2318; cf. n. 901 [apparent intended cross-reference: n. 904]);

4. one not promoted to the priesthood who simulates the celebration of Mass or hears a confession (c. 2322);

5. those appealing to a universal Council (c. 2332);

6. those impeding the letters or acts of the Holy See or of its legates (c. 2333);

7. those issuing laws, mandates, or decrees against the liberty or rights of the Church; those recurring to any lay power whatsoever to impede the exercise of ecclesiastical jurisdiction (c. 2334).

"Those issuing," by force of the word, are only those promulgating, and Cerato, De censuris, n. 96, comprehends only them. Yet the more common opinion, relying on the interpretation of the old law, also embraces those who establish the same things either by individual will or by common and efficacious suffrage. Cf. Epitome Iuris, III, 684.

In the other part of the censure, recourse is understood as efficacious, and as made to some lay power;

8. those dragging before a lay judge a Cardinal, a Legate of the Holy See, a higher official of the Roman Curia, or their own Ordinary (c. 2341. Cf. n. 12 on the privilege of forum);

9. those laying violent hands upon a Cardinal, a Legate of the Holy See, a patriarch, archbishop, or bishop (c. 2343; cf. n. 10);

10. those usurping or detaining, by themselves or through others, the goods or rights of the Roman Church (c. 2345);

11. forgers of letters of the Holy See and those using forged ones (c. 2360);

12. one falsely denouncing a confessor for solicitation before Superiors (c. 2363; cf. n. 569).

— III. They incur an excommunication simply reserved to the Roman Pontiff:

1. those making gain from indulgences (c. 2327).

They make gain from indulgences who strive to obtain monies either for the obtaining, or for the concession, or for the publication of indulgences, even in favor of a pious cause. From the moment the money has been accepted, the excommunication is contracted. All, and no longer only those inferior to bishops, as in the Constitution Apostolicae Sedis, are punished by this penalty.

— 2. Those giving their name to a Masonic sect (c. 2355).

Sects here are distinguished by two notes: 1. by secrecy, by which, whether members or leaders, they are bound as to the constitution, ends, and means of the sect; 2. by machination, secret or open, against the Church or legitimate civil powers.

Religious or clerics giving their name to a sect of this kind must be denounced to the Sacred Congregation of the Holy Office.

You ask what things must be required for absolving him who has given his name to a Masonic sect?

1. If the faculty has been sought from the Sacred Penitentiary, its prescriptions must be observed, and recourse must be made to it if any difficulty seems to obstruct the execution.

But the Holy See is accustomed to require, besides separation from the sect and repair of scandal, abjuration of the sect [printed/OCR: "stopping up of the sect"] (excepting children and the dying), the handing over of books, manuscripts, and signs pertaining to the sect into the hands of confessors, so that they may be transmitted as soon as possible to the Ordinary, or at least, if just and grave causes demand it, burned; and the injunction of a grave penance with frequency of the sacraments.

2. Therefore we shall prudently try to obtain these things, even when recourse to the Holy See was not necessary. If too great a difficulty has obstructed this, at least those things must be required which the natural law demands: the suppression of cooperation, the repair of scandal, the revelation of a harmful secret. But let us explain the obligations in such a way that we seem to require nothing which is opposed to "honor."

Nor are those immediately to be dismissed unabsolved who, in order to avoid penalties, do not break off all communication with the sect, if the communication is neither scandalous, nor useful to the sect, nor spiritually dangerous to themselves (cf. d'Annibale, I, 391, note 4).

Those will be able to be absolved more easily who no longer attend meetings, but, for grave reasons, abstain from formal repudiation.

A dying man, near to death and who seems to be constituted in good faith, will be able to be absolved if in general he subjects himself to the authority and mandates of the Holy See. But the scandal is to be repaired in the best way in which it can be, even after death;

— 3. those absolving without faculty from an excommunication most specially or specially reserved to the Holy See (c. 2338);

4. those communicating in a delict or in divine things with an excommunicate to be avoided (c. 2338);

5. those dragging before a lay judge a Bishop, a Prelate nullius, or a supreme religious Superior (c. 2341);

6. those violating the cloister of nuns, and nuns illegitimately going out from the cloister (c. 2342; cf. n. 145);

7. those violating the cloister of Regulars (c. 2342; cf. n. 145);

8. those usurping ecclesiastical goods (c. 2346);

9. duelists and their accomplices (c. 2351; cf. tome II);

10. clerics in sacred orders and those bound by a solemn vow of chastity, attempting matrimony, and their partners (c. 2388; cf. n. 128);

11. simoniacs in offices, benefices, and dignities (c. 2392; cf. tome II);

12. those removing or changing a document from the episcopal Curia (c. 2405).

— IV. They incur an excommunication reserved to the Ordinary:

1. those entering into matrimony before a non-Catholic minister (c. 2319);

2. those contracting matrimony with a pact that offspring be educated outside the Church (c. 2319);

3. those knowingly offering children to be baptized by a non-Catholic minister (c. 2319);

4. those knowingly handing over children to be educated in a non-Catholic religion (c. 2319);

5. those making, distributing, or exposing false relics (c. 2326);

6. those laying violent hands upon simple clerics or religious (c. 2343; cf. n. 12);

7. those procuring abortion, the effect following (c. 2350; cf. tome II);

8. a religious apostate from religion (c. 2385; cf. n. 155);

9. professed of perpetual simple vows contracting matrimony, and their partners (c. 2388; cf. n. 137).

— V. They incur an excommunication reserved to no one:

1. those publishing without license books on Sacred Scripture (c. 2318; cf. n. 900):

— 2. those daring to order or compel that unbelievers, apostates, non-Catholics, censured persons excluded by c. 1240 be given ecclesiastical burial (c. 2339).

Unless before death they have given some signs of repentance, the following are deprived of ecclesiastical burial: 1. "notorious apostates from the Christian faith, or those notoriously attached to a heretical or schismatic sect, or to a Masonic sect or other societies of the same kind; 2° excommunicates or interdicted persons after a condemnatory or declaratory sentence; 3° those who killed themselves by deliberate counsel; 4° those who died in a duel or from a wound received from it; 5° those who have ordered their body to be given to cremation; 6° other public and manifest sinners" (c. 1240, §1).

To remove scandal in certain cases, as c. 1240, §2 insinuates, every funeral pomp will sometimes have to be denied; in doubt about this matter, the Ordinary will have to be consulted.

Ecclesiastical burial embraces three things: the transfer of the corpse to the church; the obsequies celebrated over it; its deposition in a place legitimately deputed for burying the faithful. Wherefore several authors, Cerato, n. 64; Eichmann, Strafrecht der Kirche, §41; Cappello, De Censuris, n. 173, think that the censure is not contracted by those who merely order inhumation, but not the sacred rite; nevertheless most judge that these are affected by the censure, e.g., Creusen, III, 538: that severity is required by the interpretation of the old law, by the end of the law, and by the manner in which the rights of the Church are violated today. Yet we would not wish to call the more benign opinion improbable, especially if we consider the number of those who are ordered to be deprived of burial.

Although even private persons can compel, nevertheless those ordering or compelling can be understood only of public powers. But those who are compelled by law are immune from censure, since a daring act is required.

Finally, on 30 March 1859, the Holy Office declared that it can be tolerated that non-Catholic blood-relatives be brought into the family tomb of Catholic families, to avoid greater evils.

Concerning cremation, let these things be noted. A twofold cremation must be distinguished: one which is sometimes commanded for reasons of public health or of promoting anatomical science; this the Church tacitly tolerates; another which attacks the very inhumation of bodies in a general way. This the decrees of the Holy Office severely forbid, as one which is opposed to the reverence of the Christian body, which is alien from the usages of the Church, and which is propagated with a mind hostile to religion. As is clear, those alone who by their own will have chosen cremation for themselves are to be deprived of ecclesiastical burial. Besides, giving one's name to sects which promote cremation is forbidden; and never (therefore not even if an inheritance can be entered upon for this reason alone) is it licit to cooperate formally with cremation by command or counsel (S. Off., 27 July 1892). Material cooperation, with due cautions, for a proportionate cause, will sometimes be able to be tolerated: for example, that of workers who are hired in cemeteries. He also will sometimes be able to be excused who accompanies the corpse of a blood-relative or connected person as far as the place of combustion, scandal having been removed (Genicot-Salsmans, II, n. 628);

— 3. those omitting the apostolic beneplacitum for alienating ecclesiastical goods (c. 2347). Ecclesiastical goods are goods which belong to an ecclesiastical moral person.

Alienation designates every act by which ownership is either transferred or, a right in the thing having been conceded, diminished, e.g., sale, exchange, the constitution of a passive mortgage or servitude, the renunciation of an active servitude; and also a lease beyond nine years.

Besides the other conditions of every ecclesiastical alienation, the apostolic beneplacitum must be sought when there is question of precious things, or of things which, according to the estimation of experts, exceed the value of 30,000 lire or francs; or when the value of the lease (for individual terms) exceeds 30,000 lire or francs (cc. 1532, 1541).

But things are precious to which there belongs a notable value because of art or history or material (c. 1497, §2). But a notable value can be estimated at about 1000 lire or francs.

Those lire seem able to be taken as gold money, lest the value itself be too uncertain.

N.B. Nor can notable relics or relics of great devotion be alienated or transferred without the permission of the Holy See (c. 1281, §1);

4. those compelling someone to embrace the clerical or religious state (c. 2352);

5. one knowingly omitting to denounce a confessor by whom he has been solicited (c. 2368; cf. n. 611).

Although this censure is reserved to no one, nevertheless he cannot be absolved from it unless he has satisfied the obligation or has seriously promised that he will fulfill it.

— I. They incur a suspension reserved to the Holy See:

1. from divine things: those presuming to receive orders from an apostate, heretic, schismatic, or censured person (c. 2372; cf. n. 737);

2. a general one: a bishop consecrating a bishop without the mandate of the Holy See, and his assistants (c. 2370; cf. n. 683); those knowingly, through simony, ordaining or being ordained, administering or receiving sacraments (c. 2371; cf. n. 673).

II. They incur a suspension reserved to the Ordinary:

from office: those dragging before a lay judge a simple cleric or religious (c. 2341; cf. n. 12).

III. They incur a general suspension reserved to the major Superior: fugitive religious (c. 2386; cf. n. 144).

IV. They incur a suspension reserved to no one:

1. from hearing confessions: one absolving from reserved cases without faculty (c. 2366);

2. from divine things: one presuming to hear confessions without jurisdiction (c. 2366); one presuming to resign an office, benefice, or dignity into the hands of laymen (c. 2400); a capitular Vicar unduly granting dimissorial letters for ordination (c. 2409; cf. c. 958);

3. from the order received: one ordained without dimissorial letters, before the age, or by leap (c. 2374; cf. n. 737);

4. from jurisdiction: a Prelate nullius not seeking the blessing within the due time (c. 2402, §2; cf. 322, §2).

— I. They incur an interdict specially reserved to the Holy See:

moral persons appealing to a universal Council (c. 2332).

II. They incur a personal interdict reserved to no one:

those who have given cause to a local interdict or to an interdict upon a community (c. 2338, §4).

III. They incur an interdict from entrance into a church reserved to the Ordinary:

those spontaneously giving ecclesiastical burial to those whom the law prohibits (c. 2339).

— I. On penalties in general. 1. Penalties are established in law as latae sententiae, which are incurred at the very moment of the delict, without a sentence, and as ferendae sententiae, which require condemnation. Penalties are of ferendae sententiae unless they are expressly or equivalently said to be contracted by the fact itself or by the law itself.

2. Before a sentence, at least a declaratory one, he who cannot observe it without infamy is excused from observing the penalty.

3. If the amendment of the delinquent is principally intended, the penalty is medicinal; otherwise it is vindicative. A medicinal penalty is a censure, which always supposes a grave delict, external, consummated according to the description of the law, and joined with contumacy, i.e., with some evil will from which there must be withdrawal. If there is withdrawal from this, the penalty does not cease by the fact itself, but the guilty party has the right of obtaining absolution.

A penalty established by law is also incurred by one who has concurred in the delict by physical or moral, necessary or principal causality.

The impubes escape penalties latae sententiae, and so do Cardinals, unless they are expressly named.

Affected ignorance excuses from no penalties latae sententiae; nor does crass or supine ignorance, unless the law has used the words: has presumed, knowingly, studiously. Simple ignorance excuses from medicinal penalties, but not from vindicative penalties which are established without the words "has presumed" or similar words.

Grave fear of itself excuses, unless the delict tends to contempt of faith or of ecclesiastical authority, or to the public harm of souls.

II. On censures. 1. They can annex censures to a law or precept who can make laws or command by force of jurisdiction.

Concerning the reservation of censures and absolution, cf. what has been said in the treatise on Penance. There are three censures: excommunication, suspension, interdict.

II. Excommunication directly excludes from the communion of the faithful; and consequently: a) it deprives one of the right of assisting at divine offices, preaching excepted, of the licit reception of the sacraments, and, after sentence, also of sacramentals, of the licit confection and administration of the sacraments, saving the temperaments indicated where the sacraments were treated; of indulgences, suffrages, public prayers; b) it prohibits the attainment and execution of offices, acts of jurisdiction, election, presentation, nomination: for validity, an excommunicate to be avoided and one declared excommunicated must be distinguished from another excommunicate.

An excommunicate is not to be avoided unless, in the decree or sentence, the Apostolic See has expressly said that he must be avoided, or unless he has been a notorious striker of the Supreme Pontiff.

III. Suspension prohibits by office or benefice, or by both; it is total, or partial in various ways.

Suspension from informed conscience is had when the Ordinary, to avoid grave inconveniences, declares by simple decree that he imposes suspension from causes known to himself. The Ordinary must be certain concerning the grave delict, which is not notorious.

IV. Interdict directly prohibits from sacred things. It is distinguished into personal and local, which can be general or particular.

Interdict from entrance into a church prohibits participation in divine offices in church, and ecclesiastical burial.

V. On certain absolutions or censures. 1. He who absolves an adherent of a Masonic sect by force of a faculty given by the Sacred Penitentiary must observe its prescriptions, and must recur to it if a difficulty arises. He who absolves without recourse, for example by force of a privilege, must always prudently require what the natural law requires: suppression of cooperation, repair of scandal, revelation of a harmful secret. And unless too great a difficulty obstructs, he will prudently ask the other things which the Holy See is accustomed to require.

2. On the apostolic beneplacitum in alienation. Alienation designates every act by which ownership is either transferred or, a right in the thing having been conceded, diminished, and also a lease beyond nine years. The apostolic beneplacitum must be sought when there is question of precious things, or of things which, according to the estimation of experts, exceed the value of 30,000 lire or francs, or when the value of a lease made beyond nine years, for individual terms, exceeds the same sum.

But precious things are things in which there is a notable value of art or history or material. Notable value can be estimated at about 1000 lire or francs. And the lire seem able to be taken as gold money.

Nor without the permission of the Holy See can notable relics or relics of great devotion be alienated or transferred elsewhere.

3. On those compelling that ecclesiastical burial be given. Those ordering or compelling are understood as those who, endowed with public authority, command, or those who compel others by force or fear. If they themselves are compelled by law, they do not act with rash daring, which here is required for the censure. And since ecclesiastical burial embraces the obsequies and deposition in a sacred place, this censure seems to certain commentators not now to punish merely inhumation alone in a sacred place.

Cremation which is commanded by no different reason of public utility is so prohibited from being chosen by Christians in place of inhumation that formal cooperation is never excused.

We shall treat: 1. interdict in general; 2. interdicts in particular, or those in force today.

684. Interdict (ontzegging) is a censure by which the faithful, remaining in communion with the Church, are prohibited from the use of certain sacred things which are enumerated in law (can. 2268, § 1). One is direct or personal, by which the use of those goods is immediately interdicted to the persons themselves everywhere; another is indirect or local, by which in certain places the dispensation or reception of those same goods is forbidden (ibid., § 2), so that it immediately affects the place, mediately the persons dwelling there, even outsiders and exempt persons. It is general, if it affects an entire territory or a whole people or a whole city; or particular, if it affects a determined part of some place or people, for example, a convent, church, or altar. Likewise it is total, which causes all the proper effects of interdict; or partial, which prohibits only certain sacred things.

It should be noted a) that a general interdict upon an entire territory or upon the whole people of a republic or diocese can be brought only by the Holy See or by its mandate; other interdicts also by a bishop (can. 2269, § 1);

b) that an interdict can also be inflicted as a vindicative penalty (can. 2255, § 2).

A. Effects. 1. An interdict affects personally those who gave cause for it (2338, § 4); but the others who are living in an interdicted place must indeed observe it, but they can receive the sacraments without absolution from the interdict, and outside this place they are wholly free (can. 2269, § 2 and 2276).

2. A general local interdict in the interdicted place generally prohibits divine offices and sacred rites, and every solemnity, chant, pomp in sacred furnishings, the sound of bells, organs, or other musical instruments (can. 2270, § 1 and 2271). However:

a) On the five feasts, of the Nativity of the Lord, Easter, Pentecost, Corpus Christi, and the Assumption of the Blessed Virgin, the local interdict is suspended, and only the conferral of orders and the solemn nuptial blessing are prohibited (can. 2270, § 2).

b) Clerics not personally interdicted can perform all offices and sacred rites in any church or oratory privately, that is, with doors closed, in a subdued voice, and with bells not rung (can. 2271, 1).

c) In a cathedral church, parochial churches, or in a church which is the only one in a town, the celebration of one Mass, reservation of the Most Holy Sacrament, administration of Baptism, Eucharist, and Penance, assistance at marriages excluding the nuptial blessing, obsequies of the dead without any solemnity, blessing of baptismal water and of the sacred oils, and preaching of the word of God are permitted. Likewise holy Viaticum can be carried to the sick, but privately (can. 2271, 2).

3. In a particular local interdict: a) if an altar or chapel of some church has been interdicted, no sacred office or sacred rite can be celebrated in them; - b) if a cemetery has been interdicted, the corpses of the faithful can indeed be buried there, but without any ecclesiastical rite; - c) if it has been brought upon a church (or oratory) which is capitular, and the chapter has not been interdicted, clerics there are permitted what was said under 2, b; unless the decree of interdict orders the conventual Mass to be celebrated and the canonical hours to be recited in another church or oratory; - d) if it has been brought upon a church (or oratory) which is parochial, the things said under 2, c have force; unless the decree of interdict substitutes another church for it for the time of the interdict (can. 2272).

It should be noted from can. 2273: when a city has been interdicted, accessory places, even exempt ones, and the cathedral church itself remain interdicted; when a church has been interdicted, contiguous chapels are interdicted, but not the cemetery; when a chapel has been interdicted, the whole church is not interdicted, nor, when a cemetery has been interdicted, is the church contiguous to it interdicted, but all oratories erected in the cemetery are interdicted.

4. A personal interdict prohibits those interdicted: a) from celebrating divine offices, or assisting at them, preaching excepted; in such a way, however, that those assisting passively are not to be expelled, but from active assistance, which carries with it some participation in the celebration of divine offices, they are to be repelled after a sentence or if otherwise notoriously interdicted; - b) from ministering, confecting, and receiving sacraments and sacramentals, as was stated concerning excommunicates; - c) from ecclesiastical burial, if a sentence has intervened; - d) from the right of electing, presenting, nominating, from obtaining a function in the Church and from promotion to orders, as was stated concerning excommunicates (can. 2275).

5. An interdict upon a community or college can be brought either upon the individual delinquent persons, or upon the community as such, or upon the delinquent persons and upon the community. If the first, what was said under 4 is to be observed; if the second, the community or college cannot exercise any spiritual right which belongs to it; if the third, the effects are accumulated (can. 2274).

Those, however, who gave cause for the interdict are by the fact itself personally interdicted (can. 2338, § 4).

6. An interdict from entry into a church carries with it the prohibition lest one celebrate divine offices in the church or assist at them or have ecclesiastical burial; but if he assists, it is not necessary that he be expelled, nor, if he is buried, is it necessary that the corpse be removed (can. 2277). He can also pray privately in the church.

7. Those who violate an interdict sin gravely; clerics, however, illicitly exercising sacred order become irregular, can. 985, 7.

B. The interdicts latae sententiae in force today by the common law are four, of which the first is reserved in a special manner to the Holy See, the second to the Ordinary, the third to the judge who pronounced the sentence, the fourth to no one.

1. Universities, colleges, chapters, or other moral persons, by whatever name they are called, appealing from the laws, decrees, or mandates of the Roman Pontiff existing at the time to a universal Council, incur an interdict reserved in a special manner to the Apostolic See (can. 2332).

2. Those spontaneously giving ecclesiastical burial to infidels, apostates from the faith, heretics, schismatics, or others excommunicated or interdicted, contract an interdict from entry into a church reserved to the Ordinary (can. 2339).

3. Those knowingly celebrating or causing divine things to be celebrated in interdicted places, or admitting to celebrating divine offices forbidden by censure clerics excommunicated, interdicted, or suspended after a declaratory or condemnatory sentence, by the law itself contract an interdict from entry into a church until, at the judgment of him whose sentence they contemned, they shall have made suitable satisfaction (can. 2338, § 3).

4. Those who gave cause for a local interdict or an interdict upon a community are by the fact itself personally interdicted (can. 2338, § 4).

C. Cessation of interdict. An interdict brought unto vindication ceases at the judgment of the prelate bringing it, that is, either by dispensation, or by the lapse of a determined time. An interdict brought by way of censure does not cease except by absolution of one having power.

Aertnijs-Damen, Th. M. II, n. 1038, observes that in the faculty granted to a confessor of absolving from censures in the sacramental forum there is not comprehended the faculty of absolving from a local interdict, whether general or particular, or from a general personal interdict: for neither a place nor a community is subject to this forum; - on the contrary, a particular personal interdict is.

Concerning these it is treated in the Code in can. 2255-2285. Three species are had in can. 2255 § 1. - 1290 The definition of excommunication is had in can. 2237 § 1. The effects cannot be separated; therefore the distinction between greater and lesser excommunication is altogether taken away; 2º is confirmed by can. 2258 § 1. Today from § 2 of the same canon only those are to be avoided who are excommunicated by name by the Holy See; besides, the excommunication must be publicly denounced, and in the decree or sentence it must be expressly said that he must be avoided. - 1291 1º is confirmed by can. 985 n. 7; 2º can. 2340 § 1. - 1292 1º can. 2260 § 1. Note can. 2250 § 1; 2º can. 2261 §§ 1, 2, 3. The Note which pertains to 1º, can. 2260 § 1; 3º can. 2259 §§ 1 and 2, cf. also can. 2256 n. 1; 4º can. 2262 § 1, but it is extended to all excommunicates. As regards private suffrages, it is confirmed by the same canon § 2; 5º can. 2264. As regards assistance at marriage, can. 1095 § 1, 1º (it is extended to the interdicted); 6º can. 2265 § 1 nn. 1 and 2; in § 2 of the same canon the nullity of acts is restricted to the case in which there is had a declaratory sentence of excommunication. As regards rescripts, cf. there and can. 36 § 2. As regards privation of benefice, it is confirmed by can. 2340 § 1, 2315, 2314 § 1 n. 2 taken together. As regards fruits, can. 2266; 7º can. 2263, 2256 n. 2, 1654; 8º can. 2267; 9º can. 2260 § 2 and 2240 § 1 n. 2, where it is limited only to excommunicates after a condemnatory or declaratory sentence. As regards extracting corpses, the obligation from can. 1242 is limited to those alone who are to be avoided, and if indeed it can be done without grave inconvenience. An excommunicate, although he has not been condemned or declared, sometimes must be deprived of ecclesiastical burial from another head, can. 1241 § 1, e.g., from n. 6. - 1294 and 1295 are confirmed by can. 2267. Private prayer is licit from can. 2262 § 2 n. 1; 4º one communicating in a criminal crime is confirmed by can. 2338 § 2. - 1298. A doubt concerning one to be avoided, after can. 2258 § 2, can scarcely be had any longer.

1299. The definition of suspension is had in can. 2278 § 1. The division is somewhat other: suspension is total or partial, and this is either from office or from benefice from can. 2278 § 2; partial suspension from office is again total or partial from can. 2279 § 1; from benefice it is had in can. 2280 § 1. - 1300 1º is confirmed by can. 2298 n. 2; 2º can. 2222 § 2 and by the last words of the same: "they do not have the nature of a penalty." - 1301 is confirmed by can. 2186-2194 and can. 2222 § 1. - 1302 can. 2278 § 2. - 1303 can. 2279 § 2. In this canon the species of partial suspension from office are clearly indicated with their effects; 4º is confirmed from can. 2280 §§ 1, 2; 5º from can. 2285. - 1304 I is confirmed by can. 986; II can. 985 n. 7. The question concerning violation of suspension as a vindictive penalty is solved through this canon, so that then an irregularity is also incurred; III is confirmed by can. 2284. - 1305 1º and 2º can. 2236 § 1, 2248 § 1 and 2289.

1306. The definition of interdict is in can. 2268 § 1. As regards the division, 1º mixed is to be omitted, can. 2268 § 2. The rest is confirmed by can. 2269 § 1. Concerning interdict from entrance of the church, it is treated in can. 2277. - 1307 I is confirmed by can. 2273, but as regards the note, the cemetery is not interdicted when the church has been interdicted. Those who did not give the cause from can. 2276 can receive the sacraments. Concerning the faculty of the Bishop, confer can. 2269 § 1; II is confirmed in some measure by can. 2269 § 2; III Bishops are exempt from can. 2227 § 2; innocents from can. 2276; externs from can. 2269 § 2; infants from can. 2230 and the insane from can. 2201 § 1 and 2218 § 2, who are not even

deprived of ecclesiastical burial from can. 1240 § 1 n. 2. - 1308 must be changed in some measure, although it is substantially confirmed. 1º The effect of a local interdict (whether general or partial) is the prohibition of any divine office or sacred rite in the interdicted place from can. 2269 § 1. What is understood by divine offices, see can. 2256 n. 1. The limits as regards the dying are in can. 2270 § 1; as regards clerics they are confirmed by can. 2271, 1º; as regards days, can. 2270 § 2; as regards sacraments, if the church is the only one or is parochial, can. 2271 n. 2. Ecclesiastical burial is prohibited only for those who are personally interdicted from can. 1240 § 1 n. 2, and only after sentence. For the rest in a local interdict only solemnities in funerals are prohibited from can. 2271 n. 2; b) if it is a particular local one; cf. besides can. 2272. - 1309. 1º a) is confirmed by can. 985, 7º; b) can. 2372; c) can. 2338 § 3; 2º is confirmed by can. 2338 § 3 and can. 2275. - 1310. 1º is confirmed by can. 2353 n. 1; as regards reserved ones confer can. 2237 § 1; 2º is confirmed by can. 2253 n. 2 and can. 2247 § 2; 3º can. 2253 n. 1.

1º Universities, Colleges, Chapters, or other moral persons, by whatever name they are called, appealing from the laws, decrees, mandates of the Roman Pontiff for the time being to a Universal Council, by the very fact contract an interdict reserved to the Apostolic See in a special way,

from can. 2332. This censure was formerly had in the Const. Ap. Sedis; cf. in the author n. 1376.

2º Those knowingly celebrating, or causing divine things to be celebrated, in interdicted places, or admitting to celebrating divine offices forbidden by censure clerics excommunicated, interdicted, suspended after a declaratory or condemnatory sentence, contract by the law itself an interdict from entrance of the Church, until, at the judgment of him whose sentence they contemned, they have made suitable satisfaction,

from can. 2338 § 3. It was formerly had in the Const. Ap. Sedis; cf. the author n. 1377. Nevertheless it has been limited in some measure, because admission to the sacraments or to ecclesiastical burial is excluded, and as regards admission to divine offices, it is limited to the celebration of these by clerics excommunicated, interdicted, suspended after a declaratory or condemnatory sentence.

3º Those who have given cause to a local interdict or to an interdict against a community or college are by the very fact personally interdicted,

from can. 2338 § 4. These, when they repent, can be absolved for the internal forum by any confessor.

§ 1. Interdict is a censure by which the faithful, remaining in the communion of the Church, are prohibited from sacred things which are enumerated in the canons which follow.

§ 2. The prohibition is made either directly through personal interdict, when the use of those goods is interdicted to the persons themselves; or indirectly through local interdict, when in certain places the dispensation or reception of the same is forbidden (Can. 2268).

Interdict strikes the faithful remaining in communion with the Church, directly and indirectly: directly, by interdicting to them, through personal interdict, the use of certain goods; indirectly, by forbidding the dispensation of them in certain places, according as the interdict is personal or local.

I say 1°. § 1. A general interdict, whether local against the territory of a diocese or republic, or personal against the people of a diocese or republic, can be brought only by the Apostolic See or by its mandate; but a general interdict against a parish or the people of a parish, and a particular interdict whether local or personal, can also be brought by the Bishop.

§ 2. A personal interdict follows the persons everywhere; a local one does not press outside the interdicted place, but in the interdicted place all, even outsiders or exempt persons, with a special privilege excluded, must observe it (Can. 2269).

A general local interdict against the general territory of a diocese or republic can be distinguished from a general personal interdict against the people of a diocese or republic. Each is brought only by the Supreme Pontiff or another from his authority. The Bishop brings a general interdict against a parish or the people of a parish. By a personal interdict persons are held everywhere; by a local one they are not held outside the place; but in the place all are held, even outsiders or exempt persons, with privilege excluded.

I say 2°. § 1. A local interdict, whether general or particular, does not forbid ministering the Sacraments and Sacramentals, with the things to be observed being observed, to the dying, but it prohibits in the place any divine office or sacred rite, with the exceptions remaining safe of which in § 2 of this canon and in can. 2271, 2272.

§ 2. On the day of the Nativity of the Lord, Easter, Pentecost, the Most Holy Body of Christ, and the Blessed Virgin Mary assumed into heaven, the local interdict is suspended, and only the conferral of orders and the solemn blessing of nuptials are prohibited (Can. 2270).

Therefore the dying can receive, while a local interdict lasts, not only sacraments but also sacramentals.

On those solemn feast days the local interdict is suspended, so that the people may fully enjoy the spiritual joy proper to these days; two things are forbidden: the conferral of orders and solemn nuptials.

I say 3°. If the interdict was general local and in the decree of interdict something else is not expressly provided:

1°. Clerics are permitted, provided they are not themselves personally interdicted, to perform all divine offices and sacred rites privately in any church or oratory, with doors closed, voice lowered, and bells not rung;

2°. But in the cathedral church, parish churches, or in the church which is the only one in the town, and in those alone, there are permitted the celebration of one Mass, reservation of the Most Holy Sacrament, administration of baptism, the Eucharist, penance, assistance at marriages, with the nuptial blessing excluded, funerals of the dead, yet with any solemnity forbidden, blessing of baptismal water and of the sacred oils, preaching of the word of God. Nevertheless in these sacred functions there is prohibited chant and pomp in sacred furnishings and the sound of bells, organs, or other musical instruments; but sacred Viaticum is to be carried privately to the sick (Can. 2271).

I say 4°. § 1. In a particular local interdict, if an altar or chapel of some church has been interdicted, no sacred office or sacred rite is to be celebrated in them.

§ 2. If a cemetery has been interdicted, the bodies of the faithful indeed can be buried there, but without any ecclesiastical rite.

§ 3. If it has been brought against a certain church or oratory:

1°. If the church was capitular and the Chapter has not been interdicted, the prescription of can. 2271, n. 1, is valid, unless the decree of interdict prescribes that conventual Mass be celebrated and the canonical hours recited in another church or oratory;

2°. If it was parochial, let the prescription of the cited can. 2271, n. 2, be observed, unless the decree of interdict substitutes another church for it for the time of the interdict (Can. 2272).

I say 5°. When a city is interdicted, accessory places also remain interdicted, even exempt ones, and the cathedral church itself; when a church is interdicted, contiguous chapels are interdicted, but not the cemetery; when a chapel is interdicted, the whole church is not interdicted, nor, when a cemetery is interdicted, is the church contiguous to it interdicted, but all oratories erected in the cemetery are interdicted (Can. 2273).

I say 6°. § 1. If a community or college has perpetrated a delict, interdict can be brought either against the individual delinquent persons, or against the community as such, or against the delinquent persons and against the community.

§ 2. If the first, let the prescription of can. 2275 be observed.

§ 3. If the second, the community or college cannot exercise any spiritual right which belongs to it.

§ 4. If the third, the effects are cumulated (Can. 2274).

In the first case the things to be said concerning personally interdicted persons are valid; in the second, it loses the spiritual right of electing to certain offices; in the third, they both lose rights and are prohibited from all those things which it is forbidden for personally interdicted persons to do.

Question 1. What is prohibited to personally interdicted persons?

Resp. Personally interdicted persons:

1°. Cannot celebrate divine offices or assist at them, with the preaching of the word of God excepted; those assisting passively need not be expelled; but from active assistance, which carries with itself some participation in celebrating divine offices, interdicted persons are to be repelled after a condemnatory or declaratory sentence has been brought, or otherwise notoriously interdicted persons;

2°. They are prohibited from ministering, confecting, and receiving Sacraments and Sacramentals, according to the norm of can. 2260, § 1, 2261;

3°. They also are bound by the prescription of can. 2265;

4°. They lack ecclesiastical burial according to the norm of can. 1240, § 1, n. 2 (Can. 2275).

Therefore these sin gravely, 1°. by celebrating these offices or assisting at them, unless it is preaching at which the interdicted person assists; those assisting passively are not to be expelled; after sentence or notoriously interdicted persons are to be repelled from active assistance; 2°. by ministering or confecting sacraments or sacramentals, unless according to the norm for excommunicated persons, they sin gravely.

Question 2. Is it licit for him who is subject to interdict and has not given cause for it to receive the sacraments?

Resp. He who is subject to a local interdict or to an interdict against a community or college, without having given cause for the same, and is prohibited by no other censure, can, if he is rightly disposed, receive the Sacraments, according to the norm of the preceding canons, without absolution from the interdict or any other satisfaction (Can. 2276).

Question 3. What prohibition does interdict from entering a church carry with it?

Resp. Interdict from entering a church carries with it the prohibition lest someone celebrate divine offices in a church or assist at the same or have ecclesiastical burial; but if he assists, it is not necessary that he be expelled, nor, if he is buried, is it necessary that the corpse be removed (Can. 2277).

The celebration of offices in a church, assistance at the same, and ecclesiastical burial are prohibited by this interdict.

I. QUESTION I. What is interdict, and of how many kinds is it? ANSWER. It is an ecclesiastical censure by which all divine offices, and the administration of certain sacraments, and ecclesiastical burial are forbidden. It is divided into local and personal. The former affects a place, the latter persons. It is called mixed when a place and persons are at once interdicted. Again each interdict is divided into general and special. The former is when a kingdom, or province, or diocese, or city, or town, or village is interdicted. A general personal interdict is when it is passed against a political body moderated by its own laws, and at once indirectly against all the persons constituting such a community. A special personal interdict is when it is passed against determinate persons, as against Peter, Francis, and so forth. When nevertheless it is passed by law, it is not required that the persons be named. This special personal interdict is divided into total, which contains all the effects of interdict; and into partial, which comprehends only some. A local interdict does not always include a personal one, nor conversely. Wherefore, the people being interdicted, the churches or parishes of that place are not interdicted: because in law these interdicts are of diverse species.

II. QUESTION II. Who are bound to observe a local interdict? ANSWER. All the inhabitants, both lay and ecclesiastical, even Regulars, because the interdict is upon celebrating the divine offices in such a place. Wherefore the Prelate himself (the Pope excepted) who passes a local interdict is obnoxious to the observance of the same. When a city is interdicted by a general local interdict, all the churches of the same city, even those of Regulars, are subject to the interdict, and all the persons who are members of the same city: although very many be innocent, yet not as innocent but as parts of the city they lie subject to the interdict. Bishops are excepted, who are not comprehended under a general interdict unless express mention of them be made. Infants also and the demented are judged exempt; their corpses nevertheless cannot be delivered to ecclesiastical burial, because they are interdicted. Similarly very many authors free strangers and foreigners from the interdict, because they are not parts of the people. The people being interdicted, the clergy is not interdicted; nor, the clergy being interdicted, is the people interdicted.

III. QUESTION III. Who, and for what cause, can pass an interdict? ANSWER. Those who have the faculty of passing censures can pass an interdict. Prelates of Religions nevertheless can pass a personal interdict, but not a local one, by which they might suspend their own churches from sacred rites, unless they had jurisdiction over the people. The cause of passing an interdict is a grave fault, as has been said above. A general interdict, local or personal, can be passed even for another's fault — of the community, or of its rectors — under which even the innocent are comprehended, as has been said elsewhere. A general personal interdict, or a local one whether general or special, cannot be passed for the fault of some particular person, but can be imposed only for the fault either of the community, or of the rector, or of the Prince, or of the Prelate. But a special personal interdict cannot be inflicted for another's fault, even of the head; but only for the delict of that person who is struck with the interdict. Authors dispute whether a special personal interdict can be inflicted for a venial fault. Of an interdict passed by law some affirm it, others more probably deny it. All nevertheless affirm that an interdict passed by man requires a mortal fault. An interdict, whether general local or general personal, cannot be imposed for a debt of moneys, nay nor even a special local interdict; but a special personal interdict can, as very many say; but scarcely has this been customary.

IV. QUESTION IV. What are the effects of an interdict? ANSWER. Three: 1. Prohibition of the celebration and hearing of the divine offices; 2. Privation of certain sacraments; 3. Privation of ecclesiastical burial. By the name of divine offices are understood Mass, the canonical hours, and other prayers solemnly celebrated, the blessings of nuptials, of water, of oil, of chrism, and every function ordained by the Church to the worship of God. All these things are forbidden in a common place deputed thereto; otherwise privately, and in a place not deputed to celebrating the divine offices. Similarly it is lawful to hold sermons. Nay by the new law of Boniface VIII in chapter Alma Mater on sentences of excommunication in the Sixth, all clerics and Regulars in the time of a general local interdict can daily celebrate Masses and perform the divine offices in any churches and monasteries whatsoever, four conditions being added: 1. That it be with lowered voice, that is, without chant; 2. With the doors closed, yet so that an exit lie open for those willing to go out: wherefore an officer will have to be set over it, who may forbid the interdicted to enter and permit the privileged to go out; 3. The bells not being rung; 4. The interdicted and excommunicated being excluded. On four solemnities nevertheless — of the Lord's Nativity, of Easter, of Pentecost, and of the Assumption of the Blessed Virgin — the divine offices can be solemnly celebrated with open doors, with loud voice, and with the bells rung. The interdicted nevertheless ought not to approach the altar, who gave the cause of the same. Which privilege Martin V extended to the feast of the Body of Christ, and Eugenius IV to its octave. Regulars enjoy a privilege, as very many report (whether truly or falsely I know not), of admitting to the divine offices the servants, procurators, and workmen of the monastery.

V. QUESTION V. What sacraments are forbidden to be ministered in the time of an interdict? ANSWER. There are forbidden the active administration and the passive reception of certain sacraments. Baptism nevertheless is excepted, which can be administered with the accustomed rite of the Church, interdicted persons nevertheless being excluded, who cannot baptize save in a case of necessity. The sacrament of Confirmation also can be administered, and chrism confected, even in an interdicted place. Likewise the sacrament of matrimony is excepted according to very many, who contend that it can be celebrated by a person even specially, and not merely generally, interdicted. The sacrament of Penance can be conferred upon all, even the healthy, excepting the excommunicated, and those who gave the cause of the interdict, and those who afforded help, counsel, and so forth for the perpetrating of the delict for which the interdict was passed, unless they first satisfy or give caution concerning satisfaction. Chapter Alma on sentences in the Sixth.

VI. In the time of an interdict neither the Eucharist, nor Order, nor extreme unction can be administered. In the article of death the Eucharist can be carried to the sick even to those personally interdicted. Very many affirm that extreme unction also can be administered to the sick who cannot receive the other sacraments.

VII. QUESTION VI. To whom is ecclesiastical burial forbidden in the time of an interdict? ANSWER. Every interdict, whether local or personal, deprives all of ecclesiastical burial. If nevertheless the interdict be local, persons who did not give cause to the interdict, and are not denounced by name, can be buried in a sacred place not interdicted. But in a sacred interdicted place neither infants nor the demented can lawfully be buried.

VIII. QUESTION VII. What sin do violators of an interdict perpetrate, and what penalties do they incur? ANSWER. They sin mortally, because they violate a precept of the Church in a grave matter. Interdicted clerics exercising an act of their own Order become irregular; and those compelling clerics to celebrate the divine offices publicly in an interdicted place, a just cause being taken away, would incur excommunication reserved to the Supreme Pontiff. And this censure would be contracted also by interdicted persons who, being admonished, should not go out of the church. Likewise Religious, even exempt, violating an interdict contract by that very deed the greater excommunication, when the interdict is observed in the mother church, or in the parochial place in which they themselves dwell, as is had in Clementine 1 on sentences of excommunication. Those who knowingly bury interdicted persons in a sacred place outside the excepted cases incur excommunication reserved to the bishop.

IX. QUESTION VIII. What is understood by an interdict from entrance into the Church? ANSWER. There is understood a privation of the exercise of sacred Order, and of burial in the church itself and in its cemetery, and a privation of hearing the divine offices in the church.

X. QUESTION IX. Who can absolve from an interdict? ANSWER. If the interdict passed be for a time, or under a condition, the time having elapsed or the condition being fulfilled, it ceases without absolution; otherwise an interdict passed absolutely. When an interdict has been passed by law, the Supreme Pontiff can suspend its effects without taking it away. He who passed an interdict for a time can take it away. When the interdict is local, even if the place — say a church — be dispensed, the interdict does not on that account cease, and therefore corpses cannot be buried in such a place. But an interdict passed against a community, if this be dissolved, ceases in respect of the innocent. But from a local interdict, or a general personal one, passed by law and not reserved, a bishop can absolve. If the interdict have been passed by man, he who passed it, and not an inferior, can absolve, as I have said. Very many teach that from a particular personal interdict not reserved any confessor whatsoever can absolve.

XI. QUESTION X. What is cessation from divine offices, and what are its effects? ANSWER. It is a prohibition imposed upon clerics that under penalty of mortal sin they cease from the celebration of the divine offices, and abstain from the administration of the sacraments, the case of necessity excepted. It is nevertheless not a censure, nor a penalty, but a mere prohibition made by the Church on account of a most grave sorrow conceived from some grave injury against divine worship, or against the Church itself. Wherefore this is not done save on account of a most grave public delict against the common good of the Church, or against her immunity, contumacy acceding. The following conditions ought to concur, that it may be justly done: 1. That in the one prohibiting there be lawful power; 2. That the cause be evident and grave; 3. That it evidently be established that cause has been given; 4. This cause ought to be expressed publicly; 5. It ought to be intimated to the party; 6. The party is to be asked whether it wishes to satisfy; 7. That the greater part of the chapter judge that the cessation is to be induced; 8. That, the cessation being posited, each party discuss the cause of the cessation before the Pontiff; 9. That when chapters are gathered for passing the cessation, all be called who have a vote. These conditions are gathered from chapter Si canonici 1 and chapter Quamvis 8 on the office of the ordinary in the Sixth. But if a Prelate indict a cessation, the six former conditions only are required. Only those who have episcopal jurisdiction, or one like it, can pass this cessation.

Caius, a missionary priest in a certain diocese of England, wishes to know whether he could absolve a man recently inhibited from the sacraments by the Bishop of another diocese, whose subject he was, provided that he was rightly disposed, whether he was prevented from going to his own bishop or not. For after a threefold admonition the bishop declared: “I hereby inhibit him from approaching the sacraments, and forbid my priests to administer them to him, until he shall have proved his orthodoxy to the satisfaction of his ordinary.” Hence it is asked:

1. What is an interdict, and what are its different kinds?

2. What is a censure by a man, and who can absolve from it?

3. Would the penalty inflicted be suspended if the delinquent appealed to the Holy See, which he seems to have done?

4. What is to be said of the case?

1. What is an interdict, and what are its different species?

An interdict is a censure which prohibits the use of liturgical offices, some sacraments, and ecclesiastical burial. It is local, personal, or mixed, as it immediately affects the place, certain persons, or both. It is general or special, total or partial.¹

1 Manual of Moral Theology, vol. ii, 382.

2. What is a censure ab homine, and who can absolve from it?

A censure ab homine is imposed not by a permanent law, but by a particular precept or sentence of an ecclesiastical superior. Absolution from such a censure can only be had from him who inflicted it, from his Superior or successor in office, or from one delegated by one of these.²

2 Ibid., 373.

3. Would the penalty inflicted be suspended by an appeal to the Holy See?

No, not when the penalty has been inflicted already. In that case there is only an appeal in devolutivo, or a simple recourse to the Holy See.³

3 Bucceroni, Theol. Moral., vol. ii, n. 1096.

4. The case. The question is whether a priest of another diocese may absolve the subject of a bishop who had interdicted the latter the sacraments until he had given satisfaction to his ordinary, and who had forbidden his priests to administer the sacraments to him. The answer is No. Such a special and personal interdict is a censure ab homine, and it can only be absolved by the person who imposed it, by his Superior or successor in office, or by some one delegated by one of these. The delinquent therefore must comply with the condition imposed, satisfy his ordinary as to his orthodoxy, and then he will be able to receive the sacraments like the rest of the faithful.