The censures of the Code: how they are reserved

THE special censures which are now in force in the Western Church are contained in Book V, Part III, of the Code—On the Penalties of Particular Crimes. Of the excommunications some are reserved to the Holy See in a very special manner, others in a special manner, and others simply reserved; others are reserved to bishops, and others are not reserved but may be absolved on proper conditions by any confessor. Special faculties are required in order to absolve from cases reserved to the Holy See, except in certain circumstances described in the chapter on reserved cases. Faculties for cases simply reserved will not avail for cases specially reserved, and faculties for cases specially reserved will not avail for cases very specially reserved. ensures very specially reserved to the Holy See have other characteristics besides requiring very special faculties for their absolution. Canon 2247, sec. 3, provides that where a confessor in ignorance of the reservation absolves a penitent from a censure and from a sin, the absolution is valid except in the case of a censure ab homine, or of a censure very specially reserved to the Holy See. Canon 2237, sec. 2, grants power to bishops to remit penalties latae sententiae of the common law in occult cases, but censures very specially and those specially reserved are excepted. Canon 2252 provides that when a penitent has been absolved when in danger of death by a simple confessor from a censure ab homine or one very specially reserved to the Holy See, if he recovers he is bound to present himself to the person who censured him or to the Sacred Penitentiary, and submit to their requirements. This is not necessary in the case of one who has been absolved in danger of death from other censures.

We shall give a list of the censures contained in the Code with brief comments where they seem to be called for.

Canon 2320 I. Qui species consecratas abjecerit vel ad malum finem abduxerit aut retinuerit, est suspectus de haeresi, incurrit in excommunicationem latae sententiae specialissimo modo Sedi Apostolicae reservatam, est ipso facto infamis, et clericus praeterea est deponendus. (Whoever throws away the consecrated species, or carries them off or keeps them for an evil purpose, is suspect of heresy, incurs an excommunication latae sententiae reserved to the Apostolic See in a most special manner, is ipso facto infamous, and a cleric is besides to be deposed.) Abjecerit—Spit them out, throw them away.

Abduxerit—Take them away for superstitious purposes, to treat them irreverently.

Retinuerit—Keep them for show, out of curiosity to see what would happen to them. Canon 2343 II. Qui violentas manus in personam Romani Pontificis injecerit excommunicationem contrahit latae sententiae Sedi Apostolicae specialissimo modo reservatam, et est ipso facto vitandus; est ipso jure infamis; (Whoever lays violent hands on the person of the Roman Pontiff contracts an excommunication latae sententiae reserved to the Apostolic See in a most special manner, and is ipso facto to be shunned; he is infamous by the law itself.) clericus est degradandus, It is a censure which safeguards the personal immunity of the Roman Pontiff by a special form of the privilege of the canon. Canon 2367 III. Absolvens sive fingens absolvere complicem in peccato turpi incurrit ipso facto in excommunicationem specialissimo modo Sedi Apostolicae reservatam; idque etiam in mortis articulo si alius sacerdos, licet non approbatus ad confessiones, sine gravi aliqua exoritura infamia et scandalo, possit excipere morientis confessionem, excepto casu quo moribundus recuset alii confiteri.

Eamdem excommunicationem non effugit absolvens vel fingens absolvere complicem qui peccatum quidem complicitatis a quo nondum est absolutus non confitetur, sed ideo ita se gerit, quia ad id a complice confessario sive directe sive indirecte inductus est. (One who absolves, or pretends to absolve, an accomplice in a sin of impurity incurs ipso facto an excommunication reserved to the Apostolic See in a most special manner; and this even at the point of death, if another priest, even though not approved for hearing confessions, is available.)

See the comments on this censure above, Penance, Chapter XI.

Canon 2369 IV. Confessarium qui sigillum sacramentale directe violare praesumpserit, manet excommunicatio specialissimo modo Sedi Apostolicae reservata; qui vero indirecte tantum, obnoxius est poenis [suspensionis a celebratione Missae, et ab audiendis sacramentalibus confessionibus vel etiam pro delicti gravitate inhabilis ad ipsas excipiendas declaretur, privetur omnibus beneficiis, dignitatibus, voce activa et passiva, et inhabilis ad ea omnia declaretur, et in casibus gravioribus degradationi quoque subjiciatur. (A confessor who presumes to violate the sacramental seal directly lies under an excommunication reserved to the Apostolic See in a most special manner; but one who violates it only indirectly is liable to the penalties of suspension from celebrating Mass and from hearing sacramental confessions, or may even, according to the gravity of the offence, be declared unfit to hear them; he is to be deprived of all benefices, dignities, and of active and passive voice, and declared unfit for them all, and in graver cases he is to be subjected to degradation as well.)] Only a confessor who with full knowledge of the crime which he is committing, and of its penalty, directly violates the seal of confession and incurs ipso facto excommunication very specially reserved to the Holy See. The penalties assigned by the Code in punishment of others besides confessors, and of confessors who presume to violate the seal indirectly, are ferendae sententiae.

Canon 2314 I, Omnes a Christiana fide apostatae et omnes et singuli haeretici aut schismatici incurrunt ipso facto excommunicationem; nisi moniti resipuerint priventur beneficio, etc. (All apostates from the Christian faith, and each and every heretic or schismatic, incur excommunication ipso facto; if, after being warned, they do not repent, they are to be deprived of any benefice, and so forth.)

The absolution from the above excommunication to be given in the forum of conscience is specially reserved to the Holy See. If, however, the crime of apostasy, heresy, or schism has been brought before the external tribunal of the local Ordinary in any way, even by voluntary confession, the same Ordinary, but not the Vicar-General without a special mandate, can absolve the penitent by his ordinary authority in the external forum, when abjuration has previously been made, according to law and other conditions to be complied with have been fulfilled; but one so absolved can afterwards be absolved from his sin in the forum of conscience by any confessor. But the abjuration is held to have been lawfully made when it is made before the local Ordinary or his delegate and two witnesses at least (Can. 2314, sec. 2).

Canon 1325, sec, 2, defines the terms used in this censure, "If anyone, after having received baptism, while retaining the name of Christian pertinaciously denies of any the doctrines which are to be believed by divine and Catholic faith or doubts about it, he is a heretic; if he wholly abandons the Christian faith, he is an apostate; finally, if he refuses to be subject to the Roman Pontiff or to communicate with the members of the Church subject to him, he is a schismatic." Canon 2318 II. In excommunicationem Sedi Apostolicae speciali modo reservatam ipso facto incurrunt, opere publici juris facto, editores librorum apostatarum, haereticorum et schismaticorum, qui apostasiam, haeresim, schisma propugnant, itemque eosdem libros aliosve per apostolicas litteras nominatim prohibitos defendentes aut scienter sine debita licentia legentes vel retinentes, Editores. (There incur ipso facto an excommunication reserved to the Apostolic See in a special manner, once the work has been made public, the publishers of books by apostates, heretics and schismatics which defend apostasy, heresy or schism; and likewise those who defend such books, or others prohibited by name in apostolic letters, or who knowingly read or keep them without the required permission.)—The publishers of books defending apostasy, heresy, and schism, written by apostates, heretics, and schismatics, incur this censure when the book is published.

Defendentes——Also those who defend those same books or others prohibited by name by apostolic letters, such as Fénelon’s Explication des Maximes des Saints.

Legentes.—Those who read them without leave knowing that they are forbidden under censure.

Retinentes.—Retaining for any purpose whatever without leave. Canon 2322 III. Ad ordinem sacerdotalem non promotus si Missae celebrationem simulaverit aut sacramentalem confessionem exceperit, excommunicationem ipso facto contrahit, speciali modo Sedi Apostolicae reservatam; et insuper laicus quidem privetur pensione aut munere, si quod habeat in Ecclesia, aliisque poenis pro gravitate culpae puniatur; clericus vero deponatur. (One not promoted to the priestly order who simulates the celebration of Mass or hears a sacramental confession contracts ipso facto an excommunication reserved to the Apostolic See in a special manner; and further, if a layman, let him be deprived of any pension or office he may hold in the Church, and punished with other penalties according to the gravity of his fault; but a cleric is to be deposed.)

Simulaverit—So that onlookers think he is saying Mass.

Confessionem—So that the penitent makes his confession with a view to absolution. Canon 2332 IV. Omnes et singuli cujuscumque status, gradus seu conditionis etiam regalis, episcopalis vel cardinalitiae fuerint, a legibus, decretis, mandatis Romani Pontificis pro tempore existentis ad Universale Concilium appellantes, sunt suspecti de haeresi et ipso facto contrahunt excommunicationem Sedi Apostolicae speciali modo reservatam.

Appellantes—Physical persons who appeal from the Pope to an Oecumenical Council, not to a future Pope or to the reigning Pope better informed. Canon 2333 V. Recurrentes ad laicam potestatem ad impediendas litteras vel acta quaelibet a Sede Apostolica vel ab ejusdem Legatis profecta, eorumve promulgationem vel executionem directe vel indirecte prohibentes, aut eorum causa sive eos ad quos pertinent litterae vel acta sive alios laedentes vel perterrefacientes, ipso facto subjaceant excommunicationi Sedi Apostolicae speciali modo reservatae. (Those who have recourse to the lay power in order to impede any letters or acts whatsoever issuing from the Apostolic See or from its Legates, or who directly or indirectly forbid their promulgation or execution, or who on that account injure or terrify either those to whom the letters or acts pertain or any others, are ipso facto subject to an excommunication reserved to the Apostolic See in a special manner.)

Recurrentes——Those incur this censure who with effect have recourse to the civil authority to impede any letters or acts of any kind issued by the Holy See, the Roman Congregations, Offices, Legates, Nuncios, Apostolic Delegates.

Prohibentes—Preventing in any way their promulgation and execution.

Laedentes—Injuring and frightening with effect those to whom the letters belong or others concerned in their promulgation and execution. Canon 2334.

VI. Excommunicatione latae sententiae speciali modo Sedi Apostolicae reservata plectuntur: (1) Qui leges, mandata, vel decreta contra libertatem aut jura Ecclesiae edunt.

(2) Qui impediunt directe vel indirecte exercitium jurisdictionis ecclesiasticae sive interni sive externi fori, ad hoc recurrentes ad quamlibet laicalem potestatem. (There are punished with an excommunication latae sententiae reserved to the Apostolic See in a special manner: (1) those who issue laws, mandates or decrees against the liberty or the rights of the Church; (2) those who directly or indirectly impede the exercise of ecclesiastical jurisdiction, whether of the internal or of the external forum, having recourse for this purpose to any lay power whatsoever.)

Edunt.—Public authorities who make laws, issue mandates and decrees against the liberty and rights of the Church, incur this censure.

Impediunt.—As also do those who hinder with effect in any way the exercise of ecclesiastical jurisdiction by having recourse to any sort of lay authority. Canon 2341 VII. Si quis contra praescriptum [privilegii fori] ausus fuerit ad judicem laicum trahere aliquem ex S. *(If anyone, against the prescription of the privilege of the forum, shall have dared to drag before a lay judge any one of the Most Holy)*R.E. Cardinalibus, vel Legatis Sedis Apostolicae, vel officialibus majoribus Romanae Curiae, ob negotia ad eorum munus pertinentia, (Cardinals, or Legates of the Apostolic See, or the major officials of the Roman Curia, on account of business pertaining to their office,) vel Ordinarium proprium, contrahit ipso facto excommunicationem Sedi Apostolicae speciali modo reservatam. (or his own Ordinary, contracts ipso facto an excommunication reserved to the Apostolic See in a special manner.)

Trahere—Those who without leave of the Holy See summon as defendants, not as witnesses, Cardinals, Nuncios, Delegates Apostolic, or their own Ordinary before a lay judge in a civil or criminal action incur this censure.

Ausus.—Full knowledge and deliberation are required to incur the censure. Canon 2343 VIII. Qui violentas manus injecerit in personam S. *(Whoever lays violent hands on the person of a Cardinal of the Holy Roman Church,)*R.E. Cardinalis vel Legati Romani Pontificis . . . Patriarchae, Archiepiscopi, Episcopi etiam titularis tantum, incurrit in excommunicationem latae sententiae Sedi Apostolicae speciali modo reservatam. (of a Patriarch, Archbishop, or Bishop even merely titular, incurs an excommunication latae sententiae reserved to the Apostolic See in a special manner.)

Violentas—One who inflicts an injury which amounts to a grievous sin on the body, liberty, or dignity of any of the Prelates mentioned incurs this censure. The injury must be personal and by deed, not by word. Canon 2345 IX. Usurpantes vel detinentes per se vel per alios bona aut jura ad Ecclesiam Romanam pertinentia, subjaceant excommunicationi latae sententiae speciali modo Sedi Apostolicae reservatae. (Those who usurp or withhold, by themselves or through others, goods or rights belonging to the Roman Church, are subject to an excommunication latae sententiae reserved to the Apostolic See in a special manner.)

Usurpantes.—Seizing and holding as one’s own what belongs to another.

Detinentes Keeping what belongs to the Roman Church though it might have been bought from another who seized it.

Jura.—Rights of all sorts, but here the rights of the Temporal Power of the Pope are specially intended. Canon 2360 X. Omnes fabricatores vel falsarii litterarum decretorum vel rescriptorum Sedis Apostolicae vel iisdem litteris, decretis vel rescriptis scienter utentes incurrunt ipso facto in excommunicationem speciali modo Sedi Apostolicae reservatam. (All forgers or falsifiers of letters, decrees or rescripts of the Apostolic See, and those who knowingly make use of such letters, decrees or rescripts, incur ipso facto an excommunication reserved to the Apostolic See in a special manner.)

Fabricatores—Forgers and falsifiers of letters, decrees, and rescripts of the Holy See are all subject to this censure.

Utentes—-Those who make use of letters, decrees, and rescripts forged or falsified by others. They must know that the documents which they use are forged or falsified.

Canon 2363 XI. Si quis per seipsum vel per alios confessarium de sollicitationis crimine apud Superiores falso denunciaverit, ipso facto incurrit in excommunicationem speciali modo Sedi Apostolicae reservatam, a qua nequit ullo in casu absolvi, nisi falsam denuntiationem formaliter retractaverit, et damna, si qua inde secuta sint, pro viribus reparaverit, imposita insuper gravi ac diuturna poenitentia, firmo praescripto Can. (If anyone, by himself or through others, falsely denounces a confessor to Superiors for the crime of solicitation, he incurs ipso facto an excommunication reserved to the Apostolic See in a special manner, from which he cannot in any case be absolved unless he has formally retracted the false denunciation and, as far as he is able, repaired any damage that has followed from it, a grave and long penance being imposed besides.) 894. By Canon 894 the sin, apart from the censure, is reserved to the Holy See.

On this matter, see above, Penance, Chapter XI.

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

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

Nomen dantes—Becoming a member of the society.

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

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

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

971. • Even according to the most recent law introduced after the Constitution of Pius, latae sententiae censures are of four kinds. For some are reserved to the Roman Pontiff in a special manner ²⁰; others are likewise reserved simply to the Supreme Pontiff; others are reserved to Bishops or Ordinaries; and finally others are reserved to no one.

²⁰ ** This fourfold distinction of censures was also seen in the preceding law. But the censures which are now said to be reserved in a special manner correspond generally to those which were contained in the Bull Coenae. Wherefore, from those things which were then said both concerning the cases contained in the Bull Coenae and concerning the special manner of their reservation, these things are generally to be transferred to the cases now reserved in a special manner. Indeed, by the Decree of the Holy Office, 4 April 1871, it was established that, in the formulas of faculties which the Sacred Congregation for the Propagation of the Faith is accustomed to grant, where mention is made of cases reserved in the Bull Coenae, the censures reserved in a special manner to the Roman Pontiff in the Bull Apostolicae Sedis are to be substituted.

According, therefore, to this fourfold partition, we shall here subjoin the general latae sententiae censures which remain in their force.

1215. I. A cleric who, without having obtained permission from the Ordinary of the place, has dared to drag before a lay judge a person enjoying the privilege of the forum, by the fact itself incurs suspension from office reserved to the Ordinary.²² - See above, n. 1176, 1193.

²² Code, c. 2341.

1216. II. "A fugitive religious by the fact itself incurs privation of office, if he has any in religion, and suspension reserved to his own major Superior if he is in sacred orders."²³

²³ Code, c. 2386.

1217. III-IV. "A priest who, without the necessary jurisdiction, has presumed to hear sacramental confessions is by the fact itself suspended from divine things; but one who has presumed to absolve from reserved sins is by the fact itself suspended from hearing confessions."²⁴

²⁴ Code, c. 2366.

1218. V. "One who with no letters, or with false dimissorial letters, or before canonical age, or by leap, has maliciously approached orders, is by the fact itself suspended from the order received."²⁵

²⁵ Code, c. 2374.

1219. VI. "A cleric who has presumed to resign an ecclesiastical office, benefice, or dignity into the hands of laymen, incurs by the fact itself suspension from divine things."²⁶

²⁶ Code, c. 2400.

1220. VII. "An Abbot or Prelate nullius who has not received the blessing is by the fact itself suspended from jurisdiction."²⁷

²⁷ Code, c. 2402.

1221. VIII. "A capitular vicar granting dimissorial letters for ordination against the prescription of can. 958, § 1, n. 3, by the fact itself is subject to suspension from divine things."²⁸

²⁸ Code, c. 2409.

1222. IX. "Religious Superiors who, against the prescription of can. 965-967, have presumed to send their subjects to another Bishop to be ordained, are by the fact itself suspended for a month from the celebration of Mass."¹

¹ Code, c. 2410.

1223. Besides, "one who obtains an office, benefice, or dignity with the burden of residence, if he is illegitimately absent, is by the fact itself deprived of all the fruits of his benefice or office in proportion to the illegitimate absence, and must hand them over to the Ordinary, who is to distribute them to the church or to some pious place or to the poor."²

² Code, c. 2381.

419. Manner of reservation. A twofold manner of reservation is distinguished, namely, by reason of censure and by reason of sin. The former reservations are called reserved censures, but the latter reserved sins. According to the discipline now in force, all cases reserved to the Supreme Pontiff are reserved censures, with one exception. On the contrary, cases reserved by bishops themselves are customarily reserved sins. For, besides the censures reserved to bishops by law, bishops indeed can impose other censures and reserve them, but are not accustomed to do so. In practice each manner of reservation must be carefully distinguished, since in each manner diverse things are required both for incurring the reservation and for absolution from it.

521. Preliminary note. a) By the name of Ordinary are understood not only residential bishops but also all who possess quasi-episcopal jurisdiction. For regulars and religious in exempt clerical religions, the Ordinary is their own major superior, unless the local Ordinary is expressly named.

b) Censures reserved to the Ordinary can by law be absolved by a simple confessor: 1. in danger of death, without an obligation of recourse after recovery that may have occurred;¹⁸⁴ 2. in more urgent cases, with an obligation of recourse;¹⁸⁵ 3. in certain other cases, as was said above in n. 427; 4. by confessors possessing the privileges of the Mendicants, as the more common opinion, safe in practice, teaches.

The excommunications whose absolution is reserved to Ordinaries are six or nine; namely, the following are excommunicated:

¹⁸⁴ Cf. above, n. 494.

¹⁸⁵ Cf. ibid.