The special interdicts of the Code

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).

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.

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.

II. 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 an interdict from entrance into the Church, until they have competently made satisfaction at the judgment of him whose sentence they have contemned.

Knowingly: this adverb, placed at the beginning, affects all the following members. But spontaneously is omitted; therefore not any fear or coercion whatsoever excuses, but only grave fear. Celebrating or causing to be celebrated: therefore the interdict is special and personal. But celebrating, etc., is understood to be unlawful except on the excepted days and places, and unless the conditions are observed under which by law it is permitted. Cf. 1135. Divine things, namely those which it is lawful for ministers of the Church alone to undertake. In interdicted places, by a general or particular local interdict, denunciation of the interdict having been made. Martin V, Constitution Ad evitanda. Those excommunicated by name: therefore the penalty is imposed against those participating with persons excommunicated by name, but not with the suspended and with the interdicted. Likewise with those excommunicated by name, not with any excommunicated whatsoever. Besides, the penalty is not imposed against all participating, and in any things whatsoever, but against those admitting, and participating in three sacred things, namely divine offices, sacraments, and ecclesiastical burial. But that special participation which is denoted by the words causing to be celebrated and admitting pertains only to those to whose care and office it belongs to prohibit or admit someone to acts of this sort. These are pastors, rectors, and others to whom the care of Churches or cemeteries has been committed, priests, clerics. Sacraments: namely except Penance and Viaticum in the article of death. Until, etc. Therefore an interdict of this kind can be absolved by anyone, but after those liable to the interdict have competently satisfied, at the judgment of him whose sentence of excommunication or interdict they contemned. Perhaps even then the interdict ceases by that very fact. Cf. 1186. Chap. Episcoporum 8, de Privil. in 6; Suarez, disp. 22, sect. 4, fourth censure; Bonacina, disp. 3, q. 3, part 1, disp. 4, q. 2, part 6.

Finally, whatsoever others the Sacrosanct Council of Trent has decreed to be suspended or interdicted by the law itself, We in like manner will and declare the same to be liable to suspension or interdict.

We have reviewed the Tridentine suspensions above. Cf. 1229 ff.

But the Tridentine interdicts are the following, which do not have an annexed reservation; nevertheless it is gathered from the subject matter.

III. The Metropolitan is bound, under penalty of interdict of the church, to be incurred by that very fact, to denounce absent suffragan Bishops to the Roman Pontiff within three months by letter or messenger; but if the Metropolitan is absent, the older resident suffragan Bishop is bound to denounce him. Sess. 5, chap. 1, de Ref.

This obligation of denouncing the absent one under penalty of interdict is present when the absent prelate has already been absent without any just and reasonable cause for an entire year, and his contumacy perseveres beyond the year. For after the Council decreed the penalty of deprivation of a fourth part of the fruits of one year if the prelate was absent for six months, and deprivation of another fourth part of the fruits if the same prelate was absent for another six months, it adds: "But with contumacy increasing, that he may be subjected to the severer censure of the canons, the Metropolitan is bound to denounce the suffragans, etc." Therefore that obligation is not present except, with contumacy increasing, after a year of absence has already elapsed.

IV. A Chapter of churches, when the See is vacant, granting within a year from the day of vacancy permission to ordain, or dimissorial letters or reverends, to someone who was not pressed by reason of an ecclesiastical benefice received or to be received... is subject to ecclesiastical interdict. Sess. 10, chap. 10, de Ref.

Pressed by reason of a benefice... Cf. 1229.

An interdict which accrued to the Constitution Apostolicae Sedis, reserved in a special manner to the Roman Pontiff.

V. But if any of the aforesaid are marked with the episcopal character, they fall by that very fact, without any declaration, into the penalty... of interdict from entrance into the church, likewise reserved to the Holy See. Pius IX, Constitution Romanus Pontifex, August 28, 1873, par. Confidimus ff.

Into the penalty of interdict, etc.: namely besides suspension. Cf. 1237. But if any of the aforesaid: cf. 1177. Likewise reserved: namely in a special manner.

But what censures, whether of excommunication, or suspension, or interdict, have been imposed by Our Constitutions or those of Our Predecessors, or by sacred canons, besides those which We have reviewed, and have hitherto remained in their force, whether for the election of the Roman Pontiff, or for the internal governance of any Orders and regular Institutes whatsoever, and also of any Colleges, Congregations, assemblies, and pious places whatsoever, of whatever name and kind they may be, all these We will and declare to be firm and to remain in their strength.

By Constitutions or sacred canons. Therefore censures imposed by superiors of regulars, or by chapters, whether provincial or general, for the subjects of their own Order do not pertain here.

For the election of the Roman Pontiff. Today the election of the Pontiff is made by the Cardinals, according to the Constitution of the Supreme Pontiff Pius X Vacante Sede, December 25, 1904. Therefore the censures which are present for the election of the Supreme Pontiff are to be sought from this constitution. Commentary on this Constitution, n. 133; Constitutions of Pius IX In hac sublimi, August 23, 1871, Licet per Apostolicas, September 8, 1874, Consulturi, October 10, 1827; Benedict XIV, Constitution Pastor bonus, n. 12.

For the internal governance, i.e., for promoting the spiritual good of these Orders, Institutes, etc., insofar as they are such. Censures of this kind for regulars are: 1. excommunication imposed on regulars who rashly put off the habit of their religion, from Constitution Ut periculosa 2, Ne clerici monachi in 6. Cf. Sanchez, in Decal., book 6, chap. 8, n. 45. 2. Excommunication on monks holding arms within the enclosure of monasteries without permission of the abbots, from Clementina 1, § 9, at the end, de Stat. monach. 3. Excommunication on those who violate enclosure or permit it to be violated. Gregory XIII, Constitution Inscrutabili, Constitution Ubi gratia; St. Pius V, Constitution Decori. 4. Excommunication on those who do not denounce to the Supreme Inquisition their subjects who are heretics or suspected of heresy; or who deter their subjects wishing to denounce; or who do not denounce, or draw back those wishing to denounce, persons suspected concerning the faith, whether confreres or superiors. Paul V, Constitution Romanus Pontifex; Alexander VIII, Constitution Licet alias. 5. Excommunication on those who approach the courts of Princes so that they may inflict some harm on their Prelates or Monasteries. Clementina 1, de Statu monach. 6. Excommunication against apostates and the ejected if they have put off the habit; for by it crimes are both punished and prevented. Cf. Suarez, disp. 22, sect. 5, third excommunication; disp. 23, sect. 3, second excommunication; sect. 4, tenth excommunication, fourteenth excommunication; sect. 5, fourth excommunication, fifth excommunication, tenth excommunication; disp. 31, sect. 6. From the Decree Quum singulae of the Sacred Congregation concerning Religious, May 16, 1911, the penalty of expulsion or dismissal against apostates from the Catholic faith is considered as if imposed by law, unless the religious returns within three months; likewise against one fleeing from a monastery, having taken a woman with him; one celebrating or attempting marriage, or contracting even merely civil marriage. "Likewise the censures imposed for the internal governance both of Orders and regular Institutes in general, and particularly of individual Orders and Institutes, remain in their force." Holy Office, March 22, 1881. Diocesan Synod of Albano, year 1886, Appendix n. 10.

And of pious places, namely those which possess their own internal governance and have been erected by ecclesiastical authority. All these firm, etc. Therefore the Supreme Pontiff does not renew such censures, but merely declares that they are not abrogated by this Constitution, and that they remain in their force, namely remain in that state in which they were found before the present Constitution. Therefore, if any have ceased by desuetude or another cause, it can by no means be considered renewed by force of the present Constitution. Bonacina, t. 2, de Cens. in part.; E.M. "Whether, after the Constitution of Pius IX Apostolicae Sedis, the excommunication latae sententiae, reserved to no one, imposed by Clement XI by Brief of August 21, 1711, is still in force against those who, without the previous permission then of the Patriarch of Aquileia, but now of the Archbishop of Udine, dare or presume to extract, carry away, lend, etc., books, gatherings, or leaves existing in the then Patriarchal, now Archiepiscopal Library of Udine? R. Affirmative." Holy Office, September 7, 1898.

Moreover We decree that, in any new concessions and privileges whatsoever which it may happen are granted by the Apostolic See to anyone, the faculty of absolving from cases and any censures whatsoever reserved to the Roman Pontiff must never be understood in any way or by any reason to be or to be able to be comprehended, unless formal, explicit, and individual mention has been made of them. But whatever privileges or faculties, whether by Our Predecessors or even by Us, have been granted up to this time from any time whatsoever to any Assembly, Order, Congregation, Society, and Institute, even regular of any species, even if endowed with a peculiar title and also worthy of special mention, all these and all such We will to have been revoked, suppressed, and abolished by this Our Constitution, as We in fact revoke, suppress, and abolish them, privileges whatsoever by no means opposing or obstructing, even special ones, comprehended or not in the Body of Law or Apostolic Constitutions, and strengthened by any Apostolic confirmation, or even immemorial custom, or any other firmness whatsoever, in any forms and tenors, and with any derogatory and other more efficacious and unusual clauses, all of which, insofar as there is need, We intend to derogate and do derogate.

A twofold revocation of privileges is contained in the present Constitution: the first in the paragraph "From which," cf. 1176; the other in this paragraph, Moreover. Each revocation, if there is speech at least of the privileges of regulars or of any assemblies whatsoever, is most full, as is clear from the clauses inserted in both cited paragraphs, which are most fully derogatory. This derogation of privileges is restricted to those privileges alone which pertain to the absolution of censures of common law, or of excommunications, suspensions, and interdicts in force by common law and reserved to the Holy See. This is openly clear from the two cited paragraphs. All other privileges whatsoever remain entirely intact. Therefore the faculty of absolving from papal cases, whose absolution by the present Constitution is reserved not to the Supreme Pontiff but to Bishops, has not been revoked. By the old law, for Italy outside the City, the Clementine cases are excepted from the faculty given to Regulars of absolving from papal cases; among these is also slight striking of clerics, or grave striking committed by a woman, the absolution of which even now remains reserved to Bishops in the aforesaid places. Cf. n. 1182. Nor indeed are any extraordinary faculties whatsoever, granted for a time to some person or community before the said Constitution, derogated by the present Constitution. Sacred Penitentiary, December 5, 1873; Instruction of the Holy Office, February 1, 1879. By a special decree of the Holy Office, March 9, 1870, Pius IX confirmed the faculties which all priests, whether secular, enjoyed who furnished spiritual care to the sick in any hospitals of the City. Acta Sanctae Sedis, vol. 6, p. 284 ff.; E.M.

Nevertheless We will that the faculty of absolving granted to Bishops by the Tridentine Synod, sess. 24, chap. 6, de Ref., be firm in any censures whatsoever of the Apostolic See reserved by this Our Constitution, except only those which We have declared reserved in a special manner to the same Apostolic See.

Now the Tridentine faculty is of the following tenor: "It is lawful for Bishops to dispense in all irregularities and suspensions arising from occult delict, except that which arises from voluntary homicide and except others brought into the contentious forum; and in any occult cases whatsoever, even those reserved to the Apostolic See, to absolve gratuitously in the forum of conscience, by themselves or by a vicar to be specially deputed for this, any delinquent subjects whatsoever in their own diocese, with a salutary penance imposed."

Decreeing, etc. (the customary clauses follow here). Given at Rome, in the year 1869, on the fourth day before the Ides of October.

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.

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.

There are four interdicts in force, of which the first is reserved to the Holy See in a special manner; the second is reserved to the Superior until suitable satisfaction has been rendered; the third is reserved to the Ordinary; the fourth is not reserved.

530. 1. "Universities, colleges, chapters, or other moral persons, by whatever name they may be called, which appeal from the laws, decrees, or mandates of the Roman Pontiff for the time being to a universal council, incur by the law itself an interdict reserved to the Roman Pontiff in a special manner" (can. 2332).

2. "Those knowingly celebrating or causing divine services to be celebrated in interdicted places, or admitting to the celebration of divine offices forbidden by censure clerics who are 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 discretion of the one whose sentence they contemned, they have made suitable satisfaction" (can. 2338, § 3).

This censure is incurred by: a) those who illicitly celebrate or cause divine offices to be celebrated (by commanding or compelling) in interdicted places or churches; b) those who admit to divine offices, sacraments, or ecclesiastical burial an excommunicated, interdicted, or suspended person after a condemnatory or declaratory sentence.

3. "Those voluntarily giving ecclesiastical burial to unbelievers, apostates from the faith, heretics, schismatics, or others, whether excommunicated or interdicted, contract an interdict from entrance into a church reserved to the Ordinary" (can. 2339).

4. "Those who have given cause for a local interdict or for an interdict upon a community or college are by that very fact personally interdicted" (can. 2338, § 4).