CHAPTER XXII
EXCOMMUNICATION, INTERDICT, SUSPENSION:
SUSPENSIO EX INFORMATA CONSCIENTIA
Section 1. Excommunication (cc, 2255-2267)
PRELIMINARY SURVEY
Three Classes of Censures (c.
2255)
Definition of Divine Services and Legitimate Acts (c. 2256)
Excommunication Defined by Its Effects (c.
2257)
Vitondus and Toleratus (c. 2258)
Deprived of Right to Assist at Divine Services (c.
2259)
Sacraments: Sacramentals: Ecclesiastical Burial (c. 2260)
Administration of Sacraments (c. 2261)
Indulgences, Suffrages, Public Prayers (c. 2262)
Legitimate Acts (c. 2263)
Acts of Jurisdiction Illicit or Invalid (c. 2264)
Active and Passive Voice: Orders (c. 2265)
Fruits or Title of Benefice (c. 2266)
Communication With Vitandus Forbidden (c. 2267)
Kinds of Censures. Censures are: (1) excommunication; (2)
interdict; (3) suspension (c. 2255, § 1). Excommunication can affect
only physical persons, and therefore if it is ever pronounced against
a moral body, it is understood to affect the individuals who concurred
in the crime; interdict and suspension can affect 'also the community
as a moral person; excommunication and interdict can affect also lay
persons) suspension, clerics only; interdict can affect also a place;
excommunication is always a censure; interdict and suspension can
be either censures or vindictive penalties, but in doubt they are
presumed to be censures (c. 2255,§ 2).
Interdict and suspension are vindictive penalties when imposed for
a determined time, e.g.? six months, or in perpetuum or ad beneplacitum nostrum (c. 2298, 2°); if no time limit is given, they are
censures, for a censure must be absolved when contumacy ceases,
regardless of time limits (c. 2248, § 2).
Divine Services: Legitimate Acts. In the canons which follow:
I
838
l~
[c. 2259]
EXCOMMUNICATION
(1) the term divine services means functions of the power of. order
which by institution of Christ or of the Church pertain to divine
worship and can be done only by clerics; (2) the term legitimate
ecclesiastical acts means: to administer ecclesiastical property; to serve
as judge, auditor, or referee (d. cc. 1582, 1584), defender of the bond,
promoter of justice (d. c. 1586), promoter of the faith (i.e., in beatificarion proceedings, c. 2010), notary, chancellor, courier, bailiff, advocate
or procurator in ecclesiastical trials; to act as godparents in baptism
or confirmation;
to vote in ecclesiastical elections;
to exercise the
right of patronage (c. 2256).
Excommunication.
Excommunication
is a censure
by which one
is excluded from the communion of the faithful, with the consequences which are enumerated in the following
canons, and which
cannot be separated (c. 2257, § 1). It is also called anathema, especially
if it is inflicted with the solemnities described in the Roman Pontifical
(c. 2257, § 2).
Vitandus
and T'oleratus.,
Some excommunicated persons are
uitandi, others tolerati (c. 2258, § 1). No one is vitandus unless he has
been excommunicated by name by the Holy See, and the excommunication has been publicly announced, and it is expressly stated in
.the decree or sentence that he is to be avoided, without prejudice to
canon 2343, § 1, 10 (c. 2258,§ 2). The canon cited declares anyone who
lays violent hands on the Supreme Pontiff ipso facto uitandus.
Consequences: Privation of Right to Assist at Divine Services.
Every excommunicated
person lacks the right to assist at divine serv-
ices, but not at the preaching of the word of God (c. 2259, § 1). If a
if a oitandus so assists,
he must be ejected, or if that is impossible the services must be stopped
toleratus assists passively, he need not be ejected;
if that can be done without grave inconvenience.
From active
assistance, which implies some participation in celebrating the divine
services, not only a uitandus but any excommunicated person against
whom there has been a declaratory or condemnatory sentence, or whose
excommunication is otherwise notorious, should be kept away (Co 2259,
§ 2). We have italicized the expression lacks the right, because it
seems worth while to note that the Code does not say such a person
is forbidden to assist.' Many overlook this distinction, which is, however, fundamental in law. Some, with probable reason, hold that the
two are equivalent here because a prohibition did exist in the old law.
1 Cf.
Ayrinhac, pdJa! Legislation,
D. 115.
CRIMES
AND
PENALTIES
Reception of Sacraments, SacramentaIs, Ecclesiastical Burial. Neither
may 'an excommunicated person receive the sacraments, and after
a declaratory or condemnatory sentence, not even sacramentals
(c. 2260, § 1). As regards ecclesiastical burial, the provisions of canon
1240, § 1, 2° are to be observed (c. 2260, § 2). The canon cited merely
states that persons under excommunication
(or interdict) are deprived
of ecclesiastical burial after a declaratory or condemnatory sentence,
Administration of Sacraments. An excommunicated person is forbidden licitly to consecrate or administer sacraments and sacramentals,
except as follows (c. 2261, § 1). Except as provided in § 3, the faithful
can for any just cause ask for sacraments or sacramentals of one who
is excommunicated, especially if there is no one else to give them; and
in such cases the excommunicated person so asked may administer
them, and is not obliged to ask the reason for the request (c. 2261, § 2).
But from an excommunicated oitandus or one against whom there is
a .declaratory or condemnatory sentence, the faithful may only in
danger of death ask for sacramental absolution according to canons
882, 2252,and also for other sacraments and sacramentals in case there
is no one else to administer them (c. 2261, § 3).
Summary. Let us put this matter into summary form.
1. A toleratus before sentence may administer any sacrament at
sacramental on request.
2. A to/eratus after sentence, or a uitandus, may only in danger of
death administer: (a) sacramental absolution, even if another priest
be present; (b) other sacraments or sacramentals, if there is no one
else to administer them.
Indulgences, Suffrages, Public Prayers. An excommunicated person
does not share in the indulgences, suffrages, public prayers of the
Church (c. 2262, § 1). However, (1) the faithful are not forbidden
to pray for him privately; (2) nor are priests' forbidden to apply
Masses for him privately, provided that scandal be avoided; but if
he is a vitandus, Mass can be offered thus only for his conversion
(c. 2262, § 2).
Legitimate Acts, Etc. An excommunicated person is excluded from
legitimate ecclesiastical acts in the measure which is defined in the
parts of the Code which deal respectively with various such acts; he
cannot be a plaintiff in an ecclesiastical cause except as provided in
canon 1654 (i.e., in general he is excluded, but even a vitandus or
toleratus after sentence can be represented by proxy in proceedings
aimed at avoiding spiritual harm, and can act per se in impugning
[c. 2267]
EXCOMMUNICATION
the excommunication itself); he is forbidden to hold ecclesiasticaloffices
or positions and to enjoy privileges which were granted him by the
Church before his excommunication (c. 2263). He may be a defendant,
and if summoned is bound to appear.'
Acts of Jurisdiction Illicit or Invalid. ALl act of jurisdiction of the
. external or internal forum placed by an excommunicated person is
illicit; and if there has been a condemnatory or declaratory sentence,
also invalid, except as provided in canon 2261, § 3 (i.e., it is valid and
licit even after sentence in case the faithful in danger of death ask for
absolution
Of,
if no other minister is available, for other sacraments
or sacramentals); otherwise (i.e., if there has been no sentence) the
act is valid, and is even licit if it is asked for by the faithful according
to canon 2261, § 2 (for any just cause) (c. 226'1).
Summary. Acts of jurisdiction placed by:
1. A toleratus before sentence, are always valid, but are illicit unless asked for by the faithful;
2. A toleratus after sentence, or a oitandus, are invalid, except sacra-
mental absolution asked for in danger of death.
Active and Passive Voice: Orders. Every excommunicated person:
(1) is by law forbidden to elect, present, or nominate; (2) cannot
obtain ecclesiastical dignities, offices, benefices, pensions, or any
other position in the Church; (3) cannot be promoted to orders
(c. 2265, § 1). But an act placed in violation of § 1,1° or 2° is not void
unless it was placed by a oitandus or by another excommunicated
person after a declaratory or condemnatory sentence; if such a sentence
has been passed, an excommunicated person is moreover incapable
of validly obtaining any pontifical favor, unless in the papal rescript
mention is made of the excommunication (c. 2265, § 2).
Fruits -of the Benefice, Office, Etc., or Benefice or Office Itself.
After a condemnatory
or declaratory sentence, an excommunicated
person is deprived of the fruits of a dignity, office, benefice, pension,
or position which he may have in the Church; and a oitandus is
deprived of the dignity, office, benefice, pension, or position itself
(c. 2266).
Communication With Vitandus Forbidden. The faithful must
avoid communication in profane matters with an excommunicated
oitandus, except in the case of a husband or wife, parents, children,
servants, subjects, and in general unless there is some reasonable excus-
ing cause (c. 2267).
----rcr- Ayrinhac,
p,mal Legi$lation, n. 119.
842
CRIMES
AND
1
PENALTIES
Section 2. Interdict (cc, 2268-2277)
PRELIMINARY
SURVEY
Definition and Classification (c. 2268)
Power to Impose: Effect (c. 2269)
Local Interdicts (cc, 227(1...2273)
Personal Interdicts (cc, 2274, 2275)
Innocent Persons in a Local or Collective Interdict
(c. 2276)
Interdict From Entry Into the Church (c.
2277)
Interdict: Nature and General Classifications. An interdict is a
censure by wbich the faithful, while remaining in communion with
the Church, are forbidden the use of certain sacred things which are
enumerated in the canons which follow (c. 2268, § 1). The prohibition is imposed either directly by a personal interdict, when the
use of those things is forbidden to the persons themselves, or indirectly
by a local interdict, when their dispensation or reception is forbidden
in certain places (c. 2268, § 2). The things forbidden by interdict are
liturgical services, some of the sacraments, and Christian burial, but
never preaching. Since interdict is usually a medicinal penalty, it is
called a censure, but at times it may be a vindictive penalty, as when
it is imposed for a definite time.'
Power to Impose: Effect. A general interdict, whether local, upon
the territory of the diocese or country, or personal, upon the people
thereof, can be imposed only by the Holy See or by its authority;
but a general interdict upon a parish or the people of a parish, and
particular interdict, whether local or personal, can be imposed also
by a Bishop (c. 2269 § 1). A personal interdict follows the person
everywhere; a local one is not effective outside the place interdicted,
but in that place all persons, even though strangers or exempt, in the
absence of a special privilege, must observe it (c. 2269, § 2).
Local Interdict. A local interdict, whether general or particular,
does not forbid the administration of the sacraments and sacramentals
to the dying, seruatis seruandis, but it forbids in that place any divine
service or sacred rite, with the exceptions mentioned in § 2 of this
canon and in canons 2271, 2272 (c. 2270, § 1). On Christmas, Easter,
Pentecost, the Feasts of Corpus Christi and of the Assumption, a local
• A modern example of
lique, Vol. 35. p. 551.
:I:
personal interdict is reported in La Docttmentation
Calha.
1
[c. 2273]
INTERDICT
interdict is suspended, and only the conferring of orders and the
solemn nuptial blessing are forbidden (c. 2270, § 2).
General Local Interdict. If an interdict is local and general and the
decree does not expressly provide otherwise: (1) clerics, provided
they are not themselves under a personal interdict, are permitted to
perform all divine services and sacred rites in any church or oratory,
privately, behind closed doors, in a low voice, and without ringing
of bells; (2) but in the cathedral, in parish churches, and in any
church which is the only one in the town, and in these exclusively,
it is permitted to celebrate one Mass, to keep the Blessed Sacrament,
to administer
baptism, the Holy
Eucharist, penance,
to assist at
marriages without giving the nuptial blessing, to hold funerals but
without any solemnity, to bless baptismal water and the holy oils, and
to preach the word of God. But in these sacred functions singing and
external display, the ringing of bells, and playing the organ or other
musical instruments are forbidden; Holy Viaticum is to be brought
to the sick privately (c. 2271).
Particnlar Local Interdict. In a local particular interdict, if an altar
or chapel of some church is interdicted, no sacred service or rite is
to be celebrated at that altar or in that chapel (c. 2272, § 1). If a
cemetery is interdicted, the bodies of the faithful may indeed be
buried there, but without any ecclesiastical rites (c. 2272, § 2). If the
interdict is upon a certain church or oratory: (1) if it is a capitular
church, and the Chapter is not interdicted, the provision of canon
2271, lOis applicable (d. preceding paragraph above), unless the
decree prescribes that the conventual Mass may be celebrated and the
canonical hours be recited in another church or oratory; (2) if it is
a parish church, the provision of canon 2271, 20 is to be observed,
unless the decree substitutes another church for it during the
interdict (c. 2272, § 3).
Places Affected. If a city is interdicted, its suburbs are equally so,
not excepting exempt places and the cathedral itself; if a church is
interdicted, the interdict includes chapels which are connected with
it, but not the cemetery; if a chapel is interdicted, the whole church
is not affected, and when a cemetery is interdicted, the church adjacent
to it is not affected, but all oratories erected in the cemetery itself
are (c. 2273).
Personal Interdicts Upon a Collective Body. If a community or
college has committed a crime, an interdict can be imposed either
on the individuals who are guilty or on the community as such, or on
L
CRIMES
AND
PENALTIES
both the guilty individuals and the community (c. 2274, § 1). In the
first case, canon 2275 is observed (i.e., it is a personal interdict)
(c. 2274, § 2). In the second case, the community or college cannot
exercise any spiritual right which belongs to it (c. 2274, § 3). In the
third case, the effects are cumulative (c. 2274, § 4).
Personal Interdict. Those who are under a personal interdict:
(1) may not celebrate divine services nor assist at any, except at the
preaching of the word of God; if they assist passively it is not
necessary to eject them; but interdicted persons after a condemnatory
or declaratory sentence, and those whose interdiction is otherwise
notorious must be kept away from active assistance which involves
any active participation in celebrating divine services; (2) are forbidden to administer or receive the sacraments and sacramentals,
as
provided in canons 2260, § 1 and 2261 (that is, they are forbidden to
receive the sacraments, and after sentence also the sacramentals; they
, are permitted before sentence to administer both sacraments and sacra-
mentals on request; but after sentence, only in danger of death, and,
as to everything except sacramental absolution, only if there is no
one else to administer them); (3) are bound by canon 2265 (which
concerns ecclesiastical offices, etc., and promotion to orders); (4) are
deprived of ecclesiastical burial according to canon 1240, § 1 (that is,
only after sentence) (c. 2275).
Innocent Persons Under Interdict. One who is under a local
interdict or an interdict imposed
upon a community
or college,
without having been responsible for it, may, if he is not forbidden
by any other censure and if he is properly disposed, receive the
sacraments according to the foregoing
canons without
absolution
from the interdict and without making any other satisfaction (c. 2276).
Interdict From Entry Into the Church. Interdict from entry into
the church includes the prohibition to celebrate divine services in
the church, or to assist at them, or to receive ecclesiastical burial; but
if the person interdicted assists he need not be ejected, and if he is
buried his body need not be removed (c. 2277).
[c. 2279]
SUSPENSION
Section 3. Suspension (cc, 2278-2285; 2186-2194)
PRELIMINARY
SURVEY
Suspension Defined: General: From Office or Benefice
(c. 2278)
Suspension From Office': Various Particular Suspensions
(c. 2279)
Suspension From Benefice (c. 2280)
Suspension by Bishop: What Offices or Benefices Affected
(c. 2281)
Suspension Latae Sententiae by Common Law: What Offices,
Etc., Affected (c. 2282)
Additional Disabilities: Invalidity of Acts (c.
2283)
Sacraments, Sacramentals, Acts of Jurisdiction (c. 2284)
Suspension as Affecting Collective Body and Component
Members (c.
2285)
General Summary of Suspension
Ex In/ormata Conscientia,
(c. 2185-2194)
Suspension Defined: General: From Office or Benefice. Suspension
is a censure by which a cleric is excluded from office or from benefice
or from both (c. 2278, § I). The effects of suspension also (that is, like
those of interdict, unlike those of excommunication) can be separated;
but, unless the contrary appear, general suspension includes all the
consequences mentioned in the canons of this article (that is, canons
2278-2285); whereas suspension from office or from benefice includes
only the effects respectively proper to each kind (c. 2278, § 2).
Suspension is applicable only to clerics (c. 2255, § 2). The special
powers of clerics are those of order and jurisdiction. Acts of these
powers are usually connected with an office or benefice, although acts
of order are not necessarily so; yet, as we shall .see (d. c. 2279) acts
of order also are impeded by suspension from office.
Suspension is usually a censure, but may be instead a vindictive
penalty (when inflicted for a definite time independently of withdrawal from contumacy, as in canon 2298, 2°).
Suspension From Office. Suspension from office simply, without
any added qualifications, forbids all acts of order and of jurisdiction,
and also of mere administration, pertaining to the office, except the
administration of the property of one's own benefice (c. 2279, § 1).
Various Particnlar Suspensions. Suspension:
1. A iurisdictionc in general, forbids every act of jurisdiction for
both fora, wbether ordinary or delegated;
846
CRIMES
AND
PENALTIES
2. A dioinis, forbids every act of the power of order which one
receives either from sacred ordination or by privilege;
3. Ab ordinibus, (forbids) every act of the power of order received
through ordination;
4. A sacrir ordinibus, every act of the power of order received
through ordination to sacred orders;
5. A certo et definito ordine exercendo, every act of the designated
order, but the cleric so suspended is moreover forbidden to confer that
order, to receive any higher order, and to exercise it should it have
been received after the suspension;
6. A ccrto et definito ordine conferendo,
order, but not a lower or higher one;
forbids conferring that
7. A certo et definito ministerio, for example, from the ministry of
hearing confessions, vel officio, for example, from a definite office with
the care of souls, forbids every act of that particular ministry or office;
8. Ab ordine pontificali, every act of the power of episcopal order;
9. A pontificalibus, the exercise of pontifical acts as defined in canon
337, § 2, namely, sacred functions which according to litnrgical books
require the pontifical insignia, i.e., the crozier and miter (c. 2279, § 2).
Suspension From Benefice. Suspension from benefice deprives one
of the fruits of the benefice, except the right to live in the house
belonging to it, but not of the right to administer the property of the
benefice, unless the decree or sentence of suspension expressly takes
this power away from the suspended cleric and gives it to another
(c. 2280, § 1). A beneficiary who, in spite of the suspension, appropriates the revenues of the benefice, is bound to restore them and can
be forced to do so even by canonical sanctions if necessary (c. 2280,§ 2).
What Offices or Benefices Are Affected. A general suspension or a
suspension from office, or from benefice, affects all offices or benefices
which the cleric has in the diocese of the superior who decrees the
suspension, unless the contrary appear (c. 2281).
When Suspension Is by Common Law and Latae Sententlae,
A local Ordinary cannot suspend a cleric from a particular office or
benefice which he holds in another diocese; but a suspension
latae sententiae established by the common law affects all offices or
benefices in any diocese (c. 2282).
Effects of Suspension: Validity of Acts. What is provided by canon
2265 regarding excommunication applies also to suspension (c. 2283).
'That is to say:
1. Every suspended person: (a) is forbidden by law to elect, present,
[C.2I86]
\
j
SUSPENSION
EX
INFORM.
CONS.
847
or nominate; (b) cannot obtain ecclesiastical dignities, offices, benefices,
or pensions, or any other position in the Church; (c) cannot be
promoted to orders.
2. But an act placed in violation of § 1, (a) and (b) is not void
unless it was placed by a suspended person after a declaratory or
conderpnatory sentence; if such a sentence has been passed, a suspended
person is moreover incapable of validly obtaining any pontifical favor,
unless in the papal rescript mention is made of the suspension.
Sacraments and Sacramentals: Acts of Jnrisdiction.
If a censure
of suspension has been incurred which forbids the administration
of
sacraments and sacramentals, the provision of canon 2261 is to be
observed (d. p. 833); if one which forbids acts of jurisdiction in the
external or internal forum, the act, e.g., sacramental absolution, is
invalid if there has been a condemnatory or declaratory sentence, or
if the superior expressly declares that he revokes the power of jurisdiction itself; otherwise it is only illicit, and not even that if it was
asked for by the faithful in accordance with canon 2261, § 2 (c. 2284).
Snspension Against a Collective Body. If a community or college
of clerics has committed a crime, suspension can be imposed either
on the individual guilty persons, or on the community as such, or
on both the guilty persons and the community (c. 2285, § 1). In the
first case, the canons of this article (i.e., cc. 2278-2285) apply
(c. 2285, § 2). In the second case, the community is forbidden to exercise
the spiritual rights which belong to it as a community (c. 2285, § 3).
In the third case, the effects are cumulative (c. 2285, § 4). Spiritual
rights are, for example, the right to vote as a body, to exercise the
care of souls, the right to be consulted on appointments to benefices,
rights of precedence, etc.
Appendix:
A Summary
of Snspension Ex In/armata Conscientta
(ce. 2186-2194)
Nature and History.
This kind of suspension is a real penal
suspension, subject to all the rules which we have just reviewed; it is
merely distinctive in its procedure, and is governed moreover by these
special canons 2186-2194, which are in the procedural part of the Code.
This special procedure dates remotely from the Council of Trent,'
though it was there applied to a slightly different purpose. It is now
designed to enable ecclesiastical superiors to inflict suspension extrajudicially, i.e., without the usual process of penal law, especially in
4
Sets. XIV, c.
J.
tie ref.
CRIMES
AND
PENALTIES
cases of occult crimes where a judicial trial is impossible. A similar
procedure had been instituted by Pope Lucius III' to enable superiors
of regulars to refuse higher orders to such of their subjects as were
guilty of occult crimes. An Instruction of the Sacred Congregation of
Propaganda, of 20 Oct., 1884,' outlined the procedure and applied
it to the suspension of clerics in mission countries, This' procedure
is now incorporated into the general law· as one of several special
procedures for special cases."
Justification. At first sight it seems to be contrary to natural justice
to deprive a cleric of a vested right and inflict a grave penalty upon
him without trial. The only answer is to admit that this is an extraordinary remedy, to be used with extreme restraint, to be safeguarded
by genuine precautions, but yet to hold that it is not contrary to
justice when its use is required for the public welfare of the Church.
The common good of the supernatural society established by Christ
takes precedence of any purely private right, vested though it be. This
remedy may be the only means in certain cases to deal with an astute
occult criminal who is doing untold harm to the Church. It is
safeguarded by being entrusted to Bishops under strict regulations,
and with right of recourse to the Holy See. It is. a fact that the
S. C. of the Council, in its review of such cases, has frequently set
aside suspensions thus decreed by Bishops, and has held them to reinstate the cleric in office, property, and reputation, The remedy can
be and has been abused, but it is not necessarily against justice." .
Outline of Procedure. 1. Suspension ex injormata conscientia is an
extraordinary remedy, not to be used where the Ordinary can resort
to the usual procedures of penal law without grave inconvenience.
Its scope is limited; the Ordinary can impose in this way only suspension from office,total or particular (ef. c. 2186).
2. Even warnings are not required; the whole thing is done by
simple decree, in accordance with these special rules (cf. c. 2187). However,
if
the suspension is a censure, it cannot be inflicted even in this
way without previous warning, because of the general rnle laid down
in canon 2233, § 2. Hence, if it is imposed without warning, it must
be treated as a vindictive penalty.'
BC. 5, X, I,
IT.
• Gasparri·Serfdi. Pomes, n. 4907, Vel, VII, p. 509.
'Cf. Murphy, Srupension ex Tn/ormata Conscimtia; Cath. U. Canon Law Studies, n.
76 (1932).
• Cf. Y·C, Epit., m, n. 373: A Coroaara, III, n. 1627.
• Cf. A Coronata, TIr, n. 1630, p. 560, notes 5-7.
[c. 2194]
t-
SUSPENSION
EX
INFORM
CONS.
849
3. The decree should be in writing, dated, should state that it is
ex injormata conscientia (though reasons are not given), and should
state the time for which it is to last (it may not be inflicted in
perpetuum) if it is inflicted as a vindictive penalty. It may also be inflicted as a censure, but then the culprit must be told the reason. If the
suspension is partial, the prohibited acts must be clearly specified
(d. c. 2188).
4. If another is put in the office a salary is provided for him out of
the revenues of the benefice. The suspended cleric can, in a recourse to
higher authority, impugn the justice of this allowance, which is called
a pension (d. c. 2189).
5. The Ordinary who inflicts it must have proo] amounting to
certainty that the cleric committed a crime grave enough to merit it
(d. c. 2190).
6. The cause is usually an occult crime in the sense of canon 2197,
4°; it can never be a notorious crime; it may be a public crime only
if one of the following cases is verified: (a) if solid and trustworthy
witnesses exist but cannot be induced to testify in open court, nor is
any other proof available for such a trial; (b) if the cleric is using
intimidation or other means to prevent a fair trial; (c) if the civil
law or grave danger of scandal prevent a trial (d. c. 2191).
7. Suspension ex informata conscientia is valid if of several crimes
one only is occult (d. c. 2192).
8. It is left to the discretion of the Ordinary whether to inform the
culprit of the reason for his suspension or not (unless it is a censure,
in which case the reason must be made known to him, c. 2188, 2°);
but he should use pastoral charity, so that if he tells him the reason,
the penalty, accompanied by paternal admonitions, may serve not only
for punishment but also for amendment (d. c. 2193).
9. If the cleric takes a recourse (which is his right), the Ordinary
must send to the Holy See the proofs which he has gathered, which
prove that the cleric really committed a crime which can be punished
by this extraordinary penalty (d. c. 2194). The recourse will be in
devolutivo only, if the suspension is a censure (d. c. 2243, § 2 by way
of analogy); if it is a vindictive penalty canon 2287 would seem to give
the recourse a suspensive effect, though several authors may be cited
for the contrary view."
10
A Ccronata,
Ilf n. 1636,
p.
56,. notes
I
and
2.
CRIMES
AND
PENALTIES
CASES AND QUESTIONS
What is the difference between a censure and a vindictive penalty?
(Cf. c. 2216). Can an excommunication be either medicinal or vindictive?
Is this also true of interdict and suspension? How can one tell whether
these latter are censures or vindictive penalties? (Cf. cc. 2255, § 2, 2248,
§ 2). What practical difference does it make (Cf. cc. 2236, § r, 2254, 2290).
2. Can you find divergent authorities as to whether an excommunicated
person is excused from attendance at Mass on Sunday? (Cf. c. 2259;
Lehmkuhl, Thcol. Mor., II, 55, nn. 890, 891; Cappello, De Censuris, n. 149;
Ayrinhac, Penal Legislation, n, II5). Which opinion do you favor?
3· XY, a pastor, has incurred a latae sententiae excommunication from
which he is not yet absolved. On Saturday afternoon he goes to the
confessional, knowing that the usual crowd of penitents will be on hand,
hears many confessions. Did he sin in doing this? (Cf. c. 2261, § 2; Cappella, De Censuris, n. 148).
4· Q, organist in St. Columban's church, incurs an excommunication
latae sententiae for an occult crime; may he continue as organist and draw
his salary? (Cc. 145, § I, 2266). Later the crime becomes known and a
declaratory sentence is pronounced; what do you say now? Finally upon
commission of another graver crime, he becomes a vitandus. What now?
5· PQ, a priest with diocesan faculties, is under sentence of excommunication, but has appealed to a higher court. No one outside the Curia
knows anything about it. Pending the appeal he hears confessions as usual
in the church where he is a regular assistant pastor. Is this licit? Are the
absolutions valid? (Cc. 2243, § r, 2264, 209; V-C, Epit. III, n. 468, 60).
6. Bradford, a Catholic, obtains a civil divorce from his lawful wife, and
while she is still living, marries another woman civilly, 1928. Is the excommunication of Cone. Bait. Ill, n. r24 still in effect? (C. 6). Does it
apply to this case?
I.
7· A priest has been excommunicated by name by the Holy See and the
decree is published in the Acta Apostolicae Sedis. Is he a vitandus? (C.
2258, § 2).
8. X, who was under excommunication latae senzentiae for abortion, died
without the sacraments. May he have ecclesiastical burial? (C. 2260, § 2).
9· Seminarian in discussion group: "If excommunication does not deprive one of grace, it seems to me to be of little effect on the soul; it is a
purely external bond." What would you say? (Cc. 2260, 2257, 2262).
10. Father Severus, superior of a clerical nonexempt congregation, to
Father Lassus, a priest of the same house, who is notoriously negligent in
attendance at exercises: "If you are absent from choir this evening you
will be ipso facto suspended a dioinis, and the suspension will be reserved
to me." Father Lassus is absent; is he suspended? (Cc. 2220, 501).
II. Is suspension a censure or a vindictive penalty? How would you
[c. 2279]
I
I
QUESTIONS
classify it in cases where it is inflicted for a definite time, or without
specification of time and without warning? (Ce. 2233, § 2,2248, § 2).
12. Does the infliction of a suspension always suppose a grave sin committed by the cleric I (C. 2218, § 2).
13. Is the remission of a suspension an act of jurisdiction? Voluntary or
judicial? (Cc. 201, 2236, § I). If it is a censure, must the person be present
to receive the absolution I (C. 2239, § I). Should absolution be given in
the internal or external forum?
14. What form of absolution is used in absolving from a suspension?
(C. 2250, § 3).
15. A pastor is suspended a beneficio, but nevertheless continues to take
his salary. Is this all rightl Must he make restitution I To whoml Is he
excused from this if he is really poor? (C. 2280; A Coronata, IV, n. 1813,
pp. 241, 242).
r6. A priest has incurred a censure latae sententiae of suspension a
dioinis reserved to the Holy See under canon 2372; he feels that to abstain
from saying Mass on a certain day would endanger his reputation. Is he
excused from the censure by canon 2232, § d (Is this an occult case?)
17. A priest of a nonexempt congregation has been dismissed, after
perpetual vows, for minor crimes (c. 671, 1°). Is he under censure? If
the case is occult and the observance of the censure would endanger his
reputation, may he disregard itl (C. 2232, § r). Can he be absolved from
it in an urgent case under canon 2254? Under canon .2290? If he is already
excused from its observance by canon 2232, what advantage would he
gain by receiving absolution?
'
18. A religious man in confession states: "My superior has suspended
me." What is the first question to ask? (Cf. cc, S0l, 2220, § I).
19. The Provincial Superior of a clerical exempt institute suspends
a iurisdiaione one of his subjects who has been giving scandal after
repeated warnings, and at the same time tells him that he withdraws all
faculties which he has given him and that he is instructing the local
superior to do the same. Later the suspended father, at the request of a
pastor friend, hears confessions at the parish church, relying on the
diocesan faculties which he obtained from the Bishop. Are the confessions
valid I (C. 2284)' Gravely illicit I (C. 2279, § 2, 1°).
20. A priest who is under suspension a divinis says Mass. Is this a sin?
(C. 2279, § 2, 2°). Are there any penal consequences I (C. 985, 7°).
Would this irregularity be incurred if the priest were excused under
canon 2232, § II (C. 986).
21. Father X has been suspended ah ordine subdiaconatus. May he read
the Epistle when saying low Mass privately I The reading of the Epistle is
one of the functions of the subdeacon (c. 2279, § 2, 5°).
22. Father H, through malicious gossip, is rather widely suspected of
giving scandal but is in fact innocent. His Bishop, a kindly man, realizes
CRIMES
AND
PENALTIES
that the loss of reputation is entirely undeserved, but says: "You are
suspended until your reputation is restored; I can do nothing by way of
transfer." Is this a case of infamia facti? (C. 2293). Is the suspension valid?
(C. 2218, § 2).
23. Bishop places a recalcitrant priest under a personal interdict, and
the matter becomes notorious everywhere. Priest leaves diocese. Can he
say Mass? (Cc. 2269, § 2, 2275). Must he at least attend Mass on Sunday?
(C. 2275). 1£ he came to you to confession (simple confessor) what would
you do? May you absolve him from his sins without absolving from the
interdict? (C. 2275). Can you absolve from the interdict? (C. 2254)'
Who can? (Cf. 2236, § I; Cappello, De Censuris, n. 478; A Coronata, IV,
n. '798).
24. Are there any interdicts latae sententiae in the Code? (Cc. 2332,
2339,2338, § 3)· Are they reserved? (Ibid.). Can an interdict be a censure
ab homine? (C. 2217).
25. Bishop, acting ex iniormtua conscientia. suspends one of his priests for
six months without previous warning. He has in his secret archives sworn
statements from three good, witnesses which prove the priest guilty of a
grave occult crime. The priest takes a recourse against the suspension, to
the S. C. of the Council. Was this suspension validly imposed? (CC.2187,
2233, § 2). Is the priest suspended pending the recourse? (C. 2287; A
Coronate, ITI, n. 1636). Would you hazard a conjecture as to the result of
the recourse?
Readings:
Hyland, Excommunication, Its Nature, Historical Development, and
Effects, Cath. U., 1928; Australasian Catholic Record ('935), p. 342 (Nevin,
on suspension ex in/armata conscientia).