In the
canon law of the Catholic Church
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Cathol ...
,
excommunication
Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
(Lat. ''ex'', "out of", and ''communio'' or ''communicatio'', "communion"; literally meaning "exclusion from
communion") is a form of
censure
A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spir ...
. In the formal sense of the term, excommunication includes being barred not only from the
sacraments
A sacrament is a Christian rite that is recognized as being particularly important and significant. There are various views on the existence and meaning of such rites. Many Christians consider the sacraments to be a visible symbol of the real ...
but also from the fellowship of Christian
baptism
Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost inv ...
.
The principal and severest censure, excommunication presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it supposes a grave offense. The excommunicated
person
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, ...
is considered by
Catholic ecclesiastical authority as an exile from the Church, for a time at least.
Excommunication is intended to invite the person to change behaviour or attitude, repent, and return to
full communion
Full communion is a communion or relationship of full agreement among different Christian denominations that share certain essential principles of Christian theology. Views vary among denominations on exactly what constitutes full communion, but ...
.
[ It is not an "expiatory penalty" designed to make satisfaction for the wrong done, much less a "vindictive penalty" designed solely to punish. Excommunication, which is the gravest penalty of all, is always "medicinal".]
Its object and its effect are loss of communion, i.e. of the spiritual benefits shared by all the members of Catholic society; hence, it can affect only those who by baptism have been admitted to that society. There can and do exist other penal measures which entail the loss of certain fixed rights; among them are other censures, e.g. suspension for clerics, and interdict. Excommunication, however, is distinguished from these penalties in that it is the privation of all rights resulting from the social status of the Catholic as such. A person who has been excommunicated — unless excommunicated for apostasy
Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that i ...
, heresy
Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
or schism
A schism ( , , or, less commonly, ) is a division between people, usually belonging to an organization, movement, or religious denomination. The word is most frequently applied to a split in what had previously been a single religious body, suc ...
— is still considered a Catholic and still has all the duties of that relationship, including attending Mass. They are, however, to refrain from receiving the Eucharist
The Eucharist (; from Greek , , ), also known as Holy Communion and the Lord's Supper, is a Christian rite that is considered a sacrament in most churches, and as an ordinance in others. According to the New Testament, the rite was instit ...
.
General concepts
In Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
Catholic canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, excommunication is a rarely applied censure
A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spir ...
; it is a "medicinal penalty" intended to invite the person to change behaviour or attitude, repent
Repentance is reviewing one's actions and feeling contrition or regret for past wrongs, which is accompanied by commitment to and actual actions that show and prove a change for the better.
In modern times, it is generally seen as involving a co ...
, and return to full communion
Full communion is a communion or relationship of full agreement among different Christian denominations that share certain essential principles of Christian theology. Views vary among denominations on exactly what constitutes full communion, but ...
. It is not an "expiatory penalty" designed to make satisfaction for the wrong done, nor is it "vindictive".
The Catholic Church cannot, nor does it wish to, pose any obstacle to the internal relations of the soul with God; it even implores God to give the grace of repentance to the excommunicated. The rites of the church, nevertheless, are the providential and regular channel through which divine grace is conveyed to Christians; exclusion from such rites, especially from the sacraments, entails the privation of this grace, to whose sources the excommunicated person no longer has access.
Pope Leo X
Pope Leo X ( it, Leone X; born Giovanni di Lorenzo de' Medici, 11 December 14751 December 1521) was head of the Catholic Church and ruler of the Papal States from 9 March 1513 to his death in December 1521.
Born into the prominent political an ...
's papal bull ''Exsurge Domine
() is a papal bull promulgated on 15 June 1520 by Pope Leo X. It was written in response to the teachings of Martin Luther which opposed the views of the Church. It censured forty-one propositions extracted from Luther's ''Ninety-five Theses'' ...
'' (May 16, 1520) condemned as twenty-third proposition that "excommunications are merely external punishments, nor do they deprive a man of the common spiritual prayers of the Church". Pope Pius VI
Pope Pius VI ( it, Pio VI; born Count Giovanni Angelo Braschi, 25 December 171729 August 1799) was head of the Catholic Church and ruler of the Papal States from 15 February 1775 to his death in August 1799.
Pius VI condemned the French Revoluti ...
in '' Auctorem Fidei'' (August 28, 1794) condemned the notion which maintained that the effect of excommunication is only exterior because of its own nature it excludes only from exterior communion with the Church, as if, said the pope, excommunication were not a spiritual penalty binding in heaven
Heaven or the heavens, is a common religious cosmological or transcendent supernatural place where beings such as deities, angels, souls, saints, or venerated ancestors are said to originate, be enthroned, or reside. According to the belie ...
and affecting souls
In many religious and philosophical traditions, there is a belief that a soul is "the immaterial aspect or essence of a human being".
Etymology
The Modern English noun ''soul'' is derived from Old English ''sāwol, sāwel''. The earliest attes ...
.
Genuine excommunication must not be confused with a refusal of ecclesiastical communion
Full communion is a communion or relationship of full agreement among different Christian denominations that share certain essential principles of Christian theology. Views vary among denominations on exactly what constitutes full communion, bu ...
which was rather a refusal of episcopal communion. It was the refusal by a bishop to communicate ''in sacris'' (i.e., worship in common) with another bishop and his church, in consideration of an act deemed reprehensible and worthy of chastisement. It was undoubtedly the measure to which St. Martin of Tours
Martin of Tours ( la, Sanctus Martinus Turonensis; 316/336 – 8 November 397), also known as Martin the Merciful, was the third bishop of Tours. He has become one of the most familiar and recognizable Christian saints in France, heralded as the ...
had recourse when he refused to communicate with the Spanish bishops who caused Emperor Maximus
Magnus Maximus (; cy, Macsen Wledig ; died 8 August 388) was Roman emperor of the Western Roman Empire from 383 to 388. He usurped the throne from emperor Gratian in 383 through negotiation with emperor Theodosius I.
He was made emperor in B ...
to condemn to death the heretic Priscillian
Priscillian (in Latin: ''Priscillianus''; Gallaecia, - Augusta Treverorum, Gallia Belgica, ) was a wealthy nobleman of Roman Hispania who promoted a strict form of Christian asceticism. He became bishop of Ávila in 380. Certain practices of his f ...
with some of his adherents.
Anathema
Anathema, in common usage, is something or someone detested or shunned. In its other main usage, it is a formal excommunication. The latter meaning, its ecclesiastical sense, is based on New Testament usage. In the Old Testament, anathema was a cr ...
is a sort of aggravated excommunication, from which, however, it does not differ essentially, but simply in the matter of special solemnities and outward display.
The terminology
Terminology is a group of specialized words and respective meanings in a particular field, and also the study of such terms and their use; the latter meaning is also known as terminology science. A ''term'' is a word, compound word, or multi-wor ...
used to qualify the modalities of excommunication may vary depending on the author.
''A jure'' and ''ab homine''
Excommunication is either ''a jure'' (by law) or ''ab homine'' (by judicial act of man, i.e. by a judge). The first is provided by the law itself, which declares that whosoever shall have been guilty of a definite crime will incur the penalty of excommunication. The second is inflicted by an ecclesiastical prelate, either when he issues a serious order under pain of excommunication or imposes this penalty by judicial sentence and after a criminal trial.
''Latæ'' ''sententiæ'' and ''ferendæ sententiæ''
Excommunication is either ''latæ sententiæ
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'' or ''ferendæ sententiæ
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
''.
''Latae sententiae'' excommunication is incurred as soon as the offence is committed and by reason of the offence itself (''eo ipso'') without intervention of any ecclesiastical judge; it is recognized in the terms used by the legislator, for instance: "the culprit will be excommunicated at once, by the fact itself 'statim, ipso facto''.
''Ferendae sententiae'' excommunication is considered by the law as a penalty and is inflicted on the culprit only by a judicial sentence; in other words, the delinquent is rather threatened than visited with the penalty, and incurs it only when the judge has summoned him before his tribunal, declared him guilty, and punished him according to the terms of the law. It is recognized when the law contains these or similar words: "under pain of excommunication"; "the culprit will be excommunicated".
Public and occult
Excommunication ''ferendæ sententiæ
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'' can be public only, as it must be the object of a declaratory sentence pronounced by a judge; but excommunication ''latæ sententiæ
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'' may be either public or occult
The occult, in the broadest sense, is a category of esoteric supernatural beliefs and practices which generally fall outside the scope of religion and science, encompassing phenomena involving otherworldly agency, such as magic and mysticism a ...
.
* An excommunication is public through the publicity of the law when it is imposed and published by ecclesiastical authority; it is public through notoriety of fact when the offence that has incurred it is known to the majority in the locality, as in the case of those who have publicly done violence to clerics, or of the purchasers of church property. This excommunication is valid in the '' forum externum'' and consequently in the '' forum internum''.
* Excommunication is occult when the offence entailing it is known to no one or almost no one. This excommunication is valid in the ''forum internum'' only.
The practical difference of validities in the forums is very important:
* He who has incurred occult excommunication should treat himself as excommunicated and be absolved as soon as possible, submitting to whatever conditions will be imposed upon him, but this only in the tribunal of conscience; he is not obliged to denounce himself to a judge nor to abstain from external acts connected with the exercise of jurisdiction, and he may ask absolution without making himself known either in confession or to the Sacred Penitentiaria. According to the teaching of Benedict XIV
Pope Benedict XIV ( la, Benedictus XIV; it, Benedetto XIV; 31 March 1675 – 3 May 1758), born Prospero Lorenzo Lambertini, was head of the Catholic Church and ruler of the Papal States from 17 August 1740 to his death in May 1758. Pope Be ...
, "a sentence declaratory of the offence is always necessary in the forum externum, since in this tribunal no one is presumed to be excommunicated unless convicted of a crime that entails such a penalty".
* Public excommunication, on the other hand, is removed only by a public absolution; when it is question of simple publicity of fact (see above), the absolution, while not judicial, is nevertheless public, inasmuch as it is given to a known person and appears as an act of the ''forum externum''.
Total or partial
Salaverri and Nicolau note:
Reserved and non-reserved
Excommunication is either reserved or non-reserved. This division affects the absolution
Absolution is a traditional theological term for the forgiveness imparted by ordained Christian priests and experienced by Christian penitents. It is a universal feature of the historic churches of Christendom, although the theology and the pra ...
from censure
A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spir ...
. In the ''forum internum'' any confessor can absolve from non-reserved excommunications; but excommunications that are reserved can only be remitted, except through indult
In Catholic canon law, an indult is a permission or privilege, granted by the competent church authority – the Holy See or the diocesan bishop, as the case may be – for an exception from a particular norm of church law in an individual case ...
or delegation, by those to whom the law reserves the absolution.
There is a distinction between excommunications reserved to the pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
(these being divided into two classes, according to which they are either specially or simply reserved to him), and those reserved to bishops
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
or ordinaries. As to excommunications ''ab homine'', absolution from them is reserved by law to the judge who has inflicted them. In a certain sense, excommunications may also be reserved in view of the persons who incur them; thus, absolution from excommunications '' in foro externo'' incurred by bishops is reserved to the pope; again, custom
Custom, customary, or consuetudinary may refer to:
Traditions, laws, and religion
* Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom
* Norm (social), a r ...
reserves to him the excommunication of sovereigns.
Formal and material
There is a difference between ''formal'' and ''material'' excommunication:
Perfect excommunication
An excommunication perfect or a perfect excommunication, is defined as follow:
Membership of the Church
Salaverri and Nicolau give the following summary of theological opinions on excommunication and membership:
Salaverri and Nicolau's opinion is that only those which have been excommunicated by a "total, formal and perfect excommunication" can be said to be outside of the Catholic Church.
Catholic priest Joseph Krupp states that the person excommunicated is still considered Catholic and still has all the duties of that relationship, including going to Mass
Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementar ...
and the like. These persons are, however, to refrain from receiving Communion.
Edward N. Peters
Edward Neal Peters (born 1957) is an American Roman Catholic canonist and serves as a referendary#canon law, referendary of the Apostolic Signatura (an advisor/consultant to the Holy See's top tribunal). He is professor of canon law (Catholic Ch ...
states:
Bishop Thomas Paprocki
Thomas John Joseph Paprocki (born August 5, 1952) is an American prelate of the Roman Catholic Church who has been serving as bishop of the Diocese of Springfield in Illinois since 2010. He previously served as an auxiliary bishop of the Arc ...
holds a similar view as that of Krupp and Peters.
History
The Catholic Church claims that the penalty of excommunication is biblical
The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
and that both Paul of Tarsus
Paul; grc, Παῦλος, translit=Paulos; cop, ⲡⲁⲩⲗⲟⲥ; hbo, פאולוס השליח (previously called Saul of Tarsus;; ar, بولس الطرسوسي; grc, Σαῦλος Ταρσεύς, Saũlos Tarseús; tr, Tarsuslu Pavlus; ...
and John the Apostle
John the Apostle ( grc, Ἰωάννης; la, Ioannes ; Ge'ez: ዮሐንስ;) or Saint John the Beloved was one of the Twelve Apostles of Jesus according to the New Testament. Generally listed as the youngest apostle, he was the son of Zebedee a ...
make reference to the practice of cutting people off from the community, in order to hasten their repentance. The ''Catholic Encyclopedia
The ''Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church'' (also referred to as the ''Old Catholic Encyclopedia'' and the ''Original Catholic Encyclopedia'') i ...
'' states that from the earliest days of Christianity, excommunication was the chief (if not the only) ecclesiastical penalty for laymen; for guilty clerics the first punishment was deposition from their office, i.e. reduction to the ranks of the laity. The ''Catholic Encyclopedia'' adds that during the first centuries of Christianity, excommunication was not regarded as a simple external measure, but also as one which touched the soul and the conscience. It was not merely the severing of the outward bond which holds individual to their place in the Church; it severed also the internal bond, and the sentence pronounced on earth was understood to be ratified in heaven
Heaven or the heavens, is a common religious cosmological or transcendent supernatural place where beings such as deities, angels, souls, saints, or venerated ancestors are said to originate, be enthroned, or reside. According to the belie ...
.[
During the ]Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
, excommunication was analogous to the secular imperial ban
The imperial ban (german: Reichsacht) was a form of outlawry in the Holy Roman Empire. At different times, it could be declared by the Holy Roman Emperor, by the Imperial Diet, or by courts like the League of the Holy Court (''Vehmgericht'') or th ...
or "outlawry" under common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. The individual was separated to some degree from the communion of the faithful. Formal acts of public excommunication were sometimes accompanied by a ceremony wherein a bell was tolled (as for the dead), the Book of the Gospels was closed, and a candle snuffed out—hence the idiom "to condemn with bell, book, and candle."
Those under excommunication were to be shunned. Pope Gregory VII
Pope Gregory VII ( la, Gregorius VII; 1015 – 25 May 1085), born Hildebrand of Sovana ( it, Ildebrando di Soana), was head of the Catholic Church and ruler of the Papal States from 22 April 1073 to his death in 1085. He is venerated as a saint ...
was the first to mitigate the proscription against communicating with an excommunicated person. At a council in Rome in 1079, he made exceptions for members of the immediate family, servants, and occasions of necessity or utility. In the mid-12th century, Pope Eugene III
Pope Eugene III ( la, Eugenius III; c. 1080 – 8 July 1153), born Bernardo Pignatelli, or possibly Paganelli, called Bernardo da Pisa, was head of the Catholic Church and ruler of the Papal States from 15 February 1145 to his death in 1153. He w ...
held a synod
A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word ''wikt:synod, synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin ...
in order to deal with the large number of heretical groups. Mass excommunication was used as a convenient tool to squelch heretics who belonged to groups which professed beliefs radically different than those taught by the Catholic Church.
William the Conqueror
William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first House of Normandy, Norman List of English monarchs#House of Norman ...
separated ecclesiastical cases from the Hundred courts, but allowed the bishops to seek assistance from the secular authorities. Excommunications were intended to be remedial and compel the offender to return to the fold. The practice in Normandy
Normandy (; french: link=no, Normandie ; nrf, Normaundie, Nouormandie ; from Old French , plural of ''Normant'', originally from the word for "northman" in several Scandinavian languages) is a geographical and cultural region in Northwestern ...
provided that if an obdurate excommunicate remained so for a year and a day, his goods were subject to confiscation at the duke's pleasure. Later, bishops
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
were authorized to submit a writ to have the individual imprisoned. On the other hand, the bishops held temporalities
Temporalities or temporal goods are the secular properties and possessions of the church. The term is most often used to describe those properties (a ''Stift'' in German or ''sticht'' in Dutch) that were used to support a bishop or other religious ...
which the king could seize if the bishop refused to absolve an imprisoned excommunicate. The authority of a bishop to excommunicate someone was restricted to those persons who resided in his see. This often gave rise to jurisdictional disputes on the part of abbeys which claimed to be exempt.[
In 1215, the ]Fourth Council of the Lateran
The Fourth Council of the Lateran or Lateran IV was convoked by Pope Innocent III in April 1213 and opened at the Lateran Palace in Rome on 11 November 1215. Due to the great length of time between the Council's convocation and meeting, many bi ...
decreed that excommunication may be imposed only after warning in the presence of suitable witnesses and for manifest and reasonable cause; and that they are to be neither imposed nor lifted for payment. In practice, excommunications with subsequent writs appear to have been used to enforce clerical discipline and functioned something like a citation for "contempt of court". By the fourteenth century, bishops were resorting to excommunication against those who defaulted in making payment of the clerical subsidy demanded by the king of England
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...
for his wars against France.[
The ]Council of Trent
The Council of Trent ( la, Concilium Tridentinum), held between 1545 and 1563 in Trento, Trent (or Trento), now in northern Italian Peninsula, Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation ...
held that "excommunicated persons are not members of the Church, because they have been cut off by her sentence from the number of her children and belong not to her communion until they repent
Repentance is reviewing one's actions and feeling contrition or regret for past wrongs, which is accompanied by commitment to and actual actions that show and prove a change for the better.
In modern times, it is generally seen as involving a co ...
".
''In Coena Domini''
''In Coena Domini
''In Coena Domini'' was a recurrent papal bull between 1363 and 1770, so called from its opening words (Latin "At the table of the Lord", referring to the liturgical feast on which it was annually published in Rome: the feast of the Lord's Supper ...
'' was a recurrent papal bull between 1363 and 1770, formerly issued annually in Rome
, established_title = Founded
, established_date = 753 BC
, founder = King Romulus (legendary)
, image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg
, map_caption ...
on Holy Thursday
Maundy Thursday or Holy Thursday (also known as Great and Holy Thursday, Holy and Great Thursday, Covenant Thursday, Sheer Thursday, and Thursday of Mysteries, among other names) is the day during Holy Week that commemorates the Washing of the ...
(in Holy Week
Holy Week ( la, Hebdomada Sancta or , ; grc, Ἁγία καὶ Μεγάλη Ἑβδομάς, translit=Hagia kai Megale Hebdomas, lit=Holy and Great Week) is the most sacred week in the liturgical year in Christianity. In Eastern Churches, w ...
), or later on Easter Monday
Easter Monday refers to the day after Easter Sunday in either the Eastern or Western Christian traditions. It is a public holiday in some countries. It is the second day of Eastertide. In Western Christianity, it marks the second day of the Octa ...
. It included proscriptions against apostasy
Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that i ...
, heresy
Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
and schism
A schism ( , , or, less commonly, ) is a division between people, usually belonging to an organization, movement, or religious denomination. The word is most frequently applied to a split in what had previously been a single religious body, suc ...
, the falsification of apostolic briefs and papal bulls, violence done to cardinals
Cardinal or The Cardinal may refer to:
Animals
* Cardinal (bird) or Cardinalidae, a family of North and South American birds
**''Cardinalis'', genus of cardinal in the family Cardinalidae
**''Cardinalis cardinalis'', or northern cardinal, the ...
, papal legate
300px, A woodcut showing Henry II of England greeting the pope's legate.
A papal legate or apostolic legate (from the ancient Roman title ''legatus'') is a personal representative of the pope to foreign nations, or to some part of the Catholic ...
s, nuncio
An apostolic nuncio ( la, nuntius apostolicus; also known as a papal nuncio or simply as a nuncio) is an ecclesiastical diplomat, serving as an envoy or a permanent diplomatic representative of the Holy See to a state or to an international or ...
s; against piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
, against appropriating shipwrecked goods, and against supplying Saracens
file:Erhard Reuwich Sarazenen 1486.png, upright 1.5, Late 15th-century Germany in the Middle Ages, German woodcut depicting Saracens
Saracen ( ) was a term used in the early centuries, both in Greek language, Greek and Latin writings, to refer ...
and Turks with war material. The custom of periodical publication of censures was an old one. The tenth canon
Canon or Canons may refer to:
Arts and entertainment
* Canon (fiction), the conceptual material accepted as official in a fictional universe by its fan base
* Literary canon, an accepted body of works considered as high culture
** Western ca ...
of the Council of York (1195) ordered all priests to publish censures of excommunication against perjurers with bell and lighted candle thrice in the year. The Council of London in 1200
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
commanded the yearly publication of excommunication against sorcerers, perjurers, incendiaries, thieves and those guilty of rape.
From the middle of the fifteenth century, dueling
A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules.
During the 17th and 18th centuries (and earlier), duels were mostly single combats fought with swords (the rapier and la ...
over questions of honor increased so greatly, that in 1551 the Council of Trent
The Council of Trent ( la, Concilium Tridentinum), held between 1545 and 1563 in Trento, Trent (or Trento), now in northern Italian Peninsula, Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation ...
was obliged to enact the severest penalties against it. The malice of the duel lies in the fact that it makes right depend upon the fate of arms. Dueling was forbidden; and the prohibition extended to not only the principals, but their seconds, physicians expressly brought to attend upon the scene, and all spectators not accidentally present. The excommunication was incurred, not only when the parties actually fought, but as soon as they proposed or accepted a challenge. According to the council, those who took part in a duel were ''ipso facto
is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a ''direct'' consequence, a resultant ''effect'', of the action in question, instead of being brought about by a previous action. It is a ...
'' excommunicated, and if they were killed in the duel they were to be deprived of Christian burial. These ecclesiastical penalties were at a later date repeatedly renewed and even in parts made more severe. Benedict XIV
Pope Benedict XIV ( la, Benedictus XIV; it, Benedetto XIV; 31 March 1675 – 3 May 1758), born Prospero Lorenzo Lambertini, was head of the Catholic Church and ruler of the Papal States from 17 August 1740 to his death in May 1758. Pope Be ...
decreed that duelists should be denied burial by the Church even if they did not die on the dueling ground and had received absolution before death. It pronounced the severest ecclesiastical penalties against those princes who should permit dueling between Christians in their territories.
Political aspects
When King John of England refused to accept Stephen Langton
Stephen Langton (c. 1150 – 9 July 1228) was an English Cardinal of the Roman Catholic Church and Archbishop of Canterbury between 1207 and his death in 1228. The dispute between King John of England and Pope Innocent III over his ...
as Archbishop of Canterbury, he seized the lands of the archbishopric and other papal possessions. Pope Innocent III
Pope Innocent III ( la, Innocentius III; 1160 or 1161 – 16 July 1216), born Lotario dei Conti di Segni (anglicized as Lothar of Segni), was the head of the Catholic Church and ruler of the Papal States from 8 January 1198 to his death in 16 J ...
first sent a commission to negotiate with the king, and when that failed, place the kingdom under interdict
In Catholic canon law, an interdict () is an ecclesiastical censure, or ban that prohibits persons, certain active Church individuals or groups from participating in certain rites, or that the rites and services of the church are banished from ...
. This prohibited the clergy from conducting religious services, with the exception of baptisms for the young, and last rites for the dying. King John responded by taking more church lands and their revenues. Innocent threatened the king with excommunication and in 1209 proceeded to excommunicate the King.
Abuses
The extension of the use of excommunication led to abuses. The penalty is designed to bring the sinner back to repentance. However, it could be abused, used as a political tool and even employed for the purposes of revenge—abuses of canon law. In 1304, John Dalderby
John Dalderby (or Aldberry or d'Aldreby; died 1320) was a medieval Bishop of Lincoln.
Life
Dalderby was rector of Dalderby in LincolnshireGreenway Fasti Ecclesiae Anglicanae 1066–1300: Volume 3: Lincoln: Bishops of Lincoln'' before holding t ...
, Bishop of Lincoln, excommunicated all those persons of Newport Pagnell
Newport Pagnell is a town and civil parish in the City of Milton Keynes, Buckinghamshire, England. The Office for National Statistics records Newport Pagnell as part of the Milton Keynes urban area.
It is separated from the rest of the urban ...
who knew the whereabouts of Sir Gerald Salvayn's wayward falcon and failed to return it.
Major and minor excommunication
Until the second half of the 19th century, excommunication was of two kinds, major and minor:
* Minor excommunication does not exist anymore. A minor excommunication is uniformly defined by canonists
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
and by Gregory IX
Pope Gregory IX ( la, Gregorius IX; born Ugolino di Conti; c. 1145 or before 1170 – 22 August 1241) was head of the Catholic Church and ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decre ...
as prohibition from receiving the sacraments, what theologians call the passive use of the sacraments. In order to receive the Eucharist and the other sacraments, those who had incurred this penalty had to be absolved therefrom; as it was not reserved, this could be done by any confessor. Indirectly, however, it entailed other consequences. The canon law taught that the priest who celebrates Mass while under the ban of minor excommunication sins grievously; also that he sins similarly in administering the sacraments; and finally, that while he can vote for others, he himself is ineligible to a canonical office. This is readily understood when we remember that the cleric thus excommunicated was presumed to be in the state of grievous sin, and that such a state is an obstacle to the lawful celebration of Mass and the administration of the sacraments.
* Major excommunication, which remains now the only kind in force.
Minor excommunication was really identical with the state of the penitent
Penance is any act or a set of actions done out of repentance for sins committed, as well as an alternate name for the Catholic, Lutheran, Eastern Orthodox, and Oriental Orthodox sacrament of Reconciliation or Confession. It also plays a part i ...
of olden times who, prior to his reconciliation, was admitted to public penance. Minor excommunication was incurred by unlawful intercourse with the excommunicated, and in the beginning no exception was made of any class of excommunicated persons. Owing, however, to many inconveniences arising from this condition of things, especially after excommunications had become so numerous, Martin V
Pope Martin V ( la, Martinus V; it, Martino V; January/February 1369 – 20 February 1431), born Otto (or Oddone) Colonna, was the head of the Catholic Church and ruler of the Papal States from 11 November 1417 to his death in February 1431. Hi ...
, by the constitution ''Ad evitanda'' (1418), restricted the aforesaid unlawful intercourse to that held with those who were formally named as persons to be shunned and who were therefore known as '' vitandi'' (Latin ''vitare'', to avoid), also with those who were notoriously guilty of striking a cleric.
But as the twofold category of minor and major excommunication was in modern times greatly reduced, little attention was paid to minor excommunication, and eventually it ceased to exist after the publication of the constitution ''Apostolicæ Sedis''. The latter was silent concerning minor excommunication (by its nature an excommunication ''latæ sententiæ'' of a special kind); therefore, canonists
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
concluded that minor excommunication no longer existed. This conclusion was formally ratified by the Holy Office
The Dicastery for the Doctrine of the Faith (DDF) is the oldest among the departments of the Roman Curia. Its seat is the Palace of the Holy Office in Rome. It was founded to defend the Catholic Church from heresy and is the body responsible f ...
(6 Jan., 1884, ad 4).
Number of ''latae sententiae'' excommunications
Over time, the number of hypothetical situations envisioned by the moralists and canonists
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
as ''ipso facto
is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a ''direct'' consequence, a resultant ''effect'', of the action in question, instead of being brought about by a previous action. It is a ...
'' bringing about excommunication ''latae sententiae
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'', had increased by a lot; Lucius Ferraris
Lucius Ferraris (18 April 1687 – 24 February 1763) was an Italian Franciscan canonist of the 18th century. He was born at Solero, near Alessandria in Northern Italy. He was also professor, provincial of his order, and consultor of the Holy Off ...
(18th century) numbers almost 200 of those possible situations. The principal ones were destined to protect the Catholic faith, the ecclesiastical hierarchy
The hierarchy of the Catholic Church consists of its bishops, priests, and deacons. In the ecclesiological sense of the term, "hierarchy" strictly means the "holy ordering" of the Church, the Body of Christ, so to respect the diversity of gif ...
and its jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
, and figured in the bull ''In Coena Domini
''In Coena Domini'' was a recurrent papal bull between 1363 and 1770, so called from its opening words (Latin "At the table of the Lord", referring to the liturgical feast on which it was annually published in Rome: the feast of the Lord's Supper ...
'' read publicly each year in Rome
, established_title = Founded
, established_date = 753 BC
, founder = King Romulus (legendary)
, image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg
, map_caption ...
, on Holy Thursday
Maundy Thursday or Holy Thursday (also known as Great and Holy Thursday, Holy and Great Thursday, Covenant Thursday, Sheer Thursday, and Thursday of Mysteries, among other names) is the day during Holy Week that commemorates the Washing of the ...
.
''Apostolicae Sedis''
In the preamble of the 1869 apostolic constitution '' Apostolicae Sedis'', Pius IX
Pope Pius IX ( it, Pio IX, ''Pio Nono''; born Giovanni Maria Mastai Ferretti; 13 May 1792 – 7 February 1878) was head of the Catholic Church from 1846 to 1878, the longest verified papal reign. He was notable for convoking the First Vatican ...
stated that during the course of centuries, the number of censures ''latae sententiae
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'' had increased inordinately, that some of them were no longer expedient, that many were doubtful, that they occasioned frequent difficulties of conscience, and finally, that a reform was necessary. ''Apostolicae Sedis'' was a issued by Pope Pius IX on 12 October 1869. It revised the list of censures that in canon law were imposed automatically (''latae sententiae'') on offenders. It also reduced their number and clarified those preserved: all excommunications ''latæ sententiæ
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'' that ''Apostolicae Sedis'' did not mention were abolished. The document also detailed which excommunications where reserved and to whom.
In the 19th century, there are four more excommunications ''latæ sententiæ'' which were declared after the publication of ''Apostolicae Sedis moderationi
''Apostolicae Sedis moderationi'' was a papal bull issued by Pope Pius IX on 12 October 1869, which revised the list of censures that in canon law were imposed automatically (''lata sententia'') on offenders. It reduced their number and clarif ...
'':
# In 1872, a ''latae sententiae'' excommunication, non-reserved, was declared against missionaries, both regulars and seculars, of the East Indies
The East Indies (or simply the Indies), is a term used in historical narratives of the Age of Discovery. The Indies refers to various lands in the East or the Eastern hemisphere, particularly the islands and mainlands found in and around t ...
(Farther Orient) or the West Indies
The West Indies is a subregion of North America, surrounded by the North Atlantic Ocean and the Caribbean Sea that includes 13 independent island countries and 18 dependencies and other territories in three major archipelagos: the Greater A ...
(America) who devote themselves to commerce or who participate in it, and their immediate superiors, provincial or general, who fail to punish the culprits, at least by removal, and even after a single offense. This excommunication comes down from the Constitutions of Urban VIII, "Ex delicto" (February 22, 1633), and Clement IX, "Sollicitudo" (July 17, 1669), but was suppressed by reason of non-mention in the apostolic constitution ''Apostolicae Sedis''; it was reestablished, however, at the request of the S. Cong. of the Inquisition, on December 4, 1872. This excommunication is non-reserved, but the culprit cannot be absolved prior to making restitution, unless he be at the point of death.
# The Constitution "Romanus Pontifex" (August 28, 1873), besides other penalties, declares excommunication ''latae senentiae'' reserved to the pope: 1) first, against the dignitaries and canons of cathedral churches (or those having the administration of vacant cathedrals) who would dare to concede and transfer the administration of their church with the title of vicar to the person elected by the chapter, or named or presented to said church by lay power; 2) second, against those so elected or presented; 3) and third, against all who aid, advise, or countenance the aforesaid offenders.
# Excommunication ''latae sententiae'' reserved to the pope against the members of the "Catholic Italian Society for the restoration of the rights of the Christian and especially of the Roman people", and against its promoters, supporters, and adherents ( S. Peniten., August 4, 1876; Acta S. Sed., IX, 352). Amongst other rights this society proposed to restore popular participation in the election of the sovereign pontiff.
# In 1893, a ''latae sententiae'' excommunication reserved to the ordinary was pronounced: it was against laymen (for ecclesiastics the penalty is suspension
Suspension or suspended may refer to:
Science and engineering
* Suspension (topology), in mathematics
* Suspension (dynamical systems), in mathematics
* Suspension of a ring, in mathematics
* Suspension (chemistry), small solid particles suspend ...
) who traffic in Mass-stipends and trade them with priests for books and other merchandise ( S. Cong. of the Council, decree "Vigilanti studio", May 25, 1893).
20th century
The early 20th century ''Catholic Encyclopedia
The ''Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church'' (also referred to as the ''Old Catholic Encyclopedia'' and the ''Original Catholic Encyclopedia'') i ...
'' notes that " recent times" the number of excommunications in force was greatly diminished, that a new method of absolving from them has been inaugurated, and that that thus, without change of nature, excommunication has become an exceptional penalty, reserved for very grievous offenses detrimental to Christian society.[
The '']1917 Code of Canon Law
The 1917 ''Code of Canon Law'' (abbreviated 1917 CIC, from its Latin title ), also referred to as the Pio-Benedictine Code,Dr. Edward Peters accessed June-9-2013 was the first official comprehensive codification of Latin canon law.
Ordered ...
'' entered into force
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this t ...
in 1918.
In 1975 , Louis de Naurois referred to that excommunication as "the gravest penalty of all and the most frequent", and added that excommunication "is always medicinal".
''Vitandi'' and ''tolerati''
Since 1418, the Catholic Church formally differentiated between excommunicated persons ''tolerati'' ("tolerated") and those '' vitandi'' ("to be avoided"), when Pope Martin V
Pope Martin V ( la, Martinus V; it, Martino V; January/February 1369 – 20 February 1431), born Otto (or Oddone) Colonna, was the head of the Catholic Church and ruler of the Papal States from 11 November 1417 to his death in February 1431. Hi ...
clearly drew this distinction in his apostolic constitution ''Ad evitanda scandala''.
This distinction "was still found in canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
as late as the early 20th century, but it has been dropped from current law as being unworkable given the way modern
Modern may refer to:
History
* Modern history
** Early Modern period
** Late Modern period
*** 18th century
*** 19th century
*** 20th century
** Contemporary history
* Moderns, a faction of Freemasonry that existed in the 18th century
Phil ...
societies are set up".
Reforms of John Paul II
The 1983 ''Code of Canon Law'' entered into force in 1983. The ''Code of Canons of the Eastern Churches
The ''Code of Canons of the Eastern Churches'' (CCEC; la, Codex Canonum Ecclesiarum Orientalium, abbreviated CCEO) is the title of the 1990 codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic ...
'' entered into force in 1991.
Excommunicable offenses
In the Latin Church, canon law describes two forms of excommunication. The first is '' ferendae sententiae''. This is where the person excommunicated is subject to a canonical process or trial, and if found guilty of misdemeanours meriting excommunication is duly sentenced. Once the sentence is published, that person is barred from active participation as a member of the Catholic Church. But this is a rare event.
The more common excommunication is that termed ''latae sententiae
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'', or what sometimes called often "automatic excommunication", where someone, in committing a certain act, incurs the penalty without any canonical process having to take place.[ If the law or precept expressly establishes it, however, a penalty is ''latae sententiae'', so that it is incurred '']ipso facto
is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a ''direct'' consequence, a resultant ''effect'', of the action in question, instead of being brought about by a previous action. It is a ...
'' when the delict is committed ( can. 1314).
''Ferendae sententiae''
A person may be '' ferendae sententiae'' (i.e., upon judicial review) excommunicated if the person
# tries to celebrate the Mass
Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementar ...
without being a priest (incurs, for Latin Catholics, also a ''latae sententiae'' interdict
In Catholic canon law, an interdict () is an ecclesiastical censure, or ban that prohibits persons, certain active Church individuals or groups from participating in certain rites, or that the rites and services of the church are banished from ...
for laymen and suspension
Suspension or suspended may refer to:
Science and engineering
* Suspension (topology), in mathematics
* Suspension (dynamical systems), in mathematics
* Suspension of a ring, in mathematics
* Suspension (chemistry), small solid particles suspend ...
for clerics, can. 1378 § 2 no. 1, ; can. 1443 CCEO);
# hears a Confession
A confession is a statement – made by a person or by a group of persons – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information th ...
or tries to absolve without being able to absolve (for Latin Catholics; this does not, of course, include hindrances on the penitent's side for the mere hearing of the Confessions, and hidden hindrances on the penitent's side for absolutions; can. 1378 § 2 no. 1, 1983 CIC; incurs also a ''latae sententiae'' interdict for laymen and suspension for clerics);
# breaks the Seal of the Confessional indirectly or as someone not the Confessor, e.g. an interpreter or one who overheard something that was said (for Latin Catholics, can. 1388 § 2 1983 CIC);
# who breaks a penal law allowing excommunication that was enacted on local level, which the local authority, however, may only do with great caution and for grave offences (for Latin Catholics, can. 1318, 1983 CIC);
# omits stubbornly, as an Eastern Catholic
The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of t ...
priest, the commemoration of the hierarch
An ordinary (from Latin ''ordinarius'') is an officer of a church or civic authority who by reason of office has ordinary power to execute laws.
Such officers are found in hierarchically organised churches of Western Christianity which have an ...
in the Divine Liturgy
Divine Liturgy ( grc-gre, Θεία Λειτουργία, Theia Leitourgia) or Holy Liturgy is the Eucharistic service of the Byzantine Rite, developed from the Antiochene Rite of Christian liturgy which is that of the Ecumenical Patriarchate of C ...
and Divine Praises (not mandatorily, can. 1438 CCEO);
# commits physical violence against a patriarch or a metropolitan, as an Eastern Catholic (can. 1445 § 1 CCEO);
# incites sedition
Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...
against any hierarch, especially a patriarch or the Pope, as an Eastern Catholic (can. 1447 § 1, 1983 CIC, not mandatorily);
# commits murder, as an Eastern Catholic (can. 1450 § 1 CCEO);
# kidnaps, wounds seriously, mutilates or tortures (physically or mentally) a person, as an Eastern Catholic (can. 1451 CCEO, not mandatorily);
# falsely accuses someone of a anonicaloffense, as an Eastern Catholic (can. 1454 CCEO, not mandatorily);
# tries to use the influence of secular authority to gain admission to Holy Orders or any function in the Church, as an Eastern Catholic (can. 1460 CCEO, not mandatorily);
# administers or receives a Sacrament
A sacrament is a Christianity, Christian Rite (Christianity), rite that is recognized as being particularly important and significant. There are various views on the existence and meaning of such rites. Many Christians consider the sacraments ...
, excluding Holy Orders, or any function in the Church through simony
Simony () is the act of selling church offices and roles or sacred things. It is named after Simon Magus, who is described in the Acts of the Apostles as having offered two disciples of Jesus payment in exchange for their empowering him to imp ...
, as an Eastern Catholic (can. 1461 CCEO, not mandatorily).
''Latae sententiae''
The 1983 ''Code of Canon Law'' attaches the penalty of ''latae sententiae
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the l ...
'' (automatic) excommunication to the following actions:
# Apostates
Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that ...
, heretics
Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
, and schismatics ( can. 1364)
# Desecration of the Eucharist
The Eucharist (; from Greek , , ), also known as Holy Communion and the Lord's Supper, is a Christian rite that is considered a sacrament in most churches, and as an ordinance in others. According to the New Testament, the rite was instit ...
(can. 1367)
# A person who physically attacks the pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
(can. 1370)
# A priest who in confession absolves a partner with whom they have violated the sixth commandment offenses against chastity">nowiki/>offenses against chastity(can. 977, can. 1378)
# A person who attempts to confer a holy order on a woman, and the woman who attempts to receive it (can. 1379)
# A bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
who consecrates another bishop without papal mandate (can. 1382)
# A priest who violates the seal of the confessional (can. 1388)
# A person who procures an abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
( can. 1398)
# Accomplices who were needed to commit an action that has an automatic excommunication penalty (can. 1329)
Those who can excommunicate
Excommunication is either ''a jure'' (by law) or ''ab homine'' (by judicial act of man, i.e. by a judge). The first is provided by the law itself, which declares that whosoever shall have been guilty of a definite crime will incur the penalty of excommunication. The second is inflicted by an ecclesiastical prelate, either when he issues a serious order under pain of excommunication or imposes this penalty by judicial sentence and after a trial.[
Excommunication is an act of ecclesiastical jurisdiction, the rules of which it follows. Hence the general principle: whoever has proper jurisdiction can excommunicate, but only his own subjects. Therefore, whether excommunications be ''a jure'' (by the law) or ''ab homine'' (under form of sentence or precept), they may come from the pope, from the bishop for his diocese; and from regular prelates for religious orders. But a parish priest cannot inflict this penalty. The subjects of these various authorities are those who come under their jurisdiction chiefly on account of domicile or quasi-domicile in their territory; then by reason of the offense committed while on such territory; and finally by reason of personal right, as in the case of regulars. As to excommunications ''ab homine'', absolution from them is reserved by law to the ordinary who has imposed them.][
]
Those who can be excommunicated
No one can be subject to ecclesiastical censure unless they be baptized
Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost ...
, delinquent, and contumacious
Contumacy is a stubborn refusal to obey authority or, particularly in law, the willful contempt of the order or summons of a court (see contempt of court). The term is derived from the Latin word ''contumacia'', meaning firmness or stubbornness.
I ...
. Baptism confers initial jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
, delinquency refers to having committed a wrong, and contumacious indicates the person's willfull persistence in such conduct. Since excommunication is the forfeiture of the spiritual privileges of ecclesiastical society, all those, but those only, can be excommunicated who, by any right whatsoever, belong to this society. Consequently, excommunication can be inflicted only on baptized and living Catholics. It does not pertain to pagans Pagans may refer to:
* Paganism, a group of pre-Christian religions practiced in the Roman Empire
* Modern Paganism, a group of contemporary religious practices
* Order of the Vine, a druidic faction in the ''Thief'' video game series
* Pagan's ...
, Muslims
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...
, Jews
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
, and other non-Catholics.[
No one is automatically excommunicated for any offense if, without any fault of his own, he was unaware that he was violating a law ( 1323 n. 2) or that a penalty was attached to the law (1983 CIC ]1324
Year 1324 ( MCCCXXIV) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
* 23 March – Pope John XXII excommunicates German king Louis IV, as Louis had not sought papal approval during ...
§1 n. 9). The same applies if one was a minor, had the imperfect use of reason, was forced through grave or relatively grave fear, was forced through serious inconvenience, or in certain other circumstances (1983 CIC 1324).[
]
Absolution from excommunication
Apart from the rare cases in which excommunication is imposed for a fixed period and then ceases of itself, it is always removed by absolution. It is to be noted at once that, though the same word is used to designate the sacramental sentence by which sins are remitted and that by which excommunication is removed; there is a vast difference between the two acts. The absolution which revokes excommunication is purely jurisdictional and has nothing sacramental about it. It reinstates the repentant sinner in the Church; restores the rights of which he had been deprived, beginning with participation in the sacraments; and for this very reason, it should precede sacramental absolution, which it thenceforth renders possible and efficacious. After absolution from excommunication has been given, the judge sends the person absolved to a confessor, that his sin may be remitted; when absolution from censure is given in the confessional, it should always precede sacramental absolution, conformably to the instruction in the Ritual and the very tenor of the formula for sacramental absolution.[
It may be noted at once that the principal effect of absolution from excommunication may be acquired without the excommunicated person's being wholly reinstated in his former position. Thus, an ]