Open main menu

Page:Catholic Encyclopedia, volume 17.djvu/312

This page needs to be proofread.


BZOOHBCUinOATION 296 EZOOHBCUmOATION

admitted by canonists, was not formally recognized legislation mentioned the printers, but not the

by the law. publishers, of these forbidden books as incurring

l— Excommunication very specially reserved to excommimication, and made no reference to writings

the pove is incurred by: (a) Those who throw of schismatics or to works upholding apostasy or

away the consecrated species or cany them off or schism. It should be noted that the authors whose

retain them for an evil purpose (can. 2320). This works may not be published, or knowingly defended,

is a new excommunication. read or kept, in virtue of this particular canon

(b) Anyone who la3rB violent hands on the pope; without the incurring of ezcommumcation are those such a culprit is^ moreover, by the very fact of nis only who are or have been Christians.

crime, an excommunicate vitandus (can. 2343). (c) Anyone who not being a priest pretends to

Under the Code, attacks on the person of the pope celebrate Mass or hear sacramental confession (can.

are punished more severely than before. It may 2322); a new censure.

be noticed also that this is the only case in which (d) Those who are guilty of certain crimes in

a culprit becomes an excommunicate vitandus (i. e., connection with papal elections referred to by

one to be shunned) without a sentence or denuncia- Pius X in his Constitution 'Tacante Sede Apos-

tion. tolica" of 25 December, 1904 (can. 2330). The fol-

(c) A confessor who absolves or pretends to lowing persons are therein mentioned as incurring absolve an accomplice in a sin against chastity, excommunication: Cardinals who during the con- except when there is a really grave oanger of death clave, if not prevented by ill-health, do not obey the (in articulo mortis, at the point of death, usually signal when given for the. third time to assemble so inter|)reted in this matter by canonists) and no for a scrutiny (f37) ; any person who sends into or other priest is present, even one lacking approba- more specially out from tne conclave any written tion, who coula hear the confession without great or printed matter which has not been submitted for danger of giving scandal or of ruining the reputation examination to the secretary of the Sacred (I^ollege of either or both of the culprits, or if the dying and of the prelates in charae of the conclave; it is, person refuses to confess to another priest. Further- moreover, absolutely forbidden for anyone to send more, the same penalty would be incurred if the daily papers or periodicals from the conclave (§50); guilty priest heard the confession of his accomplice, cardinals or attendants present at the conclave who who at his direct or indirect instigation omitted violate the obligation of secrecy regarding the dec- mentioning the sin from which he or she had not tion or what takes place in the conclave or place been already absolved (can. 2367). of election (f51); cardinals who reveal to their

(d) A confessor who presumes to violate the attendants or anyone else matters relating directly seal of confession directly (can. 2369). This is a or indirectly to the voting, or to the proceedings new censure, enacted not to correct an abuse, as or decrees of the assembUes of the cardinals held violation of the seal of confession has occurred before or during conclave (f52); those who are only extremely rarely in history, but to reafiSrm to guilty of simony (§79) ; any persons, even cardinals, the world the sanctity of the secret of any penitent who, during the lifetime of the pope and without mentioned in the confessional. his knowledge, presume to treat of the election of

II — Excommunication specially reserved to the his successor or to promise their vote, or who discufls

pope is incurred by: (a) All apostates from the the matter or come to any decision regarding it

Christiui faith, all heretics and schismatics (can. at private meetings (§80); anyone takii^ part in

2314). Those who gave credence to, received, coim- the conclave who, even as the result of a mere

tenanced, or defended apostates or heretics for- desire, has undertaken to propose the Veto on be-

merly incurred this penalty expressly; they are now half of any civil power in any way to any or ail

immune, except in so far as they have incurred of the cardinals before or during the conclave; and

guilt as co-operators. Though absolution from this what is said of the Veto applies to every kind of

censure is reserved in the forum of conscience to attempt by a lay person or by the secular power

the pope, yet, if the crime of apostasy, heresy, or to meddle in a papal election (§S1) ; cardinals who

schism has been brought before a local ordinary agree or promise or in any way bind themselves

in the external forum m any way, even by volun- to give or refuse their vote to anyone — this, of

tary confession, he but not a vicar-general without course, does not refer to the discussions that take

a special mandate,^ may by his ordinary power, place during the vacancy (§82) ; and finally, anyone

absolve the culprit in the external forum^ and then who dares to disregard letters written by the pope

any confessor can absolve him from the sin. Before after his acceptance of office but before his con-

the local ordinary grants absolution from the cen- secration (§88). Except where there is danger of

sure the culprit must abjure his error in the presence death absolution from the excommimication in-

of the ordinarv or of his delegate and of at least two flicted for these offenses can be given by the pope

witnesses. Tnis power of the bishop to absolve alone, even the major penitentiary being witnout

in the external forum is ordinary and can be faculties for granting it.

delegated; in the United States it is customary to (e) All those, not excluding even sovereigns,

delegate it to priests who receive converts to re- bishops, and cardinals, who appeal from the laws,

lieve them from the necessit^^ of asking for faculties decrees, or mandates of a reiiniing pontiff to a

in each case. If a person is suspected of heresy, general council (can. 2332). Tne new legislation,

he is to receive a canonical admonition; and if he unlike the old, makes no distinction between pres-

stubbomly neglects the wamins and minor penal- ent and future councils; it may be noted, too, that

ties that may be imposed, he is nnally to be deemed nothing is said expressly in the canon about those

a heretic, and as such he incurs this form of who co-operate by giving aid, counsel, or counte-

excommunication. nance to such appeals.

(b) Those who publish books written by apos- (f) Those who have recourse to any lay power

tates, heretics, or schismatics, advocating apostasy, to impede the letters or documents of the Holy

heresy, or schism — ^the censure is incurred only when See or of its legate, or who directly or indirectly

the work has been actually published — and all who prohibit their promulgation or execution, or who

defend or knowingly and without due permission on account of these letters or documents injure

read or keep those books or others pronibited by or intimidate those interested in them or any other

name by Apostolic letters (can. 2318). The former person.