a man is in grace, so long does he remain a partaker of the aforementioned threefold communion, in respect to the law of present righteousness. And as God is the most righteous judge, He cannot damn a man except for his demerit in non-participation of this kind. Therefore, the corollary is true. (2) It follows that no judge may ever excommunicate in this way unless the man himself shall before excommunicate himself by his offences. (3) It follows that no judge ought to excommunicate any one except for a criminal offence[1] or on account of mortal sin, and this is clear from 11: 3 [41, Friedberg, 1: 655], where it is said: "No bishop except for the certain and evident cause of sin shall deprive any one whomsoever from ecclesiastical communion by the anathema, because the anathema is the eternal damnation of death, and only for mortal sin ought it to be imposed and only on him who may not be otherwise corrected." And it is also said, 24: 3, His ita respondetur [Friedberg, 1: 988]: "With God not the sentence of priests is sought but the life of the guilty, for no one is to be known by the sentence to whom the stain of sin does not adhere." Likewise, Lyra, Com. on Hosea, 4, at the end, says: "O Judah, send Israel away, on account of his wickedness, for their company is separated, that is, excommunicated." And also it is said by Augustine, 2: 1, Multi, 5 (Friedberg, 1: 446]: "No one ought to be excommunicated except for a criminal offence."
All, however, agree in saying that excommunication is of two kinds, major and minor, as is apparent from de Sent. Excom. si quem de cleri excommunicat. fieri, de except. cap. 2 [Friedberg, 2: 912][2] where it is stated that a minor excommunication removes from the participation of the sacraments but the major separates from the communion of the faithful.
- ↑ A crimen or criminal offence is a violation of a natural law or a positive divine commandment, as, for example, adultery, as opposed to a violation of ecclesiastical law, delictum. Hergenröther, 549 sq., 780 sq.
- ↑ Gregory IX's Decretals, 5: 39, c. 59, and also 5: 39, c. 1, make the distinction above made by Huss between major and minor excommunication, the canon law running: "If any one pronounces the words, 'I excommunicate
