Page:Catholic Encyclopedia, volume 17.djvu/313

 EZOOHBCUinCATION 297 EXCOMMUNICATION

(g) Those who publish laws, mandates, or de- ingly and freely communicate with him in divinis

creea against the liberty or rights of the Church; and admit him to the Divine offices (can. 2338).

or who, directly or indirectly, impede the exercise (e) Those who, without leave of the Holy See,

of ecclesiastical jurisdiction in the internal or ex- dare to cite before a lay judge a titular or resi-

temal forum, having recourse for that purpose to dential bishop (other than their own), or an abbot

any lay power (can. 2334). This varies from the or prelate nullius, or any of- the highest superiors

former censure by including mandates; again, the of religious orders approved or lauded by the Holy

impeding of ecclesiastical jurisdiction referred to See (can. 2341).

must r^dt from the recourse to the civil authority; (f) All persons of whatever kind, condition, or

if it resulted from threats or violence on the part sex, who violate the canonical enclosure or cloister

of the offender it would not come under this canon, of nuns having solemn vows {moniales), by pene-

(h) Those who, without due permission of the trating into their monasteries without lawful per- Holy See, dare to cite before a la^r judge, a cardinal, mission, and those who introduce or admit them ; a papal legate, or a higher official of the Roman also all women who enter the enclosure of a regular Cmia in matters pertaining to their own office, or order of men. and superiors and cdl others who in- who thus cite their own ordinary (can. 2341). There troduce or admit them, or girls whatever their age are fewer persons protected by this enactment than may be; and, finally, nuns with solemn vows who under the old legislation. The censure may be leave their enclosure unlawfully, that is even for a incurred not merely by aplanti£r,butalsobya judge, short time under any pretext, without leave of the though the latter would ordinarily be immune aa Holy See, except when they are in imtaiinent danger having usually no discretion in the matter; being of death or of some very grave evil (can. 2342). compelled by law to act when requested, his action The wording of this section varies slightly from would not come within the category of those re- that of the old law: the censure for violating con- ferred to when the expression "dare," ausua juerit vent enclosure was formerly incurred by those who is used. had not attained puberty; they are now, however,

(i) Those who lay violent hands on cardinals, exenmt from all censures. This canon, it may be

legates, patriarchs, archbishops or bishops^ whether noted, refers to papal enclosure exclusively,

residential or titular (can. 2343). (g) Those who presume to usurp and convert

(j) Those who usurp or retain personally or to their own use, directly or indirectly, church

otherwise the property or rights of the Roman property of any kind, or who prevent those who

Church (can. 2345). While accomplices are not have a right to receive the income from obtaining

mentioned in this canon, as they were in the Con- it (can. 2346). . The excommunication cannot be

gtitution "ApostoHcfiB Sedis," they, too, may, at removed tiU the culprit restores the property or

times, still incur this penalty (can. 2209; 2231). removes the obstacle to the reception of the in-

(k) Those who forge or falsify letters, decrees, ^^- _,, t ^ lx j • i. . «

or rescripts of the Holy See, or who knowingly ^^i Those who fight duels or who challenge or

make use of such letters (can. 2360). By forgery accept challenges thereto or who aid or countenance

is meant the fabrication of an entire document or duelling, or who are present deagnedly at such com-

the affixing of the official seal to a document fabri- ^a^s and pernut them to take place or do not pre-

cated by another; falsification, on the other hand, vent them as far as hes in theur power (can. 2351).

means the alteration of an authentic document by, ^^} Clencs m major orders and regulars and nuns

suppression, erasures, writing over, or substitution, *^^ng a solemn vow of chastity who presume to

in a way that notably modifies its meaning. Under contract mamage, even civilly, and also all per-

the pre-Code legislation forgery did not entail this ^^ ^52oP^°^® ^^ attempt mamage with them

excommunication, though Sie publication of the  Those who are guilty of simony in connec-

curred only excommunication reserved to the ordi- ^^^^ ^^ ai^ecclesiastical office, dignity, or bene-

^0)* Those who directly or indirectly denounce .S^\, A vicar capitular or any other person who, a confessor to his superiors on a fals^ charge of ^"^^^^ J^JJ'^'^I^i^^^V^^^ ^'^^X* destroy^ con- soUcitation (can. 2363). This is a new censure, ceals or substantially changes any docum^^^^ from which absolution cannot be given until the »^K ^^ *^® episcopal curia (can. 2405) ; this is a new culprit formally retracts the charge, makes all the ^5S*''®p ... j ^ ^. »•

reparation possible, and accepts a severe penance. ^S^^^i^u!^?'^'^l^^^^'^J^ ^^^ ordmarv

Vrr n • -• • t J j n are mcurred by: (a) Catholics who, even when a

m-^Ezcommuntcattan mnply reserved to the Catholic service has preceded or is to f oUow, renew

pove is mcurred^: (a) Those who traffic mm- ^^ give their matrimonial consent peraonally or by

diligences (can. 2327); formerly traffickers m other p^oxy before a non-Catholic minister, unlei when

spuntu^ favors besides mdulgences were similarly fo, the procuring of merely civil effects in accord-

'^^v ^ L • • xi_ -n_ xt. *°^ ^*h the civil law they go before him purely

(b) Those who jom the ^ IVeemasons or other as a civil registrar; or who marry with an explicit associations of the same kmd that plot against or implicit agreement to educate any or all of the 155.9*^"^^ ^^ ^¥ ^^^^^^ c\vil authorities (can. children outside the Catholic Church; or who know- 2335); the penalty was formerly directed also ex- ingly presume to ofifer their children to non-Catholic preaaly against all who countenanced these sects m ministers for baptism; or parents or guardians who any way and all who did not inform against the knowingly hand over their children to be educated seCTet chiefs or leaders. or instructed in a non-Catholic religion (can. 2319).

(c) Those who presume to absolve from excom- Some of these parties may, through stubbornness municationa specially or very specially reserved to in their evil conduct, become suspected of heresy the Holy See without having the requisite faculty and so ultimately incur excommunication specially (can. 2338). reserved to the pope (see above, II fa]).

^ (d) Those who help or favor anyone in connec- (b) Those who manufacture or who knowingly tion with a crime for which he was declared an sell, distribute or expose false relics for public excommunicate vitandtu, and all clerics who know- veneration (can. 2326) ; this is a new censure.