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 CENSURES

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CENSURES

i. e. baptized persons. Moreover, being punishments, they can only be inflicted on the subjects of the supe- rior inflicting the censure; such subjection may arise from domicile, quasi-domicile, or by reason of the crime committed (ratione delicti). Pilgrims violating a particular law are not subject to censure, but if they transgress the common law with a censure ferendae sententice attached, the latter can be inflicted on them by the local bishop. Cardinals and bishops are not subject to censures a jure (except excommunication) unless in the law express mention be made of them. Kings and sovereigns cannot be censured by bishops, nor can communities or chapters be excommunicated by them. However, a community can suffer interdict and suspension, only in that case it would not be a censure, properly speaking, but rather a penal priva- tion; ceasing to be a member of the community one would cease to undergo the penalty.

Absolution from Censures. — AH canonists agree in this, that a censure once incurred can only be taken away by absolution. Although censures are medic- inal punishments and are destined to overcome con- tumacy, they do not cease at once upon repentance. As the sentence was a judicial act, so there is required a judicial absolution, lawfully given when there is amendment. Not even the death of the censured party, if excommunicated or interdicted, would re- move the censure, because even in this case there would still remain some of the effects of the censure, e. g. the privation of Christian burial. The only case in which formal absolution would not be required is when a censure is inflicted W'ith a conditio resolutiva, e. g. suspension pending the performance of a certain hi When ^u^f >■ usion or interdict are inflicted as vindictive punishments, not being censures properly so called, they may cease, not by absolution, but by lapse of the time for which they were inflicted. Cen- themselves, i. e. not yet incurred, cease by the abrogation of the law to which they were annexed, by revocation, or (usually) by the death of the superior, if issued ah homine as a particular precept.

Absolution, which is the loosing or relaxation of the penalty by competent authority, is an act of jus- tice and a res javorabilis in censures, and hence cannot be denied to a penitent censured person. It can lie given in two ways: (1) In the forum internum, that is, for the sin and hidden censure. This can be given by any priest having the necessary jurisdiction; can be given in confession or outside of confession, in what is called the forum of conscience (jorum conscientia?). In cither case, however, the formula used is that of the sacramental absolution referring to censures. (2) In the jorum externum absolution can only be given by those vested with the necessary judicial power, i. e. by the one who inflicted the censure, his successor, ili legate, or his superior, e. g. the pope. The formula us il Inn' is either the solemn one or the shorter for- mula, as the occasion demands; both are found in the Roman Ritual. Absolution can either be given ab- solutely or conditionally, i. e. depending on the ful- filment of some condition for its validity. It is also given (id cauteiam (for safety's sake) in all rescripts, Bulls, and Apostolical privileges, lest the effects of the concession be impeded by some hidden censure. Lastly, we have absolution ad reincidentiam; this takes effect immediately, but if the penitent, within a certain time, does not do something prescribed, he at once incurs, ipso jncto, a censure of the same kind as that from which he has just been absolved. lie who takes away the censure can impose the reincidenlia. I" day there is only a reincidentia ab homine, i. e., although sometimes called for and provided for in tin- law, it must be applied ab homine, i. e. by the absolv- ing person (Lega, lib. II, vol. Ill, nos. 130-31).

In regard to the question of the minister of absolu- tion, or as to who can absolve from censures, we have the general principle: "only he can loose who can

bind" (illius est solvere cujus est ligare); in other words, only those can absolve who have the necessary jurisdiction. This jurisdiction is either ordinary or delegated. In cases of censures ab homine, by par- ticular sentence or by way of precept, also in the case of reserved censures a jure, only he who inflicted the censure or his successor, superior, or delegate can ab- solve. Hence a vicar capitular can absolve from the censures passed by the ordinary power of the late bishop, having succeeded to the power held by that prelate. In regard to the power of the superior, the pope as universal superior can always remove the cen- sures inflicted by his inferiors, bishops, etc. An arch- bishop, not being the absolute superior of his suffra- gans, but only in certain things, can remove censures imposed by his suffragans only when on visitation or in case of appeal. When, however, the superior ab- solves from the censure imposed by an inferior, he must in all cases notify the inferior and must demand that the delinquent give him full satisfaction. The extent of the power of a delegated judge to absolve must be clearly stated in his letters.

When censures are passed a jure communi or ab homine by a general sentence, if these censures be not reserved, any approved confessor having jurisdiction to absolve from sin may absolve from them both in the external and the internal forum, the absolution in the one forum being valid for the other, except when the censure has been carried to the forum con- lentiosum, i. e. is already in litigation before a court, in which case the absolution of the internal forum would not hold for the external. A priest not ap- proved or not having jurisdiction to hear confessions cannot absolve from censures, even if not reserved, except in danger of death. Lastly, when censures are reserved a jure no one can absolve except the one to whom they are reserved, or his superior, successor, or delegate. Censures which are reserved to the pope are either simply reserved or reserved in a special manner. In relation to the former, the Council of Trent (Sess. XXIV, c. vi, De ref.) formulated the common law according to which a bishop or one dele- gated by him can absolve, in foro conscientice and in his own diocese, his subjects from these censures when the crime is occult and not notorious, or when it has not been brought before a judicial tribunal. By bishops are here meant also abbots having ecclesias- tical territory, vicars capitular, and others having episcopal jurisdiction; not, however, vicars-general by virtue of their general commission, nor regular prelates. The subjects for whom these faculties may be used are those who live in the bishop's diocese, or outsiders who come to confession in his diocese, these being his subjects in view of the absolution to be im- parted. Such absolution, however, cannot be given in joro externa, but is limited to the forum i. e. to the domain of conscience. If censures are re- served to the Roman pontiff in a special manner, a bishop by his ordinary power cannot absolve, except in case of necessity. Special concessions for these cases are, however, given to the bishops by the Holy See for a certain time, or for the life of the bishop, or for a certain number of cases, ('ensures which are

reserved by pontifical Ian to bishops or ordinaries can be absolved by all bishops, abbots, \ icars capitu- lar and vicars-general, in any forum, and even in no- torious cases. At the point of death • articulo mortis) any priest, even if not approved, can absolve

from all censures, even if reserved. Not only the

number and character of censures, but also all abso- lution from them is now regularly governed by the provision of the afon lid papal Constitution (Pius IX. 1869), "Apostolieae Sedis Moderationi". For serious changes in the method of absolution (in cases of necessity from papal censures, owing to the decree of S. Cong. Inquis. (23 June, 1886) and later interpre- tations, see Tanquerey, Synop. Th. (for., Ill (II),