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Excommunication in the Catholic Church

In the canon law of the Catholic Church, excommunication is a form of censure. In the formal sense of the term, excommunication includes being barred not only from the sacraments but also from the fellowship of Christian baptism. 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 is considered by Catholic ecclesiastical authority as an exile from the Church, for a time at least.

General concepts
In Latin Catholic canon law, excommunication is a rarely applied censure; it is a "medicinal penalty" intended to invite the person to change behaviour or attitude, repent, and return to full communion. 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's papal bull (May 16, 1520) condemned in its 23rd proposition the view that "excommunications are merely external punishments, nor do they deprive a man of the common spiritual prayers of the Church". Pope Pius VI in (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 and affecting souls. == Types of excommunication ==
Types of excommunication
The terminology used to qualify the modalities of excommunication may vary depending on the author. The 1913 Catholic Encyclopedia distinguishes excommunication from the refusal of ecclesiastical communion, in which one bishop refuses to worship in common with another. Total or partial Salaverri and Nicolau note: Perfect excommunication An excommunication perfect or a perfect excommunication, is defined as follows: 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 held the opinion that the person excommunicated is still considered Catholic and still has all the duties of that relationship, including going to Mass and the like. These persons are, however, to refrain from receiving Communion. Bishop Thomas Paprocki holds a similar view as that of Krupp and Peters. However, this opinion is at odds with the Ecumenical Council of Council of Trent, which decree, according to the orthodox Catholic understanding, is considered infallible: "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". ==History==
History
The Catholic Church claims that the penalty of excommunication is biblical and that both Paul of Tarsus and John the Apostle make reference to the practice of cutting people off from the community, in order to hasten their repentance. The Catholic Encyclopedia 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. 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." '' (1875) by Jean-Paul Laurens. Robert was able to get his excommunication reversed following the election of the next pope. Those under excommunication were to be shunned. Pope Gregory VII 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 held a synod 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 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 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 were authorized to submit a writ to have the individual imprisoned. On the other hand, the bishops held temporalities 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 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 for his wars against France. From the middle of the fifteenth century, dueling over questions of honor increased so greatly, that in 1551 the Council of Trent 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 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 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 as Archbishop of Canterbury, he seized the lands of the archbishopric and other papal possessions. Pope Innocent III first sent a commission to negotiate with the king, and when that failed, place the kingdom under interdict. 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, Bishop of Lincoln, excommunicated all those persons of Newport Pagnell 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: In the 19th century, there are four more excommunications latæ sententiæ which were declared after the publication of Apostolicae Sedis moderationi: Reforms of John Paul II The 1983 Code of Canon Law entered into force in 1983. The Code of Canons of the Eastern Churches entered into force in 1991. ==Excommunicable offenses==
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, 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. • A bishop 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 (can. 1398) • Accomplices who were needed to commit an action that has an automatic excommunication penalty (can. 1329) ==Those who can excommunicate==
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==
Those who can be excommunicated
No one can be subject to ecclesiastical censure unless they are baptized, delinquent, and contumacious. Baptism confers initial jurisdiction, 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, Muslims, Jews, 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 §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==
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. 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 is important to note that an excommunicated person is prohibited from receiving the sacraments, but if he receives them in violation of the law, the sacraments are valid. If for any reason the absolution from the censure is invalid, or is not given at all, nevertheless, provided the penitent is rightly disposed, his sins will always be forgiven in the sacrament of confession. Those who can absolve from excommunication The answer is given in the customary rules of jurisdiction. The right to absolve belongs to him who can excommunicate and who has imposed the law, moreover to any person delegated by him to this effect, since this power, being jurisdictional, can be delegated. First, we must distinguish between excommunication ab homine, which is judicial, and excommunication a jure, i.e. latae sententiae. For the former, absolution is given by the judge who inflicted the penalty (or by his successor), in other words by the pope, or the bishop (ordinary), also by the superior of said judge when acting as judge of appeal. ==Absolution reserved to the Apostolic See today==
Absolution reserved to the Apostolic See today
The 1983 Code of Canon Law, as amended in 2021 by Pascite gregem Dei, states: • "A person who uses physical force against the Roman Pontiff incurs a latae sententiae excommunication reserved to the Apostolic See; if the offender is a cleric, another penalty, not excluding dismissal from the clerical state, may be added according to the gravity of the crime." (can. 1370) • "Both a person who attempts to confer a sacred order on a woman, and the woman who attempts to receive the sacred order, incur a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished by dismissal from the clerical state." (can. 1379) • "One who throws away the consecrated species or, for a sacrilegious purpose, takes them away or keeps them, incurs a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished with some other penalty, not excluding dismissal from the clerical state." (can. 1382) • "A priest who acts against the prescription of can. 977 incurs a latae sententiae excommunication reserved to the Apostolic See." (can. 1384) Canon 977 states that the absolution of an accomplice in a sin against the sixth commandment of the Decalogue is invalid except in danger of death; i.e., if a priest commits a sexual sin with someone, he cannot then absolve that person of the sin. • "A confessor who directly violates the sacramental seal incurs a latae sententiae excommunication reserved to the Apostolic See; he who does so only indirectly is to be punished according to the gravity of the offence." (can. 1386) Originally, their mandate was to expire at the close of the Holy Year, but the Pope extended it, permitting them to continue hearing confessions freely in every diocese throughout the world and lifting censures that normally require the permission of the pope. ==Latin Church==
Latin Church
Excommunication in the Latin Church is governed by the 1983 Code of Canon Law (). The 1983 code specifies various sins which carry the penalty of automatic excommunication: apostasy, heresy, schism (1983 CIC 1364:1), violating the sacred species (can. 1367), physically attacking the Pope (can. 1370:1), sacramentally absolving an accomplice in a sexual sin (CIC 1378:1), consecrating a bishop without authorization (can. 1382), directly violating the seal of confession (can. 1388:1), and someone who actually procures an abortion. A priest who grants absolution of an accomplice in a sin against the sixth commandment of the Decalogue incurs a latae sententiae excommunication reserved to the Apostolic See. The severance from the Church as an effect of excommunication is a matter of controversy in modern times, though this was not always so; excommunication vitandi was clearly supposed to have the effect of removal of the Christian from the body of the Church. Moreover, the very word "excommunication" by its etymological meaning seems to indicate that it does indeed remove the Christian from the Church. But, others, such as Bishop Thomas J. Paprocki, suppose it does not: "excommunication does not expel the person from the Catholic Church, but simply forbids the excommunicated person from engaging in certain activities". At any rate, it is clear that the excommunicated remains a Christian in the sense that he retains his baptism, but at the same time is estranged from the Church, and in this sense "is cast outside of it". If the excommunication is, in the formal legal sense, publicly known—that is, in case of both a "declared" latae sententia excommunication (judged upon by the responsible Church court) and in any ferendae sententia excommunication (always imposed by the Church court), any acts of ecclesiastical governance by the excommunicated person are not only illicit but also invalid. Under current Catholic canon law, excommunicates remain bound by ecclesiastical obligations such as attending Mass, even though they are barred from receiving the Eucharist and from taking an active part in the liturgy (reading, bringing the offerings, etc.). "Excommunicates lose rights, such as the right to the sacraments, but they are still bound to the obligations of the law; their rights are restored when they are reconciled through the remission of the penalty." These are the only effects for those who have incurred a latae sententiae excommunication. For instance, a priest may not refuse Holy Communion publicly to those who are under an automatic excommunication, as long as it has not been officially declared to have been incurred by them, even if the priest knows that they have incurred it. Effects of excommunication An excommunicated person is forbidden to engage in certain activities enumerated in canon 1331 §1 of the 1983 Code of Canon Law. These precluded activities include any ministerial participation in celebrating the sacrifice of the Eucharist or any other ceremonies of worship whatsoever; the celebration and reception of the sacraments; and the exercise of any ecclesiastical offices, ministries, or functions. The individual, furthermore, cannot validly acquire a dignity, office, or other function in the Church; may not appropriate the benefits of a dignity, office, any function, or pension, which the offender has in the Church; and is forbidden to benefit from privileges previously granted. Salaverri and Nicolau state that "the internal supernatural goods, such as sanctifying grace and the infused virtues, are not taken away by the censure [excommunication] itself". For example, a member of the clergy might be ordered to live in a particular monastery for a period of time, or even the rest of his life, a punishment comparable to house arrest. Access to electronic devices may also be restricted for persons sentenced to a life of prayer and penance. Reforms in 1983 One reform in the 1983 code was that non-Catholic Christians are not assumed to be culpable for not being Roman Catholic, and are not discussed or treated as excommunicated Catholics guilty of heresy or schism. Another reform in 1983 was a list of extenuating circumstances in canon 1324 which could prevent excommunication or lessen other punishments. ==Eastern Catholic Churches==
Eastern Catholic Churches
Those on whom minor excommunication has been imposed are excluded from receiving the Eucharist and can also be excluded from participating in the Divine Liturgy. They can even be excluded from entering a church when divine worship is being celebrated there. The decree of excommunication must indicate the precise effect of the excommunication and, if required, its duration. Those under major excommunication are in addition forbidden to receive not only the Eucharist but also the other sacraments, to administer sacraments or sacramentals, to exercise any ecclesiastical offices, ministries, or functions whatsoever, and any such exercise by them is null and void. They are to be removed from participation in the Divine Liturgy and any public celebrations of divine worship. They are forbidden to make use of any privileges granted to them and cannot be given any dignity, office, ministry, or function in the Church, they cannot receive any pension or emoluments associated with these dignities etc., and they are deprived of the right to vote or to be elected. ==See also==
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