Thank you for the information Father. Are you aware of any other Saints who have been excommunicated?
I’m also slightly confused by the wording you used. You said a Pope must approve the excommunication performed by a Bishop. In St. Joan of Arc’s case, the Pope didnt do what he “must” do. Do you mean the bishop’s excommunication REQUIRES the Pope’s discretionary approval?
Finally, what about excommunications that someone incurs on their own by their actions, as opposed to one decreed by a Bishop? I know in the past having an abortion or becoming a Mason carried an automatic excommunication.
How would judge the validity of such an excommunication?
Pax
A bishop can excommunicate, but the decree has to be ratified by the pope. In Joan’s case, the pope did not ratify the decree, because the Franciscans proved that there were no legal, moral or canonical cause for the excommunication.
It was not a failure of the pope. It was that the bishop did not have a case that he could make stick.
When a person is excommunicated by their own actions, such as knowingly participating in an abortion, that’s a latae sententiae excommunication. This is an excommunication that has been approved by the pope prior to the crime. The pope does not need to do anything. He has already approved it. For the excommunication to take effect you must meet two conditions. You must be Catholic and you must know that there is a penalty of excommunication. You can’t separate someone who is already separated from the Church. You can’t separate someone who does not know the law. Canon Law is not like civil law. In Canon Law, ignorance of the law mitigates the punishment.
That’s why the Archbishop excommunicated himself. The law was in place. He knew the law and he knew the consequences of breaking the law. In addition, he was sent a letter from the Holy See that this would happen. The letter was not necessary, but they sent it anyway. My guess is that they hoped that this would rattle him enough that he would back down on the idea of the ordinations. Obviously, that went over well.
He cannot be canonized, because you cannot canonize someone who dies excommunicated. This is very interesting. This does not mean that the person is not in heaven. The Church cannot say who is not in heaven. The Church can only way who is in heaven.
This simply means that the person appeared to die outside of the Church. Again, it’s an objective judgment. No one knows what he said to his confessor and no one will ever know. Nor does anyone know what happened between the soul and God at the moment of death.
The Church can only work with what she knows. What does she know? She knows that the Archbishop was excommunicated and that he died before the excommunication was lifted.
There are people who believe that the excommunication was invalid. At the end of the day, what people believe does not matter to God or to the Church. What matters to God and to the Church is what the Church binds and unbinds. That’s my reason for never speculating on whether an excommunication is or is not valid. The pope cares about my opinion as much as he cares for Adolf Hitler. He gets paid to care for my soul, not my opinion. We need to remember this.
In addition, there are no rules that govern popes. As I have said, popes can and have excommunicated people for things that seem silly to us. These have stuck. No pope ever retracts them once the person is dead. If the pope had excommunicated the Archbishop for ordaining four bishops and the archbishop had in fact not ordained anyone then the excommunication would not apply. The terms for the excommunication were very clear. A bishop cannot ordain other bishops without a papal mandate.
The issue of “Canon Law says this . . .” can be waved away by a pope. He is the Living Law as the Fathers of the Church said. He is not bound by Canon Law.
Since the purpose of an excommunication is medicinal, it makes not sense to apply medicine or claim to retract medicine when the patient is dead. The most we can say is that the medicine did not work and we commend the soul of the diseased to the mercy of God.
Fraternally,
Br. JR, OSF
