Who can lift latae sententiae excommunication?

[SalesianSDB]

I thought I knew the answer to this but it seems, given recent events, that I may be wrong…

Let’s say an adult Catholic in the U.S. is baptized in another church (one not recognized as Christian). It’s my understanding that that person is automatically excommunicated. If that person wants to return to full communion with the Church, I always thought all they had to do was go to confession.

Is this true or do they need to go to their bishop to lift the excommunication?

 

[dans0622]

I thought I knew the answer to this but it seems, given recent events, that I may be wrong…

Let’s say an adult Catholic in the U.S. is baptized in another church (one not recognized as Christian). It’s my understanding that that person is automatically excommunicated. If that person wants to return to full communion with the Church, I always thought all they had to do was go to confession.

Is this true or do they need to go to their bishop to lift the excommunication?

Hello,

Operating under the assumption that an excommunication actually occurred “automatically” because of heresy/apostasy/schism (which, it must be noted, might not be a correct assumption)…:

–the person could go to confession and have any priest (“in good standing”) remit the penalty and then administer absolution. The priest tells the penitent to return to the confessional at such and such a time for further instructions. The priest then has recourse to a local ordinary (diocesan bishop, vicar general, episcopal vicar) to inform him of what happened and receive instructions. He relays those instructions to the penitent at their planned meeting. This all happens anonymously. (see c. 1357)

–the person could go to a local ordinary (defined above) and have the excommunication remitted and be absolved. That’s the end of the matter. (see c. 1355.2). The penalty can be remitted outside of confession by these people, too.

–the person can go to any bishop, in confession, and have the matter resolved on the spot. (see c. 1355.2)

So, no, they can’t just “go to confession” (meaning, just go and be absolved with no action being done regarding the excommunication) and no, not only the bishop can resolve the situation.

Dan

 

[SalesianSDB]

Hello,

Operating under the assumption that an excommunication actually occurred “automatically” because of heresy/apostasy/schism (which, it must be noted, might not be a correct assumption)…:

Then how can one know for sure they were excommunicated automatically if joining a non-Christian church is not automatic grounds?

 

[Brendan]

Then how can one know for sure they were excommunicated automatically if joining a non-Christian church is not automatic grounds?

The term ‘automatic’ is a misnomer. Such an excommunication does not automatically apply, it just means that if the conditions of the excommunication are met, then there is no requirement for the local Ordinary to declare it to be so.

Part of the criteria for a latae sententiae excommunication involve that the person has knowledge that there is a canonical penalty for the action.

That is what the priest will help determine. Did the person know of the canonical penalty of excommunication at the time of the attempted baptism. If not, there is no penalty and therefore nothing to remove. A simple absolution will suffice.

 

[Windmill]

There are also excommunications whose penalties can only be lifted by Rome. For example:

Can. 1367 A person who throws away the consecrated species or takes or retains them for a sacrilegious purpose incurs a latae sententiae excommunication reserved to the Apostolic See

 

[Usige]

Part of the criteria for a latae sententiae excommunication involve that the person has knowledge that there is a canonical penalty for the action.

And given the above I would expect there are very few latae sententiae excommunications precisely because very few people actually know what actions incur said penalty. In essence I would expect only those who have been forewarned and continued in the behavior would incur this penalty. For instance a theologian that was told that they taught heresy and could be excommunicated, but continued to teach the same things.

I have never seen a confirmation or RE class tell kids that if they leave the faith they would incur excommunication. It is arguable that there are certain acts that everyone should know incurs excommunication, but I am often surprised how little people know about the faith. I guess there are certain people that are assumed to know the penalties (i.e. Bishops that attempt to ordain women), but they would be in the minority.

 

[Gorgias]

The term ‘automatic’ is a misnomer. Such an excommunication does not automatically apply, it just means that if the conditions of the excommunication are met, then there is no requirement for the local Ordinary to declare it to be so.

Actually, it’s not a misnomer: if there are no exceptions, it applies automatically. It just doesn’t mean that it applies in all cases.

However, your point is taken: in colloquial contemporary usage, ‘automatically’ does take on the additional connotation of “always and every time”.

 

[SalesianSDB]

If a person wants this lifted, should they contact the diocese offices or is finding a priest (even one they do not know) enough?

 

[dans0622]

If a person wants this lifted, should they contact the diocese offices or is finding a priest (even one they do not know) enough?

It depends, I suppose, on what the person is comfortable with. “Finding a priest” can be enough, as long as everything is laid out before him in confession. If there is a “canon penitentiary” in the diocese, that priest is the one to consult.

Dan