Of Those Who Can Excommunicate or Be Excommunicated

Of Those Who Can Excommunicate or Be Excommunicated — St. Thomas Aquinas asks: Whether every priest can excommunicate?; Whether those who are not priests can excommunicate?; Whether a man who is excommunicated or suspended can excommunicate another?; Whether a man can excommunicate himself, his equal, or his superior?; Whether a sentence of excommunication can be passed on a body of men?; Whether a man can be excommunicated who is already under sentence of excommunication?.

We must now consider those who can excommunicate or be excommunicated. Under this head there are six points of inquiry:

Article 1: Whether every priest can excommunicate?

Matters fraught with danger should be left to the decision of superiors. Now the punishment of excommunication is fraught with many dangers, unless it be inflicted with moderation. Therefore it should not be entrusted to every priest.

In the tribunal of conscience the plea is between man and God, whereas in the outward tribunal it is between man and man. Wherefore the loosing or binding of one man in relation to God alone, belongs to the tribunal of Penance, whereas the binding or loosing of a man in relation to other men, belongs to the public tribunal of external judgment. And since excommunication severs a man from the communion of the faithful, it belongs to the external tribunal. Consequently those alone can excommunicate who have jurisdiction in the judicial tribunal. Hence, of their own authority, only bishops and higher prelates, according to the more common opinion can excommunicate, whereas parish priests can do so only by commission or in certain cases, as those of theft, rapine and the like, in which the law allows them to excommunicate. Others, however, have maintained that even parish priests can excommunicate: but the former opinion is more reasonable.

Article 2: Whether those who are not priests can excommunicate?

Archdeacons, legates and bishops-elect excommunicate, and yet sometimes they are not priests. Therefore not only priests can excommunicate.

Priests alone are competent to dispense the sacraments wherein grace is given: wherefore they alone can loose and bind in the tribunal of Penance. On the other hand excommunication regards grace, not directly but consequently, in so far as it deprives a man of the Church's prayers, by which he is disposed for grace or preserved therein. Consequently even those who are not priests, provided they have jurisdiction in a contentious court, can excommunicate.

Article 3: Whether a man who is excommunicated or suspended can excommunicate another?

one whose body is bound cannot bind another. But spiritual gyves are stronger than bodily fetters. Therefore one who is excommunicated cannot excommunicate another, since excommunication is a spiritual chain.

Jurisdiction can only be used in relation to another man. Consequently, since every excommunicated person is severed from the communion of the faithful, he is deprived of the use of jurisdiction. And as excommunication requires jurisdiction, an excommunicated person cannot excommunicate, and the same reason applies to one who is suspended from jurisdiction. For if he be suspended from orders only, then he cannot exercise his order, but he can use his jurisdiction, while, on the other hand, if he be suspended from jurisdiction and not from orders. he cannot use his jurisdiction, though he can exercise his order: and if he be suspended from both, he can exercise neither.

Article 4: Whether a man can excommunicate himself, his equal, or his superior?

Excommunication is an act of jurisdiction. But no man has jurisdiction over himself (since one cannot be both judge and defendant in the same trial), or over his superior, or over an equal. Therefore a man cannot excommunicate his superior, or his equal, or himself.

Since, by jurisdiction, a man is placed above those over whom he has jurisdiction, through being their judge, it follows that no man has jurisdiction over himself, his superior, or his equal, and that, consequently, no one can excommunicate either himself, or his superior, or his equal.

Article 5: Whether a sentence of excommunication can be passed on a body of men?

A gloss of Augustine [*Cf. Ep. ccl] on Mat. 12 asserts that the sovereign and a body of people cannot be excommunicated.

No man should be excommunicated except for a mortal sin. Now sin consists in an act: and acts do not belong to communities, but, generally speaking, to individuals. Wherefore individual members of a community can be excommunicated, but not the community itself. And although sometimes an act belongs to a whole multitude, as when many draw a boat, which none of them could draw by himself, yet it is not probable that a community would so wholly consent to evil that there would be no dissentients. Now God, Who judges all the earth, does not condemn the just with the wicked (Gn. 18:25). Therefore the Church, who should imitate the judgments of God, prudently decided that a community should not be excommunicated, lest the wheat be uprooted together with the tares and cockle.

The Reply to the First Objection is evident from what has been said.

Article 6: Whether a man can be excommunicated who is already under sentence of excommunication?

Excommunication is a punishment and a healing medicine. Now punishments and medicines are repeated when necessary. Therefore excommunication can be repeated.

A man who is under sentence of one excommunication, can be excommunicated again, either by a repetition of the same excommunication, for his greater confusion, so that he may renounce sin, or for some other cause. And then there are as many principal excommunications, as there are causes for his being excommunicated.