Whether the priest can bind and loose according to his own judgment?

Objection 1. It seems that the priest can bind and loose according to his own judgment. For Jerome [Cf. Can. 86, Mensuram, De Poenit. Dist. i] says: "The canons do not fix the length of time for doing penance so precisely as to say how each sin is to be amended, but leave the decision of this matter to the judgment of a discreet priest." Therefore it seems that he can bind and loose according to his own judgment.

Objection 2. Further, "The Lord commended the unjust steward, forasmuch as he had done wisely" (Luke 16:5), because he had allowed a liberal discount to his master's debtors. But God is more inclined to mercy than any temporal lord. Therefore it seems that the more punishment the priest remits, the more he is to be commended.

Objection 3. Further, Christ's every action is our instruction. Now on some sinners He imposed no punishment, but only amendment of life, as in the case of the adulterous woman (John 8). Therefore it seems that the priest also, who is the vicar of Christ, can, according to his own judgment, remit the punishment, either wholly or in part.

On the contrary, Gregory VII [Cf. Act. Concil. Rom. v, Can. 5 says: "We declare it a mock penance if it is not imposed according to the authority of the holy fathers in proportion to the sin." Therefore it seems that it does not altogether depend on the priest's judgment.

Further, the act of the keys requires discretion. Now if the priest could remit and impose as much as he liked of a penance, he would have no need of discretion, because there would be no room for indiscretion. Therefore it does not altogether depend on the priest's judgment.

I answer that, In using the keys, the priest acts as the instrument and minister of God. Now no instrument can have an efficacious act, except in so far as it is moved by the principal agent. Wherefore, Dionysius says (Hier. Eccl. cap. ult.) that "priests should use their hierarchical powers, according as they are moved by God." A sign of this is that before the power of the keys was conferred on Peter (Matthew 16:19) mention is made of the revelation vouchsafed to him of the Godhead; and the gift of the Holy Ghost, whereby "the sons of God are led" (Romans 8:14), is mentioned before power was given to the apostles to forgive sins. Consequently if anyone were to presume to use his power against that Divine motion, he would not realize the effect, as Dionysius states (Hier. Eccl., cap. ult.), and, besides, he would be turned away from the Divine order, and consequently would be guilty of a sin. Moreover, since satisfactory punishments are medicinal, just as the medicines prescribed by the medical art are not suitable to all, but have to be changed according to the judgment of a medical man, who follows not his own will, but his medical science, so the satisfactory punishments appointed by the canons are not suitable to all, but have to be varied according to the judgment of the priest guided by the Divine instinct. Therefore just as sometimes the physician prudently refrains from giving a medicine sufficiently efficacious to heal the disease, lest a greater danger should arise on account of the weakness of nature so the priest, moved by Divine instinct, some times refrains from enjoining the entire punishment due to one sin, lest by the severity of the punishment, the sick man come to despair and turn away altogether from repentance.

Reply to Objection 1. This judgment should be guided entirely by the Divine instinct.

Reply to Objection 2. The steward is commended also for having done wisely. Therefore in the remission of the due punishment, there is need for discretion.

Reply to Objection 3. Christ had the power of "excellence" in the sacraments, so that, by His own authority, He could remit the punishment wholly or in part, just as He chose. Therefore there is no comparison between Him and those who act merely as ministers.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether the priest of the Law had the keys?

Objection 1. It would seem that the priests of the Law had the keys. For the possession of the keys results from having orders. But they had orders since they were called priests. Therefore the priests of the Law had the keys.

Objection 2. Further, as the Master states (Sent. iv, D, 18), there are two keys, knowledge of discretion, and power of judgment. But the priests of the Law had authority for both of these: therefore they had the keys.

Objection 3. Further, the priests of the Law had some power over the rest of the people, which power was not temporal, else the kingly power would not have differed from the priestly power. Therefore it was a spiritual power; and this is the key. Therefore they had the key.

On the contrary, The keys are ordained to the opening of the heavenly kingdom, which could not be opened before Christ's Passion. Therefore the priest of the Law had not the keys. Further, the sacraments of the old Law did not confer grace. Now the gate of the heavenly kingdom could not be opened except by means of grace. Therefore it could not be opened by means of those sacraments, so that the priests who administered them, had not the keys of the heavenly kingdom.

I answer that, Some have held that, under the Old Law, the keys of the kingdom were in the hands of the priests, because the right of imposing punishment for sin was conferred on them, as related in Leviticus 5, which right seems to belong to the keys; but that these keys were incomplete then, whereas now they are complete as bestowed by Christ on the priests of the New Law.

But this seems to be contrary to the intent of the Apostle in the Epistle to the Hebrews (Hebrews 9:11-12). For there the priesthood of Christ is given the preference over the priesthood of the Law, inasmuch as Christ came, "a high priest of the good things to come," and brought us "by His own blood" into a tabernacle not made with hand, whither the priesthood of the Old Law brought men "by the blood of goats and of oxen." Hence it is clear that the power of that priesthood did not reach to heavenly things but to the shadow of heavenly things: and so, we must say with others that they had not the keys, but that the keys were foreshadowed in them.

Reply to Objection 1. The keys of the kingdom go with the priesthood whereby man is brought into the heavenly kingdom, but such was not the priesthood of Levi; hence it had the keys, not of heaven, but of an earthly tabernacle.

Reply to Objection 2. The priests of the Old Law had authority to discern and judge, but not to admit those they judged into heaven, but only into the shadow of heavenly things.

Reply to Objection 3. They had no spiritual power, since, by the sacraments of the Law, they cleansed men not from their sins but from irregularities, so that those who were cleansed by them could enter into a tabernacle which was "made with hand."


Whether Christ had the key?

Objection 1. It would seem that Christ did not have the key. For the key goes with the character of order. But Christ did not have a character. Therefore He had not the key.

Objection 2. Further, Christ had power of "excellence" in the sacraments, so that He could produce the sacramental effect without the sacramental rite. Now the key is something sacramental. Therefore He needed no key, and it would have been useless to Him to have it.

On the contrary, It is written (Apocalypse 3:7): "These things saith . . . He that hath the key of David," etc.

I answer that, The power to do a thing is both in the instrument and in the principal agent, but not in the same way since it is more perfectly in the latter. Now the power of the keys which we have, like other sacramental powers, is instrumental: whereas it is in Christ as principal agent in the matter of our salvation, by authority, if we consider Him as God, by merit, if we consider Him as man [For St. Thomas' later teaching on this point, Cf. III:48:6; I-II:112:1, ad 1. But the very notion of a key expresses a power to open and shut, whether this be done by the principal agent or by an instrument. Consequently we must admit that Christ had the key, but in a higher way than His ministers, wherefore He is said to have the key of "excellence."

Reply to Objection 1. A character implies the notion of something derived from another, hence the power of the keys which we receive from Christ results from the character whereby we are conformed to Christ, whereas in Christ it results not from a character, but from the principal form.

Reply to Objection 2. The key, which Christ had was not sacramental, but the origin of the sacramental key.


Whether priests alone have the keys?

Objection 1. It would seem that not only priests have the keys. For Isidore says (Etym. vii, 12) that the "doorkeepers have to tell the good from the bad, so as to admit the good and keep out the bad." Now this is the definition of the keys, as appears from what has been said (Supplement:17:2. Therefore not only priests but even doorkeepers have the keys.

Objection 2. Further, the keys are conferred on priests when by being anointed they receive power from God. But kings of Christian peoples also receive power from God and are consecrated by being anointed. Therefore not only priests have the keys.

Objection 3. Further, the priesthood is an order belonging to an individual person. But sometimes a number of people together seem to have the key, because certain Chapters can pass a sentence of excommunication, which pertains to the power of the keys. Therefore not only priests have the key.

Objection 4. Further, a woman is not capable of receiving the priesthood, since she is not competent to teach, according to the Apostle (1 Corinthians 14:34). But some women (abbesses, for instance, who exercise a spiritual power over their subjects), seem to have the keys. Therefore not only priests have the keys.

On the contrary, Ambrose says (De Poenit. i): "This right," viz. of binding and loosing, "is granted to priests alone."

Further, by receiving the power of the keys, a man is set up between the people and God. But this belongs to the priest alone, who is "ordained . . . in the things that appertain to God, that he may offer up gifts and sacrifices for sins" (Hebrews 5:1). Therefore only priests have the keys.

I answer that, There are two kinds of key. One reaches to heaven itself directly, by remitting sin and thus removing the obstacles to the entrance into heaven; and this is called the key of "order." Priests alone have this key, because they alone are ordained for the people in the things which appertain to God directly. The other key reaches to heaven, not directly but through the medium of the Church Militant. By this key a man goes to heaven, since, by its means, a man is shut out from or admitted to the fellowship of the Church Militant, by excommunication or absolution. This is called the key of "jurisdiction" in the external court, wherefore even those who are not priests can have this key, e.g. archdeacons, bishops elect, and others who can excommunicate. But it is not properly called a key of heaven, but a disposition thereto.

Reply to Objection 1. The doorkeepers have the key for taking care of those things which are contained in a material temple, and they have to judge whether a person should be excluded from or admitted to that temple; which judgment they pronounce, not by their own authority, but in pursuance to the priest's judgment, so that they appear to be the administrators of the priestly power.

Reply to Objection 2. Kings have no power in spiritual matters, so that they do not receive the key of the heavenly kingdom. Their power is confined to temporal matters, and this too can only come to them from God, as appears from Romans 13:1. Nor are they consecrated by the unction of a sacred order: their anointing is merely a sign that the excellence of their power comes down to them from Christ, and that, under Christ, they reign over the Christian people.

Reply to Objection 3. Just as in civil matters the whole power is sometimes vested in a judge, as in a kingdom, whereas sometimes it is vested in many exercising various offices but acting together with equal rights (Ethic. viii, 10,11), so too, spiritual jurisdiction may be exercised both by one alone, e.g. a bishop, and by many together, e.g. by a Chapter, and thus they have the key of jurisdiction, but they have not all together the key of order.

Reply to Objection 4. According to the Apostle (1 Timothy 2:11; Titus 2:5), woman is in a state of subjection: wherefore she can have no spiritual jurisdiction, since the Philosopher also says (Ethic. viii) that it is a corruption of public life when the government comes into the hands of a woman. Consequently a woman has neither the key of order nor the key of jurisdiction. Nevertheless a certain use of the keys is allowed to women, such as the right to correct other women who are under them, on account of the danger that might threaten if men were to dwell under the same roof.


Whether holy men who are not priests have the keys?

Objection 1. It would seem that holy men, even those who are not priests, have the use of the keys. For loosing and binding, which are the effects of the keys, derive their efficacy from the merit of Christ's Passion. Now those are most conformed to Christ's Passion, who follow Christ, suffering by patience and other virtues. Therefore it seems that even if they have not the priestly order, they can bind and loose.

Objection 2. Further, it is written (Hebrews 7:7): "Without all contradiction, that which is less is blessed by the greater [Vulgate: 'better']." Now "in spiritual matters," according to Augustine (De Trin. vi, 8), "to be better is to be greater." Therefore those who are better, i.e. who have more charity, can bless others by absolving them. Hence the same conclusion follows.

On the contrary, "Action belongs to that which has the power," as the Philosopher says (De Somno et Vigil. i). But the key which is a spiritual power belongs to priests alone. Therefore priests alone are competent to have the use of the keys.

I answer that, There is this difference between a principal and an instrumental agent, that the latter does not produce, in the effect, its own likeness, but the likeness of the principal agent, whereas the principal agent produces its own likeness. Consequently a thing becomes a principal agent through having a form, which it can reproduce in another, whereas an instrumental agent is not constituted thus, but through being applied by the principal agent in order to produce a certain effect. Since therefore in the act of the keys the principal agent by authority is Christ as God, and by merit is Christ as man,* it follows that on account of the very fulness of Divine goodness in Him, and of the perfection of His grace, He is competent to exercise the act of the keys. [For St. Thomas' later teaching on this point, cf. III:48:6; I-II:112:1 ad 1. But another man is not competent to exercise this act as principal agent, since neither can he give another man grace whereby sins are remitted, nor can he merit sufficiently, so that he is nothing more than an instrumental agent. Consequently the recipient of the effect of the keys, is likened, not to the one who uses the keys, but to Christ. Therefore, no matter how much grace a man may have, he cannot produce the effect of the keys, unless he be appointed to that purpose by receiving orders.

Reply to Objection 1. Just as between instrument and effect there is need or likeness, not of a similar form, but of aptitude in the instrument for the effect, so is it as regards the instrument and the principal agent. The former is the likeness between holy men and the suffering Christ, nor does it bestow on them the use of the keys.

Reply to Objection 2. Although a mere man cannot merit grace for another man condignly, yet the merit of one man can co-operate in the salvation of another. Hence there is a twofold blessing. One proceeds from a mere man, as meriting by his own act: this blessing can be conferred by any holy person in whom Christ dwells by His grace, in so far as he excels in goodness the person whom he blesses. The other blessing is when a man blesses, as applying a blessing instrumentally through the merit of Christ, and this requires excellence of order and not of virtue.


Whether wicked priests have the use of the keys?

Objection 1. It would seem that wicked priests have not the use of the keys. For in the passage where the use of the keys is bestowed on the apostles (John 20:22-23), the gift of the Holy Ghost is promised. But wicked men have not the Holy Ghost. Therefore they have not the use of the keys.

Objection 2. Further, no wise king entrusts his enemy with the dispensation of his treasure. Now the use of the keys consists in dispensing the treasure of the King of heaven, Who is Wisdom itself. Therefore the wicked, who are His enemies on account of sin, have not the use of the keys.

Objection 3. Further, Augustine says (De Bapt. v, 21) that God "gives the sacrament of grace even through wicked men, but grace itself only by Himself or through His saints." Hence He forgives sin by Himself, or by those who are members of the Dove. But the remission of sins is the use of the keys. Therefore sinners, who are not "members of the Dove," have not the use of the keys.

Objection 4. Further, the prayer of a wicked priest cannot effect reconciliation, for, as Gregory says (Pastor. i, 11), "if an unacceptable person is sent to intercede, anger is provoked to yet greater severity." But the use of the keys implies a kind of intercession, as appears in the form of absolution. Therefore wicked priests cannot use the keys effectively.

On the contrary, No man can know whether another man is in the state of grace. If, therefore, no one could use the keys in giving absolution unless he were in a state of grace, no one would know that he had been absolved, which would be very unfitting.

Further, the wickedness of the minister cannot void the liberality of his lord. But the priest is no more than a minister. Therefore he cannot by his wickedness take away from us the gift which God has given through him.

I answer that, Just as participation of a form to be induced into an effect does not make a thing to be an instrument, so neither does the loss of that form prevent that thing being used as an instrument. Consequently, since man is merely an instrument in the use of the keys, however much he may through sin be deprived of grace, whereby sins are forgiven, yet he is by no means deprived of the use of the keys.

Reply to Objection 1. The gift of the Holy Ghost is requisite for the use of the keys, not as being indispensable for the purpose, but because it is unbecoming for the user to use them without it, though he that submits to them receives their effect.

Reply to Objection 2. An earthly king can be cheated and deceived in the matter of his treasure, and so he does not entrust his enemy with the dispensation thereof. But the King of heaven cannot be cheated, because all tends to His own glory, even the abuse of the keys by some, for He can make good come out of evil, and produce many good effects through evil men. Hence the comparison fails.

Reply to Objection 3. Augustine speaks of the remission of sins in so far as holy men co-operate therein, not by virtue of the keys, but by merit of congruity. Hence He says that God confers the sacraments even through evil men, and among the other sacraments, absolution which is the use of the keys should be reckoned: but that through "members of the Dove," i.e. holy men, He grants forgiveness of sins, in so far as He remits sins on account of their intercession.

We might also reply that by "members of the Dove" he means all who are not cut off from the Church, for those who receive the sacraments from them, receive grace, whereas those who receive the sacraments from those who are cut off from the Church, do not receive grace, because they sin in so doing, except in the case of Baptism, which, in cases of necessity, may be received even from one who is excommunicate.

Reply to Objection 4. The prayer which the wicked priest proffers on his own account, is not efficacious: but that which he makes as a minister of the Church, is efficacious through the merit of Christ. Yet in both ways the priest's prayer should profit those who are subject to him.


Whether those who are schismatics, heretics, excommunicate, suspended or degraded have the use of the keys?

Objection 1. It would seem that those who are schismatics, heretics, excommunicate, suspended or degraded have the use of the keys. For just as the power of the keys results from orders, so does the power of consecration. But the above cannot lose the use of the power of consecration, since if they do consecrate it is valid, though they sin in doing so. Therefore neither can they lose the use of the keys.

Objection 2. Further, any active spiritual power in one who has the use of his free-will can be exercised by him when he wills. Now the power of the keys remains in the aforesaid, for, since it is only conferred with orders, they would have to be reordained when they return to the Church. Therefore, since it is an active power, they can exercise it when they will.

Objection 3. Further, spiritual grace is hindered by guilt more than by punishment. Now excommunication, suspension and degradation are punishments. Therefore, since a man does not lose the use of the keys on account of guilt, it seems that he does not lose it on account of the aforesaid.

On the contrary, Augustine says (Tract. cxxi in Joan.) that the "charity of the Church forgives sins." Now it is the charity of the Church which unites its members. Since therefore the above are disunited from the Church, it seems that they have not the use of the keys in remitting sins.

Further, no man is absolved from sin by sinning. Now it is a sin for anyone to seek absolution of his sins from the above, for he disobeys the Church in so doing. Therefore he cannot be absolved by them: and so the same conclusion follows.

I answer that, In all the above the power of the keys remains as to its essence, but its use is hindered on account of the lack of matter. For since the use of the keys requires in the user authority over the person on whom they are used, as stated above (Supplement:17:2 ad 2), the proper matter on whom one can exercise the use of the keys is a man under one's authority. And since it is by appointment of the Church that one man has authority over another, so a man may be deprived of his authority over another by his ecclesiastical superiors. Consequently, since the Church deprives heretics, schismatics and the like, by withdrawing their subjects from them either altogether or in some respect, in so far as they are thus deprived, they cannot have the use of the keys.

Reply to Objection 1. The matter of the sacrament of the Eucharist, on which the priest exercises his power, is not a man but wheaten bread, and in Baptism, the matter is simply a man. Wherefore, just as, were a heretic to be without wheaten bread, he could not consecrate, so neither can a prelate absolve if he be deprived of his authority, yet he can baptize and consecrate, albeit to his own damnation.

Reply to Objection 2. The assertion is true, provided matter be not lacking as it is in the case in point.

Reply to Objection 3. Sin, of itself, does not remove matter, as certain punishments do: so that punishment is a hindrance not because it is contrary to the effect, but for the reason stated.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether a priest can use the key which he has, on any man?

Objection 1. It would seem that a priest can use the key which he has, on any man. For the power of the keys was bestowed on priests by Divine authority in the words: "Receive ye the Holy Ghost; whose sins you shall forgive, they are forgiven them" (John 20:22-23). But this was said without any restriction. Therefore he that has the key, can use it on any without restriction.

Objection 2. Further, a material key that opens one lock, opens all locks of the same pattern. Now every sin of every man is the same kind of obstacle against entering into heaven. Therefore if a priest can, by means of the key which he has, absolve one man, he can do the same for all others.

Objection 3. Further, the priesthood of the New Testament is more perfect than that of the Old Testament. But the priest of the Old Testament could use the power which he had of discerning between different kinds of leprosy, with regard to all indiscriminately. Much more therefore can the priest of the Gospel use his power with regard to all.

On the contrary, It is written in the Appendix of Gratian: "It is not lawful for every priest to loose or bind another priest's parishioner." Therefore a priest cannot absolve everybody.

Further, judgment in spiritual matters should be better regulated than in temporal matters. But in temporal matters a judge cannot judge everybody. Therefore, since the use of the keys is a kind of judgment, it is not within the competency of a priest to use his key with regard to everyone.

I answer that, That which has to do with singular matters is not equally in the power of all. Thus, even as besides the general principles of medicine, it is necessary to have physicians, who adapt those general principles to individual patients or diseases, according to their various requirements, so in every kingdom, besides that one who proclaims the universal precepts of law, there is need for others to adapt those precepts to individual cases, according as each case demands. For this reason, in the heavenly hierarchy also, under the Powers who rule indiscriminately, a place is given to the Principalities, who are appointed to individual kingdoms, and to the Angels who are given charge over individual men, as we have explained above (I:113:1; I:113:2). Consequently there should be a like order of authority in the Church Militant, so that an indiscriminate authority over all should be vested in one individual, and that there should be others under him, having distinct authority over various people. Now the use of the keys implies a certain power to exercise authority, whereby the one on whom the keys are used, becomes the proper matter of that act. Therefore he that has power over all indiscriminately, can use the keys on all, whereas those who have received authority over distinct persons, cannot use the keys on everyone, but only on those over whom they are appointed, except in cases of necessity, when the sacraments should be refused to no one.

Reply to Objection 1. A twofold power is required in order to absolve from sins, namely, power of order and power of jurisdiction. The former power is equally in all priests, but not the latter. And therefore, when our Lord (John 20:23) gave all the apostles in general, the power of forgiving sins, this is to be understood of the power which results from receiving orders, wherefore these words are addressed to priests when they are ordained. But to Peter in particular He gave the power of forgiving sins (Matthew 16:19), that we may understand that he has the power of jurisdiction before the others. But the power of orders, considered in itself, extends to all who can be absolved: wherefore our Lord said indeterminately, "Whose sins you shall forgive, they are forgiven them," on the understanding that this power should be used in dependence on the power given to Peter, according to His appointment.

Reply to Objection 2. A material key can open only its own lock. nor can any active force act save on its own matter. Now a man becomes the matter of the power of order by jurisdiction: and consequently no one can use the key in respect of another over whom he has not jurisdiction.

Reply to Objection 3. The people of Israel were one people, and had but one temple, so that there was no need for a distinction in priestly jurisdiction, as there is now in the Church which comprises various peoples and nations.


Whether a priest can always absolve his subject?

Objection 1. It would seem that a priest cannot always absolve his subject. For, as Augustine says (De vera et false Poenitentia [Work of an unknown author]), "no man should exercise the priestly office, unless he be free from those things which he condemns in others." But a priest might happen to share in a sin committed by his subject, e.g. by knowledge of a woman who is his subject. Therefore it seems that he cannot always use the power of the keys on his subjects.

Objection 2. Further, by the power of the keys a man is healed of all his shortcomings. Now it happens sometimes that a sin has attached to it a defect of irregularity or a sentence of excommunication, from which a simple priest cannot absolve. Therefore it seems that he cannot use the power of the keys on such as are shackled by these things in the above manner.

Objection 3. Further, the judgment and power of our priesthood was foreshadowed by the judgment of the ancient priesthood. Now according to the Law, the lesser judges were not competent to decide all cases, and had recourse to the higher judges, according to Exodus 24:14: "If any question shall arise" among you, "you shall refer it to them." It seems, therefore, that a priest cannot absolve his subject from graver sins, but should refer him to his superior.

On the contrary, Whoever has charge of the principal has charge of the accessory. Now priests are charged with the dispensation of the Eucharist to their subjects, to which sacrament the absolution of sins is subordinate [Cf. Supplement:17:2 ad 1]. Therefore, as far as the power of the keys is concerned, a priest can absolve his subject from any sins whatever.

Further, grace, however small, removes all sin. But a priest dispenses sacraments whereby grace is given. Therefore, as far as the power of the keys is concerned, he can absolve from all sins.

I answer that, The power of order, considered in itself, extends to the remission of all sins. But since, as stated above, the use of this power requires jurisdiction which inferiors derive from their superiors, it follows that the superior can reserve certain matters to himself, the judgment of which he does not commit to his inferior; otherwise any simple priest who has jurisdiction can absolve from any sin. Now there are five cases in which a simple priest must refer his penitent to his superior. The first is when a public penance has to be imposed, because in that case the bishop is the proper minister of the sacrament. The second is the case of those who are excommunicated when the inferior priest cannot absolve a penitent through the latter being excommunicated by his superior. The third case is when he finds that an irregularity has been contracted, for the dispensation of which he has to have recourse to his superior. The fourth is the case of arson. The fifth is when it is the custom in a diocese for the more heinous crimes to be reserved to the bishop, in order to inspire fear, because custom in these cases either gives the power or takes it away.

Reply to Objection 1. In this case the priest should not hear the confession of his accomplice, with regard to that particular sin, but must refer her to another: nor should she confess to him but should ask permission to go to another, or should have recourse to his superior if he refused, both on account of the danger, and for the sake of less shame. If, however, he were to absolve her it would be valid*: because when Augustine says that they should not be guilty of the same sin, he is speaking of what is congruous, not of what is essential to the sacrament. [Benedict XIV declared the absolution of an accomplice "in materia turpi" to be invalid.]

Reply to Objection 2. Penance delivers man from all defects of guilt, but not from all defects of punishment, since even after doing penance for murder, a man remains irregular. Hence a priest can absolve from a crime, but for the remission of the punishment he must refer the penitent to the superior, except in the case of excommunication, absolution from which should precede absolution from sin, for as long as a man is excommunicated, he cannot receive any sacrament of the Church.

Reply to Objection 3. This objection considers those cases in which superiors reserve the power of jurisdiction to themselves.


Whether a man can use the keys with regard to his superior?

Objection 1. It would seem that a man cannot use the keys in respect of a superior. For every sacramental act requires its proper matter. Now the proper matter for the use of the keys, is a person who is subject, as stated above (Supplement:19:6). Therefore a priest cannot use the keys in respect of one who is not his subject.

Objection 2. Further, the Church Militant is an image of the Church Triumphant. Now in the heavenly Church an inferior angel never cleanses, enlightens or perfects a higher angel. Therefore neither can an inferior priest exercise on a superior a hierarchical action such as absolution.

Objection 3. Further, the judgment of Penance should be better regulated than the judgment of an external court. Now in the external court an inferior cannot excommunicate or absolve his superior. Therefore, seemingly, neither can he do so in the penitential court.

On the contrary, The higher prelate is also "compassed with infirmity," and may happen to sin. Now the power of the keys is the remedy for sin. Therefore, since he cannot use the key on himself, for he cannot be both judge and accused at the same time, it seems that an inferior can use the power of the keys on him.

Further, absolution which is given through the power of the keys, is ordained to the reception of the Eucharist. But an inferior can give Communion to his superior, if the latter asks him to. Therefore he can use the power of the keys on him if he submit to him.

I answer that, The power of the keys, considered in itself, is applicable to all, as stated above (Article 2): and that a priest is unable to use the keys on some particular person is due to his power being limited to certain individuals. Therefore he who limited his power can extend it to whom he wills, so that he can give him power over himself, although he cannot use the power of the keys on himself, because this power requires to be exercised on a subject, and therefore on someone else, for no man can be subject to himself.

Reply to Objection 1. Although the bishop whom a simple priest absolves is his superior absolutely speaking, yet he is beneath him in so far as he submits himself as a sinner to him.

Reply to Objection 2. In the angels there can be no defect by reason of which the higher angel can submit to the lower, such as there can happen to be among men; and so there is no comparison.

Reply to Objection 3. External judgment is according to men, whereas the judgment of confession is according to God, in Whose sight a man is lessened by sinning, which is not the case in human prelacy. Therefore just as in external judgment no man can pass sentence of excommunication on himself, so neither can he empower another to excommunicate him. On the other hand, in the tribunal of conscience he can give another the power to absolve him, though he cannot use that power himself.

It may also be replied that absolution in the tribunal of the confessional belongs principally to the power of the keys and consequently to the power of jurisdiction, whereas excommunication regards jurisdiction exclusively. And, as to the power of orders, all are equal, but not as to jurisdiction. Wherefore there is no comparison.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether excommunication is suitably defined as separation from the communion of the Church, etc?

Objection 1. It would seem that excommunication is unsuitably defined by some thus: "Excommunication is separation from the communion of the Church, as to fruit and general suffrages." For the suffrages of the Church avail for those for whom they are offered. But the Church prays for those who are outside the Church, as, for instance, for heretics and pagans. Therefore she prays also for the excommunicated, since they are outside the Church, and so the suffrages of the Church avail for them.

Objection 2. Further, no one loses the suffrages of the Church except by his own fault. Now excommunication is not a fault, but a punishment. Therefore excommunication does not deprive a man of the general suffrages of the Church.

Objection 3. Further, the fruit of the Church seems to be the same as the Church's suffrages, for it cannot mean the fruit of temporal goods, since excommunication does not deprive a man of these. Therefore there is no reason for mentioning both.

Objection 4. Further, there is a kind of excommunication called minor*, by which man is not deprived of the suffrages of the Church. [Minor excommunication is no longer recognized by Canon Law.] Therefore this definition is unsuitable.

I answer that, When a man enters the Church by Baptism, he is admitted to two things, viz. the body of the faithful and the participation of the sacraments: and this latter presupposes the former, since the faithful are united together in the participation of the sacraments. Consequently a person may be expelled from the Church in two ways. First, by being deprived merely of the participation of the sacraments, and this is the minor excommunication. Secondly, by being deprived of both, and this is the major excommunication, of which the above is the definition. Nor can there be a third, consisting in the privation of communion with the faithful, but not of the participation of the sacraments, for the reason already given, because, to wit, the faithful communicate together in the sacraments. Now communion with the faithful is twofold. One consists in spiritual things, such as their praying for one another, and meeting together for the reception of sacred things; while another consists in certain legitimate bodily actions. These different manners of communion are signified in the verse which declares that those who are excommunicate are deprived of— "os, orare, vale, communio, mensa." "Os," i.e. we must not give them tokens of goodwill; "orare," i.e. we must not pray with them; "vale," we must not give them marks of respect; "communio," i.e. we must not communicate with them in the sacraments; "mensa," i.e. we must not take meals with them. Accordingly the above definition includes privation of the sacraments in the words "as to the fruit," and from partaking together with the faithful in spiritual things, in the words, "and the general prayers of the Church." Another definition is given which expresses the privation of both kinds of acts, and is as follows: "Excommunication is the privation of all lawful communion with the faithful."

Reply to Objection 1. Prayers are said for unbelievers, but they do not receive the fruit of those prayers unless they be converted to the faith. In like manner prayers may be offered up for those who are excommunicated, but not among the prayers that are said for the members of the Church. Yet they do not receive the fruit so long as they remain under the excommunication, but prayers are said for them that they may receive the spirit of repentance, so that they may be loosed from excommunication.

Reply to Objection 2. One man's prayers profit another in so far as they can reach to him. Now the action of one man may reach to another in two ways. First, by virtue of charity which unites all the faithful, making them one in God, according to Psalm 118:63: "I am a partaker with all them that fear Thee." Now excommunication does not interrupt this union, since no man can be justly excommunicated except for a mortal sin, whereby a man is already separated from charity, even without being excommunicated. An unjust excommunication cannot deprive a man of charity, since this is one of the greatest of all goods, of which a man cannot be deprived against his will. Secondly, through the intention of the one who prays, which intention is directed to the person he prays for, and this union is interrupted by excommunication, because by passing sentence of excommunication, the Church severs a man from the whole body of the faithful, for whom she prays. Hence those prayers of the Church which are offered up for the whole Church, do not profit those who are excommunicated. Nor can prayers be said for them among the members of the Church as speaking in the Church's name, although a private individual may say a prayer with the intention of offering it for their conversion.

Reply to Objection 3. The spiritual fruit of the Church is derived not only from her prayers, but also from the sacraments received and from the faithful dwelling together.

Reply to Objection 4. The minor excommunication does not fulfill all the conditions of excommunication but only a part of them, hence the definition of excommunication need not apply to it in every respect, but only in some.


Whether the Church should excommunicate anyone?

Objection 1. It would seem that the Church ought not to excommunicate anyone, because excommunication is a kind of curse, and we are forbidden to curse (Romans 12:14). Therefore the Church should not excommunicate.

Objection 2. Further, the Church Militant should imitate the Church Triumphant. Now we read in the epistle of Jude (verse 9) that "when Michael the Archangel disputing with the devil contended about the body of Moses, he durst not bring against him the judgment of railing speech, but said: The Lord command thee." Therefore the Church Militant ought not to judge any man by cursing or excommunicating him.

Objection 3. Further, no man should be given into the hands of his enemies, unless there be no hope for him. Now by excommunication a man is given into the hands of Satan, as is clear from 1 Corinthians 5:5. Since then we should never give up hope about anyone in this life, the Church should not excommunicate anyone.

On the contrary, The Apostle (1 Corinthians 5:5) ordered a man to be excommunicated.

Further, it is written (Matthew 18:17) about the man who refuses to hear the Church: "Let him be to thee as the heathen or publican." But heathens are outside the Church. Therefore they also who refuse to hear the Church, should be banished from the Church by excommunication.

I answer that, The judgment of the Church should be conformed to the judgment of God. Now God punishes the sinner in many ways, in order to draw him to good, either by chastising him with stripes, or by leaving him to himself so that being deprived of those helps whereby he was kept out of evil, he may acknowledge his weakness, and humbly return to God Whom he had abandoned in his pride. In both these respects the Church by passing sentence of excommunication imitates the judgment of God. For by severing a man from the communion of the faithful that he may blush with shame, she imitates the judgment whereby God chastises man with stripes; and by depriving him of prayers and other spiritual things, she imitates the judgment of God in leaving man to himself, in order that by humility he may learn to know himself and return to God.

Reply to Objection 1. A curse may be pronounced in two ways: first, so that the intention of the one who curses is fixed on the evil which he invokes or pronounces, and cursing in this sense is altogether forbidden. Secondly, so that the evil which a man invokes in cursing is intended for the good of the one who is cursed, and thus cursing is sometimes lawful and salutary: thus a physician makes a sick man undergo pain, by cutting him, for instance, in order to deliver him from his sickness.

Reply to Objection 2. The devil cannot be brought to repentance, wherefore the pain of excommunication cannot do him any good.

Reply to Objection 3. From the very fact that a man is deprived of the prayers of the Church, he incurs a triple loss, corresponding to the three things which a man acquires through the Church's prayers. For they bring an increase of grace to those who have it, or merit grace for those who have it not; and in this respect the Master of the Sentences says (Sent. iv, D, 18): "The grace of God is taken away by excommunication." They also prove a safeguard of virtue; and in this respect he says that "protection is taken away," not that the excommunicated person is withdrawn altogether from God's providence, but that he is excluded from that protection with which He watches over the children of the Church in a more special way. Moreover, they are useful as a defense against the enemy, and in this respect he says that "the devil receives greater power of assaulting the excommunicated person, both spiritually and corporally." Hence in the early Church, when men had to be enticed to the faith by means of outward signs (thus the gift of the Holy Ghost was shown openly by a visible sign), so too excommunication was evidenced by a person being troubled in his body by the devil. Nor is it unreasonable that one, for whom there is still hope, be given over to the enemy, for he is surrendered, not unto damnation, but unto correction, since the Church has the power to rescue him from the hands of the enemy, whenever he is willing.


Whether anyone should be excommunicated for inflicting temporal harm?

Objection 1. It would seem that no man should be excommunicated for inflicting a temporal harm. For the punishment should not exceed the fault. But the punishment of excommunication is the privation of a spiritual good, which surpasses all temporal goods. Therefore no man should be excommunicated for temporal injuries.

Objection 2. Further, we should render to no man evil for evil, according to the precept of the Apostle (Romans 12:17). But this would be rendering evil for evil, if a man were to be excommunicated for doing such an injury. Therefore this ought by no means to be done.

On the contrary, Peter sentenced Ananias and Saphira to death for keeping back the price of their piece of land (Acts 5:1-10). Therefore it is lawful for the Church to excommunicate for temporal injuries.

I answer that, By excommunication the ecclesiastical judge excludes a man, in a sense, from the kingdom. Wherefore, since he ought not to exclude from the kingdom others than the unworthy, as was made clear from the definition of the keys (Supplement:17:2, and since no one becomes unworthy, unless, through committing a mortal sin, he lose charity which is the way leading to the kingdom, it follows that no man should be excommunicated except for a mortal sin. And since by injuring a man in his body or in his temporalities, one may sin mortally and act against charity, the Church can excommunicate a man for having inflicted temporal injury on anyone. Yet, as excommunication is the most severe punishment, and since punishments are intended as remedies, according to the Philosopher (Ethic. ii), and again since a prudent physician begins with lighter and less risky remedies, therefore excommunication should not be inflicted, even for a mortal sin, unless the sinner be obstinate, either by not coming up for judgment, or by going away before judgment is pronounced, or by failing to obey the decision of the court. For then, if, after due warning, he refuse to obey, he is reckoned to be obstinate, and the judge, not being able to proceed otherwise against him, must excommunicate him.

Reply to Objection 1. A fault is not measured by the extent of the damage a man does, but by the will with which he does it, acting against charity. Wherefore, though the punishment of excommunication exceeds the harm done, it does not exceed the measure of the sin.

Reply to Objection 2. When a man is corrected by being punished, evil is not rendered to him, but good: since punishments are remedies, as stated above.


Whether an excommunication unjustly pronounced has any effect?

Objection 1. It would seem that an excommunication which is pronounced unjustly has no effect at all. Because excommunication deprives a man of the protection and grace of God, which cannot be forfeited unjustly. Therefore excommunication has no effect if it be unjustly pronounced.

Objection 2. Further, Jerome says (on Matthew 16:19: "I will give to thee the keys"): "It is a pharisaical severity to reckon as really bound or loosed, that which is bound or loosed unjustly." But that severity was proud and erroneous. Therefore an unjust excommunication has no effect.

On the contrary, According to Gregory (Hom. xxvi in Evang.), "the sentence of the pastor is to be feared whether it be just or unjust." Now there would be no reason to fear an unjust excommunication if it did not hurt. Therefore, etc.

I answer that, An excommunication may be unjust for two reasons. First, on the part of its author, as when anyone excommunicates through hatred or anger, and then, nevertheless, the excommunication takes effect, though its author sins, because the one who is excommunicated suffers justly, even if the author act wrongly in excommunicating him. Secondly, on the part of the excommunication, through there being no proper cause, or through the sentence being passed without the forms of law being observed. In this case, if the error, on the part of the sentence, be such as to render the sentence void, this has no effect, for there is no excommunication; but if the error does not annul the sentence, this takes effect, and the person excommunicated should humbly submit (which will be credited to him as a merit), and either seek absolution from the person who has excommunicated him, or appeal to a higher judge. If, however, he were to contemn the sentence, he would "ipso facto" sin mortally.

But sometimes it happens that there is sufficient cause on the part of the excommunicator, but not on the part of the excommunicated, as when a man is excommunicated for a crime which he has not committed, but which has been proved against him: in this case, if he submit humbly, the merit of his humility will compensate him for the harm of excommunication.

Reply to Objection 1. Although a man cannot lose God's grace unjustly, yet he can unjustly lose those things which on our part dispose us to receive grace. for instance, a man may be deprived of the instruction which he ought to have. It is in this sense that excommunication is said to deprive a man of God's grace, as was explained above (Article 2, Reply to Objection 3).

Reply to Objection 2. Jerome is speaking of sin not of its punishments, which can be inflicted unjustly by ecclesiastical superiors.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether every priest can excommunicate?

Objection 1. It would seem that every priest can excommunicate. For excommunication is an act of the keys. But every priest has the keys. Therefore every priest can excommunicate.

Objection 2. Further, it is a greater thing to loose and bind in the tribunal of penance than in the tribunal of judgment. But every priest can loose and bind his subjects in the tribunal of Penance. Therefore every priest can excommunicate his subjects.

On the contrary, 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.

I answer that, 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.

Reply to Objection 1. Excommunication is an act of the keys not directly, but with respect to the external judgment. The sentence of excommunication, however, though it is promulgated by an external verdict, still, as it belongs somewhat to the entrance to the kingdom, in so far as the Church Militant is the way to the Church Triumphant, this jurisdiction whereby a man is competent to excommunicate, can be called a key. It is in this sense that some distinguish between the key of orders, which all priests have, and the key of jurisdiction in the tribunal of judgment, which none have but the judges of the external tribunal. Nevertheless God bestowed both on Peter (Matthew 16:19), from whom they are derived by others, whichever of them they have.

Reply to Objection 2. Parish priests have jurisdiction indeed over their subjects, in the tribunal of conscience, but not in the judicial tribunal, for they cannot summons them in contentious cases. Hence they cannot excommunicate, but they can absolve them in the tribunal of Penance. And though the tribunal of Penance is higher, yet more solemnity is requisite in the judicial tribunal, because therein it is necessary to make satisfaction not only to God but also to man.


Whether those who are not priests can excommunicate?

Objection 1. It would seem that those who are not priests cannot excommunicate. Because excommunication is an act of the keys, as stated in Sent. iv, D, 18. But those who are not priests have not the keys. Therefore they cannot excommunicate.

Objection 2. Further, more is required for excommunication than for absolution in the tribunal of Penance. But one who is not a priest cannot absolve in the tribunal of Penance. Neither therefore can he excommunicate.

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

I answer that, 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.

Reply to Objection 1. Though they have not the key of orders, they have the key of jurisdiction.

Reply to Objection 2. These two are related to one another as something exceeding and something exceeded [Cf. 1, a2; Supplement:24:1 ad 1, and consequently one of them may be within the competency of someone while the other is not.


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

Objection 1. It would seem that one who is excommunicated or suspended can excommunicate another. For such a one has lost neither orders nor jurisdiction, since neither is he ordained anew when he is absolved, nor is his jurisdiction renewed. But excommunication requires nothing more than orders or jurisdiction. Therefore even one who is excommunicated or suspended can excommunicate.

Objection 2. Further. it is a greater thing to consecrate the body of Christ than to excommunicate. But such persons can consecrate. Therefore they can excommunicate.

On the contrary, 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.

I answer that, 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.

Reply to Objection 1. Although an excommunicated or suspended person does not lose his jurisdiction, yet he does lose its use.

Reply to Objection 2. The power of consecration results from the power of the character which is indelible, wherefore, from the very fact that a man has the character of order, he can always consecrate, though not always lawfully. It is different with the power of excommunication which results from jurisdiction, for this can be taken away and bound.


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

Objection 1. It would seem that a man can excommunicate himself, his equal, or his superior. For an angel of God was greater than Paul, according to Matthew 11:11: "He that is lesser in the kingdom of heaven is greater then he, a greater" than whom "hath not risen among men that are born of women." Now Paul excommunicated an angel from heaven (Galatians 1:8). Therefore a man can excommunicate his superior.

Objection 2. Further, sometimes a priest pronounces a general excommunication for theft or the like. But it might happen that he, or his equal, or a superior has done such things. Therefore a man can excommunicate himself, his equal, or a superior.

Objection 3. Further, a man can absolve his superior or his equal in the tribunal of Penance, as when a bishop confesses to his subject, or one priest confesses venial sins to another. Therefore it seems that a man may also excommunicate his superior, or his equal.

On the contrary, 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.

I answer that, 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.

Reply to Objection 1. The Apostle is speaking hypothetically, i.e. supposing an angel were to sin, for in that case he would not be higher than the Apostle, but lower. Nor is it absurd that, if the antecedent of a conditional sentence be impossible, the consequence be impossible also.

Reply to Objection 2. In that case no one would be excommunicated, since no man has power over his peer.

Reply to Objection 3. Loosing and binding in the tribunal of confession affects our relation to God only, in Whose sight a man from being above another sinks below him through sin; while on the other hand excommunication is the affair of an external tribunal in which a man does not forfeit his superiority on account of sin. Hence there is no comparison between the two tribunals. Nevertheless, even in the tribunal of confession, a man cannot absolve himself, or his superior, or his equal, unless the power to do so be committed to him. This does not apply to venial sins, because they can be remitted through any sacraments which confer grace, hence remission of venial sins follows the power of orders.


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

Objection 1. It would seem that sentence of excommunication can be passed on a body of men. Because it is possible for a number of people to be united together in wickedness. Now when a man is obstinate in his wickedness he should be excommunicated. Therefore a body of men can be excommunicated.

Objection 2. Further, the most grievous effect of an excommunication is privation of the sacraments of the Church. But sometimes a whole country is laid under an interdict. Therefore a body of people can be excommunicated.

On the contrary, A gloss of Augustine [Cf. Ep. ccl] on Matthew 12 asserts that the sovereign and a body of people cannot be excommunicated.

I answer that, 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 (Genesis 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.

Reply to Objection 2. Suspension is not so great a punishment as excommunication, since those who are suspended are not deprived of the prayers of the Church, as the excommunicated are. Wherefore a man can be suspended without having committed a sin himself, just as a whole kingdom is laid under an interdict on account of the king's crime. Hence there is no comparison between excommunication and suspension.


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

Objection 1. It would seem that a man who is already under sentence of excommunication cannot be excommunicated any further. For the Apostle says (1 Corinthians 5:12): "What have I to do to judge them that are without?" Now those who are excommunicated are already outside the Church. Therefore the Church cannot exercise any further judgment on them, so as to excommunicate them again.

Objection 2. Further, excommunication is privation of divine things and of the communion of the faithful. But when a man has been deprived of a thing, he cannot be deprived of it again. Therefore one who is excommunicated cannot be excommunicated again

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

I answer that, 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.

Reply to Objection 1. The Apostle is speaking of heathens and of other unbelievers who have no (sacramental) character, whereby they are numbered among the people of God. But since the baptismal character whereby a man is numbered among God's people, is indelible, one who is baptized always belongs to the Church in some way, so that the Church is always competent to sit in judgment on him.

Reply to Objection 2. Although privation does not receive more or less in itself, yet it can, as regards its cause. In this way an excommunication can be repeated, and a man who has been excommunicated several times is further from the Church's prayers than one who has been excommunicated only once.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether it is lawful, in matters purely corporal, to communicate with an excommunicated person?

Objection 1. It would seem that it is lawful, in matters purely corporal, to communicate with an excommunicated person. For excommunication is an act of the keys. But the power of the keys extends only to spiritual matters. Therefore excommunication does not prevent one from communicating with another in matters corporal.

Objection 2. Further, "What is instituted for the sake of charity, does not militate against charity" (Cf. 11, 1, Objection 1). But we are bound by the precept of charity to succor our enemies, which is impossible without some sort of communication. Therefore it is lawful to communicate with an excommunicated person in corporal matters.

On the contrary, It is written (1 Corinthians 5:11): "With such an one not so much as to eat."

I answer that, Excommunication is twofold: there is minor excommunication, which deprives a man merely of a share in the sacraments, but not of the communion of the faithful. Wherefore it is lawful to communicate with a person lying under an excommunication of this kind, but not to give him the sacraments. The other is major excommunication which deprives a man of the sacraments of the Church and of the communion of the faithful. Wherefore it is not lawful to communicate with one who lies under such an excommunication. But, since the Church resorts to excommunication to repair and not to destroy, exception is made from this general law, in certain matters wherein communication is lawful, viz. in those which concern salvation, for one is allowed to speak of such matters with an excommunicated person; and one may even speak of other matters so as to put him at his ease and to make the words of salvation more acceptable. Moreover exception is made in favor of certain people whose business it is to be in attendance on the excommunicated person, viz. his wife, child, slave, vassal or subordinate. This, however, is to be understood of children who have not attained their majority, else they are forbidden to communicate with their father: and as to the others, the exception applies to them if they have entered his service before his excommunication, but not if they did so afterwards.

Some understand this exception to apply in the opposite way, viz. that the master can communicate with his subjects: while others hold the contrary. At any rate it is lawful for them to communicate with others in matters wherein they are under an obligation to them, for just as subjects are bound to serve their master, so is the master bound to look after his subjects. Again certain cases are excepted; as when the fact of the excommunication is unknown, or in the case of strangers or travelers in the country of those who are excommunicated, for they are allowed to buy from them, or to receive alms from them. Likewise if anyone were to see an excommunicated person in distress: for then he would be bound by the precept of charity to assist him. These are all contained in the following line: "Utility, law, lowliness, ignorance of fact, necessity," where "utility" refers to salutary words, "law" to marriage, "lowliness" to subjection. The others need no explanation.

Reply to Objection 1. Corporal matters are subordinate to spiritual matters. Wherefore the power which extends to spiritual things, can also extend to matters touching the body: even as the art which considers the end commands in matters ordained to the end.

Reply to Objection 2. In a case where one is bound by the precept of charity to hold communication, the prohibition ceases, as is clear from what has been said.


Whether a person incurs excommunication for communicating with one who is excommunicated?

Objection 1. It would seem that a person does not incur excommunication for communicating with one who is excommunicated. For a heathen or a Jew is more separated from the Church than a person who is excommunicated. But one does not incur excommunication for communicating with a heathen or a Jew. Neither, therefore, does one for communicating with an excommunicated Christian.

Objection 2. Further, if a man incurs excommunication for communicating with an excommunicated person, for the same reason a third would incur excommunication for communicating with him, and thus one might go on indefinitely, which would seem absurd. Therefore one does not incur excommunication for communicating with one who is excommunicated.

On the contrary, An excommunicated person is banished from communion. Therefore whoever communicates with him leaves the communion of the Church: and hence he seems to be excommunicated.

I answer that, A person may incur excommunication in two ways. First, so that the excommunication includes both himself and whosoever communicates with him: and then, without any doubt, whoever communicates with him, incurs a major excommunication. Secondly, so that the excommunication is simply pronounced on him; and then a man may communicate with him either in his crime, by counsel, help or favor, in which case again he incurs the major excommunication, or he may communicate with him in other things by speaking to him, greeting him, or eating with him, in which case he incurs the minor excommunication.

Reply to Objection 1. The Church has no intention of correcting unbelievers as well as the faithful who are under her care: hence she does not sever those, whom she excommunicates, from the fellowship of unbelievers, as she does from the communion of the faithful over whom she exercises a certain power.

Reply to Objection 2. It is lawful to hold communion with one who has incurred a minor excommunication, so that excommunication does not pass on to a third person.


Whether it is always a mortal sin to communicate with an excommunicated person in other cases than those in which it is allowed?

Objection 1. It would seem that it is always a mortal sin to hold communion with an excommunicated person in other cases than those in which it is allowed. Because a certain decretal (Cap. Sacris: De his quae vi, metuve, etc.) declares that "not even through fear of death should anyone hold communion with an excommunicated person, since one ought to die rather than commit a mortal sin." But this would be no reason unless it were always a mortal sin to hold communion with an excommunicated person. Therefore, etc.

Objection 2. Further, it is a mortal sin to act against a commandment of the Church. But the Church forbids anyone to hold communion with an excommunicated person. Therefore it is a mortal sin to hold communion with one who is excommunicated.

Objection 3. Further, no man is debarred from receiving the Eucharist on account of a venial sin. But a man who holds communion with an excommunicated person, outside those cases in which it is allowed, is debarred from receiving the Eucharist, since he incurs a minor excommunication. Therefore it is a mortal sin to hold communion with an excommunicated person, save in those cases in which it is allowed.

Objection 4. Further, no one should incur a major excommunication save for a mortal sin. Now according to the law (Can. Praecipue, seqq., caus. xi) a man may incur a major excommunication for holding communion with an excommunicated person. Therefore it is a mortal sin to hold communion with one who is excommunicated.

On the contrary, None can absolve a man from mortal sin unless he have jurisdiction over him. But any priest can absolve a man for holding communion with those who are excommunicated. Therefore it is not a mortal sin.

Further, the measure of the penalty should be according to the measure of the sin, as stated in Deuteronomy 25:3. Now the punishment appointed by common custom for holding communion with an excommunicated person is not that which is inflicted for mortal sin, but rather that which is due for venial sin. Therefore it is not a mortal sin.

I answer that, Some hold that it is always a mortal sin to hold communion with an excommunicated person, by word or in any of the forbidden ways mentioned above (Article 2), except in those cases allowed by law (Cap. Quoniam). But since it seems very hard that a man should be guilty of a mortal sin by uttering just a slight word to an excommunicated person, and that by excommunicating a person one would endanger the salvation of many, and lay a snare which might turn to one's own hurt, it seems to others more probable that he is not always guilty of a mortal sin, but only when he holds communion with him in a criminal deed, or in an act of Divine worship, or through contempt of the Church.

Reply to Objection 1. This decretal is speaking of holding communion in Divine worship. It may also be replied that the same reason applies both to mortal and venial sin, since just as one cannot do well by committing a mortal sin, so neither can one by committing a venial sin: so that just as it is a man's duty to suffer death rather than commit a mortal sin, so is it his duty to do so sooner than commit a venial sin, inasmuch as it is his duty to avoid venial sin.

Reply to Objection 2. The commandment of the Church regards spiritual matters directly, and legitimate actions as a consequence: hence by holding communion in Divine worship one acts against the commandment, and commits a mortal sin; but by holding communion in other matters, one acts beside the commandment, and sins venially.

Reply to Objection 3. Sometimes a man is debarred from the Eucharist even without his own fault, as in the case of those who are suspended or under an interdict, because these penalties are sometimes inflicted on one person for the sin of another who is thus punished.

Reply to Objection 4. Although it is a venial sin to hold communion with one who is excommunicated, yet to do so obstinately is a mortal sin: and for this reason one may be excommunicated according to the law.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether any priest can absolve his subject from excommunication?

Objection 1. It would seem that any priest can absolve his subject from excommunication. For the chains of sin are stronger than those of excommunication. But any priest can absolve his subject from sin. Therefore much more can he absolve him from excommunication.

Objection 2. Further, if the cause is removed the effect is removed. But the cause of excommunication is a mortal sin. Therefore since any priest can absolve (his subject) from that mortal sin, he is able likewise to absolve him from the excommunication.

On the contrary, It belongs to the same power to excommunicate as to absolve from excommunication. But priests of inferior degree cannot excommunicate their subjects. Neither, therefore, can they absolve them.

I answer that, Anyone can absolve from minor excommunication who can absolve from the sin of participation in the sin of another. But in the case of a major excommunication, this is pronounced either by a judge, and then he who pronounced sentence or his superior can absolve—or it is pronounced by law, and then the bishop or even a priest can absolve except in the six cases which the Pope, who is the maker of laws, reserves to himself: the first is the case of a man who lays hands on a cleric or a religious; the second is of one who breaks into a church and is denounced for so doing; the third is of the man who sets fire to a church and is denounced for the deed; the fourth is of one who knowingly communicates in the Divine worship with those whom the Pope has excommunicated by name; the fifth is the case of one who tampers with the letters of the Holy See; the sixth is the case of one who communicates in a crime of one who is excommunicated. For he should not be absolved except by the person who excommunicated him, even though he be not subject to him, unless, by reason of the difficulty of appearing before him, he be absolved by the bishop or by his own priest, after binding himself by oath to submit to the command of the judge who pronounced the excommunication on him.

There are however eight exceptions to the first case: (1) In the hour of death, when a person can be absolved by any priest from any excommunication; (2) if the striker be the doorkeeper of a man in authority, and the blow be given neither through hatred nor of set purpose; (3) if the striker be a woman; (4) if the striker be a servant, whose master is not at fault and would suffer from his absence; (5) if a religious strike a religious, unless he strike him very grievously; (6) if the striker be a poor man; (7) if he be a minor*, an old man, or an invalid; (8) if there be a deadly feud between them.

There are, besides, seven cases in which the person who strikes a cleric does not incur excommunication: (1) if he do it for the sake of discipline, as a teacher or a superior; (2) if it be done for fun; (3) if the striker find the cleric behaving with impropriety towards his wife his mother, his sister or his daughter; (4) if he return blow for blow at once; (5) if the striker be not aware that he is striking a cleric; (6) if the latter be guilty of apostasy after the triple admonition; (7) if the cleric exercise an act which is altogether contrary to the clerical life, e.g. if he become a soldier, or if he be guilty of bigamy [Namely, that which is known by canonists as "similar bigamy"].

Reply to Objection 1. Although the chains of sin are in themselves greater than those of excommunication, yet in a certain respect the chains of excommunication are greater, inasmuch as they bind a man not only in the sight of God, but also in the eye of the Church. Hence absolution from excommunication requires jurisdiction in the external forum, whereas absolution from sin does not. Nor is there need of giving one's word by oath, as in the case of absolution from excommunication, because, as the Apostle declares (Hebrews 6:16), controversies between men are decided by oath.

Reply to Objection 2. As an excommunicated person has no share in the sacraments of the Church, a priest cannot absolve him from his guilt, unless he be first absolved from excommunication.


Whether anyone can be absolved against his will?

Objection 1. It would seem that no man can be absolved against his will. For spiritual things are not conferred on anyone against his will. Now absolution from excommunication is a spiritual favor. Therefore it cannot be granted to a man against his will.

Objection 2. Further, the cause of excommunication is contumacy. But when, through contempt of the excommunication, a man is unwilling to be absolved, he shows a high degree of contumacy. Therefore he cannot be absolved.

On the contrary, Excommunication can be pronounced on a man against his will. Now things that happen to a man against his will, can be removed from him against his will, as in the case of the goods of fortune. Therefore excommunication can be removed from a man against his will.

I answer that, Evil of fault and evil of punishment differ in this, that the origin of fault is within us, since all sin is voluntary, whereas the origin of punishment is sometimes without, since punishment does not need to be voluntary, in fact the nature of punishment is rather to be against the will. Wherefore, just as a man commits no sin except willingly, so no sin is forgiven him against his will. On the other hand just as a person can be excommunicated against his will, so can he be absolved therefrom.

Reply to Objection 1. The assertion is true of those spiritual goods which depend on our will, such as the virtues, which we cannot lose unwillingly; for knowledge, although a spiritual good, can be lost by a man against his will through sickness. Hence the argument is not to the point.

Reply to Objection 2. It is possible for excommunication to be removed from a man even though he be contumacious, if it seem to be for the good of the man for whom the excommunication was intended as a medicine.


Whether a man can be absolved from one excommunication without being absolved from all?

Objection 1. It would seem that a man cannot be absolved from one excommunication without being absolved from all. For an effect should be proportionate to its cause. Now the cause of excommunication is a sin. Since then a man cannot be absolved from one sin without being absolved from all, neither can this happen as regards excommunication.

Objection 2. Further, absolution from excommunication is pronounced in the Church. But a man who is under the ban of one excommunication is outside the Church. Therefore so long as one remains, a man cannot be loosed from another.

On the contrary, Excommunication is a punishment. Now a man can be loosed from one punishment, while another remains. Therefore a man can be loosed from one excommunication and yet remain under another.

I answer that, Excommunications are not connected together in any way, and so it is possible for a man to be absolved from one, and yet remain under another.

It must be observed however that sometimes a man lies under several excommunications pronounced by one judge; and then, when he is absolved from one, he is understood to be absolved from all, unless the contrary be expressed, or unless he ask to be absolved from excommunication on one count only, whereas he was excommunicated under several. On the other hand sometimes a man lies under several sentences of excommunication pronounced by several judges; and then, when absolved from one excommunication, he is not therefore absolved from the others, unless at his prayer they all confirm his absolution, or unless they all depute one to absolve him.

Reply to Objection 1. All sins are connected together in aversion from God, which is incompatible with the forgiveness of sin: wherefore one sin cannot be forgiven without another. But excommunications have no such connection. Nor again is absolution from excommunication hindered by contrariety of the will, as stated above (Article 2). Hence the argument does not prove.

Reply to Objection 2. Just as such a man was for several reasons outside the Church so is it possible for his separation to be removed on one count and to remain on another.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether an indulgence can remit any part of the punishment due for the satisfaction of sins?

Objection 1. It would seem that an indulgence cannot remit any part of the punishment due for the satisfaction of sins. Because a gloss on 2 Timothy 2:13, "He cannot deny Himself," says: "He would do this if He did not keep His word." Now He said (Deuteronomy 25:2): "According to the measure of the sin shall the measure also of the stripes be." Therefore nothing can be remitted from the satisfactory punishment which is appointed according to the measure of sin.

Objection 2. Further, an inferior cannot absolve from an obligation imposed by his superior. But when God absolves us from sin He binds us to temporal punishment, as Hugh of St. Victor declares (Tract. vi Sum. Sent. [Of doubtful authenticity]). Therefore no man can absolve from that punishment, by remitting any part of it.

Objection 3. Further, the granting of the sacramental effect without the sacraments belongs to the power of excellence. Now none but Christ has the power of excellence in the sacraments. Since then satisfaction is a part of the sacrament of Penance, conducing to the remission of the punishment due, it seems that no mere man can remit the debt of punishment without satisfaction.

Objection 4. Further, the power of the ministers of the Church was given them, not "unto destruction," but "unto edification" (2 Corinthians 10:8). But it would be conducive to destruction, if satisfaction, which was intended for our good, inasmuch as it serves for a remedy, were done away with. Therefore the power of the ministers of the Church does not extend to this.

On the contrary, It is written (2 Corinthians 2:10): "For, what I have pardoned, if I have pardoned anything, for your sakes have I done it in the person of Christ," and a gloss adds: i.e. "as though Christ Himself had pardoned." But Christ could remit the punishment of a sin without any satisfaction, as evidenced in the case of the adulterous woman (John 8). Therefore Paul could do so likewise. Therefore the Pope can too, since his power in the Church is not less than Paul's.

Further, the universal Church cannot err; since He Who "was heard for His reverence" (Hebrews 5:7) said to Peter, on whose profession of faith the Church was founded (Luke 22:32): "I have prayed for thee that thy faith fail not." Now the universal Church approves and grants indulgences. Therefore indulgences have some value.

I answer that, All admit that indulgences have some value, for it would be blasphemy to say that the Church does anything in vain. But some say that they do not avail to free a man from the debt of punishment which he has deserved in Purgatory according to God's judgment, and that they merely serve to free him from the obligation imposed on him by the priest as a punishment for his sins, or from the canonical penalties he has incurred. But this opinion does not seem to be true. First, because it is expressly opposed to the privilege granted to Peter, to whom it was said (Matthew 16:19) that whatsoever he should loose on earth should be loosed also in heaven. Wherefore whatever remission is granted in the court of the Church holds good in the court of God. Moreover the Church by granting such indulgences would do more harm than good, since, by remitting the punishment she had enjoined on a man, she would deliver him to be punished more severely in Purgatory.

Hence we must say on the contrary that indulgences hold good both in the Church's court and in the judgment of God, for the remission of the punishment which remains after contrition, absolution, and confession, whether this punishment be enjoined or not. The reason why they so avail is the oneness of the mystical body in which many have performed works of satisfaction exceeding the requirements of their debts; in which, too, many have patiently borne unjust tribulations whereby a multitude of punishments would have been paid, had they been incurred. So great is the quantity of such merits that it exceeds the entire debt of punishment due to those who are living at this moment: and this is especially due to the merits of Christ: for though He acts through the sacraments, yet His efficacy is nowise restricted to them, but infinitely surpasses their efficacy.

Now one man can satisfy for another, as we have explained above (Supplement:13:2). And the saints in whom this super-abundance of satisfactions is found, did not perform their good works for this or that particular person, who needs the remission of his punishment (else he would have received this remission without any indulgence at all), but they performed them for the whole Church in general, even as the Apostle declares that he fills up "those things that are wanting of the sufferings of Christ . . . for His body, which is the Church" to whom he wrote (Colossians 1:24). These merits, then, are the common property of the whole Church. Now those things which are the common property of a number are distributed to the various individuals according to the judgment of him who rules them all. Hence, just as one man would obtain the remission of his punishment if another were to satisfy for him, so would he too if another's satisfactions be applied to him by one who has the power to do so.

Reply to Objection 1. The remission which is granted by means of indulgences does not destroy the proportion between punishment and sin, since someone has spontaneously taken upon himself the punishment due for another's guilt, as explained above.

Reply to Objection 2. He who gains an indulgence is not, strictly speaking, absolved from the debt of punishment, but is given the means whereby he may pay it.

Reply to Objection 3. The effect of sacramental absolution is the removal of a man's guilt, an effect which is not produced by indulgences. But he who grants indulgences pays the debt of punishment which a man owes, out of the common stock of the Church's goods, as explained above.

Reply to Objection 4. Grace affords a better remedy for the avoidance of sin than does habituation to (good) works. And since he who gains an indulgence is disposed to grace through the love which he conceives for the cause for which the indulgence is granted, it follows that indulgences provide a remedy against sin. Consequently it is not harmful to grant indulgences unless this be done without discretion. Nevertheless those who gain indulgences should be advised, not, on this account, to omit the penitential works imposed on them, so that they may derive a remedy from these also, even though they may be quit of the debt of punishment; and all the more, seeing that they are often more in debt than they think.