summa theologica 5-3


Summa Theologica



Question: 21  OF THE DEFINITION, CONGRUITY AND CAUSE OF EXCOMMUNICATION (FOUR ARTICLES)

   We must now treat of excommunication: we shall consider: (1) the definition, congruity and cause of excommunication; (2) who has the power to excommunicate; (3) communication with excommunicated persons; (4) absolution from excommunication.

   Under the first head there are four points of inquiry:

    (1) Whether excommunication is suitably defined?

    (2) Whether the Church should excommunicate anyone?

    (3) Whether anyone should be excommunicated for inflicting temporal harm?

    (4) Whether an excommunication unjustly pronounced has any effect?
 
Article: 1 

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 Ps. 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.
 
Article: 2  

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 (Rm. 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 Cor. 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 Cor. 5:5) ordered a man to be excommunicated.

   Further, it is written (Mt. 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.
 
Article: 3 

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 (Rm. 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 (Question [17], Article [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.
 
Article: 4  

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 Mt. 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], ad 3).

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

Question: 22  OF THOSE WHO CAN EXCOMMUNICATE OR BE EXCOMMUNICATED (SIX ARTICLES)

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

    (1) Whether every priest can excommunicate?

    (2) Whether one who is not a priest can excommunicate?

    (3) Whether one who is excommunicated or suspended, can excommunicate?

    (4) Whether anyone can excommunicate himself, or an equal, or a superior?

    (5) Whether a multitude can be excommunicated?

    (6) Whether one who is already excommunicated can be excommunicated again?
 
Article: 1  

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 (Mt. 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.
 
Article: 2 

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. Article [1], a[2]; Question [24], Article [1], ad 1], and consequently one of them may be within the competency of someone while the other is not.
 
Article: 3  

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.
 
Article: 4  

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 Mt. 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 (Gal. 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.
 
Article: 5  

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 Mt. 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 (Gn. 18:25). Therefore the Church, who should imitate the judgments of God, prudently decided that a community should not be excommunicated, lest the wheat be uprooted together with the tares and cockle.

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

  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.

Article: 6  

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 Cor. 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.

Question: 23   OF COMMUNICATION WITH EXCOMMUNICATED PERSONS (THREE ARTICLES)

   We must now consider communication with those who are excommunicated. Under this head there are three points of inquiry:

    (1) Whether it is lawful to communicate in matters purely corporal with one who is excommunicated?

    (2) Whether one who communicates with an excommunicated person is excommunicated?

    (3) Whether it is always a mortal sin to communicate with an excommunicated person in matters not permitted by law?

Article: 1

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. Question [11], Article [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 Cor. 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.
 
Article: 2  

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.
 
Article: 3  

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 Dt. 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.

Question: 24   OF ABSOLUTION FROM EXCOMMUNICATION (THREE ARTICLES)

   We must now consider absolution from excommunication: under which head there are three points of inquiry:

    (1) Whether any priest can absolve his subject from excommunication?

    (2) Whether a man can be absolved from excommunication against his will?

    (3) Whether a man can be absolved from one excommunication without being absolved from another?
 
Article: 1 

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 (Heb. 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.

Article: 2  

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.
 
Article: 3 

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.

Question: 25   OF INDULGENCES (THREE ARTICLES)

   We must now consider indulgence: (1) in itself; (2) those who grant indulgence; (3) those who receive it.

   Under the first head there are three points of inquiry:

    (1) Whether an indulgence remits any part of the punishment due for the satisfaction of sins?

    (2) Whether indulgences are as effective as they claim to be?

    (3) Whether an indulgence should be granted for temporal assistance?
 
Article: 1  

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 Tim. 2:13, "He cannot deny Himself," says: "He would do this if He did not keep His word." Now He said (Dt. 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 Cor. 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 Cor. 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 (Jn. 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" (Heb. 5:7) said to Peter, on whose profession of faith the Church was founded (Lk. 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 (Mt. 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 (Question [13], Article [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 (Col. 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 o

Article: 2  

Whether indulgences are as effective as they claim to be?

  Objection 1: It would seem that indulgences are not as effective as they claim to be. For indulgences have no effect save from the power of the keys. Now by the power of the keys, he who has that power can only remit some fixed part of the punishment due for sin, after taking into account the measure of the sin and of the penitent's sorrow. Since then indulgences depend on the mere will of the grantor, it seems that they are not as effective as they claim to be.

  Objection 2: Further, the debt of punishment keeps man back from the attainment of glory, which he ought to desire above all things. Now, if indulgences are as effective as they claim to be, a man by setting himself to gain indulgences might become immune from all debt of temporal punishment. Therefore it would seem that a man ought to put aside all other kinds of works, and devote himself to gain indulgences.

  Objection 3: Further, sometimes an indulgence whereby a man is remitted a third part of the punishment due for his sins is granted if he contribute towards the erection of a certain building. If, therefore, indulgences produce the effect which is claimed for them, he who gives a penny, and then another, and then again another, would obtain a plenary absolution from all punishment due for his sins, which seems absurd.

  Objection 4: Further, sometimes an indulgence is granted, so that for visiting a church a man obtains a seven years' remission. If, then, an indulgence avails as much as is claimed for it a man who lives near that church, or the clergy attached thereto who go there every day, obtain as much indulgence as one who comes from a distance (which would appear unjust); moreover, seemingly, they would gain the indulgence several times a day, since they go there repeatedly.

  Objection 5: Further, to remit a man's punishment beyond a just estimate seems to amount to the same as to remit it without reason; because in so far as he exceeds that estimate, he limits the compensation. Now he who grants an indulgence cannot without cause remit a man's punishment either wholly or partly, even though the Pope were to say to anyone: "I remit to all the punishment you owe for your sins." Therefore it seems that he cannot remit anything beyond the just estimate. Now indulgences are often published which exceed that just estimate. Therefore they do not avail as much as is claimed for them.

  On the contrary, It is written (Job 13:7): "Hath God any need of your lie, that you should speak deceitfully for Him?" Therefore the Church, in publishing indulgences, does not lie; and so they avail as much as is claimed for them.

   Further, the Apostle says (1 Cor. 15:14): "If . . . our preaching is vain, your faith is also vain." Therefore whoever utters a falsehood in preaching, so far as he is concerned, makes faith void. and so sins mortally. If therefore indulgences are not as effective as they claim to be, all who publish indulgences would commit a mortal sin: which is absurd.

  I answer that, on this point there are many opinions. For some maintain that indulgences have not the efficacy claimed for them, but that they simply avail each individual in proportion to his faith and devotion. And consequently those who maintain this, say that the Church publishes her indulgences in such a way as, by a kind of pious fraud, to induce men to do well, just as a mother entices her child to walk by holding out an apple. But this seems a very dangerous assertion to make. For as Augustine states (Ep. ad Hieron. lxxviii), "if any error were discovered in Holy Writ, the authority of Holy Writ would perish." In like manner, if any error were to be found in the Church's preaching, her doctrine would have no authority in settling questions of faith.

   Hence others have maintained that indulgences avail as much as is claimed for them, according to a just estimate, not of him who grants it---who perhaps puts too high a value on it---nor of the recipient---for he may prize too highly the gift he receives, but a just estimate according to the estimate of good men who consider the condition of the person affected, and the utility and needs of the Church, for the Church's needs are greater at one time than at another. Yet, neither, seemingly, can this opinion stand. First, because in that case indulgences would no longer be a remission, but rather a mere commutation. Moreover the preaching of the Church would not be excused from untruth, since, at times, indulgences are granted far in excess of the requirements of this just estimate, taking into consideration all the aforesaid conditions, as, for example, when the Pope granted to anyone who visited a certain church, an indulgence of seven years, which indulgence was granted by Blessed Gregory for the Roman Stations.

   Hence others say that the quantity of remission accorded in an indulgence is not to be measured by the devotion of the recipient, as the first opinion suggested, nor according to the quantity of what is given, as the second opinion held; but according to the cause for which the indulgence is granted, and according to which a person is held deserving of obtaining such an indulgence. Thus according as a man approached near to that cause, so would he obtain remission in whole or in part. But neither will this explain the custom of the Church, who assigns, now a greater, now a lesser indulgence, for the same cause: thus, under the same circumstances, now a year's indulgence, now one of only forty days, according to the graciousness of the Pope, who grants the indulgence, is granted to those who visit a church. Wherefore the amount of the remission granted by the indulgence is not to be measured by the cause for which a person is worthy of an indulgence.

   We must therefore say otherwise that the quantity of an effect is proportionate to the quantity of the cause. Now the cause of the remission of punishment effected by indulgences is no other than the abundance of the Church's merits, and this abundance suffices for the remission of all punishment. The effective cause of the remission is not the devotion, or toil, or gift of the recipient; nor, again, is it the cause for which the indulgence was granted. We cannot, then, estimate the quantity of the remission by any of the foregoing, but solely by the merits of the Church---and these are always superabundant. Consequently, according as these merits are applied to a person so does he obtain remission. That they should be so applied demands, firstly, authority to dispense this treasure. secondly, union between the recipient and Him Who merited it---and this is brought about by charity; thirdly, there is required a reason for so dispensing this treasury, so that the intention, namely, of those who wrought these meritorious works is safeguarded, since they did them for the honor of God and for the good of the Church in general. Hence whenever the cause assigned tends to the good of the Church and the honor of God, there is sufficient reason for granting an indulgence.

   Hence, according to others, indulgences have precisely the efficacy claimed for them, provided that he who grants them have the authority, that the recipient have charity, and that, as regards the cause, there be piety which includes the honor of God and the profit of our neighbor. Nor in this view have we "too great a market of the Divine mercy" [*St. Bonaventure, Sent. iv, D, 20], as some maintain, nor again does it derogate from Divine justice, for no punishment is remitted, but the punishment of one is imputed to another.

  Reply to Objection 1: As stated above (Question [19], Article [3]) there are two keys, the key of orders and the key of jurisdiction. The key of orders is a sacramental: and as the effects of the sacraments are fixed, not by men but by God, the priest cannot decide in the tribunal of confession how much shall be remitted by means of the key of orders from the punishment due; it is God Who appoints the amount to be remitted. On the other hand the key of jurisdiction is not something sacramental, and its effect depends on a man's decision. The remission granted through indulgences is the effect of this key, since it does not belong to the dispensation of the sacraments, but to the distribution of the common property of the Church: hence it is that legates, even though they be not priests, can grant indulgences. Consequently the decision of how much punishment is to be remitted by an indulgence depends on the will of the one who grants that indulgence. If, however, he remits punishment without sufficient reason, so that men are enticed to substitute mere nothings, as it were, for works of penance, he sins by granting such indulgences, although the indulgence is gained fully.

  Reply to Objection 2: Although indulgences avail much for the remission of punishment, yet works of satisfaction are more meritorious in respect of the essential reward, which infinitely transcends the remission of temporal punishment.

  Reply to Objection 3: When an indulgence is granted in a general way to anyone that helps towards the building of a church, we must understand this to mean a help proportionate to the giver: and in so far as he approaches to this, he will gain the indulgence more or less fully. Consequently a poor man by giving one penny would gain the full indulgence, not so a rich man, whom it would not become to give so little to so holy and profitable a work; Just as a king would not be said to help a man if he gave him an "obol."

  Reply to Objection 4: A person who lives near the church, and the priest and clergy of the church, gain the indulgence as much as those who come perhaps a distance of a thousand days' journey: because the remission, as stated above, is proportionate, not to the toil, but to the merits which are applied. Yet he who toils most gains most merit. This, however, is to be understood of those cases in which an indulgence is given in an undeterminate manner. For sometimes a distinction is expressed: thus the Pope at the time of general absolution grants an indulgence of five years to those who come from across the seas, and one of three years to those who come from across the mountains, to others an indulgence of one year. Nor does a person gain the indulgence each time he visits the church during the term of indulgence, because sometimes it is granted for a fixed time; thus when it is said, "Whoever visits such and such a church until such and such a day, shall gain so much indulgence," we must understand that it can be gained only once. on the other hand if there be a continual indulgence in a certain church, as the indulgence of forty days to be gained in the church of the Blessed Peter, then a person gains the indulgence as often as he visits the church.

  Reply to Objection 5: An indulgence requires a cause, not as a measure of the remission of punishment, but in order that the intention of those whose merits are applied, may reach to this particular individual. Now one person's good is applied to another in two ways: first, by charity; and in this way, even without indulgences, a person shares in all the good deeds done, provided he have charity: secondly, by the intention of the person who does the good action; and in this way, provided there be a lawful cause, the intention of a person who has done something for the profit of the Church, may reach to some individual through indulgences.

Article: 3  

Whether an indulgence ought to be granted for temporal help?

  Objection 1: It would seem that an indulgence ought not to be granted for temporal help. Because the remission of sins is something spiritual. Now to exchange a spiritual for a temporal thing is simony. Therefore this ought not to be done.

  Objection 2: Further, spiritual assistance is more necessary than temporal. But indulgences do not appear to be granted for spiritual assistance. Much less therefore ought they to be granted for temporal help.

  On the contrary, stands the common custom of the Church in granting indulgences for pilgrimages and almsgiving.

  I answer that, Temporal things are subordinate to spiritual matters, since we must make use of temporal things on account of spiritual things. Consequently an indulgence must not be granted for the sake of temporal matters as such, but in so far as they are subordinate to spiritual things: such as the quelling of the Church's enemies, who disturb her peace; or such as the building of a church, of a bridge, and other forms of almsgiving. It is therefore evident that there is no simony in these transactions, since a spiritual thing is exchanged, not for a temporal but for a spiritual commodity.

   Hence the Reply to the First Objection is clear.

  Reply to Objection 2: Indulgences can be, and sometimes are, granted even for purely spiritual matters. Thus Pope Innocent IV granted an indulgence of ten days to all who prayed for the king of France; and in like manner sometimes the same indulgence is granted to those who preach a crusade as to those who take part in it.

Question: 26  OF THOSE WHO CAN GRANT INDULGENCES (FOUR ARTICLES)

   We must now consider those who can grant indulgences: under which head there are four points of inquiry:

    (1) Whether every parish priest can grant indulgences?

    (2) Whether a deacon or another, who is not a priest, can grant indulgences?

    (3) Whether a bishop can grant them?

    (4) Whether they can be granted by one who is in mortal sin?
 
Article: 1 

Whether every parish priest can grant indulgences?

  Objection 1: It would seem that every parish priest can grant indulgences. For an indulgence derives its efficacy from the superabundance of the Church's merits. Now there is no congregation without some superabundance of merits. Therefore every priest, who has charge of a congregation, can grant indulgences, and, in like manner, so can every prelate.

  Objection 2: Further, every prelate stands for a multitude, just as an individual stands for himself. But any individual can assign his own goods to another and thus offer satisfaction for a third person. Therefore a prelate can assign the property of the multitude subject to him, and so it seems that he can grant indulgences.

  On the contrary, To excommunicate is less than to grant indulgences. But a parish priest cannot do the former. Therefore he cannot do the latter.

  I answer that, Indulgences are effective, in as much as the works of satisfaction done by one person are applied to another, not only by virtue of charity, but also by the intention of the person who did them being directed in some way to the person to whom they are applied. Now a person's intention may be directed to another in three ways, specifically, generically and individually. Individually, as when one person offers satisfaction for another particular person; and thus anyone can apply his works to another. Specifically, as when a person prays for the congregation to which he belongs, for the members of his household, or for his benefactors, and directs his works of satisfaction to the same intention: in this way the superior of a congregation can apply those works to some other person, by applying the intention of those who belong to his congregation to some fixed individual. Generically, as when a person directs his works for the good of the Church in general; and thus he who presides over the whole Church can communicate those works, by applying his intention to this or that individual. And since a man is a member of a congregation, and a congregation is a part of the Church, hence the intention of private good includes the intention of the good of the congregation, and of the good of the whole Church. Therefore he who presides over the Church can communicate what belongs to an individual congregation or to an individual man: and he who presides over a congregation can communicate what belongs to an individual man, but not conversely. Yet neither the first nor the second communication is called an indulgence, but only the third; and this for two reasons. First, because, although those communications loose man from the debt of punishment in the sight of God, yet he is not freed from the obligation of fulfilling the satisfaction enjoined, to which he is bound by a commandment of the Church; whereas the third communication frees man even from this obligation. Secondly, because in one person or even in one congregation there is not such an unfailing supply of merits as to be sufficient both for the one person or congregation and for all others; and consequently the individual is not freed from the entire debt of punishment unless satisfaction is offered for him individually, to the very amount that he owes. On the other hand, in the whole Church there is an unfailing supply of merits, chiefly on account of the merit of Christ. Consequently he alone who is at the head of the Church can grant indulgences. Since, however, the Church is the congregation of the faithful, and since a congregation of men is of two kinds, the domestic, composed of members of the same family, and the civil, composed of members of the same nationality, the Church is like to a civil congregation, for the people themselves are called the Church; while the various assemblies, or parishes of one diocese are likened to a congregation in the various families and services. Hence a bishop alone is properly called a prelate of the Church, wherefore he alone, like a bridegroom, receives the ring of the Church. Consequently full power in the dispensation of the sacraments, and jurisdiction in the public tribunal, belong to him alone as the public person, but to others by delegation from him. Those priests who have charge of the people are not prelates strictly speaking, but assistants, hence, in consecrating priests the bishop says: "The more fragile we are, the more we need these assistants": and for this reason they do not dispense all the sacraments. Hence parish priests, or abbots or other like prelates cannot grant indulgences.

   This suffices for the Replies to the Objections.
 
Article: 2 

Whether a deacon or another who is not a priest can grant an indulgence?

  Objection 1: It would seem that a deacon, or one that is not a priest cannot grant an indulgence. Because remission of sins is an effect of the keys. Now none but a priest has the keys. Therefore a priest alone can grant indulgences.

  Objection 2: Further, a fuller remission of punishment is granted by indulgences than by the tribunal of Penance. But a priest alone has power in the latter, and, therefore, he alone has power in the former.

  On the contrary, The distribution of the Church's treasury is entrusted to the same person as the government of the Church. Now this is entrusted sometimes to one who is not a priest. Therefore he can grant indulgences, since they derive their efficacy from the distribution of the Church's treasury.

  I answer that, The power of granting indulgences follows jurisdiction, as stated above (Question [25], Article [2]). And since deacons and others, who are not priests, can have jurisdiction either delegated, as legates, or ordinary, as bishops-elect, it follows that even those who are not priests can grant indulgences, although they cannot absolve in the tribunal of Penance, since this follows the reception of orders. This suffices for the Replies to the Objections, because the granting of indulgences belongs to the key of jurisdiction and not to the key of orders.
 
Article: 3  

Whether a bishop can grant indulgences?

  Objection 1: It would seem that even a bishop cannot grant indulgences. Because the treasury of the Church is the common property of the whole Church. Now the common property of the whole Church cannot be distributed save by him who presides over the whole Church. Therefore the Pope alone can grant indulgences.

  Objection 2: Further, none can remit punishments fixed by law, save the one who has the power to make the law. Now punishments in satisfaction for sins are fixed by law. Therefore the Pope alone can remit these punishments, since he is the maker of the law.

  On the contrary, stands the custom of the Church in accordance with which bishops grant indulgences.

  I answer that, The Pope has the plenitude of pontifical power, being like a king in his kingdom: whereas the bishops are appointed to a share in his solicitude, like judges over each city. Hence them alone the Pope, in his letters, addresses as "brethren," whereas he calls all others his "sons." Therefore the plenitude of the power of granting indulgences resides in the Pope, because he can grant them, as he lists, provided the cause be a lawful one: while, in bishops, this power resides subject to the Pope's ordination, so that they can grant them within fixed limits and not beyond.

   This suffices for the Replies to the Objections.
 
Article: 4 

Whether indulgences can be granted by one who is in mortal sin?

  Objection 1: It would seem that indulgences cannot be granted by one who is in mortal sin. For a stream can no longer flow if cut off from its source. Now the source of grace which is the Holy Ghost is cut off from one who is in mortal sin. Therefore such a one can convey nothing to others by granting indulgences.

  Objection 2: Further, it is a greater thing to grant an indulgence than to receive one. But one who is in mortal sin cannot receive an indulgence, as we shall show presently (Question [27], Article [1]). Neither, therefore, can he grant one.

  On the contrary, Indulgences are granted in virtue of the power conferred on the prelates of the Church. Now mortal sin takes away, not power but goodness. Therefore one who is in mortal sin can grant indulgences.

  I answer that, The granting of indulgences belongs to jurisdiction. But a man does not, through sin, lose jurisdiction. Consequently indulgences are equally valid, whether they be granted by one who is in mortal sin, or by a most holy person; since he remits punishment, not by virtue of his own merits, but by virtue of the merits laid up in the Church's treasury.

  Reply to Objection 1: The prelate who, while in a state of mortal sin, grants an indulgence, does not pour forth anything of his own, and so it is not necessary that he should receive an inflow from the source, in order that he may grant a valid indulgence.

  Reply to Objection 2: Further, to grant an indulgence is more than to receive one, if we consider the power, but it is less, if we consider the personal profit.

Question: 27  OF THOSE WHOM INDULGENCES AVAIL (FOUR ARTICLES)

   We must now consider those whom indulgences avail: under which head there are four points of inquiry:

    (1) Whether indulgences avail those who are in mortal sin?

    (2) Whether they avail religious?

    (3) Whether they avail a person who does not fulfill the conditions for which the indulgence is given?

    (4) Whether they avail him who grants them?

Article: 1

Whether an indulgence avails those who are in mortal sin?

  Objection 1: It would seem that an indulgence avails those who are in mortal sin. For one person can merit grace and many other good things for another, even though he be in mortal sin. Now indulgences derive their efficacy from the application of the saints' merits to an individual. Therefore they are effective in one who is in mortal sin.

  Objection 2: Further, the greater the need, the more room there is for pity. Now a man who is in mortal sin is in very great need. Therefore all the more should pity be extended to him by indulgence.

  On the contrary, A dead member receives no inflow from the other members that are living. But one who is in mortal sin, is like a dead member. Therefore he receives no inflow, through indulgences, from the merits of living members.

  I answer that, Some hold that indulgences avail those even who are in mortal sin, for the acquiring of grace, but not for the remission of their punishment, since none can be freed from punishment who is not yet freed from guilt. For he who has not yet been reached by God's operation unto the remission of guilt, cannot receive the remission of his punishment from the minister of the Church neither by indulgences nor in the tribunal of Penance.

   But this opinion seems to be untrue. Because, although those merits which are applied by means of an indulgence, might possibly avail a person so that he could merit grace (by way of congruity and impetration), yet it is not for this reason that they are applied, but for the remission of punishment. Hence they do not avail those who are in mortal sin, and consequently, true contrition and confession are demanded as conditions for gaining all indulgences. If however the merits were applied by such a form as this: "I grant you a share in the merits of the whole Church---or of one congregation, or of one specified person," then they might avail a person in mortal sin so that he could merit something, as the foregoing opinion holds.

   This suffices for the Reply to the First Objection.

  Reply to Objection 2: Although he who is in mortal sin is in greater need of help, yet he is less capable of receiving it.
 
Article: 2  

Whether indulgences avail religious?

  Objection 1: It would seem that indulgences do not avail religious. For there is no reason to bring supplies to those who supply others out of their own abundance. Now indulgences are derived from the abundance of works of satisfaction to be found in religious. Therefore it is unreasonable for them to profit by indulgences.

  Objection 2: Further, nothing detrimental to religious life should be done in the Church. But, if indulgences were to avail religious, this would be detrimental to regular discipline, because religious would become lax on account of indulgences, and would neglect the penances imposed in chapter. Therefore indulgences do not avail religious.

  On the contrary, Good brings harm to no man. But the religious life is a good thing. Therefore it does not take away from religious the profit to be derived from indulgences.

  I answer that, Indulgences avail both seculars and religious, provided they have charity and satisfy the conditions for gaining the indulgences: for religious can be helped by indulgences no less than persons living in the world.

  Reply to Objection 1: Although religious are in the state of perfection, yet they cannot live without sin: and so if at times they are liable to punishment on account of some sin, they can expiate this debt by means of indulgences. For it is not unreasonable that one who is well off absolutely speaking, should be in want at times and in some respect, and thus need to be supplied with what he lacks. Hence it is written (Gal. 6:2): "Bear ye one another's burdens."

  Reply to Objection 2: There is no reason why indulgences should be detrimental to religious observance, because, as to the reward of eternal life, religious merit more by observing their rule than by gaining indulgences; although, as to the remission of punishment, which is a lesser good, they merit less. Nor again do indulgences remit the punishment enjoined in chapter, because the chapter is a judicial rather than a penitential tribunal. hence even those who are not priests hold chapter. Absolution from punishment enjoined or due for sin is given in the tribunal of Penance.
 
Article: 3  

Whether an indulgence can ever be granted to one who does not fulfill the conditions required?

  Objection 1: It would seem that an indulgence can sometimes be granted to one who does not fulfill the required conditions. Because when a person is unable to perform a certain action his will is taken for the deed. Now sometimes an indulgence is to be gained by giving an alms, which a poor man is unable to do, though he would do so willingly. Therefore he can gain the indulgence.

  Objection 2: Further, one man can make satisfaction for another. Now an indulgence is directed to the remission of punishment, just as satisfaction is. Therefore one man can gain an indulgence for another; and so a man can gain an indulgence without doing that for which the indulgence is given.

  On the contrary, If the cause is removed, the effect is removed. If therefore a person fails to do that for which an indulgence is granted, and which is the cause of the indulgence, he does not gain the indulgence.

  I answer that, Failing the condition of a grant, no grant ensues. Hence, as an indulgence is granted on the condition that a person does or gives a certain thing, if he fails in this, he does not gain the indulgence.

  Reply to Objection 1: This is true of the essential reward, but not of certain accidental rewards, such as the remission of punishment and the like.

  Reply to Objection 2: A person can by his intention apply his own action to whomever he lists, and so he can make satisfaction for whomever he chooses. On the other hand, an indulgence cannot be applied to someone, except in accordance with the intention of the grantor. Hence, since he applies it to the doer or giver of a particular action or thing, the doer cannot transfer this intention to another. If, however, the indulgence were expressed thus: "Whosoever does this, or for whomsoever this is done, shall gain so much indulgence," it would avail the person for whom it is done. Nor would the person who does this action, give the indulgence to another, but he who grants the indulgence in this form.
 
Article: 4  

Whether an indulgence avails the person who grants it?

  Objection 1: It would seem that an indulgence does not avail him who grants it. For the granting of an indulgence belongs to jurisdiction. Now no one can exercise jurisdiction on himself. thus no one can excommunicate himself. Therefore no one can participate in an indulgence granted by himself.

  Objection 2: Further, if this were possible, he who grants an indulgence might gain the remission of the punishment of all his sins for some small deed, so that he would sin with impunity, which seems senseless.

  Objection 3: Further, to grant indulgences and to excommunicate belong to the same power. Now a man cannot excommunicate himself. Therefore he cannot share in the indulgence of which he is the grantor.

  On the contrary, He would be worse off than others if he could not make use of the Church's treasury which he dispenses to others.

  I answer that, An indulgence should be given for some reason, in order for anyone to be enticed by the indulgence to perform some action that conduces to the good of the Church and to the honor of God. Now the prelate to whom is committed the care of the Church's good and of the furthering of God's honor, does not need to entice himself thereto. Therefore he cannot grant an indulgence to himself alone; but he can avail himself of an indulgence that he grants for others, since it is based on a cause for granting it to them.

  Reply to Objection 1: A man cannot exercise an act of jurisdiction on himself, but a prelate can avail himself of those things which are granted to others by the authority of his jurisdiction, both in temporal and in spiritual matters: thus also a priest gives himself the Eucharist which he gives to others. And so a bishop too can apply to himself the suffrages of the Church which he dispenses to others, the immediate effect of which suffrages, and not of his jurisdiction, is the remission of punishment by means of indulgences.

   The Reply to the Second Objection is clear from what had been said.

  Reply to Objection 3: Excommunication is pronounced by way of sentence, which no man can pronounce on himself, for the reason that in the tribunal of justice the same man cannot be both judge and accused. On the other hand an indulgence is not given under the form of a sentence, but by way of dispensation, which a man can apply to himself.

Question: 28   OF THE SOLEMN RITE OF PENANCE (THREE ARTICLES)

   We must now consider the solemn rite of Penance: under which head there are three points of inquiry:

    (1) Whether a penance can be published or solemnized?

    (2) Whether a solemn penance can be repeated?

    (3) Whether public penance should be imposed on women?
 
Article: 1  

Whether a penance should be published or solemnized?

  Objection 1: It would seem that a penance should not be published or solemnized. Because it is not lawful for a priest, even through fear, to divulge anyone's sin, however notorious it may be. Now a sin is published by a solemn penance. Therefore a penance should not be solemnized.

  Objection 2: Further, the judgment should follow the nature of the tribunal. Now penance is a judgment pronounced in a secret tribunal. Therefore it should not be published or solemnized.

  Objection 3: Further, "Every deficiency is made good by penance" as Ambrose [*Cf. Hypognost. iii, among the spurious works ascribed to St. Augustine] states. Now solemnization has a contrary effect, since it involves the penitent in many deficiencies: for a layman cannot be promoted to the ranks of the clergy nor can a cleric be promoted to higher orders, after doing solemn penance. Therefore Penance should not be solemnized.

  On the contrary, Penance is a sacrament. Now some kind of solemnity is observed in every sacrament. Therefore there should be some solemnity in Penance.

   Further, the medicine should suit the disease. Now a sin is sometimes public, and by its example draws many to sin. Therefore the penance which is its medicine should also be public and solemn so as to give edification to many.

  I answer that, Some penances should be public and solemn for four reasons. First, so that a public sin may have a public remedy; secondly, because he who has committed a very grave crime deserves the greatest confusion even in this life; thirdly, in order that it may deter others; fourthly, that he may be an example of repentance, lest those should despair, who have committed grievous sins.

  Reply to Objection 1: The priest does not divulge the confession by imposing such a penance, though people may suspect the penitent of having committed some great sin. For a man is not certainly taken to be guilty, because he is punished, since sometimes one does penance for another: thus we read in the Lives of the Fathers of a certain man who, in order to incite his companion to do penance, did penance together with him. And if the sin be public, the penitent, by fulfilling his penance, shows that he has been to confession.

  Reply to Objection 2: A solemn penance, as to its imposition, does not go beyond the limits of a secret tribunal, since, just as the confession is made secretly, so the penance is imposed secretly. It is the execution of the penance, that goes beyond the limits of the secret tribunal: and there is nothing objectionable in this.

  Reply to Objection 3: Although Penance cancels all deficiencies, by restoring man to his former state of grace, yet it does not always restore him to his former dignity. Hence women after doing penance for fornication are not given the veil, because they do not recover the honor of virginity. In like manner, after doing public penance, a sinner does not recover his former dignity so as to be eligible for the clerical state and a bishop who would ordain such a one ought to be deprived of the power of ordaining, unless perhaps the needs of the Church or custom require it. In that case such a one would be admitted to minor orders by way of exception, but not to the sacred orders. First, on account of the dignity of the latter; secondly, for fear of relapse; thirdly, in order to avoid the scandal which the people might take through recollection of his former sins; fourthly, because he would not have the face to correct others, by reason of the publicity of his own sin.

Article: 2  

Whether a solemn penance can be repeated?

  Objection 1: It would seem that a solemn penance can be repeated. For those sacraments which do not imprint a character, can be solemnized a second time, such as the Eucharist, Extreme Unction and the like. But Penance does not imprint a character, therefore it can be solemnized over again.

  Objection 2: Further, penance is solemnized on account of the gravity and publicity of the sin. Now, after doing penance, a person may commit the same sins over again, or even more grievous sins. Therefore the solemn penance should be imposed again.

  On the contrary, Solemn penance signifies the expulsion of the first man from paradise. Now this was done but once. Therefore solemn penance should be imposed once only.

  I answer that, Solemn penance ought not to be repeated, for three reasons. First, lest frequency bring it into contempt. Secondly, on account of its signification; for it signifies the expulsion of the first man from paradise, which happened only once; thirdly, because the solemnization indicates, in a way, that one makes profession of continual repentance. Wherefore repetition is inconsistent with solemnization. And if the sinner fall again, he is not precluded from doing penance, but a solemn penance should not be imposed on him again.

  Reply to Objection 1: In those sacraments which are solemnized again and again, repetition is not inconsistent with solemnity, as it is in the present case. Hence the comparison fails.

  Reply to Objection 2: Although, if we consider his crime, he ought to do the same penance again, yet the repeated solemnization is not becoming, for the reasons stated above.
 
Article: 3  

Whether solemn penance should be imposed on women and clerics, and whether any priest can impose it?

  Objection 1: It would seem that solemn penance should not be imposed on women. Because, when this penance is imposed on a man, he has to cut his hair off. But this becomes not a woman, according to 1 Cor. 11:15. Therefore she should not do solemn penance.

  Objection 2: It also seems that it ought to be imposed on clerics. For it is enjoined on account of a grievous crime. Now the same sin is more grievous in a cleric than in a layman. Therefore it ought to be imposed on a cleric more than on a layman.

  Objection 3: It also seems that it can be imposed by any priest. Because to absolve in the tribunal of Penance belongs to one who has the keys. Now an ordinary priest has the keys. Therefore he can administer this penance.

  I answer that, Every solemn penance is public, but not vice versa. For solemn penance is done as follows: "On the first day of Lent, these penitents clothed in sackcloth, with bare feet, their faces to the ground, and their hair shorn away, accompanied by their priests, present themselves to the bishop of the city at the door of the church. Having brought them into the church the bishop with all his clergy recites the seven penitential psalms, and then imposes his hand on them, sprinkles them with holy water, puts ashes on their heads, covers their shoulders with a hairshirt, and sorrowfully announces to them that as Adam was expelled from paradise, so are they expelled from the church. He then orders the ministers to put them out of the church, and the clergy follow reciting the responsory: 'In the sweat of thy brow,' etc. Every year on the day of our Lord's Supper they are brought back into the church by their priests, and there shall they be until the octave day of Easter, without however being admitted to Communion or to the kiss of peace. This shall be done every year as long as entrance into the church is forbidden them. The final reconciliation is reserved to the bishop, who alone can impose solemn penance" [*Cap. lxiv, dist. 50].

   This penance can be imposed on men and women; but not on clerics, for fear of scandal. Nor ought such a penance to be imposed except for a crime which has disturbed the whole of the city.

   On the other hand public but not solemn penance is that which is done in the presence of the Church, but without the foregoing solemnity, such as a pilgrimage throughout the world with a staff. A penance of this kind can be repeated, and can be imposed by a mere priest, even on a cleric. Sometimes however a solemn penance is taken to signify a public one: so that authorities speak of solemn penance in different senses.

  Reply to Objection 1: The woman's hair is a sign of her subjection, a man's is not. Hence it is not proper for a woman to put aside her hair when doing penance, as it is for a man.

  Reply to Objection 2: Although in the same kind of sin, a cleric offends more grievously than a layman, yet a solemn penance is not imposed on him, lest his orders should be an object of contempt. Thus deference is given not to the person but to his orders.

  Reply to Objection 3: Grave sins need great care in their cure. Hence the imposition of a solemn penance, which is only applied for the most grievous sins, is reserved to the bishop.

EXTREME UNCTION (Questions [29]-33)

Question: 29   OF EXTREME UNCTION, AS REGARDS ITS ESSENCE AND INSTITUTION (NINE ARTICLES)

   We must now consider the sacrament of Extreme Unction: in respect of which five points have to be considered: (1) Its essentials and institution; (2) Its effect; (3) Its minister; (4) on whom should it be conferred and in what parts; (5) Its repetition.

   Under the first head there are nine points of inquiry:

    (1) Whether Extreme Unction is a sacrament?

    (2) Whether it is one sacrament?

    (3) Whether this sacrament was instituted by Christ?

    (4) Whether olive oil is a suitable matter for this sacrament?

    (5) Whether the oil ought to be consecrated?

    (6) Whether the matter of this sacrament should be consecrated by a bishop?

    (7) Whether this sacrament has any form?

    (8) Whether the form of this sacrament should take the shape of a deprecatory phrase?

    (9) Whether this is a suitable form for this sacrament?
 
Article: 1  

Whether Extreme Unction is a sacrament?

  Objection 1: It would seem that Extreme Unction is not a sacrament. For just as oil is used on sick people, so is it on catechumens. But anointing of catechumens with oil is not a sacrament. Therefore neither is the Extreme Unction of the sick with oil.

  Objection 2: Further, the sacraments of the Old Law were figures of the sacraments of the New Law. But there was no figure of Extreme Unction in the Old Law. Therefore it is not a sacrament of the New Law.

  Objection 3: Further, according to Dionysius (Eccl. Hier. iii, v) every sacrament aims at either cleansing, or enlightening, or perfecting. Now Extreme Unction does not aim at either cleansing, or enlightening, for this is ascribed to Baptism alone, or perfecting, for according to Dionysius (Eccl. Hier. ii), this belongs to Confirmation and the Eucharist. Therefore Extreme Unction is not a sacrament.

  On the contrary, The sacraments of the Church supply man's defects sufficiently with respect to every state of life. Now no other than Extreme Unction does this for those who are departing from this life. Therefore it is a sacrament.

   Further, the sacraments are neither more nor less than spiritual remedies. Now Extreme Unction is a spiritual remedy, since it avails for the remission of sins, according to James 5:15. Therefore it is a sacrament.

  I answer that, Among the visible operations of the Church, some are sacraments, as Baptism, some are sacramentals, as Exorcism. The difference between these is that a sacrament is an action of the Church that reaches to the principal effect intended in the administration of the sacraments, whereas a sacramental is an action which, though it does not reach to that effect, is nevertheless directed towards that principal action. Now the effect intended in the administration of the sacraments is the healing of the disease of sin: wherefore it is written (Is. 27:9): "This is all the fruit, that the sin . . . should be taken away." Since then Extreme Unction reaches to this effect, as is clear from the words of James, and is not ordained to any other sacrament as an accessory thereto, it is evident that Extreme Unction is not a sacramental but a sacrament.

  Reply to Objection 1: The oil with which catechumens are anointed does not convey the remission of sins to them by its unction, for that belongs to Baptism. It does, however, dispose them to receive Baptism, as stated above (TP, Question [71], Article [3]). Hence that unction is not a sacrament as Extreme Unction is.

  Reply to Objection 2: This sacrament prepares man for glory immediately, since it is given to those who are departing from this life. And as, under the Old Law, it was not yet time to enter into glory, because "the Law brought nobody [Vulg.: 'nothing'] to perfection" (Heb. 7:19), so this sacrament had not to be foreshadowed therein by some corresponding sacrament, as by a figure of the same kind. Nevertheless it was somewhat foreshadowed remotely by all the healings related in the Old Testament.

  Reply to Objection 3: Dionysius makes no mention of Extreme Unction, as neither of Penance, nor of Matrimony, because he had no intention to decide any question about the sacraments, save in so far as they serve to illustrate the orderly disposition of the ecclesiastical hierarchy, as regards the ministers, their actions, and the recipients. Nevertheless since Extreme Unction confers grace and remission of sins, there is no doubt that it possesses an enlightening and cleansing power, even as Baptism, though not so copious.

Article: 2  

Whether Extreme Unction is one sacrament?

  Objection 1: It would seem that Extreme Unction is not one sacrament. Because the oneness of a thing depends on its matter and form, since being and oneness are derived from the same source. Now the form of this sacrament is said several times during the one administration, and the matter is applied to the person anointed in respect of various parts of his body. Therefore it is not one sacrament.

  Objection 2: Further, the unction itself is a sacrament, for it would be absurd to say that the oil is a sacrament. But there are several unctions. Therefore there are several sacraments.

  Objection 3: Further, one sacrament should be performed by one minister. But the case might occur that Extreme Unction could not be conferred by one minister: thus if the priest die after the first unction, another priest would have to proceed with the others. Therefore Extreme Unction is not one sacrament.

  On the contrary, As immersion is in relation to Baptism, so is unction to this sacrament. But several immersions are but one sacrament of Baptism. Therefore the several unctions in Extreme Unction are also one sacrament.

   Further, if it were not one sacrament, then after the first unction, it would not be essential for the perfection of the sacrament that the second unction should be performed, since each sacrament has perfect being of itself. But that is not true. Therefore it is one sacrament.

  I answer that, Strictly speaking, a thing is one numerically in three ways. First, as something indivisible, which is neither actually nor potentially several---as a point, and unity. Secondly, as something continuous, which is actually one, but potentially several---as a line. Thirdly, as something complete, that is composed of several parts---as a house, which is, in a way, several things, even actually, although those several things go together towards making one. In this way each sacrament is said to be one thing, in as much as the many things which are contained in one sacrament, are united together for the purpose of signifying or causing one thing, because a sacrament is a sign of the effect it produces. Hence when one action suffices for a perfect signification, the unity of the sacrament consists in that action only, as may be seen in Confirmation. When, however, the signification of the sacrament can be both in one and in several actions, then the sacrament can be complete both in one and in several actions, even as Baptism in one immersion and in three, since washing which is signified in Baptism, can be completed by one immersion and by several. But when the perfect signification cannot be expressed except by means of several actions, then these several actions are essential for the perfection of the sacrament, as is exemplified in the Eucharist, for the refreshment of the body which signifies that of the soul, can only be attained by means of meat and drink. It is the same in this sacrament, because the healing of the internal wounds cannot be perfectly signified save by the application of the remedy to the various sources of the wounds. Hence several actions are essential to the perfection of this sacrament.

  Reply to Objection 1: The unity of a complete whole is not destroyed by reason of a diversity of matter or form in the parts of that whole. Thus it is evident that there is neither the same matter nor the same form in the flesh and in the bones of which one man is composed. In like manner too, in the sacrament of the Eucharist, and in this sacrament, the diversity of matter and form does not destroy the unity of the sacrament.

  Reply to Objection 2: Although those actions are several simply, yet they are united together in one complete action, viz. the anointing of all the external senses, whence arises the infernal malady.

  Reply to Objection 3: Although, in the Eucharist, if the priest die after the consecration of the bread, another priest can go on with the consecration of the wine, beginning where the other left off, or can begin over again with fresh matter, in Extreme Unction he cannot begin over again, but should always go on, because to anoint the same part a second time would produce as much effect as if one were to consecrate a host a second time, which ought by no means to be done. Nor does the plurality of ministers destroy the unity of this sacrament, because they only act as instruments, and the unity of a smith's work is not destroyed by his using several hammers.
 
Article: 3 

Whether this sacrament was instituted by Christ?

  Objection 1: It would seem that this sacrament was not instituted by Christ. For mention is made in the Gospel of the institution of those sacraments which Christ instituted, for instance the Eucharist and Baptism. But no mention is made of Extreme Unction. Therefore it was not instituted by Christ.

  Objection 2: Further, the Master says explicitly (Sent. iv, D, 23) that it was instituted by the apostles. Therefore Christ did not institute it Himself.

  Objection 3: Further, Christ showed forth the sacraments which He instituted, as in the case of the Eucharist and Baptism. But He did not bestow this sacrament on anyone. Therefore He did not institute it Himself.

  On the contrary, The sacraments of the New Law are more excellent than those of the Old Law. But all the sacraments of the Old Law were instituted by God. Therefore much more do all the sacraments of the New Law owe their institution to Christ Himself.

   Further, to make an institution and to remove it belongs to the same authority. Now the Church, who enjoys the same authority in the successors of the apostles, as the apostles themselves possessed, cannot do away with the sacrament of Extreme Unction. Therefore the apostles did not institute it, but Christ Himself.

  I answer that, There are two opinions on this point. For some hold that this sacrament and Confirmation were not instituted by Christ Himself, but were left by Him to be instituted by the apostles; for the reason that these two sacraments, on account of the plenitude of grace conferred in them, could not be instituted before the mission of the Holy Ghost in perfect plenitude. Hence they are sacraments of the New Law in such a way as not to be foreshadowed in the Old Law. But this argument is not very cogent, since, just as Christ, before His Passion, promised the mission of the Holy Ghost in His plenitude, so could He institute these sacraments.

   Wherefore others hold that Christ Himself instituted all the sacraments, but that He Himself published some, which present greater difficulty to our belief, while he reserved some to be published by the apostles, such as Extreme Unction and Confirmation. This opinion seems so much the more probable, as the sacraments belong to the foundation of the Law, wherefore their institution pertains to the lawgiver; besides, they derive their efficacy from their institution, which efficacy is given them by God alone.

  Reply to Objection 1: Our Lord did and said many things which are not related in the Gospel. For the evangelists were intent on handing down chiefly those things that were necessary for salvation or concerned the building of the ecclesiastical edifice. Hence they related the institution by Christ of Baptism, Penance, the Eucharist and orders, rather than of Extreme Unction and Confirmation, which are not necessary for salvation, nor do they concern the building or division of the Church. As a matter of fact however an anointing done by the apostles is mentioned in the Gospel (Mk. 6:13) where it is said that they "anointed the sick with oil."

  Reply to Objection 2: The Master says it was instituted by the apostles because its institution was made known to us by the teaching of the apostles.

  Reply to Objection 3: Christ did not show forth any sacrament except such as He received by way of example: but He could not be a recipient of Penance and Extreme Unction, since there was no sin in Him: hence He did not show them forth.
 
Article: 4

Whether olive oil is a suitable matter for this sacrament?

  Objection 1: It would seem that olive oil is not a suitable matter for this