Latae sententiae
Encyclopedia
Latæ sententiæ is a Latin
term used in the canon law
of the Catholic Church meaning literally "given (already passed) sentence".
Officially, a latae sententiae penalty follows automatically, by force of the law itself, when the law is contravened.
A latæ sententiæ penalty may be either one of excommunication
, interdict
, or suspension. Excommunication prohibits the exercise of certain baptismal rights, and may involve restrictions on participation in liturgical events and church governance, and the reception of church benefits.
An interdict involves the same liturgical restrictions as excommunication, but does not affect participation in Church governance. Suspension, which affects only members of the clergy, affects all or some acts of power of orders, governance, or functions attached to an office.
In the code of Roman Catholic canon law currently in force, there are eight instances when a person may incur excommunication latæ sententiæ. Unless the excusing circumstances outlined in canons 1321-1330 are verified, the following persons incur excommunication latæ sententiæ:
Various other persons incur excommunication latae sententiae by papal decree, including:
Some instances in which one incurs interdict latae sententiae include the following:
If the ecclesiastical authority notices someone incurring what it considers a latae sententiae penalty, it may declare that the person has done so. However, the penalty (excommunication, interdiction, or suspension) is in effect since the perceived fault was committed, and the declaration simply asserts what the Church considers a fact. However, once the excommunication has been declared, the effects are more severe, as indicated in canon 1331 §2.
A latae sententiae penalty differs from a ferendæ sententiæ (sentence to be passed). If one commits an ecclesiastical offense for which a ferendae sententiae punishment is prescribed, the penalty will only take effect when imposed by the competent ecclesiastical authority.
Note that latae sententiae is an adjectival
phrase accompanying a noun
, such as "excommunication". In connection with a verb
, the corresponding adverb
ial phrase is in ablative absolute form, as in: "He was excommunicated lata sententia."
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
term used in the canon law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
of the Catholic Church meaning literally "given (already passed) sentence".
Officially, a latae sententiae penalty follows automatically, by force of the law itself, when the law is contravened.
A latæ sententiæ penalty may be either one of excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
, interdict
Interdict (Roman Catholic Church)
In Roman Catholic canon law, an interdict is an ecclesiastical censure that excludes from certain rites of the Church individuals or groups, who nonetheless do not cease to be members of the Church.-Distinctions in canon law:...
, or suspension. Excommunication prohibits the exercise of certain baptismal rights, and may involve restrictions on participation in liturgical events and church governance, and the reception of church benefits.
An interdict involves the same liturgical restrictions as excommunication, but does not affect participation in Church governance. Suspension, which affects only members of the clergy, affects all or some acts of power of orders, governance, or functions attached to an office.
In the code of Roman Catholic canon law currently in force, there are eight instances when a person may incur excommunication latæ sententiæ. Unless the excusing circumstances outlined in canons 1321-1330 are verified, the following persons incur excommunication latæ sententiæ:
- an apostate from the faith, a hereticHeresyHeresy is a controversial or novel change to a system of beliefs, especially a religion, that conflicts with established dogma. It is distinct from apostasy, which is the formal denunciation of one's religion, principles or cause, and blasphemy, which is irreverence toward religion...
, or a schismSchism (religion)A schism , from Greek σχίσμα, skhísma , is a division between people, usually belonging to an organization or movement religious denomination. The word is most frequently applied to a break of communion between two sections of Christianity that were previously a single body, or to a division within...
atic; - a person who throws away the consecrated Eucharistic species or takes and retains them for a sacrilegious purpose;
- a person who uses physical force against the PopePopeThe Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
; - a priest who uses confessionConfessionThis article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
as a pretext to solicit the confessor to break the commandment against adulteryTen CommandmentsThe Ten Commandments, also known as the Decalogue , are a set of biblical principles relating to ethics and worship, which play a fundamental role in Judaism and most forms of Christianity. They include instructions to worship only God and to keep the Sabbath, and prohibitions against idolatry,...
; - a bishopBishop (Catholic Church)In the Catholic Church, a bishop is an ordained minister who holds the fullness of the sacrament of Holy Orders and is responsible for teaching the Catholic faith and ruling the Church....
who ordains someone a bishopAppointment of Catholic bishopsThe appointment of bishops in the Catholic Church is a complicated process. Outgoing bishops, neighbouring bishops, the faithful, the apostolic nuncio, various members of the Roman Curia, and the pope all have a role in the selection...
without a pontifical mandate, and the person who receives the ordination from him, unless the ordaining bishop and the ordinand are acting under grave (even relatively grave) fear-such as coercion, or truly believe in their conscience there is a serious inconvenience or grave necessity, though in any case the action remains a grave crime against canon law; - a confessor who directly violates the sacramental seal of confessionSeal of the ConfessionalIn the Roman Catholic Church, the Seal of Confession is the absolute duty of priests not to disclose anything that they learn from penitents during the course of the Sacrament of Penance.-History:...
; - a person who procures a completed abortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
; and - accomplices who are not named in a law prescribing latae sententiae excommunication but without whose assistance the violation of the law would not have been committed.
- a Catholic who is a convinced member of FreemasonryFreemasonryFreemasonry is a fraternal organisation that arose from obscure origins in the late 16th to early 17th century. Freemasonry now exists in various forms all over the world, with a membership estimated at around six million, including approximately 150,000 under the jurisdictions of the Grand Lodge...
, "notoriously" adhering to the Masonic vision, may in some cases be considered excommunicated latae sententiae if such membership is used to "plot against the Church" under some interpretations of Canon 1374:.
- One who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or moderates such an association, however, is to be punished with an interdictInterdictThe term Interdict may refer to:* Court order enforcing or prohibiting a certain action* Injunction, such as a restraining order...
. - Canon 1374 of the Code of Canon Law
Various other persons incur excommunication latae sententiae by papal decree, including:
- a person who violates the secrecy of a papal election, or who interferes with it by means such as simonySimonySimony is the act of paying for sacraments and consequently for holy offices or for positions in the hierarchy of a church, named after Simon Magus , who appears in the Acts of the Apostles 8:9-24...
; - a woman who simulates ordination as a priest or a bishop who simulates the ordination of a woman as a priest.
Some instances in which one incurs interdict latae sententiae include the following:
- using physical force against a bishop;
- attempting to preside at Eucharist, or giving sacramentalSacrament of Penance (Catholic Church)In the teachings of the Roman Catholic Church, the Sacrament of Penance and Reconciliation is the method by which individual men and women may be freed from sins committed after receiving the sacrament of Baptism...
absolutionAbsolutionAbsolution is a traditional theological term for the forgiveness experienced in the Sacrament of Reconciliation. This concept is found in the Roman Catholic Church, as well as the Eastern Orthodox churches, the Anglican churches, and most Lutheran churches....
, when not a priest; - falsely denouncing a confessor for soliciting a penitent to sin against the commandment against adultery; and
- a perpetually professedProfession (religious)The term religious profession is defined in the 1983 Code of Canon Law of the Roman Catholic Church in relation to members of religious institutes as follows:By religious profession members make a public vow to observe the three evangelical counsels...
religiousReligious orderA religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. The order is composed of initiates and, in some...
who attempts marriage.
If the ecclesiastical authority notices someone incurring what it considers a latae sententiae penalty, it may declare that the person has done so. However, the penalty (excommunication, interdiction, or suspension) is in effect since the perceived fault was committed, and the declaration simply asserts what the Church considers a fact. However, once the excommunication has been declared, the effects are more severe, as indicated in canon 1331 §2.
A latae sententiae penalty differs from a ferendæ sententiæ (sentence to be passed). If one commits an ecclesiastical offense for which a ferendae sententiae punishment is prescribed, the penalty will only take effect when imposed by the competent ecclesiastical authority.
Note that latae sententiae is an adjectival
Adjective
In grammar, an adjective is a 'describing' word; the main syntactic role of which is to qualify a noun or noun phrase, giving more information about the object signified....
phrase accompanying a noun
Noun
In linguistics, a noun is a member of a large, open lexical category whose members can occur as the main word in the subject of a clause, the object of a verb, or the object of a preposition .Lexical categories are defined in terms of how their members combine with other kinds of...
, such as "excommunication". In connection with a verb
Verb
A verb, from the Latin verbum meaning word, is a word that in syntax conveys an action , or a state of being . In the usual description of English, the basic form, with or without the particle to, is the infinitive...
, the corresponding adverb
Adverb
An adverb is a part of speech that modifies verbs or any part of speech other than a noun . Adverbs can modify verbs, adjectives , clauses, sentences, and other adverbs....
ial phrase is in ablative absolute form, as in: "He was excommunicated lata sententia."
See also
- VitandusVitandusA vitandus excommunicate was someone affected by a rare and grave form of excommunication, in which the Church ordered, as a remedial measure, that the faithful were not to associate with him "except in the case of husband and wife, parents, children, servants, subjects", and in general unless...
, a severe form of ferendae sententiae excommunication in use in the past