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[GB-CL]Book 4.5

 
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MessagePosté le: Lun Sep 09, 2019 11:25 am    Sujet du message: [GB-CL]Book 4.5 Répondre en citant

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    ........
    In medio stat Virtus
    Apostolic Constitution « Virtue stands in the middle ».
    - Suite -






    Book 4 : The Church Justice



    Part V : Penalties and penances


    In his apostolic duty, the Holy Church is responsible for the salvation of the souls of the faithful of God. Like a loving mother, she cares about raising her children and to protect them from even greater harm, she sometimes has to act with firmness and discipline. Every punishment or sanction towards a faithful is a work of charity and education aimed at allowing him to become aware of his errors, to make amends and to do penance.

    Section A :The nature of sentences and penances


    Generalities

    Article 1 : The Church has the inherent and inherent right to compel by criminal sanctions the delinquent faithful.

    Article 2 :The sentences are subdivided into medicinal penalties and expiatory penalties.

    Article 3 : In addition penances can be used to replace a sentence or increase it.

    Article 4 : Ordinarily the sentence is ferendae sententiae, so that it does not reach the culprit until it has been inflicted by the competent ecclesiastical authority.

    Article 5 : Because of its seriousness the sentence can belatae sententiae,so that it is incurred by the very fact of the commission of the offense; in this case the ecclesiastical authority has only to verify its execution.


    Section B : Medicinal penalties


    Generalities

    Article 6 : As well as a medicine with bodily disease, the medicinal penalties have the end of the amendment of the faithful delinquent and to have it removed from its illicit conduct.

    Article 7 : Medicinal penalties are the most serious that can be imposed on a faithful.

    Article 8 : Medicinal sentences are excommunication, forbidden and suspense a divinis.


    Excommunication

    Article 9 : An excommunication is understood to mean an extraordinary disciplinary sanction taken by the competent ecclesiastical authority for a faithful or a group of the faithful.

    Article 10 : The pronunciation of the excommunication is due to a serious and persistent action contrary to Dogma, Doctrine and Canon Law as well as a hostile and rebellious attitude against the ecclesiastical authority.

    Article 11 : The pronunciation of excommunication is the exclusive prerogative of the Sovereign Pontiff and the Cardinals.

    Article 12 : The Pontifical Consistories are empowered to pronounce excommunication against a faithful of the geodogmatic zone for which they are responsible.

    Article 13 : The Sovereign Pontiff and the Cardinals of the Sacred College are empowered to pronounce excommunication against any Aristotelian faithful.

    Article 14 : The Grand Inquisitor Major and the Grand Inquisitor are empowered to pronounce excommunication against a believer found guilty at the courts of the Holy Inquisition.

    Article 15 : Every ecclesiastical authority is entitled to demand the pronunciation of excommunication from any Aristotelian believer found guilty at his courts.

      e.g. : Each pronunciation of the excommunication must be approved by the Sacred College of Cardinals.

    Article 16 : Each excommunication must be communicated and recorded in the register managed by the Office of Index and dependent on the Pontifical Chancellery. It will be withdrawn after each release, but will be kept in the archives.

    Article 17 : Excommunication excludes the person at fault from the Communion of Saints and Aristotelian Friendship. She is therefore deprived of Mass and Sacraments, can not access or be buried in a sacred place and can not reach the Solar Paradise.

    Article 18 : Excommunication with anathema is a more serious form of excommunication which implies the exclusion of the Church herself. It can only be pronounced by the Sovereign Pontiff and the Sacred College of Cardinals.

    Article 19 : In addition, to ensure orthodoxy and harmony within the Aristotelian community, every believer is obliged to avoid the excommunicated person and to deny any assistance, whether material or moral.

    Article 20 : Excommunication latae sententiae can only be pronounced for schismatic actions, aggression against the Sovereign Pontiff or any crime for which it is intended.

    Article 21 : Excommunication is lifted only after the absolution and reparation of the faults committed and the reconciliation of the penitent with God and the Holy Church through the sacrament of confession and the accomplishment of his penance.

    Article 22 : The lifting of excommunication entails the recovery of the rights of the baptized. The faithful is therefore reintegrated into the Aristotelian community and has access to masses, sacraments and concordat rights.


    The ban

    Article 23 : Prohibited is an extraordinary disciplinary sanction taken by the competent ecclesiastical authority for a faithful or group of the faithful.

    Article 24 : The prohibition is due to a persistent action contrary to Dogma, Doctrine and Canon Law as well as a hostile and rebellious attitude against the ecclesiastical authority.

    Article 26 : The prohibition is the prerogative of the episcopal seats against a faithful of the diocese. Their jurisdiction being territorial and inscribed within the diocesan limits, the sanction can be attributed only to a national of the parishes of the diocese.

    Article 27 : By delegation of the Sovereign Pontiff, the Congregation of the Holy Inquisition is empowered to ban any Aristotelian believer found guilty in his courts. Its jurisdiction being universal, it does not submit to the diocesan territorial limits.

    Article 28 : Each prohibition must be communicated and registered in the register managed by the Office of Index and dependent on the pontifical Chancellery. It will be withdrawn after each release, but will be kept in the archives.

    Article 29 : The prohibition suspends the person at fault of his baptized rights. He is therefore deprived of Mass and Sacraments for the duration of his banishment. Idem, and according to particular concordat clauses, the guilty person is suspended temporal rights dependent.

    Article 30 : Since a prohibition always comes under a particular jurisdiction, it can only be lifted by the competent ecclesiastical authority that has decided to seize its disciplinary rights.

    Article 31 : The prohibition has a conservatory character. It is not definitive but is effective throughout the duration of the suspension until the lifting of the sanction.

    Article 32 : The prohibition is definitively lifted after the absolution of the faults committed and the reconciliation of the penitent with God and the Holy Church through the sacrament of confession and the accomplishment of his penance.

    Article 33 : The lifting of the prohibition entails the recovery of the baptized rights. The faithful is therefore reintegrated into the Aristotelian community and has access to masses, sacraments and concordat rights.


    The suspense has divinis

    Article 34 : Suspense a divinis an extraordinary disciplinary sanction, equivalent to the prohibition, taken by the competent ecclesiastical authority to an ordained or unordered cleric.

    Article 35 : The pronunciation of suspense a divinis
    is the prerogative of episcopal seats against a cleric of the diocese. Their jurisdiction being territorial and inscribed within the diocesan limits, the sanction can be attributed only to a national of the parishes of the diocese.

    Article 36 : By delegation of the Sovereign Pontiff, it is the prerogative of the Apostolic Penitentiary, the Roman Rota and the Supreme Tribunal of the Apostolic Signature to pronounce the suspensea divinis against faulty clerics. A clerk under investigation may be suspended during the proceedings.

    Article 37 : Every suspense a divinis must be communicated and registered in the register managed by the Office of Index and dependent on the pontifical Chancellery. It will be withdrawn after each release, but will be kept in the archives.

    Article 38 : The suspense a divinis suspends the faulty cleric from his pastoral or apostolic office. It is therefore forbidden for him to celebrate mass, to distribute the sacraments, to occupy an ecclesiastical office and to speak in the name of the Church for the duration of his suspense.

    Article 39 : The lifting of suspense a divinis
    entails the recovery of pastoral or apostolic rights. The cleric is thus reinstated within the Aristotelian Clergy and can once again celebrate the Mass, distribute sacraments, occupy a clerical office and speak on behalf of the Church.


    Section C : Expiatory sentences


    Generalities

    Article 40 : Expiatory penalties have the purpose of punishing the faithful offender to restore justice and promote his repentance.

    Article 41 : Les peines expiatoires peuvent être appliqués à perpétuité, pour un temps fixé d'avance ou un temps indéterminé.

    Article 42 : Expiatory sentences are expressed in a manner proportional to the particular conditions of the culprit and the seriousness of the fault.

    Article 43 : Any competent ecclesiastical authority is free to decide the expiatory penalty to be submitted within the limits of proportionality and local and universal norms.

      e.g. : For local and universal norms we mean those emanated, respectively, by the competent Pontifical Consistory and by the Sacred College of Cardinals or by the Congregation of the Holy Inquisition.

    Article 44 : The only ecclesiastical authority competent to impose expiatory sentences is the competent court for the offense in question.

    Article 45 : The necessary expiatory penalties are as follows:

      - the order to remain in a given place or territory;
      - Forced transfer to another office;
      - the deprivation of a power, an office, a charge, a right, a privilege, a faculty, a favor, a title;
      - Prohibition of the exercise of a power, office, office, right, privilege, faculty, favor or doing so in or out of a given place;
      - The reduction to the lay state
      - Prohibition of marriage or remarriage;


    Section D : Penences


    Generalities

    Article 46 : Penance consists in the accomplishment of a work of religion, piety or charity.

    Article 47 : Penance is expressed in a manner proportional to the particular conditions of the culprit and the seriousness of the fault.

    Article 48 : Where it is applied in replacement or increase, penance is an indispensable condition for the lifting of the principal sentence.

    Article 49 : Any competent ecclesiastical authority is free to decide on the penance to be submitted within the limits of proportionality.

    Article 50 : Particular penances can be established by local and universal norms.

      e.g : For local and universal norms we mean those emanated, respectively, by the competent Pontifical Consistory and by the Sacred College of Cardinals or by the Congregation of the Holy Inquisition.


    Section E : Sanctions outside the Aristotelian community


    Generalities

    Article 51 : When dogma and orthodoxy are severely denied with a serious disruption of the community of the faithful, the Holy Church can act against infidels with exceptional sanctions.


    Raising a ban

    Article 52 : Banishment means an exceptional sanction taken by the competent ecclesiastical authority for a person outside the Aristotelian community.

    Article 53 : The banishment has for cause a persistent action contrary to the Dogma, the Doctrine as well as a hostile and rebellious attitude against the ecclesiastical authority, which causes a serious disturbance of the community of the faithful.

    Article 54 : Banishment is the prerogative of episcopal seats against a person outside the Aristotelian community residing in the territory of the diocese. Their jurisdiction being territorial and inscribed within the diocesan limits, the sanction can be attributed only to a national of the parishes of the diocese.

    Article 55 : By delegation of the Sovereign Pontiff, the Congregation of the Holy Inquisition is empowered to ban anyone outside the Aristotelian community found guilty in its courts. Its jurisdiction being universal, it does not submit to the diocesan territorial limits.

    Article 56 : Each ban must be communicated and registered in the register managed by the Office of Index and dependent on the pontifical Chancellery. It will be withdrawn after each release, but will be kept in the archives.

    Article 57 : Banning excludes ab imisthe faulty person in the Aristotelian community and the Church. He is deprived of Mass and sacraments, especially baptism, for the duration of her banishment.

    Article 58 : In addition, to ensure orthodoxy and harmony within the Aristotelian community, every believer is obliged to avoid the person being banished and to deny him any help, whether material or moral.

    Article 59 : Banishment is lifted after the absolution of the faults committed and the reconciliation of the penitent with God and the Holy Church, following the recognition of the truth of Dogma and the abiuration of disruptive actions.

    Article 60 : The lifting of the ban leads to the recovery of the possibility of joining the community of the faithful.




    Canonical text on "La Vertu stands in the middle",
    Given in Rome under the pontificate of the Most Holy Father Innocent VIII, on the thirtieth day of March, on Friday, of the year of grace MCDLXVI.

    Published by His Eminence Hull of Northshire, Archidiaconus, the thirtieth day of March, on Friday, of the year of grace MCDLXVI.


_________________

Cardinal-Deacon of the British Isles -Bishop In Partibus of Lamia - Prefect to the Villa of St.Loyat - Expert to the pontificial collages of Heraldry - Assessor to the Developing Churches
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