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Author Topic: Excommunicated: Fathers Cekada, Dolan, Jenkins, Kelly and Sanborn ?  (Read 2651 times)

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Offline Ladislaus

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  • Property matters are not included. It seems the canon specifically talks about office and religious matters being put before a civil court.

    I don't see that in the Canon anywhere.  Could you please explain?  To me it just says you cannot take them before civil courts period.

    Perhaps there's a commentary on the Code of Canon Law that says it only applies to bishops who actively hold (at least titular) sees, but +Lefebvre had already resigned his regular see (Tulle) and his Titular one before this.  To me it would seem that the mind of the Church has to do with the fact that only the Church can judge Church leaders, and that it would apply to all bishops in good standing.

    Whether or not they technically violated Canon Law to the point of excommunication, they certainly violated the spirit of the law and the behavior was inappropriate.

    Offline Ladislaus

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  • “Whoever summons a bishop before a civil court incurs, by that very fact, an excommunication reserved in a special manner to the Apostolic See.”

    Canon 2341 (1917 CIC)

    Was this oversimplified mistranslation deliberate?  Cardinals, Abbots, or your own Ordinary is reserved in special mode, but other bishops, even titular, would be simple reserved.


    Offline Freind

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  • I don't see that in the Canon anywhere.  Could you please explain?  To me it just says you cannot take them before civil courts period.

    Perhaps there's a commentary on the Code of Canon Law that says it only applies to bishops who actively hold (at least titular) sees, but +Lefebvre had already resigned his regular see (Tulle) and his Titular one before this.  To me it would seem that the mind of the Church has to do with the fact that only the Church can judge Church leaders, and that it would apply to all bishops in good standing.

    Whether or not they technically violated Canon Law to the point of excommunication, they certainly violated the spirit of the law and the behavior was inappropriate.

    I'm referring to "ob negotia ad eorum munus pertinentia"      "for matters pertaining to their duties"






    Offline Ridgefield

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  • Was this oversimplified mistranslation deliberate?  Cardinals, Abbots, or your own Ordinary is reserved in special mode, but other bishops, even titular, would be simple reserved.
    Qui Episcopum ad civile tribunal vocat, ipso facto excommunicatione speciali modo Sedi Apostolicae reservata plectitur.

    Canon 2341 assigns a single penalty, excommunicatione speciali modo Sedi Apostolicae reservata, for summoning any bishop before a civil court, and unlike Canons 2331 or 2343 it contains no hierarchical distinctions whatsoever, making your claim of a “lesser reservation” simply incompatible with the text.