Finally public penance practically ceased, and the exclusion from the sacraments became regularly (as it had been exceptionally) an independent measure of discipline, becoming known as the lesser excom munication, while the old exclusion from all blessings and graces of the Church was called the greater. In the view of the canon law these form the general means used by the ecclesiastical body for the maintenance of its discipline. Both pre suppose a cause which is both public and grave.
None can be excommunicated but living, baptized persons who have the use of reason. The bisl_flp has the right of excommunication over those who belong to his diocese, though his sentence is valid also outside of it; a prelate with quasiepiscopal jurisdiction, such as a papal legate, has it in the territory for which he is commissioned; and the pope for the Church at large. The power of recon ciliation is vested in the same person, and it requires as a condition the promise of obedience for the future. Excommunication is either juris or hominis, i.e., prescribed by law or pronounced at the decision of an authorized person in a case not explicitly covered by the law. It is divided again into excommunicatio latce sententice, where it takes effect ipso facto upon the commission of a specified offense, or ferendtr sententice, where it follows an express judicial de cision. The latter class requires two warnings at least. Ignorance of the law excuses from the former, and to be effective it must be definitely proclaimed. The lesser excommunication deprives a person of the sacraments; the greater cuts him off from all rights-the mass may not be celebrated in his presence, he can not hold a bene fice., exercise jurisdiction, or take part in an eccle siastical election, and Christian burial is denied him; intercourse with the faithful is prohibited except in certain specified cases. Since the time of Gregory
IX. the term Anathema (q.v.) has been applied to the solemn declaration of the greater excommuni cation (cf. the form in the Pontifecale Ilomanurrt).
The canon law expects that the State will give effect on its side to the social consequences of exclusion from Christian fellowship. The extent to which the civil governments of the Middle .ages were subservient to the power of the Church over society may be seen in the way they responded to such appeals; thus the Emperor Frederick lI. in 1213 and 1219 and Henry VII. in 1230 expressed their willingness to inflict the ban of the Empire upon any excommunicated offender who was still recalcitrant at the end of six weeks after his sentence. These conditions prevailed down to the Reformation; but in the countries where it prevailed a great change took place. The greater excommunication, as being a secular punishment, was not recognized by the
Bibliography: Gingham, Origines, books xvi.-xvii.; E. Martbne, De antiquis eccleaice ritibua, 3 vols., Antwerp, 1736-37; N. Marshall, Penitential Discipline, London, 1714, Oxford, 1844; F. Kober, Der Kirchenlxinn, T iibingen, 1857; J. Fessler, Der Kirchenbann und seine Folgen, Vienna, 1860; P. Hinsehius, Kirchenrecht, §§ 243 -297, Berlin, 1869; H. C. Lea, Studies in Church Hist., Philadelphia, 1883; DCA, i. 638-642 (able); S. Mandl, Der Bann, Brünn, 1898; EB, i. 468-469.
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