Infamy of Law

Infamy of Law

Infamy of Law in the Old Code of Canon Law

In 1918, in the book “A Commentary and Summary of the New Code of Canon Law”, the author, Rev. Stanislaus Woywod wrote (references were to the old Code of Canon Law, no the 1983 Code of Canon Law):

  • Infamy is divided into infamy of law and of fact. Infamy of law is that which is specified in certain cases by the common law. Infamy of fact is incurred when a person has lost his good reputation with good and seriously-minded Catholics, on account of some crime which he committed, or wicked conduct, the judgment of which belongs to the Ordinary. Neither kind of infamy will affect the person’s blood relations or relations by marriage, except in the
    case where the pastor keeps in his house relations who lead a scandalous life whom he is bound to eject from his house, and if he does not do so after having been warned by the bishop, he may be deprived of his parish. Cf. Canon 2147, 2, n. 3. (Canon 2293.)
  • He who suffers from infamy of law is not only irregular, as stated in Canon 984, n. 5, but is,
    moreover, incapable of acquiring ecclesiastical benefices, pensions, offices and dignities, and of performing legal ecclesiastical actions, of exercising any ecclesiastical right or office, and, finally, he must be kept from the exercise of the ministry in sacred functions. He who suffers from infamy of fact must be excluded from receiving any orders, according to Canon
    987, n. 7, from dignities, benefices, ecclesiastical offices, and also from the exercise of the sacred ministry and from legal ecclesiastical actions. (Canon 2294.)
  • Infamy of law ceases only by dispensation granted by the Holy See; infamy of fact ceases when the good reputation has been reestablished with good and seriously-minded Catholics, considering all circumstances, and especially amendment of the guilty party made long ago. The bishop is to judge concerning the cessation of infamy of fact. (Canon 2295.)
  • If there is question of things for the acquisition of which the common law makes a person
    capable, the penalty of inhability can be inflicted by the Apostolic See alone. Thus, for instance, the diriment impediments in marriage, or irregularities for reception of orders, can be established by no authority inferior to the Holy See. Rights which have already been acquired are not lost by a supervening inhability, unless the penalty of privation is added to this inhability by the law. (Canon 2296.)
  • Money fines inflicted by the common law, of which the same law does not specify what is to be done with the money, and other fines imposed or to be imposed by particular laws are to be employed by the local Ordinaries for pious purposes, not, however, for the benefit of the episcopal mensa or for that of the Chapter. (Canon 2297.)

See Also

  • Rescripts
  • Tribunals of the Roman Curia
  • Penalties
  • Dispensation
  • Delegated Jurisdiction
  • Ecclesiastical Laws
  • Ecclesiastical Courts Decline in Power
  • Ecclesiastical Courts in the Middle Ages
  • Divorce History
  • Alderman
  • Ecclesiastical Courts

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