Summa Theologica Suppl, q. 22: Of Those Who Can Excommunicate or be Excommunicated
Article 2. Whether those who are not priests can excommunicate?
Objection 1It would seem that those who are not priests cannot excommunicate. Because excommunication is an act of the keys, as stated in Sent. iv, D, 18. But those who are not priests have not the keys. Therefore they cannot excommunicate.
Objection 2Further, more is required for excommunication than for absolution in the tribunal of Penance. But one who is not a priest cannot absolve in the tribunal of Penance. Neither therefore can he excommunicate.
On the contraryArchdeacons, legates and bishops-elect excommunicate, and yet sometimes they are not priests. Therefore not only priests can excommunicate.
I answer thatPriests alone are competent to dispense the sacraments wherein grace is given: wherefore they alone can loose and bind in the tribunal of Penance. On the other hand excommunication regards grace, not directly but consequently, in so far as it deprives a man of the Church's prayers, by which he is disposed for grace or preserved therein. Consequently even those who are not priests, provided they have jurisdiction in a contentious court, can excommunicate.
Reply to Objection 1Though they have not the key of orders, they have the key of jurisdiction.
Reply to Objection 2These two are related to one another as something exceeding and something exceeded [*Cf. A[1], A[2]; Q[24], A[1], ad 1], and consequently one of them may be within the competency of someone while the other is not.
Article 3. Whether a man who is excommunicated or suspended can excommunicate another?
Objection 1It would seem that one who is excommunicated or suspended can excommunicate another. For such a one has lost neither orders nor jurisdiction, since neither is he ordained anew when he is absolved, nor is his jurisdiction renewed. But excommunication requires nothing more than orders or jurisdiction. Therefore even one who is excommunicated or suspended can excommunicate.
Objection 2Further, it is a greater thing to consecrate the body of Christ than to excommunicate. But such persons can consecrate. Therefore they can excommunicate.
On the contraryone whose body is bound cannot bind another. But spiritual gyves are stronger than bodily fetters. Therefore one who is excommunicated cannot excommunicate another, since excommunication is a spiritual chain.
I answer thatJurisdiction can only be used in relation to another man. Consequently, since every excommunicated person is severed from the communion of the faithful, he is deprived of the use of jurisdiction. And as excommunication requires jurisdiction, an excommunicated person cannot excommunicate, and the same reason applies to one who is suspended from jurisdiction. For if he be suspended from orders only, then he cannot exercise his order, but he can use his jurisdiction, while, on the other hand, if he be suspended from jurisdiction and not from orders, he cannot use his jurisdiction, though he can exercise his order: and if he be suspended from both, he can exercise neither.
Reply to Objection 1Although an excommunicated or suspended person does not lose his jurisdiction, yet he does lose its use.
Reply to Objection 2The power of consecration results from the power of the character which is indelible, wherefore, from the very fact that a man has the character of order, he can always consecrate, though not always lawfully. It is different with the power of excommunication which results from jurisdiction, for this can be taken away and bound.