Question Thirteen
Whether the pope, from the plenitude of his power, can bind or absolve one existing in Purgatory
It is asked whether the pope, from the plenitude of his judicial power, can bind or absolve one existing in Purgatory.
To this it first appears to certain persons that a negative answer should be given, and first as follows.
The pope can absolve those over whom he has jurisdiction. But the dead are not of his jurisdiction, according to Matthew 16: “Whatsoever you shall bind upon earth.” The Gloss says, “upon earth, not beneath the earth.” Therefore, and so forth.
Second, they argue as follows from chapter Cum medicinalis, On the Sentence of Excommunication, Book VI. Excommunication ought to be medicinal, but it cannot be medicinal for the dead. Therefore a dead person cannot be excommunicated.
Third, as is held in cause 24, question 2, section His auctoritatibus: “We can loose or bind the living, not the dead.” Therefore, and so forth.
To the contrary is the fact that those whose writings contain heresy, heretics, schismatics, those who appoint heretics as heirs, and those who voluntarily kill themselves are excommunicated after death, cause 24, question 2, chapter Sane.
I answer that it must be said that, with respect to excommunication properly so called—which is separation from any lawful communion and legitimate act, as it is defined in cause 11, question 3, chapter Ad mensam, section Evidenter—or insofar as it is called separation from the communion of the Church with respect to its fruit and the Church’s common suffrages, as the Master of the Sentences defines it in Book IV, distinction 18, a dead person cannot be excommunicated and consequently cannot be absolved.
This conclusion is evident from the reasons made at the beginning. It is also evident because excommunication belongs to the power of jurisdiction. For excommunication follows jurisdiction, in On Election, chapter Transmissa. But the dead have ceased to be under the jurisdiction of the prelates of the Church—though not absolutely under that of the pope, in the manner stated above. Therefore, and so forth.
Likewise, all those existing in Purgatory departed in charity acquired here, in which they will always persevere. Therefore, although they are not of the forum of the Church militant, they are nevertheless joined to the living by the indissoluble bond of charity. On account of this bond they can no longer be excluded from participation in the Church’s common suffrages or separated from the assembly of the faithful. It follows, therefore, that, speaking properly of excommunication, no dead person can be excommunicated.
But if excommunication is taken for the pronouncement that someone was excommunicated—in order that prayer may not be made for him in the Church and that he may not have a common burial with the faithful—a dead person can indeed be excommunicated and it is fitting that this be done.
First, this can be done because, if it is proved after someone’s death that he was a heretic, it is fitting that he be pronounced separated from the communion of the Church.
Second, it is unfitting that the Church pray for such a person as it does for a faithful person. Therefore, lest the Church appear to share with such persons the prayers of the faithful, it is fitting that through a sentence it be made known to the faithful that prayer is not to be made for such a person.
From these things is evident the error of those who say that, if anyone who was justly excommunicated dies in excommunication, yet finally repents and dies in charity, he does not go to the common place of Purgatory but is cast out of their community into exterior places and does not experience the suffrages of the Church until he is absolved there where, for just causes, he was excommunicated. And for this reason such persons are sometimes absolved long afterward, because they carry with them into Purgatory the bond of excommunication justly incurred in this life.
But this is manifestly false. For if anyone was justly excommunicated and did not repent at death, since a just excommunication presupposes mortal sin, he will be damned. But if he finally repented, although it is not certain what has become of him, nevertheless after excommunication he never begins to lack in Purgatory the suffrages of the Church, by reason of the charity and grace in which he died, as is said in chapter A nobis, the second chapter On the Sentence of Excommunication.
But it is asked: if excommunication after death by the pope or the prelates of the Church does not deprive the excommunicated person of participation in and fellowship with the faithful, or of participation in suffrages, to what end are some persons excommunicated after death?
It is answered that such persons are excommunicated in detestation of the crime and for the terror of the living who remain. Hence in this respect such an excommunication is useful and medicinal, although not for those against whom it is issued, but for others who are terrified by this punishment and drawn back from evils.
Likewise, if such an excommunication does not have an effect upon the souls of the dead, it nevertheless has an effect upon their bodies which have remained here. For by force of the excommunication those bodies ought not to be buried in sacred places, and if they have been buried there, they ought to be exhumed, as in chapter Sacris, On Burials. Consequently, the soul is deprived of that suffrage which would be made if the body were buried in a sacred place. Thus excommunication at least negatively harms even souls departing in grace through contrition at the moment of death, as the case was framed above.
Likewise, such an excommunication is a declaration of the damnation of certain persons, so that it may be known that prayer is not to be made for them and that the suffrages of the Church do not benefit them.
But it is asked, second, if an excommunicated person, after completing an entirely sufficient penance, should die a sudden death before he was absolved, whether he is prevented from entering the Church triumphant until he is absolved by the authority of superiors and meanwhile remains in Purgatory.
It is answered: let those to whom the judgments of God are open judge and define this; they are hidden from me, Henry of Hesse says. Nevertheless, it may piously be believed that they are absolved by divine mercy, or perhaps by the intention of the universal Church. These matters are to be left to God’s judgment.
Having seen these things, the reasons to the contrary must be answered.
To the first, it must be said that that reasoning proceeds concerning excommunication properly so called.
To the second, it is answered that the cited text is understood of excommunication issued against the living, who can rise from the death of sin to the state of grace, not of that which is issued against the dead. Hence the reason those dead persons are excommunicated is not that the excommunication should be a punishment or medicine for them, but for detestation of the crime and for the terror of others, who, seeing this terrible judgment of the Church, may be horrified at falling into like crimes.
To the third, it is answered that it too is understood of excommunication properly so called.
These things are from John of Torquemada upon cause 24, question 2, chapter Quod autem, and Lord Henry of Hesse upon Genesis.