Article 3 — Whether a man who is excommunicated or suspended can excommunicate another?

Objection 1: It would seem that one who is excommunicated or suspended can excommunicate another. For such a one has lost neither holy orders nor jurisdiction, since he is neither ordained anew when he is absolved nor is his jurisdiction renewed. But excommunication requires nothing more than holy orders or jurisdiction. Therefore, even one who is excommunicated or suspended can excommunicate.

Obj. 2: Further, 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 contrary, One whose body is bound cannot bind another. But a spiritual bond is stronger than a physical one. Therefore, one who is excommunicated cannot excommunicate another, since excommunication is a spiritual bond.

I answer that, Jurisdiction 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.

The same reason applies to one who is suspended from jurisdiction. For if he be suspended from holy 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 holy orders, he cannot use his jurisdiction, though he can exercise his order: and if he be suspended from both, he can exercise neither.

Reply Obj. 1: Although an excommunicated or suspended person does not lose his jurisdiction, yet he does lose its use.

Reply Obj. 2: The 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 holy orders, he can always consecrate, though not always licitly. It is different with the power of excommunication which results from jurisdiction, for this can be taken away and bound.