Title XIII: On Those Ordained by a Bishop Who Renounced the Bishopric

Latin source headnote: A bishop who has renounced only the place can, when invited, confer orders as before. But if he has renounced the dignity also, the ordinand's own bishop dispenses with one ordained by him to minor orders, or unknowingly to sacred orders; he does not, however, dispense with one knowingly ordained by him to sacred orders.

Alexander III, to the Archbishop of Toledo.

Your fraternity asked us whether clerics who received orders after the renunciation made by your predecessor ought to remain in them or by the law of the canons to be promoted to greater orders. We, therefore, because the truth is not fully established for us, cannot respond to you briefly concerning this. We respond, therefore, by distinguishing whether he renounced only the place or both the place and the dignity together. For in the first case, unless prohibited by the Supreme Pontiff or his legate, when requested by some bishop he will reasonably be able to confer orders as before.

In the second case, however, we think a distinction must be made whether he conferred sacred or minor orders. For if someone received from such a man orders as far as the subdiaconate, because orders of this kind are also sometimes conferred by non-bishops, he will both be able to serve in them and, if suitable, to be promoted to greater orders. Indeed, if someone, after the renunciation had been made, knowingly received sacred orders from the same man, because he rendered himself unworthy, he will not have execution of the office. But where he did not do so knowingly, a discerning pontiff will be able to dispense, unless the ignorance was gross and supine.

Latin source headnote: It is brief.

Gregory IX.

With clerics who unknowingly received orders from an excommunicated bishop, a dispensation will be able to be granted by their own bishops.