§ I. On Suspensions *latae sententiae* Reserved to the Supreme Pontiff

1742. - I. "Chapters and Convents of Churches and monasteries, and all others who receive to the rule and administration of them Bishops or other Prelates provided in any manner whatever by the same Holy See concerning the aforesaid Churches or monasteries, before they themselves have exhibited the Apostolic Letters concerning their promotion, incur suspension ipso facto from the perception of their benefices, at the beneplacitum of the Holy See." From Extrav. Comm. L. I. T. III. c. 1.

1743. - II. "Those ordaining someone without the title of benefice or patrimony, with an agreement that the one ordained will not ask support from them, incur suspension for three years from the conferring of Orders ipso jure." From L. III. Decr. T. V. c. 23. Trid. Sess. 21. c. 2. Ref. L. V. Decr. T. III. c. 45.

1744. - III. "Those ordaining another's subject, even under the pretext of a benefice to be conferred immediately, or already conferred, but by no means sufficient, without the dimissorial letters of his Bishop - or even one's own subject, who has stayed elsewhere for so much time that he could have contracted a canonical impediment there, without testimonial letters of the Ordinary of that place - incur suspension ipso jure for a year from the administration of Orders." From L. I. T. IX. c. 2 in 6°. Trid. Sess. 23. c. 8. Ref. Innoc. XI. Bull. Speculatores, § 4.

1° "Those ordaining," even if conferring only Tonsure.¹

2° "Another's subject." By what modes someone becomes a subject as regards ordination, see n. 1519. q. 1°.

3° "Of a benefice ... by no means sufficient" for suitable support according to the laws or custom of the diocese where the benefice is, if the benefice requires perpetual residence; but if it does not require it, according to the assessment of origin.²

4° "Without his Bishop," i.e., Ordinary in general, insofar as it belongs to him to grant dimissorial letters for Orders.³

5° "Who elsewhere" after seven years.⁴

6° "For so much time," i.e., according to the truer opinion, beyond six months.⁵

7° "Testimonial letters." See n. 1519. q. 1°. R. 5°.

Note. - The laws concerning ordination also bind those who belong to some Congregation with simple vows, unless they enjoy privileges.⁶

1745. - IV. "He who, excepting the case of legitimate privilege, has conferred a Sacred Order without the title of benefice or patrimony on a Cleric living in some Congregation in which solemn profession is not emitted, or even on a Religious not yet professed, incurs suspension for a year from the collation of Orders ipso jure." From C. S. of Pius V, Romanus Pontifex Sacrorum.

"On a Religious not yet professed," i.e., whether still a novice or not yet solemnly professed. See n. 1522. 2° in fine.

1746. - V. "Religious expelled, living outside Religion, incur perpetual suspension from the exercise of Orders ipso jure." From the Decree of S. C. C., September 21, 1624, approved by Urban VIII.

1° "Expelled," but not, as it seems, fugitives and apostates from Religion, who nevertheless elsewhere incur penalties.¹

2° "Living outside Religion," i.e., outside that Religion which they solemnly professed, or outside another to which they can canonically transfer. See n. 1157. d).

1747. - VI. "Those who have presumed to receive the same Order from one excommunicated, or suspended, or interdicted, denounced by name, or from a notorious heretic or schismatic, incur suspension from the Order received ipso jure; but as for him who in good faith has been ordained by any of them, we declare that he does not have the exercise of the Order thus received, until he is dispensed." From L. V. Decr. T. VIII. c. 1, 2.

1° "Have presumed," i.e., knowingly and without grave fear they received an Order from one of those said.

2° "Who in good faith," i.e., not knowingly.

3° "Does not have the exercise of the Order." This suspension from the exercise of the Order (not suspension from the Order, as in the prior part of this article) does not seem to be a suspension properly so called, which can beget irregularity, but rather an inhibition under fault.²

4° "Until he is dispensed." We judge with Avanzini³ and the Commentators⁴ that this dispensation can be granted by the Bishop.

Moreover, in order that someone incur the censure it is necessary that he has received the Order; wherefore, if someone has been invalidly ordained (as, for example, if he was ordained by Anglican Ministers), the suspension cannot even be understood.

1748. - VII. "Foreign secular Clerics staying in the City beyond four months, ordained by another than their own Ordinary without the license of the Cardinal Vicar of the City, or without a previous examination conducted before him, or even by their own Ordinary after they have been rejected in the aforesaid examination; and also Clerics belonging to one of the six suburbicarian Bishoprics, if they are ordained outside their own diocese, with dimissorial letters of their Ordinary directed to another than the Cardinal Vicar of the City; or if, before receiving Sacred Order, spiritual exercises for ten days in the city house of the Priests called of the Mission have not been premised, incur suspension from the Orders thus received, at the beneplacitum of the Holy See, ipso jure: but the ordaining Bishops incur suspension from the use of Pontificals for a year." From the Edict of the Cardinal Vicar by order of Clement VIII, November 24, 1603; Decr. S. C. C., September 21, 1624, by order of Urban VIII; Edict of the Cardinal Vicar by order of Benedict XIV, March 20, 1743.

1° "Clerics," but not laymen, or those not marked with Tonsure.

2° "Foreign," namely those who do not belong to the Roman diocese or to any of the six suburbicarian ones.

3° "Staying in the City." Therefore foreign Clerics who, after completing four months' stay in Rome, and obtaining dimissorial letters from their Ordinary, depart from the City with the intention of not returning, are not held by this censure.

Add the suspension at n. 1717. XIII. 3°.