Section — Konings, Theologia Moralis
§ II. On Suspensions *latae sententiae* Inflicted by the Council of Trent
1749. - 1° He who ordains another's subject without the testimony of his Ordinary concerning his probity and morals is suspended from the collation of Orders for a year; but the ordained man is suspended from the execution of the Orders received for as long as it will seem expedient to his own Ordinary.1 The difference is clear between this sanction and the other of which above at n. 1744. - For in the Tridentine law there is question of another's subject who asks for ordination, e.g., with an Apostolic rescript, by force of which he can be ordained by an Ordinary who is not his own, etc., indeed with dimissorial letters of his own Bishop (namely of origin, or domicile, etc.), but without the testimony of the same concerning his probity.2
2° A titular Bishop ordaining another's subject without the express consent of his own Prelate or dimissorial letters is suspended from the exercise of Pontificals for a year; the ordained man is suspended from the execution of the Orders thus received at the beneplacitum of his Prelate.1 See also below under 6°.
3° One receiving Major Orders with dimissorial letters granted by the Chapter, the See being vacant, within a year from the day of vacancy, when he has not been constrained by occasion of an ecclesiastical benefice received or to be received, is suspended from the execution of Orders at the beneplacitum of the future Prelate. But the Chapter (or Capitular Vicar2) granting dimissorial letters of this kind is subjected to interdict; those thus promoted to Minor Orders are deprived of clerical privilege.3 The same penalties are incurred by those ordained who obtain dimissorial letters not from the Chapter, but from others succeeding into the jurisdiction of the Bishop in place of the Chapter, the See being vacant.4 See, however, n. 1519. q. 2°. R. 2°. § Dimissorial letters.
4° Those granting dimissorial letters to secular Clerics so that they may be ordained by another than their proper Bishop, even if they are Abbots or other exempt persons, or Colleges or Chapters, even of Cathedral Churches, the See not being vacant (for when the See is vacant the Chapter is punished by interdict, as was set forth under 3°), are suspended for a year from office and benefice.5 But concerning the one ordaining, see n. 1744 and above 1°.
5° Those promoted by a leap are suspended from the exercise of the Order thus badly received.6 By the Bishop, however, they can be dispensed from a legitimate cause, if they have not ministered.7 For if they have ministered in the said Order, they become irregular.8
6° A Bishop exercising Pontificals in another's diocese, without the express license of the Ordinary of the place, or on persons not subject to the same Ordinary, is suspended from the exercise of Pontificals, and those thus ordained are suspended from the execution of Orders.9
7° A Priest daring to join in Matrimony or to bless spouses without the license of the proper Pastor or Ordinary of the spouses is suspended, until he is absolved by the Ordinary of that Pastor who ought to have been present at the Matrimony or from whom the blessing was to have been received.1 Where the Decree Tametsi has not been published, this censure does not seem to be incurred.2
8° Concubinary Bishops, if, after being admonished by the Provincial Synod, they have not amended themselves, are suspended.3
9° Superiors of monasteries (in which solemn vows are emitted), if they have not made the Bishop certain concerning the profession of their novices (a month before profession), incur suspension from office for as long as it will seem good to the Bishop.4 Cf. n. 1188. II. 1).
Notes to n. 1749 - note sequence 1. (1) Sess. 23. c. 8. Ref. (2) Avanz. (50). c). p. 82. Notes to n. 1749 - note sequence 2. (1) Sess. 14. c. 2. Ref. (2) Avanz. (71). a). p. 111. (3) Sess. 7. c. 10. Ref. (4) Ib. (5) Ib. 23. c. 10. Ref. Avanz. (70). a). p. 108. (6) Sess. 23. c. 14. Ref. (7) Avanz. (70). d). pp. 109, 110. (8) Sess. 23. c. 14. Ref. (9) Sess. 6. c. 5. Ref. Notes to n. 1749 - note sequence 3. (1) Sess. 24. c. 1. Ref. Matr. (2) Avanz. (74) a). p. 115. (3) Sess. 25. c. 14. Ref. (4) Sess. 25. de Reg. c. 17.