ARTICLE II: On Suspension

1299. DEFINITION. Suspension is a censure by which a cleric is prohibited from exercising certain ecclesiastical functions.

It differs: 1. From excommunication, both because it is issued against clerics alone, and because it deprives one only of the active use of certain sacred things, but not of passive use or reception. 2. From interdict; because this is issued also against laymen, and deprives one of the reception of some sacraments, divine offices, and ecclesiastical burial.

DIVISION. Suspension by reason of effects is either total or partial. The former excludes a cleric from every function or from every ecclesiastical right; the latter excludes only from some function, or from some right, as they are distinctly expressed in the sentence, or are included in it.

Partial, or special, suspension is threefold: 1. from Order, which deprives one of the exercise of the functions of Order, for example from pontificals, from the altar, that is, from celebration of Mass, etc.; 2. from jurisdiction, which deprives one of the use of jurisdiction, whether in the external forum, or also in the internal forum;1 3. from benefice, which deprives one of the fruits and administration of the benefice. Sometimes not all the functions of Order or office are interdicted, but only one or another: of which kind is the prohibition of celebrating Mass, of hearing confessions (VII, 315, 316; cf. Wouters, in Decr. Ne temere, p. 34).

1300. • PRINCIPLES. I. Suspension is not necessarily and essentially a censure. Such indeed is a suspension which is imposed for breaking the contumacy of a cleric, either by Law, or by man by way of precept, because of a future crime to be avoided, or also because of a past crime having a successive tract (n. 1264).

But furthermore there is given:

1. Suspension inflicted by way of vindicative penalty because of a past delict. Such is presumed to be a suspension which is inflicted either by Law in perpetuity,

1 If suspensions from Order and from jurisdiction are inflicted at the same time, suspension from office is had. Others say that suspension from office is the same as suspension from divine things; others assimilate suspension from divine things to suspension from Order (D'Annibale, n. 380; Hilarius a Sexten, Noldin, etc.).

or irremissibly; or by man orally; or for a merely past sin; or at pleasure, or for as long as it shall seem to the one imposing; or conditionally, for example until you restore (VII, 317, 322). Thus, for example, prefects of monasteries of solemn vows, if they do not inform the Bishop concerning the profession of their novices before a month, incur suspension from office for as long as it shall seem to the Bishop (Trent, Sess. 25, c. 17, de Reg.).

2. Suspension inflicted by way of mere prohibition, or for caution, for example because of the fame of a delict not yet confessed or proved in judgment. This of itself does not have the character of penalty, and much less the character of censure (A. S. S., vol. 2, p. 284).

1301. II. Suspension can sometimes be inflicted in a special way. This happens when it is inflicted EX INFORMATA CONSCIENTIA. - Now, suspension is said to be issued ex informata conscientia when a Bishop or prelate, expressly declaring that he acts by force of the Council of Trent, without the solemnities required, imposes this penalty by way of simple punishment, or also inhibition, from grave causes weighed in his conscience, even because of an occult crime, and extrajudicially; and thus prohibits the delinquent cleric either from ascent to sacred Orders, or from the exercise of them, or from office, not however from benefice, as is most probably taught.

Suspension ex informata conscientia is an extraordinary remedy. Therefore it is necessary that several conditions be present for it to be inflicted licitly (cf. A. S. S., vol. 17, p. 373; Aichner, p. 784). The new Decree Maxima cura has not restricted the right of Bishops to inflict suspensions ex informata conscientia (Ami du Cl., 1913, p. 670).

A sentence of this kind cannot, probably, be issued in perpetuity, nor is it ordinarily prolonged beyond six months. Against it no appeal is conceded, but only recourse to the Holy See, without suspensive effect. - But it ceases, even when issued for an indeterminate time, with the jurisdiction of the Bishop who issued it (cf. n. 1304, II). See more among the canonists (cf. Benedict XIV, de Synod., l. 12, c. 8; Monit. eccl., II, P. III, p. 3; Nouv. Rev. Theol., 18, p. 469).

The extension and force of suspension ought to be gathered from the words by which it is issued. Wherefore the following rules hold.

1302. • RULE 1. Suspension which is issued absolutely is judged total. - For indefinite speech is equivalent to universal. Hence a priest thus suspended is deprived of every use of Order, jurisdiction, and benefice; unless usage or circumstances clearly signify otherwise.

RULE 2. Suspension determined to something is judged partial. Therefore it deprives one only of other functions of office which are distinctly expressed in the sentence, or which are included in them.

1303. • Hence you will deduce: 1. One suspended FROM ORDER simply is deprived of the exercise and use of any Order whatever, whether major or minor; but he is not deprived of the use of jurisdiction, except indirectly, namely with regard to those acts of jurisdiction which require the actual use of Order.

Thus a Bishop suspended from Order can delegate to another the power of absolving from sins, although he himself cannot absolve; likewise, he can confer first tonsure or benefices, and absolve from censures in the external forum.

2. One suspended FROM A HIGHER ORDER is not on that account suspended from an inferior one.

Thus, for example, a Bishop suspended from pontificals can celebrate Mass; indeed if he celebrates it solemnly with pontificals, he indeed sins, but does not incur irregularity; because he does not exercise a substantial act of episcopal Order. - Otherwise if he confirms the faithful, consecrates a chalice, etc.; because then he exercises pontificals properly.

3. One suspended simply FROM OFFICE is deprived, unless something else is established from elsewhere, of the use of Order and jurisdiction, consequently of all functions of ecclesiastical ministry which are exercised by a cleric as such (n. 1299, note).

But he is not on that account judged suspended from benefice, unless the delict was enormous, or unless for a year he has grown filthy in suspension. Whence one suspended only from office can receive the fruits of the benefice, provided he fulfills the parts of the duty through others.

4. One suspended FROM BENEFICE is understood as suspended from the fruits and administration of the benefice, but not from office. Wherefore he is bound to the canonical Hours and to other burdens, although he is deprived of the fruits.

But he is never deprived of the title itself of the benefice, unless this penalty is specially decreed against him; indeed, if during the time of suspension he acquires another benefice, the conferral of this is more probably not null by the very fact, but only to be nullified through the judge. If someone, occultly suspended, faithfully fulfills his obligations, he can retain the part of the fruits congruent to his labor, or the part which he would have to give to a substitute. But he is bound to restore the rest.

5. When a community is suspended, for example a chapter, convent, etc., the individual persons are understood as suspended as regards offices and rights which they can exercise collegially; but not as regards functions and rights which belong to them personally, for example as regards the right of celebrating Mass.

But if the suspension has been imposed both on the community and on its individual members, the innocent do not incur it, but only the delinquents (VII, 316, 323; H. Ap., XIX, 64 sqq.). Cf. the canonists, for example Craisson, Bargilliat, Aichner, Heiner, etc.

Violation of suspension produces multiple effects.

1304. PRINCIPLES. I. He who violates suspension by exercising an act forbidden to him sins, of itself, mortally. The reason is that in a grave matter he resists the Church.

Nevertheless he can licitly do all those things which are customarily done by laymen, for example sing in choir in the manner of laymen, serve Mass, bless the table, etc. Nor does he sin mortally if he exercises an Order not sacred; or a sacred one, but not solemnly (VII, 313; H. Ap., XIX, 64).

II. He who knowingly and solemnly exercises an act of sacred Order from which he is truly and properly suspended becomes irregular. But this penalty is not incurred from violation of suspension from jurisdiction or benefice. Thus commonly (n. 1942).

It is disputed among the authors whether irregularity is incurred because of violation of a suspension inflicted by way of vindicative penalty. More commonly it is denied, unless something else is expressly provided in the law. Nevertheless, the Sacred Congregation of the Council, in Sagonen., 21 June 1625, declared a certain parish priest bound by irregularity who, suspended by his Bishop ex informata conscientia, had persevered in exercising functions of the sacred ministry after an appeal had been interposed. And a similar decision was given on 22 May 1848, in Lucionen. These must now be followed in practice (Benedict XIV, de Synod., l. 12, c. 8).

III. One suspended from jurisdiction exercises it invalidly, if he has been publicly denounced. The reason is that, except in the case in which another is lacking for absolving one dying, a denounced suspended person is deprived of all actual jurisdiction. - Otherwise, if he is tolerated, because such a one exercises jurisdiction validly; although illicitly when he has not been requested by the faithful (VII, 314, 4).

Note. Communication with a DENOUNCED suspended person is of itself illicit if it is done by way of cooperation in the act from which he is suspended. In other things it is licit, unless scandal or danger of perversion is present. Whence to hear his Mass will not be a sin, at least not mortal, if you do not serve (VII, 140, 313).

1305. Besides those things which we have already said concerning the absolution of censures, the following are to be noted:

1. If suspension has the character of censure, it is removed as excommunication is, namely by absolution alone, and indeed of the Superior, if it is, as it almost always is, reserved (cf. n. 1275).

2. If it has been imposed by way of perpetual penalty because of a fault altogether past, it is removed by dispensation alone of the Superior, or of his delegate.

3. If it has been issued, by way either of penalty or prohibition, for a determinate time, for example for a year, for three years, or under condition, for example until you have restored, it ceases of itself, the time having passed, or the condition having been fulfilled. This indeed is from the will itself of the Superior, as is evident (VII, 322; cf. Salmanticenses, c. 5, n. 32).