Article — Marc, Institutiones Morales
ARTICLE II: On Suspensions *Latae Sententiae*
Of suspensions latae sententiae, which now are in force in the Church, some are enumerated in the new Constitution Apostolicae Sedis, others are renewed from the Council of Trent, others have been introduced after the said Constitution.
- A. The suspensions which are enumerated in the Constitution Apostolicae Sedis are these SEVEN, and all these are declared simply reserved to the Roman Pontiff:
I. "Chapters and convents of churches and monasteries, and all others who receive into the governance and administration of those churches or monasteries Bishops, or other prelates, provided in any way by the same Holy See over the aforesaid churches or monasteries, before they have exhibited to them the Apostolic Letters concerning their promotion, incur suspension by the very fact from the perception of their benefices, AT THE GOOD PLEASURE OF THE HOLY SEE."
The suspension is borne: 1. against the Chapter or monastery which receives those provided contrary to law; whence the capitulars are suspended from the benefices which they possess collegially or in common (according to what was said n. 1303, 5); 2. against all others who offer honor and obedience to the Bishop or prelate, as if he were legitimate. These are suspended from their own benefices, that is, from the perception of fruits and, more probably, from administration (Del Vecchio, I, n. 639; Piat, in h. l.).
Other things concerning intruded persons, see n. 1375.
1 There are not lacking those who apply these things to the case in which a civil magistrate would compel putative spouses to cohabit (Lehmkuhl, II, 1262).
- II. "Those ordaining someone without title of benefice or patrimony, with an agreement that the ordained one not seek sustenance from them, incur by the law itself suspension FOR THREE YEARS from the conferring of orders." Trent, Sess. 21, c. 2, de Ref.
Only the ordaining person incurs suspension, if he illicitly confers a sacred order in the aforesaid way. Thereafter he cannot confer orders, whether major or minor, for three years, unless he is first absolved by the Roman Pontiff (Avanzini, note 42).
- III. "Those ordaining another's subject, even under pretext of a benefice immediately to be conferred, or already conferred but by no means sufficient, without dimissorial letters of his Bishop; or even their own subject, who has stayed elsewhere so long a time that he could have contracted there a canonical impediment, without testimonial letters of the Ordinary of that place, incur by the law itself suspension FOR A YEAR from the administration of orders." Trent, Sess. 23, c. 8.
Below we shall say by what reason the one to be ordained can become the subject of the ordaining one; likewise what dimissorial and testimonial letters are (n. 1907 and 1908). Cf. Anal. eccl., I, p. 406; III, p. 16.
The censure binds THOSE ORDAINING, that is, those conferring not indeed first tonsure (Holy Office, 18 April 1888), but major or minor orders, and this in the double case, as is clearly expressed in the text. This censure is not contracted by Ordinaries who, for the liberty of the state of those to be ordained, stand by the instructions and faculties for proving the free state of spouses. Holy Office, 11 May 1892 (Nouv. Rev. Theol., 26, p. 317). - As regards the ordained one, see n. 1368, 1370, and 1371.
- IV. "He who, excepting the case of legitimate privilege, shall have conferred sacred order without 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 by the law itself suspension FOR A YEAR from the conferring of orders." St. Pius V, Const. Rom. Pontifex.
See what is to be said n. 1922.
- V. "Ejected religious, living outside Religion, incur by the law itself PERPETUAL suspension from the exercise of orders." By Decree of the S. C. of the Council, 21 Sept. 1624, Urban VIII approving.
The canonical reason of this article is because a regular who is ejected from his Religion lacks, by that very fact, the title of his ordination, indeed also the church to which he may be ascribed. Formerly only religious of solemn vows incurred this suspension; but now, from the Decree Auctis admodum of the S. Congregation of Bishops and Regulars, issued by express mandate of His Holiness, on 4 Nov. 1892, all religious, both of solemn vows and of simple vows, whether perpetual or temporary, constituted in sacred orders, who shall have been expelled or dismissed, remain perpetually suspended, until provision is made for them by the Holy See in another way, and besides until they find a benevolent receiving Bishop and provide for themselves concerning an ecclesiastical patrimony. But religious of simple vows who, a voluntary petition having been made, legitimately obtained dispensation, or, the time of obligation having elapsed, are now held by no vow; nevertheless let them not go out from the cloister until they have found a benevolent Bishop and provided for themselves concerning ecclesiastical patrimony; otherwise they remain suspended from the exercise of orders received. They will be able to be absolved from this suspension by any confessor, as soon as they have fulfilled the condition set down, as regards both parts (A. S. S., 25, p. 312; 26, p. 616; 28, p. 559). This Decree the S. C. of Religious confirmed, 16 May 1911 (A. A. S., III, p. 235). See what is to be said n. 2173.
- VI. "Those who have presumed to receive the same order from one excommunicated, or suspended, or interdicted, by name denounced, or from a notorious heretic or schismatic, incur by the law itself suspension from the order received; but we declare that he who in good faith has been ordained by any one of them does not have the exercise of the order so received until he is dispensed."
The suspension strikes only those ordained by a Bishop censured by name, or notoriously heretical or schismatic (Avanzini, adn. 16; Patavin., n. 506). - But the case is twofold: 1. If he was ordained in BAD FAITH, presuming (knowingly and without grave fear) to receive, etc., he incurs a true censure reserved to the Pope. Except the case in which he was invalidly ordained, for example by an Anglican minister; because suspension from order in this hypothesis cannot even be conceived. 2. If he was ordained in GOOD FAITH, he incurs only a certain inability; until he is dispensed, understand by the Bishop, according to law. See what is to be said n. 1944.
- VII. "Secular foreign clerics, staying more than four months in the City, ordained by another than their own Ordinary, without license of the Cardinal Vicar of the City, or without a previous examination performed before the same, or even by their own Ordinary after they have been rejected in the aforesaid examination; and also clerics pertaining to one of the six suburbicarian episcopates, if they are ordained outside their own diocese, with the dimissorial letters of their Ordinary directed to another than to the Cardinal Vicar of the City; or if spiritual exercises for ten days in the urban House of priests called of the Mission have not first been performed before receiving sacred order, incur by the law itself suspension from the orders so received AT THE GOOD PLEASURE OF THE HOLY SEE; but the ordaining Bishops incur suspension from the use of pontificals FOR A YEAR."
Therefore those ordaining are suspended for a year from the use of pontificals, that is, from every act of episcopal power for which the use of pontifical insignia is required, that is, miter, staff, pallium (cf. 1303, 2).
But clerics are either foreign or suburbicarian. a) If they are FOREIGNERS, staying at Rome more than four months, they are held to the prohibitions stated above. But if they have returned to their fatherland, with the intention of remaining there, the law and the censure cease (but see n. 1363 as regards testimonial letters). - b) If they are SUBURBICARIAN, that is, if they pertain to the Roman diocese, or to one of the six suburbicarian episcopates, under the same censure they are forbidden: a) to be ordained outside their own diocese without dimissorial letters obtained from their own Ordinary directed to the Cardinal Vicar; b) to receive sacred orders without having performed spiritual exercises for ten days, etc. (Patavin., n. 509; Haine, t. 4, p. 412).
B. The suspensions renewed from the Council of Trent are likewise SEVEN, of which some are reserved to Bishops, others to no one, namely:
- I. A Bishop incurs suspension from the exercise of pontificals who exercises pontificals in another's diocese, without the express license of the Ordinary of the place, or upon persons not subject to the same Ordinary. If in this way he confers orders, those ordained remain by the law itself suspended from the execution of orders (Trent, Sess. 6, c. 5, de Ref.).
Neither censure is reserved to the Pope. But, license of the Ordinary of the place having been given, another's subjects can be ordained with legitimate dimissorials (cf. n. 1363).
- II. A cleric incurs suspension from the exercise of orders, at the good pleasure of the future prelate, who receives major orders with dimissorials of the Chapter (or capitular Vicar) granted within a year from the day of vacancy of the episcopal See; unless however he was constrained by reason of an ecclesiastical benefice received or to be received (Trent, Sess. 7, c. 10, de Ref.).
Those promoted in this way to minor orders are deprived of clerical privilege. The CHAPTER is subject to interdict (see n. 1379). - Finally the ORDAINING person, since legitimate dimissorials are lacking, falls into the suspension explained under n. 1363 (cf. St. Alph., VI, 788; Patavin., n. 514).
- III. A titular Bishop incurs suspension FOR A YEAR from the exercise of pontificals who, even under pretext of continuous familiarity, confers orders of whatever kind, or promotes to first tonsure, without the consent of the proper prelate of those to be ordained, or without dimissorial letters. But those who have been ordained in this way remain suspended by the law itself from the execution of orders, until it shall seem good to their prelate (Trent, Sess. 14, c. 2, de Ref.).
The censure inflicted on the ordaining person is not reserved; unless it agrees with suspension II of the Constitution Apostolicae Sedis (cf. n. 1362).
- IV. A Bishop incurs suspension from the conferring of orders FOR A YEAR who, even under pretext of any general or special rescript or privilege whatever, ordains another's subject without the testimony of his Ordinary, by which the probity and morals of that one are commended. "And let the ordained one be suspended from the execution of the orders received, for as long as it shall seem expedient to his own Ordinary" (Sess. 23, c. 8, de Ref.).
Here there is no question of those who are ordained without the required dimissorials (concerning whom n. 1363); the discussion here is about those who by privilege can be ordained by another than by their own Bishop, but not without testimonial letters, by which the ordaining one may be certain concerning the required endowments. The censure borne against the ordaining one is not reserved, nor is it incurred if only tonsure is conferred (VI, 797, at the end).
- V. Abbots, exempt prelates, colleges and Chapters of whatever kind incur suspension from office and benefice FOR A YEAR, if, under whatever pretext of privilege or custom, they grant dimissorials to secular clerics, that they may be ordained by another than by their own Bishop (Sess. 23, c. 10, de Ref.).
This suspension does not regard dimissorials granted while the see is vacant (concerning these there is another disposition, n. 1379), but looks to this, that the aforesaid abbots, prelates, etc., be prohibited from granting dimissorials to others than religious subject to themselves, under pretext of a right which they may have by privilege or custom. For although jurisdiction can belong to some one of them, for example to an abbot nullius, nevertheless it does not avail for granting dimissorials (VI, 788, note 7). See other things n. 1905 and 1910.
IT IS ASKED. Does any censure or penalty now remain in force against those who are ordained by a leap?
Resp. 1. The suspension, as censure, which the Tridentine Synod (Sess. 23, c. 14, at the end) only commemorated, more probably ceases by the Constitution Apostolicae Sedis (cf. n. 1312, 2). 2. The impediment remains, by force of which anyone ordained by a leap cannot, without grave guilt, either minister in the order received, or ascend to a higher order, or receive the omitted one, unless he obtains the necessary dispensation. Bishops can concede this to those who have not ministered in the order received; but only the Pope can concede it to those who have ministered, as Trent itself declares. Cf. Wernz, Jus Decr., II, n. 73, note 89.
- VI. Those who bless marriage illegitimately are suspended (where the Decree of Trent on Clandestinity is in force).
Priests who shall have dared to join, or bless, marriages without the license of the proper parish priest of the spouses, or of the Bishop, remain suspended (from priestly office) for as long as they are not absolved by the Ordinary of that parish priest (Sess. 24, c. 1, de Ref.).1
- VII. Concubinary Bishops, or those detaining suspect women, are suspended if, admonished by the provincial Synod, they have not amended themselves (Sess. 25, c. 14, de Ref.).
Suspension, excommunication, and other penalties, on account of the same scandal, are decreed also by the Council against clerics inferior to Bishops, but they are ferendae sententiae.
- C. Suspensions introduced after the Constitution Apostolicae Sedis are the following:
From the Constitution Romanus Pontifex of Pius IX, 5 Sept. 1873, another suspension is incurred, which we reported above (n. 1327).
By the Decree Vigilanti, issued by the S. Congregation of the Council on 25 May 1893, a suspension, reserved to the Holy See, was decreed against ecclesiastics violating the Decrees by which shameful trade from Mass stipends is prohibited (A. S. S., 26, p. 56).
By the Decree De observandis, S. Congregation of the Council, 11 May 1904, n. 12, the same suspension was decreed against ecclesiastics who shall have dared in any way or under any pretext to violate the statutes n. 8, 9, 10, 11 of the same Decree, by which it is prescribed that, in the transfer of Masses, the stipend be handed over entire and in its own species to the celebrant (ibid., 36, p. 672). See what is to be said n. 1607 sqq.
By the Decree Anteactis temporibus, issued by the S. Congregation of the Council, 22 Dec. 1894, clerics not conforming themselves to the dispositions of the same Decree, by which norms are prescribed for ecclesiastical men who intend to live at Rome, are declared liable by the very fact to suspension from divine things (ibid., 27, p. 373). Moreover these are the following:
a) Clerics and secular priests, or even regulars living outside the cloisters, unless they are ascribed to the Roman diocese, will not be able to establish stable domicile in the City without express permission of the Supreme Pontiff, to be obtained through the office of the S. Congregation of the Council.
b) None of them can be chosen by anyone to any ecclesiastical office, or to another function which requires residence in the City, unless, besides testimonial commendatory letters of his Bishop, he also exhibits permission already obtained for remaining at Rome; likewise a benefice will be conferred on no one, if he has not obtained the assent of his own Ordinary for this: and a conferral of benefice made otherwise will be null and void.
c) Those who, for a temporary cause, are staying in the City with license of the Ordinary must, the cause having ceased or the Bishop commanding, return immediately to their own diocese.
By the Constitution of Leo XIII Orientalium dignitas ecclesiarum, 30 Nov. 1894, any Latin missionary whatever, from secular or regular clergy, who by counsel or help induces any Eastern man to the Latin rite, is declared to incur by the very fact suspension from divine things (A. S. S., 27, p. 257).
By Decree of the S. C. C., 12 July 1900, a priest and a cleric who abandon their proper residence, in order to bear help in any way in internal wars and political contentions, or who in a civil war have of their own accord given their name to military service, are punished with suspension from order, office, and benefice. The suspension is specially reserved to the Holy See (A. S. S., 33, p. 53).