§ 1. Suspensions from the Constitution *Apostolicae sedis*

1. First suspension. Chapters and convents of churches and monasteries, and all others who receive to the rule and administration of those churches or monasteries bishops or other prelates concerning the aforesaid churches or monasteries provided in any way at the same holy see, before they themselves have exhibited the apostolic letters concerning their promotion, incur by the fact itself suspension from the perception of their benefices, at the good pleasure of the holy see.

This suspension from benefices, possessed in common, carried against a community, chapters and convents, for an indefinite time, at the good pleasure of the holy see, does not have the nature of censure; nevertheless it also affects individual beneficiaries both within and outside the chapter who are guilty of the same delict, so that they are deprived even of the perception of the fruits of their own benefices.

2. Second suspension. Those ordaining someone without the title of benefice or patrimony, with the pact that the ordained person not seek support from them, incur by the law itself suspension for three years from the conferral of orders.

Only the one ordaining incurs suspension from the conferral of orders, both major and minor, but not of tonsure, for three years, if with a pact that the ordained person not seek support from him, he conferred major orders. If he confers orders only without the title of order, he does not incur the censure. After three years have elapsed, the suspension ceases of itself.

Note. In antiquity those who had been ordained without title were by the fact itself suspended from the exercise of order; afterward this suspension was restricted to those clerics alone who, having been ordained without title, had promised that they would not seek support from the one ordaining. Today, however, since the constitution Apostolicae sedis carries suspension against the one ordaining alone, neither one ordained without title, nor one who, having lost the former title, does not substitute another title, incurs any penalty, even if they acted in bad faith, nor consequently are they prohibited from the exercise of order.¹ Another thing has been established for professed regulars losing title.

3. Third suspension. Those ordaining another's subject, even under the pretext of a benefice immediately to be conferred or already conferred but in no way sufficient, without the dimissorial letters of his bishop; or even their own subject who has dwelt elsewhere for so long a time that he could have contracted a canonical impediment there, without testimonial letters of the ordinary of that place, incur by the law itself suspension for a year from the administration of orders.

Those incur suspension from the conferral of orders for a year who confer orders upon another's subject without dimissorial letters, or if they ordain their own subject without testimonials. Who is another's subject, and how long the dwelling in another diocese must be so that testimonial letters are necessary, is said elsewhere.²

4. Fourth suspension. He who, except in the case of legitimate privilege, shall have conferred sacred order without the title of benefice or patrimony upon a cleric living in some congregation in which solemn profession is not emitted, or even upon a religious not yet professed, incurs by the law itself suspension for a year from the conferral of orders.

Those incur suspension from the conferral of orders for a year who without the title of benefice or patrimony confer sacred order either upon a religious of an institute of simple vows, unless he has already emitted perpetual vows, or upon a religious of an order of solemn vows, unless he has already emitted solemn vows, except in the case of special privilege.

5. Fifth suspension. Religious ejected from religion and dwelling outside religion incur by the law itself perpetual suspension from the exercise of orders.

Ejected religious strictly so called, i.e. solemnly professed, who have been expelled from a just cause and with the legitimate form observed, incur suspension from the exercise of orders in perpetuity, i.e. for as long as they remain in the same condition. Apostates or fugitives do not incur it; nor those who have been expelled unjustly or without the prescribed form having been observed. Therefore, since the suspension can cease because the ejected person enters either the same or another order, nothing prevents this suspension from having the nature of censure.

Note. By the decree Auctis admodum (November 2, 1892), another twofold suspension is imposed upon certain religious constituted in sacred orders:

a. Upon those, whether solemnly or simply professed, who because of their delicts have been ejected or dismissed, until the holy see dispenses with them. Dispensation is granted if this twofold condition is verified: that they have found a bishop who is willing to enroll them in his clergy, and that they have provided for themselves concerning ecclesiastical patrimony.

b. Upon those simply professed who depart spontaneously, if they depart from the cloister before they have found a bishop who receives them and have provided for themselves concerning ecclesiastical patrimony.

6. Sixth suspension. 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 by the law itself suspension from the order received; but we declare that one who in good faith has been ordained by any of them does not have the exercise of the order thus received until he is dispensed.

Those who in bad faith receive order from an excommunicated person, etc., incur partial suspension from the order received; nevertheless ignorance both crass and supine and affected excuses them, since it says "have presumed to receive." Those who do this in good faith, i.e. with ignorance that the one ordaining is excommunicated, etc., do not incur the censure, but are prohibited from exercising the order received unless they have been dispensed by the bishop or by the holy see.

7. Seventh suspension. Secular foreign clerics dwelling in the City beyond four months, ordained by someone other than their own ordinary himself without the license of the Cardinal Vicar of the City or without previous examination completed before him, or even by their own ordinary after they have been rejected in the aforesaid examination; and also clerics pertaining to any of the six suburbicarian bishoprics, if they are ordained outside their own diocese, with dimissorials of their own ordinary directed to someone other than 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 been premised before sacred order is received, incur by the law itself suspension from the orders thus received at the good pleasure of the holy see; but bishops ordaining incur suspension from the use of pontificals for a year.

A twofold suspension is inflicted:

a. From orders received, against secular foreign clerics dwelling at Rome beyond four months, and against suburbicarian clerics, if without the norm prescribed by the holy see having been observed they receive order from another's bishop or even from their own bishop;

b. From the use of pontificals for a year, against bishops who confer orders upon them without the same norm having been observed.

¹ Cf. D'Annibale, Summula I. n. 412 note 42. Gasparri, De sacra ordinatione I. n. 613. Instruction of S. C. de Propag. Fide, April 27, 1871.

² Cf. De sacramentis^8 n. 478 ss. 491.