§ 2. From the Constitution *Romanus Pontifex*

Thirteenth excommunication. By excommunication of a sentence already passed, specially reserved to the Roman pontiff, are punished:

a. Dignitaries and canons of cathedral churches who shall have dared to concede and transfer the administration of the church or diocese to a bishop nominated and presented, before the exhibition of apostolic letters.

b. The bishop nominated and presented who dares to take up administration of the church without waiting for confirmation of the apostolic see.

c. All those who shall have obeyed the aforesaid persons (canons or bishop), or furnished counsel, help, favor.

66. a. When the cultural struggle had begun in Germany and the illegitimate institution of bishops was to be feared, Pius IX issued the constitution Romanus pontifex on August 28, 1873, by which he intended to protect the right of capitular vicars against intruders who had been nominated or presented by lay power to episcopal sees, lest they be established for the government of an episcopal church before they had been confirmed by the apostolic see.

b. Those marked by episcopal character (therefore also one nominated and presented to a vacant church, if he is a bishop) incur not excommunication, but suspension.