§ 2. Tridentine Suspensions

8. First Tridentine suspension. A bishop who exercises pontificals in another's diocese without the express license of the ordinary of the place incurs suspension from the exercise of pontificals; those thus ordained are by the law itself suspended from the execution of orders. Sess. 6. c. 5. De reform.

Concerning the reservation of this suspension, some say that the suspension from pontificals which the bishop incurs is reserved to the pope, and that the suspension from orders which one thus ordained incurs is reserved to the bishop whose rights were injured; but others teach that each is reserved to the pope, others that each is reserved to the bishop.

9. Second Tridentine suspension. Those who have not been constrained by occasion of a benefice received or to be received, and, the see being vacant, within a year from the day of vacancy have been initiated in major orders through dimissorial letters received from the chapter, are by the law itself suspended from the execution of orders at the good pleasure of the future prelate. Sess. 7. c. 10. De reform.

They incur suspension from the exercise of order who receive sacred order through dimissorial letters granted while the see is vacant within a year. Yet clerics are excepted who, on account of a benefice either to be received or to be retained, would have been compelled to receive sacred order. The suspension is reserved to the future bishop.

10. Third Tridentine suspension. Titular bishops who, even under pretext of familiarity and of their continuous sharing of table, shall have promoted another's subject to any sacred or minor orders, or first tonsure, without the express consent or dimissorial letters of his own prelate, incur suspension from the exercise of pontificals for a year; but one promoted in this way is by the law itself suspended from the execution of orders thus received until it shall have seemed good to his prelate. Sess. 14. c. 2. De reform.

Titular bishops who ordain another's subject, even to first tonsure only, without license or without dimissorial letters of the proper bishop, incur suspension from pontificals for a year. Those ordained thus are suspended from the exercise of the order received until it shall have seemed good to their own prelate.

11. Fourth Tridentine suspension. He who ordains another's subject without testimonial letters, i.e. letters by which the probity and morals of the one to be ordained are commended by the testimony of his ordinary, incurs suspension from the conferral of orders for a year; but the one ordained is 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 reform.

Bishops who ordain another's subject without testimonial letters incur suspension from the conferral of orders, but not also of tonsure, for a year. One thus ordained is suspended from the exercise of the order received for as long as it shall have seemed good to his own bishop.

12. Fifth Tridentine suspension. Abbots and other exempt persons, or colleges or chapters of any kind, even of cathedral churches, granting dimissorial letters to any secular clerics so that they may be ordained by others, are by the law itself suspended from office and benefice. Sess. 23. c. 10. De reform.

Regular abbots and others, however exempt, incur suspension from office and benefice for a year if they grant dimissorial letters to secular clerics so that they may be ordained by others. Just as abbots existing within the boundaries of some diocese and exercising jurisdiction over seculars cannot confer orders upon their secular subjects, so neither can they grant dimissorial letters to them, unless they have obtained a special privilege. The same holds for chapters which by special right exercise jurisdiction in some part of a diocese.

13. Sixth Tridentine suspension. If any pastor or other priest, whether regular or secular, even if he contends that this is licit to him from privilege or immemorial custom, shall have dared to join or bless in marriage spouses of another parish without the license of their pastor, let him remain suspended by the law itself for so long as he is not absolved by the ordinary of that pastor who ought to have assisted at the marriage, or from whom the blessing was to be received. Sess. 24. c. 1. De reform. matr.

This suspension (n. 6), which is suspension from office and benefice, has either been entirely abrogated or restricted to priests who are not pastors, through the decree Ne temere, August 2, 1907.

14. Seventh Tridentine suspension. Bishops who have not abstained from the crime of concubinage and, having been admonished by the provincial synod, have not amended themselves, are by the fact itself suspended. Sess. 25. c. 14. De reform.

Concubinary bishops incur suspension from office and benefice, but only if they have been warned in vain by the provincial synod.

Note 1. Some authors refer here the suspension which is carried against those promoted by leap; but this suspension is a mere prohibition.¹

Note 2. In like manner, suspension from office which is inflicted upon superioresses of monasteries who do not make the bishop more certain a month beforehand concerning the profession of their novices, is a prohibition and a penalty, since women are not subject to suspension.

¹ Council of Trent, sess. 23. c. 14. De reform.