Article — Noldin, Summa of Moral Theology
Article One. On Suspension in General
109. Nature. 1. Suspension is a censure by which a cleric is deprived of the use of power which he has by reason of order, office, or benefice.
a. Because suspension is a penalty proper to the clerical state, it can fall upon clerics alone, but not upon the faithful generally, as happens in excommunication.
b. Suspension does not take away the right itself or the power itself, such as benefice or office, but only their use and exercise.
c. Since suspension consists in the privation of the use of clerical power, only he can carry suspension who can grant clerical power. Therefore superioresses of nuns, just as they can suspend no one, so also they themselves cannot properly be suspended.
d. Suspension differs from deposition and degradation, which are vindicative penalties, by which a cleric is deprived not only of the use of power but, as far as can be done, of the power itself, office, or benefice.
Suspension properly so called, since it is a most grave penalty, cannot of itself be licitly carried unless admonition has first been given, the cause has been declared, and it is done by writing.
From suspension properly so called, suspension improperly so called must be distinguished; the former has the nature of censure, the latter does not, but either is a vindicative penalty, or a mere prohibition, if it is carried without fault. This distinction is therefore of great importance, because only the violation of suspension which has the nature of censure produces the effect of irregularity.
Suspensions which are carried by way of universal and stable law, even if only for a time, for a year or for three years, have the nature of censure; but suspensions are not censures:
a. Those which on account of past fault are carried either perpetually or by way of a particular sentence for a definite time;
b. Those which are inflicted without previous admonition, or without the cause having been declared, or orally;
c. Those which are inflicted upon a community;
d. Those which are imposed from informed conscience in such a way that the cause of the suspension in no way, not even implicitly, becomes known to the delinquent. Ordinarily, however, its cause, without admonition on the part of the judge, is already known from elsewhere; wherefore this suspension ordinarily has the nature of censure.2
1 Kober, Die Suspension der Kirchendiener (Tubing, Laupp, 1862). Hollweck, l. c. p. 132 ff.
2 Cf. Benedict XIV, De synodo l. 12. c. 8. n. 5. Acta s. sedis XIX. 561. Ballerini-Palmieri VII. n. 343.
110. Division. 1. Suspension is called general by which a cleric is deprived of the use of every power which he has either from order or from office or from benefice; it is called special by which a cleric is deprived of the use of power of one or another species only, namely by which he is suspended either from order or from office or from benefice.
- Special suspension is either total, if it deprives a cleric of the use of every power of some species, namely either of order or of office or of benefice; or it is partial, if it deprives him of the use of only part of the power of some species, as if someone is suspended only from celebration, not from the whole order, or only from hearing confessions, not from the whole office.
a. One totally suspended from order is deprived of the exercise of any order, except acts of minor orders which laymen also exercise; one totally suspended from office is deprived of the exercise of every order, of jurisdiction, such as dispensing, absolving, delegating, approving, etc., and of office, such as preaching, catechizing, caring for canonical books, etc. Suspension from office includes suspension from order; one totally suspended from benefice is deprived of the administration of the benefice and also of the right of receiving its fruits.
b. Various partial suspensions occur in law:
a. Suspension a divinis is understood by some (Hilarius a Sexten) of suspension from order, i.e. from every exercise of sacred order; by others (D'Annibale) of suspension from office, i.e. from every use both of order and of jurisdiction.
b. Against prelates there is carried the partial suspension from pontifical order, by which they are deprived of the use of the power which arises from episcopal order, such as ordaining, confirming, etc.; or suspension from pontificals, by which they are deprived of the use of pontifical insignia, namely miter, staff, and pallium, and consequently also of those acts of episcopal order which are not exercised without the aforesaid insignia, such as conferring orders, consecrating a church, etc.; but they are not deprived of those acts which can be done without insignia of this kind, such as celebrating in the manner of priests, confirming without staff and miter.
c. If someone is called simply and without addition suspended, suspension from office and benefice is to be understood, unless from the subject matter or from circumstances a limitation is gathered.
- By reason of the subject, suspension which is carried against individual persons is distinguished from suspension which is carried against an entire community.
Concerning this last suspension two things must be noted: a. Unless at the same time it falls upon determined persons, through it only those ecclesiastical functions are prohibited which are exercised by the community insofar as it is a moral body. Thus a suspended chapter is prohibited from making elections, celebrating divine things solemnly, etc.
b. If suspension of an entire community is at the same time carried against individual persons, it does not affect the innocent but only delinquents: for no one can be punished for another's fault.1 Therefore as to the innocent this suspension has the nature of a prohibition.
- Suspension from informed conscience2 is inflicted on account of causes known to the one carrying it, and therefore extrajudicially, with no admonition first given. The prelate is not bound to manifest these causes to the delinquent, but only to the holy see, if the suspended person has recourse to it.
1 Cf. St. Alphonsus n. 317.
2 Cf. concerning this suspension the canonists, especially Aichner, Compendium iuris eccl.^9 (Brixen, Weger, 1900) p. 784 ss.
111. Effects of suspension. 1. A suspended person who exercises an act prohibited to him by suspension sins gravely, unless smallness of matter excuses from grave sin.
a. Acts of sacred orders are judged grave by their nature; for this reason in their exercise, if they are performed solemnly, there is no smallness of matter.
b. A tolerated suspended person who exercises functions prohibited to him not spontaneously but when asked by the faithful does not sin; but a suspended person to be avoided, who has been publicly denounced as suspended, sins even if he is asked by the faithful, except in a case of urgent necessity.
An act of jurisdiction which one suspended from office places is invalid, if he is to be avoided, because he is deprived of jurisdiction; but if he is tolerated, the act is not invalid but illicit, and when it is requested by the faithful, the act is valid and licit. Acts which one suspended from benefice places, such as contracts, etc., are invalid, because the suspension itself deprives him of the power of administering the benefice and receiving its fruits.
One suspended from sacred order, but not likewise one suspended from jurisdiction and benefice, contracts irregularity if knowingly and solemnly, outside a case of grave inconvenience, he exercises the order from which he is suspended.
Since irregularity of itself is not incurred except through violation of censure properly so called, one suspended from order through exercise of the prohibited order does not incur irregularity if he violates suspension improperly so called (n. 109, 3), although he can sin gravely.
- One suspended from order by sentence of his own ordinary is everywhere kept from the exercise of the prohibited order; but one suspended from jurisdiction is not prohibited from receiving jurisdiction in another diocese.1
One suspended from order or from office is not prohibited from receiving the sacraments of penance and Eucharist, provided he truly sorrows for the fault on account of which the suspension was carried, nor is he deprived of the common suffrages of the Church.
1 Ballerini-Palmieri VII. n. 347.