Section — Prümmer, Manuale Theologiae Moralis
§ 2. On Suspensions In Force Today
The latae sententiae suspensions in force today are not so numerous (being reserved: 1. to the Holy See; 2. to bishops; 3. to religious superiors; 4. to no one); on the contrary, very many ferendae sententiae suspensions are found in the Code of Canon Law. For the sake of brevity, we treat only latae sententiae suspensions.
I. Suspensions reserved to the Holy See.
534. The following are suspended:
- Those conferring or receiving episcopal consecration without an apostolic mandate.
For it is established: "A bishop consecrating someone as a Bishop, the Bishops or, in place of Bishops, the priests assisting, and the one who receives consecration without an apostolic mandate contrary to the prescription of can. 953, are suspended by the law itself until the Apostolic See has dispensed them" (c. 2370).
- Clerics simoniacally giving or receiving ordination and other sacraments.
"All, even those raised to episcopal dignity, who through simony knowingly promote or are promoted to orders, or administer or receive other sacraments, are suspected of heresy; clerics furthermore incur a suspension reserved to the Apostolic See" (c. 2371).
- Those receiving orders from an especially unworthy minister.
"Those who presume to receive orders from one excommunicated, suspended, or interdicted after a declaratory or condemnatory sentence, or from a notorious apostate, heretic, or schismatic, contract by that very fact a suspension a divinis reserved to the Apostolic See; but one who in good faith has been ordained by any one of them is to abstain from the exercise of the order thus received until he is dispensed" (c. 2372).
- Those conferring orders without the requisite: a) dimissorial or testimonial letters; b) canonical title; c) necessary permissions in the ordination of religious.
For "the following incur by that very fact a suspension for one year from the conferral of orders, reserved to the Apostolic See:
"1. Those who ordain another's subject without dimissorial letters from his proper Ordinary;
"2. Those who illegitimately ordain their own subject who has remained elsewhere for so long a time that he could have contracted a canonical impediment there;
"3. Those who promote someone to major orders without a canonical title;
"4. Those who, without prejudice to a legitimate privilege, promote a religious belonging to a community which is outside the territory of the ordaining bishop, even with dimissorial letters from his proper superior, unless it has been legitimately proved either that the diocesan bishop gave permission, or that he is of a different rite, or that he is absent, or that he will not hold an ordination at the next legitimate time, or that the diocese is vacant and its ruler does not possess the episcopal character" (c. 2373).
- Religious clerics in major orders deceitfully emitting an invalid profession.
"A religious cleric whose profession has been declared null on account of deceit committed by him, if he is constituted in minor orders, is to be cast out of the clerical state; if in major orders, he remains suspended by that very fact until it has seemed otherwise to the Apostolic See" (c. 2387).
What is said here concerning a deceitful and invalid religious profession also holds for deceitful and invalid aggregation in clerical societies without vows, provided that the members live a common life (Pontifical Commission, June 2, 1918 [Acta Apost. Sed. X, 347]).
- A cleric in sacred orders who, after perpetual vows (whether simple or solemn), is dismissed on account of delicts lesser than those concerning which in c. 670, remains suspended by that very fact until he has obtained absolution from the Holy See (can. 671, § 1).
We treated the dismissal of religious more broadly in Man. iur. can., q. 261.
- Those illegitimately admitting to an ecclesiastical benefice, office, or dignity persons elected, presented, or nominated.
"Chapters, convents, and all others to whom it pertains, admitting persons thus elected, presented, or nominated before the presentation of the letters (of confirmation or institution), remain by that very fact suspended from the right of electing, nominating, or presenting, at the good pleasure of the Apostolic See" (c. 2394, n. 3).
II. Suspension reserved to the Ordinary.
535. The following are suspended: clerics violating the privilege of the forum with respect to lower ecclesiastical persons.
"If a cleric has dared to draw before a lay judge, without obtaining permission from the local Ordinary, another ecclesiastical person (who is not adorned with episcopal, cardinalitial, or greater prelatic dignity), he incurs by that very fact a suspension from office reserved to the Ordinary" (c. 2341). A layman committing the same delict no longer incurs any latae sententiae penalty, but rather a ferendae sententiae penalty.
III. Suspension reserved to the religious major Superior.
536. "A fugitive religious incurs by that very fact privation of office, if he has any in the religion, and a suspension reserved to his own major superior, if he is in sacred orders; but when he has returned, let him be punished according to the constitutions, and if the constitutions make no provision concerning this, let the major superior inflict penalties according to the gravity of the fault" (can. 2386).
A fugitive religious is one who departs from a religious house with the intention of living outside obedience for a time and afterward returning.
IV. Suspensions reserved to no one.
537. 1. "A priest who without necessary jurisdiction has presumed to hear sacramental confessions is by that very fact suspended a divinis; but one who has presumed to absolve from reserved sins is by that very fact suspended from hearing confessions" (can. 2366).
"One who without letters, or with false dimissorial letters, or before the canonical age, or by a leap has maliciously approached orders, is by that very fact suspended from the order received" (can. 2374).
"A cleric who has presumed to resign an ecclesiastical office, benefice, or dignity into the hands of laymen incurs by that very fact suspension a divinis" (can. 2400).
"An Abbot or Prelate nullius who (by apostolic prescription or by the constitutions of his own religion must be blessed, and nevertheless) has not received this blessing (within three months from the receipt of the apostolic letters, a legitimate impediment having ceased) is by that very fact suspended from jurisdiction" (can. 2402).
"A capitular vicar (illegitimately) granting dimissorial letters for ordination is by that very fact subject to suspension a divinis" (can. 2409).
"Religious superiors who (illegitimately) have presumed to send their subjects to another bishop to be ordained are by that very fact suspended from the celebration of Mass for one month" (can. 2410).