Chapter III. On Suspension

I. Notion. Suspension is a censure by which a cleric is prohibited from office or benefice, or from both (canon 2278, § 1). It is said:

1. Censure; but it can be inflicted as a vindicative penalty (canon 2255, § 2).

2. Cleric, because he alone is the subject of suspension; and indeed suspension can be issued against a community and members at the same time.

3. Office; this is understood strictly so called (canon 145, § 2), and is defined: a function constituted stably by divine or ecclesiastical ordination, to be conferred according to the norm of the sacred canons, carrying with it at least some participation in ecclesiastical power, whether of order or of jurisdiction (canon 145, § 1). But because the effects of suspension are maximally divisible (canon 2278), a cleric can by suspension be prohibited even from only part of the power either of order or of jurisdiction, as will be explained.

4. Benefice; moreover, an ecclesiastical benefice is defined as a juridic entity constituted or erected in perpetuity by competent ecclesiastical authority, consisting of a sacred office and the right of receiving revenues from the endowment annexed to the office (canon 1409). But in the penalty of suspension from benefice only the right of receiving revenues is considered, insofar as it is distinguished from the annexed office, as will also be clear below.

II. Division. Suspension can be distinguished into total and partial, according as it comprehends all or not all the effects of suspension. Partial suspension is chiefly divided into suspension from office alone and from benefice alone. Suspension from office is either from office simply or from some part of the office, for instance from jurisdiction, from divine things, etc.; these things will be clearer from what will be said concerning the effects of suspension.

III. Effects. The effects of suspension can be separated, but unless something else is established, suspension generally issued comprehends all the effects which are enumerated in the article on suspension; otherwise one must speak of suspension from office or from benefice, which comprehends only the effects of one or the other species. Regarding the effects in species, these things are established:

1. Suspension from office simply,¹ no limitation having been added, forbids every act both of the power of order and of jurisdiction, and also of mere administration belonging by office, except the administration of the goods of one's own benefice (canon 2279, § 1). For the administration of the goods of a benefice can be taken away only by an express clause, as is noted in canon 2280.

By force of canon 1095, a pastor or local Ordinary suspended from office, after sentence, assists at marriage invalidly, whether by himself or through another; before sentence he certainly assists validly, but perhaps illicitly by himself, because it seems to be an act of administration belonging by office. For the same reason other acts seem to be prohibited, such as the administration of Viaticum, solemn Baptism, etc. Preaching is not an act of jurisdiction strictly so called, nor, as it seems, of administration; but perhaps it is prohibited to one suspended from office as the exercise of the magisterium which belongs to him from granted jurisdiction.

2. Suspension from office partially carries these things with it:

a) Suspension from jurisdiction generally forbids every act of the power of jurisdiction for both forums, ordinary as well as delegated (canon 2279, § 2, 1°).² Jurisdiction is to be taken in the strict sense, so that it does not comprehend acts which require only mission or permission (canons 1328, 848, 748); likewise assistance at the contracting of marriage is not an act of true jurisdiction.

b) Suspension from divine things forbids every act of the power of order which someone obtains either through sacred ordination or through privilege (canon 2279, § 2, 2°). It is said through privilege, for instance the privilege of ministering Confirmation (canon 782, § 3).³

c) Suspension from orders forbids every act of the power of order received through ordination (cited canon, 3°), whether major or minor. "One thus suspended can exercise all acts of jurisdiction which do not require the actual use of order; therefore a Bishop suspended from orders only can approve Confessors, although he himself cannot absolve from sins";⁴ namely, he acts illicitly or invalidly according to canon 2284.

d) Suspension from sacred orders forbids every act of the power of order received through ordination in sacred orders (cited canon, 4°); the same applies as under c).

e) Suspension from exercising a certain and definite order forbids every act of the designated order; moreover the suspended person is also prohibited from conferring the same order and from receiving a higher order and exercising it after it has been received after suspension (cited canon, 5°).

f) Suspension from conferring a certain and definite order forbids conferring that order, but not an inferior or higher one (cited canon, 6°).

g) Suspension from a certain and definite ministry, for example hearing confessions, or office, for example one with care of souls, forbids every act of that same ministry or office (cited canon, 7°).

h) Suspension from pontifical order forbids every act of the power of episcopal order (cited canon, 8°), for example the blessing of holy oils, conferral of Orders, even Tonsure, consecration of a church, Confirmation, etc.; but a Pontifical Mass is permitted.

i) Suspension from pontificals forbids the exercise of pontifical acts (cited canon, 9°), namely of those sacred functions which by liturgical laws require the pontifical insignia, that is, the staff and miter (canon 337, § 2). One suspended in such a way is indirectly prohibited from exercising acts of order which cannot be exercised without pontificals. Therefore this suspension directly or indirectly prohibits: Pontifical Mass and Vespers, solemn assistance at Mass, conferral of Orders, Tonsure excepted, which probably can be conferred without staff and miter, consecration of a Bishop, blessing of an Abbot, solemn blessing and consecration of virgins, blessing and coronation of kings, blessing or consecration of a church bell, consecration of a church, altar, sacred vessels, solemn blessing of the cornerstone and cemetery, solemn reconciliation of a church and cemetery, solemn Confirmation.⁵

3. Suspension from benefice deprives one of the fruits of the benefice, except habitation in the benefice buildings, but not of the right of administering the benefice goods, unless the decree or sentence of suspension expressly takes away from the suspended person the power itself of administering and assigns it to another (canon 2280, § 1). Fruits are understood as all temporal revenues which remain after the necessary expenses of the benefice have been deducted, namely for Mass obligations, taxes, etc. What things are comprehended in the fruits of the benefice depends on its very erection, according to canon 1410; therefore the question cannot generally be solved, as several authors today have retained from the old law, whether, for example, daily distributions are comprehended in the fruits; rather, what the law is will have to be gathered from the custom of places and from the express will of the one issuing the penalty.⁶ See also canon 1412.

One suspended in such a way retains the right of administering the benefice goods, unless the decree or sentence of suspension expressly takes away the administration itself from the suspended person and assigns it to another (canon 2280, § 1). But if the suspended person truly needs it, he can retain those things which are necessary for his sustenance, if his penalty is vindicative; for this seems to be the benign mind of the Superior (cf. the parallel case, canon 2303, § 2); but not if the penalty is a censure, because its duration depends on the conversion of the delinquent (cf. St. Alphonsus VII, 316, doubt 1).

The suspended person must restore fruits illicitly received (cf. canon 2232, §§ 1 and 2); and, if need be, he can also be compelled to this restitution by canonical sanctions (canon 2280, § 2).

4. Suspension generally issued, or suspension from office or from benefice:

a) If it has been issued by the local Ordinary, it affects all offices or benefices which the cleric has in the diocese of the suspending Superior, unless something else appears (canon 2281); but the local Ordinary cannot suspend a cleric from a determinate office or benefice which is found in another diocese (canon 2282). It is expressly said: from a determinate office or benefice, because special suspensions, for example from orders, bind the guilty person everywhere (canon 2226, § 4); but if there is question of suspension from jurisdiction, only insofar as this depends on the Superior who inflicted the penalty.

b) If it is latae sententiae, imposed by common law, it affects all offices or benefices in whatever diocese they are possessed (canon 2282).

Note. The things which canon 2265 establishes concerning excommunication are also applicable to suspension (canon 2283). Hence to anyone suspended there are to be applied the things said on p. 735, n. 8, a) and b), alpha-delta.

5. If the censure of suspension which forbids administration of Sacraments and Sacramentals has been incurred, this prohibition does not press when, before sentence, he has been requested by the faithful, who may seek this for a just cause, especially if other ministers are lacking; or when, after sentence, he is requested in danger of death, either to absolve the faithful sacramentally, although another priest is present, or to give the other Sacraments and Sacramentals if other ministers are lacking. Besides, the things said on p. 734, 4, are to be applied, except the last clause, which is added from canon 2263 (canon 2284).

If the censure of suspension which prohibits an act of jurisdiction in the internal or external forum has been incurred, the things said under 6 are valid; nevertheless an act of jurisdiction is sometimes also invalid, namely if a declaratory or condemnatory sentence has been issued, or if the Superior declares that he revokes the jurisdiction itself; and when this last has taken place, even in danger of death only the faithful can seek from the suspended person an act of jurisdiction, which then is valid and licit, always saving canon 884 on absolution of an accomplice (canon 2284).

6. If a community or college of clerics has committed a delict, suspension can be issued either against the individual delinquent persons, or against the community as such, or against the delinquent persons and the community (canon 2285, § 1). Moreover:

a) If the first, the canons of this article are to be observed (canon 2285, § 2), that is, the canons explained in this chapter.

b) If the second, the community is prohibited from the exercise of the spiritual rights which belong to it as a community (canon 2285, § 3). One who ceases to be a member of the suspended community is freed from suspension by the fact itself, and does not need absolution.

c) If the third, the effects are cumulated (canon 2285, § 4).

¹ Sometimes the prohibition does not press, namely when the suspended person is requested according to canon 2284, concerning which see below pp. 768-769, note 3.

² What happens if the suspended person is requested by the faithful will be said below; in the same place there will be discussion of the validity of prohibited acts (canon 2284).

³ See again the limits of canon 2284.

⁴ Aertnys-Damen, op. cit., II, 1023.

⁵ Solemn is rather often added, because a simple priest can sometimes be delegated to perform several functions in a simpler manner without pontificals (canons 1156; 1163; 1170, § 2; 1205, § 1; 1207). Cf. also canon 294, § 2, as to which functions it is not licit for a Bishop to perform without pontificals, except Confirmation and Tonsure.

⁶ Chelodi, op. cit., p. 51.

IV. Violation of suspension is a grave or light sin according as the suspended person places an act excluded by suspension of grave or light importance. In addition, a suspended person prohibited from the exercise of Sacred Order, who places an act of Order reserved to clerics constituted in Sacred Order, is irregular (canon 985, 7°).