Scholion. On Penal Sanctions

The following are established:

I. With respect to the minister. They incur by the fact itself suspension for a year from conferral of Orders, reserved to the Apostolic See: 1° those who have ordained another's subject without the dimissorial letters of the proper Ordinary; 2° those who have ordained their own subject, who stayed elsewhere for so much time that he could have contracted a canonical impediment there, without due testimonial letters; 3° those who have promoted someone to major Orders without a canonical title; 4° those who, without prejudice to legitimate privilege, have promoted a religious belonging to a family which is outside the territory of the ordaining Bishop himself, even with dimissorial letters of the proper Superior, unless it has been legitimately proved that some one of the cases occurs of which in canon 966¹ (canon 2373).

II. With respect to the subject. 1. They contract by the fact itself suspension from divine things, reserved to the Apostolic See, 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; but one who in good faith has been ordained by any of these persons lacks the exercise of the Order thus received until he is dispensed (canon 2372). Dispensation from this suspension must be sought from the Holy Office, but it is scarcely, or hardly at all, granted.

2. One who maliciously approaches Orders without letters, or with false dimissorial letters, or before the canonical age, or by leap, is by the fact itself suspended from the Order received; but one who does so without testimonial letters, or while held by some censure, irregularity, or other impediment, is to be punished with grave penalties according to the circumstances of things (canon 2374).

III. With respect to minister and subject. 1. A Bishop consecrating someone as Bishop, the assisting Bishops or, in place of Bishops, the assisting priests, and the one who receives consecration without an apostolic mandate, are suspended by the law itself until the Apostolic See has dispensed them (canon 2370).

2. All, even those increased with episcopal dignity, who knowingly have promoted to Orders through simony or have been promoted, or have ministered or received other sacraments, are suspected of heresy; clerics, furthermore, incur suspension reserved to the Apostolic See (canon 2371).

IV. With respect to others. 1. A Vicar Capitular granting dimissorial letters for ordination against the prescription of canon 958, § 1, n. 3,² by the fact itself lies under suspension from divine things (canon 2409).

2. Religious Superiors who, against the prescription of canons 965-967,³ have presumed to send their subjects to an outside Bishop to be ordained, are by the fact itself suspended for a month from the celebration of Mass (canon 2410).

¹ Cf. n. 602.

² Cf. n. 601.

³ Cf. n. 602.