Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties › Treatise II. On the Penalties of Delict › Dissertation III. On Penalties Established for Individual Delicts › Part III. On Suspensions

Section — Wouters, Manual of Moral Theology

Section I. On Suspensions which Are Censures or Medicinal Penalties

900.

I. Clerics, even those raised to episcopal dignity, who knowingly through simony have promoted someone to Orders or have been promoted, or have administered or received other Sacraments, incur a suspension reserved to the Apostolic See (canon 2371).

  1. The discussion is of a generally issued suspension (p. 742).

  2. Simony is taken as explained on p. 773.

  3. Under the name of order here also come first tonsure and episcopate (canon 950).

  4. The word "knowingly" refers not only to the first part, but also to "have administered or received."

Note. Delinquents, even laymen, are moreover suspected of heresy (canon 2371).

II. 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 ipso facto suspension a divinis, reserved to the Apostolic See (canon 2372). Under the name of order here does not come first tonsure, since it confers no power from which someone can be suspended (cf. canon 950).

Note. One who in good faith has been ordained by one of those enumerated above lacks the exercise of the order thus received until he is dispensed (canon 2372). Here it is not a question of a penalty, since delict is absent, but of mere privation. The dispensation, however, in view of general principles, belongs to the proper Ordinary of the one ordained.

III. Until he obtains absolution from the Holy See, a religious dismissed for delicts less than those mentioned in canon 670 remains ipso facto suspended (canon 671, 1°).

IV. A cleric who, against the prescription of canon 120, has dared to drag before a lay judge another person enjoying the privilege of forum, namely apart from Cardinals of the Holy Roman Church or Legates of the Apostolic See, or major Officials of the Roman Curia for affairs pertaining to their function, or his own Ordinary, or another Bishop, even merely titular, or an Abbot or Prelate nullius, or major Superiors of religions of pontifical right, contracts ipso facto suspension from office reserved to the Ordinary (canon 2341). The prescription of canon 120, insofar as it must here be attended to, establishes that another person besides the enumerated persons cannot be summoned before a lay judge without the permission of the local Ordinary, namely of the place in which the case is being conducted.

On the word "dragging," see p. 766.

The Ordinary to whom the suspension is reserved is the proper Ordinary of the suspended person, not the local Ordinary whose permission had to be obtained.

Note. If the delinquent is a layman, he must be punished by the Superiors with other penalties according to the gravity of the fault, according to the norm of the constitutions (canon 2341).

V. A fugitive religious, if he is in sacred orders, contracts ipso facto a suspension reserved to his own major Superior (canon 2386), that is, a priest, deacon, or subdeacon. Under the name of religious here also come members in societies of men who imitate the manner of life of religious, living in common under the governance of Superiors according to approved constitutions, but are not bound by the three customary public vows, nor are they properly designated by the name religious1 (cf. canon 673, § 1).

The discussion is of a generally issued suspension (p. 742).

Note. The whole canon 2386 establishes the following: A fugitive religious incurs ipso facto privation of office, if he has any in religion, and suspension reserved to his own major Superior, if he is in sacred orders; but when he returns, he is to be punished according to the constitutions, and if the constitutions make no provision concerning this, the major Superior is to inflict penalties according to the gravity of the fault.

VI. The following contract a suspension reserved to no one:

  1. A priest who without necessary jurisdiction has presumed to hear sacramental confessions is ipso facto suspended a divinis (canon 2366). Without necessary jurisdiction, that is, without at least probable jurisdiction (cf. canon 209). What sacramental confession is, see n. 430. It is enough, however, that someone hear a confession of this kind, even if he does not absolve the penitent.

  2. A priest who without necessary jurisdiction has presumed to absolve from reserved sins is ipso facto suspended from hearing confessions (canon 2366). The pronouncement of the form of absolution is required, however, and mere hearing of confession or fictitious absolution is not enough.

  3. Whoever maliciously approaches orders without letters or with false dimissorial letters, or before canonical age, or by a leap, is ipso facto suspended from the order received (canon 2374). Under the name of order here does not come first tonsure, because it confers no power from which someone can be suspended (cf. canon 950).2 "Maliciously" is equated with the words "has presumed," etc., about which see p. 718.

  4. A cleric who has presumed to resign an ecclesiastical office, benefice, or dignity into the hands of laymen incurs ipso facto suspension a divinis (canon 2400).

  5. An Abbot or Prelate nullius who, against the prescription of canon 322, § 2, has not received the blessing, is ipso facto suspended from jurisdiction (canon 2402). Canon 322, § 2 establishes: Abbots or Prelates nullius who, by apostolic prescription or from the constitutions of their own religion, must be blessed, should receive the blessing, within three months from receiving the apostolic letters and with legitimate impediment ceasing, from the Bishop whom they prefer.

  6. A Vicar Capitular who grants dimissorial letters for ordination against the prescription of canon 958, § 1, n. 3, is ipso facto subject to suspension a divinis (canon 2409). From canon 958, § 1, n. 3, the Vicar Capitular can give dimissorial letters for seculars only with the consent of the Chapter after a year from the vacant see; but within the year only to those constrained by reason of a benefice received or to be received, or by reason of some certain office for which, because of the necessity of the diocese, provision must be made without delay.

1 Pontifical Commission, June 2-3, 1918 (A.A.S. 1918, p. 347).

2 Whether the Episcopate is included, cf. Cerato, op. cit., p. 195.

SimonySuspensionSuspensions which Are Censures or Medicinal Penalties