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 II. On Penalties in Species › Part II. On Vindicative Penalties

Section — Wouters, Manual of Moral Theology

Section III. On Vindicative Penalties Peculiar to Clerics

891.

From canon 2298, the vindicative penalties which are applied to clerics alone are:

I. Prohibition of exercising the sacred ministry except in a certain church.

II. Suspension in perpetuity, or for a predefined time, or at the good pleasure of the Superior.

III. Penal transfer from an office or benefice obtained to a lower one; concerning this note: if a cleric obtains an irremovable benefice, he can be deprived of it as a penalty only in cases expressed by law; if it is removable, also for other reasonable causes (canon 2299, § 1).

IV. Deprivation of some right joined with a benefice or office; concerning this canon 2299, § 2, establishes: clerics obtaining benefices, offices, and dignities can also be prohibited for a certain time only from some ministry joined with them, for example the ministry of preaching, hearing confessions, etc.

V. Incapacity for all or for some dignities, offices, benefices, or other functions proper to clerics (cf. canon 2296).

VI. Penal deprivation of a benefice or office with or without pension; concerning this observe canon 2299, § 1, cited under III.

Note. Regarding numbers III, IV, and VI, note canon 2299, § 3: A cleric cannot be deprived of a benefice or pension by title of which he was ordained, unless provision is made from elsewhere for his honorable sustenance, saving the prescription of canons 2303, 2304.

VII. Prohibition of dwelling in a certain place or territory. The Ordinary can command as a penalty that a subject cleric remain outside a certain place or territory and dwell in a certain place or territory of his diocese; but he cannot prescribe that a cleric dwell in a certain place outside the boundaries of his diocese, unless the consent of the Ordinary of that place is added, or there is question of a house of penance or correction destined not only for diocesan clerics but also for outsiders, or of an exempt religious house, with the consent of its Superior (canon 2301). Nevertheless, both prescription and prohibition of dwelling in a certain place and placement in a house of penance or in a religious house, especially if they are going to endure for a long time, are to be imposed only in grave cases in which, in the prudent judgment of the Ordinary, these penalties are necessary for the amendment of the cleric or the repair of scandal (canon 2302).

VIII. Prescription of dwelling in a certain place or territory. See the things said under VII.

IX. Deprivation for a time of ecclesiastical habit. If a cleric gives grave scandals and, having been warned with threat of penalty, does not come to his senses, nor can the scandal be removed otherwise, he can meanwhile be deprived of the right of wearing ecclesiastical habit; this deprivation, while it endures, carries with it the prohibition of exercising any ecclesiastical ministries and deprivation of clerical privileges (canon 2300).

X. Deposition; concerning this we note:

  1. Deposition, the obligations arising from the order received and clerical privileges remaining firm, carries with it both suspension from office and incapacity for any offices, dignities, benefices, pensions, functions in the Church, and also deprivation of those things which the guilty person has,1 although he was ordained by title of them (canon 2303, § 1). But in this last case, if the cleric truly needs it, the Ordinary, according to his charity, should take care to provide for him in the better way possible, lest he be forced to beg with dishonor to the clerical state (canon 2303, § 2).

  2. The penalty of deposition cannot be inflicted except in cases expressed by law (canon 2303, § 3); moreover, it must be inflicted before a tribunal of five judges (canon 1576, § 1, 2°).

The penalty of deposition is always ferendae sententiae; therefore a deposed person is subjected to the effects of suspension after sentence as regards the validity of acts of office.

XI. Perpetual deprivation of ecclesiastical habit is a special penalty of a deposed cleric; for if a deposed cleric does not give signs of amendment, and especially if he continues to give scandal and, having been warned, does not come to his senses, the Ordinary can perpetually deprive him of the right of wearing ecclesiastical habit (canon 2304, § 1); but only before a tribunal of five judges (canon 1576, § 1, 2°). This deprivation (canon 2304, § 2) carries with it deprivation of clerical privileges and cessation of the prescription by which the Ordinary according to his charity should take care to provide for him, if the cleric truly needs it. Nevertheless he is bound by the obligation of observing celibacy and the canonical hours.

XII. Degradation; concerning this the Code establishes:

  1. Degradation contains in itself deposition, perpetual deprivation of ecclesiastical habit, and reduction of the cleric to the lay state (canon 2305, § 1). A degraded cleric in major orders is not bound to recite the canonical hours, but he is bound to observe celibacy (canons 135; 213, § 2); every degraded cleric besides is prohibited from wearing the tonsure (canon 213, § 1).

  2. This penalty can be issued only because of a delict expressed in law, or if a cleric, already deposed and deprived of clerical habit, still continues to give grave scandal for a year (canon 2305, § 2). But there is not an obligation of proceeding in this way immediately after a year.2 Besides, it must be inflicted in the same way as deposition and perpetual deprivation of ecclesiastical habit.

  3. Degradation is either verbal or edictal, which is imposed by sentence alone, yet in such a way that it immediately has all its juridic effects without any execution; or real, if the solemnities prescribed in the Roman Pontifical are observed (canon 2305, § 3). But this real degradation adds no juridic effect to the penalty already inflicted.

  4. Dispensation from the penalty of degradation inflicted on a cleric in major orders is reserved to the Holy See (canon 212, § 2); as regards dispensation from the penalty of deposition, the same is not established.

1 Wherever, for it is a penalty of common law (cited canon, § 3).

2 Against clerics in minor orders the Ordinary can proceed in an easier way, namely by decree; cf. canon 211, § 2, where the penalty of degradation is not even mentioned (cf. § 1). A cleric in minor orders dismissed in this way can be admitted again by the Ordinary according to canon 212, § 1, otherwise than a cleric in major orders (canon 212, § 2).

Censures and Ecclesiastical PenaltiesVindicative Penalties