The special suspensions of the Code

1. First suspension. Chapters and convents of churches and monasteries, and all others who receive to the rule and administration of those churches or monasteries bishops or other prelates concerning the aforesaid churches or monasteries provided in any way at the same holy see, before they themselves have exhibited the apostolic letters concerning their promotion, incur by the fact itself suspension from the perception of their benefices, at the good pleasure of the holy see.

This suspension from benefices, possessed in common, carried against a community, chapters and convents, for an indefinite time, at the good pleasure of the holy see, does not have the nature of censure; nevertheless it also affects individual beneficiaries both within and outside the chapter who are guilty of the same delict, so that they are deprived even of the perception of the fruits of their own benefices.

2. Second suspension. Those ordaining someone without the title of benefice or patrimony, with the pact that the ordained person not seek support from them, incur by the law itself suspension for three years from the conferral of orders.

Only the one ordaining incurs suspension from the conferral of orders, both major and minor, but not of tonsure, for three years, if with a pact that the ordained person not seek support from him, he conferred major orders. If he confers orders only without the title of order, he does not incur the censure. After three years have elapsed, the suspension ceases of itself.

Note. In antiquity those who had been ordained without title were by the fact itself suspended from the exercise of order; afterward this suspension was restricted to those clerics alone who, having been ordained without title, had promised that they would not seek support from the one ordaining. Today, however, since the constitution Apostolicae sedis carries suspension against the one ordaining alone, neither one ordained without title, nor one who, having lost the former title, does not substitute another title, incurs any penalty, even if they acted in bad faith, nor consequently are they prohibited from the exercise of order.¹ Another thing has been established for professed regulars losing title.

3. Third suspension. Those ordaining another's subject, even under the pretext of a benefice immediately to be conferred or already conferred but in no way sufficient, without the dimissorial letters of his bishop; or even their own subject who has dwelt elsewhere for so long a time that he could have contracted a canonical impediment there, without testimonial letters of the ordinary of that place, incur by the law itself suspension for a year from the administration of orders.

Those incur suspension from the conferral of orders for a year who confer orders upon another's subject without dimissorial letters, or if they ordain their own subject without testimonials. Who is another's subject, and how long the dwelling in another diocese must be so that testimonial letters are necessary, is said elsewhere.²

4. Fourth suspension. He who, except in the case of legitimate privilege, shall have conferred sacred order without the title of benefice or patrimony upon a cleric living in some congregation in which solemn profession is not emitted, or even upon a religious not yet professed, incurs by the law itself suspension for a year from the conferral of orders.

Those incur suspension from the conferral of orders for a year who without the title of benefice or patrimony confer sacred order either upon a religious of an institute of simple vows, unless he has already emitted perpetual vows, or upon a religious of an order of solemn vows, unless he has already emitted solemn vows, except in the case of special privilege.

5. Fifth suspension. Religious ejected from religion and dwelling outside religion incur by the law itself perpetual suspension from the exercise of orders.

Ejected religious strictly so called, i.e. solemnly professed, who have been expelled from a just cause and with the legitimate form observed, incur suspension from the exercise of orders in perpetuity, i.e. for as long as they remain in the same condition. Apostates or fugitives do not incur it; nor those who have been expelled unjustly or without the prescribed form having been observed. Therefore, since the suspension can cease because the ejected person enters either the same or another order, nothing prevents this suspension from having the nature of censure.

Note. By the decree Auctis admodum (November 2, 1892), another twofold suspension is imposed upon certain religious constituted in sacred orders:

a. Upon those, whether solemnly or simply professed, who because of their delicts have been ejected or dismissed, until the holy see dispenses with them. Dispensation is granted if this twofold condition is verified: that they have found a bishop who is willing to enroll them in his clergy, and that they have provided for themselves concerning ecclesiastical patrimony.

b. Upon those simply professed who depart spontaneously, if they depart from the cloister before they have found a bishop who receives them and have provided for themselves concerning ecclesiastical patrimony.

6. Sixth suspension. Those who have presumed to receive the same order from one excommunicated or suspended or interdicted, denounced by name, or from a notorious heretic or schismatic, incur by the law itself suspension from the order received; but we declare that one who in good faith has been ordained by any of them does not have the exercise of the order thus received until he is dispensed.

Those who in bad faith receive order from an excommunicated person, etc., incur partial suspension from the order received; nevertheless ignorance both crass and supine and affected excuses them, since it says "have presumed to receive." Those who do this in good faith, i.e. with ignorance that the one ordaining is excommunicated, etc., do not incur the censure, but are prohibited from exercising the order received unless they have been dispensed by the bishop or by the holy see.

7. Seventh suspension. Secular foreign clerics dwelling in the City beyond four months, ordained by someone other than their own ordinary himself without the license of the Cardinal Vicar of the City or without previous examination completed before him, or even by their own ordinary after they have been rejected in the aforesaid examination; and also clerics pertaining to any of the six suburbicarian bishoprics, if they are ordained outside their own diocese, with dimissorials of their own ordinary directed to someone other than the Cardinal Vicar of the City; or if spiritual exercises for ten days in the urban house of priests called of the Mission have not been premised before sacred order is received, incur by the law itself suspension from the orders thus received at the good pleasure of the holy see; but bishops ordaining incur suspension from the use of pontificals for a year.

A twofold suspension is inflicted:

a. From orders received, against secular foreign clerics dwelling at Rome beyond four months, and against suburbicarian clerics, if without the norm prescribed by the holy see having been observed they receive order from another's bishop or even from their own bishop;

b. From the use of pontificals for a year, against bishops who confer orders upon them without the same norm having been observed.

¹ Cf. D'Annibale, Summula I. n. 412 note 42. Gasparri, De sacra ordinatione I. n. 613. Instruction of S. C. de Propag. Fide, April 27, 1871.

² Cf. De sacramentis^8 n. 478 ss. 491.

8. First Tridentine suspension. A bishop who exercises pontificals in another's diocese without the express license of the ordinary of the place incurs suspension from the exercise of pontificals; those thus ordained are by the law itself suspended from the execution of orders. Sess. 6. c. 5. De reform.

Concerning the reservation of this suspension, some say that the suspension from pontificals which the bishop incurs is reserved to the pope, and that the suspension from orders which one thus ordained incurs is reserved to the bishop whose rights were injured; but others teach that each is reserved to the pope, others that each is reserved to the bishop.

9. Second Tridentine suspension. Those who have not been constrained by occasion of a benefice received or to be received, and, the see being vacant, within a year from the day of vacancy have been initiated in major orders through dimissorial letters received from the chapter, are by the law itself suspended from the execution of orders at the good pleasure of the future prelate. Sess. 7. c. 10. De reform.

They incur suspension from the exercise of order who receive sacred order through dimissorial letters granted while the see is vacant within a year. Yet clerics are excepted who, on account of a benefice either to be received or to be retained, would have been compelled to receive sacred order. The suspension is reserved to the future bishop.

10. Third Tridentine suspension. Titular bishops who, even under pretext of familiarity and of their continuous sharing of table, shall have promoted another's subject to any sacred or minor orders, or first tonsure, without the express consent or dimissorial letters of his own prelate, incur suspension from the exercise of pontificals for a year; but one promoted in this way is by the law itself suspended from the execution of orders thus received until it shall have seemed good to his prelate. Sess. 14. c. 2. De reform.

Titular bishops who ordain another's subject, even to first tonsure only, without license or without dimissorial letters of the proper bishop, incur suspension from pontificals for a year. Those ordained thus are suspended from the exercise of the order received until it shall have seemed good to their own prelate.

11. Fourth Tridentine suspension. He who ordains another's subject without testimonial letters, i.e. letters by which the probity and morals of the one to be ordained are commended by the testimony of his ordinary, incurs suspension from the conferral of orders for a year; but the one ordained is suspended from the execution of the orders received for as long as it shall seem expedient to his own ordinary. Sess. 23. c. 8. De reform.

Bishops who ordain another's subject without testimonial letters incur suspension from the conferral of orders, but not also of tonsure, for a year. One thus ordained is suspended from the exercise of the order received for as long as it shall have seemed good to his own bishop.

12. Fifth Tridentine suspension. Abbots and other exempt persons, or colleges or chapters of any kind, even of cathedral churches, granting dimissorial letters to any secular clerics so that they may be ordained by others, are by the law itself suspended from office and benefice. Sess. 23. c. 10. De reform.

Regular abbots and others, however exempt, incur suspension from office and benefice for a year if they grant dimissorial letters to secular clerics so that they may be ordained by others. Just as abbots existing within the boundaries of some diocese and exercising jurisdiction over seculars cannot confer orders upon their secular subjects, so neither can they grant dimissorial letters to them, unless they have obtained a special privilege. The same holds for chapters which by special right exercise jurisdiction in some part of a diocese.

13. Sixth Tridentine suspension. If any pastor or other priest, whether regular or secular, even if he contends that this is licit to him from privilege or immemorial custom, shall have dared to join or bless in marriage spouses of another parish without the license of their pastor, let him remain suspended by the law itself for so long as he is not absolved by the ordinary of that pastor who ought to have assisted at the marriage, or from whom the blessing was to be received. Sess. 24. c. 1. De reform. matr.

This suspension (n. 6), which is suspension from office and benefice, has either been entirely abrogated or restricted to priests who are not pastors, through the decree Ne temere, August 2, 1907.

14. Seventh Tridentine suspension. Bishops who have not abstained from the crime of concubinage and, having been admonished by the provincial synod, have not amended themselves, are by the fact itself suspended. Sess. 25. c. 14. De reform.

Concubinary bishops incur suspension from office and benefice, but only if they have been warned in vain by the provincial synod.

Note 1. Some authors refer here the suspension which is carried against those promoted by leap; but this suspension is a mere prohibition.¹

Note 2. In like manner, suspension from office which is inflicted upon superioresses of monasteries who do not make the bishop more certain a month beforehand concerning the profession of their novices, is a prohibition and a penalty, since women are not subject to suspension.

¹ Council of Trent, sess. 23. c. 14. De reform.

113. The unjust morals of our times have given the holy see occasion for carrying these five suspensions.

15. First later suspension. From the bull Romanus pontifex, August 28, 1873.

Bishops who are guilty of that crime which by the constitution Romanus pontifex is punished in others by excommunication, incur not excommunication, but suspension from pontificals reserved in a special mode (n. 66).

16. Second later suspension. From the decree Vigilanti of S. C. C., May 25, 1893, and from the decree Ubi debita of the same sacred congregation, May 11, 1904.

Those who sin against these decrees¹ incur: a. if they are priests, suspension a divinis or from office, reserved to the pope; b. if they are clerics not yet priests, likewise suspension from orders and, in addition, inability to receive higher orders.

17. Third later suspension. From the bull Orientalium dignitas, November 30, 1894.

Latin missionaries, whether secular or regular, who induce any Eastern person by counsel or help to embrace the Latin rite, incur suspension a divinis.

18. Fourth later suspension. From the decree Anteactis temporibus of S. C. C., December 22, 1894.

They incur suspension a divinis:

a. Secular clerics and priests, and also regulars dwelling outside cloisters, who establish a stable domicile in the City without permission of the holy see.

b. Clerics and priests of another diocese who are chosen for an ecclesiastical office which requires residence in the City, without testimonial letters of their bishop and without permission of the holy see already obtained.

c. Those who for a just cause with the license of the ordinary are staying in the City, but as soon as a cause of this kind has ceased, or if they are recalled by their own bishop, do not return to their own diocese.

19. Fifth later suspension. From the decree In perturbationibus of S. C. C., July 12, 1900.

Priests and clerics who, in order to bring assistance in any way whatever to internal wars and political conflicts, even if they have not taken up arms, have deserted their own place of residence, and those who in civil war have voluntarily given their name to military service, contract suspension from order, from office, and from benefice, specially reserved.

¹ What these decrees establish, see n. 96.

I. Si clericus, non obtenta ab Ordinario loci licentia, aliam personam [infra Praelatum] privilegio fori fruentem ausus fuerit ad judicem laicum trahere, incurrit ipso facto in suspensionem ab Officio reservatam Ordinario (Can. (If a cleric, without having obtained permission from the Ordinary of the place, shall have dared to drag before a lay judge another person below the rank of Prelate who enjoys the privilege of the forum, he incurs ipso facto a suspension from office reserved to the Ordinary.) 2341).

II. Sacerdos qui sine necessaria jurisdictione praesumpserit sacramentales confessiones audire, est ipso facto suspensus a divinis; qui vero a peccatis reservatis absolvere, ipso facto suspensus est ab audiendis confessionibus (Can. (A priest who without the necessary jurisdiction presumes to hear sacramental confessions is ipso facto suspended from divine functions; but one who presumes to absolve from reserved sins is ipso facto suspended from hearing confessions.) 2366).

III. Episcopus aliquem consecrans in Episcopum, Episcopi, vel loco Episcoporum, presbyteri assistentes, et qui consecrationem recipit sine apostolico mandato, contra praescriptum Can. 953, ipso jure suspensi sunt, donec Sedes Apostolica eos dispensaverit (Can. (A Bishop consecrating anyone a Bishop, and the Bishops, or the priests assisting in place of Bishops, and he who receives the consecration without an apostolic mandate, against the prescription of Canon 953, are suspended by the law itself until the Apostolic See dispenses them.) 2370).

IV. Omnes, etiam episcopali dignitate aucti, qui per simoniam ad ordines scienter promoverint, vel promoti fuerint, aut alia sacramenta ministraverint vel receperint, sunt suspecti de haeresi; (All, even those endowed with episcopal dignity, who knowingly promote to orders by simony, or are so promoted, or administer or receive other sacraments by simony, are suspect of heresy;) clerici praeterea suspensionem incurrunt Sedi Apostolicae reservatam (Can. 2371).

V. Suspensionem a divinis Sedi Apostolicae reservatam, ipso facto contrahunt, qui recipere ordines praesumunt ab excommunicato vel suspenso vel interdicto post sententiam declaratoriam vel condemnatoriam; (There contract ipso facto a suspension from divine functions reserved to the Apostolic See those who presume to receive orders from a man excommunicated, suspended or interdicted after a declaratory or condemnatory sentence, or from a notorious apostate, heretic or schismatic.) aut a notorio apostata, haeretico, schismatico; qui vero bona fide a quopiam eorum sit ordinatus, exercitio careat ordinis sic recepti donec dispensetur (Can. 2372).

VI. In suspensionem per annum ab ordinum collatione Sedi Apostolicae reservatam ipso facto incurrunt: (1) Qui contra praescriptum Can. 955 alienum subditum sine Ordinarii proprii litteris dimissoriis ordinaverint.

(2) Qui subditum proprium qui alibi tanto tempore moratus sit ut canonicum impedimentum contrahere ibi potuerit, ordinaverint contra praescriptum Can. (There incur ipso facto a suspension for a year from conferring orders, reserved to the Apostolic See: (1) those who, against the prescription of Canon 955, ordain another’s subject without dimissorial letters from his own Ordinary; (2) those who ordain their own subject who has stayed elsewhere long enough to have been able to contract a canonical impediment there, against the prescription of the Canon.) 993, n. 4; 994.

(3) Qui aliquem ad ordines majores sine titulo canonico promoverint contra praescriptum Can. ((3) Those who promote anyone to major orders without a canonical title, against the prescription of the Canon.) 974, sec. I, n. 57.

(4) Qui salvo legitimo privilegio, religiosum, ad familiam pertinentem quae sit extra territorium ipsius ordinantis, promoverint, etiam cum litteris dimissorialibus proprii Superioris, nisi legitime probatum fuerit aliquem e casibus occurrere de quibus in Can. (even with dimissorial letters from his own Superior, unless it has been lawfully proved that one of the cases occurs which are mentioned in Canon 966.) 966 (Can. 2373).

VII. Qui sine litteris vel cum falsis dimissoriis litteris, vel ante canonicam aetatem, vel per saltum, ad ordines malitiose accesserit, est ipso facto a recepto ordine suspensus 2374). (Whoever maliciously approaches orders without dimissorial letters, or with false ones, or before the canonical age, or by a leap, is ipso facto suspended from the order he has received.) (Can. VIII. Religiosus fugitivus ipso facto incurrit in privationem officii si quod in religione habeat, et in suspensionem proprio Superiori majori reservatam, si sit in sacris (Can. (A fugitive religious incurs ipso facto the loss of any office he may hold in the institute, and, if he is in sacred orders, a suspension reserved to his own major Superior.) 2386).

IX. Religiosus clericus cujus professio ob admissum ab ipso dolum nulla fuerit declarata, si sit in minoribus ordinibus constitutus, e statu clericali abjiciatur; si in majoribus, ipso facto suspensus manet, donec Sedi Apostolicae aliter visum fuerit (Can. (A religious cleric whose profession has been declared null on account of fraud committed by himself is, if he is constituted in minor orders, to be cast out of the clerical state; if in major orders, he remains ipso facto suspended until the Apostolic See shall determine otherwise.) 2387).

X. Professus votorum perpetuorum ordinatus in sacris dimissus ob delicta minora iis de quibus in Can. (One professed of perpetual vows and ordained in sacred orders, who is dismissed for offences less than those mentioned in Canon 670, remains ipso facto suspended until he obtains absolution from the Holy See.) 670, ipso facto suspensus manet, donec a Sancta Sede absolutionem obtinuerit (Can. 671).

XI. Clericus qui in manus laicorum officium, beneficium, aut dignitatem ecclesiasticam resignare praesumpserit, ipso facto in suspensionem a divinis incurrit (Can. (A cleric who presumes to resign an ecclesiastical office, benefice or dignity into the hands of laymen incurs ipso facto suspension from divine functions.) 2400).

XII. Abbas vel Praelatus nullius qui contra praescriptum Can. (An Abbot or Prelate nullius who, against the prescription of Canon 322 §) 322, sec. 2, benedictionem non receperit, est ipso facto a jurisdictione suspensus (Can. (2, has not received the blessing, is ipso facto suspended from jurisdiction.) 2402).

XIII. Vicarius Capitularis concedens litteras dimissorias pro ordinatione contra praescriptum Can. (A Vicar Capitular granting dimissorial letters for ordination against the prescription of Canon 958 §) 958, sec. 1, n. 3, ipso facto subjacet suspensioni a divinis (Can. 2409).

XIV. Superiores religiosi qui contra praescriptum Can. 965967 subditos suos ad Episcopum alienum ordinandos remittere praesumpserint ipso facto suspensi sunt per mensem a Missae celebratione (Can. (Religious Superiors who, against the prescription of Canons 965-967, presume to send their subjects to another Bishop for ordination are ipso facto suspended for a month from the celebration of Mass.) 2410).

Of suspensions now in force by law, some are medicinal penalties or censures, others are vindicative penalties (n. 2255, § 2).

I. Chapters and convents of churches and monasteries, and all others who receive Bishops or other Prelates to the governance and administration of those churches or monasteries provided in any way concerning the aforesaid churches or monasteries by the same Holy See, before they themselves have exhibited the Apostolic Letters concerning their promotion, incur by that very fact suspension from receiving their benefices, at the good pleasure of the Holy See.

From receiving their benefices. "When a chapter or convent is suspended, the individual persons are not judged suspended, unless they are at fault. When suspension is imposed on the community alone, it does not affect individual persons as regards particular duties, but only as regards offices or benefices of the whole community." L. 317. But benefices of the whole community are those which pertain to the community as a community, although their fruits are distributed to individual persons. Benefices: those things which are of order and jurisdiction remain intact. Receiving, not administration; namely receiving the fruits. At the good pleasure of the Holy See: therefore this suspension is not going to endure for some determinate time, but as long as it shall please the Holy See, i.e., the Roman Pontiff existing for the time and his successors, namely until the suspended persons have deserved to obtain the grace of the same See concerning this. Therefore, when the will of the Holy See to remit or revoke the suspension has been declared, without another absolution absolution it expires. Laymann, part 3, chap. 3, n. 3.

And all others: these words, in their obvious sense, do not seem to be understood of the individual persons of chapters and convents, but seem to be referred to others who are not members of chapters and convents. Hence chapters and convents are indeed suspended from common benefices, which those chapters and convents, as such, possessed, but by no means from the benefices which the individual persons possess. But others besides chapters and convents, all indeed are punished by deprivation of the reception of those things which they individually hold. This suspension, as regards chapters and convents, is partly a penalty, partly a privation; and those also incur it who, from among the chapters and convents, have not received. But as regards others it is simply a penalty; hence they do not incur it unless they are not free from mortal fault.

They receive to the governance and administration: a Bishop or Prelate is judged to be received into the governance and administration of a church as soon as his authority is acknowledged as legitimate by receiving and admitting him. Therefore, once the Prelate has been received, those who render obedience to him when already received and in peaceful possession of his office do not incur this suspension. Bishops: some understand this of consecrated Bishops; because, since we are in odious matters, we use strict interpretation. Others, however, understand also those simply elected or confirmed, though they have not yet received episcopal consecration, because it is said, provided in any way, and there is question of promotion. Cf. Ferraris, v. Episcopus, art. 2, nn. 32, 36, 38. Prelates: those who possess quasi-episcopal and external jurisdiction, not those who are sent as merely administrators. Provided in any way at the same Holy See, namely "who are promoted at the said See, or receive the office of confirmation, consecration, or blessing." Extravag. comm. Iniunctae nobis, chap. 1, de Electione. Bonacina, disp. 3, q. 4, part 40.

II. Those ordaining anyone without title of benefice or patrimony, with an agreement that the one ordained shall not seek support from them, incur by the law itself suspension for three years from the conferral of orders.

Suspension for three years: therefore, when the three years have passed, the suspension expires of itself. Laymann, part 3, chap. 3, n. 3. Those ordaining without title of benefice or patrimony: therefore there is question of the conferral of major orders; for to receive these, a title of benefice, or, this failing, of patrimony, is required. Anyone, whether another's subject or one's own subject, cf. chap. Si Episcopus 37, de Praeb. in 6; whether secular, though regulars are excepted, as having a privilege in this matter. Cf. 1222. Without title: therefore they incur this censure if they ordain someone with a false title, from which no right of receiving fruits passes to the one ordained. But by no means do they incur it if they ordain someone with a title, though insufficient, although this is forbidden by the Council of Trent. Patrimony: perpetual pensions, perpetual legacies of Masses, and manual chaplaincies under condition until the ordained person is provided for are counted as patrimony. L., book 6, n. 825; Benedict XIV, Notification 26.

With an agreement, etc. "Innocent III, in chap. Cum secundum Apostolum, de Praeb., imposed on those ordaining, who promote clerics to sacred orders without title, the burden of supporting them until through them they obtain ecclesiastical benefices. This was also confirmed and explained in chap. Si Episcopus, de Praeben. in 6; but in the Lateran Council under Alexander III, part 1, chap. 5, a limitation was added: Unless the one ordained can have support from his own or paternal inheritance. Yet this is now to be observed according to the prescriptions in the Council of Trent, sess. 21, chap. 2, de Ref." Suarez, disp. 31, sect. 1, seventh suspension. Chap. Si quis 45, de Simon.; Card. De Luca, works, t. 14, Annotations to the Sacred Council of Trent, disc. 14; Bonacina, disp. 3, q. 1, part 8.

III. Those ordaining another's subject, even under the pretext of a benefice to be conferred immediately, or already conferred but by no means sufficient, without the dimissorial letters of his Bishop; or one's own subject who has stayed elsewhere for so long a time that he could have contracted a canonical impediment there, without testimonial letters of the Ordinary of that place, incur by the law itself suspension for one year from the administration of orders.

Those ordaining: even those conferring only minor orders, even according to some tonsure; for the word is general and is extended to every ordainer. Yet with reason first tonsure is excluded, since it is not an order. Holy Office, April 18, 1888. Another's subject: one who consequently is not one's own subject, neither by title of birth, nor of origin, nor of domicile, nor of benefice, nor of familiarity, nor of incardination. Even under the pretext: therefore the present censure is incurred even if someone ordains another's subject without such pretext, without dimissorial letters of the Bishop whose subject he is.

Dimissorial letters are those which contain in writing the express consent and permission of the proper Bishop that his subject may be ordained by another Bishop. Testimonial letters are those which make trustworthy proof that someone is worthy to whom orders may be conferred. Therefore commendatory letters in general concerning someone's life and morals are not sufficient without any respect to receiving orders. But the aforesaid permission and testimony can also be given by living voice from Trent, sess. 14, de Ref., chap. 2, except for Ultramontanes dwelling in Italy, chap. 1, de Temp. ord. in 6. Testimonial letters must be given by the Bishop of domicile, by the Bishop of origin, by the Bishop of the place where someone was born by chance, and by the Bishop of the place where someone has stayed for some time, if he has stayed in such a place for so long, namely beyond six months, and at such an age, namely after the seventh year, that he could have contracted a canonical impediment. But what is here prescribed concerning dimissorial and testimonial letters also pertains to those who have given their name to Pious Societies or Congregations in which simple vows are emitted. Sacred Congregation of Bishops and Regulars, May 6, 1864. But for those religious who today emit simple vows before solemn vows, during the triennium of these vows after the novitiate, dimissorials are given by Regular Superiors only as regards tonsure and minor orders. Sacred Congregation of Bishops and Regulars, January 12, 1858; but after solemn vows have been emitted, as regards all orders.

Of his Bishop: namely, the one who could have conferred orders on him, or granted dimissorials for orders. But by the name Bishop here is also understood the Vicar General, when the Bishop is acting in remote places; and the Vicar Capitular, when the See is vacant, and indeed even within the year for those who are pressed, namely those for whom, by reason of a benefice either received or to be received, it is necessary that the conferral of sacred order or tonsure not be deferred; after the year, for those not pressed. For so long a time, i.e., as in marriages according to the truer opinion, beyond six months, or beyond three for clerics assigned to military service. Cf. 893. A canonical impediment, for example censures, irregularity, etc. Chap. Eos qui 2, de temp. ordin. in 6; Innocent III, chap. Speculatores, November 4, 1694; Card. De Luca, loc. cit.; Bonacina, disp. 3, q. 1, q. 11, q. 2, part 7; Giraldi, Expos. Iur. Pont., part 2, sect. 96; Honorante, Prax. Secret. Urb. Vicar., chap. 1, n. 9; E.M.

IV. He who, except in the case of legitimate privilege, has conferred sacred order without title of benefice or patrimony on a cleric living in some Congregation in which solemn profession is not emitted, or even on a religious not yet professed, incurs by the law itself suspension for one year from the conferral of orders. "Pius V, by the motu proprio of the year 1568, which begins Romanus Pontifex, extended the decree of the Council of Trent, sess. 21, chap. 2, de Ref., insofar as it requires the title of benefice or patrimony, even to religious clerics or those living after the manner of religious, who have not emitted profession and solemn vows; and he suspends by the law itself those otherwise ordained, and if they minister he makes them irregular." Suarez, de Cens., disp. 31, sect. 1. This extension of St. Pius V is preserved by the Constitution Apostolicae Sedis, as is clear from the present suspension. Except in the case of legitimate privilege: hence the Religious of the Society of Jesus are excepted, although they have emitted only simple vows, from the Constitution of Gregory XIII Ecclesiae catholicae, June 28, 1591. Cf. Sanchez, Consil. Mor., book 7, chap. 3, dub. 35, n. 9.

A cleric in some Congregation, etc.: therefore, apart from a special privilege, they cannot be ordained by the title of poverty: 1. religious who have emitted simple vows in a Congregation to which simple vows only were granted; 2. religious who now emit simple vows by pontifical mandate, although they belong to orders in which formerly only solemn vows were emitted. Sacred Congregation, January 20, 1860. He who has conferred sacred order: therefore a single class of persons incurs this suspension, namely those themselves conferring the order, or ordaining. Card. De Luca, loc. cit.; Bonacina, disp. 3, q. 1, part 8, q. 2, part 10.

V. Religious who have been ejected and are living outside religion incur by the law itself perpetual suspension from the exercise of orders.

Religious. The aforesaid suspension touches only religious admitted to solemn profession, 1. because the Sacred Congregation of Cardinals for interpreting the Council of Trent, on September 21, 1624, after counsel had been communicated with Urban VIII and by his faculty, issued among other things the following Decree: "Those ejected and living outside religion are perpetually suspended from the exercise of orders, the faculty of the Ordinaries of places to relax or moderate the said suspension having been removed." But the aforesaid suspension, according to the common opinion of theologians, did not touch religious not admitted to solemn profession. 2. For by the name religious in odious matters only religious strictly so called, or professed, are customarily meant. Therefore neither novices nor religious who have emitted only simple vows incur this censure. Ejected: therefore apostates or fugitives do not incur this suspension, because they have not been ejected. Nor do the unjustly ejected incur it. Therefore it is necessary that someone be ejected for a just cause and with the order of law observed. Otherwise he will not truly have been ejected. Living outside religion: therefore those ejected persons who are received again, or who pass canonically to another religion, are no longer bound by this suspension, because they are not living outside religion. Bonacina, disp. 3, q. 8, part 12; de Claus., q. 2, part 12; Lucidi, vol. 2, p. 36 ff., ed. 3.

From the Decree of the Sacred Congregation of Bishops and Regulars, November 4, 1892: "Alumni of solemn or simple vows, perpetual or temporary, constituted in sacred orders, who shall have been expelled or dismissed, are to remain perpetually suspended until the Holy See provides for them in another way; and besides this, until they find a benevolent receiving Bishop and provide for themselves concerning ecclesiastical patrimony. Those who, constituted in sacred orders and bound by simple vows, whether perpetual or temporary, have spontaneously sought and obtained dismissal from the Apostolic See, or otherwise by Apostolic privilege have been dispensed from simple vows, whether perpetual or temporary, are not to leave the cloister until they find a benevolent receiving Bishop and provide for themselves concerning ecclesiastical patrimony; otherwise they remain suspended from the exercise of the orders received. This is extended also to alumni of simple temporary vows who would already be released from every bond of profession because the time for which the vows were pronounced by them has elapsed." Therefore the ejected are always to be dispensed by the Holy See, even if they have found a receiving Bishop and provided for themselves concerning patrimony. The dismissed and others, if they have found a receiving Bishop and provided for themselves concerning patrimony, by that very fact their suspension ceases.

According to the most recent Decree concerning the expulsion or dismissal of Religious, Sacred Congregation concerning Religious, Quum singulae, par. 20: "20. All Religious, of whom there is question, constituted in Sacred Orders, who shall have been expelled or dismissed, remain perpetually suspended until from the competent Authority, after amendment of life, they have obtained dispensation. Religious or Clerics not in Sacred Orders, expelled or dismissed, are prohibited from ascending to higher Orders without permission of the Holy See. But all expelled or dismissed, even if they have truly amended themselves, will not be able to be admitted to their own or to another Order or Congregation without special permission of the Apostolic See."

Furthermore, attention must be paid to the new clauses, though not expressed, which must be understood as annexed to Rescripts of secularization or of dispensation from perpetual vows, which are granted to religious clerics constituted in sacred orders. Cf. vol. 3, n. 254.

VI. Those who have presumed to receive the same order from one excommunicated or suspended or interdicted, if these have been denounced by name, or from a notorious heretic or schismatic, incur by the law itself suspension from the order received; but one who in good faith has been ordained by any one of them, We declare not to have the exercise of the order so received until he is dispensed.

Suspension from the order received, i.e., validly received; otherwise suspension could not even be understood. Those who receive the same order, etc.: therefore it is not a total suspension from every order received, but a partial one only from the order received from one excommunicated, suspended, or interdicted. From the order received: therefore this suspension is not extended also to first tonsure; but it is extended to the consecration of a Bishop, for the text speaks generally. From one excommunicated, or suspended, or interdicted from the conferral of orders. Denounced by name, or from a notorious heretic or schismatic: therefore the present suspension is not incurred if the order is received from one interdicted, suspended, or excommunicated, but tolerated; or from a heretic or schismatic, but occult.

They have presumed: therefore ignorance, even crass or supine, and grave fear excuse from this suspension.

But one who in good faith... not to have the exercise: the opposition which is here established between him who presumes to receive order and him who in good faith is ordained by an excommunicated person; likewise that different manner of speaking, for of the first it is said that he incurs suspension, of the later that he does not have the exercise of the order so received, seems openly to imply that this privation of the order received is not imposed as a censure on the ordained person, but as a privation and penalty to the injury of the ordainer acting without due power, and as a kind of irregularity from defect. Hence the same must be said also in the case of coercion and of fear falling on a steadfast man. For that defect of power is not removed because of fear; indeed, in some way it is increased, especially if it is instilled by the very ordainer. Until he is dispensed: this dispensation, as is clear from law, is not reserved to the Supreme Pontiff; nor indeed is it reserved here, since it is put indefinitely; hence it is to be understood with the clause, according as by law. Until he is dispensed by his Bishop. Before dispensation he sins by ministering in the orders received. Chap. Quoad 1, de Schism.; chap. Fraternitati 2, ibid.; chap. unic. de Ordinatis ab Episc. qui ren. ep.; Bonacina, disp. 2, q. 1, parts 9, 10; Thesaurus, de Poenis eccles., part 2, Ordo, chap. 24, n. 1, v. Limita et advertendum.

VII. Secular clerics who are foreigners, staying more than four months in the City of Rome, ordained by someone other than their own Ordinary without permission of the Cardinal Vicar of the City, or without a previous examination completed before the same, or even by their own Ordinary after they have been rejected in the aforesaid examination; and also clerics belonging to one of the six suburbicarian bishoprics, if they are ordained outside their own diocese, with dimissorials of their Ordinary directed to another than the Cardinal Vicar of the City, or without spiritual exercises having first been made for ten days, before receiving sacred order, in the urban house of the priests called of the Mission, incur by the law itself suspension from the orders thus received at the good pleasure of the Holy See. But the Bishops ordaining incur suspension from the use of pontificals for one year.

Secular clerics: these things therefore do not pertain to regulars, nor to laymen who receive tonsure and, with it, minor orders at the same time. More than four months: not before this time; namely those who have stayed in the City for a shorter time. Foreign clerics here are said to be those who belong neither to the Roman diocese nor to one of the six suburbicarian bishoprics. This is clear from that other added part: foreign secular clerics... and also clerics belonging to one of the six suburbicarian bishoprics, etc. Staying in the City, and still continuing to stay there; for it is said staying in the City, not who have stayed, ordained by another, etc.; therefore these things do not pertain to those who indeed depart to be ordained, but are no longer going to return. Proper Ordinary, by reason of origin, or domicile, or incardination, or benefice, or familiarity. After they have been rejected in the aforesaid examination; not likewise without the aforesaid previous examination. And also clerics belonging, etc.: it is not added, staying more than four months in the City of Rome. Therefore they incur this suspension, although they are staying in their own diocese, if, etc. The suburbicarian bishoprics are Ostia, Porto and Santa Rufina, Albano, Palestrina, Sabina, Tusculum, Velletri. Cf. motu proprio of Pius X Edita a Nobis, May 5, 1914.

Or without the exercises having first been made: namely unless they enjoy a privilege. Before sacred order, not any order whatsoever. Priests of the Mission, commonly called Lazarists, are those who have St. Vincent de Paul as founder. Bishops ordaining: not those conferring simple tonsure. Suspension from the use of pontificals. Cf. 1130, 1131. Edict of the Cardinal Vicar issued by order of Benedict XIV, March 20, 1743; Declaration issued by order of Alexander VII in 1668; Honorante, Prax. Secret., chap. 16.

The preceding suspensions are not all censures in the strict meaning; for some are simply penalties, namely those which are imposed at good pleasure, in perpetuity, or for a determinate time, e.g., for three years, for one year. But one is simply a privation, such as that which is imposed on clerics receiving orders in good faith from a Bishop excommunicated by name, etc. Finally, one is a privation and a penalty, such as that which is imposed on Chapters and Monasteries. Hence violation of suspension in innocent persons, in moral persons, in Chapters, Monasteries, Universities, etc.; and in individual persons indeed who are gravely guilty, either in perpetuity or at good pleasure, induces no irregularity. Whether the same holds when suspension is imposed to a fixed day, for a year, for three years, some deny, because it does not have the nature of censure, namely of a medicinal penalty; others affirm from chap. Cum aeterni 1, de Sent. et re iud. in 6; and more truly, since from the very fact that it is imposed by the law itself it is already for preventing future delicts, and not only for punishing past ones. Therefore from this head it truly also has the nature of censure. Cf. L., book 7, n. 314; Salm., t. 10, chap. 5, n. 13.

The Tridentine suspensions to be added to the preceding suspensions of the Constitution Apostolicae Sedis are the following:

VIII. "It shall not be lawful for Chapters of Churches, when the See is vacant, within one year from the day of vacancy, to grant permission to ordain, or dimissorial letters, or reverends, as some call them, whether from the disposition of common law or even by force of any privilege or custom, to anyone who has not been pressed by reason of an ecclesiastical benefice received or to be received. If otherwise is done, the Chapter contravening is subject to ecclesiastical interdict, and those thus ordained, if they have been constituted in minor orders, shall enjoy no clerical privilege, especially in criminal matters; but if in major orders, they are suspended by the law itself from the execution of orders, at the good pleasure of the future prelate." Sess. 7, chap. 10, de Ref.

If they have been constituted in minor orders. "For those receiving minor orders another penalty is established, namely that they are not to enjoy clerical privilege, especially in criminal matters; therefore they are not suspended, as the Congregation of the Council declared... The penalty imposed on those ordained in minor orders does not comprehend this one receiving first tonsure; because under the designation of minor orders, especially in a penal and odious decree, only the four minor orders are understood, and not first tonsure, which is distinguished from them... But one pressed by reason of a benefice received is said to be he who holds a benefice by reason of which he is obliged to have himself promoted; as he who holds a parochial church is pressed to be promoted to priesthood within a year... But one pressed by reason of a benefice to be received is said to be he who has been called to a vacant benefice requiring a certain order which he lacks." Castropalao, de Cens., disp. 4, part 10, par. 1, n. 11; Suarez, de Cens., disp. 31, sect. 1, second suspension; Bonacina, de Suspens., disp. 3, part 5, par. 1, n. 5. Within one year from the day of vacancy: because if after a year the See is still vacant, it is permitted that the Chapter provide for new priests by granting dimissorials. But to grant dimissorial letters after a year pertains to the Vicar Capitular, not to the Chapter. The Vicar of the Supreme Pontiff, when the See is vacant, is by no means comprehended in the Tridentine decree. Permission to ordain: for tonsure to be conferred, dimissorials can be granted even within the year. Sacred Congregation of the Council, February 10, 1594.

This penalty "imposed on those who, contrary to this Decree of the Holy Synod under Paul III (sess. 7, chap. 10, de Ref.), obtain dimissorial letters from the Episcopal Chapter when the See is vacant, it commands to be extended to those who obtain the same letters not from the Chapter but from any others succeeding to the place of the Chapter in the Bishop's jurisdiction when the See is vacant. But those granting dimissorials contrary to the form of the Decree are by the law itself suspended from office and benefice for one year." Council of Trent, sess. 23, chap. 10, de Ref. Bonacina, disp. 3, q. 1, part 11.

IX. Let each one be ordained by his own Bishop. But if anyone seeks to be promoted by another, let this by no means be permitted to him, even under pretext of any general or special Rescript or Privilege, even at the stated times, unless his probity and morals are commended by the testimony of his Ordinary. If otherwise is done, let the ordainer be suspended from the conferral of orders for one year, and the ordained from the execution of the orders received for as long as it shall seem expedient to his proper Ordinary. Sess. 23, chap. 8, de Ref.

Unless his probity and morals are commended by the testimony of his Ordinary. Therefore this suspension is incurred by the foreign Bishop ordaining, and by the one ordained by him without testimonial letters of the proper Ordinary. Therefore here there is no question of the lack of dimissorial letters. "A cleric who has obtained a Rescript or Privilege from the Pope to receive orders from any Bishop, if he receives them without commendatory letters of his proper Bishop, incurs the same suspension from the same Tridentine decree, because that rescript excludes dimissorial letters but not commendatory letters, i.e., testimonial letters concerning life and morals." Bonacina, n. 22; Mazzotta, tract. 8, disp. 3, q. 2, chap. un., par. 1, n. IX. But this censure is incurred "by reception of both major and minor orders, because the text speaks generally of all, as the Sacred Congregation of the Council declared there. But by reception of first tonsure this suspension does not seem to be contracted." Castropalao, de Cens., disp. 4, part 10, par. 1, n. 4.

For one year. "How is a suspension imposed for a determinate time, or under some condition, removed? Resp. If the time has elapsed, or the condition has been fulfilled, it ceases without any absolution, because it cannot proceed beyond the intention of the one imposing it... But in the intervening time, or before the condition has been fulfilled, such a suspension can be removed by dispensation by him who imposed it, or by his Superior or successor, but not by an inferior. And therefore if it has been imposed by common law for a certain time, only the Pontiff can remove or relax it before the time is finished... The reason is that otherwise the intention of the Pontiff would be frustrated." Schmalzgrueber, book 5, tit. 39, nn. 311, 312. For as long as it seemed expedient to the proper Ordinary. This suspension is to be removed by the proper Bishop, to whom the injury was done. Bonacina, disp. 3, q. 1, part 11.

X. It shall not be lawful hereafter for Abbots and any others whatsoever, however exempt, who are situated within the boundaries of any diocese, even if they are said to be of no diocese or exempt, to confer tonsure or minor orders on anyone who is not a regular subject to them; nor may the same Abbots and other exempt persons, or any Colleges or Chapters whatsoever, even of Cathedral Churches, grant dimissorial letters to any secular clerics so that they may be ordained by others. But the ordination of all these, with all things observed which are contained in the decrees of this Holy Synod, shall pertain to the Bishops within whose diocesan boundaries they exist, notwithstanding any privileges, prescriptions, or customs, even immemorial. It also commands that the penalty imposed on those who, contrary to the decree of this Holy Synod under Paul III (sess. 7, chap. 10, de Ref. Cf. 1229), obtain dimissorial letters from an episcopal Chapter when the See is vacant, be extended to those who obtain the same letters not from the Chapter but from any others succeeding to the place of the Chapter in the Bishop's jurisdiction when the See is vacant. But those granting dimissorials contrary to the form of the Decree are by the law itself suspended from office and benefice for one year. Sess. 23, chap. 10, de Ref.

To anyone, etc. "Hence it follows that the aforesaid Abbots and other exempt persons are subject to this penalty when they make dimissorial letters for a secular cleric, although he otherwise pertains to their jurisdiction. The reason is that the Council speaks of those granting dimissorials to secular clerics." Bonacina, de Susp., disp. 3, part 5, par. 4, n. 12. Colleges or Chapters, i.e., when the See is not vacant, which by a certain special right have jurisdiction in some part of a diocese. For another Decree exists concerning Chapters when the See is vacant. Cf. 1229. The penalty also, etc. Cf. 1329; Benedict XIV, de Syn., book 2, chap. 11.

Therefore Abbots, exempt Prelates, and Vicars Capitular, who grant dimissorial letters to secular clerics so that they may be ordained by someone other than their proper Bishop, incur suspension from office and benefice for one year. Those ordained, with dimissorials of the Vicar Capitular, incur suspension from the execution of orders at the judgment of the future Prelate. Cf. 1299.

XI. No Bishop of those called titular, even if he shall have resided or stayed in a place of no diocese, even exempt, or in some monastery of any Order, by force of any privilege granted to him for the time of promoting any persons whatsoever coming to him, is able to promote or ordain another's subject, even under pretext of familiarity of his continuous table-fellowship, without the express consent or dimissorial letters of his own proper prelate, to any sacred or minor orders, or first tonsure. The one acting contrary is by the law itself suspended from the exercise of pontificals for one year; and the one so promoted, from the execution of the orders thus received until it shall seem good to his own prelate. Sess. 14, chap. 2, de Ref.

Titular Bishops are said to be those who indeed have been consecrated for some diocese. But because a diocese of this sort has been invaded by infidels, by heretics, or by schismatics, the Bishop has in it neither clergy nor people subject to him. Cf. Giraldi, Iur. Pont. Expos., part 1, sect. 64. To promote to any sacred or minor orders, or first tonsure. "It has been provided that this faculty is by no means to be granted to a titular Bishop, so that no competency enters in them. For that of origin cannot enter, much less that of domicile or benefice, since in Titulars none of these remains verifiable, although someone from a Church occupied by infidels comes to Catholic places so that he may live in a Catholic manner, since he is made a subject of that diocese, as is insinuated above. Hence for this reason there would remain only the title of familiarity, which was removed by this Conciliar Decree, since under this pretext many frauds were committed, and many who because of lack of learning, or because of life and morals or other just causes, were rejected by the Ordinary, thus assumed orders." Card. De Luca, loc. cit., disc. 14, n. 19. E.M.

XII. It is lawful for no Bishop, under pretext of any privilege, to exercise pontificals in another's diocese, unless with the express permission of the Ordinary of the place, and only upon persons subject to that Ordinary. If otherwise has been done, the Bishop is by the law itself suspended from the exercise of pontificals, and those thus ordained from the execution of orders. Sess. 6, chap. 5, de Ref.

For no Bishop: what has been said of a Bishop is to be understood of an Archbishop, because it is not given to him to exercise pontificals in the diocese of suffragans except in some cases. And upon persons, etc. This Decree does not prevent a Bishop existing in another's diocese, with the previous permission of the Ordinary of that diocese, from being able to confer orders both on his own subjects and on those of the Bishop granting permission. Sacred Congregation, February 22, 1630; indeed also on the subjects of another Bishop, if they have this one's dimissorial letters and if the permission of the Bishop of the place again is added. If otherwise: neither of the suspensions which follows is reserved to the Supreme Pontiff. Bonacina, disp. 3, q. 1, part 12, q. 2, part 12; Lugo, Resp. Mor., book 1, dub. 32; E.M.

XIII. Bishops, if, which God forbid, they shall not abstain from a crime of this sort, and, after being admonished by the provincial Synod, shall not amend themselves, are by that very fact suspended; and if they persevere... Sess. 25, chap. 14, de Ref.

From a crime of this sort, i.e., concubinage. Admonished: a threefold admonition is not required, but one is sufficient. Shall not amend themselves: namely, unless, morally speaking, they immediately remove the occasion of delict and scandal. Suspended: "this suspension is imposed absolutely, and without limitation of time, office, or benefice; and therefore it comprehends all these things." Suarez, disp. 31, sect. 5, penultimate par. Trent, sess. 15, chap. 12, de Ref.; Bonacina, disp. 3, q. 6, part 1, q. 7, part 4.

XIV. If any pastor or other priest, whether regular or secular, even if he contends that this is lawful to him by privilege or immemorial custom, shall have dared to join or bless in marriage betrothed persons of another parish, without the permission of their pastor, he remains suspended by the law itself for so long as until he is absolved by the Ordinary of that pastor who ought to have assisted at the marriage, or from whom the blessing ought to have been received. Sess. 24, chap. 1, de Ref. Matr. "The Council does not explain from what such priests are suspended on account of such a crime; yet since it is not likely that he is suspended from every office and benefice, as that word, pronounced simply, seems to indicate, both because that sin does not seem worthy of so great a penalty, and also because that penalty is imposed indifferently on pastors and on simple priests, both regular and secular. And thus the suspension seems only to be from a thing common to all those.

Therefore I judge it to be suspension from the priestly office, or at most from the priestly function; because, according to the common understanding of the canons, the penalty is determined from the subject matter, so that someone is punished in that in which he offended. Likewise because, when a priest is suspended on account of abuse of the priestly function, he is rightly understood to be suspended formally insofar as he is a priest, and therefore from the priestly function." Suarez, de Cens., disp. 31, sect. 3. Filliucius, tract. 17, n. 101; Bonacina, disp. 3, q. 3, part 5.

XV. Lest the Bishop be ignorant of the time of profession (as regards nuns), so that he may examine them, the superior of the monastery is bound to make him certain one month beforehand. But if the superior shall not have made the Bishop certain, she is suspended from office for as long as it shall seem good to the Bishop. Sess. 25, chap. 17, de Reg.

This suspension is not a censure, but a mere penalty. There is question, however, of nuns properly so called, namely those who emit solemn vows.

Here may be added the penalties to be incurred by that very fact by superiors of regular Institutes, whether of men or women, not observing the dispositions of the Decree Quemadmodum of the Sacred Congregation of Bishops and Regulars, December 17, 1890, concerning the account of conscience to be rendered, concerning Confession, concerning Communion; namely the penalties against Superiors violating the mandates of the Apostolic See.

The penalties against Superiors violating the mandates of the Apostolic See are those which are enumerated in the Apostolic Constitutions to be read by Regulars at the public table or chapter, namely deprivation of active and passive voice, of offices, dignities, and incapacity for the aforesaid.

Suspensions which have accrued to the Constitution Apostolicae Sedis, reserved in a special manner to the Roman Pontiff.

XVI. If, however, any of the aforesaid are marked with the episcopal character, they fall by that very fact, without any declaration, into the penalty of suspension from the exercise of pontificals... likewise reserved to the Holy See. Pius IX, Constitution Romanus Pontifex, August 28, 1873, par. Confidimus ff.

If, however, any of the aforesaid: namely those who rashly undertake the governance of a Church, presented or nominated by the lay power, with the vicar capitular removed, and those who rashly grant it or cooperate toward it, before the Bulls of provision have been presented to the one to whom by law, cf. 1177. If they are marked with the episcopal character: therefore Bishops incur not excommunication, but suspension. For an exception is made for them. Likewise reserved, namely in a special manner. Acta Sanctae Sedis, vol. 7, p. 401.

Canons and dignities are besides deprived by the law itself of the fruits of benefices and of other ecclesiastical revenues which they individually possess. Pius IX, Constitution Romanus Pontifex, August 28, 1873, par. Confidimus.

XVII. "Priests who, the law of the Sacred Consistorial Congregation of March 20, 1914 not having been observed, have rashly and arrogantly emigrated to America or to the Philippine Islands, remain suspended from divine things by that very fact; those who nevertheless dare to perform sacred functions incur irregularity; and they cannot be absolved from the penalties except by the Sacred Consistorial Congregation." Sacred Consistorial Congregation, March 25, 1914.

Other reserved and non-reserved suspensions also accrued.

XVIII. "He who shall have dared in any way or under any pretext to break the statutes in articles 8, 9, 10, and 11 of the Decree Ut Debita of the Sacred Congregation of the Council, May 11, 1904, concerning commerce in Masses and the diminution of stipends, if he is of the priestly order, is liable to suspension from divine things reserved to the Holy See and to be incurred by that very fact; if a cleric not yet initiated into priesthood, he will likewise be subject to the same suspension from the orders received, and besides will become incapable of attaining higher orders; but if a layman, he will be bound by excommunication latae sententiae reserved to the Bishop." Cf. n. 623. E.M. nn. 627, 1238.

XIX. "20. All Religious, of whom there is question, constituted in Sacred Orders, who shall have been expelled or dismissed, remain perpetually suspended until from the competent Authority, after amendment of life, they have obtained dispensation. Religious or Clerics not in Sacred Orders, expelled or dismissed, are prohibited from ascending to higher Orders without permission of the Holy See. But all expelled or dismissed, even if they have truly amended themselves, will not be able to be admitted to their own or to another Order or Congregation without special permission of the Apostolic See."

XX. Any Latin missionary from the secular or regular clergy who by counsel or aid induces any Eastern person to the Latin rite, besides the suspension from divine things which he will incur by that very fact, and the other penalties inflicted by the same Constitution Demandatam (Benedict XIV, December 24, 1743), is to be deprived of and excluded from his office. That this prescription may stand certain and firm, We command that a copy of it lie open, published at the churches of the Latins. Leo XIII, Bull Orientalium dignitas, the day before the Kalends of December, 1894, concerning the discipline of the Easterns to be preserved and protected. Acta Sanctae Sedis, vol. 27, p. 260.

1239 bis. XXI. "The sharp controversies concerning the use of the liturgical palaeoslavic or glagolitic language, which for a long time now in the provinces of Gorizia, Zadar, and Zagreb have disturbed several dioceses, ought to have been composed and therefore entirely removed after those things which this Sacred Council, and likewise that one placed over the extraordinary affairs of the Church, had decreed in the name and by the authority of the Supreme Pontiff. But nevertheless it is to be grieved that they have not yet quieted down; for this language is even now used in many ways contrary to prescription in the performance of sacred rites. This brings not only great astonishment and offense to public piety, but also, with grave harm to Christian charity and peace, makes Christ's faithful hostile, even within domestic walls. "How great a sorrow so great an oblivion of due obedience is to the Most Holy Lord Pius PP. X can easily be judged; and he, understanding that it belongs to his Apostolic office to put an end to controversies of this kind, recently commanded this Sacred Congregation that, by letters given to the Most Reverend Archbishops, Bishops, and other Ordinaries of the aforementioned provinces, it should recall all things whatsoever that had been prescribed by the Decree of August 15, 1898, and afterwards by others, with certain things suitably changed, and should order them to be observed holy and inviolably, the consciences of the same Prelates being burdened. "First therefore, since by that very Decree it had been provided that the individual Ordinaries should draw up and exhibit a list of all churches of their diocese which it was certain presently used the privilege of the glagolitic language; and since satisfaction has not been made to that prescription, since such a list, though earnestly sought, is still lacking, this Sacred Congregation commands that all Ordinaries exhibit the same to the Apostolic See within the month of July of the next year, drawn up according to these laws: "that only those churches be noted as endowed with this privilege in which it has been established not by some conjecture, but by certain records and witnesses, that the glagolitic language from the year 1868 to the present time has been used without interruption in the performance of sacred rites; "that, under the name of the same privilege, no churches be enrolled among these where the custom has been to sing the Epistle and Gospel in glagolitic while solemn Masses are celebrated in the Latin language, and still less where these are sung in the common Croatian tongue. "Furthermore, this Sacred Congregation, with the Supreme Pontiff likewise approving, declares that the things written below are to be most religiously observed: "I. Since the Apostolic See, concerning the liturgical use of the glagolitic language, judged it opportune to limit by certain boundaries what it had once granted, use of this kind must be considered and held by all as a local privilege, adhering to certain churches, and by no means as a personal one which belongs to certain priests. Wherefore priests who are skilled in the palaeoslavic speech will not be able to use it when offering the Holy Sacrifice in a church which lacks this privilege. "II. Once the list of privileged churches has been drawn up and published, it will be lawful to no one at all, in others, for any cause or pretext whatsoever, to introduce the palaeoslavic language into the sacred liturgy. But if anyone, a secular or regular priest, shall do otherwise or shall attempt it, he remains by that very fact suspended from the celebration of Mass and of the other sacred rites until he obtains pardon from the Apostolic See. "III. In churches which enjoy the privilege, it will be permitted exclusively in the palaeoslavic idiom to offer the Holy Sacrifice and to perform the Office in a public and solemn manner, any admixture of another language being excluded, while nevertheless preserving the prescriptions at § XI of this Decree. But the books to be used for the Sacred Rites and for the Office are to be printed in glagolitic characters, and recognized and approved by the Apostolic See; but any other liturgical books whatsoever, whether printed in another character or without the approval of the Holy See, are entirely forbidden and interdicted. "IV. Wherever the people are accustomed to respond to the celebrating priest, or to sing some parts of the Mass, this also will be lawful only in the palaeoslavic language in privileged churches. And that this may happen more easily, the Ordinary will be able to permit to the faithful exclusively the use of a manual book written in Latin characters instead of glagolitic ones. "V. In the aforesaid churches which indubitably enjoy the grant of the palaeoslavic language, the Ritual, printed in the Slavic idiom, can be used in the administration of Sacraments and Sacramentals, provided that it has been recognized and approved by the Apostolic See. "VI. Let Bishops diligently take care to promote in their Seminaries the study both of the Latin language and of the palaeoslavic, so that the priests necessary for each diocese may be available for ministry in each idiom. "VII. It will be the office of Bishops, before sacred Ordination, to designate the clerics who are destined for Latin churches or who are destined for palaeoslavic churches, the will and disposition of those to be promoted having first been examined, unless the necessity of the church requires otherwise. "VIII. If a priest assigned to a church where the Latin language is used must serve another church which enjoys the privilege of the palaeoslavic idiom, he will be bound to celebrate solemn Mass there and to sing the Hours in the palaeoslavic language; nevertheless it will be lawful to him privately to perform the Sacred Rites and to perform the canonical Hours in the Latin language. "But a priest enrolled in a church of the palaeoslavic idiom, to whom it may happen to serve a Latin church, will be bound to celebrate not only solemn but also private Mass, and likewise to sing the Hours, in the Latin language; only the faculty of privately performing the Office in glagolitic being left to him. "IX. It will likewise be lawful for priests enrolled in a church of Latin speech to celebrate private Mass in the Latin idiom in another church which possesses the privileges of the palaeoslavic language. But priests assigned to churches of the palaeoslavic language will not be able even to offer the private Holy Sacrifice in that same idiom in churches where the Latin language is used. "X. Where the usage has prevailed of singing the Epistle and Gospel in Slavic in solemn Mass, after the singing of the same has been completed in the Latin idiom of the church itself, this practice can be preserved. But in parochial Masses it will be lawful, after the recitation of the Gospel, to read it through in the common idiom for the pastoral instruction of the faithful. "XI. In the very parishes where the privilege of the palaeoslavic language is in force, if any of the faithful shall show that he desires or wills that Baptism or the other sacraments, not excepting Matrimony, be administered to himself or to his own according to the Latin Roman Ritual, and indeed publicly, and that the ritual prayers in the burial of the dead be held in the same language, priests are strictly forbidden in any way to oppose this desire or will. "XII. In the preaching of the word of God, or in other actions of worship which are not strictly liturgical, the common Slavic language is permitted to be used for the convenience and advantage of the faithful, while nevertheless preserving the general Decrees of this Sacred Congregation of Rites. "XIII. Let the Bishops of those regions where the same vernacular language is in use strive to provide a uniform version of the prayers and hymns which the people use in their own church, so that those who pass from one diocese or parish to another may encounter no diversity of prayers or canticles. "XIV. Pious books in which is contained a common version of liturgical prayers, only for the private use of Christ's faithful, are to be duly recognized and approved by the Bishops." Sacred Congregation of Rites, December 18, 1906.

XXII. "Our Most Holy Lord Leo PP. XIII, after all things had been maturely weighed, and according to those things which at another time he had ordered to be issued through the Eminent Vicar of the City, prescribed and established through the Sacred Congregation of the Council these things which follow: "1. Clerics and secular priests of another diocese, or even regulars living outside cloisters, will hereafter be unable to establish a stable domicile in the City without the express permission of the Supreme Pontiff, to be obtained through the office of the Sacred Congregation of the Council. "2. But those who at present are living at Rome, if they are not bound to reside by any title of benefice or office, nor have acquired domicile at Rome by long residence and by tacit or express permission of their Bishops, must return to their diocese after one month has elapsed from the day of this decree. "3. No one of the clerics and priests of another diocese will hereafter be able to be chosen by anyone to an ecclesiastical office, whatever it may be, or to another function which requires residence in the City, unless, besides testimonial commendatory letters of his Bishop, he also exhibits permission already obtained from the Supreme Pontiff for remaining at Rome; likewise a benefice is conferred on no one unless he has obtained the consent of his Ordinary for this; and a conferral of a benefice otherwise made will be null and void. "4. Those who, to devote themselves to the studies of letters and sciences, or to transact honorable affairs, or from another just cause, are present in the City with permission of the Ordinary, as soon as a temporary cause of this kind has ceased, or when they are recalled by their own Bishop, must return to their own diocese, with every futile excuse excluded, and especially, on account of the special condition of dioceses in these times, the exception drawn either from studies undertaken or from the alleged slenderness of support offered by the Bishop by no means aiding them. But if during this stay of theirs in the City they have not conducted themselves as is fitting, through the Vicariate of the City they will be denounced to their proper Ordinaries and will be compelled to depart from the City. "5. Finally, whoever in any way has not conformed himself to the present dispositions, or, which God avert, has contravened them, will by that very fact become liable to suspension from divine things." Sacred Congregation of the Council, December 22, 1894.

XXIII. "Those who (priests departing for a brief time) have departed for a temporary cause, when the span of time granted to them has elapsed, are to return, and the Ordinaries have no faculty of extending the permission once given. "But if either sickness or some other peremptory cause unexpectedly impedes return, after the truth of the matter and the necessity of dispensation have been established, it is lawful for the Bishop of the place to extend the time to the first following month; beyond a month, even if the causes of the Indult remain, it is lawful only for the Nuncios or Apostolic Delegates who are staying there to extend the Indult to a suitable but brief time, under this law, that they not delay to inform either the proper Bishop of the Priest or this Sacred Congregation. "But those Priests who shall have offended against this rule remain suspended from divine things." Sacred Consistorial Congregation, March 25, 1914.

XXIV. "We absolutely prohibit clerics and priests from giving their name to any society which does not depend on the Bishops. In a more special manner, and by name, We prohibit them, under penalty for clerics of incapacity for sacred orders, and for priests of suspension from divine things by that very fact, to be enrolled in the national democratic federation whose program was given at Rome-Torrette on October 20, 1905, and whose Statute, even without the name of the author, was printed in the same year at Bologna by the Provisional Commission." Pius X, Letter to the Bishops of Italy, July 28, 1906.

XXV. "... Our Most Holy Lord Leo PP. XIII... established and decreed that hereafter anyone of the clergy who, in order to bring aid in any way to internal wars and political contentions, shall have deserted his proper place of residence without a just cause recognized by legitimate ecclesiastical authority, or shall have put off clerical dress, although he has not taken up arms and has by no means shed human blood; and still more he who in civil war has spontaneously given his name to military service, or has presumed in any way to direct warlike actions, even if he continues to retain ecclesiastical habit, shall immediately and by that very fact remain suspended from the exercise of orders and grades, and from any ecclesiastical office and benefice; and besides this shall become incapable of obtaining any ecclesiastical offices or benefices hereafter, until he has been restored by the Apostolic See; to this effect any power of dispensing being removed from the respective Ordinaries of dioceses, even if they enjoy the amplest faculties, whether ordinary, as they call them, or extraordinary, of rehabilitating clerics; anything contrary notwithstanding." Sacred Congregation of the Council, July 12, 1900. Monit. Eccles., vol. 12, p. 294.

1209. I. "Chapters, convents, and all others to whom it pertains, admitting those elected, presented, or nominated to an ecclesiastical benefice or dignity before the presentation of the letters, remain by the fact itself suspended from the right of electing, nominating, or presenting, at the good pleasure of the Apostolic See."¹⁶

¹⁶ Code, c. 2394, 3.

Let it be noted that this suspension cannot be absolved except by the Holy See or by its delegate, on account of the words: at the good pleasure.

1210. II. "Into suspension for a year from the conferral of Orders, reserved to the Apostolic See, these incur by the fact itself: 1. those who have ordained another's subject without dimissorial letters of the proper Ordinary (against the prescription of can. 955); 2. those who have ordained their own subject who has resided elsewhere for so long a time that he could have contracted there a canonical impediment (against the prescription of can. 993, 994); 3. those who have promoted someone to major orders without a canonical title (against the prescription of can. 974, § 1, n. 7); 4. saving legitimate privilege, those who have promoted a religious belonging to a family which is outside the territory of the one ordaining, even with dimissorial letters of his own Superior, unless it has been legitimately proved that some one of the cases occurs of which there is question in can. 966," that is, unless it has been established that the diocesan Bishop is either consenting, or of a different rite, or absent, or will not have an ordination at the next legitimate time.¹⁷

¹⁷ Code, c. 2373.

1211. III. "They contract by the fact itself suspension from divine things, reserved to the Apostolic See, who presume to receive orders from one excommunicated, or 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 them lacks the exercise of the order so received until he is dispensed."¹⁸

¹⁸ Code, c. 2372.

1212. IV. "A Bishop consecrating someone as Bishop, the Bishops, or, in place of Bishops, the priests assisting, and he who receives consecration without apostolic mandate against the prescription of can. 953, are suspended by the law itself, until the Apostolic See has dispensed them."¹⁹

¹⁹ Code, c. 2370.

1213. V. "All, even those endowed with episcopal dignity, who knowingly have promoted to orders through simony, or have been promoted, or have administered or received other Sacraments, are suspect of heresy; clerics besides incur suspension reserved to the Apostolic See."²⁰

²⁰ Code, c. 2371.

1214. VI. "A religious cleric whose profession has been declared null on account of deceit admitted by him, if he is constituted in minor orders, is to be cast out of the clerical state; if in major orders, he remains by the fact itself suspended, until the Apostolic See has judged otherwise."²¹

²¹ Code, c. 2387.

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:

1. 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).

2. 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).

3. 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).

4. 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).

5. 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]).

6. 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.

7. 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).

2. "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).

3. "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).

4. "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).

5. "A capitular vicar (illegitimately) granting dimissorial letters for ordination is by that very fact subject to suspension a divinis" (can. 2409).

6. "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).

1º A Bishop consecrating someone as Bishop, the Bishops or, in place of Bishops, the assisting priests, and he who receives consecration without an apostolic mandate against the prescription of can. 953,

from can. 2370. This censure is new, inasmuch as it was no longer in force either from the Piana Constitution or from the Council of Trent. But Alexander VII in the Apostolic Letter Alias of the day 27 Feb. 1660 supposed it to exist. Now indeed it has been restored. There are four who in such a case incur the censure.

2º Those who presume to receive orders from one excommunicated or suspended or interdicted after a declaratory or condemnatory sentence, or from a notorious apostate, heretic, schismatic; but he who in good faith has been ordained by any of these lacks the exercise of the order thus received until he is dispensed,

from can. 2372. In antiquity it was had in the Const. Ap. Sedis under n. IV; cf. in the author n. 1366.

3º They incur by the very fact a suspension for one year from the conferral of orders, reserved to the Apostolic See: 1º those who, against the prescription of can. 955, shall have ordained another's subject without dimissorial letters of his proper Ordinary; 2º those who shall have ordained their own subject, who has stayed elsewhere for so much time that he could have contracted a canonical impediment there, against the prescription of can. 993, 994; 3º those who shall have promoted someone to major orders without a canonical title against the prescription of can. 974 § 1 n. 7; 4º those who, with legitimate privilege being saved, shall have promoted a religious pertaining to a family which is outside the territory of the one ordaining, even with dimissorial letters of his proper Superior, unless it has been legitimately proved that some one of the cases occurs concerning which in can. 966,

from can. 2373. The two prior censures were formerly had in the Const. of Pius IX under n. III Susp. l. s.; cf. in the author n. 1363; the third was in force from the same Const. n. II; cf. in the author n. 1362; the fourth is new. It is understood from can. 966. A legitimate privilege is not when it is had only by communication from the Const. Impositi nobis of Benedict XIV.

4º A religious cleric whose profession, because of fraud admitted by himself, shall have been declared null, if he is constituted in major orders, remains by the very fact suspended until it shall have seemed otherwise to the Apostolic See,

from can. 2387. The censure is new. Note that it is incurred only after the declaration of nullity of the profession, and indeed it is required that the cause why it is declared null be fraud admitted by the religious himself.

5º Chapters, convents, and all others to whom it pertains, admitting those elected, presented, or nominated (of this kind) before the exhibition of the letters, remain by the very fact suspended from the right of electing, nominating, or presenting, at the good pleasure of the Apostolic See,

from can. 2394 n. 3. Formerly they were suspended from the perception of their benefices; cf. in the author n. 1361.

1º If a cleric, against the prescription of can. 120, without having obtained license from the Ordinary of the place, shall have dared to draw to a lay judge another person (besides those who are enumerated in can. 2341 in the first place) enjoying the privilege of forum, he incurs by the very fact suspension from Office reserved to the Ordinary,

from can. 2341. Cf. in the author n. 1321 and the things said above under A, II, 8º and III, 5º. With license of the Ordinary it is licit.

2º A fugitive religious, if he is in sacred orders, incurs a suspension reserved to his own major Superior,

from can. 2386. Cf. in the author n. 2172 and above under A, IV, n. 8º.

1º A priest who, without necessary jurisdiction, shall have presumed to hear sacramental confessions is by the very fact suspended from divine things; but he who absolves from reserved sins is by the very fact suspended from hearing confessions,

from can. 2366. Presumption is required for incurring the censure. In the 2nd part of the canon there is question only of reserved sins (with or without censure) and not of sins reserved because of a censure, concerning which there is question in can. 2338.

2º He who without letters, or with false dimissorial letters, or before canonical age, or by a leap shall maliciously have approached orders, is by the very fact suspended from the order received,

from can. 2374. Formerly some censure was present from the Council of Trent for the 1st and 2nd case; cf. in the author n. 1370. Concerning those ordained by a leap there was a question; see in the author n. 1372.

3º A cleric who shall have presumed to resign an ecclesiastical office, benefice, or dignity into the hands of laymen, incurs by the very fact suspension from divine things,

from can. 2400. The resignation of a benefice cannot be made except into the hands of the legitimate superior, and indeed only in favor of some suitable person who accepts. He who therefore

sends his benefice into the hands of laymen so that they may dispose of it, incurs this censure. The censure is new.

4º An Abbot or Prelate nullius who, against the prescription of can. 322 § 2, shall not have received the blessing, is by the very fact suspended from jurisdiction,

from can. 2402. In the aforesaid can. 322 § 2 it is said: "Abbots or Prelates nullius who by apostolic prescription or from the constitutions of their own religion must be blessed, within three months from the received apostolic letters, a legitimate impediment ceasing, are to receive the blessing from the Bishop whom they shall have preferred." The censure is new.

5º A Chapter Vicar granting dimissorial letters for ordination against the prescription of can. 958 § 1 n. 3, by the very fact is subject to suspension from divine things,

from can. 2409. Formerly an interdict was had from the Council of Trent. Cf. in the author n. 1379. Therefore now he incurs it if he grants them before a year has elapsed from the vacant see, to those not 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.

6º Religious Superiors who, against the prescription of can. 965-967, shall have presumed to send their subjects to another Bishop to be ordained, are by the very fact suspended for one month from the celebration of Mass,

from can. 2410. Religious must be ordained by the Bishop of the diocese in which the religious house is situated. Only some cases are excepted, concerning which in vol. II n. 1910. The censure is new.

Some years ago a certain priest gave considerable scandal by drinking. He was called to headquarters, and well knowing the gravity of his offense and not waiting to be asked, he resigned his parish. With the consent of the ordinary and with a good celebret from the Vicar-General, he went on a vacation. On his return the ordinary assigned him to another parish, but before doing so he obliged him to sign a paper to the effect that, should he drink again, he would be ipso facto suspended ab ordine et jurisdictione. The priest has faithfully observed his promise. Now the points I would wish you to consider are:

1. The priest’s faculties were not withdrawn when he resigned his parish and, of course, were not restored when he was assigned to another parish. Would that fact in any way affect the ordinary’s ruling?

2. What probability has the opinion which says that the power of the ordinary in such cases is limited to his diocese and therefore does not bind a priest when outside the diocese?

3. Has the Vicar-General power to give this priest permission, when on vacation, to ignore his promise to the ordinary, with the understanding that on his return his promise to the ordinary would again be in full force?

Answer.—1. The fact that this priest’s faculties were not taken away from him when he resigned his parish and were not, therefore, restored when he received a new appointment, since he already possessed them, in no wise affects the bishop’s ruling in this case. The bishop simply added a condition to the faculties of the priest, namely, that the faculties were withdrawn ipso facto upon indulgence in intoxicating drink. This condition the bishop had a perfect right to add, and thereupon the faculties which before were absolute, now become conditional. To add the condition, it was not necessary to withdraw the original faculties. The bishop may at any time make the retention of faculties by any priest in his diocese conditional, for a sufficient reason. The bishop is the judge of the sufficiency of the reason. The priest, while acquiescing in it, may appeal to a higher tribunal.

2. What probability has the opinion which says that the power of a bishop in this case is limited to the diocese, and therefore does not bind a priest outside the diocese? The opinion has practically no probability. Ballerini-Palmieri says of it: “We shall conclude that only a certain external probability remains for it, which easily vanishes when the reasons are examined” (Tr. xi, 101).

The reason why there ever was any diversity of opinion regarding the bishop’s power to suspend a priest for something the priest does outside the diocese is this: In the Corpus Juris, cap. Ut animarum, de constitutionibus in 6°, we read:

“When, by a statute of a Bishop, a sentence of excommunication is promulgated against all who have committed theft, his subjects who commit theft outside his diocese are known not to be bound at all: SINCE OUTSIDE HIS TERRITORY ONE MAY DISOBEY WITH IMPUNITY THE ONE PRONOUNCING LAW.”

Relying on this passage from the Corpus Juris, some theologians have concluded that the power of a bishop over his priests does not reach beyond the limits of the diocese. That if a bishop threatens a priest with suspension to be incurred ipso facto for some transgression, the transgression must take place within the territory of the diocese. If it does not, the suspension is not incurred. But this is entirely false. As Ballerini points out after St. Alfonsus, in the passage quoted above, the question concerns a judgment of the bishop per modum statuti, or by diocesan statute. All canonists are agreed that the diocesan statutes, or rather a censure that is decreed by diocesan statute, is not incurred unless the transgression is committed within the diocese. But the canonists also distinguish a praeceptum personale from a statutum. A statutum, or statute, is limited to the territory of the diocese, and binds no one beyond the limits of the diocese. A praeceptum attaches to the person and not to the territory; it sticks to one’s bones, as the Corpus Juris has it, haeret ossibus, and follows a person wherever he goes, sicut umbra corpus, et sicut lepra leprosum. A statute, therefore, must not be confounded with a personal command. In the case before us there is no question of a diocesan statute binding all priests of the diocese not to drink. The question concerns a personal command or injunction, praeceptum personale, given to one individual priest. That command binds the priest personally, follows him wherever he goes, inside or outside the diocese, and the censure which it threatens is incurred even outside the diocese, if the command is disobeyed outside the diocese. In the diocese of Westminster there is a statute forbidding priests to go to the theatre, under pain of suspension, to be incurred ipso facto. Since that law is a statutum, it does not bind beyond the limits of the Westminster diocese. Therefore, if a priest belonging to the diocese of Westminster should attend a theatre in Paris or New York, he does not incur the suspension. But if the Archbishop of Westminster should forbid a particular priest to enter a public house for the purpose of procuring strong drink, that would be a praeceptum personale, as the canonists style it, and that would bind such a priest not only in London, but also in Paris and in New York. It cannot be said that the Bishop passes sentence on the priest outside of his territory; for, although the transgression takes place out of the diocese, and the bishop's sentence thus has effect outside his territory or jurisdiction, still the sentence goes into effect silently and without trial or legal process. Now, the true and sole reason why a bishop is prohibited by the Canon Law from pronouncing a sentence of censure beyond the boundaries of his own diocese is lest he seem to invade and violate another bishop’s territory. If there be no invasion nor violation of another bishop’s jurisdiction, there exists no prohibition forbidding a bishop to exercise jurisdiction over his own subjects, even though they be in another diocese, or within the jurisdiction or territory of another bishop. Thus a bishop may dispense in the case of his own subjects; he may command or forbid something under censure to be incurred ipso facto; he may pronounce sentence against one of his subjects for a notorious crime, where no legal proceedings or trial and citation and examination of witnesses are required, even though the subject be at the time in another diocese and the transgression have taken place there. A bishop may even proceed legally against his priest outside his own diocese, cum Strepitu judiciario, summoning witnesses and trying him in open court, provided he receive permission from the bishop in whose diocese the trial takes place.

There can be no doubt, therefore, that if the priest mentioned in our case should partake of intoxicating drink even outside the limits of his diocese, he would incur suspension ipso facto; and if on returning to his diocese he exercise the ministry without having the suspension removed, he becomes irregular.

3. Can the Vicar give the priest permission to drink outside the diocese? He cannot. The Vicar-General has just as much power as the bishop gives him. The Council of Trent, Sess. 24, defines the position of vicars-general. They are supposed to receive sufficient powers from the bishop, so that their position or office may not be vain and an illusion. However, the bishop may and does reserve certain things to himself. In the case before us it cannot be reasonably supposed that the bishop would give the vicar power to thwart and nullify his, the bishop’s, purposes and intentions. It must be supposed, in the absence of certain proof to the contrary, that the bishop reserves this priest’s case to himself, and that the vicar has no jurisdiction to limit or remove the bishop’s censure. The only course open, therefore, to this priest, if he wishes to retain his faculties, is to remain faithful to the written promise that he gave his bishop.