Suspensions which Are Censures or Medicinal Penalties

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

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

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

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

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

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

II. Those who presume to receive orders from one excommunicated, suspended, or interdicted after a declaratory or condemnatory sentence, or from a notorious apostate, heretic, or schismatic, contract ipso facto suspension a divinis, reserved to the Apostolic See (canon 2372). Under the name of order here does not come first tonsure, since it confers no power from which someone can be suspended (cf. canon 950).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.