Suspensions which Are Vindicative Penalties

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. Until the Holy See has dispensed them, the following are suspended by the law itself: the Bishop consecrating someone as Bishop, the assisting Bishops or, in place of Bishops, the assisting priests, and the one who receives consecration without an apostolic mandate against the prescription of canon 953 (canon 2370). Canon 953 prescribes: Episcopal consecration is reserved to the Roman Pontiff, so that no Bishop may consecrate anyone as Bishop unless the pontifical mandate has first been established.

It concerns a generally issued suspension (p. 742), and one inflicted by way of vindicative penalty; this is clear from the fact that a censure or medicinal penalty is removed by absolution, but this suspension by dispensation of the Holy See (cf. canon 2236, § 1 and 2289).

The suspension among assisting priests affects only those who assist in place of Bishops, not others.

II. From canon 2373, the following ipso facto incur suspension for one year from the conferral of orders, reserved to the Apostolic See:

1. Those who, against the prescription of canon 955, have ordained another's subject without dimissorial letters of his own Ordinary. As to the prescription of canon 955, cf. n. 601. The suspension also affects one who confers first tonsure (cf. canon 950).

2. Those who, against the prescription of canon 993, n. 4, and canon 994, have ordained their own subject who had stayed elsewhere for so long a time that he could have contracted a canonical impediment there. Concerning the cited canons, see n. 650. The suspension also includes first tonsure (cf. canon 950).

3. Those who, against the prescription of canon 974, § 1, n. 7, have promoted someone to major orders without a canonical title (cf. n. 618).

4. Those who, without prejudice to legitimate privilege, have promoted a religious belonging to a family which is outside the territory of the ordaining Bishop, even with dimissorial letters of the proper Superior, unless it has been legitimately proved that some one of the cases occurs which are mentioned in canon 966 (cf. treatise on Order, n. 602).

Delinquents are suspended from the conferral of orders, with no order, indeed not even first tonsure and episcopal consecration, excepted (cf. canon 950).

III. A clerical religious whose profession has been declared null because of deceit committed by him, if he is constituted in major orders, remains ipso facto suspended until the Apostolic See has seen otherwise (canon 2387). Under the name of religious also comes a member of a society of clerical men living in common without vows; likewise under the name of profession comes the profession improperly so called, or that emitted by a member of the said society.¹

Note. If the delinquent is constituted in minor orders, he is to be cast out from the clerical state (canon 2387).

IV. Chapters, convents, and all others to whom it pertains, admitting such elected, presented, or nominated persons before the exhibition of the letters, remain ipso facto suspended from the right of electing, nominating, or presenting at the pleasure of the Apostolic See (canon 2394, 3°). It concerns those who admit persons elected, presented, or nominated to an ecclesiastical benefice, office, or dignity, into possession or governance or administration of the same, before the elected, presented, or nominated persons have exhibited the necessary letters.

V. Religious Superiors who, against the prescription of canons 965-967, have presumed to send their subjects to another Bishop to be ordained are ipso facto suspended from the celebration of Mass for a month (canon 2410; cf. treatise on Order, n. 632). Under the name of religious Superiors also come Superiors of a society of men living in common without vows, if the society enjoys the right of granting dimissorial letters to its members.² Major Superiors are understood, and those exempt, to whom, namely, belongs the right of giving dimissorial letters.

The suspension is reserved to no one.

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

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

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.