Suspension

From LanceaSanctum

Written by Father General de La Cruz

Definition

Suspension, in canon law, is usually defined as a censure by which a cleric is deprived, entirely or partially of the use of the power of orders, office, or benefice. Suspension is not permanent, and expires after a certain time has passed or certain conditions have been met, as detailed in the Writ of Suspension issued by the appropriate authority. Suspension is intended to amend the delinquent, not drive him from the covenant.

Invoking Suspension

There are two primary ways in which a Priest can be suspended: by individual authority or judicial ruling.

Suspension by individual authority occurs when a Priest is suspended by someone of higher rank who actually has the inherent power, as recognized by the Ninth Canon, to invoke a suspension. For example, a Bishop can suspend a Priest in his diocese.

Suspension by judicial ruling occurs when a Priest is declared suspended by a Synod or other body convened and possessing the authority to make such a ruling.

Regardless of the source of the suspension, it must be declared as a total or partial suspension, and it must state if it can only be removed by individual relief (usually the case in suspension by individual authority), upon the passing of a certain time period, or by the achievement of spelled out conditions.

Total Suspension

When a suspension is total, a Priest is deprived of the exercise of every function and of every ecclesiastical right. When a suspension is decreed absolutely and without limitation, it is understood to be a total suspension.

Partial Suspension

A partial suspension is typically a bar on the exercise of the priest's sacred orders, or from his office which includes deprivation of the use of orders and jurisdiction, or from his benefice which deprives him of both administration and income. A partial suspension deprives a Preist of the use of that power only which is expressed in the sentence.

Limits of Suspension

A Priest does not incur an irregularity if he has been suspended for some defect of mind or body not blameworthy. Irregularity is contracted when a Priest performs a solemn act of sacred orders, from the use of which he had been suspended. Thus, if a Bishop forbidden to celebrate Mass by a Synod, and were he to perform such a function anyway, he would not incur irregularity because he does not thereby exercise any substantial act of episcopal orders.

As the Lancea Sanctum can not deprive a suspended Priest of the power of sacred orders, but only forbids their use, it follows that acts of sacred orders remain valid after suspension. On the other hand, acts of jurisdiction become null and void after a suspended priest has been denounced by name, because the Lancea Sanctum has power to deprive one totally of jurisdiction. Suspension ex informata conscientia has the same effect as a formal suspension, but it is not inflicted by judicial sentence, but as an extraordinary remedy, without the canonical monitions being necessary, and it is imposed for occult but grave crimes.

When a Priest has been suspended from the perogatives of his benefice, it is not the Lancea Sanctum's desire that he be reduced to actual want, particularly as regards feeding (feeding grounds are often held as a consequence of office). Consequently sufficient support is to be given to him, provided he have no means of his own and be willing to amend. Even when he does not turn from his evil ways, the priestly dignity requires that he be not suffered to fall into extreme want or danger of starvation.

Ending Suspension

If a Priest was suspended by an individual with the appropriate authority, such as his Bishop, then only the Bishop can relieve him of suspension. When suspension was inflicted for a definite time or under a certain condition, it ceases of itself when the limitation is fulfilled. If the suspension was perpetual and decreed on account of a former crime, it may be removed by mere dispensation of the proper authority.

Violating Suspension

A Priest who violates his suspension may be subject to further disciplinary action, including additional (or more far-reaching) suspension, laicization, or excommunication.