B. How Canonical Penalties Exclude from Conferring or Receiving Orders

55. About the second main article [n.9] it is certain that the penalties do not impede in fact from conferring or receiving orders, as is proved by Augustine [Against the Letter of Parmenianus II ch.13 n.28] in Gratian, Decretum, p.2 cause 1 q.1 ch.97. And the reason is that along with those penalties can stand the idea of minister and of receiver, and the intention, and the other necessary things on this side and on that. But the penalties prohibit it in law, so that the contrary is illicitly attempted; however, if it is attempted, what is intended is done. Now the reason for this is that on the Church has been conferred the power of ordaining ministers for herself, as can be gathered from the words of blessed Paul to Timothy, where he describes what sort of persons should be ordained deacons [I Timothy 3.8-10].

56. But about the first penalty, namely degradation (especially if it has concerned a bishop), it is doubtful whether it exclude him in fact from conferring orders; but the pro and con are contained in the preceding question, the second article [d.24 nn.23-35].