II. On the Minister and Subject of Order

Who is the minister of order? - In Trent, sess. 23, c. 7, it is defined that Bishops alone are ordinary ministers of the sacrament of order. A Bishop only elected and confirmed, although he can provide permission to subjects that they be ordained by another Bishop, nevertheless cannot ordain unless he is also consecrated. But a consecrated Bishop, even if he has been degraded and has renounced the episcopate, can validly ordain. L. 761; St. Thomas, Suppl., q. 38, a. 1.

The Supreme Pontiff can provide to a simple priest the faculty of conferring tonsure and minor orders. And this faculty was in fact formerly granted to Cardinal priests toward clerics of their title, and, from the common law now in force, to regular Abbots truly nullius or exempt, with miter and ring, blessed by a Bishop; who nevertheless cannot use it except with Regulars subject to themselves, and more probably also novices. Trent, sess. 23, C. 10, de Ref.; S. C. C., June 26, 1655; Benedict XIV, de Syn., l. 2, c. 11; Suarez, de Rel., t. 4, l. 2, c. 29; Bizzarri, Collect., ed. 1885, p. 138; Honorante, Prax., p. 7.

Yet they commonly deny this concerning the presbyterate, as concerning a most excellent ministry, which must be imparted only by a Prince of the Church having supreme faculty, as a Bishop is. St. Thomas, Suppl., q. 38, a. 1.

Therefore the question is about diaconate and subdiaconate; some affirm, others deny, but others probably deny concerning diaconate, whose ministry is immediately ordered to touching the Body of Christ, by distributing it to the faithful, while they affirm concerning subdiaconate, because its duty does not have so immediate a relation to the Body of Christ. Nor does St. Thomas, Suppl., q. 38, a. 1 ad 3, seem to oppose this doctrine. There the holy Doctor excludes major orders which have always been held in the Church as sacred, as is inferred from his words, since he speaks of orders which have immediate relation to the Body of Christ. But it is known that the order of subdiaconate was not counted among the sacred orders except in the eleventh century by Urban II, as is had in C. A multis, de aetate et qualitate praefic.; nor does the subdiaconate have an immediate relation to the Body of Christ, as St. Thomas speaks; for only priests can confect the Eucharist, and only deacons can carry or minister it. - L. 760-766; Giraldi, p. 1, s. 105; Langonius, de Bulla Innocentiana; E. M.

Those who affirm concerning diaconate rest chiefly on the Constitution Exposuit, Apr. 9, 1489, by which Innocent VIII grants to the Abbot General of the Cistercian Order and to the Abbots of four monasteries of the same order the faculty of conferring on their religious subjects the Orders of subdiaconate and diaconate. But the authenticity of such a concession is not certainly established.

Can any Bishop licitly confer orders? - For licitly conferring and receiving orders it is required that the one to be initiated, even with first tonsure, be ordained by his own Bishop, or by another, but with his permission. Therefore a Bishop cannot licitly ordain except subjects, either by reason of origin, or by reason of domicile, or by reason of benefice, or by reason of familiarity, and indeed by reason of the necessity of dioceses. C. Cum nullus 3, de Temporum ordin. in 6; C. Eos qui 2, e.t.; Trent, sess. 23, C. 3, 8, 9, de Ref.; Pius X, Encyclical Letter to the Bishops of Italy, July 28, 1906; L. 760, 769, 771.

By reason of origin, if namely they were born in his diocese. But one who is born somewhere by chance must be ordained by the Bishop of the domicile of his father, unless the father afterward contracted domicile there where the one to be initiated was born; or by the Bishop of the place where the father was born, if the father at the time of the birth of the son had domicile nowhere. But if the son is illegitimate and not legitimated, the domicile of the mother is attended to. But exposed infants whose parents are unknown are judged natives of the place in which they were exposed. Finally, neophytes are judged natives of the place in which they were baptized. Paul III, Constitution Cupientes, March 31, 1542. But no account is taken of baptism under condition. Kenrick, tr. 20, n. 15. - Honorante, Praxis Secr. Urb. Vic., c. 1, note 9; Schmalzgrueber, l. 1, p. 3, tit. 11, n. 37, 38; Giraldi, p. 2, s. 96; L. 760, 770, 772, 773.

By reason of domicile, only he is to be judged a subject as regards orders who comes somewhere with the intention of remaining there perpetually, and proves this intention either by habitation of ten years, or by building a house with the carrying over of the greater part of his goods, while remaining there at the same time for some notable time; and he must swear that he then has this intention. Innocent XII, Constitution Speculatores, Nov. 4, 1694; L. 760, 770, 773, 778; Lucidi, Visit. sacr. lim., c. 2, n. 88, 91.

From the more recent Decree of the S. C. C., July 20, 1898, a cleric legitimately excardinated in perpetuity from his own diocese by legitimate document, and legitimately incardinated in another diocese, namely by written document, with the oath prescribed by Innocent XII having been taken, and in perpetuity, and with suitable documents having first been obtained from the dismissing Bishop concerning birth, morals, and studies, can indeed be promoted to orders by the Ordinary of the new diocese.

Likewise a layman can obtain letters from his own Ordinary, by force of which, dismissed from his own diocese, as an extra-diocesan he can become proper to a benevolent receiving Bishop, and by this title be promoted by him to clerical tonsure and to sacred orders, provided however that: 1. Dismissal by his own Bishop is granted from a just cause, in writing, and for a determined diocese; 2. Acceptance is made, with the rules established for incardinating clerics observed, and with the Decree Vetuit, Dec. 22, 1905, also observed as regards pupils dismissed from seminaries; 3. The oath is taken according to the path of the Constitution Speculatores before clerical tonsure. S. C. C., Nov. 24, 1906.

By reason of benefice, it does not suffice that someone is immediately going to receive a benefice from some Bishop, so that he can be ordained by him or receive first tonsure; but it is required that the benefice actually be possessed, and of itself suffice for suitable sustenance without the supplement of patrimony. One who has a benefice in two dioceses can be ordained in either. C. Cum nullus, de Temp. ord. in 6; L. 760, 770, 774, 776, 777.

By reason of familiarity, so that a Bishop, but not merely a titular Bishop, can ordain someone, it is required that for three years he has maintained him with himself in his actual service, and that within a month he confer on him a benefice sufficient for suitable sustenance, so namely that the one to be ordained, when the familiarity ceases, may have from which he can live. Therefore it matters little in what diocese the benefice is placed; and, if the one to be ordained has a benefice or patrimony, this obligation of conferring a benefice on him ceases. Nor does it matter that he does not dwell in the buildings of the Bishop, provided he lives in the place where the Bishop is or nearby. - Trent, sess. 14, C. 2, de Ref.; sess. 23, C. 9, de Ref.; Innocent XII, Constitution Speculatores; L. 760, 770, 778, 780; Giraldi, p. 1, s. 97.

The one to be ordained can choose whichever he wishes among these various Bishops, and then vary in each order. But he who is chosen cannot ordain him without testimonial letters of the Bishop of origin, of domicile, and of that place in which perhaps someone has stayed at that age and for so long a time, namely about six months morally continuous, that he could have contracted a canonical impediment. L. 789. But if there is question of those to be promoted who were formerly assigned to military service, testimonial letters are necessary as often as they have stayed in some diocese at least for a trimester morally continuous. S. C. C., Sept. 9, 1893; Jan. 26, 1895; June 25, 1904; S. C. Disc. Reg., Nov. 27, 1892. And if they cannot obtain the aforesaid testimonial letters from the Ordinaries of places, then, after faculty of the Holy See has first been obtained, they are to be admitted to taking a supplementary oath for the time in which they were assigned to military service. Holy Office, March 12, 1896. Testimonial letters; namely not given generally, but for receiving orders; and therefore they must bear witness concerning the requisites for receiving orders, concerning birth, age, morals, and the absence of any canonical impediment. Those to be ordained by the Bishop of benefice, if they are going to return to their own diocese, must be examined by the Bishop of domicile before the granting of testimonial letters. Trent, sess. 23, C. 8, de Ref.; Innocent XIII, Constitution Apostolici ministerii, § 5; Benedict XIII, Constitution In supremo; S. C. C., Aug. 8, 1733.

It is grave to confer orders or tonsure on the subject of another without express consent, or without dimissorial letters of his Bishop, Trent, sess. 7, C. 10, 11, de Ref.; sess. 14, C. 2, de Ref.; sess. 23, C. 10, de Ref., or of his vicar general when the Bishop is acting for a long time in remote places, C. 3, de Temp. ordin. in 6, or of the capitular vicar after a year of vacancy, or within the year, but only on those constrained by reason of a benefice already received or to be received; i.e., either already obtained, or if they have been elected to it. Cf. Trent, sess. 21, C. 2, de Ref.; Lucidi, C. 2, n. 72. A neighboring Bishop can also ordain the subject of another if his own Bishop has been declared suspended by public sentence. C. Eos qui 2, de Tempor. ordinat. in 6. - A Bishop is bound by himself to confer orders on his own subjects; yet when a just cause intervenes, of sickness or another similar cause, e.g., absence, it is lawful for him to dismiss them to another Bishop. But the cause why the proper Bishop does not ordain must be expressed in the dimissorial letters. Trent, sess. 7, C. 11, de Ref.; sess. 23, C. 3. But they can be given to any Catholic Bishop, S. C. C., March 16, 1624, except to one who has renounced the episcopate, if he has yielded both the place and the dignity, C. 1, de Ordin. ab Episcopo, qui renuunt. And if they have been given by name to one in favor of the one to be ordained, it is open to him, with that one passed over, to approach another. L. 788. But they are had as in the manner of a grace made; therefore they do not expire when the right of the one giving is resolved, L. 787, nor are they suspended when he is suspended, unless they were given for a definite time or were revoked. - Lugo, Resp. Mor., l. 1, d. 32; E. M.

The praised Decree Vetuit of the S. C. C., Dec. 22, 1905, His Holiness Pius X established and decreed: "1. That in the future no local Ordinary admit into his Seminary a subject of another diocese, whether cleric or layman, unless he has first asked by secret letters from the proper Bishop of the petitioner and has learned whether this man was formerly dismissed from his Seminary. But if this is established, omitting judgment about the causes or determination whether the other Bishop acted justly or unjustly, let him bar entrance into his Seminary to the one asking. "2. But those who were admitted in good faith, because they kept silent that they had previously lived in another seminary and afterward were dismissed from it, as soon as this condition of theirs is known, are to be admonished to depart. But if they wish to remain, and this is permitted to them by the Ordinary, by that very fact they remain ascribed to this diocese, with the canonical rules for their incardination and ordination nevertheless observed; but once advanced to the priesthood, they are prohibited from returning to the diocese from whose Seminary they were dismissed and from having a stable domicile there. "3. Likewise, since almost a similar reason holds, those who, dismissed from Seminaries, enter some religious institute, if they leave it after they have been initiated in sacred orders, are forbidden to return to the diocese from whose Seminary they were dismissed. "4. But those dismissed from some religious Institute are not to be admitted into a Seminary unless the Bishop has first, by secret letters, sought information from the moderators of the same Institute about the morals, character, and ability of those dismissed, and it is established that there is nothing in them which is less suitable to the priestly state. Cf. here n. 279 bis. "Finally let Bishops remember that it is not lawful for them, in their own name, to impose hands on anyone who is not subject to them in that way and by one of those titles which are established in the Constitution Speculatores of Innocent XII and in the decree of the S. C. of the Council which begins A primis, on July 20, 1898. And likewise no one can be ordained who is not useful or necessary for the church or pious place for which he is assumed, according to the prescriptions of the holy Council of Trent in chap. 16, Sess. 23, de reform."

What of Regulars? - The things which precede, with special indult excluded, have place also in pious Congregations in which only simple vows are pronounced. S. C. EE. et RR., May 6, 1864; A. S. S., vol. 1, p. 366. Yet they are to be proposed by their own moderators. Leo XIII, Bull Conditae, § VI.

But Regulars of solemn vows from C. Cum nullus 3, § fin., de Temp. ord. in 6, must receive orders from the Bishop in whose diocese the monastery is where they are then staying. The Sacred Congregation by mandate of Clement VIII decreed that if that Bishop does not have an ordination, then the superior can give dimissorials to his subjects to any other Bishop whatever; nevertheless it is there prescribed to Regulars that they not deliberately defer the ordinations of their subjects to that time when the diocesan Bishop is not going to have an ordination or is going to be absent. And Benedict XIV established that if the diocesan Bishop is absent or is not going to have an ordination at the next legitimate established time, a religious cannot be ordained by another unless he shows an attestation of the vicar general, chancellor, or secretary of the same Bishop; otherwise both the one ordaining and the one thus ordained incur the censures and penalties which they incur who are ordained by some Bishop without dimissorials. Likewise he established that such a Regular must be examined by the ordaining Bishop; and that privileges of some Order, e.g., of the Society of Jesus, Gregory XIII, Sept. 22, 1582, that its religious be ordained by any Bishop, must be by name, not by communication. When the See is vacant, "within a year the Chapter can well grant permission to Regulars bringing dimissorials of their superiors, that they be ordained by some Bishop." L. 788. Yet a Bishop can ordain religious without formal examination by acquiescing in the testimony of their prelates, but he can also well examine them if he wishes, unless they have a special privilege. Benedict XIV, Constitution Impositi nobis, Feb. 27, 1747; Kenrick, tr. 20, n. 26. "Whoever in the City, whether from the secular clergy or from the regular, will be initiated in sacred orders, all without anyone excepted, every contrary privilege having been extinguished, shall undergo the test of doctrine in the Curia of Our Cardinal Vicar." Pius X, Motu Proprio Sacros. Trid. Syn., July 16, 1905.

From the aforesaid Motu Proprio of Pius X Sacros. Trid. Syn., July 16, 1905, "whoever from the number of ordinands shall have obtained a degree in Theology in some Pontifical University is decreed exempt from undergoing the test about theological matter." "By Motu Proprio we will and command that in Italy and the Islands subject to Italian dominion, all Religious, whether belonging to Institutes of simple vows or to those of solemn vows, are not to be promoted to sacred Orders before they have been proved suitable by the Bishop of the place through a diligent examination of doctrine; with any contrary privilege removed for this effect alone, even one worthy of most special and individual mention, and with any contrary custom abrogated, even centenary and immemorial, which we also prohibit from being introduced in the future." Pius X, March 19, 1906. This privilege of receiving orders without previous examination, exclusively proper to the Society of Jesus, therefore was revoked for Italy. - Constitution Pium of Gregory XIII; Constitution Quantum of Paul V.

Regulars of religious orders in which solemn vows are emitted, during the triennium of simple vows, can be ordained by the Ordinary of the place; yet during that triennium after the novitiate and before solemn profession, it is not lawful to grant them dimissorials except for first tonsure and minor orders. S. C. super Stat. Regul., June 12, 1858; S. C. EE. et RR., Jan. 20, 1860; A. S. S., vol. 1, p. 358 ff.

Whether novices are to be ordained by the Bishop of the place of novitiate, or by the Bishop of origin or domicile? - Suarez and Henriquez hold that they are to be ordained by the Bishop of origin or domicile. Sanchez and Delbene judge that they can well be ordained by the Bishop of the place where the novitiate is. "Each opinion is probable..., provided the novice has already remained in the novitiate for a notable time; and takes an oath there of remaining perpetually, insofar as it is in him." L. 765. - Benedict XIII, Constitution In suprema, Sept. 23, 1724; Benedict XIV, Constitution Impositi nobis, 1747, Inst. 23, n. 8; L. 768, 788, 792; A. S. S., vol. 23, p. 629 ff.; E. M.

Can a Bishop confer orders, or at least first tonsure, on his own subjects outside the diocese? - Resp. In the negative as regards orders, unless by permission of the Ordinary of the place. As regards tonsure, the first opinion denies, because from Trent it is forbidden to Bishops to exercise pontificals in another's diocese without permission of its Ordinary. And to confer first tonsure is a pontifical function. The second opinion affirms, because, since it is the more common and more probable opinion among theologians that tonsure is not an order, therefore it can well and customarily be conferred privately without pontifical insignia, for which permission of the Bishop of the place is not required. L. 256.

What is required for validly receiving orders? - For validly receiving ordination it is required and suffices that one be a baptized male. Therefore a woman is incapable of orders, and a hermaphrodite in whom the female sex prevails, and likewise one not baptized. On the contrary, infants, the perpetually insane, the blind, the mute, those deprived of hands, etc., are validly ordained, although by natural law they are irregular. Yet St. Thomas says that boys before the use of reason cannot validly receive the episcopate. - C. Tuae litterae, un., de Cler. per salt. prom.; Benedict XIV, Constitution Eo quamvis, § 20; L. 781, 782; St. Thomas, Suppl., q. 35, a. 3; q. 39, a. 1, 2; Lugo, Resp. Mor., l. 1, d. 31; E. M.

What is required for the licit reception of orders? - There is required 1. divine vocation, the state of grace, since order is a sacrament of the living, and probity of life. Cf. 166, 168. "Since in any order," says St. Thomas, Suppl., q. 36, a. 1, "someone is constituted a leader of others in divine things, one who approaches orders with consciousness of mortal sin sins mortally as presumptuous. And therefore holiness of life is required for order by necessity of precept, but not by necessity of the sacrament. Hence if an evil man is ordained, nevertheless he has order, though with sin... The ordained must shine with a good conscience as regards God, and with good reputation as regards men." For through the sacred ministry they are made mediators between God and the people. Hence consequently one promoting the unworthy sins gravely, "especially since this turns to the detriment of the Church and of divine honor." St. Thomas, Suppl., q. 36, a. 4.

Therefore spiritual exercises are altogether suitably put before the reception of orders; and they are in fact prescribed for clerics to be assumed to sacred orders in Italy and the adjacent islands. Innocent XI, Oct. 9, 1682; Clement XI, Feb. 1, 1710; Ferraris, Bibl., v. Exerc. spirit.; Benedict XIV, Not. 104. - And, so that there may be proof of this probity of life, the names of those who are to be assumed to individual major orders are to be proposed publicly in the Church; and those who are promoted to minor orders must obtain good testimony from the pastor and from the teacher of the school in which they are educated. Besides, the Bishop is bound to investigate the morals of those to be ordained and the other qualities required in them. Trent, sess. 23, C. 5, 7, de Ref.; sess. 22, C. 2, de Ref.; sess. 24, C. 1, de Ref.; E. M.

From the Norms of the S. C. EE. et RR. for Italy, Jan. 18, 1908, immediately before ordination those to be ordained must make spiritual exercises for ten days before major orders, for five before minor orders. - From the aforesaid Norms the Bishop must seek information from pastors and from Superiors of Institutes in which they stayed before they entered the Seminary, then from members of the Tridentine Commission, from the Rector and from the Professors of the seminary. If the pupils are extra-diocesan, the Bishop will send their petitions, together with his own judgment concerning ordination, to their Ordinary, who will either dispatch dimissorial letters or summon the pupils for sacred ordination after he has taken suitable information, as was said above. - Cf. here n. 893 at the end. Decree Vetuit.

There is required 2. that the one to be ordained not be a neophyte, servant or slave, mutilated in some member, of notable infamy, or such as would impede the execution of the order, a hermaphrodite, illegitimately born, a homicide, infamous, or irregular in any way, suspended, excommunicated. - 1 Tim. 3:6; L. 782, 784; St. Thomas, Suppl., q. 39, a. 3, 6; E. M.

When can a married man be initiated in sacred orders? - It is certain that without the permission of the wife it is not lawful for a married man to receive sacred orders, nor even first tonsure. C. Nullus, ult., de Temp. ord. in 6; Extravag. Antiquae, de Voto. But a married man can licitly be promoted to sacred orders if from a just cause he has made perpetual divorce from his wife, from the sentence of a judge, C. Agathosa, caus. 27, q. 2, or from permission of the wife, provided she herself vows chastity, C. Coniugatus 5, de Convers. coniugat., and provided the permission is express and altogether spontaneous, C. Consuluit, e.t.

But more truly the wife is not bound to profess Religion, C. Coniugatus cited, unless the husband is assumed to the episcopate, for then the wife must altogether enter Religion, C. Sane 6, de Convers. coniug.; and likewise unless the husband became a religious, and the wife was young or suspected of incontinence, C. Cum sis 4, e.t. - But does the woman of this man promoted to sacred orders, if she emitted a simple vow of chastity, validly contract marriage after the death of the husband? The first opinion denies, from C. Quia sunt 10, D. 28, where it is said of such a marriage: Those who have been joined badly are to be separated. The second opinion affirms; for although separation of the aforesaid spouses is prescribed as a penalty for the crime admitted, nevertheless it is not declared that the marriage is null. - L. 812, 826, 969; St. Thomas, Suppl., q. 53, a. 4; Schmalzgrueber, l. 3, t. 32, n. 19 ff.; Benedict XIV, de Syn., l. 13, c. 12, n. 7 ff.

There is required 3. an intention of being clerical, Trent, sess. 23, C. 4, de Ref. It is certain and common that he who receives major orders and does not intend to receive the priesthood does not sin gravely, Trent, ib.; and it is probable that there is no sin, because by no law is it prescribed to ascend to superior orders. C. Is qui, de Fil. presb. in 6. - But he would sin who would receive first tonsure or minor orders with the intention of escaping the lay forum, and afterward, when fear of lay judgment had ceased, of returning to the world, Trent, ib. - L. 783, 785; Sanchez, tr. 9, c. 2, n. 88; E. M.

There is required 4. that he be confirmed. Trent, sess. 23, C. 4, de Ref. But is this required under grave precept? Some affirm, others judge that this is not of precept, but of counsel, others commonly and more probably say that it is required under light obligation because of light disorder. L. 786. "By congruity," says St. Thomas, Suppl., q. 34, a. 4, "the character of order presupposes the character of confirmation, and not by necessity." Nevertheless the S. C. C., Sept. 27, 1601, declared that one initiated in first tonsure and minor orders before confirmation was received had been "badly promoted, had acquired a benefice less legitimately, and needed a new provision, nor could he ascend to sacred orders unless with a previous dispensation of the Apostolic See." Benedict XIV, Constitution Eo quamvis tempore, § 19.

There is required 5. that, besides testimonial letters, cf. 893, he have dimissorial letters of his own Bishop, if he is ordained not by his own Bishop but by another, when a just cause stands. Trent, sess. 14, C. 1, 2, de Ref.; L. 787, 789. Exempt Regulars must have dimissorials from their Prelates, namely Generals or Provincials. For by these letters the Bishop or Prelate, by force of his jurisdiction, deputes or asks another to confer orders on his subject. L. 788; E. M.

Poles cannot be ordained in Italy without authentic testimonial letters of their own Ordinary; and they cannot be recommended to Bishops of North America without permission of the S. C. de Prop. Fide. S. C. de Prop. Fide, May 2, 1898.

There is required 6. an examination of suitable knowledge, according to the order which is received. The Bishop is bound by himself or through others to examine those to be ordained, although he sends them to another Bishop to be ordained, unless from elsewhere he is certain of their suitability. Reg. 31, Iur. in 6; Trent, sess. 6, C. 11, de Ref.; sess. 14, C. 3, de Ref.; sess. 23, C. 3, 7, 12, 14, de Ref.; L. 790, 792. If those to be ordained were sent to a foreign Bishop, if by another Bishop, the one ordaining can examine them again; if by a Regular Prelate, he must examine them again. S. C. C., Jan. 16, 1595; L. 787; Lucidi, n. 75 ff.; Benedict XIV, Not. 23, n. 8. - Cf. here 894.

From Trent, sess. 23, CC. 4, 5, 11, 13, 14, 15, de Ref., for first tonsure it is required that they know the rudiments of faith, likewise reading and writing; for minor orders, that they at least understand the Latin language; for subdiaconate and diaconate, that they be "instructed in letters and in those things which pertain to exercising the order"; for priesthood, that "after diligent examination has preceded, they be approved as suitable for teaching the people those things which it is necessary for all to know for salvation, and for ministering the sacraments." Therefore those to be ordained priests must know those things which pertain to the sacrifice, to the Communion and Viaticum of the faithful, to baptism, and to extreme unction, of which they are ministers. But concerning the sacrament of penance, so much knowledge is not required as in a confessor, but they must at least have some knowledge concerning the more obvious matters for cases of necessity in which they are bound to receive Confessions. L. 791; St. Thomas, 4, dist. 23, q. 1, a. 3, q. 2. Yet the Bishop is not prohibited from requiring greater knowledge from his subjects than is assigned by Trent. L. 792. Those who have professed a Religion of merely contemplative life are to be treated more benignly. L. 791; St. Thomas, loc. cit., ad 1. On the contrary, greater knowledge is required in priests who are to have the care of souls, since "such knowledge is required in him who is to be promoted to orders... more or less, according as his office extends to more or fewer things." St. Thomas, Suppl., q. 36, a. 2. Far greater knowledge still is required in Bishops. For "it belongs to the higher priests, namely Bishops, to know even those things which can cause difficulty, and so much the more as they are placed in a higher grade." St. Thomas, Suppl., q. 36, a. 2. As regards the knowledge required in a Bishop, cf. 203. "Those professed both of solemn vows and of simple vows are not to be admitted by local Ordinaries to sacred orders, unless, besides the other things established by law, they present testimonial letters that they have devoted at least one year to sacred theology, if there is question of the subdiaconate; at least two years, if of the diaconate; and as regards the priesthood, at least three years, with the regular course of other studies having first been completed." S. C. EE. et RR., Nov. 4, 1892. Cf. here 894, 909.

Moreover, a fourth year is afterward to be added: the years must be complete, truly academic, and truly scholastic; and a regular course of other studies imports studies duly completed, both philosophical, together with other accessory disciplines, and of humane letters for five years, of which at least four years, besides primary instruction, must be completed before entrance into the novitiate.

Superiors, in testimonial letters, must expressly declare and attest the following: 1. as regards the theological curriculum, that the candidate, from such a year, month, and day, to such a year, month, and day, and in such a school, duly applied himself to the theological studies necessary for the sacred Order to which he is presented, and in the final trial or examination was found suitable; 2. as regards the lower studies to be put before the same curriculum: a) that the same candidate, after the studies of primary instruction were duly completed, completed in full the studies of humane letters in such a school, and for so many academic or scholastic years, having successfully passed the final trial; b) that the aforesaid candidate, after the studies of humane letters were rightly completed, completed in full the philosophical curriculum in such a school, and for so many academic or scholastic years, and successfully passed the final trial. S. C. de Relig., Sept. 7, 1902.

From the Norms of the S. C. EE. et RR. for Italy, no one, although he has the prescribed age, can be promoted to the subdiaconate before he has devoted himself to theology in the third year; to the diaconate before Easter of the fourth year of theological study; and to the priesthood before the end of the same year. Cf. 909. For the effect of sacred ordination, the years of studies must be complete, namely, the course of nine months must have been completed, and the final trial successfully passed. S. C. Cons., March 24, 1911.

Those who are prone to the errors of modernism are to be excluded from sacred orders. The oath is to be taken according to the Motu Proprio Sacrorum Antistitum, and it is enough that it be made before the order of subdiaconate. But the Ordinary, from a necessary or useful cause, can require it also before each of the other orders. S. C. Cons., March 24, 1911.

Pius X, in the Letter to the Italian Bishops, July 28, 1906, says that Bishops must promote, as the Tridentine prescribes, according to the necessity of the dioceses, selecting only those who are truly suitable.

There is required 7. that one be ordained through the due intervals of times. It is more probably lawful to confer first tonsure with some minor order, since first tonsure is not an order; Rome excepted. Lucidi, C. 2, n. 119. Between one minor order and another some time is required, which was not determined by Trent, sess. 23, C. 11, de Ref.; and in this the Bishop can well dispense, if from some cause something else seems expedient to him. From minor orders to the subdiaconate there is required under grave obligation the space of one year, unless necessity or the utility of the Church, in the judgment of the Bishop, demands otherwise. Trent, ibid., of the Church to which the cleric is ascribed. From the subdiaconate to the diaconate the space of a year is also required; nevertheless, for dispensing with this, any reasonable cause suffices, in the judgment of the Bishop. Trent, sess. 23, C. 13. From the diaconate to the priesthood there is required at least the space of a year, unless, on account of the utility and necessity of the Church, something else should seem good to the Bishop. Trent, sess. 23, C. 14. These words the S. C. C. declared are to be understood disjunctively, so that even utility alone is sufficient, in the judgment of the Bishop. But it is much more grave to receive two sacred orders on one and the same day, Trent, sess. 23, C. 13, or minor orders together with the subdiaconate, as is shown by common custom itself. Cf. C. Cum 2, C. Innotuit 3, de Eo qui furtive; L. 775, 780, 789, de Priv. 59; A. S. S., vol. 25, p. 587; E. M. "The remission of intervals, for the causes expressed by the Council, belongs to the ordaining Bishop as regards Regulars receiving orders from him, but not to Regular Superiors. The Bishop himself, nevertheless, concerning the causes for remission, is bound to give credence and deference to the testimony of the Regular Superior." S. C. C., Sept. 12, 1603; Benedict XIV, Inst. 57, n. 1.

Leo XII granted to the Society of Jesus the privilege of receiving orders without any observance of intervals. Brief Plura inter, July 11, 1826. Clement VIII granted to the Congregation of St. John the Evangelist in Lusitania the same dispensation from intervals. Ferraris, v. Interstitia, n. 14-16. Cf. here n. 906.

There is required 8. under grave obligation, that first tonsure be received before minor orders, and the lower order before the higher. C. Tuae, un., de Cler. per salt. ord. But if someone were to receive the episcopate before the priesthood, he would receive even that invalidly. L. 793; Trent, sess. 23, de Ref., C. 11; Pius VI, Bull Auctorem fidei, n. 51.

There is required 9. that one be ordained at the due time. Major orders can be conferred only on the Saturdays of Ember days, on the Saturday before Passion Sunday, and on Holy Saturday; and under grave obligation they are to be conferred within Mass. From a just cause the one ordaining is permitted to defer part of the ordination to the following Sunday, with the fast of Saturday continued by him and by those to be ordained. C. Litteras 13, C. Dilectus 15, de Temp. ord.

Minor orders can be given on any feast of precept, in the present, or before the reduction, if they are conferred on one or two, or even several, provided a general ordination does not seem to be taking place. Pont. Rom.; C. De eo 3, e.t.; S. R. C., March 16, 1833. Minor orders can also be conferred publicly on Wednesday before the Saturday of general ordination, and also on Friday of the general ordination of Ember days, provided there is custom, which Palaus, Salm., Barbosa, with others, testify has already been received. It is fitting to confer them in Mass; and they ought to be conferred before noon, Pont. Rom.; S. R. C., Nov. 12, 1831, Marsor., ad 1, unless there is an immemorial contrary custom. S. C. C., April 13, 1720. The consecration of a Bishop can take place on any Sunday, C. Ordinationes 1, 5, C. Quod die, Dist. 75, and on the birthdays of the Apostles, or, by special indult of the Supreme Pontiff, on other feasts of precept, even suppressed ones; and at the third hour of the day. Pont. Rom.; S. R. C., April 4, 1913. First tonsure can be conferred on any day and hour, even in the evening. "I. Since the Evangelists are equated with the Apostles in liturgical matters, it is asked whether episcopal consecration can take place on the birthdays of St. Luke and St. Mark? II. Whether it can take place on the feast of St. Barnabas the Apostle? III. Whether a special indult of the Supreme Pontiff is required for episcopal consecration to be carried out on festive days within the week a) which are still of precept and therefore are equated with Sundays, b) or also which were formerly of precept, that is, on suppressed feasts? Resp. To I and II: In the negative. To III: In the affirmative to both." S. R. C., April 4, 1913; A. A. S., vol. 5, p. 186.

Regulars can, by license of their prelates, be ordained outside the times by force of the privilege granted to them by Gregory XIII, Clement VIII, Urban VIII, and Benedict XIII. Conc. Rom., t. 5, C. 2; Benedict XIV, Notif. 23, n. 5. Outside the times, namely, on a Sunday or festive day of precept; of precept before the reduction. S. C. C., Jan. 15, 1689; S. R. C., March 16, 1833, Clarom. Cf. Benedict XIV, Const. Impositi nobis, § 12.

The Society of Jesus specifically has in this matter a privilege which Benedict XIV, loc. cit., affirms does not avail for others to whom it was not directly granted: that, without their students being bound to receive orders from the diocesan Bishop, they can be sent to any Catholic Bishop; likewise, that they can receive sacred orders outside the times and without observing the intervals, even on three continuous Sundays or feast days. L. 794, 797; Lugo, Resp. Mor., l. 1, d. 34; Benedict XIV, de Syn., l. 8, c. 11, n. 3-7, Notif. 23; Honorante, Prax. Secr., cap. 12. Cf. vol. 1, n. 275; E. M.

The Premonstratensians also have the privilege that they may be ordained outside the times, and on three festive days even continuous, by any Catholic prelate. Benedict XIII, Jan. 24, 1730.

A Bishop enjoying an indult to confer orders outside the times and without observing the intervals can use it also toward subjects of others who have dimissorial letters from their Ordinaries. S. C. de Sacram., Aug. 13, 1909.

Can Regulars, when they are ordained outside the times, be ordained on any double feast, even if it is not of precept? There are two opinions. The first affirms, because Alexander VI, speaking of those to be initiated through this privilege, said that they could be ordained on three Sundays or doubles. The second opinion denies, because Gregory XIII, speaking of this same privilege, said on Sundays and festive days. St. Alph., 797, says: "This second opinion is safer, and seems more probable; but I do not dare to reject the first, and I say that one must stand by custom, which is the best interpreter of laws." Now custom stands for the second opinion, which is also favored by S. C. C., Jan. 15, 1689. But when the faculty is given of conferring sacred orders on festive days, they can also be conferred on abrogated feasts. S. R. C., Nov. 12, 1831, Marsor., ad 1; March 16, 1833, n. 2705.

But unless there is a special indult that orders may be received on festive days even continuous, orders outside the times are to be conferred on festive days not continuous, but interposed. S. O., March 5, 1712, C. n. 1187.

There is required 10. the due place. From Trent, sess. 23, C. 8, sacred orders are to be conferred in the Cathedral church; or, if they are conferred in another place, in the worthier church of the place, as far as can be done. But from S. C. C., Nov. 20, 1594, if the ordination is not general, the Bishop can have it anywhere, even in his private chapel. Orders, however, cannot be conferred outside the diocese without permission of the Ordinary of the place, and then the Bishop can ordain both subjects of others and his own subjects. Trent, sess. 6, C. 5; L. 798. First tonsure and minor orders can be conferred in any place whatever, Pont. Rom. The consecration of a Bishop, apart from an indult and outside the Roman Curia, is to be celebrated in the church to which the Bishop is promoted, or in the province, if this can conveniently be done. Trent, sess. 23, c. 2, de Ref.

There is required 11. the due age. For first tonsure it is required that the one to be initiated be endowed with the use of reason, and therefore be at least seven years old. Benedict XIV, Const. Inter sollicitas, 1745, § 19. For minor orders no age is assigned in the law; nevertheless they are usually conferred from the seventh to the fourteenth year. Benedict XIV, ibid. For the subdiaconate the twenty-second year is established, for the diaconate the twenty-third year, and for the priesthood the twenty-fifth year. Trent, sess. 23, C. 13, de Ref. But it suffices that the prescribed year has begun. Trent, sess. 24, C. 12, de Ref. For the episcopate the thirtieth year completed is required, and the same is said for the Cardinalate, although by concession of Sixtus V, Const. Postquam, 1586, Cardinal Deacons can be of the age of twenty-two years. For beneficiaries, however, the fourteenth year is required from Trent, sess. 23, C. 6, de Ref. But, if the benefice is one with cure, the twenty-fifth year is required, at least begun. Trent, sess. 24, C. 12. For a canonry in Cathedrals the twenty-second year begun is required. Trent, sess. 22, C. 4. But for a penitentiary the fortieth year is required. Trent, sess. 24, C. 8, de Ref. In collegiate churches, however, the fourteenth year suffices, since nothing has been established for this in the law. "It is certain, moreover, that Bishops can in no way dispense in age." L. 800. L. 783, 799, 800; St. Thomas, Suppl., q. 39, a. 2; E. M.

Dispensation is given by the Supreme Pontiff. For the subdiaconate it is never dispensed; rarely for the diaconate; frequently for the priesthood, up to one year and a half and some days.

From the Norms of the S. C. EE. et RR., Jan. 18, 1908, for Italy, first tonsure is conferred on pupils who attend the propaedeutic course, minor orders on those who are in the first two years of theology, the subdiaconate on those who have completed the third year of theology, although they have the age prescribed by the Council of Trent, the diaconate not before Easter of the fourth year of theology, the priesthood not before the end of the same fourth year. Cf. here n. 903.

There is required 12. that one exercise the order previously received in the church to which he has been ascribed, according to Trent, sess. 23, C. 11, 13, 14, de Ref. But Salm., C. 4, n. 74, think this is not of grave precept, since the words of the Council are more consultative than preceptive. L. 801.

There is required 13. according as the Pontifical prescribes, that those to be ordained receive the Eucharist; but this is not under mortal sin, as La-Croix says, 1225. Indeed, those to be initiated to minor orders are not bound to communicate even under light obligation. Priests, however, are more truly bound to communicate under mortal sin, since they truly celebrate with the Bishop. St. Thomas, III, q. 32, a. 2; L. 301.

There is required 14. as regards receiving sacred orders, a title of honest support, Trent, sess. 21, C. 2; otherwise the Bishop ordaining or granting dimissorials is himself bound to support the one ordained in sacred orders until that man has a title. C. Cum secundum, de Praeb.; C. Recepimus, de Aetate et qualit. ordin. The ordinary, ecclesiastical title of support can be either poverty or a benefice sufficient for support, according to the synodal assessment of his diocese. By the title of poverty only solemnly professed Regulars are ordained, but not novices. St. Pius V, Const. Romanus Pontifex. For when the solemn vow of poverty has been emitted, there is a certain hope of support from the goods of the community. Leo XIII, Bull Conditae, § VI. The Passionists are excepted. The religious of the Society of Jesus are excepted, who can be ordained after simple vows; and if afterward they are dismissed from religion, the Society is by no means bound to support them. As regards the title of benefice, it is required that the benefice already be possessed peacefully. In the name of a benefice someone can also be ordained under the title of perpetual coadjutorship, or of daily distributions, or of chaplaincy, or of pension, or of perpetual prestimony; but Mass stipends by no means suffice for a title, since they are uncertain. "But he cannot resign that benefice unless mention is made that he was promoted under the title of that benefice; nor is that resignation to be admitted unless it is established that he can live suitably from elsewhere." Trent, sess. 21, C. 3, de Ref.

Besides the ecclesiastical title of benefice and of poverty, there is also the patrimonial title, which is extraordinary, namely, of patrimony or pension. As regards the title of patrimony, not all can be ordained under this title, but only those whom the Bishop judges are to be assumed for the necessity or convenience of his churches. Trent, sess. 21, C. 2, de Ref. Cf. 904. The patrimony must be constituted in legal form, upon a certain and immovable thing, and of its nature fruitful, or quasi-immovable, as in public bonds, S. C. C., June 29, 1704, peacefully possessed, and not burdened by debt or mortgage. By pension, however, a perpetual revenue suffices, even one redeemable, provided that, if it is redeemed, it is applied to the purchase of another revenue or of lands. It also suffices if someone, from his revenues, donates by instrument so many annual gold coins as are sufficient for support.

It suffices that some Count or Community obligate its goods for supporting the cleric. The title of one's own industry does not suffice. Patrimony cannot be renounced without the Bishop's permission, even after the attainment of a benefice sufficient for support. The Bishop's permission, however, suffices if someone either obtains a sufficient ecclesiastical benefice, or from elsewhere has that from which he can live. Trent, loc. cit.; L. 813-824; Benedict XIV, Notif. 26.

There are other extraordinary titles, for which a particular Indult of the Apostolic See is needed. As regards Regulars, there is the title of the common table, namely, for those Regulars who either pronounce no vows, or only simple vows. For secular clerics there is also the title of service of the church, and the title of mission. Collect. S. C. de P. F., n. 1179 ff.; E. M., Suppl. alter., p. 4 ff. They cannot depart from the church and from the mission, and they are supported by the alms of the faithful.

The alumni of the American College of Louvain, clerics of the United States of North America, who by force of the Pontifical Indult of Jan. 2, 1909, are promoted to sacred orders under the title of service of the church, are bound to issue a written promise that they will serve their own diocese faithfully. S. C. Cons., July 29, 1909.

A title can indeed be lost, but then another must absolutely be substituted for the lost title. And Regulars of solemn or simple vows constituted in sacred orders, expelled or dismissed, remain perpetually suspended, "until provision is made for them in another way by the Holy See; and, moreover, they have found a benevolent Bishop to receive them, and have provided for themselves an ecclesiastical patrimony." But those who have voluntarily obtained dismissal, or have been dispensed from simple vows, or are free from them because the time of temporary vows has elapsed, "are not to leave the cloister until they have found a benevolent Bishop to receive them, and have provided for themselves an ecclesiastical patrimony; otherwise they remain suspended from the exercise of the orders received." Decree Auctis admodum, S. C. EE. et RR., Nov. 4, 1892. E. M.

To dispense from the title of sacred ordination belongs to the S. C. C. S. C. Cons., Feb. 27, 1909.

There is required 15. from the Decrees of the S. O., Sept. 9, 1875, and Aug. 31, 1904, that clerics to be initiated in sacred orders have first satisfied the active and regular military service to which they are subject. Likewise, from the Decree of S. C. EE. et RR., Nov. 27, 1892, Regulars cannot emit solemn profession, nor receive sacred orders, unless they have first satisfied the active and regular military service to which they are subject. Cf. here n. 277; E. M.

There is required 16. as regards Regulars of Religious Orders to be initiated in sacred orders, that they have emitted the profession of solemn vows. But Regulars of Institutes of simple vows cannot receive sacred orders unless "they have already emitted vows which are indeed simple, but perpetual, and have been stably aggregated to their own Institute; or at least have remained for three years in temporary simple vows as regards those Institutes which defer perpetual profession beyond three years," all indults and privileges previously granted being revoked. But when a legitimate cause occurs, dispensation can be sought from the Apostolic See, "that a cleric may be able to pronounce solemn vows, although he has not completed the three years" of simple vows, as regards Regular Orders; "but as regards Institutes of simple vows, that he may be able to emit simple perpetual vows, although the time prescribed by the Constitutions of the respective Institute for the profession of simple perpetual vows has not been completed." S. C. EE. et RR., Nov. 4, 1892. E. M.

Whether or how does an ordained man sin who omits the recitation of the prayers which after ordination are imposed by the Bishop by way of penance; and what are those prayers? As regards the omission, the authors do not agree. For some say that he sins gravely, because the matter of the precept is grave. Others hold that he does not sin at all, because the Bishop does not impose a precept. Others finally judge that an omission of this sort is not indeed free from fault, but does not exceed venial sin. This opinion seems more probable. Cf. St. Lig., 289.

As regards the prayers, "for the nocturn of such a day, which the ordaining Bishop is accustomed to impose on subdeacons and deacons, there is to be understood the ferial nocturn, or the first nocturn of the feast or Sunday in the Psalter, according as the ordination was held on a feria, feast, or Sunday." S. R. C., June 27, 1899, Urbis, ad 1. Nevertheless the ordaining Bishop can enjoin another nocturn instead of the nocturn of the day. S. R. C., ibid., ad 2. The psalms with the respective antiphons suffice for such a nocturn, and Ps. Venite exultemus, the hymn, and the lessons are not to be added. S. R. C., July 10, 1903, n. 4042, 4117.

Whether or how are newly ordained priests bound to read the three Masses prescribed by the Bishop? They are not bound to apply them according to the Bishop's intention, and therefore they can accept a stipend for them. Nor does a grave obligation to celebrate those Masses appear; nor are they to be said before unobstructed days arrive, since they must be votive Masses: of the Holy Spirit, of the Blessed Virgin Mary, and for the Dead. S. R. C., April 11, 1840; L. ibid.; E. M.

To what are priests bound by force of the obedience which they promised to the Bishop in ordination? Benedict XIV explains it thus in the Epistle Ex quo dilectus: "We acknowledge that a priest, by force of this promise, is held bound, among other things, by this law: that he cannot depart from the service of the Church to which he has been assigned without the license of the Bishop." L. 823.

Does a cleric, initiated in minor orders, sin if he takes a wife? Speaking per se, it is certain that he does not sin gravely, indeed not even lightly, if he does this from a just cause, for example to quiet enmities or temptations of the flesh, to assist a poor woman, etc.; otherwise he will not be excused from venial sin. For by no law is he bound to receive sacred orders, but he still remains free. Yet he is not without a certain disorder if, after he has devoted himself to divine worship, without sufficient reason he says farewell to the clerical state which he has already professed, and returns to the enticements of the world. If he contracted marriage with one woman and a virgin, wore clerical garments, and was deputed by the Bishop to the service of some church, he would enjoy the privileges of the canon and of the forum, not others. Of the forum in criminal causes, not in others. Pont. Rom., de Ordin. subd.; C. Clerici, de Cler. coni. in 6; Trent, sess. 23, C. 6, 17, de Ref.; L. 783, 785.