Chapter I: Of the Minister of Sacred Ordination

The ordinary minister of sacred ordination is a consecrated Bishop; the extraordinary minister is one who, although he lacks episcopal character, has received from law or from the Apostolic See by a peculiar indult the power of conferring certain orders.

It is lawful for no one to promote to a higher order one ordained by the Roman Pontiff without the faculty of the Apostolic See.

Episcopal consecration is reserved to the Roman Pontiff, so that it is lawful for no Bishop to consecrate anyone as Bishop unless first there is certainty concerning the pontifical mandate.

The consecrating Bishop must employ two other Bishops, who assist him in the consecration, unless a dispensation has been given by the Apostolic See concerning this matter.

§ 1. Each one is to be ordained by his own Bishop or with the legitimate dimissorial letters of the same.

§ 2. The proper Bishop, not impeded by a just cause, is to ordain his subjects personally by himself; but he cannot licitly ordain a subject of an Eastern rite without an apostolic indult.

The proper Bishop, in what pertains to the ordination of seculars, is only the Bishop of the diocese in which the one to be promoted has domicile together with origin, or simple domicile without origin; but in this second case the one to be promoted must confirm by oath the intention of remaining perpetually in the diocese, unless there is question of promoting to orders a cleric who is already incardinated in the diocese through first tonsure, or of promoting a student who is destined to the service of another diocese according to the norm of can. 969, Sec. 2, or of promoting a professed religious of whom in can. 964, n. 4.

§ 1. A Vicar and Prefect Apostolic, an Abbot or Prelate nullius, if they possess episcopal character, are equated with a diocesan Bishop in what pertains to ordination.

§ 2. If they lack episcopal character, they can nevertheless, in their own territory and only while the office endures, confer first tonsure and minor orders both on their own secular subjects according to the norm of can. 956, and on others who exhibit the dimissorial letters required by law; an ordination performed by them outside these limits is invalid.

§ 1. Dimissorial letters for seculars can be given, so long as they retain jurisdiction in the territory, by:

1° The proper Bishop, after he has legitimately taken possession of his diocese according to the norm of can. 334, Sec. 3, although not yet consecrated.

2° The Vicar General, yet by special mandate of the Bishop.

3° With the consent of the Chapter, the Vicar Capitular after a year from the vacancy of the 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.

4° The Vicar and Prefect Apostolic, Abbot or Prelate nullius, although they lack episcopal character, even for major orders.

§ 2. The Vicar Capitular is not to grant dimissorial letters to those who were rejected by the Bishop.

One who can give dimissorial letters for receiving orders can also confer the same orders personally by himself, if he has the necessary power of order.

§ 1. Dimissorial letters are not to be granted unless all the testimonials which are required by law according to the norm of canons 993-1000 have first been had.

§ 2. If after dimissorial letters have been given by the Ordinary new testimonials are necessary according to the norm of can. 994, Sec. 3, the outside Bishop is not to ordain before he has received them.

§ 3. But if the one to be promoted has spent in the very diocese of the ordaining Bishop time sufficient for contracting an impediment according to the norm of the aforesaid can. 994, this Bishop is to collect the testimonials directly.

Dimissorial letters can be sent by the proper Bishop, even by a suburbicarian Cardinal Bishop, to any Bishop having communion with the Apostolic See, except only, apart from apostolic indult, to a Bishop of a rite different from the rite of the one to be promoted.

Any Bishop, having accepted legitimate dimissorial letters, licitly ordains another's subject, provided that he himself can in no way doubt the genuine authenticity of the letters, with the prescription of can. 994, Sec. 3 preserved.

Dimissorial letters can be limited or revoked by the one granting them himself or by his successor, but once granted they are not extinguished when the right of the giver has been dissolved.

In what pertains to the ordination of religious:

1° A regular Abbot of governance, even without nullius territory, can confer first tonsure and minor orders, provided that the one to be promoted is subject to him by force of at least simple profession, and he himself is a presbyter and has legitimately received the abbatial blessing. Outside these limits, an ordination conferred by the same, any contrary privilege being revoked, is invalid, unless the one ordaining possesses episcopal character.

2° Exempt religious can licitly be ordained by no Bishop without the dimissorial letters of their own major Superior.

3° Superiors can grant dimissorial letters to professed members of simple vows, of whom in can. 574, only for first tonsure and minor orders.

4° The ordination of all other students of any religious institute is governed by the law of seculars, any indult granted to Superiors of giving dimissorial letters to those professed in temporary vows for major orders being revoked.

The Bishop to whom the religious Superior must send dimissorial letters is the Bishop of the diocese in which the religious house is situated, to whose family the one to be ordained belongs.

§ 1. Only then can a religious Superior send dimissorial letters to another Bishop, when the diocesan Bishop has given permission, or is of a different rite, or is absent, or is not going to have an ordination at the next legitimate time according to the norm of can. 1006, Sec. 2, or finally when the diocese is vacant and it is not governed by one who possesses episcopal character.

§ 2. It is necessary that in each case this be clear to the Bishop who is to ordain from an authentic testimonial of the episcopal Curia.

Religious Superiors are to take care that they do not send a subject to be ordained to another religious house in fraud of the diocesan Bishop, or deliberately defer the granting of dimissorial letters to that time when the Bishop will be absent or will have no ordinations.