Chapter II. On the Matter and Form of Order

1516. - Matter and form are various for the various Orders.

I. As regards the Minor Orders, by reason of matter, the Ostiary is ordained by the handing over of the keys of the Church; the Lector by the handing over of the book of lessons; the Exorcist by the handing over of the book of exorcisms; the Acolyte by the handing over of empty cruets, or at least of one, and of a candlestick with an extinguished candle, because it belongs to him to prepare light, wine, and water for Mass. - The form proper to these Orders is contained in the words which the Bishop uses while he hands over the instruments themselves. (32) p. 422.

II. As regards Subdiaconate, among the Greeks the imposition of hands is judged as the matter. Among the Latins it is disputed. According to some, the handing over of the empty chalice with the empty paten is its only proximate matter. But others contend that the handing over of the book of Epistles is likewise the essential matter of this Order. - But the form is contained in these words: See whose ministry, etc.; according to the opinion requiring also the handing over of the book of Epistles, the form corresponding to this handing over must be added.

III. As regards Diaconate, the matter is established as twofold, namely the imposition of the right hand of the Bishop, and the handing over of the book of Gospels. Whether each of these is necessary, or only one, is in controversy. Some Theologians judge only the imposition of hands necessary; others, only the handing over of the book; others finally, each. But as regards practice, this last opinion, as the safer one, is to be held. - Consequently the form also is held as twofold. That which is added to the former matter is this: Receive the Holy Spirit for strength, and for resisting the devil and his temptations. In the name of the Lord. - That which accompanies the latter matter is of this kind: Receive the power of reading the Gospel in the Church of God, both for the living and for the dead. In the name of the Lord.

IV. As regards Presbyterate, its matter among the Greeks is placed in the sole imposition of hands; but among the Latins it is twofold, at least by precept, namely the imposition of the hands of the Bishop, and the handing over of the chalice with wine, and of the paten with the host placed upon it. But it is disputed among Theologians what is the essential matter. More probably it consists in the second imposition of hands alone, which is made by the Bishop with the assisting Presbyters.

The form also varies according to the diversity of matter; wherefore concerning it likewise there is dispute. Hence the form which corresponds to the handing over of the instruments is this: Receive the power of offering Sacrifice to God, and of celebrating Masses, both for the living and for the dead. In the name of the Lord. But the form proper to the imposition of hands is the prayer itself which the Bishop recites while he imposes hands upon those to be ordained a second time, or together with the priests.

1517. Questions. - Quaer. 1° Whether physical touch of the instruments is required?

Resp. St. Alphonsus says that there is given a twofold probable opinion, and consequently that the safer one must be followed in practice. There are some who think the negative opinion safe, on account of a twofold Response of the Sacred Congregation of Rites, the one on December 3, 1661, the other on January 21, 1863. The former sounds thus: "To the scruple of Brother Ephrem Chasteau, pro-agent of the French Recollects, namely that he did not touch with physical touch the chalice in his ordination to the Presbyterate; - the Sacred Congregation responded: That he can continue the celebration of the Most Holy Sacrifice without any scruple, and with altogether safe conscience." The latter response, which is not found in the Collection of Gardellini, is said by the patrons of the negative opinion to be altogether similar to the former both as to the case and as to the response. But from these it is in no way lawful to conclude that the negative opinion is safe. For, as the anonymous annotator of Gury, Roman ed. 1873, rightly notices, "although the doubt concerning the validity of ordination when someone omitted to touch the chalice, even if he touched the paten, is not identical with the proposed general doubt: whether physical touch of the instruments is required; nevertheless, even supposing a connection of each doubt, here it would be necessary to know whether the Sacred Congregation responded concerning a doubt of law, or rather concerning a doubt of fact, since it often happens that responses of this kind regard not questions of law, but a particular case. But that the cited resolution of the Sacred Congregation is to be received in this latter sense is suggested by the mention of scruple which occurs there; for if there had been a question of law, to bring forward a doubt of this kind, on account of the opposed opinions of Theologians, by the name of scruple, would seem alien from the practice of the Sacred Congregation." (33) p. 422.

For the rest, no reasonable and founded scruple can exist in one ordained. For in practice Bishops are accustomed to proceed in such a way that in a matter of such great moment they always hold the safer way. Besides, upon so many Ministers and Officials is incumbent the duty of watching over the rite to be observed in Ordination, so that moral certitude is had that all things were rightly and validly done.

Quaer. 2° Whether the handing over of each species is necessarily required?

Resp. Affirmatively, more probably, because by the handing over of one species the power over the whole Sacrifice is not handed over. - St. Alphonsus.

Quaer. 3° Whether he is validly ordained who touches the host but not the paten; and who touches the chalice and paten, but not the host?

Resp. to the 1st. Affirmatively, with the common opinion, which seems most probable. The reason is that the host and wine are the substantial matter of Order, by which principally the power over the Body of Christ is signified, and only for the sake of fittingness from the precept of the Church are chalice and paten used. Nevertheless in practice the safer part is to be followed.

Resp. to the 2nd. Also affirmatively with the common and truer opinion, says St. Alphonsus. The reason is 1° because then the host is touched by means of the paten; but immediate touch of the host is not prescribed by the Church, but only of the paten, as is clear from the Pontifical; 2° because the wine in the chalice is never touched immediately: therefore neither is it required that the host be touched immediately. For the rest, the one to be ordained must take care that he touch the chalice, the paten, and at the same time the host, and thus he will remove himself from every scruple.

Notes near nn. 1516-1517, matter and form of Order and physical touch (printed p. 209).

1 L. VI. 749. | 2 Ib. 739 sq. | 3 Ib. 743. | 4 Gardell. 2143. Vol. I. p. 364.

Notes near n. 1517, touch of instruments and species (printed p. 210).

1 P. II. n. 702. (1). (*). Cf. Vindic. p. 358. 2a Ed. T. I. p. 439 sq. | 2 L. VI. 750. | 3 Ib. 751.