Chapter III. On the Minister of the Sacrament of Order

1518. Principles. - I. Only a Bishop is the ordinary Minister of the Sacrament of Order. - See the arguments among the Dogmaticians.

II. A simple priest, when the Supreme Pontiff commits it, can be the extraordinary Minister of Tonsure and the four Minor Orders, and probably also of Subdiaconate, and according to others also of Diaconate.

It is proved as regards Tonsure and Minors from Councils, especially from Trent, where it is said: "It is not lawful for Abbots and any others whatsoever, however exempt and privileged, hereafter ... to confer Tonsure or Minor Orders upon anyone who is not a regular subject to them." Therefore Trent supposes that they can confer those Orders upon their Religious. - As regards Subdiaconate, see St. Alphonsus.

III. A Bishop can licitly ordain only his own subjects, which the Doctors commonly understand also concerning Tonsure.

But others he cannot licitly ordain without the faculty of their Bishop. - It is drawn from Trent.

1519. Questions. - Quaer. 1° Who is judged to be the proper Bishop of the one to be ordained?

Resp. A Bishop can be proper by a fourfold title, namely the title of nativity, domicile, benefice, and familiarity; concerning which, as regards these Provinces, the following must be noted:

1° Since now among us there is no benefice in the strict name, only the titles of nativity or origin and domicile are to be attended to, not of benefice nor of familiarity; for by the title of familiarity no one can be ordained unless also a benefice is at once, i.e. within a month, conferred upon him.

2° Concerning the title of nativity or origin, the Second Plenary Council of Baltimore has these things: "The place of origin is called the city, town, or village where someone was naturally born, namely where the father has true domicile. But if he is born elsewhere per accidens, for example on the occasion of a journey, embassy, trade, or any other temporal delay, then birth of this kind, being fortuitous, must by no means be attended to, but only the true and natural origin of the father. But if the father has remained in a foreign place where the son is born for so long and with such intention that he has there contracted domicile by law, then not the origin of the father but the domicile must be attended to for the ordination of the son. In the newly baptized, converted from heresy or infidelity, the place of origin is judged to be that in which they receive Baptism. For thus it was established by Paul III; and thus the practice of the Roman Curia holds itself." - But if the son is illegitimate, the origin of the mother is attended to; if exposed, the place in which he was exposed.

3° Concerning the title of domicile, the same Council notes these things: "A subject ... by reason of domicile, for the effect of receiving Orders, is judged to be only he who, although he was born elsewhere, nevertheless has established it stably in some place, either by residence of ten years, or by transferring to that place the greater part of his goods with furnished houses, and by dwelling there for a notable time, and moreover affirms by oath that he has the intention of remaining. From this it is clear that several things are required by positive law for constituting domicile properly so called for those to be Ordained than for those about to receive the other Sacraments. If someone has two domiciles, he will be able to seek Orders from the Bishop of either place, because each is held in place of his own Bishop."

4° "By a foreign Bishop," i.e. in our provinces neither of origin nor of domicile, "no one can be ordained unless he brings with himself the dimissorial letters of his own Bishop." Therefore dispensation from requiring these must be obtained from the Holy See in the case in which there would be question of a European to be ordained, lacking domicile here, and to whom "by the laws of his fatherland it is forbidden that a Bishop, without permission of the civil government, give the faculty of departing."

5° Testimonial letters are also sometimes required, although someone is ordained by the Bishop either of origin or of domicile, and indeed:

a) If someone is to be promoted to further Orders who was assumed to clerical Tonsure, or even to Minor Orders, by another Bishop, by whatever title this one was proper. For this one, if he is ordained by the Bishop of domicile, is held to show to him the testimonials of the Bishop of origin; but the testimonials of the Bishop of domicile if he is ordained by the Bishop of origin.

b) Whoever, whether not yet a cleric, or already promoted to Minors or Tonsure by another Bishop, by whatever title, "has departed from the place of his own origin," situated, for example, in Europe, or in another diocese of these Provinces, "is held to offer testimonial letters of the Ordinary of his origin to the ordaining Bishop," although proper by reason of domicile, or otherwise certain concerning the morals of the one to be ordained. "Nor does it matter whether the one to be ordained departed from the place of origin at that age in which he could have been bound by a canonical impediment, or before, when because of defect of years he could not be subject to an impediment of this kind."

c) "If someone has drawn out a delay for so great a space of time in that place in which he was born not naturally, but per accidens, that he could have contracted some canonical impediment there, then he is held also to show testimonial letters from the Ordinary of that place to the Bishop ordaining." Besides these things the Council established:

d) "That Bishops, and their examiners, ... from all, besides the other requisites, should require also testimonial letters, to be subscribed by the Rectors or Superiors of Colleges and Seminaries" where they were students, "in which it may be disclosed what kind of work they gave to studies; and also by Pastors or priests of proved life of other places in which they spent some notable time."¹

Quaer. 2° Who can grant dimissorial letters?

Resp. 1° Only the Bishop of the one to be ordained, provided he has taken possession, although not yet consecrated and although existing in a foreign diocese, the See not being vacant, can give dimissorial letters, whether by himself or through his Vicars General, if he acts in remote places or has conferred that power on them. For it belongs to the Bishop alone to govern the diocese and to confer Orders by ordinary right.²

Resp. 2° But when the See is vacant, the Chapter indeed has the faculty of conceding dimissorial letters, but not within a year from the day of vacancy, unless someone is constrained to receive Orders within that year on account of a benefice requiring personal service. - Thus from Trent.³

The dimissorial letters which the Chapter, the See being vacant, is prohibited from giving within a year from the day of vacancy, the Administrator also is prohibited from giving, who among us is in the place of the Chapter, or rather of the Capitular Vicar; but since in our Provinces there can be no question of those constrained to benefices, Kenrick thinks that the Administrator can give dimissorial letters even within a year from the day of vacancy, if necessity of providing for the care of souls presses.⁴

Quaer. 3° By what Bishop are Regulars to be ordained?

Resp. By the Bishop in whose diocese is the monastery where they are then dwelling. Except if after Trent they have obtained a special privilege, that they can be ordained by any Bishop whatsoever. But that privilege is not acquired by communication.⁵

If nevertheless the Bishop either is absent or will not have an ordination at the next time established by law, or, according to Lucidi T. I. n. 107, the Episcopal See is vacant, the Superior, dimissorials having been handed over, will be able to send subjects to be ordained by any Bishop whatsoever, provided only they show to this Bishop the testimony of the Vicar General, or Chancellor, or Secretary of the proper Bishop, and provided moreover the concession of dimissorials is not by design deferred to a time in which the diocesan Bishop either is going to be absent or will have no ordinations. The one ordaining can examine those to be ordained; he ought not to. - But these things, prescinding from a special privilege, are valid only as regards those Regulars who emit solemn vows, and those professed.¹

But in the ordination of Regulars, the disposition of the Roman Pontifical is to be observed as regards the formula: Do you promise obedience to your Ordinary, etc.²

Quaer. 4° What Mass is to be said by the Bishop in the general conferral of Orders, when on the Saturdays of the Four Times, or before Passion Sunday, some feast occurs: namely, of the feria, or indeed of the feast?

Resp. Of the feria. - Thus the Sacred Congregation of Rites has declared many times.

Notes near nn. 1518-1519, minister of Order and the proper Bishop (printed p. 210).

1 L. VI. 752. | 2 Sess. 23. c. 10. Ref. | 3 L. VI. 762. Cf. De Ang. T. I. p. 200, and Zeits. für Th. 1880. p. 527. | 4 L. VI. 769. | 5 Sess. 23. c. 8. Ref.

Notes near n. 1519, title of nativity, domicile, and familiarity (printed p. 211).

1 Sess. 23. c. 9. Ref. C. Speculatores. Innoc. XII. | 2 a. 317. | 3 C. Speculatores. Innoc. XII. | 4 C. Cupientes. | 5 Ib. | 6 a. 318. | 7 Honorante. Prax. Sacr. Trib. Urb. Vicarii, Rome, 1762. p. 21. Pauli III C. Cupientes, which Constitution of Paul afterward Clement XI confirmed and enlarged by C. Propagandae.

Notes near n. 1519, testimonial letters for ordination (printed p. 211).

1 Conc. Pl. Balt. II. a. 319. | 2 Kenr. Tr. XX. 15. | 3 Conc. Pl. Balt. II. a. 320. | 4 Ib. a. 321. | 5 Ib.

Notes near n. 1519, dimissorial letters and Regulars to be ordained (printed p. 212).

1 Conc. Pl. Balt. II. a. 322. | 2 L. VI. 787. | 3 Sess. 7. c. 10. Ref. S. Alph. L. VI. 788. | 4 Tr. XX. 21. | 5 L. VI. 768.

Notes near n. 1519, Regular ordination formula and Mass of ordination (printed p. 212).

1 L. VI. 768. 768. Acta, Vol. I. p. 358 sq. Anal. Jur. Pont. Ser. 2, Col. 2818. Ser. 7; Col. 744 sq. Craisson. Man. n. 2045. 2690. 7°. | 2 S. R. C. 22 Jul. 1848 in Gandav.