Chapter IV. On the Subject of the Sacrament of Order

1520. Principles. - I. The subject of Order is only a baptized male.

The first reason is because women, by divine institution, are altogether incapable of any Order whatever. This is clear from Sacred Scripture.³ It is proved also from the perpetual practice of the Church, and from the unanimous consent of the Fathers and of all the Doctors.

The second reason is clear. For no one before receiving Baptism is able to receive any other Sacrament whatever.

But a baptized little boy, not yet possessed of reason, would indeed be ordained validly, but illicitly.

1521. - II. In order that someone may duly receive Orders, the following conditions are required:

1° That he be bound by no irregularity, suspension, excommunication, or interdict.

2° That he have attained the age required by the Sacred Canons.

3° That he present fitting knowledge, proved by an examination.¹

4° That, in the cases set forth in n. 1519. q. 1°, he show either testimonial or dimissorial letters.

5° That he be ordained at the due time, and with the due interstices interposed.

6° That positive probity of life have divine vocation also as its companion.

7° That ordination be made by grades, namely that a higher Order not be received before a lower, and indeed under mortal sin; nevertheless an ordination otherwise received would be valid, if you except the Episcopate, which prerequires Priesthood.²

8° That those to be ordained receive the Holy Eucharist; which statute of the Roman Pontifical more truly binds presbyters under mortal sin, deacons and subdeacons under light sin; but for those to be initiated to Minors it is judged to be of counsel alone.³

9° That, if there is question of Regulars, those things be observed which were said above n. 1195. C). 5° and n. 1519. q. 3°, and which will be said n. 1522 under 2°. - Regulars have besides the privilege that they can be ordained outside the times.⁴

10° That, if there is question of a married man remaining in the world, he cannot licitly be promoted to any Order, not even to Tonsure, except with the express and spontaneous consent of his consort.⁵ Except: a) if on account of the wife's adultery a legitimate divorce has been made, and indeed juridically, if the crime is not notorious;⁶ b) if, on account of heresy or apostasy from the Faith on her part, the judge has decreed perpetual separation (but today perpetual separation scarcely is accustomed to be permitted); likewise generally c) if the man has converted himself to the Catholic Faith, the wife remaining in infidelity. - But among us such a married man would be ordained most imprudently, unless first a sentence of divorce had been obtained from the civil judge.

But is it required besides that the wife enter Religion, and in the same solemnly profess?

Resp. 1° Negatively, generally, but the perpetual vow of chastity suffices.

Resp. 2° Affirmatively, if either the wife were young and the man became a religious, or the man were assumed to the Episcopate.

Resp. 3° Neither a vow nor entrance into Religion is required if the wife committed the crime of adultery.

11° That the names of secular clerics who are to be assumed to Sacred Orders be recited in the Church of the parish to which they belong.² But this custom does not obtain among us, says Kenrick.³

12° That the Order received be exercised before one ascends to a higher one.⁴ Nevertheless, as to precept, without a strict mandate of the Bishop, it is not certain, especially as regards Minors, whose exercise has almost become obsolete.⁵

13° That there be the intention of clericating, i.e. the will of permanently devoting oneself to the clerical state.⁶

Notes near n. 1520, subject of the Sacrament of Order (printed p. 212).

3 I Cor. 14. 34. I Tim. 2. II. 12.

Notes near n. 1521, conditions for receiving Orders (printed p. 213).

1 Conc. Pl. Balt. II. a. 316. | 2 L. VI. 793. | 3 Ib. 801. | 4 S. Alph. de Priv. n. 115, 116. | 5 L. VI. 812. | 6 Ib. 969.

Notes near n. 1522, title of support for Subdeacon (printed p. 213).

1 L. VI. 969. | 2 Trid. Sess. 23. c. 5. Ref. | 3 Tr. XX. 33. | 4 Trid. Sess. 23. c. 11. 13. 17. Ref. | 5 L. VI. 801. | 6 Ib. 785. | 7 Instr. cit. n. 2. | 8 Ib. n. 3. | 9 Ib. n. 14.

1522. - For one to be ordained Subdeacon there is required besides a title of honorable support,¹ lest, namely, clerics constituted in Sacred Orders be compelled, either from begged subsidies or from sordid gain, to procure for themselves with dishonor to Sacred Order those things which are necessary for living. It is useful in this matter to hand down a synopsis of the Instruction which the Sacred Congregation de Propaganda Fide issued for Mission places on April 27, 1871.

1° "A twofold title is distinguished: namely the ecclesiastical and the patrimonial. This latter ... obtains when the one to be ordained is furnished with such goods, certain, stable, and fruitful, coming from elsewhere than from the Church, which in the judgment of the Bishop are judged to suffice for his fitting support."⁷ - "The ecclesiastical ... title is subdivided into the benefice-title and the title of poverty, to which certain other species, as it were subsidiary and extraordinary, must be added, namely the titles of the Common Table, and of Service of the Church, Mission, Sufficiency, and College."⁸ - The titles of Benefice, Service of the Church, Sufficiency, and College being passed over, since they do not occur among us, and the title of Patrimony already having been explained above, which can also be used among us,⁹ it remains that we treat of the title of Poverty, and of the Common Table, and also of the title of Mission.

2° "The title of Poverty ... is placed in religious profession, by force of which those who have emitted solemn vows in an approved Religion have all things in common, from the revenues of goods, if the Religion itself possesses any, or from the pious offerings of the faithful, of which they have need for sustaining life. But what they call the title of the Common Table touches those clerics who, dwelling after the manner of Religious in the discipline of common life, pronounce either no vows, or only simple vows, and accordingly are permitted to go out or to be dismissed from the religious house, and to return to the world. For the title of poverty does not pertain to them, as is gathered from the Constitution Romanus Pontifex of St. Pius V, on the day before the Ides of October, 1568. But of these clerics those only can be promoted to Sacred Orders under the title of the Common Table whose Congregations or Institutes have been enriched by the Apostolic See with a special privilege for this." Therefore religious of Orders in which solemn vows are emitted cannot, without a special indult, be promoted to Sacred Orders under the title of poverty so long as they are bound only by simple vows, according to the norm of the Decree of Pius IX (see n. 1187). This is clear also from the Response of the Sacred Congregation of Regulars, January 20, 1866, to the Archbishop of Mexico.

3° "The title of Mission ... is accustomed to be used ... for those who ... devote themselves to the service of Apostolic Missions ... in places ... in which the condition of things is such that the common law of the Church concerning those things which regard the title prerequired for Sacred Ordination cannot be observed to the letter. But those who have been ordained under a title of this kind obtain from the apostolic ministry in the Mission to which they have been assigned the things necessary for life."² - In order that someone can be ordained under this title, there is required:

a) A special indult granted by the Holy See to the Ordinary (regularly either for a certain time, or for a fixed number of cases), the conscience of the same being strictly burdened, that it be used "only in favor of those who, by disposition and docility of soul, rectitude of intention, aptitude of mind, progress in sacred studies, integrity of morals, and contempt of worldly things, give hope that they will be strenuous heralds of the Gospel."¹ - An indult of this kind was granted by the Supreme Pontiff to the several Bishops of these Provinces on January 24, 1868, for the term assigned to each of them for the exercise of the other faculties (p. LXX. sq.).²

b) An oath³ [p. LXXIII. note 2 and n. 374. 8°. See several declarations concerning its sense T. I. p. 473 (κ)]. To those emitting it, and likewise to those repeating it on the anniversary day, Pius VI, in an audience of May 7, 1775, granted a plenary indulgence, applicable to the departed, provided in both cases they have confessed and been refreshed by Holy Communion.⁴

4° Just as other titles, so also this one, of which there is question, can be lost according to canonical sanctions, and be taken away by Ordinaries, with the consent, however, of the Sacred Congregation, to which it belongs to release those so ordained from the bond of the oath offered.⁵ "But if, the title generally having been lost, or even the title of Mission, another is not substituted for it, the priest does not for that reason remain suspended; but Ordinaries are held to compel those ordained to the substitution of another title, just as provision has been made by the sacred Canons. This Sacred Congregation declared this in the general meetings of September 1, 1856."⁶

"Likewise regular priests who have pronounced solemn vows, and by Apostolic indulgence are permitted to live in the world, or who have issued simple vows and have departed from their Congregations or Institutes, lest they be compelled to beg with dishonor to their proper grade, are bound to provide for themselves concerning a canonical title; but in places of Missions they are bound at least to prove that means are at hand for them by which they may provide for their own support, as is fitting."⁷

"Those who have ascended to ecclesiastical Orders under the title of some certain Mission, when they have dismissed the office of Missionary, without doubt lose their title, and must provide themselves with another; but if they are deputed to the service of another Mission, in order that they may assume the title of this Mission, a new concession of the Holy See will be necessary; for neither does the faculty, if any has been obtained by the Ordinary of that Mission, of ordaining clerics under the mentioned title, suffice for them."⁸ See also Past.-Bl. für N. Amer.⁹

Notes near n. 1522, title of Mission and canonical title (printed p. 214).

1 Instr. cit. n. 4. | 2 Ib. n. 6. | 3 Instr. cit. n. 7. Conc. Pl. Balt. II. a. 89. | 4 Conc. Pl. Balt. II. a. 323. note 1. | 5 Instr. cit. n. 8. | 6 Ib. n. 15. | 7 Cf. nevertheless Conc. Pl. Balt. II. n. 90. | 8 Ib. n. 11. | 9 Instr. cit. n. 12.

1523. Questions. - Quaer. 1° What knowledge is required in candidates to be promoted to Orders?

Resp. 1° Of those to be initiated to Minors, it is required that they at least understand the Latin speech; 2° of those to be initiated to Subdiaconate and Diaconate, it is required that they be learned in letters, and in those things which pertain to exercising the Order; 3° finally, of those to be initiated to Priesthood, it is required that they be found fit to teach the people those things which are necessary for salvation to all, and to minister the Sacraments. - Trent.³ But the end of the Council, which indicates the lowest limits of knowledge, is to keep the unlettered away from Orders, without its being prohibited to the Bishop to require from those to be ordained a richer knowledge, which deservedly is now required everywhere.⁴

Quaer. 2° What age is required for receiving Orders?

Resp. 1° For receiving Tonsure it is required that the one to be initiated possess the use of reason, namely that he be at least seven years old. - Trent.⁵ 2° As regards Minors, no age is assigned in Canon Law. 3° Of Subdeacons is required the twenty-second year of age. 4° Of Deacons, the twenty-third. 5° Of Priests, the twenty-fifth. 6° But for the Episcopate the thirtieth year is required. It is gathered from Trent.⁶ But it suffices that the indicated year have been begun, with the exception, however, of the Episcopate and Tonsure.⁷ But dispensation as regards age is reserved to the Supreme Pontiff.⁸ For the faculties usually granted to our Bishops in this matter, see p. LXX. n. 3, and p. LXXII. n. 3.

Quaer. 3° At what time and place can Orders be conferred?

Resp. 1° Tonsure can be conferred on any day, hour, and place (even outside the proper diocese of the one ordaining). - Thus from the Roman Pontifical.

Resp. 2° Minors can be conferred anywhere, but in the proper diocese of the one ordaining,¹ on single Sundays or double Feasts of precept, even suppressed,² provided they are conferred in the morning. - See the Roman Pontifical. But this is to be understood of an ordination which is not general; since a general ordination must be made on those days on which Major Orders can be conferred, unless custom permits this on Wednesday or Friday before the general ordination.³

Resp. 3° Major Orders by law, and under grave obligation, are to be conferred during the celebration of Mass: 1° on the Saturday of each of the Four Times; 2° on the Saturday before Passion Sunday; 3° on Holy Saturday.³ But by dispensation obtained from the Pope (for the granting of which a faculty has been conceded to our Bishops. See p. LXX. n. 1), they can also be conferred outside the times, namely on other Sundays or Feasts of precept, even suppressed. - But whether with a dispensation of this kind Orders, whether Minors or Majors, can be conferred on doubles which are not, nor have been, of precept, is controverted. To St. Alphonsus the opinion denying is more probable,⁴ and the Sacred Congregation of the Council followed it in the Caesaraugustana, January 15, 1689.⁵

"But to the Bishops of the Federated Provinces," says Kenrick,⁶ "it is indulged that they confer Orders outside the times; wherefore it seems lawful for them to confer them on any day whatever, at the equal judgment of the Bishop." - But in what sense these words of the most illustrious Kenrick are to be understood is not sufficiently clear. If as interpretive of the privilege, as seems to be concluded from the context (see the cited place), we do not acquiesce in the opinion of the most learned man; for neither, according to St. Alphonsus, is any difference to be admitted between the privilege of conferring or receiving Orders on three feast days and the privilege of ordaining outside the times, as also seems to be clear from the Decree of Innocent XII dated December 14, 1693,⁸ and from several concessions which may be seen in the Bullarium of the Congregation de Propaganda Fide,⁹ and is clearly evident from the declaration in Caesaraugustana above. - But if Kenrick wished to testify only concerning the custom of the Federated States, we admit, with St. Alphonsus, that that custom can be legitimate.¹ - The indult is to be read before the conferral of Sacred Orders. Pontifical.

Addendum and Corrigendum. - The opinion of St. Alphonsus concerning the sense of the indult for conferring Orders outside the times is confirmed by the Response of the Sacred Congregation of Rites of the same day, 18 May 1883, in the Marionopolitana. "Doubt II. Whether the faculty of conferring Sacred Orders outside the times, by force of art. 1, Form. I., generally granted to missionary Bishops, is limited, unless there is a very special indult, to those days alone on which by common law it is lawful to confer Minor Orders, namely feast days of precept, even those abrogated in favor of the faithful? Or whether it extends to all individual days of the year, or at least to all on which an Office of double rite is recited?" The Sacred Congregation responded: "Affirmatively to the first part: negatively to the second."

Note besides concerning the same privilege: a) outside the case of contrary custom or indult, Orders to be conferred must be on separated days. L. VI. 796; b) a Bishop cannot use the favor of another's subject unless he is fortified with an indult for this. (γ) p. 393.

It is not lawful without reasonable cause to perform general ordinations of Sacred Orders outside the Cathedral, or, in another place of the diocese, outside the more worthy church.

Quaer. 4° What is to be said about interstices?

Resp. 1° Between the Minors certain interstices are to be observed, unless something else seem more expedient to the Bishop. - Thus from Trent.³ - But the time is not determined. In many places by custom the four Minors are conferred on the same day.

Resp. 2° As regards Majors, this was established by Trent:⁴ between the last of the Minors received and Subdiaconate, one year must intervene, computed not mathematically, but ecclesiastically, e.g. from the Four Times of one year to the Four Times of the following year; unless necessity or the utility of the Church, in the judgment of the Bishop, demand otherwise. Say the same between Subdiaconate and Diaconate, unless for any reasonable cause whatever something else seem good to the Bishop. The same also is to be said between Diaconate and Presbyterate, unless the Bishop determine otherwise on account of the notable and certain utility of his own Church. But to our Bishops a fuller power as regards this is conceded. See p. LXX. n. 1.⁵

But he would sin gravely who on the same day, besides the four Minors, also received Subdiaconate, unless a contrary custom excuse, which is to be proved by the Bishop.⁶

Note. - Dispensation in the interstices can be given by the Bishop also to Regulars duly dismissed to him, but not to subjects of another diocese, to whom it must be conceded by their own Ordinary, mention of it having been made in the dimissorials. - Craisson, Manuale.¹

Quaer. 5° Does a Cleric sin who, initiated in Minors, takes a wife?

Resp. Speaking in itself, it is certain that he does not sin gravely, indeed not even lightly, if he does this on account of a just cause, e.g. to end enmities, or temptations of the flesh, or to come to the aid of a poor woman, etc.; otherwise he will not be excused from venial sin.² - I said: speaking in itself; for it is greatly to be feared, says St. Alphonsus, lest he be in a bad state who, certain of his vocation to the ecclesiastical state, withdraws from it in order to enjoy the world.

Quaer. 6° Is it required that the one to be ordained be confirmed?

Resp. Trent³ has these words: "Let those not be initiated with first tonsure who have not received the Sacrament of Confirmation." But it is disputed whether these words are of precept, or only of counsel: "Commonly," says St. Alphonsus,⁴ "they say that Confirmation is not required in one to be ordained under grave obligation, but is indeed required under light obligation; because, although the words of Trent rather indicate fittingness than precept, nevertheless he who acts contrary in this matter is not excused from at least a light disorder."

Quaer. 7° Does he sin who receives some Order without the intention of ascending to higher ones?

Resp. 1° He does not sin gravely, even if he receives Major Orders and does not intend to receive Priesthood. - Thus St. Alphonsus, who says that this is certain and common.⁵

Resp. 2° Nor probably does he in itself sin venially, because by no law is it prescribed to anyone that he ascend to higher Orders, unless someone accept a benefice requiring Priesthood or Sacred Order.⁶

See nevertheless what was said concerning those ordained under the title of Mission, n. 374. 8°.

Quaer. 8° Whether and 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?

Resp. The Theologians do not agree on this. 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. Finally others judge that omission of this kind at least is not mortal, since this is not certain concerning it, and indeed this opinion is probable to St. Alphonsus.¹

As regards these prayers, this Declaration of the Sacred Congregation of Rites is had:² "The words of the Roman Pontifical: The Nocturn of such a day, understand of the single Nocturn in the ferial office, or of the first of Sunday, as in the Psalter, that is, of twelve Psalms with their antiphons of the time, which the ordaining Bishop can designate, either of the very day on which he has the ordination, or of another, according to his judgment." - But when the Bishop expresses nothing other than what the words of the Pontifical relate, the Nocturn of the feria is to be said, which corresponds to that day on which the ordination was made.

Quaer. 9° Whether or how are newly ordained priests held to read the three Masses prescribed by the Bishop?

Resp. 1° They are not held to apply them according to the intention of the Bishop, and therefore can receive a stipend for them.³

Resp. 2° Probably the obligation to say them at least is not grave; nor are they to be said before non-impeded days arrive, since they must be votive Masses.⁴

Quaer. 10° What should newly ordained priests, celebrating with the Bishop, especially observe as regards the pronunciation of the form of Consecration?

Resp. 1° That, as far as can be done, they finish the form together with the Bishop; 2° that they have the intention of consecrating only when they have finished the form at the same time with the Bishop; 3° that in the Consecration of the Chalice they intend also not to consecrate, if perchance they did not consecrate the bread.⁵ Practically, on account of the easy disturbance of those to be ordained, it will be best that one of the assisting ministers form the intention of which under 2° and 3°, and that those to be ordained be forewarned simply to conform their own to this.

Quaer. 11° To what are priests held by force of the obedience which they promised to the Bishop in ordination?

Resp. Benedict XIV explains thus (in the Epistle Ea quo dilectus, January 14, 1747): "We acknowledge that a Presbyter, by the force of this promise, is bound by this law, among others, as a strict one, that he cannot depart from the service of the Church to which he has been assigned without the license of the Bishop." (34) p. 422.

Quaer. 12° Can priests, or even Pastors, embrace the religious state when the Bishop refuses?

Resp. See n. 1158.

Quaer. 13° Is absolution to be granted to a Cleric habituated in an occult shameful vice, who wishes to ascend to Sacred Orders, without a previous experiment of continence?

Resp. Negatively, even though he has been sincerely converted to the Lord, and therefore can be absolved at once. And so he will not be able to receive Sacred Order unless he has given some time to work at extirpating the depraved habit. But if he persist in wishing to receive Sacred Order, St. Alphonsus does not judge him disposed for absolution, because he violates the law of the Church in a grave matter. He excepts only the case in which God grants the penitent an extraordinary grace of compunction, which renders him so proved that he himself can at once receive Sacred Order without being proved by the experience of time. But even in this case, for one wishing to be ordained at once, it is more prudent that absolution be deferred, so that he may be more firmly proved by the experience of time, provided there is not reason to fear, from the delay, a proximate danger of infamy. The same concerning a drunkard.

Notes near n. 1523, knowledge, age, time, and place for Orders (printed p. 215).

1 Instr. cit. n. 13. | 2 16th year, p. 108. | 3 Sess. 23. c. 4 sq. Ref. | 4 L. VI. 792. Adv. 2. | 5 Sess. 23. c. 4. Ref. | 6 Ib. c. 12. Ref. | 7 L. VI. 799. | 8 Ib. 800. | 9 Ib. 798.

Notes near n. 1523, ordination days and the indult outside the times (printed p. 216).

1 L. VI. 798. | 2 S. R. C. 12 Nov. 1831 in Mars. 16 Mar. 1833 in Claremont, etc. | 3 L. VI. 794. | 4 Ib. 797. Dub. 4. de Priv. n. 116. | 5 Apud Lucidi, de visit. T. I. p. 180. | 6 Tr. XX. 34. | 7 De Priv. n. 116. | 8 Bull. Rom. Ed. Taur. T. XX. p. 587. § 5. | 9 App. 1. p. 175 and 305.

Notes near n. 1523, interstices and separated days for Orders (printed p. 217).

1 L. VI. 797. Dub. 4. | 2 Herdt, Pr. Pont. T. III. n. 355. | 3 Sess. 23. c. 11. Ref. | 4 Ib. c. 11. 13. 14. Ref. | 5 Ex. Ord. 44. L. VI. 795. | 6 L. VI. 796.

Notes near n. 1523, confirmation and intention for higher Orders (printed p. 218).

1 n. 2036, 2037. | 2 L. VI. 785. | 3 Sess. 23. c. 4. Ref. | 4 L. VI. 785. | 5 L. VI. 785. | 6 Ib. 785.

Notes near n. 1523, imposed prayers, Masses, and obedience after ordination (printed p. 218).

1 Ex. Ord. 91. | 2 11 Aug. 1860 in Granat. | 3 L. VI. 829. | 4 Ex. Ord. 91. S. R. C. 11 Apr. 1840 in Barchin. | 5 Ex. Ord. n. 232.