Title IX: On the Times of Ordinations and the Quality of Those to Be Ordained

A bishop of Italy is not to ordain an ultramontane unless by special permission of the Pope or through open letters of the candidate’s bishop containing a just cause why he will not or cannot ordain him. If it is done otherwise, the ordaining bishop will be punished with a fitting penalty, and the person ordained will remain suspended in such a way that he cannot be absolved even by the Pope’s penitentiaries without the Pope’s special permission. John Andrew.

Clement IV. It often happens that certain clerics bound by the bond of excommunication, or apostates, irregular persons, or others unworthy to receive sacred orders, flee their native land, where knowledge of these things is had, and cause themselves to be promoted to orders of this kind in remote parts. We, therefore, wishing to meet the dangers to their souls, decree that henceforth no bishop of Italy presume to ordain any ultramontane cleric unless he has special permission from us, or permission from the bishop from whose diocese the person to be ordained derived his origin, or in whose diocese he holds a benefice, given through that bishop’s open letters containing a reasonable cause why he will not or cannot ordain him.

We will that those whom it happens are ordained contrary to the foregoing provisions remain suspended, without hope of obtaining a dispensation concerning this from the Apostolic See, and that those ordaining them be punished with fitting penance. We strictly prohibit all our penitentiaries from dispensing those ordained in this way, or delivering to them letters through which a dispensation ought to be made with them, without our special permission.

Those who knowingly ordain another’s cleric are suspended for one year from conferring orders; and after the suspension has become manifest, their subjects can be ordained by neighboring bishops without their permission. John Andrew.

Gregory X at the General Council of Lyons. We decree that those who knowingly, or through affected ignorance or any other contrived fiction, presume to ordain clerics of another parish without the permission of the superior of those to be ordained are suspended for one year from conferring orders, while the provisions established by the laws against persons ordained in this way are to endure in their force. We also grant to clerics of the parish of those so suspended, after their suspension has become manifest, free power meanwhile to receive orders from other neighboring bishops, even without their permission, provided this is otherwise done canonically.

The bishop of origin, domicile, or ecclesiastical benefice can give commendatory letters for orders; inferior prelates cannot, except by privilege, nor can officials of bishops; but those who have the administration of spiritual matters can properly grant them. — § 1. Bishops can ordain priors of non-exempt priories and their companions for as long as they remain in those priories, although they did not originate from there. John Andrew.

Boniface VIII. Since no one ought to ordain a cleric of another parish without his superior’s permission, “superior” in this case is understood to be the bishop from whose diocese the person desiring to be promoted to orders originated, or in whose diocese he holds an ecclesiastical benefice, or in which he has his domicile, even if he was born elsewhere. Inferior prelates also, whether religious or others, cannot impart permission of this kind unless it has been specially granted to them by the Apostolic See that they may cause their clerics or subjects to be ordained by whatever bishop they wish. Nor can the bishop’s official impart it, since his office does not extend to this. But while the bishop is acting in remote places, his vicar general in spiritual matters, or, while the see is vacant, the chapter, or the person to whom the administration of spiritual matters is then known to pertain, can give permission to ordain.

§ 1. Religious deputed by their superiors in non-exempt priories—both the priors and their companions—can lawfully be ordained by the diocesan bishops of the places for as long as they remain in those priories, although they did not originate from their dioceses.

A bishop or another inferior is not to confer first tonsure upon an infant unless he enters religion, nor upon an illiterate man, nor upon a man of another diocese without the permission of his own prelate; nor even upon a married man unless he enters religion or is lawfully promoted to sacred orders. Otherwise, one acting to the contrary is punished as stated here. This is what it says. Zenz.

The same. No bishop or any other person is to presume to confer clerical tonsure upon an infant, unless perhaps he enters religion, or upon an illiterate man, or, without the permission of his superior, upon a man of another diocese, nor even upon a married man unless he wishes to enter religion or be promoted to sacred orders, as is defined by the sacred canons. But one who acts to the contrary, so that he may be punished in that in which he sinned, is to know himself suspended for one year solely from conferring clerical tonsure.