Article I: On The Requisites In The Minister That He Ordain Validly

1904. Besides intention (concerning which in the Treatise on the Sacraments in general, n. 1412), conceded power is required in the minister of sacred Ordination. Wherefore these things are established.

Principles. I. A consecrated Bishop is the ORDINARY minister of the Sacrament of Order. It is of faith, and is established both from the Decree of Eugenius IV to the Armenians and from Trent (sess. 23, can. 7), and from the constant tradition of the Church. Nor does it hinder the validity of Ordination that the Bishop is heretical, degraded, simoniacal, censured, or irregular; provided all substantial things are observed.¹⁶

Hence "Ordinations of the Lutherans are had as null, on account of defect both of character in the one ordaining, and of the form instituted by Christ. Thus likewise Anglican Ordinations are certainly doubtful, indeed far more probably invalid. Otherwise one must hold both concerning Greek schismatics, and concerning the Jansenists in Holland."¹⁷

1905. II. A simple priest can, as EXTRAORDINARY minister, confer by commission of the Supreme Pontiff tonsure and the four minor Orders. - It is established both from various Councils, and from privileges conceded by law or by the Holy See.¹⁸

Hence regular Abbots can, from Trent (sess. 23, cap. 10, de reform.), validly and licitly confer minor Orders and tonsure on their subject Religious. - But on others, even their secular subjects being excluded, they can no longer licitly confer them; indeed, neither validly, as is evinced from various Responses of the S. C. of the Council issued after Benedict XIV, unless there is some special concession for the particular case.¹⁹

1906. Questions. Q. 1. Whether the Supreme Pontiff can grant to a SIMPLE PRIEST the faculty of conferring SACRED Orders?

Resp. The common opinion denies that a simple priest can ever confer the presbyterate. Whether he can confer the subdiaconate, indeed even the diaconate, by commission of the Supreme Pontiff, is controverted. Some affirm, others deny; others finally, and indeed probably, deny concerning the diaconate and affirm concerning the subdiaconate, because this Order does not have, as the diaconate does, an immediate relation to the Body of Christ, nor was it always counted among the sacred Orders.²⁰

Q. 2. Whether for the validity of episcopal Ordination the assistance of THREE BISHOPS is required?

Resp. 1. It is certain that an Ordination is valid which, with permission of the Apostolic See, on account of necessity, has been performed by only one Bishop, two (or even no) presbyters assisting. - It is established from the practice both of the present Church, and also of the Apostles.²¹

2. It is more probable that such an Ordination, even performed without permission of the Holy See, is valid, although illicit: for Benedict XIV reports that some particular case was decided by Clement XI in this sense,²² yet he adds that the aforesaid question was not defined by this decision. - Hence, since the opinion which denies the validity of such an Ordination is still probable, St. Alphonsus teaches that the Ordination is to be repeated under condition.²³