Article II: On The Requisites In The Minister That He Ordain Licitly

1907. The minister, in order that he ordain LICITLY, ought to have ordinary or delegated jurisdiction over the Ordinand.²⁴ "Each one," says Trent (sess. 23, cap. 8, de ref.), "is to be ordained by his own Bishop." - Now then,

I. A Bishop can have ORDINARY jurisdiction over the Ordinand by a FOURFOLD TITLE: namely, by title of origin, domicile, benefice, and triennial familiarity. It is established from the Bull Speculatores of Innocent XII, issued in the year 1694;²⁵ by which the following things also were established:

1. That someone be licitly ordained by reason of ORIGIN, it is required that he was naturally born from the diocese of the one ordaining. Nor indeed does it suffice if by a chance case he was born there, for example on the occasion of the parents' commerce, legation, office, journey, business, or other temporal stay, even if long-lasting. For then the chance birth is not attended to, but the place of the domicile of the father; in which also the son is censured by law to have been born, and from which he is called native.²⁶ - But if the Ordinand is an illegitimate son, the domicile of the mother is attended to;²⁷ if he is an exposed son, the place in which he was exposed;²⁸ if a baptized infidel, the place in which he was baptized. Thus from the Constitution Cupientes of Paul III, § 3.²⁹

2. That someone be licitly ordained by reason of DOMICILE, there is strictly required either ten years' habitation, or the transfer of the greater part of goods into that place, and besides a notable, although only successive, residence in the same place; and in either case there ought to be added an oath concerning the intention of remaining there perpetually³⁰ (cf. n. 203). - Hence, adolescents who complete the curriculum of studies in the seminary of another diocese, since they do not have the intention of remaining there perpetually, are to be ordained by their own Bishop, but with testimonials of the Bishop of the place in which they have devoted themselves to studies.³¹ Thus the S. C. C. on July 11, 1840.³² Moreover, as regards the right of ordination, it is free to a son under paternal power, although he is not his own master, provided he is adult, to establish his domicile wherever he shall have wished.³³ If someone has two domiciles, he can be ordained by the Bishop of either domicile.³⁴ - But quasi-domicile never suffices.

3. That someone (already tonsured) be ordained licitly by reason of BENEFICE, there is required: 1) that he be in peaceful possession of some ecclesiastical Benefice, whether this Benefice is residential or not, although the whole consists in distributions, indeed although it is removable on the part of the one provided. A perpetual coadjutorship suffices (that is, with future succession), provided the coadjutor has the right of receiving from it a congruous prebend: likewise, a perpetual commendam, namely one which gives full administration of an ecclesiastical Benefice.³⁵ - But the title of Masses does not suffice, nor a pension, although perpetual and ecclesiastical, nor a lay chaplaincy; because they are not true Benefices. There is required 2) that the Benefice, burdens being deducted, by itself (i.e., without addition of patrimony), suffice, according to the synodal tax or the custom of the region, for congruous sustenance of life. Yet it is left to the judgment and conscience of the Bishop to establish whether the burdens of Masses are to be deducted or not; as is established from the Response of the S. C. of the Council, on July 17, 1723.³⁶

But if someone has several Benefices in diverse dioceses, he can be ordained by any Bishop of those dioceses, provided the conditions stated above are present. Thus commonly.³⁷ (See other things at n. 1922.)

4. That someone be ordained licitly by reason of FAMILIARITY, there is required: 1) that the Bishop has retained him in his actual service, through a morally whole triennium, and has fed him at his own expense; although the triennium was begun before his promotion to the Episcopate. - 2) That the Bishop actually confer on him an ecclesiastical Benefice sufficient for sustenance, any fraud ceasing, at least within the term of one month from the day of the Ordination made.

But by the name of familiars of a Bishop are understood all who serve the Bishop (not now titular, but residing in his own See) and live at his expense, even if they do not dwell in his buildings; provided they live in the place where the Bishop is, or nearby. - Indeed, by the name of familiars are understood the very servants of the servants, provided fraud is absent: which would be present if the Bishop permitted his familiars to have other servants under themselves, so that he could ordain them; and provided all are fed at his expense: for then all, in reality, are reputed as servants of the Bishop.³⁸

1908. II. A foreign Bishop obtains DELEGATED jurisdiction from DIMISSORIAL LETTERS legitimately granted. Dimissorial letters differ from testimonial letters in this, that in the latter there is given only an attestation concerning the birth, age, morals, and doctrine of the Ordinand, who is exhibited as worthy, to whom Orders may be conferred; but through the former there is given, together with the aforesaid attestation, consent and permission, so that the subject can be ordained by a foreign Bishop (cf. n. 1363).

Now, dimissorial letters are LEGITIMATELY granted: 1) by the Supreme Pontiff for the whole Church; 2) by a Legate a latere or an apostolic Nuncio, for his province; 3) by the proper Bishop of the Ordinands, although not yet consecrated, or absent from the diocese; 4) by the Vicar general, provided he has a special mandate, or the Bishop is so far distant from his own diocese that he could not be approached except after the journey of one day;¹ 5) by the capitular Vicar, or Chapter, after one year of vacancy for all subjects; but within the year for laymen alone to be initiated with first tonsure,² or for clerics alone who are said to be constrained (arctati), namely to receive Orders, on account of a Benefice requiring personal service (cf. n. 1369); 6) by a regular Prelate, i.e., the General or Provincial; or if a monastery is not subject to these, by the local Prelate, for his respective subjects.

1909. But concerning these things we NOTE: 1. Regularly, the Bishop is bound to ordain his subjects by himself. But if a just cause brings an impediment to him, let him dismiss them to another Bishop to be ordained only after they have been approved and examined, as was decreed in Trent (sess. 23, cap. 3, de ref.).

2. Permission granted to someone, that he be ordained by a foreign Bishop, does not expire by the death or removal of the one granting it, unless it is revoked by the successor.³

3. With dimissorials there is not understood to be granted to the foreign Bishop the faculty of dispensing the Ordinand over irregularity, or other canonical impediments. But on one dismissed for the Subdiaconate, minor Orders can be conferred, and also Confirmation itself, because the lesser is included in the greater.⁴

4. From the declaration of the S. C. of the Council, January 16, 1595, it is in the discretion of the Bishop to examine those dismissed to him, although they had already been examined; which nevertheless it is not fitting to do without cause. - But to a foreign Bishop, who is summoned to fulfill the place of the Diocesan, it is not licit to subject the Ordinands to examination. He will nevertheless be able to abstain from Ordination, if a just cause occurs to him. Thus from the decision of the S. C. C., August 22, 1721.⁵

1910. IT IS ASKED. By whom are REGULARS to be ordained?

Resp. A special privilege being set aside, after Trent, granted by name, Regulars are to be ordained by the Bishop of the place where they dwell as of the family.⁶

Wherefore it must be NOTED: 1. By the name of Regulars also Novices come, provided they have already passed a notable time in the novitiate, and promise with an oath that they will remain perpetually in the monastery, as far as lies in them. But they can also be ordained by the Bishop of origin.⁷

2. If the diocesan Bishop is absent, or is not about to have Ordinations at the next legitimate time, or even if the See is vacant, it is lawful for regular Prelates to send subjects to any Bishop whatever.⁸

3. Regular Prelates must always give dimissorials to their subjects not only to a foreign Bishop, but also to the proper Bishop. If they are given to a foreign Bishop, there must be inserted in them the authentic testimony of the Vicar or Secretary of the proper Bishop, concerning the cause on account of which he does not ordain.⁹ But Regulars do not need this testimony, to whom the faculty has been granted of receiving Orders from any Catholic Bishop whatever¹⁰ (see other things n. 1925, at the end).

Note. The other things required in the Minister, which regard the mode of Ordination, see nn. 1901 and 1902.