Question — Merkelbach, Summa Theologiae Moralis
Question Five: On the Subject of Order
S. Th., Suppl., q. 39, aa. 1-2, and q. 36.
737. The capable subject of the sacrament of Order is only a baptized male (can. 968), and, if he is an adult, one having at least the habitual intention of receiving Order.
Therefore the following is incapable:
- A woman, as is clear both from the Apostle teaching (I Cor. XIV, 34-35; I Tim. II, 11-13; Eph. V, 22, 24) that it is not permitted to a woman to speak in church, nor to teach, nor to have dominion over the man, but that she ought to learn in silence with all subjection; and from the practice and tradition of the Church. The reason is that in a woman the signification of the sacrament is lacking, as St. Thomas says, q. 39, a. 1: "since in the female sex no eminence of grade can be signified, because the woman has a state of subjection, therefore she cannot receive the sacrament of Order." St. Bonaventure adds, in IV, d. 25, that the mediator, Christ, whose embassy priests discharge, is a man, not a woman.
- One not baptized, because Baptism is the gate and foundation of the other sacraments, since with the baptismal character a man becomes capable of validly receiving those other sacred things.
- An adult who lacks an intention at least habitual, i.e., once had and not retracted, of receiving Order, as is clear from the general principles of sacramental theology (nn. 92-93).
Hence: a) Infants and the perpetually insane are validly ordained, but illicitly; nor are they held thereby by any obligation, unless, after sufficient use of reason has been attained, they make an option for the order received and thus ratify the order, as Benedict XIV says, instr. Eo quamvis, May 4, 1745, § 23.
b) The intoxicated and the sleeping are validly ordained, if they previously had an intention not retracted.
c) Those are invalidly ordained who, coerced by physical force, are altogether resisting.
d) Likewise one is invalidly ordained who approaches fictitiously, or who permits the rite to be done upon himself in the manner of one joking and playing.
e) One who, coerced by grave fear, consents, is validly ordained; but afterward, once the fear has been removed, he can either ratify the ordination at least by the exercise of Order, thus wishing to subject himself to the obligations, or, after obtaining the sentence of a judge, be reduced to the lay state without any obligations (can. 214, § 1).
f) Episcopae, presbyterae, deaconesses, of whom there is mention in the history of the primitive Church, did not receive sacramental ordination, but sometimes a merely ceremonial one.
g) A hermaphrodite, if there is such, is validly ordained provided the masculine sex predominates in him.
738. The subject of licit ordination is he who has the required dispositions and conditions, namely, the state of grace and probity of life, immunity from censures, irregularities, and other impediments, the character of Confirmation, the intention of clericating, and the approbation of his proper Ordinary judging concerning the due endowments and qualities (can. 968).
- The state of grace is required; this obligation is grave at least for the orders which certainly have the dignity of a sacrament, as we said in nn. 96-97; moreover, "since... by order someone is constituted leader for others in divine things, one who with consciousness of mortal sin approaches orders sins mortally as being presumptuous" (q. 36, a. 1). For the others it is probably of itself light, although accidentally it is required under grave sin, by reason of the communion to be received in ordination.
- Probity of life (can. 973 and 974, 2), concerning which the Council of Trent, sess. 23, de ref., c. 12, says: "let bishops know... that only worthy men and those whose approved life is old age should be assumed to these orders"; indeed to the presbyterate those who are "conspicuous for piety and chaste morals" (c. 14); and St. Thomas: "Sacred orders pre-require sanctity; but the state of religion is an exercise for attaining sanctity," II-II, q. 189, a. 1, ad 3. This is easily understood from the eminence of sacred power and of the priesthood (cf. I Tim. III and Tit. I).
One who does not have a sufficiently approved honest life, or one habituated in a base vice, for example, of lust, and not yet sufficiently corrected, must be prohibited from sacred orders even under penalty of denied absolution; unless perhaps he gives undoubted signs of an extraordinary conversion by which he is wholly changed and altogether freed from frailty, which is very rare.1
1 Cf. St. Alphonsus, Th. M., l. VI, n. 53, and our little work De Variis Poenitentium Categoriis, c. 1, q. 4, VII.
- Immunity from irregularities, censures, and other impediments, which by their nature impede the exercise of order or have been established by the Church (can. 968).
- The character of Confirmation, as the Council of Trent requires, sess. 23, de ref., c. 4, and can. 974, 1; otherwise they are not judged sufficiently firm in faith, nor is it fitting that those be constituted leaders of others who have not yet been made soldiers of Christ. He who otherwise has received tonsure or orders cannot, as being badly promoted, ascend to other orders, nor retain the benefices for which he has been provided, without the dispensation of the Pontiff (S. C. C., Sept. 27, 1601).
- The intention of clericating, i.e., the purpose of remaining in the clerical state and serving God through the ministries of the order received; indeed, from can. 973, § 1, the purpose of ascending to the presbyterate and such a habit of life that it can prudently be expected that the one to be ordained will be a worthy priest. Nevertheless, one ordained, if he refuses to ascend, cannot be compelled, nor prohibited from the exercise of the order received, unless there is a grave cause or impediment (ibid., § 2).
- The judgment of the proper Ordinary concerning the due qualities, or concerning canonical suitability; this must rest upon positive arguments and be morally certain, and indeed under grave fault (can. 973, § 3).
739. The qualities and endowments required in one to be ordained are usually enumerated: divine vocation, legitimate age, due knowledge, congruous morals, and, for the major orders, a title of support.
- Divine vocation, as is intimated in Heb. V, 4 and John XV, 16. For the ordained man is mediator between men and God, by whom therefore he ought to be accepted; he is dispenser of the mysteries of God, whence he must be legitimately deputed by Him.
Its signs are suitability for the clerical state and priesthood from the gifts of grace and nature, right intention or a free, firm, and constant will of assuming and fulfilling the obligations of the state, and for the most part a supernatural inclination or impulse of grace, although by ordinary law this is not necessary. These signs constitute an internal vocation and in first act; in second act it is formally conferred and externally completed by the bishop calling in the name of God.2
2 Cf. Lahitton, La vocation sacerdotale; Hurtaud, La vocation au sacerdoce; Mulders, La vocation au sacerdoce.
For tonsure and minor orders no age is directly determined, but only indirectly insofar as other qualities are required, such as certain knowledge. For major orders can. 975 establishes: "Let the subdiaconate not be conferred before the completed twenty-first year; the diaconate before the completed twenty-second; the presbyterate before the completed twenty-fourth"; for the episcopate the completed thirtieth year is required from can. 331, 2. These are to be understood of a civil year and are to be understood strictly, so that he cannot be ordained without dispensation who lacks only a few hours.
Dispensation concerning age pertains to the Holy See; it dispenses very rarely for the subdiaconate, rarely for the diaconate, more often for the presbyterate even in the defect of one and a half years. It is accustomed to delegate to bishops the faculty of dispensing in the defect of one year, but only for receiving the priesthood.
- Due knowledge, as is clear from the Council of Trent, sess. 23, de ref., cc. 13-14, and from can. 974, 4, by which the one to be ordained should know "so much... as suffices for him to be directed in the act of that order..., more or less according as his office extends itself to more or fewer things; namely, that those who are set over others, receiving care of souls, should know those things which pertain to the doctrine of faith and morals, and that others should know those things which look to the execution of their order" (q. 36, a. 2).
From can. 976: "1. Let no one, whether secular or religious, be promoted to first tonsure before the theological course has been begun. 2. Let the subdiaconate not be conferred except as the third year of the theological course is ending; the diaconate except when the fourth year has been begun; the presbyterate except after the middle of the same fourth year. 3. The theological course must have been completed not privately, but in schools established for this according to the plan of studies determined in the law, can. 1365."
From can. 331, 5, a bishop must possess a doctorate or at least a licentiate in sacred theology or canon law from an athenaeum or institute of studies approved by the Holy See, or be truly skilled in the same disciplines; but if he belongs to some religion, he must have from his major superiors either a similar title or at least testimony of true expertise.
For this reason it is established in law: a) Let priests, especially pastors, take pains that boys who show indications of an ecclesiastical vocation be kept by particular cares from the contagions of the world, be formed to piety, be imbued with the first studies of letters, and that the germ of divine vocation in them be fostered (can. 1353).
b) Care is to be taken that those aspiring to sacred orders be received into the Seminary from tender years; but all are bound to remain there at least for the whole course of sacred theology, unless the Ordinary in particular cases, for a grave cause, his conscience being burdened, has dispensed (can. 972, § 1).
c) Those who aspire to orders and legitimately remain outside the Seminary are to be commended to a pious and suitable priest, who watches over them and forms them to piety (ibid., § 2).
- A title of support is a surety by which provision is made for the one to be ordained concerning honest and perpetual support (can. 979, § 2). It is required for major orders from the Council of Trent, sess. 23, de ref., c. 2, and from can. 974, 7, both lest clerics be forced to practice a base art or to beg, and that they may more freely devote themselves to spiritual things.
The title can be various.
A. For secular clerics:
- The title of a canonical benefice (can. 979, § 1), which, namely, has actually been obtained and peacefully possessed.
- If this is lacking, the title of patrimony or pension (ibid.), whose quantity and nature, so that it may be truly sufficient, must be defined by the statutes or norms of the Ordinary (ibid., § 2).
- If the customary titles are lacking, the title of service of the diocese can supply, or also of the mission for places subject to the S. C. de Prop. Fide, yet in such a way that the one to be ordained devotes himself by oath to perpetual service of the diocese or mission (can. 981, § 1): entrance into religion is not excluded by the oath in a diocese, but is excluded in missions, without permission of the Holy See.
B. For religious:
- The title of poverty, or of solemn religious profession, for regulars, who namely have emitted solemn vows (can. 982, § 1).
- For religious of perpetual simple vows, the title of common table or of the congregation or another title, according to the norm of the constitutions (can. 982, § 2).
Let it be noted: a) He who loses the title is not thereby suspended, but must provide another for himself, unless, in the judgment of the bishop, provision has otherwise been made for his congruous support (can. 980, § 1).
b) The bishop who knowingly ordains or permits to be ordained a subject without a canonical title, himself and his successor must furnish necessary sustenance to the same needy man, until provision has otherwise been made for congruous support (ibid., § 2).
c) But if a bishop ordained someone without title with the agreement that the ordained man would not ask sustenance from him, this agreement would lack all force (ibid., § 3).
d) An insufficient title of benefice can be supplied by patrimony and conversely, as the S. C. C. resolved, as Benedict XIV has it, Quaest. can. 46.
e) The resignation of a benefice, by whose title the cleric was ordained, is void unless express mention is made that the cleric had been promoted by its title, and that, with the consent of the Ordinary, he substituted another title for it (can. 1485).
f) Religious with temporary vows, as regards the title of ordination, are ruled by the law of seculars (can. 982, § 3).
g) Religious who depart must seek another title for themselves, and meanwhile, until they have found a benevolent receiving bishop, or the Apostolic See has otherwise provided, they cannot exercise sacred orders outside religion (can. 641).
740. Special dispositions of canon law concerning the manner of proceeding to ordinations.
A. As to the examination to be instituted concerning the qualities and endowments, or concerning the suitability of the one to be ordained, according to the mind of can. 973:
a) as to good morals, he must bring the testimony of his superior or of the priest to whom he has been commended (can. 993).
b) as to due knowledge, anyone to be promoted, whether secular or religious, must undergo a prior and diligent examination concerning the very order to be received; those to be promoted to sacred orders should also be tested in other treatises of sacred theology, according to the manner and matter to be determined by the bishop who ordains by his own right or gives dimissorial letters; nevertheless he can commit this to another bishop who is to ordain, if the latter is willing to take up that burden (can. 996-997).
But the other bishop ordaining, although he can, nevertheless is not bound to acquiesce in dimissorial letters by which it is asserted that the candidate has been examined and found suitable; but if according to his conscience he judges that the candidate is not suitable, let him not promote him (can. 997, § 2).
B. As to the publications to be made for investigating the morals of the one to be ordained and impediments to orders, can. 998 has force:
"§ 1. The names of those to be promoted to each sacred order, except religious from perpetual vows whether solemn or simple, are to be publicly announced in the parish church of each candidate; but the Ordinary, according to his prudence, can both dispense from this publication for a just cause, and prescribe that it also be carried out in other churches, and substitute for the publication a public posting at the doors of the church for some days, among which at least one feast day is included.
"§ 2. The publication is to be made on a feast day of precept in church during the solemnities of Masses, or on another day and hour at which a greater attendance of the people is had in church.
"§ 3. If within six months the candidate has not been promoted, the publication is to be repeated, unless it seems otherwise to the Ordinary."
Let it be noted: a) "All the faithful are held by the obligation of revealing to the Ordinary or pastor before sacred ordination impediments to sacred orders, if they know any" (can. 999).
b) "The Ordinary is to commit to the pastor who carries out the publication, and also to others, if this seems expedient, that he diligently inquire from trustworthy persons concerning the morals and life of those to be ordained, and transmit to the Curia testimonial letters reporting the investigation itself and the publication." And "the Ordinary should not omit to make other investigations, even private ones, if he has judged this necessary or opportune" (can. 1000).
"Orders are to be conferred by degrees, so that ordination by a leap is altogether prohibited," concerning which see n. 732, 2.
"§ 1. In ordinations the interstices of times are to be observed, in which those promoted exercise themselves in the orders received, according to the prescription of the bishop." Nevertheless this exercise is not a rigorously binding precept.
"§ 2. The interstices between first tonsure and ostiary-ship, or between the individual minor orders, are committed to the prudent judgment of the bishop; but let an acolyte not be promoted to the subdiaconate, a subdeacon to the diaconate, a deacon to the presbyterate, before the acolyte has spent at least one year, and the subdeacon and deacon at least three months each, in his own order, unless the necessity or utility of the Church, in the judgment of the bishop, demands otherwise."
"§ 3. Never, however, except by peculiar permission of the Roman Pontiff, let minor orders be conferred with the subdiaconate, or two sacred orders on one and the same day, any contrary custom being reprobated; - indeed neither is it licit to confer first tonsure together with any one of the minor orders, nor all minor orders together," although a contrary custom is not reprobated.
"§ 1. Those who are to be promoted to first tonsure and minor orders are to devote themselves to spiritual exercises for at least three whole days; but those to be promoted to sacred orders, at least for six whole days; but if any are to be promoted to several major orders within a semester, the Ordinary can reduce the time for ordination to the diaconate, but not beyond three whole days."
"§ 2. If, after the exercises have been completed, sacred ordination is deferred for any reason beyond a semester, the exercises are to be repeated; otherwise let the Ordinary judge whether they are to be repeated or not."
"§ 3. Religious are to carry out these spiritual exercises in their own house or in another according to the prudent judgment of the superior; but seculars in the Seminary, or in another pious or religious house designated by the bishop."
F. As to the testimonies to be brought to the bishop:
I. Seculars to be promoted, or religious who, as regards ordination, are ruled by the law of seculars, are to bring:
- Testimony of the last ordination, or, if it is a question of first tonsure, of received Baptism and Confirmation.
- Testimony of the rector of the Seminary, or of the priest to whom the candidate was commended outside the Seminary, concerning the good morals of the same candidate.
- Testimonial letters of the Ordinary of the place in which the one to be promoted has stayed for so much time that he could have contracted a canonical impediment there (i.e., from can. 994, three months for soldiers, for others six months after puberty, which can be understood as morally continuous stay).
- Testimonial letters of the religious major superior, if the one to be promoted has been enrolled in some religion (can. 993).
- Moreover, according to can. 1001, § 4, testimony concerning the completed spiritual exercises from the superior of the house in which they were carried out; or from the major superior, if it is a question of religious.
II. Religious who are ruled by their own law, namely, professed with perpetual vows, must bring dimissorial letters of the religious superior, by which he must testify not only that the one to be promoted has emitted religious profession and is of the family of the religious house subject to him, but also concerning completed studies and concerning the other things required by law, as has just been said; after these letters have been received, the bishop does not need other testimonial letters (can. 995).
Let it be noted from can. 994: a) The bishop ordaining, according to his prudence, can require testimonial letters even because of a shorter time of residence, and because of time which preceded puberty.
b) If the Ordinary does not know the one to be promoted sufficiently to be able to testify that he has contracted no impediment in his territory, or if the one to be promoted has wandered through so many dioceses that it becomes impossible or too difficult to seek all testimonial letters, let the Ordinary provide at least through a supplementary oath to be furnished by the one to be promoted.
c) If, after the letters have been obtained and before ordination, the one to be promoted again has stayed in the same territory for the aforesaid space of time (three or six months), new testimonial letters of the Ordinary of the place are necessary.
G. Special instructions were most recently given by the S. C. of the Sacraments and by the S. Congregation of Religious.
I. For clerics. In order that, with greater prudence and certainty, those who seem truly called, tend to orders with full liberty, and are worthy, may be selected, while the others are left aside, the S. C. of the Sacraments, Dec. 27, 1930, gave an instruction concerning the scrutiny of those to be ordained to be instituted. It hands down general norms concerning inquiries, all of which nevertheless are not to be made in individual cases, provided those things concerning morals have been investigated which are required so that one may proceed safely to order.
- Before first tonsure and minor orders a scrutiny must be made:
a) The candidate, at least two months before, must hand to the moderator of the seminary an autograph and signed petition, by which he signifies that he freely and of spontaneous will requests first tonsure and minor orders.
b) The declaration of the candidate, with attestation concerning Baptism and Confirmation received, is to be transmitted by the moderator of the seminary, together with his own personal information concerning the suitability of the candidate, to the bishop; the bishop remits it to the said moderator or to another, with the mandate of inquiring.
c) He is to inquire most diligently from the prefects, from the teachers, both separately and gathered together, or also from the deputies for the discipline of the seminary if they are informed about the person, concerning the qualities and morals of the candidate, and he is to remit to the bishop the information collected together with his own judgment.
d) The bishop also will command the pastor of the students to inquire concerning the morals of the candidate, concerning the reputation of the parents and the condition of the family property, concerning an abnormal inclination which perhaps the candidate has drawn from his parents, and especially whether the parents are impelling him to the priesthood or fear loss in case ordination is postponed. But if this is prudently suspected, let the bishop admonish them concerning the excommunication of can. 2352.
If the pastor were related to the one to be promoted, another priest is to be substituted.
e) The bishop himself, having heard separately the moderator and his vicegerent, should seek what they think concerning the candidate after the information has been received and examined; and he should also question other persons, especially if any doubt remains.
f) The bishop, by himself or through an ecclesiastical person constituted in dignity, should paternally and more intimately question the candidate, exhort him to confidence, and help him with counsel.
- Before major orders, the inquiries made before and carefully preserved will again have to be inspected, and new investigations concerning morals are to be made before the subdiaconate, the method already explained being preserved.
But if no canonical reason suggests that the student should be excluded, he must write by his own hand a declaration, confirmed by oath, in which he confesses that he approaches the sacred order with all manner of liberty, and that he has duly considered all the burdens annexed. This declaration is likewise to be drawn up before the diaconate and presbyterate.
Whenever the bishop, before he promotes him to the diaconate or to the presbyterate, has ascertained that the candidate is lacking vocation, he must approach the Holy See and report to it the state of affairs candidly and plainly.
The acts prepared in the investigations are to be kept under secrecy in the archive of the curia.
II. For religious, the S. C. of Religious likewise issued a special instruction, Dec. 1, 1931, in which these things especially are to be noted. Since the right of giving dimissorial or testimonial letters belongs to superiors, they have obligations similar to those of bishops of testing candidates.
- Before profession of temporary vows, which must precede ordinations:
a) Novices are to bring a written petition to the superior, in which they expressly testify to their vocation to the religious and clerical state, and at the same time they pledge a firm purpose of perpetually enrolling themselves in clerical service, in the regular state.
b) Let superiors not allow anyone to ascend to orders as long as it has not been established for them by accurate scrutiny concerning his morals, piety, modesty, chastity, inclination to the clerical state, progress in ecclesiastical studies, and also religious discipline. To this end they should seek testimonies of the master of spirit and of others to whom, because of special frequency with the students, it has happened to know their life and morals; these testimonies are to be carefully weighed.
c) The superior himself, by himself or through another endowed with knowledge and prudence and suitable for winning the confidence of young men, should question them so that he may be made more certain that they freely and knowingly seek orders in the religious state.
- Before profession, whether solemn or perpetual, which must precede the reception of major orders; or, where there are no perpetual vows, after the completion of three years of vows, or, if there are no vows, after the completion of three years from the first reception into the society after the novitiate:
a) A new inquiry is to be made, comparing the documents of the prior inquiry with the present state. But if they have been found worthy and suitable, superiors can concede dimissorial letters, observing those things which are established in canon law and in the proper constitutions.
b) Moreover they must require a testimony signed by the candidate's own hand and confirmed by the faith of an oath before the superior, in which the candidate 1) affirms that he wishes freely to embrace sacred order with the annexed burdens; 2) confesses that these are known to him and proposes to keep the same throughout the whole course of life; 3) testifies that he clearly sees those things which are prescribed by the vow of chastity and the law of celibacy, and firmly determines, with God's help, to observe them integrally to the end of life; 4) finally promises with sincere faith that he will continually obey most submissively all those things which are prescribed to him by his prelates according to the discipline of the Church.
c) Concerning all these things, in the dimissorial and testimonial letters, superiors must testify to the ordaining bishop; nevertheless it is free to him to question the students to be ordained even privately.
Before the diaconate and presbyterate such ample information and new testimonies are not necessary. But if in the interval new things have occurred which show a doubtful or no vocation, after a most diligent prior scrutiny has been completed and the counsel of prudent men has been added, let superiors wholly forbid the reception of the new order, and refer the matter to the S. C. of Religious, which will provide according to opportunity.
The aforesaid acts are to be preserved in the archive.
741. Observations. - 1. All to be promoted to the subdiaconate are held to emit the profession of faith from the prescription of can. 1406, § 1, 7; and it belongs to the Ordinary by right to require it again before the conferral of individual orders, if he judges this necessary or useful (S. Off., March 22, 1918).
- All promoted to major orders are held by the obligation of receiving holy communion in the Mass itself of ordination (can. 1005); this obligation for new priests is certainly grave, for completing the Sacrifice of the Mass.
- By that very fact the following incur suspension for a year from the conferral of orders, reserved to the Apostolic See: those who, without due testimonial letters, have ordained their own subject who had stayed elsewhere for so much time that he could have contracted a canonical impediment there, contrary to the prescription of can. 993-994; or those who have promoted someone to major orders without a canonical title, contrary to the prescription of can. 974 (can. 2373).
- He who without letters, or with false dimissorial letters, or before canonical age, or by a leap, has maliciously approached orders, is by that very fact suspended from the order received; but he who has approached without testimonial letters, or while detained by some censure, irregularity, or other impediment, is to be punished with grave penalties according to the circumstances of things (can. 2374).
- At the end of ordination the bishop is accustomed to impose certain burdens, using the words of the Pontifical: "Let those individually promoted to first tonsure or to the four minor Orders say once the seven penitential psalms with the Litanies, versicles, and prayers; those promoted to the subdiaconate or diaconate, the nocturn of such a day. But those truly ordained to the presbyterate, after your first Mass, say three other Masses, namely, one of the Holy Spirit, another of Blessed Mary ever Virgin, and a third for the faithful departed, and pray also for me to almighty God."
Now:
a) The grave obligation is not established; indeed there are authors who hold that not even a light obligation is proved, because the bishop does not intend to impose a true precept.
b) Nocturn is understood either as the nocturn of the feria, or the first nocturn of the feast or Sunday, according as the ordination was held on a feria, feast, or Sunday (S. C. R., June 27, 1899); moreover, a nocturn consists of the psalms with antiphons, without lessons, invitatory, and hymn (July 19, 1903). But nothing prevents the bishop from enjoining another nocturn or that of another day.
c) The three Masses are understood as votive, unless there occurs a feast of B. M. V. or a day on which a Mass of the Holy Spirit is to be said: then by that celebration satisfaction is made for the burden. The Masses are to be celebrated as soon as non-impeded days arrive.
d) Nothing prohibits a stipend from being received for the promised Masses, although this can seem less fitting.
- When ordination has been completed:
a) The names of each of the ordained and of the ordaining minister, the place and day of ordination, are to be noted in a special book to be diligently kept in the curia of the place of ordination, and all documents of the individual ordinations are to be accurately preserved (can. 1010, § 1).
b) To each of the ordained an authentic document of the ordination received is to be given; if they have been promoted by an outside bishop with dimissorial letters, let them exhibit it to their proper Ordinary for the notation of the ordination in a special book to be preserved in the archive (can. 1010, § 2).
c) Moreover the Ordinary of the place, if it is a question of those ordained from the secular clergy, or the major Superior, if of religious ordained with his dimissorial letters, is to transmit notice of the celebrated ordination of each subdeacon to the pastor of baptism, who is to note it in his book of the baptized according to the norm of can. 470, § 2 (can. 1011).