Question Two. Concerning the Matter and Form of Order.

454. Concerning the Matter and Form of Minor Orders. 1. Minor orders are conferred by the delivery of instruments alone. Hence, for minor orders to be conferred validly, the bishop must hand over the instruments to the ordinand, and the ordinand must receive and touch them. Therefore the remote matter is the instruments proper to the individual orders; the proximate matter is their delivery.

2. It must be noted that there is a great difference between orders which are sacraments and those which are not sacraments. For these latter are of ecclesiastical institution, and therefore it belongs to the supreme pontiff to determine the form and mode by which these orders ought to be conferred. Therefore he can change the rite if he wishes, and can supply and heal by his will defects, if any have occurred in ordination. For this reason it is not necessary that the safer things be chosen in the ordination itself, but it is enough that we follow probable things; for if in reality some defect occurs, the Church supplies it, so that the ordination is certainly valid. But in the conferral of those orders which are sacraments, we must altogether follow the safer things; for a defect which renders an order of this kind invalid cannot be supplied by the Church or healed after the fact.

3. Although the minor orders, and probably also the subdiaconate, are not sacraments, nevertheless they too have their own matter and form, on the right use of which their valid conferral depends. Their matter and form certainly consist in those things and words which are prescribed by the supreme pontiff in the Pontifical for the conferral of those orders; for since it belongs to the supreme pontiff to determine them, and since it is certain that he determined matter and form for the individual orders, which are prescribed in the Pontifical, there can be no doubt about this matter.¹

¹ Cf. Lehmkuhl II, 586 (n. 733), whose observations are altogether worthy to be read attentively.

455. Matter and Form of Minor Orders in Species. 1. In the ostiariate the proximate matter is the delivery of the keys of the church, which each one must touch with the right hand while the pontiff says: So act, etc.

Although by the prescription of the Pontifical at least two keys are to be handed over, nevertheless for value one suffices, whatever it may be, whether of a church or oratory or of a profane house, whether metal or wooden.¹

2. In the lectorate the proximate matter is the delivery of the book of lessons, which each one touches with the right hand while the pontiff says: Receive and be, etc.

The book to be handed over can be a missal, breviary, or volume of holy Scripture;² if a ritual is handed over, the ordination does not seem invalid.³

3. In the exorcistate the proximate matter is the delivery of the book of exorcisms, the ritual, which each one touches with the right hand while the pontiff says: Receive and commit to memory, etc. In place of the book of exorcisms the Pontifical or the missal can be used.

4. In the acolyte the proximate matter is: a. the delivery of the candlestick with an extinguished candle, which matter each one touches with the right hand while the pontiff says: Receive the candle-bearer, etc.; b. the delivery of the empty cruet, which each one touches in the same way while the pontiff says: Receive the cruet, etc. To the words of the bishop they respond: Amen.

From custom the candlestick and candle ought to be touched, and immediately the cruet itself. Nevertheless the ordination would not be invalid if either the candle alone or only the candlestick were touched, and thus the candle mediately, and the cruet only mediately through the basin.

¹ S. C. R., May 11, 1820; S. C. de prop. fide, September 27, 1843.

² S. C. R., September 27, 1783.

³ Lehmkuhl, Casus consc. II, n. 686.

456. Concerning the Matter and Form of Major Orders. 1. What the matter and form of the individual orders are cannot be determined certainly. But the controversy which is conducted by dogmatic theologians on this matter is of lesser importance for practice, since we must intend that orders be conferred and received certainly validly. Therefore in conferring and receiving these orders it is necessary everywhere to follow the more probable and safer things, both lest the sacrament be exposed to danger of nullity and so that the precept of the Church be observed, which prescribes that all these rites be used under grave obligation.

2. The subdiaconate is conferred by the delivery of instruments alone, and the episcopate by the imposition of hands alone. In the diaconate and presbyterate both occur: the delivery of instruments and the imposition of hands. Whether each matter is required for the essence of the sacrament is disputed. That the imposition of hands alone is the essential matter is urged by these reasons: a. because the episcopate is conferred by it alone; b. because the Greek Church in these orders uses only the imposition of hands; c. because the Roman Church itself used this alone for several centuries. Nevertheless, in order that ordination be certainly valid, both must be used.

The reason why the delivery of instruments is nevertheless considered as an essential rite is that some judge that Christ the Lord did not determine matter and form specifically in the sacrament of order, but left them to be determined by the Church, and that the Church determined this matter and form as essential.

3. The form of the subdiaconate is certainly the words which are uttered by the bishop in the delivery of the instruments, and the form of the episcopate the words which are uttered in the imposition of hands. But in the diaconate and presbyterate they are the words which are uttered in the imposition of hands, and, if the instruments belong to essential matter, also the words which are recited in their delivery.

457. Matter and Form of Major Orders in Species. 1. The proximate matter of the subdiaconate is twofold: a. the delivery of the empty chalice with the empty paten placed upon it, which each one touches with the right hand while the pontiff says: See, etc.; b. the delivery of the book of epistles, the missal or Bible, which each one touches in the same way while the pontiff says: Receive the book, etc.

2. The proximate matter of the diaconate is twofold: a. the imposition of the right hand of the bishop on the head of each ordinand with this form: Receive the Holy Spirit, etc.; b. the delivery of the book of Gospels, the missal or Bible, which each one touches with the right hand while the pontiff says: Receive the power, etc.

3. The proximate matter of the presbyterate is twofold: a. the imposition of the hand of the bishop reciting as form the prayer: Hear us, with the preface which immediately follows; b. the delivery of the chalice with wine and water and of the paten placed upon it with a host, while the pontiff says: Receive the power of offering, etc.

Three impositions of hands occur in the ordination of a priest: a. the first is that by which the bishop extends both hands over the head of each ordinand, saying nothing; b. the second is that by which the bishop, together with the priests, holds the right hand extended over the ordinands, saying: Let us pray, dearly beloved brethren, etc., Hear us, etc., with the preface: Holy Lord, etc.; c. the third is that by which after communion he imposes both hands on the head of each, saying: Receive the Holy Spirit, etc. Whether only one of these impositions, or two and which ones, or all are necessary for the essence of the sacrament, they dispute. Nevertheless this last does not seem to be required for the essence of the sacrament, as appears both from the fact that it is performed after the new priests have already consecrated with the bishop, and from the fact that in antiquity this imposition was not made, but afterward seems to have been added so that by a visible sign it might be shown that the power of remitting and retaining sins is contained in the sacerdotal power conferred on those ordained.¹

4. The proximate matter of the episcopate is the imposition of the hands of the consecrator, and the form seems to be the prayer which accompanies this imposition. Although other things, such as the imposition of the book of Gospels upon the neck and shoulders of the one to be consecrated and the words: Receive the Holy Spirit, do not seem essential, nevertheless in practice they must be observed as if they were essential.

a. If in the chalice which in ordination to the presbyterate is handed over to be touched there is no wine, or the wine which is contained there is invalid matter, the ordination is doubtful and therefore must be repeated conditionally. The same must be said if either no host or an invalid host is placed upon the paten to be touched by the ordinand. But if the bread and wine are only illicit matter, the ordination is certainly valid.²

b. In the ordination of a subdeacon and priest, it is required not for the value but only for the liceity of ordination that the instruments, namely the chalice and paten, be consecrated. St. Alphonsus judges (n. 747) that in practice the opinion which requires consecrated vessels is to be followed. Nevertheless, theoretically the opposite doctrine seems true, because by no law are consecrated instruments required for valid ordination, and for the symbolic representation which the Church intends in handing over the instruments, even non-consecrated instruments suffice.³

¹ Cf. Gasparri II, n. 1069 and n. 1074.

² The Holy Office, July 6, 1898 and January 17, 1900, decreed that ordination was to be repeated conditionally because in the ordination the host upon the paten was lacking; and on January 11, 1899 it decreed the same because a chalice without wine had been handed to the priests being ordained.

³ Ballerini-Palmieri V, n. 905.

458. Concerning Supplying Defects Committed in Ordination. A defect can be committed in ordination because something which pertains to the rite of ordination is either entirely omitted or badly administered.

1. If a defect has certainly been committed, and indeed concerning a rite certainly essential, e.g., concerning the matter or form, the whole ordination is to be repeated absolutely.

2. If a defect has only probably been committed, or if it has been committed concerning a rite only probably essential, e.g., concerning the delivery or touch of instruments, the whole ordination is to be repeated conditionally. But if that defect is detected during the ordination itself, e.g., before the canon, it suffices that only the omitted rite or the rite previously performed be supplied in the same ordination.

Unless there is a positive doubt concerning a defect committed, the ordained man ought to acquiesce and continue the celebration. Therefore Busenbaum wisely warns: "even if someone fears that he has been invalidly ordained, or does not remember that he touched the sacred vessels, or imagines that he did not touch them, the order is not immediately to be repeated, since mere forgetfulness or fear does not suffice for a prudent and reasonable doubt or probability."¹ And this is the reason why the holy see responded to the scruple of Fr. Ephrem, namely that he had not touched physically the chalice in his ordination to the presbyterate, that he "could continue celebration."²

3. If the defect has been committed in a rite which supposes that the essential power has already been conferred, such as the third imposition of hands, by which according to some the power over the mystical body of Christ is conferred, supposing the power over the real body of Christ, this part alone must be supplied.

4. If the defect committed is certainly accidental, but grave, it must be supplied as soon as possible; but if the defect committed is light, nothing must be supplied.

a. The matter is judged grave: alpha. the anointing of hands, and indeed according to the opinion of all; according to the opinion of some, beta. also the delivery of vestments.

b. For the anointing of hands, by the prescription of the Roman Pontifical, oil of catechumens must be used. But if by error sacred chrism is used, the anointing is not to be repeated; rather, the priest without repetition of the anointing can be secure in conscience and without anxiety of soul.³

c. A light matter, which therefore even if omitted must not be supplied, is: alpha. the imposition of hands which is made by the priests; beta. the recitation of the canon with the bishop.

¹ Cf. St. Alphonsus, n. 757.

² S. C. R., December 3, 1661, n. 1221.

³ Holy Office, July 22, 1874.

459. Concerning the Imposition of Hands. 1. The imposition of the hand upon the head of the ordinand must be made by physical or bodily touch, but mediate touch suffices, as if the head of the ordinand is covered by a little cap.¹

If the hand of the bishop did not physically touch the head of the ordinand, and the defect is detected during the ordination itself, but before the third imposition of the hand, the imposition with physical touch must be supplied, which can be done in the ordination itself. But if the defect is detected only after the third imposition or after the ordination, the whole ordination is to be repeated conditionally.² If in the ordination of the diaconate physical touch was not present, its repetition would have to be made even after the presbyterate had been received.

2. Ordination is to be repeated conditionally if the first imposition of hands was omitted by the bishop;³ likewise if the second was omitted, even if the first was made and all the prayers were duly uttered.⁴ But the ordination is valid if the bishop had the hand extended at least immediately before⁵ or immediately after⁶ the prayer: Let us pray, brethren, or extended the hand during the same prayer.

If in ordination the imposition of hands at the prayer: Let us pray, brethren, was omitted, the ordination is valid, provided the repetition of the form and the imposition of hands were made before the delivery of the instruments.⁷

3. If, after the first imposition of hands has been made, the right hand is not extended by the bishop or by the priests while other priests impose hands, the ordination is valid and nothing must be supplied, provided the extension of the right hand was made while the bishop pronounced the prayer: Let us pray, brethren.⁸

According to the Roman usage, which the Sacred Congregation of Rites decreed must be observed, the extension of the right hand is to be made as soon as the individual priests have performed the first imposition, not by all at once when all have completed the first imposition. And this extension of hands ceases when the prayer: Let us pray, brethren, ceases.⁹

4. The ordination is valid even if the assisting priests omit the second imposition of the hand while the prayer or exhortation Let us pray, brethren, is read.¹⁰

5. If the bishop erred in pronouncing the words which accompany the third imposition of hands, e.g., by saying: Receive the Holy Spirit; whose sins thou shalt forgive, they are retained, and whose thou shalt retain, they are forgiven, the same imposition with its form must be supplied secretly, either by the same bishop or by another.¹¹

¹ Holy Office, June 22, 1892.

² Holy Office, August 19, 1851; July 4, 1900.

³ Holy Office, July 4, 1900.

⁴ Sacred Penitentiary, March 31, 1888.

⁵ Holy Office, November 30, 1898.

⁶ Holy Office, December 14, 1898.

⁷ Holy Office, March 3, 1899.

⁸ Holy Office, September 12, 1877; March 17, 1897; Sacred Penitentiary, March 31, 1888. The Holy Office, July 6, 1898, decreed that ordination was to be repeated in which the ordaining bishop, while he recited the prayer Let us pray, brethren, had his hands joined at first before his breast and then separated, but did not extend the right hand over the ordinands.

⁹ S. C. R., August 31, 1872, n. 3274.

¹⁰ Holy Office, July 6, 1898.

¹¹ Holy Office, December 9, 1897.

460. Concerning the Touch of Instruments. 1. In order that the ordination be certainly valid, each must be touched, both the chalice with wine and water and the paten with the host; but it suffices that they be touched only mediately.

For just as the bishop must hand over each matter, so the ordinand must accept each, which the concept of delivery requires. Moreover just as in offering the sacrifice of the Mass each matter must be consecrated, so in ordination each must be touched. S. C. C., May 28, 1796, decreed that an ordination was to be repeated entirely in which the ordained man had touched the paten, but not the chalice. Yet recently two decrees of the Holy Office have been issued: one, May 8, 1895, by which the ordination of a priest who doubted whether he had touched the chalice is declared valid; the other, March 17, 1897, by which the ordination of a priest who had touched the host with the paten, but not the chalice, although he tried to touch this with his finger, is declared valid. From these declarations Lehmkuhl thinks it certain that the touch of each instrument is no longer necessary for valid ordination;¹ but Gennari judges that through these decrees the state of the question is not changed, yet that the ordination is at least doubtful.² And rightly indeed, because the sacred congregation by these decrees does not determine what is necessary by law, but only says that in a case of doubt one must acquiesce.

2. He who touches the host, but not the paten, is validly ordained; for through the host he mediately touches also the paten. And he who touches the chalice and paten, but not the host, is likewise validly ordained, because the touch of the host is not required, as is clear from the Roman Pontifical.³

3. Moral unity or simultaneity between the touch of the instruments and the pronunciation of the form suffices. Therefore both he is judged validly ordained who first touched the chalice and then, when the bishop uttered the form, only the paten with the host;⁴ and he who first touched the instruments but could not touch them when the form was being uttered.⁵

4. The touch of instruments probably must be physical, but it suffices that it be done with one hand or by some intervening veil or glove; for he who thus touches a thing mediately is truly said to touch.

5. If in sacred ordination the book is not handed over or is not touched, the ordination is not to be repeated; but the defect must be supplied by the bishop.

¹ Lehmkuhl, Casus consc. II, n. 692.

² Gennari, Consultazioni morali canon. liturg. I, cons. 102.

³ Ballerini-Palmieri V, n. 904.

⁴ Holy Office, March 17, 1897; January 17, 1900.

⁵ Holy Office, March 17, 1897.