Chapter III. On the Minister of the Sacrament of Order

I say 1°. The ordinary minister of sacred ordination is a consecrated Bishop; the extraordinary minister is one who, although he lacks the episcopal character, has received from law or from the Apostolic See by a peculiar indult the power of conferring some orders (Can. 951).

It is established from many Councils, especially from the Florentine and Tridentine. For the Florentine in the Decree of Union says: "The ordinary Minister of this sacrament [of Order] is a Bishop"; and the Tridentine, sess. 23, can. 7, thus establishes: "If anyone shall have said that Bishops are not superior to presbyters, or do not have the power of confirming and ordaining, or that the power which they have is common to them with presbyters ... let him be anathema." - He is called ordinary because a simple priest, the Supreme Pontiff committing it, can be the extraordinary Minister of tonsure and of the four minor Orders. This is established from the Council of Trent, sess. 23, ch. 10, on Reform.

As regards the ordination of religious:

1°. A regular Abbot of rule, although without nullius territory, can confer first tonsure and minor orders, provided the one to be promoted is subject to him by force of profession at least simple, but he himself is a presbyter and has legitimately received the abbatial blessing. Outside these limits, the ordination conferred by the same, any contrary privilege being revoked, is invalid, unless the one ordaining is powerful with episcopal character (Can. 964). - Cf. St. Alphonsus, n. 762.

I say 2°. Only the proper Bishop, or another Bishop but from an express faculty received from the proper Bishop, can licitly ordain. It is established from Canon 955:

§ 1. Let each one be ordained by his own Bishop or with the legitimate dimissorial letters of the same.

§ 2. The proper Bishop, not impeded by a just cause, is to ordain his own subjects personally himself; but without apostolic indult he cannot licitly ordain a subject of an eastern rite (Can. 955).

Question 1. Who is considered the proper Bishop of the one to be ordained?

Resp. The proper Bishop, as regards the ordination of seculars, is only the Bishop of the diocese in which the one to be promoted has domicile together with origin, or simple domicile without origin; but in this second case the one to be promoted must confirm by oath his intention of remaining perpetually in the diocese, unless there is question of a cleric to be promoted to orders who has already been incardinated into the diocese through first tonsure, or of promoting an alumnus who is destined to the service of another diocese according to the norm of can. 969, § 2, or of promoting a professed religious, concerning whom in can. 964, n. 4 (Can. 956).

§ 1. The Vicar and Apostolic Prefect, an Abbot or Prelate nullius, if they are powerful with episcopal character, are equated to a diocesan Bishop as regards ordination.

§ 2. If they lack episcopal character, they nevertheless can, in their own territory and only while their office lasts, confer first tonsure and minor orders both upon their own secular subjects according to the norm of can. 956, and upon others who exhibit the dimissorial letters required by law; ordination performed by the same outside these limits is invalid (Can. 957).¹

¹ Cf. Addenda, p. 1094, n. 27.

Question 2. By whom are dimissorial letters for secular clerics to be granted? By whom for religious?

Resp. § 1. Dimissorial letters for seculars can be given, as long as they retain jurisdiction in the territory:

1°. The proper Bishop, after he has legitimately taken possession of his diocese according to the norm of can. 334, § 3, although not yet consecrated;

2°. The Vicar General, yet by special mandate of the Bishop;

3°. With the consent of the Chapter, the Capitular Vicar after a year from the vacant see; but within the year only to those constrained by reason of a benefice received or to be received, or by reason of some certain office for which, on account of the necessity of the diocese, provision must be made without delay;

4°. A Vicar and Apostolic Prefect, an Abbot or Prelate nullius, although they lack episcopal character, even for major orders (Can. 958).

As regards the ordination of religious: ...

2°. Exempt religious can licitly be ordained by no Bishop without the dimissorial letters of their own major Superior;

3°. Superiors can grant dimissorial letters to professed members of simple vows, concerning whom in can. 574, only for first tonsure and minor orders;

4°. The ordination of all other alumni of any religion is governed by the law of seculars, any indult granted to Superiors of giving dimissorial letters to major orders for professed members from temporary vows being revoked (Can. 964).

Question 3. To whom can dimissorial letters be sent for secular clerics? To whom must they be sent for religious clerics?

Resp. 1°. The letters can be sent to any Bishop having communion with the Apostolic See, with only this exception, apart from an apostolic indult: a bishop of a rite diverse from the rite of the one to be ordained. - Cf. Can. 961.

2°. A religious Superior must send the letters to the Bishop of the diocese in which the house of the one to be promoted is situated. Cf. Can. 965. Nor can he send them to another bishop unless the diocesan Bishop has given permission, or is of another rite, or is absent, or is not going to have an ordination at the next legitimate time, or when the one ruling a vacant diocese is not marked with episcopal character; which things must be made known to the bishop about to ordain from the authentic testimony of the diocesan curia. - Cf. Can. 966. Religious superiors must beware lest in fraud of the law they send the subject elsewhere or grant letters only when the bishop is going to be absent or is not going to have ordinations. Cf. Can. 967. See the penalties in Canon 2410.

Question 4. Whether besides dimissorial letters testimonial letters are required?

Resp. Affirmatively, as is established in the following canons.

Seculars to be promoted, or religious who, as regards ordination, are governed by the law of seculars, are to bring:

1°. Testimony of the last ordination or, if there is question of first tonsure, of Baptism and Confirmation received;

2°. Testimony concerning studies completed, required for the individual orders according to the norm of can. 976;

3°. Testimony of the rector of the Seminary, or of the priest to whom the candidate outside the Seminary has been commended, concerning the good morals of the same candidate;

4°. 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;

5°. Testimonial letters of the religious major Superior, if the one to be promoted has been enrolled in some religion (Can. 993).

§ 1. The time in which the one to be promoted could have contracted a canonical impediment is, regularly, for soldiers three months, for others six months after puberty; but the ordaining Bishop according to his prudence can require testimonial letters even because of a shorter time of stay, and also because of time which preceded puberty.

§ 2. If the Ordinary of the place neither by himself nor through others knows the one to be promoted sufficiently, so that he can testify that during the time in which he stayed in his territory he contracted no canonical impediment, 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.

§ 3. If after testimonial letters have been obtained and before the ordination has been completed, the one to be promoted again has stayed in the same territory for the aforesaid space of time, new testimonial letters of the Ordinary of the place are necessary (Can. 994).

§ 1. A religious Superior also in his dimissorial letters must testify not only that the one to be promoted has emitted religious profession and is of the family of a religious house subject to him, but also concerning the studies completed and concerning the other things required by law.

§ 2. The Bishop, after receiving these dimissorial letters, does not need other testimonial letters (Can. 995).

Question 5. What is the effect of these letters?

Resp. After legitimate dimissorial letters have been received, the Bishop can ordain another's subject, provided he cannot rightly doubt the genuine faith of them, with the prescription of 944, § 3, preserved. - Cf. Can. 962. Although the letters can be limited or revoked by the one granting them or by his successor, once granted they are not extinguished when the right of the giver is dissolved. - Cf. Can. 963.