§ 1. Obligations Common to All

1. An interior and exterior life holier than that of laymen (c. 124).

This obligation can now be urged more, since the Church reserves clericate to those who, with the intention of receiving priesthood, have begun to devote themselves to theological studies.

Wherefore Ordinaries of places must take care "that all clerics frequently wash the stains of conscience by the sacrament of penance"; that "daily for some time they apply themselves to mental prayer, visit the Most Holy Sacrament, honor the Mother of God by the Marian rosary, and examine their conscience." By this c. 125 at the same time power is conferred on Ordinaries to define these things more and to urge them efficaciously.

2. Reverence and obedience to one's proper Ordinary.

Wherefore, "whenever and for as long as, in the judgment of the proper Ordinary, the necessity of the Church requires it, and unless a legitimate impediment excuses, the office which has been committed to clerics by the bishop must be undertaken and faithfully fulfilled" (c. 128).

The debt of reverence looks to this: that, according to received custom, they render honor and offer services to Superiors.

The form of obedience is this, that clerics be ready to obey the laws, precepts, and admonitions of their Superiors. The matter is ecclesiastical things. The title of obligation is jurisdiction alone. The Ordinary does not have dominative power over secular clerics. The limits are defined by the nature of the state, by usages, and by the office undertaken. This must especially be guarded against: that they not abuse the ecclesiastical offices which they bear, by teaching, preaching, instructing youth, governing a parish, for fostering party interests, but that they administer them according to the intention and mandates of the Church, and not against the direction of Superiors. Cf. Wernz, II, n. 190-192.

3. Reception and faithful fulfillment of an office committed by one's proper Ordinary (c. 128).

That docility for accepting and executing an office is among the duties conjoined with the clerical state: our canon 128 demonstrates this. A twofold condition indeed is set down: a positive one, whenever and for as long as the necessity of the Church requires it; a negative one, unless a legitimate impediment excuses. But the judgment concerning each condition is in the power of the Ordinary; concerning the former, c. 128 expressly establishes this; concerning the latter, it is established from the general rule by which the knowledge of impediments belongs to the Superior to whom the right of commanding belongs. Cf. moreover the discussion and resolution of the Sacred Congregation, August 6-7, 1910, in the cause of St. Jean de Maurienne, care of souls (A.A.S., II, 911; Periodica, V, 290).

4. Studies, especially sacred studies, with care for solid doctrine, alien from rash novelties (c. 125).

5. Wearing of decent ecclesiastical habit; simple care of the hair; and, of itself, tonsure or the clerical crown (c. 136, §1).

During the earlier times of the Church, clerics were distinguished from laymen by modesty of clothing, indeed, but by no peculiar color or form. "We must be distinguished from the common people or the rest by doctrine, not by clothing; by conduct, not by habit; by purity of mind, not by dress." Thus in the fifth century St. Caelestine I, ep. 4 (P. L., 50, 431). Not even in sacred functions did they use vestments of a peculiar form. They took care only that they be of better quality or cleaner. Cf. the deed narrated by Sulpicius Severus, Dialog. II, I (P. L., 20, 201). From the civil Roman habit of the fourth century those vestments were taken. Cf. Batiffol, Études de liturgie et d'archéologie chrétienne, p. 83. But in the sixth century, after the barbarians invading Italy brought in shorter clothing, clerics, preserving the longer clothing of the Romans, began to be distinguished from laymen. The distinction was confirmed by c. 16 of Lateran IV (1215), which became c. 15, X, III, 1. A long and closed garment became customary for clerics. A black or at least darkish color was prescribed by particular decrees from the end of the fifteenth century and much more in the sixteenth century. Sixtus V, by the Constitution Cum sacrosanctum, June 9, 1589, wished to impose the talar habit under severe penalties. Yet the more tempered norm of the Council of Trent prevailed, sess. XIV, c. 6, Ref., that they wear an honest clerical habit, congruent with their order and dignity, and according to the ordinance and mandate of the bishop himself: which norm has been confirmed by the Code.

As regards tonsure, penitents were shorn for greater humiliation. Monks imitated this for contempt of the world. Some, neglecting their hair, cut the hair shorter; others, using a razor, shaved the head completely ¹. The clerics themselves followed this custom, yet with a crown of hair preserved around the head, at least in Africa from the end of the fourth century, because of which in the fifth century they were called "crowned." By this crown, the "tonsure of St. Peter" was distinguished from the complete "tonsure of St. Paul." This seems to be the origin of the distinction between tonsure, which earlier signified the laying aside of hair and sometimes even the shaving of hair, and the crown, which was the sign of dignity. Thus the cited c. 15 prescribes to clerics that they wear tonsure and crown. Canon 41 of the Fourth Council of Toledo (633) reproved that small form of tonsure which now everywhere is used by secular clerics for the crown.

As regards the beard, the custom of shaving the beard prevailed in the Western Church in the fourth and fifth centuries. Chapters 4, 5, 7, III, 1, of the Decretals forbid clerics to nourish hair or beard.

In the sixteenth century a moderate beard was tolerated. But at the end of the seventeenth century, when men, after the example of Louis XIV, laid aside the beard, clerics did the same. But after laymen returned to the beard, they themselves now departed from laymen, and thus the custom was introduced by which in the Western Church the beard is commonly put away by clerics.

What habit is to be worn is defined more by the custom and prescriptions of the Ordinary of the place.

Every affected care of elegance must also be excluded from the care of the hair.

The clerical crown, which for priests is laudably increased so that it correspond to the host of communion, is imposed of itself, unless "the received customs of peoples bear otherwise." Yet a grave obligation of conscience is not established.

If clerics of major Orders or beneficiaries have put aside clerical habit for a long time, that is, according to d'Annibale, III, 146 (7), for five or six days, this is reputed grave. A grave obligation for clerics of minor Orders, setting aside a precept of the bishop or synodal statute, does not seem to be demonstrated. Yet it would be grave for all to put aside the habit from contempt and with scandal. Just fear and, according to the custom of the place, the reason of a journey can excuse from wearing the habit. The Ordinary will opportunely reserve to himself judgment concerning the necessity of a journey. Moreover, the more the habit differs from the ecclesiastical habit so that it is confused with lay habit, the graver reason is required that a cleric wear this instead of that.

By canon 136 nothing is prescribed or permitted concerning the beard. Therefore one must not recede from the custom of the diocese, which can constitute particular law in no way contrary to common law. The things said are confirmed by a response of the Sacred Congregation of the Council.

For to the question of the Most Eminent Bishop of Breslau: "Whether by the Code of Canon Law freedom of wearing a beard has been given to any secular clerics whatsoever, and, respectively, whether it belongs to bishops to sustain in its force the prohibition hitherto in force for their dioceses," the Sacred Congregation of the Council, on June 10, 1920, replied: "Negative to the first part; affirmative to the second."

The use of a ring is positively forbidden to clerics to whom a ring has not been conceded by law or apostolic privilege (c. 136, §1).

There is question of that ring which has the character of an ornament, or is an insignia of privilege or dignity.

¹ Martene, De antiquis Ecclesiae ritibus, l. I, c. 6, art. 4, n. VII. Among monks, the same doctor writes, tonsure varied in form and manner. De antiquis monachorum ritibus, l. 5, c. 7, n. 4, 5.

— The law of residence, which strictly urges those clerics who have a residential benefice or office, is extended in some way to others, insofar as permission, at least presumed, of their proper Ordinary is called necessary for clerics to be absent from their diocese for a notable time, for example beyond three months. And one who, with permission of his Ordinary given not in perpetuity but for a time, has passed into another diocese, since he remains ascribed to his own diocese, can be recalled for a just cause and with natural equity preserved. It is also intact to the Ordinary of the other diocese to deny him permission of further dwelling in his own territory, unless he has conferred a benefice upon him (cc. 143, 144).