§ 2. Rite, Time, Place, Notation

— I. On the rites to be observed. These few things in cc. 1002-1005 are to be attended to by us.

1. Accurate observance of the sacred rites is inculcated, with every omission or inversion avoided.

2. By the minister himself of ordination or episcopal consecration, the Mass of ordination or consecration is to be celebrated.

3. He who has received certain orders in an oriental rite and then has obtained an indult from the Apostolic See to receive major orders in the Latin rite, must first, in the Latin rite, receive the orders which he has not yet received in the oriental rite.

That is, since the Greek Church from the four minor orders of the Latin Church confers only the lectorate formally or distinctly, he who is to receive diaconate or presbyterate in the Latin rite will first have to receive the orders formally passed over, so that every appearance of leap may be avoided.

— II. At what time ordinations are to be done. 1. Episcopal consecration must be conferred during the solemnities of Masses, on Sunday, or on the birthday of the Apostles (c. 1006, §1). 2. Ordinations in sacris are to be celebrated during the solemnities of Masses on the Saturdays of the Four Times, the Saturday before Passion Sunday, and Holy Saturday. But for a grave cause the bishop can have them also on any Sunday or feast of precept.

And since it is not said "on a feast of precept, even suppressed," as in c. 399, §1, only feasts which are in force are to be understood of themselves. And according to that opinion both the Sacred Congregation of Rites and the Sacred Congregation of the Sacraments used to answer and act. Recently, however, the more benign opinion has become practically safe, even in the City, which, just as for Masses for the people, also for ordinations, counts feast days according to the catalogue of Urban VIII.

3. First tonsure can be conferred on any day and hour; minor orders, on individual Sundays and double feasts, but in the morning.

From the manner in which, in §§2 and 4, the Code distinguishes double feasts from feasts of precept, it is clear that here double feasts are understood as doubles in choir, although not of precept.

4. Custom contrary to the times of ordinations prescribed by the Code is reprobated.

Yet privileges are not revoked. But the Sacred Congregation of the Council constantly responded that the privilege of receiving or conferring orders outside the Times is to be understood of the privilege of receiving them on Sunday or a feast of precept; and Lugo already notes, Resp. mor., l. 1, d. 34, that the more benign opinion had been rejected by the decree of Urban VIII (cf. Gasparri, De Ord., I, 52). But use according to this opinion will no longer be able to be preserved, since by §5 such a custom is reprobated.

5. The repetition of ordination or a rite to be supplied, absolutely or conditionally, can always be performed outside the Times and secretly (c. 1007). But here outside the Times signifies on every day on which Mass can be celebrated.

— III. Place of ordinations. 1. Since only Cardinals can exercise pontificals everywhere (c. 239, §1, 15), bishops who are not Cardinals cannot, without license of the Ordinary of the place, confer orders even on their own subjects in whose conferral pontificals are exercised (c. 1008).

2. "§1. General ordinations are to be celebrated publicly in the cathedral church, the canons of the church being called and present; but if in another place of the diocese, with the clergy of the place present, the more worthy church, so far as can be done, is to be approached" (c. 1009).

General ordinations are those which are held on the six Saturdays which from c. 1006, §2 are the proper time for ordinations in sacris. Thus the usage of the word has already long been received. Because of the faculty which §3 of the same canon attributes to the bishop of having those ordinations also on any Sunday or feast of precept, Augustine, on c. 1009, thinks that now too under this name come ordinations which ought to have been celebrated on one of the six Saturdays but have been delayed to a feast day. But those which are celebrated outside those Times are particular ordinations. Moreover at general ordinations in the cathedral the canons must assist, and they can be compelled to this by censures (S. C. C., June 19, 1778, to IX; Richter, C. Trid., p. 194, n. 1). Whether the bishop can in the same way compel the local clergy, when general ordinations are done in another place of the diocese, is less certain.

Particular ordinations, however, the bishop can have, for a just cause, also in other churches and in the oratory of the episcopal house or seminary or religious house (c. 1009, §2).

First tonsure and minor orders can also be conferred in private oratories (c. 1009, §3).

— IV. Notation and testimony of ordination. 1. The Code prescribes an accurate description, with the ordaining minister and the individual ordained indicated, of all ordinations performed, to be kept in a special book in the archive of the curia of the place of ordination; in this book those are also to be noted who were ordained by an outside bishop with dismissorial letters (c. 1010).

2. Besides, the local Ordinary, if it is a question of seculars, and the major Superior, if of religious ordained with his dismissorial letters, must transmit notice of the celebrated ordination of each subdeacon to the baptismal pastor, to be entered in the book of those baptized (c. 1011).

3. To each ordained man an authentic testimony of the ordination received is to be given (c. 1010, §2).

— V. Obligations imposed by the ordaining minister on the ordained. 1. What are imposed. The Roman Pontifical at the end of the ordination of priests suggests to the ordaining minister the burdens which he is to impose in these words: "Each of you 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 subdiaconate or diaconate, the nocturn of such a day. But those ordained to the Presbyterate, after your first Mass, say three others, namely, one of the Holy Spirit, another of Blessed Mary ever Virgin, and a third for the faithful departed, and pray to almighty God also for me."

The psalms with litanies, etc., are found in their proper place at the end of the breviary. - The nocturn of such a day is understood either as the nocturn of the feria, or the first Nocturn of Sunday or of a feast of nine lessons, according as the ordination was held on a feria, feast, or Sunday. Thus the Sacred Congregation of Rites, June 27, 1899 (4042). That response supposes that the nocturn of the very day of ordination had been indicated. But the bishop could designate the nocturn of another day, and then it will be the nocturn of the feria or the first of a feast of nine lessons if on that day the office is of the feria or of a saint. And the bishop also has the right of expressly designating another nocturn than the first.

A nocturn, however, consists of psalms with antiphons, without lessons, invitatory, and hymn (S. R. C., July 19, 1903, n. 4177).

The three Masses are understood as votive, unless a feast of the Blessed Virgin Mary occurs, or a day on which the Mass of the Holy Spirit is to be said; by that celebration the burden is satisfied. For these Masses a stipend can be received.

Yet Noldin, III, 478, at the end, advises that they be applied for the Church and for the faithful departed. For the mind of the Church is "that the ordained, through them, honor the Holy Spirit and the Blessed Virgin; give thanks to them for benefits received; implore divine assistance both for the universal Church, and for the ordaining Pontiff, and for themselves; and finally that they show mercy to the suffering Church, that is, to the faithful departed."

2. Obligation. It is not established that there is any obligation under sin of fulfilling any of these burdens.

— I. Things to be furnished before sacred ordination. Besides notice to be given timely concerning one's purpose, seculars to be promoted and religious who use their law in ordination must bring various testimonials, while for other religious it is enough to bring the dismissorial letters of their proper Superior. Those things which have been stated must be examined in the stated manner. Excepting religious of perpetual vows, the others are to be announced publicly once in the church. The Ordinary can dispense those banns just as he can command others; and the faithful must reveal impediments to the Ordinary or pastor. The Ordinary himself, by himself or through others, especially through the pastor, must make useful inquiries; finally, spiritual exercises are to be undertaken by all, even religious, for the time defined by the Code.

II. Various remaining things. 1. The rites are to be observed accurately; and ordinations are to be done at the due time and place. The privilege of receiving orders outside the Times can be understood of the privilege of receiving them on Sunday or a feast of precept according to the catalogue of Urban VIII.

2. Ordinations are to be noted accurately and to each ordained man authentic testimony of the ordination received is to be handed over. Besides, the local Ordinary, when it is a question of seculars, and the major Superior, when it is a question of religious ordained with his dismissorial letters, must transmit notice of the celebrated ordination of any subdeacon to the baptismal pastor, so that it may be entered into the book of baptisms.

3. Obligations imposed by the ordaining minister on the ordained are not proved to have been commanded under sin.