§ 2. Who Are Validly Ordained

— Incapable of orders, by divine law, is a man not baptized or of the feminine sex. And he who doubtfully is male cannot licitly aspire to orders, since he exposes all actions which demand sacred character to perpetual danger of nullity. The constant tradition and practice of the Church demonstrate that the masculine sex is required.

In an adult there is also required intention, or the will, at least habitual, that is, which was actual and has not been revoked, of receiving orders.

But what will? Since the sacrament works ex opere operato, consent to the application of the sacred rite seems to suffice. But he necessarily furnishes this who voluntarily permits the ordaining minister to exercise the sacred rite upon him, although internally he dissents. For this will is elicited by the prevailing will which moves the candidate to approach. So C. Gasparri, I, 644, appealing, n. 643, to Innocent III, in c. 3, § Item, De baptismo eiusque effectus (III, 42), which place others must interpret violently. Nevertheless the common opinion thinks that the ordination of him who approaches fictitiously is null. And according to this opinion the Holy Office responded on March 2, 1842 (Collectanea P. F., I, 946), and the response of the Holy Office, November 28, 1900 (Collectanea P. F., II, n. 2069), also favors it, although there it merely commands conditional repetition (cf. Wernz, II, 82, who has the nullity as indubitable).

— Corollaries. 1. Therefore the perpetually insane, infants in cradles, and those who consent coerced by grave fear are validly ordained. But a coerced cleric, unless, after the fear has been removed, he has ratified the ordination at least tacitly through the exercise of the order, willing nevertheless by such an act to subject himself to clerical obligations, after the coercion and defect of ratification have been legitimately proved, will be reduced to the lay state by sentence of a judge, without any obligations of celibacy or of canonical hours (c. 214).

But he is not coerced who by no external force, by no threats or terror induced, has been led to ordination, but persuaded by his own want of things or fear of a humble and laborious condition, or even of divine chastisement, has chosen the sacerdotal state.

But an ordained infant is bound by no obligation, unless he has ratified his ordination, fully possessed of himself and pubescent, indeed of full age.

For, resolving the case concerning Copts, who were accustomed to confer the diaconate even on infants, Benedict XIV, Instruction Eo quamvis, May 4, 1745, §28, ordered that those ordained thus, after completing sixteen years, be asked by the local Ordinary concerning their intention. He declares that this age was defined by him because at that age irrevocable religious Profession could be made. But since today the Code has assigned the age of completed twenty-one years to perpetual profession, consequently it seems that the option concerning the clerical state must be deferred to that age.

2. Invalidly ordained is one sleeping; a drunken adult who before had not had the intention of receiving the order; one who by external force is dragged to ordination; one who jokingly or by reciting a play presents himself to the one ordaining.