§ 3. Who Are Licitly Ordained

— For orders to be received licitly the subject must:

1. be in the state of grace. Yet the obligation is not grave for orders which, according to the more common opinion, are not sacraments;

2. be immune from censure or another canonical impediment, concerning which immediately below;

3. have the mind of clericating, or of serving God through the proper ministries of the order received; indeed the purpose of ascending to the presbyterate (c. 973, §1). Yet the fraud is not grave. Therefore he would sin lightly who received a minor order with the intention of conjugal life. Nor does a positive will of exercising the inferior orders seem today to be prescribed;

4. be confirmed. It is not established that the obligation is grave;

5. have canonical age, due knowledge, and morals congruent with the order to be received (c. 974).

— The canonical age is twenty-one completed years for the subdiaconate, twenty-two completed years for the diaconate, twenty-four completed years for the presbyterate. Certain dispensations from the age required for priesthood, of one year, of one year and a half, are granted for a just cause, especially because of the necessity of the Church. No canonical age is prefixed for tonsure and minor orders. Before the Code, writers judged a suitable age to be between the completed seventh and fourteenth year. Now indirectly a greater age is required, since tonsure is forbidden to be conferred on those who have not yet begun the theological course (c. 976). A certain power of dispensing is conferred by the faculties of Nuncios or Apostolic Delegates and by the quinquennial faculties of Ordinaries.

— Due knowledge is established, both for religious and for seculars, to be acquired, when it is a question of theology, in schools instituted for this purpose, according to this plan of studies: that, after a biennium of philosophy, for a full four years they follow a course of theology which, besides dogmatic and moral theology, includes the study of Sacred Scripture, ecclesiastical history, canon law, liturgy, sacred eloquence, and ecclesiastical chant. So c. 1365, which wills that "there be also lectures on pastoral theology, with practical exercises added, especially concerning the manner of handing on the catechism to children or others, of hearing confessions, of visiting the sick, of assisting the dying."

Now, first tonsure demands that the theological course has begun; the subdiaconate is not to be conferred except when the third year of the theological course is ending; the diaconate, except when the fourth year has begun; the presbyterate, except after the middle of that same fourth year.

The course and year, scholastic year, are said to have begun when lectures have been begun; it is judged to be ending when it inclines toward the end, or when two-thirds have passed; but it finishes when the examinations have been completed, or at least when the lectures have been completed. The middle of the year is judged to be had also when one passes to the other semester, as they say.

Besides this, concerning the very order to be received, every one to be promoted, whether secular or religious, must undergo a previous and diligent examination; but one to be promoted to sacred orders must make trial also in other treatises of sacred theology. The bishop of the place who ordains by his own right or gives dimissorial letters determines the method, matter, and examiners. He also receives the examination, unless he prefers to commit this to the bishop about to ordain, accepting this burden (cc. 996-997).

He can also, although he is not bound to, acquiesce in a bishop or Superior who in dimissorial letters asserts that the candidate was found suitable in a duly made examination. "But if according to his conscience he judges that the candidate is not suitable, let him not promote him" (c. 997, §2). By this canon no privileges are removed by which some religious are exempt from episcopal examination.

— What morals are required was already explained above. But so that they may more easily put on congruent morals, c. 972 says that care must be taken that those aspiring to sacred orders be received into the seminary from tender years; and it commands that all remain there at least through the whole curriculum of sacred theology, "unless the Ordinary in particular cases, for grave cause, with his conscience burdened, has dispensed" (c. 972, §1). But those who legitimately remain outside the seminary are to be commended to a pious and suitable priest who may watch over them and form them to piety (c. 972, §2). Although this is to be desired, it is not however prescribed that they be received under the same roof of the priest himself.

— Ordinations by leap are altogether prohibited, but orders are to be conferred by degrees, with no grade omitted (c. 977). This is so urged that the Holy See commands that omitted ordinations be supplied even in him who already in the higher order received possesses the minor orders virtually.

— The intervals of time are also to be observed "by which those promoted are to exercise themselves in the orders received, according to the prescription of the bishop" (c. 978, §1). Moreover the interstices between tonsure and porter or between individual minor orders are committed to the prudent judgment of the bishop; "but the acolyte is not to be promoted to the subdiaconate, the subdeacon to the diaconate, the deacon to the presbyterate, before the acolyte has been engaged in his order for at least one year, and the subdeacon and deacon for at least three months each in his own order, unless the necessity or utility of the Church, in the judgment of the bishop, demands otherwise." Therefore the bishop can, even with religious, dispense for a just cause of public reason.

Yet it is not lawful for him to confer first tonsure with some one of the minor orders, or all minor orders at once. And the peculiar license of the Roman Pontiff is required that minor orders with the subdiaconate, or two sacred orders on one and the same day, with any contrary custom reprobated, be conferred (c. 978, §3). Therefore the conjunction of minor orders with the subdiaconate, or of two major orders, is prohibited more severely than the conjunction of tonsure with a minor order or the conferral in the same ordination of all minor orders. Here a contrary custom is not reprobated, and the place of epikeia is not excluded.

— Those to be advanced to major orders are to be provided with a canonical title. A canonical title is, in this place, a title of support, canonically admitted, that is, a caution concerning suitable and of itself perpetual support.

For secular clerics, the canonical title is that of benefice, and, this lacking, of patrimony, whose quantity and manner is defined by the statutes or norms of Ordinaries, or of ecclesiastical pension. One who, ordained in sacred orders, has lost the title does not therefore become suspended, but must provide another for himself unless, in the judgment of the bishop, provision has otherwise been made for his suitable support (c. 980, §1).

But the bishop who, short of apostolic indult, has ordained or permitted to be ordained his subject in sacred orders without canonical title must himself, and his successor, furnish the same needy man with necessary food, until provision has otherwise been made for his suitable support; and a contrary pact is deprived of all force (c. 980, §§2, 3).

Yet when the customary titles are lacking, they can be supplied by title of service of the diocese, and in places subject to the Sacred Congregation of Propaganda Fide, by title of mission, yet with this law, that the one to be ordained, with an oath interposed, devote himself perpetually to the service of the diocese or mission under the authority of the local Ordinary for the time. But for a presbyter thus promoted, the Ordinary must procure suitable support. Observe that by the oath of service of the diocese entrance into religion is not excluded; as, without license of the Holy See, it is excluded by the oath of mission.

To Regulars strictly so called the title of poverty is assigned; to religious of perpetual simple vows the title of common table, of the Congregation, or another similar title, according to the norm of the constitutions, is assigned (c. 982, §§1, 2). But for professed members of temporary vows there is lacking the title of common table, since they can leave religion, and be rather easily dismissed by it, at least when the span of the vows has elapsed. Therefore these, also as regards the title of ordination, are ruled by the law of seculars (c. 982, §3).