Part — Wouters, Manual of Moral Theology
Part III. On the Time and Place of Sacred Ordination
I. Time. 1. Episcopal consecration must be conferred within the solemnities of Masses, on a Sunday or on the birthday of the Apostles (canon 1006, § 1).
Ordinations in sacred Orders are to be celebrated within the solemnities of Masses on the Saturdays of the Four Times, on the Saturday before Passion Sunday, and on Holy Saturday (canon 1006, § 2). Yet if a grave cause intervenes, the Bishop can have them also on any Sunday or feast day of precept (canon 1006, § 3). A feast day of precept is understood, whether local or universal, even if it is not in force in the place of ordination; suppressed feast days are excluded, since in reality they are not feast days of precept.
First tonsure can be conferred on any day and hour; minor Orders on individual Sundays and double feasts, yet in the morning (canon 1006, § 4).
A custom against the times of ordinations prescribed in the preceding paragraphs is reproved; and these are also to be observed when a Bishop of the Latin rite, by apostolic indult, ordains a cleric of an oriental rite, or conversely (canon 1006, § 5). Now Regulars enjoy, whether directly or by force of communication, the privilege of receiving Orders, even sacred Orders, outside the times established by law.1
It is disputed, however, whether the privilege must be restricted to Sundays and feast days of precept, or can be extended to all days. Some teach that the privilege must be taken in the restricted sense, both because "in a general grant those things do not come which someone would not likely grant in particular";2 and because from the responses of Sacred Congregations it is drawn that the words outside the times, where there is discussion of a faculty or indult, and therefore by parity of reason also where there is discussion of a privilege, must be taken in this sense: that nevertheless a Sunday or feast day of precept must be chosen,3 yet a revoked feast is not excluded.4 The said responses, as being particular and not published, indeed do not directly bind all others; nevertheless they seem to bind them indirectly, insofar as the sense of the privilege is drawn from them. Others judge that the privilege is extended to all days, since on the one hand the obvious sense of the words outside the times manifestly favors the more benign opinion, and on the other hand the sense of the privilege is not drawn with sufficient certainty from the said responses of the Sacred Congregations, which are particular and not published, nor expressly speak about privilege. While the doubt stands, since it is a question of a privilege, we adhere in practice to the more benign opinion (cf. canon 68).
It is further disputed what sort of feast days are understood if some privilege is expressly restricted to feast days. Some think that any double feast is also understood, both because days of this kind also come under the name feast in the Liturgy. But more probably only feast days of precept are understood, yet including revoked feasts. The reason is that only these are called feast days in Canon Law, as is drawn both from the Council of Trent5 and from several responses of Sacred Congregations6 (St. Alphonsus, VI, 797, dub. 4; De privilegiis, n. 116).
1 Sixtus IV, Constitution Sedes Apostolica, February 1, 1476; Pius V, Constitution Religionis zelus, March 30, 1571.
3 Cf. Gasparri, cited work, nn. 52 and 72.
4 Sacred Congregation of Rites, November 2, 1831; Sacred Congregation of Propaganda Fide, July 19, 1838 (Collectio, n. 873).
5 Session 24, cap. 1, De reformatione.
6 In Nouvelle Revue Theologique 1883, p. 387, 495; cf. Aertnys-Damen, II, 578, qu. 2°.
II. Place. 1. A Bishop outside his proper territory, without the permission of the Ordinary of the place, cannot confer Orders in whose conferral pontificals are exercised, with the prescription of canon 239, § 1, n. 15 remaining intact1 (canon 1008). Now to exercise pontificals in law is to perform sacred functions which, from liturgical laws, require pontifical insignia, that is, the staff and miter (canon 337, § 3). But pontifical insignia are required in the conferral of first tonsure and minor Orders when they are conferred within the solemnities of Masses.
General ordinations are to be publicly celebrated in the cathedral church, the canons of the church being called and present; but if in another place of the diocese, the clergy of the place being present, the more worthy church, insofar as it can be done, should be approached. But the Bishop is not prohibited, if a just cause persuades, from having particular ordinations also in other churches and likewise in the oratory of the episcopal house, or of the Seminary, or of a religious house (canon 1009, §§ 1 and 2). General ordinations are those which, for all suitable persons who desire to be ordained, take place at the times established by law, that is, on the Saturdays of the Four Times, on the Saturday before Passion Sunday, and on Holy Saturday (canon 1006, § 2); likewise, as some add, considering canon 1006, § 3, on any Sunday or feast day of precept.2 Particular ordinations are those which are done outside the times established by law, or at least are not conferred for all suitable persons who desire to be ordained.
First tonsure and minor Orders can also be conferred in private oratories (canon 1009, § 3).
1 Considering the cited canon, Cardinals enjoy the faculty of performing pontificals with throne and baldachin in all churches outside the City, after the Ordinary has been forewarned, if the church is a cathedral.
2 Vermeersch-Creusen, Epitome Iuris Canonici, II, 270.