The minister of Orders

461. Concerning the Minister of Valid Ordination. 1. The ordinary minister of valid ordination is any consecrated bishop and only a consecrated bishop, which is established from the definition of the Church.¹

a. A bishop elect and confirmed can indeed give permission to his subjects that they be ordained by another bishop, but he himself cannot ordain them unless he has been consecrated. But a consecrated bishop can always validly ordain, even if he has been degraded or has resigned the episcopate.

b. The bishop is the ordinary minister also of the episcopal order, although for conferring this he needs the assistance of at least two other bishops. Yet this assistance is required only for licitly conferring the order, as is clear from the fact that by dispensation of the supreme pontiff either a bishop alone or a bishop assisted only by priests can confer it.²

2. The extraordinary minister of valid ordination is a priest who has received from law or from the holy see the power of conferring some orders.³ Furnished with this power are:

a. Cardinals, who can confer first tonsure and minor orders, provided the one to be promoted has dimissorial letters of his own ordinary.⁴ From the new law, cardinals must have the presbyterate.

b. Vicars and Prefects apostolic, Abbots or Prelates nullius, if they are bishops, as to ordination are equated with a diocesan bishop. If they are not bishops, they can confer first tonsure and minor orders both on their own secular subjects and on others who exhibit dimissorial letters. Otherwise an ordination performed by them is invalid.⁵

c. Regular abbots who are not bishops and do not have territory can confer first tonsure and minor orders on their subjects by force of at least simple profession. Otherwise an ordination conferred by them, any contrary privilege having been revoked, is invalid.⁶

A bishop indeed by force of ordination has the power of conferring all orders even on non-subjects. But an abbot by force of blessing has no power of conferring orders, not even first tonsure, but must receive power from the Church. Now the Church had given the power of conferring tonsure and minors on their own regular subjects to all abbots, and further power by special privilege to some; this indeed has now been revoked.

¹ Council of Trent, sess. 23, can. 7. Cn. 951.

² Cn. 954.

³ Cn. 951.

⁴ Cn. 239, 1, n. 22.

⁵ Cn. 957.

⁶ Cn. 964.

462. Concerning the Minister of Licit Ordination. 1. It is licit for no bishop to consecrate anyone as bishop unless it is first established that there is a pontifical mandate; for the consecration of a bishop is reserved to the Roman pontiff.¹

2. No one can licitly confer orders except the proper bishop or another bishop with the permission of the proper bishop.²

The proper bishop, when not impeded by a just cause, ought himself to ordain his own subjects.³

3. In order that another bishop can ordain someone, he must bring dimissorial letters from the proper bishop.⁴

4. It is licit for no one to promote one ordained by the Roman pontiff to a higher order without the faculty of the Apostolic See.⁵

¹ Cn. 953.

² Cn. 955.

³ Cn. 955, 2.

⁴ Cn. 955, 1.

⁵ Cn. 952.

463. Who Is the Proper Bishop. 1. As regards the ordination of seculars, from a threefold title a bishop can be the proper bishop of the bishop to be ordained:

a. If the ordinand in the diocese has domicile together with origin.

alpha. He who was born by chance in some diocese on the occasion of a journey or another temporary, even lengthy, stay of the father in that place must be ordained by the bishop of the place where the father then had domicile; and if he then had no domicile, where the father was born. Therefore the bishop of the domicile or, this failing, of the origin of the father is the bishop of origin of the son who by chance was born in some diocese, unless afterward the father acquired domicile where the son was born by chance. For in this case the bishop of that place is the proper bishop of the son by reason of origin.

beta. If the ordinand is illegitimate, his domicile is the domicile of the mother; if he is exposed, his domicile is the place where he was found; if he is a baptized infidel, a neophyte, his place of origin or domicile is not, as up to this point, the place of baptism, but the place in which at the time of baptism the father had domicile or quasi-domicile, Cn. 90, 1.

b. If the ordinand in the diocese has domicile without origin and confirms by oath that he has the intention of remaining perpetually in the diocese.

Nothing prevents someone from having two domiciles in different dioceses and therefore being able to be ordained by either bishop; but once an order has been received by one bishop, he cannot more broadly pertain to each diocese. For by ordination received from his proper bishop he is incardinated into that diocese; but it is repugnant that someone be incardinated into two dioceses.¹

c. If in the diocese he is incardinated,² either alpha. by first tonsure,³ or beta. by a residential benefice which he obtained in the diocese.⁴

Note a. If the ordinand has only a diocese of origin, he ought to be incardinated so that he can be ordained by the bishop of origin.

b. A non-proper bishop can ordain someone who is his subject by reason of domicile, although for the future he is destined for the service of another diocese.

2. Religious who have been legitimately dismissed by their superiors to a bishop can licitly be ordained by this bishop.⁵

Note. Concerning those dismissed from a seminary or from a religious institute. a. A bishop may not admit to his seminary an alien subject unless first by secret letters from the bishop of the petitioner he has learned whether he was dismissed from his own seminary. He is altogether forbidden to admit a dismissed man unless he has found that there is nothing in him which is less fitting to the priestly state.⁶ But if in good faith he admits him and retains him after having known his condition, he is judged ascribed to this diocese, while nevertheless the canonical rules for his incardination and ordination are preserved.

b. Nor can he admit a man dismissed from some religious institute unless first by secret letters from the superiors of the institute he has inquired and established that there is nothing in the dismissed man which is less fitting to the priestly state.

c. Those dismissed from a seminary, if afterward in another diocese they are enriched with sacred orders, are forbidden to return to the diocese from whose seminary they had been dismissed and to have a stable domicile there. The same must be held if those dismissed from a religious institute are ordained and afterward depart from there.⁷

¹ Cf. Gasparri II, n. 857.

² Concerning the nature of incardination and the manner of carrying it out, see the canonists.

³ Cn. 111, 2.

⁴ Cn. 114.

⁵ Cn. 965, 966.

⁶ Cn. 1363, 3.

⁷ S. C. C., December 22, 1905.

THE ordinary minister of Orders is a bishop, who is the only valid minister of the episcopate and priesthood. A priest may receive delegated authority from the Pope to confer minor Orders, and the subdiaconate, and probably also the diaconate. Thus Abbots have power to give minor Order to their own subjects, and Cardinals, if they be priests, may give them to clerics belonging to their titular churches in Rome.

Ecclesiastical law requires that Orders be received only from one’s own bishop, or from another bishop with his leave, which is granted by giving the subject dismissorial letters.

The Code bids a bishop ordain his own subjects unless he is prevented by some good reason.

One’s own bishop, as far as Orders are concerned, is only the bishop of the diocese in which the ordinand has a domicile, together with origin therein, or simply a domicile without origin; but in this latter case the ordinand ought to affirm on oath his intention perpetually to remain in the diocese, unless there is question of promoting a cleric to Orders who has already been incardinated in the diocese by the first tonsure, or of promoting a student who is destined for the service of another diocese in accordance with Canon 969, sec. 2, or of promoting a professed religious, of whom there is question in Canon 964, n. 4 (Can. 956).

By the common law, regulars must be ordained by the bishop in whose diocese their convent is situated, but some have a special privilege of giving dismissorials to their members for ordination by any bishop who is in union with the Holy See. Whenever a bishop holds an ordination outside his own diocese he requires the leave of the bishop of the place to exercise pontifical functions,

We shall speak first of the person ministering, then of the liceity of ministering.

I. The ordinary minister of sacred ordination is a consecrated Bishop (canon 951); namely, in this sense, that, once his consecration is posited, he always confers Orders validly. It is disputed only whether a Bishop acts validly who, without an apostolic dispensation, consecrates a Bishop without two other assisting Bishops. That such a manner of acting is illicit is clear both from canon 954 and from the Roman Pontifical; nevertheless it seems altogether to be said that it is valid. For so Pius IV in the Brief of August 11, 1562, the Holy Office,¹ and the Sacred Congregation of Propaganda Fide.² There is added the fact that only one of the Bishops in the Roman Pontifical is called the consecrator, and that in the other sacraments also one minister suffices.

Corollary. Ordinations performed by Jansenist, Old Catholic, and Russian Bishops are valid. But the ordinations of Anglicans are invalid by defect of minister, form, and intention, as Leo XIII authentically declared.³

¹ March 13, 1669 (Collectio, n. 177).

² May 18, 1695 (Collectio, n. 239).

³ Constitution Apostolicae curae, September 13, 1896.

II. The extraordinary minister of sacred ordination is one who, although he lacks the episcopal character, has received from law or from the Apostolic See by a special indult the power of conferring some Orders (canon 951). Now this power has been conferred by law as follows:

1. Cardinals, from their promotion in Consistory, enjoy the faculty of conferring first tonsure and minor Orders, provided the one to be promoted has dimissorial letters from his proper Ordinary (canon 239, § 1, 22).

2. A Vicar and Prefect Apostolic, an Abbot or Prelate nullius, if they lack the episcopal character, can nevertheless, in their own territory and only while they hold office, confer first tonsure and minor Orders both on their own secular subjects according to the norm of canon 956,¹ and on others who exhibit the dimissorial letters required by law; ordination performed by them outside these limits is null (canon 957, § 2).

3. A Provicar and Proprefect, and others to whom the care of a vicariate or prefecture has devolved according to the norm of canon 309, enjoy the faculty with which the Vicar or Prefect was endowed (canon 310, § 2).

4. A regular Abbot of governance, even without a territory nullius, can confer first tonsure and minor Orders, provided the one to be promoted is subject to him by force of at least simple profession, and he himself is a priest and has legitimately received the abbatial blessing. Outside these limits, ordination conferred by him, every contrary privilege having been revoked, is null, unless the one ordaining is endowed with the episcopal character (canon 964, 1°).

Question. Can the Supreme Pontiff confer on a simple priest the power of ministering the Subdiaconate and Diaconate?

Response 1. With respect to the Subdiaconate, it is commonly admitted: both because it is not a sacrament; and because Pope St. Gelasius, in his letter to Bishop Lucianus,² seems to teach this implicitly; and because Supreme Pontiffs have several times put this doctrine into practice.³

Response 2. With respect to the Diaconate, there is dispute. Some affirm it, relying on the Bulls of which there will be discussion presently. Others deny it, and they respond to the things alleged by their opponents: 1° the Bull of Innocent VIII directed to the Cistercian Abbots (1489), at least insofar as it grants the faculty of conferring the Diaconate, does not seem genuine;⁴ 2° the Bull of Boniface IX to the Augustinian Abbot of the monastery of St. Osyth in the province of London (1400), by which, besides the faculty of ministering the Subdiaconate and Diaconate, the faculty of ministering the Presbyterate was also conferred, was revoked by him in the year 1403.⁵ There is added that the said Bull probably conferred nothing else except permission to receive Orders independently of the Bishop of London, so that the matter concerned not the power of Order but the power of jurisdiction.

¹ Cf. p. 462.

² Migne, Patrologia Latina LIX, p. 50 (in VI).

³ Cf. Many, De S. Ord., p. 146.

⁴ Cf. Gasparri, De Sacr. Ordin., t. II, p. 85; Wernz, Ius Decretalium, II, p. 48; Pastor, Geschichte der Papste, III, p. 253.

⁵ Cf. Gillmann, Zur Lehre der Scholastik vom Spender der Firmung und des Weihesakraments, p. 137; Sagmuller, Kirchenrecht, I, p. 202 (ed. 1914); Dictionnaire de theologie catholique, s.v. Ordre, la theologie moderne, col. 1386.

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).

2. 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.

3. 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).

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.

² Rule of Law 81 in VI.

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.

2. 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.

3. 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.

The Minister of Ordination.—(a) For validity it is necessary that the minister be a consecrated bishop; but the Orders of ecclesiastical institution (i.e., subdiaconate and Minor Orders) may be given by a priest authorized by law, or by special indult of the Apostolic See. Thus, Cardinals, Vicars and Prefects Apostolic, and Abbots have the power of conferring tonsure and Minor Orders from Canon 239.

(b) For lawfulness it is necessary that the consecrator of a bishop be the Pope or a bishop designated by him; that the ordainer to other ranks of the clergy be the proper bishop of the candidate (i.e., the bishop of his place of origin and residence or of his place of domicile), or a delegated bishop (i.e., the bishop who has received dimissorial letters from the proper bishop or religious superior). See Canons 951-967.

The Special Duties of the Minister.-(a) As to the ordinandus, the ordaining prelate must be morally certain from positive arguments that the candidate is suitable according to the Canons; otherwise he would be guilty of a very grievous sin and would expose himself to the danger of sharing in the sins of others (I Tim., v. 22; Canon 973, n. 3).

(b) As to the ordination, the minister is bound to observe the law on time and place, and to follow carefully and exactly the ceremonies of his own Rite. If anything essential is omitted, it has to be supplied, absolutely or conditionally, according as there is certain or only doubtful lack. The omission of an accidental but notable ceremony (e.g., the anointing of hands) would be seriously culpable (Canons 1002-1009).

Who is the minister of order? - In Trent, sess. 23, c. 7, it is defined that Bishops alone are ordinary ministers of the sacrament of order. A Bishop only elected and confirmed, although he can provide permission to subjects that they be ordained by another Bishop, nevertheless cannot ordain unless he is also consecrated. But a consecrated Bishop, even if he has been degraded and has renounced the episcopate, can validly ordain. L. 761; St. Thomas, Suppl., q. 38, a. 1.

The Supreme Pontiff can provide to a simple priest the faculty of conferring tonsure and minor orders. And this faculty was in fact formerly granted to Cardinal priests toward clerics of their title, and, from the common law now in force, to regular Abbots truly nullius or exempt, with miter and ring, blessed by a Bishop; who nevertheless cannot use it except with Regulars subject to themselves, and more probably also novices. Trent, sess. 23, C. 10, de Ref.; S. C. C., June 26, 1655; Benedict XIV, de Syn., l. 2, c. 11; Suarez, de Rel., t. 4, l. 2, c. 29; Bizzarri, Collect., ed. 1885, p. 138; Honorante, Prax., p. 7.

Yet they commonly deny this concerning the presbyterate, as concerning a most excellent ministry, which must be imparted only by a Prince of the Church having supreme faculty, as a Bishop is. St. Thomas, Suppl., q. 38, a. 1.

Therefore the question is about diaconate and subdiaconate; some affirm, others deny, but others probably deny concerning diaconate, whose ministry is immediately ordered to touching the Body of Christ, by distributing it to the faithful, while they affirm concerning subdiaconate, because its duty does not have so immediate a relation to the Body of Christ. Nor does St. Thomas, Suppl., q. 38, a. 1 ad 3, seem to oppose this doctrine. There the holy Doctor excludes major orders which have always been held in the Church as sacred, as is inferred from his words, since he speaks of orders which have immediate relation to the Body of Christ. But it is known that the order of subdiaconate was not counted among the sacred orders except in the eleventh century by Urban II, as is had in C. A multis, de aetate et qualitate praefic.; nor does the subdiaconate have an immediate relation to the Body of Christ, as St. Thomas speaks; for only priests can confect the Eucharist, and only deacons can carry or minister it. - L. 760-766; Giraldi, p. 1, s. 105; Langonius, de Bulla Innocentiana; E. M.

Those who affirm concerning diaconate rest chiefly on the Constitution Exposuit, Apr. 9, 1489, by which Innocent VIII grants to the Abbot General of the Cistercian Order and to the Abbots of four monasteries of the same order the faculty of conferring on their religious subjects the Orders of subdiaconate and diaconate. But the authenticity of such a concession is not certainly established.

Can any Bishop licitly confer orders? - For licitly conferring and receiving orders it is required that the one to be initiated, even with first tonsure, be ordained by his own Bishop, or by another, but with his permission. Therefore a Bishop cannot licitly ordain except subjects, either by reason of origin, or by reason of domicile, or by reason of benefice, or by reason of familiarity, and indeed by reason of the necessity of dioceses. C. Cum nullus 3, de Temporum ordin. in 6; C. Eos qui 2, e.t.; Trent, sess. 23, C. 3, 8, 9, de Ref.; Pius X, Encyclical Letter to the Bishops of Italy, July 28, 1906; L. 760, 769, 771.

By reason of origin, if namely they were born in his diocese. But one who is born somewhere by chance must be ordained by the Bishop of the domicile of his father, unless the father afterward contracted domicile there where the one to be initiated was born; or by the Bishop of the place where the father was born, if the father at the time of the birth of the son had domicile nowhere. But if the son is illegitimate and not legitimated, the domicile of the mother is attended to. But exposed infants whose parents are unknown are judged natives of the place in which they were exposed. Finally, neophytes are judged natives of the place in which they were baptized. Paul III, Constitution Cupientes, March 31, 1542. But no account is taken of baptism under condition. Kenrick, tr. 20, n. 15. - Honorante, Praxis Secr. Urb. Vic., c. 1, note 9; Schmalzgrueber, l. 1, p. 3, tit. 11, n. 37, 38; Giraldi, p. 2, s. 96; L. 760, 770, 772, 773.

By reason of domicile, only he is to be judged a subject as regards orders who comes somewhere with the intention of remaining there perpetually, and proves this intention either by habitation of ten years, or by building a house with the carrying over of the greater part of his goods, while remaining there at the same time for some notable time; and he must swear that he then has this intention. Innocent XII, Constitution Speculatores, Nov. 4, 1694; L. 760, 770, 773, 778; Lucidi, Visit. sacr. lim., c. 2, n. 88, 91.

From the more recent Decree of the S. C. C., July 20, 1898, a cleric legitimately excardinated in perpetuity from his own diocese by legitimate document, and legitimately incardinated in another diocese, namely by written document, with the oath prescribed by Innocent XII having been taken, and in perpetuity, and with suitable documents having first been obtained from the dismissing Bishop concerning birth, morals, and studies, can indeed be promoted to orders by the Ordinary of the new diocese.

Likewise a layman can obtain letters from his own Ordinary, by force of which, dismissed from his own diocese, as an extra-diocesan he can become proper to a benevolent receiving Bishop, and by this title be promoted by him to clerical tonsure and to sacred orders, provided however that: 1. Dismissal by his own Bishop is granted from a just cause, in writing, and for a determined diocese; 2. Acceptance is made, with the rules established for incardinating clerics observed, and with the Decree Vetuit, Dec. 22, 1905, also observed as regards pupils dismissed from seminaries; 3. The oath is taken according to the path of the Constitution Speculatores before clerical tonsure. S. C. C., Nov. 24, 1906.

By reason of benefice, it does not suffice that someone is immediately going to receive a benefice from some Bishop, so that he can be ordained by him or receive first tonsure; but it is required that the benefice actually be possessed, and of itself suffice for suitable sustenance without the supplement of patrimony. One who has a benefice in two dioceses can be ordained in either. C. Cum nullus, de Temp. ord. in 6; L. 760, 770, 774, 776, 777.

By reason of familiarity, so that a Bishop, but not merely a titular Bishop, can ordain someone, it is required that for three years he has maintained him with himself in his actual service, and that within a month he confer on him a benefice sufficient for suitable sustenance, so namely that the one to be ordained, when the familiarity ceases, may have from which he can live. Therefore it matters little in what diocese the benefice is placed; and, if the one to be ordained has a benefice or patrimony, this obligation of conferring a benefice on him ceases. Nor does it matter that he does not dwell in the buildings of the Bishop, provided he lives in the place where the Bishop is or nearby. - Trent, sess. 14, C. 2, de Ref.; sess. 23, C. 9, de Ref.; Innocent XII, Constitution Speculatores; L. 760, 770, 778, 780; Giraldi, p. 1, s. 97.

The one to be ordained can choose whichever he wishes among these various Bishops, and then vary in each order. But he who is chosen cannot ordain him without testimonial letters of the Bishop of origin, of domicile, and of that place in which perhaps someone has stayed at that age and for so long a time, namely about six months morally continuous, that he could have contracted a canonical impediment. L. 789. But if there is question of those to be promoted who were formerly assigned to military service, testimonial letters are necessary as often as they have stayed in some diocese at least for a trimester morally continuous. S. C. C., Sept. 9, 1893; Jan. 26, 1895; June 25, 1904; S. C. Disc. Reg., Nov. 27, 1892. And if they cannot obtain the aforesaid testimonial letters from the Ordinaries of places, then, after faculty of the Holy See has first been obtained, they are to be admitted to taking a supplementary oath for the time in which they were assigned to military service. Holy Office, March 12, 1896. Testimonial letters; namely not given generally, but for receiving orders; and therefore they must bear witness concerning the requisites for receiving orders, concerning birth, age, morals, and the absence of any canonical impediment. Those to be ordained by the Bishop of benefice, if they are going to return to their own diocese, must be examined by the Bishop of domicile before the granting of testimonial letters. Trent, sess. 23, C. 8, de Ref.; Innocent XIII, Constitution Apostolici ministerii, § 5; Benedict XIII, Constitution In supremo; S. C. C., Aug. 8, 1733.

It is grave to confer orders or tonsure on the subject of another without express consent, or without dimissorial letters of his Bishop, Trent, sess. 7, C. 10, 11, de Ref.; sess. 14, C. 2, de Ref.; sess. 23, C. 10, de Ref., or of his vicar general when the Bishop is acting for a long time in remote places, C. 3, de Temp. ordin. in 6, or of the capitular vicar after a year of vacancy, or within the year, but only on those constrained by reason of a benefice already received or to be received; i.e., either already obtained, or if they have been elected to it. Cf. Trent, sess. 21, C. 2, de Ref.; Lucidi, C. 2, n. 72. A neighboring Bishop can also ordain the subject of another if his own Bishop has been declared suspended by public sentence. C. Eos qui 2, de Tempor. ordinat. in 6. - A Bishop is bound by himself to confer orders on his own subjects; yet when a just cause intervenes, of sickness or another similar cause, e.g., absence, it is lawful for him to dismiss them to another Bishop. But the cause why the proper Bishop does not ordain must be expressed in the dimissorial letters. Trent, sess. 7, C. 11, de Ref.; sess. 23, C. 3. But they can be given to any Catholic Bishop, S. C. C., March 16, 1624, except to one who has renounced the episcopate, if he has yielded both the place and the dignity, C. 1, de Ordin. ab Episcopo, qui renuunt. And if they have been given by name to one in favor of the one to be ordained, it is open to him, with that one passed over, to approach another. L. 788. But they are had as in the manner of a grace made; therefore they do not expire when the right of the one giving is resolved, L. 787, nor are they suspended when he is suspended, unless they were given for a definite time or were revoked. - Lugo, Resp. Mor., l. 1, d. 32; E. M.

The praised Decree Vetuit of the S. C. C., Dec. 22, 1905, His Holiness Pius X established and decreed: "1. That in the future no local Ordinary admit into his Seminary a subject of another diocese, whether cleric or layman, unless he has first asked by secret letters from the proper Bishop of the petitioner and has learned whether this man was formerly dismissed from his Seminary. But if this is established, omitting judgment about the causes or determination whether the other Bishop acted justly or unjustly, let him bar entrance into his Seminary to the one asking. "2. But those who were admitted in good faith, because they kept silent that they had previously lived in another seminary and afterward were dismissed from it, as soon as this condition of theirs is known, are to be admonished to depart. But if they wish to remain, and this is permitted to them by the Ordinary, by that very fact they remain ascribed to this diocese, with the canonical rules for their incardination and ordination nevertheless observed; but once advanced to the priesthood, they are prohibited from returning to the diocese from whose Seminary they were dismissed and from having a stable domicile there. "3. Likewise, since almost a similar reason holds, those who, dismissed from Seminaries, enter some religious institute, if they leave it after they have been initiated in sacred orders, are forbidden to return to the diocese from whose Seminary they were dismissed. "4. But those dismissed from some religious Institute are not to be admitted into a Seminary unless the Bishop has first, by secret letters, sought information from the moderators of the same Institute about the morals, character, and ability of those dismissed, and it is established that there is nothing in them which is less suitable to the priestly state. Cf. here n. 279 bis. "Finally let Bishops remember that it is not lawful for them, in their own name, to impose hands on anyone who is not subject to them in that way and by one of those titles which are established in the Constitution Speculatores of Innocent XII and in the decree of the S. C. of the Council which begins A primis, on July 20, 1898. And likewise no one can be ordained who is not useful or necessary for the church or pious place for which he is assumed, according to the prescriptions of the holy Council of Trent in chap. 16, Sess. 23, de reform."

What of Regulars? - The things which precede, with special indult excluded, have place also in pious Congregations in which only simple vows are pronounced. S. C. EE. et RR., May 6, 1864; A. S. S., vol. 1, p. 366. Yet they are to be proposed by their own moderators. Leo XIII, Bull Conditae, § VI.

But Regulars of solemn vows from C. Cum nullus 3, § fin., de Temp. ord. in 6, must receive orders from the Bishop in whose diocese the monastery is where they are then staying. The Sacred Congregation by mandate of Clement VIII decreed that if that Bishop does not have an ordination, then the superior can give dimissorials to his subjects to any other Bishop whatever; nevertheless it is there prescribed to Regulars that they not deliberately defer the ordinations of their subjects to that time when the diocesan Bishop is not going to have an ordination or is going to be absent. And Benedict XIV established that if the diocesan Bishop is absent or is not going to have an ordination at the next legitimate established time, a religious cannot be ordained by another unless he shows an attestation of the vicar general, chancellor, or secretary of the same Bishop; otherwise both the one ordaining and the one thus ordained incur the censures and penalties which they incur who are ordained by some Bishop without dimissorials. Likewise he established that such a Regular must be examined by the ordaining Bishop; and that privileges of some Order, e.g., of the Society of Jesus, Gregory XIII, Sept. 22, 1582, that its religious be ordained by any Bishop, must be by name, not by communication. When the See is vacant, "within a year the Chapter can well grant permission to Regulars bringing dimissorials of their superiors, that they be ordained by some Bishop." L. 788. Yet a Bishop can ordain religious without formal examination by acquiescing in the testimony of their prelates, but he can also well examine them if he wishes, unless they have a special privilege. Benedict XIV, Constitution Impositi nobis, Feb. 27, 1747; Kenrick, tr. 20, n. 26. "Whoever in the City, whether from the secular clergy or from the regular, will be initiated in sacred orders, all without anyone excepted, every contrary privilege having been extinguished, shall undergo the test of doctrine in the Curia of Our Cardinal Vicar." Pius X, Motu Proprio Sacros. Trid. Syn., July 16, 1905.

From the aforesaid Motu Proprio of Pius X Sacros. Trid. Syn., July 16, 1905, "whoever from the number of ordinands shall have obtained a degree in Theology in some Pontifical University is decreed exempt from undergoing the test about theological matter." "By Motu Proprio we will and command that in Italy and the Islands subject to Italian dominion, all Religious, whether belonging to Institutes of simple vows or to those of solemn vows, are not to be promoted to sacred Orders before they have been proved suitable by the Bishop of the place through a diligent examination of doctrine; with any contrary privilege removed for this effect alone, even one worthy of most special and individual mention, and with any contrary custom abrogated, even centenary and immemorial, which we also prohibit from being introduced in the future." Pius X, March 19, 1906. This privilege of receiving orders without previous examination, exclusively proper to the Society of Jesus, therefore was revoked for Italy. - Constitution Pium of Gregory XIII; Constitution Quantum of Paul V.

Regulars of religious orders in which solemn vows are emitted, during the triennium of simple vows, can be ordained by the Ordinary of the place; yet during that triennium after the novitiate and before solemn profession, it is not lawful to grant them dimissorials except for first tonsure and minor orders. S. C. super Stat. Regul., June 12, 1858; S. C. EE. et RR., Jan. 20, 1860; A. S. S., vol. 1, p. 358 ff.

Whether novices are to be ordained by the Bishop of the place of novitiate, or by the Bishop of origin or domicile? - Suarez and Henriquez hold that they are to be ordained by the Bishop of origin or domicile. Sanchez and Delbene judge that they can well be ordained by the Bishop of the place where the novitiate is. "Each opinion is probable..., provided the novice has already remained in the novitiate for a notable time; and takes an oath there of remaining perpetually, insofar as it is in him." L. 765. - Benedict XIII, Constitution In suprema, Sept. 23, 1724; Benedict XIV, Constitution Impositi nobis, 1747, Inst. 23, n. 8; L. 768, 788, 792; A. S. S., vol. 23, p. 629 ff.; E. M.

Can a Bishop confer orders, or at least first tonsure, on his own subjects outside the diocese? - Resp. In the negative as regards orders, unless by permission of the Ordinary of the place. As regards tonsure, the first opinion denies, because from Trent it is forbidden to Bishops to exercise pontificals in another's diocese without permission of its Ordinary. And to confer first tonsure is a pontifical function. The second opinion affirms, because, since it is the more common and more probable opinion among theologians that tonsure is not an order, therefore it can well and customarily be conferred privately without pontifical insignia, for which permission of the Bishop of the place is not required. L. 256.

What is required for validly receiving orders? - For validly receiving ordination it is required and suffices that one be a baptized male. Therefore a woman is incapable of orders, and a hermaphrodite in whom the female sex prevails, and likewise one not baptized. On the contrary, infants, the perpetually insane, the blind, the mute, those deprived of hands, etc., are validly ordained, although by natural law they are irregular. Yet St. Thomas says that boys before the use of reason cannot validly receive the episcopate. - C. Tuae litterae, un., de Cler. per salt. prom.; Benedict XIV, Constitution Eo quamvis, § 20; L. 781, 782; St. Thomas, Suppl., q. 35, a. 3; q. 39, a. 1, 2; Lugo, Resp. Mor., l. 1, d. 31; E. M.

What is required for the licit reception of orders? - There is required 1. divine vocation, the state of grace, since order is a sacrament of the living, and probity of life. Cf. 166, 168. "Since in any order," says St. Thomas, Suppl., q. 36, a. 1, "someone is constituted a leader of others in divine things, one who approaches orders with consciousness of mortal sin sins mortally as presumptuous. And therefore holiness of life is required for order by necessity of precept, but not by necessity of the sacrament. Hence if an evil man is ordained, nevertheless he has order, though with sin... The ordained must shine with a good conscience as regards God, and with good reputation as regards men." For through the sacred ministry they are made mediators between God and the people. Hence consequently one promoting the unworthy sins gravely, "especially since this turns to the detriment of the Church and of divine honor." St. Thomas, Suppl., q. 36, a. 4.

Therefore spiritual exercises are altogether suitably put before the reception of orders; and they are in fact prescribed for clerics to be assumed to sacred orders in Italy and the adjacent islands. Innocent XI, Oct. 9, 1682; Clement XI, Feb. 1, 1710; Ferraris, Bibl., v. Exerc. spirit.; Benedict XIV, Not. 104. - And, so that there may be proof of this probity of life, the names of those who are to be assumed to individual major orders are to be proposed publicly in the Church; and those who are promoted to minor orders must obtain good testimony from the pastor and from the teacher of the school in which they are educated. Besides, the Bishop is bound to investigate the morals of those to be ordained and the other qualities required in them. Trent, sess. 23, C. 5, 7, de Ref.; sess. 22, C. 2, de Ref.; sess. 24, C. 1, de Ref.; E. M.

From the Norms of the S. C. EE. et RR. for Italy, Jan. 18, 1908, immediately before ordination those to be ordained must make spiritual exercises for ten days before major orders, for five before minor orders. - From the aforesaid Norms the Bishop must seek information from pastors and from Superiors of Institutes in which they stayed before they entered the Seminary, then from members of the Tridentine Commission, from the Rector and from the Professors of the seminary. If the pupils are extra-diocesan, the Bishop will send their petitions, together with his own judgment concerning ordination, to their Ordinary, who will either dispatch dimissorial letters or summon the pupils for sacred ordination after he has taken suitable information, as was said above. - Cf. here n. 893 at the end. Decree Vetuit.

There is required 2. that the one to be ordained not be a neophyte, servant or slave, mutilated in some member, of notable infamy, or such as would impede the execution of the order, a hermaphrodite, illegitimately born, a homicide, infamous, or irregular in any way, suspended, excommunicated. - 1 Tim. 3:6; L. 782, 784; St. Thomas, Suppl., q. 39, a. 3, 6; E. M.

When can a married man be initiated in sacred orders? - It is certain that without the permission of the wife it is not lawful for a married man to receive sacred orders, nor even first tonsure. C. Nullus, ult., de Temp. ord. in 6; Extravag. Antiquae, de Voto. But a married man can licitly be promoted to sacred orders if from a just cause he has made perpetual divorce from his wife, from the sentence of a judge, C. Agathosa, caus. 27, q. 2, or from permission of the wife, provided she herself vows chastity, C. Coniugatus 5, de Convers. coniugat., and provided the permission is express and altogether spontaneous, C. Consuluit, e.t.

But more truly the wife is not bound to profess Religion, C. Coniugatus cited, unless the husband is assumed to the episcopate, for then the wife must altogether enter Religion, C. Sane 6, de Convers. coniug.; and likewise unless the husband became a religious, and the wife was young or suspected of incontinence, C. Cum sis 4, e.t. - But does the woman of this man promoted to sacred orders, if she emitted a simple vow of chastity, validly contract marriage after the death of the husband? The first opinion denies, from C. Quia sunt 10, D. 28, where it is said of such a marriage: Those who have been joined badly are to be separated. The second opinion affirms; for although separation of the aforesaid spouses is prescribed as a penalty for the crime admitted, nevertheless it is not declared that the marriage is null. - L. 812, 826, 969; St. Thomas, Suppl., q. 53, a. 4; Schmalzgrueber, l. 3, t. 32, n. 19 ff.; Benedict XIV, de Syn., l. 13, c. 12, n. 7 ff.

There is required 3. an intention of being clerical, Trent, sess. 23, C. 4, de Ref. It is certain and common that he who receives major orders and does not intend to receive the priesthood does not sin gravely, Trent, ib.; and it is probable that there is no sin, because by no law is it prescribed to ascend to superior orders. C. Is qui, de Fil. presb. in 6. - But he would sin who would receive first tonsure or minor orders with the intention of escaping the lay forum, and afterward, when fear of lay judgment had ceased, of returning to the world, Trent, ib. - L. 783, 785; Sanchez, tr. 9, c. 2, n. 88; E. M.

There is required 4. that he be confirmed. Trent, sess. 23, C. 4, de Ref. But is this required under grave precept? Some affirm, others judge that this is not of precept, but of counsel, others commonly and more probably say that it is required under light obligation because of light disorder. L. 786. "By congruity," says St. Thomas, Suppl., q. 34, a. 4, "the character of order presupposes the character of confirmation, and not by necessity." Nevertheless the S. C. C., Sept. 27, 1601, declared that one initiated in first tonsure and minor orders before confirmation was received had been "badly promoted, had acquired a benefice less legitimately, and needed a new provision, nor could he ascend to sacred orders unless with a previous dispensation of the Apostolic See." Benedict XIV, Constitution Eo quamvis tempore, § 19.

There is required 5. that, besides testimonial letters, cf. 893, he have dimissorial letters of his own Bishop, if he is ordained not by his own Bishop but by another, when a just cause stands. Trent, sess. 14, C. 1, 2, de Ref.; L. 787, 789. Exempt Regulars must have dimissorials from their Prelates, namely Generals or Provincials. For by these letters the Bishop or Prelate, by force of his jurisdiction, deputes or asks another to confer orders on his subject. L. 788; E. M.

Poles cannot be ordained in Italy without authentic testimonial letters of their own Ordinary; and they cannot be recommended to Bishops of North America without permission of the S. C. de Prop. Fide. S. C. de Prop. Fide, May 2, 1898.

There is required 6. an examination of suitable knowledge, according to the order which is received. The Bishop is bound by himself or through others to examine those to be ordained, although he sends them to another Bishop to be ordained, unless from elsewhere he is certain of their suitability. Reg. 31, Iur. in 6; Trent, sess. 6, C. 11, de Ref.; sess. 14, C. 3, de Ref.; sess. 23, C. 3, 7, 12, 14, de Ref.; L. 790, 792. If those to be ordained were sent to a foreign Bishop, if by another Bishop, the one ordaining can examine them again; if by a Regular Prelate, he must examine them again. S. C. C., Jan. 16, 1595; L. 787; Lucidi, n. 75 ff.; Benedict XIV, Not. 23, n. 8. - Cf. here 894.

From Trent, sess. 23, CC. 4, 5, 11, 13, 14, 15, de Ref., for first tonsure it is required that they know the rudiments of faith, likewise reading and writing; for minor orders, that they at least understand the Latin language; for subdiaconate and diaconate, that they be "instructed in letters and in those things which pertain to exercising the order"; for priesthood, that "after diligent examination has preceded, they be approved as suitable for teaching the people those things which it is necessary for all to know for salvation, and for ministering the sacraments." Therefore those to be ordained priests must know those things which pertain to the sacrifice, to the Communion and Viaticum of the faithful, to baptism, and to extreme unction, of which they are ministers. But concerning the sacrament of penance, so much knowledge is not required as in a confessor, but they must at least have some knowledge concerning the more obvious matters for cases of necessity in which they are bound to receive Confessions. L. 791; St. Thomas, 4, dist. 23, q. 1, a. 3, q. 2. Yet the Bishop is not prohibited from requiring greater knowledge from his subjects than is assigned by Trent. L. 792. Those who have professed a Religion of merely contemplative life are to be treated more benignly. L. 791; St. Thomas, loc. cit., ad 1. On the contrary, greater knowledge is required in priests who are to have the care of souls, since "such knowledge is required in him who is to be promoted to orders... more or less, according as his office extends to more or fewer things." St. Thomas, Suppl., q. 36, a. 2. Far greater knowledge still is required in Bishops. For "it belongs to the higher priests, namely Bishops, to know even those things which can cause difficulty, and so much the more as they are placed in a higher grade." St. Thomas, Suppl., q. 36, a. 2. As regards the knowledge required in a Bishop, cf. 203. "Those professed both of solemn vows and of simple vows are not to be admitted by local Ordinaries to sacred orders, unless, besides the other things established by law, they present testimonial letters that they have devoted at least one year to sacred theology, if there is question of the subdiaconate; at least two years, if of the diaconate; and as regards the priesthood, at least three years, with the regular course of other studies having first been completed." S. C. EE. et RR., Nov. 4, 1892. Cf. here 894, 909.

Moreover, a fourth year is afterward to be added: the years must be complete, truly academic, and truly scholastic; and a regular course of other studies imports studies duly completed, both philosophical, together with other accessory disciplines, and of humane letters for five years, of which at least four years, besides primary instruction, must be completed before entrance into the novitiate.

Superiors, in testimonial letters, must expressly declare and attest the following: 1. as regards the theological curriculum, that the candidate, from such a year, month, and day, to such a year, month, and day, and in such a school, duly applied himself to the theological studies necessary for the sacred Order to which he is presented, and in the final trial or examination was found suitable; 2. as regards the lower studies to be put before the same curriculum: a) that the same candidate, after the studies of primary instruction were duly completed, completed in full the studies of humane letters in such a school, and for so many academic or scholastic years, having successfully passed the final trial; b) that the aforesaid candidate, after the studies of humane letters were rightly completed, completed in full the philosophical curriculum in such a school, and for so many academic or scholastic years, and successfully passed the final trial. S. C. de Relig., Sept. 7, 1902.

From the Norms of the S. C. EE. et RR. for Italy, no one, although he has the prescribed age, can be promoted to the subdiaconate before he has devoted himself to theology in the third year; to the diaconate before Easter of the fourth year of theological study; and to the priesthood before the end of the same year. Cf. 909. For the effect of sacred ordination, the years of studies must be complete, namely, the course of nine months must have been completed, and the final trial successfully passed. S. C. Cons., March 24, 1911.

Those who are prone to the errors of modernism are to be excluded from sacred orders. The oath is to be taken according to the Motu Proprio Sacrorum Antistitum, and it is enough that it be made before the order of subdiaconate. But the Ordinary, from a necessary or useful cause, can require it also before each of the other orders. S. C. Cons., March 24, 1911.

Pius X, in the Letter to the Italian Bishops, July 28, 1906, says that Bishops must promote, as the Tridentine prescribes, according to the necessity of the dioceses, selecting only those who are truly suitable.

There is required 7. that one be ordained through the due intervals of times. It is more probably lawful to confer first tonsure with some minor order, since first tonsure is not an order; Rome excepted. Lucidi, C. 2, n. 119. Between one minor order and another some time is required, which was not determined by Trent, sess. 23, C. 11, de Ref.; and in this the Bishop can well dispense, if from some cause something else seems expedient to him. From minor orders to the subdiaconate there is required under grave obligation the space of one year, unless necessity or the utility of the Church, in the judgment of the Bishop, demands otherwise. Trent, ibid., of the Church to which the cleric is ascribed. From the subdiaconate to the diaconate the space of a year is also required; nevertheless, for dispensing with this, any reasonable cause suffices, in the judgment of the Bishop. Trent, sess. 23, C. 13. From the diaconate to the priesthood there is required at least the space of a year, unless, on account of the utility and necessity of the Church, something else should seem good to the Bishop. Trent, sess. 23, C. 14. These words the S. C. C. declared are to be understood disjunctively, so that even utility alone is sufficient, in the judgment of the Bishop. But it is much more grave to receive two sacred orders on one and the same day, Trent, sess. 23, C. 13, or minor orders together with the subdiaconate, as is shown by common custom itself. Cf. C. Cum 2, C. Innotuit 3, de Eo qui furtive; L. 775, 780, 789, de Priv. 59; A. S. S., vol. 25, p. 587; E. M. "The remission of intervals, for the causes expressed by the Council, belongs to the ordaining Bishop as regards Regulars receiving orders from him, but not to Regular Superiors. The Bishop himself, nevertheless, concerning the causes for remission, is bound to give credence and deference to the testimony of the Regular Superior." S. C. C., Sept. 12, 1603; Benedict XIV, Inst. 57, n. 1.

Leo XII granted to the Society of Jesus the privilege of receiving orders without any observance of intervals. Brief Plura inter, July 11, 1826. Clement VIII granted to the Congregation of St. John the Evangelist in Lusitania the same dispensation from intervals. Ferraris, v. Interstitia, n. 14-16. Cf. here n. 906.

There is required 8. under grave obligation, that first tonsure be received before minor orders, and the lower order before the higher. C. Tuae, un., de Cler. per salt. ord. But if someone were to receive the episcopate before the priesthood, he would receive even that invalidly. L. 793; Trent, sess. 23, de Ref., C. 11; Pius VI, Bull Auctorem fidei, n. 51.

There is required 9. that one be ordained at the due time. Major orders can be conferred only on the Saturdays of Ember days, on the Saturday before Passion Sunday, and on Holy Saturday; and under grave obligation they are to be conferred within Mass. From a just cause the one ordaining is permitted to defer part of the ordination to the following Sunday, with the fast of Saturday continued by him and by those to be ordained. C. Litteras 13, C. Dilectus 15, de Temp. ord.

Minor orders can be given on any feast of precept, in the present, or before the reduction, if they are conferred on one or two, or even several, provided a general ordination does not seem to be taking place. Pont. Rom.; C. De eo 3, e.t.; S. R. C., March 16, 1833. Minor orders can also be conferred publicly on Wednesday before the Saturday of general ordination, and also on Friday of the general ordination of Ember days, provided there is custom, which Palaus, Salm., Barbosa, with others, testify has already been received. It is fitting to confer them in Mass; and they ought to be conferred before noon, Pont. Rom.; S. R. C., Nov. 12, 1831, Marsor., ad 1, unless there is an immemorial contrary custom. S. C. C., April 13, 1720. The consecration of a Bishop can take place on any Sunday, C. Ordinationes 1, 5, C. Quod die, Dist. 75, and on the birthdays of the Apostles, or, by special indult of the Supreme Pontiff, on other feasts of precept, even suppressed ones; and at the third hour of the day. Pont. Rom.; S. R. C., April 4, 1913. First tonsure can be conferred on any day and hour, even in the evening. "I. Since the Evangelists are equated with the Apostles in liturgical matters, it is asked whether episcopal consecration can take place on the birthdays of St. Luke and St. Mark? II. Whether it can take place on the feast of St. Barnabas the Apostle? III. Whether a special indult of the Supreme Pontiff is required for episcopal consecration to be carried out on festive days within the week a) which are still of precept and therefore are equated with Sundays, b) or also which were formerly of precept, that is, on suppressed feasts? Resp. To I and II: In the negative. To III: In the affirmative to both." S. R. C., April 4, 1913; A. A. S., vol. 5, p. 186.

Regulars can, by license of their prelates, be ordained outside the times by force of the privilege granted to them by Gregory XIII, Clement VIII, Urban VIII, and Benedict XIII. Conc. Rom., t. 5, C. 2; Benedict XIV, Notif. 23, n. 5. Outside the times, namely, on a Sunday or festive day of precept; of precept before the reduction. S. C. C., Jan. 15, 1689; S. R. C., March 16, 1833, Clarom. Cf. Benedict XIV, Const. Impositi nobis, § 12.

The Society of Jesus specifically has in this matter a privilege which Benedict XIV, loc. cit., affirms does not avail for others to whom it was not directly granted: that, without their students being bound to receive orders from the diocesan Bishop, they can be sent to any Catholic Bishop; likewise, that they can receive sacred orders outside the times and without observing the intervals, even on three continuous Sundays or feast days. L. 794, 797; Lugo, Resp. Mor., l. 1, d. 34; Benedict XIV, de Syn., l. 8, c. 11, n. 3-7, Notif. 23; Honorante, Prax. Secr., cap. 12. Cf. vol. 1, n. 275; E. M.

The Premonstratensians also have the privilege that they may be ordained outside the times, and on three festive days even continuous, by any Catholic prelate. Benedict XIII, Jan. 24, 1730.

A Bishop enjoying an indult to confer orders outside the times and without observing the intervals can use it also toward subjects of others who have dimissorial letters from their Ordinaries. S. C. de Sacram., Aug. 13, 1909.

Can Regulars, when they are ordained outside the times, be ordained on any double feast, even if it is not of precept? There are two opinions. The first affirms, because Alexander VI, speaking of those to be initiated through this privilege, said that they could be ordained on three Sundays or doubles. The second opinion denies, because Gregory XIII, speaking of this same privilege, said on Sundays and festive days. St. Alph., 797, says: "This second opinion is safer, and seems more probable; but I do not dare to reject the first, and I say that one must stand by custom, which is the best interpreter of laws." Now custom stands for the second opinion, which is also favored by S. C. C., Jan. 15, 1689. But when the faculty is given of conferring sacred orders on festive days, they can also be conferred on abrogated feasts. S. R. C., Nov. 12, 1831, Marsor., ad 1; March 16, 1833, n. 2705.

But unless there is a special indult that orders may be received on festive days even continuous, orders outside the times are to be conferred on festive days not continuous, but interposed. S. O., March 5, 1712, C. n. 1187.

There is required 10. the due place. From Trent, sess. 23, C. 8, sacred orders are to be conferred in the Cathedral church; or, if they are conferred in another place, in the worthier church of the place, as far as can be done. But from S. C. C., Nov. 20, 1594, if the ordination is not general, the Bishop can have it anywhere, even in his private chapel. Orders, however, cannot be conferred outside the diocese without permission of the Ordinary of the place, and then the Bishop can ordain both subjects of others and his own subjects. Trent, sess. 6, C. 5; L. 798. First tonsure and minor orders can be conferred in any place whatever, Pont. Rom. The consecration of a Bishop, apart from an indult and outside the Roman Curia, is to be celebrated in the church to which the Bishop is promoted, or in the province, if this can conveniently be done. Trent, sess. 23, c. 2, de Ref.

There is required 11. the due age. For first tonsure it is required that the one to be initiated be endowed with the use of reason, and therefore be at least seven years old. Benedict XIV, Const. Inter sollicitas, 1745, § 19. For minor orders no age is assigned in the law; nevertheless they are usually conferred from the seventh to the fourteenth year. Benedict XIV, ibid. For the subdiaconate the twenty-second year is established, for the diaconate the twenty-third year, and for the priesthood the twenty-fifth year. Trent, sess. 23, C. 13, de Ref. But it suffices that the prescribed year has begun. Trent, sess. 24, C. 12, de Ref. For the episcopate the thirtieth year completed is required, and the same is said for the Cardinalate, although by concession of Sixtus V, Const. Postquam, 1586, Cardinal Deacons can be of the age of twenty-two years. For beneficiaries, however, the fourteenth year is required from Trent, sess. 23, C. 6, de Ref. But, if the benefice is one with cure, the twenty-fifth year is required, at least begun. Trent, sess. 24, C. 12. For a canonry in Cathedrals the twenty-second year begun is required. Trent, sess. 22, C. 4. But for a penitentiary the fortieth year is required. Trent, sess. 24, C. 8, de Ref. In collegiate churches, however, the fourteenth year suffices, since nothing has been established for this in the law. "It is certain, moreover, that Bishops can in no way dispense in age." L. 800. L. 783, 799, 800; St. Thomas, Suppl., q. 39, a. 2; E. M.

Dispensation is given by the Supreme Pontiff. For the subdiaconate it is never dispensed; rarely for the diaconate; frequently for the priesthood, up to one year and a half and some days.

From the Norms of the S. C. EE. et RR., Jan. 18, 1908, for Italy, first tonsure is conferred on pupils who attend the propaedeutic course, minor orders on those who are in the first two years of theology, the subdiaconate on those who have completed the third year of theology, although they have the age prescribed by the Council of Trent, the diaconate not before Easter of the fourth year of theology, the priesthood not before the end of the same fourth year. Cf. here n. 903.

There is required 12. that one exercise the order previously received in the church to which he has been ascribed, according to Trent, sess. 23, C. 11, 13, 14, de Ref. But Salm., C. 4, n. 74, think this is not of grave precept, since the words of the Council are more consultative than preceptive. L. 801.

There is required 13. according as the Pontifical prescribes, that those to be ordained receive the Eucharist; but this is not under mortal sin, as La-Croix says, 1225. Indeed, those to be initiated to minor orders are not bound to communicate even under light obligation. Priests, however, are more truly bound to communicate under mortal sin, since they truly celebrate with the Bishop. St. Thomas, III, q. 32, a. 2; L. 301.

There is required 14. as regards receiving sacred orders, a title of honest support, Trent, sess. 21, C. 2; otherwise the Bishop ordaining or granting dimissorials is himself bound to support the one ordained in sacred orders until that man has a title. C. Cum secundum, de Praeb.; C. Recepimus, de Aetate et qualit. ordin. The ordinary, ecclesiastical title of support can be either poverty or a benefice sufficient for support, according to the synodal assessment of his diocese. By the title of poverty only solemnly professed Regulars are ordained, but not novices. St. Pius V, Const. Romanus Pontifex. For when the solemn vow of poverty has been emitted, there is a certain hope of support from the goods of the community. Leo XIII, Bull Conditae, § VI. The Passionists are excepted. The religious of the Society of Jesus are excepted, who can be ordained after simple vows; and if afterward they are dismissed from religion, the Society is by no means bound to support them. As regards the title of benefice, it is required that the benefice already be possessed peacefully. In the name of a benefice someone can also be ordained under the title of perpetual coadjutorship, or of daily distributions, or of chaplaincy, or of pension, or of perpetual prestimony; but Mass stipends by no means suffice for a title, since they are uncertain. "But he cannot resign that benefice unless mention is made that he was promoted under the title of that benefice; nor is that resignation to be admitted unless it is established that he can live suitably from elsewhere." Trent, sess. 21, C. 3, de Ref.

Besides the ecclesiastical title of benefice and of poverty, there is also the patrimonial title, which is extraordinary, namely, of patrimony or pension. As regards the title of patrimony, not all can be ordained under this title, but only those whom the Bishop judges are to be assumed for the necessity or convenience of his churches. Trent, sess. 21, C. 2, de Ref. Cf. 904. The patrimony must be constituted in legal form, upon a certain and immovable thing, and of its nature fruitful, or quasi-immovable, as in public bonds, S. C. C., June 29, 1704, peacefully possessed, and not burdened by debt or mortgage. By pension, however, a perpetual revenue suffices, even one redeemable, provided that, if it is redeemed, it is applied to the purchase of another revenue or of lands. It also suffices if someone, from his revenues, donates by instrument so many annual gold coins as are sufficient for support.

It suffices that some Count or Community obligate its goods for supporting the cleric. The title of one's own industry does not suffice. Patrimony cannot be renounced without the Bishop's permission, even after the attainment of a benefice sufficient for support. The Bishop's permission, however, suffices if someone either obtains a sufficient ecclesiastical benefice, or from elsewhere has that from which he can live. Trent, loc. cit.; L. 813-824; Benedict XIV, Notif. 26.

There are other extraordinary titles, for which a particular Indult of the Apostolic See is needed. As regards Regulars, there is the title of the common table, namely, for those Regulars who either pronounce no vows, or only simple vows. For secular clerics there is also the title of service of the church, and the title of mission. Collect. S. C. de P. F., n. 1179 ff.; E. M., Suppl. alter., p. 4 ff. They cannot depart from the church and from the mission, and they are supported by the alms of the faithful.

The alumni of the American College of Louvain, clerics of the United States of North America, who by force of the Pontifical Indult of Jan. 2, 1909, are promoted to sacred orders under the title of service of the church, are bound to issue a written promise that they will serve their own diocese faithfully. S. C. Cons., July 29, 1909.

A title can indeed be lost, but then another must absolutely be substituted for the lost title. And Regulars of solemn or simple vows constituted in sacred orders, expelled or dismissed, remain perpetually suspended, "until provision is made for them in another way by the Holy See; and, moreover, they have found a benevolent Bishop to receive them, and have provided for themselves an ecclesiastical patrimony." But those who have voluntarily obtained dismissal, or have been dispensed from simple vows, or are free from them because the time of temporary vows has elapsed, "are not to leave the cloister until they have found a benevolent Bishop to receive them, and have provided for themselves an ecclesiastical patrimony; otherwise they remain suspended from the exercise of the orders received." Decree Auctis admodum, S. C. EE. et RR., Nov. 4, 1892. E. M.

To dispense from the title of sacred ordination belongs to the S. C. C. S. C. Cons., Feb. 27, 1909.

There is required 15. from the Decrees of the S. O., Sept. 9, 1875, and Aug. 31, 1904, that clerics to be initiated in sacred orders have first satisfied the active and regular military service to which they are subject. Likewise, from the Decree of S. C. EE. et RR., Nov. 27, 1892, Regulars cannot emit solemn profession, nor receive sacred orders, unless they have first satisfied the active and regular military service to which they are subject. Cf. here n. 277; E. M.

There is required 16. as regards Regulars of Religious Orders to be initiated in sacred orders, that they have emitted the profession of solemn vows. But Regulars of Institutes of simple vows cannot receive sacred orders unless "they have already emitted vows which are indeed simple, but perpetual, and have been stably aggregated to their own Institute; or at least have remained for three years in temporary simple vows as regards those Institutes which defer perpetual profession beyond three years," all indults and privileges previously granted being revoked. But when a legitimate cause occurs, dispensation can be sought from the Apostolic See, "that a cleric may be able to pronounce solemn vows, although he has not completed the three years" of simple vows, as regards Regular Orders; "but as regards Institutes of simple vows, that he may be able to emit simple perpetual vows, although the time prescribed by the Constitutions of the respective Institute for the profession of simple perpetual vows has not been completed." S. C. EE. et RR., Nov. 4, 1892. E. M.

Whether or how does an ordained man sin who omits the recitation of the prayers which after ordination are imposed by the Bishop by way of penance; and what are those prayers? As regards the omission, the authors do not agree. For some say that he sins gravely, because the matter of the precept is grave. Others hold that he does not sin at all, because the Bishop does not impose a precept. Others finally judge that an omission of this sort is not indeed free from fault, but does not exceed venial sin. This opinion seems more probable. Cf. St. Lig., 289.

As regards the prayers, "for the nocturn of such a day, which the ordaining Bishop is accustomed to impose on subdeacons and deacons, there is to be understood the ferial nocturn, or the first nocturn of the feast or Sunday in the Psalter, according as the ordination was held on a feria, feast, or Sunday." S. R. C., June 27, 1899, Urbis, ad 1. Nevertheless the ordaining Bishop can enjoin another nocturn instead of the nocturn of the day. S. R. C., ibid., ad 2. The psalms with the respective antiphons suffice for such a nocturn, and Ps. Venite exultemus, the hymn, and the lessons are not to be added. S. R. C., July 10, 1903, n. 4042, 4117.

Whether or how are newly ordained priests bound to read the three Masses prescribed by the Bishop? They are not bound to apply them according to the Bishop's intention, and therefore they can accept a stipend for them. Nor does a grave obligation to celebrate those Masses appear; nor are they to be said before unobstructed days arrive, since they must be votive Masses: of the Holy Spirit, of the Blessed Virgin Mary, and for the Dead. S. R. C., April 11, 1840; L. ibid.; E. M.

To what are priests bound by force of the obedience which they promised to the Bishop in ordination? Benedict XIV explains it thus in the Epistle Ex quo dilectus: "We acknowledge that a priest, by force of this promise, is held bound, among other things, by this law: that he cannot depart from the service of the Church to which he has been assigned without the license of the Bishop." L. 823.

Does a cleric, initiated in minor orders, sin if he takes a wife? Speaking per se, it is certain that he does not sin gravely, indeed not even lightly, if he does this from a just cause, for example to quiet enmities or temptations of the flesh, to assist a poor woman, etc.; otherwise he will not be excused from venial sin. For by no law is he bound to receive sacred orders, but he still remains free. Yet he is not without a certain disorder if, after he has devoted himself to divine worship, without sufficient reason he says farewell to the clerical state which he has already professed, and returns to the enticements of the world. If he contracted marriage with one woman and a virgin, wore clerical garments, and was deputed by the Bishop to the service of some church, he would enjoy the privileges of the canon and of the forum, not others. Of the forum in criminal causes, not in others. Pont. Rom., de Ordin. subd.; C. Clerici, de Cler. coni. in 6; Trent, sess. 23, C. 6, 17, de Ref.; L. 783, 785.

1. "In the year 1790 a certain young Frenchman, born from the diocese of Nantes, entered Tonkin; he seems suitable to receive orders and intends to devote himself to the Tonkin Mission. But in doubt whether dimissorial letters can be obtained from the bishop of his native diocese, it is asked whether it is not lawful for apostolic vicars to ordain, without dimissorial letters, those whose Ordinaries are so distant that recourse to them is most difficult, especially after the ordinands of whom there is question have dwelt for at least three years under the jurisdiction of the apostolic vicars and have been supported at their expense, as of their family?

R. It is not lawful, but it can be permitted to the apostolic vicar of Tonkin, in the Case of the young Frenchman from the diocese of Nantes, considering the circumstances, to enroll him in the clerical militia and promote him to orders without the dimissorial letters of his Ordinary, if no impediment exists and insofar as he is found suitable. - The Most Holy approved." S. C. de P. F., Jan. 18, 1793; A. S. S., vol. 25, p. 577.

2. Benedictus, a monk of the Benedictine Congregation, received first tonsure and minor orders from the abbot of his monastery. But Benedictus is greatly afflicted, doubting about the validity of such ordination, since the abbot of the monastery, although he was legitimately elected in chapter, nevertheless did not receive the blessing.

It is asked: What is to be said to the Case?

R. Abbots indeed can confer first tonsure and minor orders on their regular subjects, as is established from the Council of Trent, sess. 23, c. 10, de R. But, "so that they can use this power, they must not only be constituted in the order of priesthood, but they must besides obtain the blessing from the bishop, unless perhaps the bishop, being requested a third time with humility and devotion, as is fitting, should refuse to bless them, according to the text in c. Statuimus, de Suppl. neglig. praelator., or unless they are supported by some other peculiar privilege, by which power is made for them, even without receiving the office of blessing, to perform all things which belong to abbots, in some way consecrated by the blessing of the bishop."

Thus Benedict XIV, de Syn., l. 2, c. 11, n. 9. Therefore, if the abbot of the monastery in the Case did not receive the blessing because the bishop, having been requested, refused to give it, Benedictus was surely validly initiated by first tonsure and minor orders, as is had from the aforesaid c. 1, de Suppl. neglig. praelat. Nor indeed "can it be doubted that the Pope can concede this, because that blessing does not imprint character, nor is it from the institution of Christ so that it should be considered necessary for this concession; therefore, just as the Pope can commit Confirmation to a simple priest without some previous blessing, so also ordination; and thus for that Case in fact he committed it." Suarez, de Relig., tom. 4, l. 2, c. 29, n. 16. Indeed for that Case it is said in the aforesaid Decretal that it is lawful for abbots to bless their own monks and to exercise other things which pertain to an office of this sort. But if the abbot of the monastery in the Case did not receive the blessing because he omitted to ask for it, or because he is a triennial abbot, who is not blessed since he is not perpetual, and the blessing is, as it were, perpetual and indelible, then the difficulty is greater. "Some," says Suarez in the place cited, n. 17, "affirm this from privileges conceded to the Cistercian family in Spain." But the same Suarez affirms it, as is to be seen both in this n. 17 and in n. 25 and n. 28. And as is clearly affirmed in the aforesaid nn. 17 and 25, and deduced from n. 28, Suarez affirms this generally not only about Cistercian abbots, but about all abbots who, namely, possess the true office and dignity of abbot. Mention of the same privileges is also had apud Diana, coordinated ed., tom. 2, tr. 5, resol. 81. But Benedict XIV denies it, as clearly appears from the text cited above and from Quaest. Canon. 373, unless namely there is a special privilege. Decisions of the S. C. C. surely seem to require blessing or privilege. For the S. C. C. constantly affirms that abbots of this sort can indeed confer first tonsure and minor orders on their regular subjects if they are solemnly blessed and priests; or those to whom a privilege has been conceded by the Apostolic See that they can do all things which blessed abbots can do. Cf. Benedict XIV, Quaest. Can., cited. Wherefore it must be concluded that Benedictus illicitly and invalidly received first tonsure and minor orders, if the abbot of the monastery did not have the aforesaid privilege.

704. Principles. - I. The Bishop alone is the ordinary Minister of the Sacrament of Order. This is established: first, from Scripture, which attributes the right of conferring Orders to none other than the Apostles and the Bishops, their successors. - Acts of the Apostles 6:6 and 14:22. - 2 Timothy 1:6.

Second, from perpetual tradition, which innumerable Councils demonstrate, but especially those of Florence and Trent. For thus the Council of Florence in the Decree of Union: The ordinary Minister of this Sacrament (of Order) is the Bishop. And the Council of Trent, session 23, canon 7: If anyone says that Bishops are not superior to Priests, or do not have the power of confirming and ordaining, or that the power which they have is common to them with Priests..., let him be anathema.

II. A simple Priest, by commission of the Supreme Pontiff, can be the extraordinary Minister of tonsure and the four minor Orders.

This is proved from the Councils, especially from the Council of Trent, session 23, chapter 10, On Reformation, where it is said: It is not lawful hereafter for Abbots or any others whatsoever, however exempt and privileged, to confer tonsure or minor Orders upon anyone who is not a Regular subject to them. Therefore, the Council of Trent supposes that they can confer Orders upon their own Religious. - Thus most commonly. - St. Ligorius, no. 762.

705. • III. A Bishop can licitly ordain only his own subjects, but cannot licitly ordain others without the faculty of their Bishop.

This is gathered from the Council of Trent, session 23, chapter 8, On Reformation: Let each one be ordained by his own Bishop; but if anyone asks to be promoted by another, let this in no way be permitted to him unless his probity and morals are commended by the testimony of his own Ordinary.... If it is done otherwise, let the one ordaining be suspended from the conferral of Orders for a year, and the one ordained from the exercise of the Orders received for as long as shall appear expedient to his own Ordinary ¹.

¹ The Constitution of Our Most Holy Lord Pope Pius IX, Apostolicae Sedis, October 12, 1869, reserves this latae sententiae suspension to the Supreme Pontiff in these words: Those ordaining the subject of another, even under the pretext of a Benefice to be conferred immediately or already conferred but by no means sufficient, without dimissorial letters of his Bishop, or even their own subject who has remained elsewhere for so long a time that he could have contracted a canonical impediment there, without testimonial letters of the Ordinary of that place, incur by the law itself suspension for a year from the administration of Orders.

The following suspension is likewise reserved to the Apostolic See: Secular Clerics from outside, residing in the City for more than four months, ordained by someone other than their own Ordinary without the permission of the Cardinal Vicar of the City, or without a previous examination conducted before him, or even by their own Ordinary after they have been rejected in the aforesaid examination; likewise Clerics belonging to any of the six suburbicarian Episcopal sees, if they are ordained outside their own diocese with the dimissorial letters of their Ordinary directed to someone other than the Cardinal Vicar of the City... incur by the law itself suspension from the Orders thus received at the good pleasure of the Holy See; but the Bishops ordaining them incur suspension from the use of Pontificals for a year.

706. Questions. - QUESTION 1. Who is considered the proper Bishop of the one to be ordained?

Reply. A Bishop can be proper by a threefold title, namely: first, by title of the nativity of the one to be ordained, or when the one to be ordained was born in his diocese, though not by chance; second, by title of domicile, or when the one to be ordained has a true and proper domicile in that diocese, and not merely a quasi-domicile; third, by title of benefice, or when the one to be ordained possesses a benefice in the Bishop's diocese. - Thus Boniface VIII, chapter Cum nullus ordinandorum.

To the threefold title which we have mentioned, a fourth is added, namely, the title of familiarity, by force of which a Bishop can ordain his familiar who is not his subject if he has had him with himself for three years and, with all fraud removed, immediately confers a benefice upon him. - Thus the Council of Trent, session 23, chapter 9, On Reformation. - St. Ligorius, no. 780.

In France, by general practice, the Bishop of origin alone is accustomed to ordain; nevertheless, such a custom is not considered to have the force of law. Therefore, a Bishop ordaining someone by reason of domicile would not sin. - Bouvier, chapter 4, article 3. - Gousset, no. 648.

707. • QUESTION 2. Who can grant dimissorial letters?

Reply 1. When the see is not vacant, the Bishop of the one to be ordained alone can give dimissorial letters, either by himself or through his Vicars General, upon whom Bishops ordinarily confer this faculty. For it belongs to the Bishop alone to govern the diocese and by ordinary right to confer Orders. Reply 2. When the See is vacant, the Chapter indeed has the faculty of granting dimissorial letters, but not within one year from the day of the vacancy. - Thus from the Council of Trent, session 7, chapter 10, On Reformation.

708. • QUESTION 3. By which Bishop are Regulars to be ordained?

Reply. Regulars are to be ordained by the Bishop in whose diocese is the monastery where they then reside. - Thus from the chapter Cum nullus.

If, however, the Bishop is absent or cannot hold an ordination, the Superior, after delivering dimissorial letters, can send his subjects to any Bishop to be ordained, provided that they show this Bishop the testimony of the Vicar General, chancellor, or secretary of their own Bishop. - See St. Ligorius, no. 788.

In the ordination of Regulars, however, the provision of the Roman Pontifical is to be observed as regards the formula: Do you promise obedience to your Ordinary?, etc. - Thus the Sacred Congregation of Rites, July 22, 1848, in a case from Ghent.

QUESTION 4. What Mass is to be said by the Bishop in a general conferral of Orders when some feast occurs on an Ember Saturday or on the Saturday before Passion Sunday, namely, the Mass of the feria or of the feast?

Reply. He must celebrate the Mass of the feria. - Thus the Sacred Congregation of Rites has declared many times. - See Cases, no. 821 and following.

1141. For the validity of ordination: a) the ordinary minister is every and only consecrated bishop; b) the extraordinary minister is he who, although he lacks episcopal character, has received from law or from the Apostolic See, by indult, the power of conferring some orders¹.

¹ Codex, c. 951, 957.

For the liceity of ordination: a) for the Episcopate, the only minister is the Roman Pontiff, or a bishop by pontifical mandate²; b) for the other orders: 1) as regards a cleric ordained by the Roman Pontiff, the minister is he who obtained from the Holy See the faculty of ordaining³; 2) as regards seculars, it is the proper bishop by himself, or through another who has obtained legitimate dimissorial letters⁴; 3) as regards privileged religious, regularly it is the bishop of the diocese in which is situated the religious house to whose family the one to be ordained belongs⁵.

² Codex, c. 953.

³ Codex, c. 952.

⁴ Codex, c. 955.

⁵ Codex, c. 965.

That an ordination may be licit, 1° it must be conferred by the proper Bishop, or with his license; 2° and indeed with the canonical rules observed.

I. On The Proper Bishop.

1142. The Supreme Pontiff is the proper Bishop of the whole Church, and therefore he can confer orders not only validly but also licitly everywhere on earth, whether by himself or through a delegate. - But a Bishop cannot by proper right confer orders except upon his subjects: "Let each one be ordained by his proper Bishop or with legitimate dimissorial letters of the same."¹

¹ Codex, c. 955, § 1.

Now "the proper Bishop, with respect to the ordination of seculars, is only the Bishop of the diocese in which the one to be promoted has domicile together with origin, or simple domicile without origin; but in this latter case the one to be promoted must confirm by oath his intention of remaining perpetually in the diocese, unless it is a question of promoting to orders a cleric who by first tonsure has already been incardinated in the diocese, or of promoting an alumnus who is destined to the service of another diocese... or of promoting a professed religious."²

² Codex, c. 956. - Codex, c. 90, § 1.

1143. From this canon the proper Bishop, as regards ordination, is he in whose diocese the one to be ordained has canonical domicile, which is acquired by residence in the diocese either joined with the intention of remaining there perpetually, if nothing calls one away from there, or prolonged to a completed decade.

1144. If domicile is joined with origin, it is plainly sufficient; but if without origin, an oath is required by which the one to be promoted manifests the intention of remaining perpetually in the diocese. From canon 93, § 1, a minor retains the domicile of him to whose power he is subject, e.g., of his parents. But if these lack canonical domicile, whether familial or acquired, because, e.g., they have resided nowhere for ten years or with the intention of remaining, minors in age cannot receive even first tonsure until, having become majors, they establish for themselves a domicile in some diocese; for this two things are required: residence in some diocese, and the intention of remaining there perpetually. - Therefore they can enter the seminary of the diocese into which they intend to be incorporated, and reside there with the intention of remaining perpetually in the diocese, and emit the oath with the license and approbation of the Bishop of this diocese.

— The minister of valid ordination is of itself a consecrated bishop. Yet common law, or by a peculiar indult the Apostolic See, can grant to one who is not a bishop the conferral of minor orders and of the subdiaconate. Whether a priest can be rendered capable of conferring the diaconate is disputed. In the Latin Church, the faculty is granted only to priests and as regards minor orders alone, for example, to blessed Abbots, Vicars and Apostolic Prefects.

Nor in the consecration of a bishop are three bishops required for validity, at least when the Apostolic good pleasure accedes.

— The licit use of power. 1. To no one, without faculty of the Apostolic See, is it lawful to promote one ordained by the Supreme Pontiff to a higher order; 2. no one can consecrate a bishop unless it is first established concerning the mandate of the Roman Pontiff, to whom this consecration is reserved (cc. 952; 953). And without apostolic dispensation, the consecrator must use two other bishops. In foreign missions, it is not rarely granted that the consecrator use two priests; 4. everyone is to be ordained by his proper bishop, or with his legitimate dimissorial letters. Yet the proper bishop, if Latin, cannot licitly ordain a subject of an oriental rite without apostolic indult. But, excluding a just cause, the proper bishop is himself to ordain his own subjects by himself (c. 955).

— On the proper bishop. 1. The proper bishop, as regards seculars, by today's law is only the bishop of the diocese, or the prelate of a quasi-diocese equivalent to him, in which the one to be promoted has domicile together with origin, or simple domicile with a sworn intention of remaining perpetually in the diocese.

Yet simple domicile suffices for a cleric who by first tonsure has already been incardinated into the diocese, or for a student to be promoted who is ordained for the service of another diocese, into which he is incardinated by the ordination itself, or who is destined for the service of another diocese in the future, with prior legitimate excardination and incardination; or for a professed religious to be promoted.

The place of origin of a son is defined by the domicile, or, if this is lacking, by the quasi-domicile which the father, or if the son is illegitimate or posthumous, the mother, had when he was born. The place of origin for a son of vagi is the place of birth, and for an exposed child, the place of finding (c. 90. Cf. our Epitome iuris canonici, I, n. 164).

Domicile suffices for him who by first tonsure has already been incardinated into the diocese. But so that he may be legitimately incardinated in this way, or legitimately receive first tonsure, it is necessary that he have origin with domicile, or add an oath to domicile, or obtain tonsure for the service of another diocese from the bishop to whom he is subject at least by reason of domicile (cf. Epitome iuris, I, n. 187, and Ferreres II, n. 869, note 1, and resp. of the Pontifical Commission to the Cardinal Archbishop of Armagh, August 17, 1919, in Irish Theol. Quarterly, 1919, p. 391).

A bishop will also be able to ordain someone for the service of an alien diocese, and indeed without oath, whom he has as a subject only by reason of domicile, without origin; or a professed religious who is legitimately dismissed to him, or who, if he is to be ordained after the manner of seculars, is judged to have domicile in that diocese by reason of the convent to which he is ascribed.

Therefore in seminaries for foreign missions it happens that a young man who, having perpetually abandoned the diocese of origin, has been able to acquire only quasi-domicile in the place of studies, has no proper bishop. For this difficulty, which was proposed to the Pontifical Commission for interpreting the Code, up to now no provision has been made except by dispensation of the Holy See.

2. He who can give dimissorial letters for receiving orders can also ordain the same orders by himself, if he has the necessary power of order.

Therefore not only a regular Abbot in office, if he is a priest and blessed, can from c. 964, 1, adorn with first tonsure and advance with minor orders candidates who, by force of profession at least simple, are subject to him; but any Superior who is a bishop, by right of c. 959, is permitted to ordain, not only with major orders, those religious to whom he can give dimissorial letters.

— 1. Dimissorial letters are letters by which a Bishop or competent Superior sends his subjects to an alien Bishop so that they may be ordained by him. These letters at the same time contain testimony concerning the qualities of those to be promoted, nor can they be given before the testimonies required by law have been had.

2. These letters for seculars, while jurisdiction lasts, are given, from c. 958: a) by the proper Bishop and quasi-diocesan Prelate, after possession has been obtained, but already before consecration; b) by the vicar general, yet from the special mandate of the bishop; c) by the capitular vicar, with the consent of the chapter, after a year from the vacant see; but within the year "to only those constrained by reason of a benefice received or to be received, or by reason of some certain office, for which, because of the necessity of the diocese, provision must be made without delay." Yet let the capitular vicar not give letters to those who had been rejected by the bishop.

3. But for exempt religious these same letters are given by the abbot of a monastery sui iuris and by the major Superior of an exempt religion.

But to professed members from temporary vows they can grant these letters only for first tonsure and minor orders (c. 964, 3).

4. For non-exempt religious, Superiors will not be able to give dimissorial letters without a peculiar indult or privilege, which is often granted, but which they can no longer use toward professed members of temporary vows except for tonsure and minor orders.

Yet those religious of themselves do not need these letters. For since they are not exempt, they have a proper bishop of domicile, by whom they will be able to be ordained without these letters. Their ordination, says c. 964, 4, is governed by the law of seculars, except for the necessity of the oath concerning which in c. 956.

And by a similar reason the bishop of domicile himself can advance professed Regulars from temporary vows to major orders by the law of seculars, if they have a title, for example of patrimony, and he himself is prepared to recognize them as of his clergy if they leave religion. Thus we know that in the year 1922 a Premonstratensian religious was ordained.

5. Dimissorial letters can be given by the proper bishop, even by a suburbicarian Cardinal, to any bishop having communion with the Apostolic See, except only, short of apostolic indult, to a bishop of a rite diverse from the rite of the one to be promoted; but by a religious Superior, unless there is a privilege, they cannot be sent except to the bishop, or quasi-bishop, of the diocese, or quasi-diocese, in which is situated the religious house to whose family the one to be ordained belongs (c. 965). And in c. 967 religious Superiors are warned not fraudulently against the diocesan bishop to send a subject to be ordained to another religious house, or deliberately to defer the concession of dimissorial letters to that time at which the bishop is going to be absent, or is going to have no ordinations at the next legitimate time. There it is a question of general ordinations to be had on the Saturdays indicated below, n. 730. For then, from c. 966, provided that this is established from an authentic testimony of the episcopal Curia, they are permitted to send letters to any other bishop of the rite of those to be promoted. This they can also do if the diocese is vacant and is not ruled by a man distinguished with episcopal character, or, unless we are mistaken, able to confer orders.

— I. The minister of valid ordination is of itself a bishop; from common law or indult, for minor orders, the subdiaconate, and perhaps for the diaconate, it is also a priest.

II. Apostolic faculty must be sought: for promoting one ordained by the Supreme Pontiff; for consecrating a bishop; for ordaining a subject of oriental rite, if the proper bishop is Latin.

III. Each person is to be ordained by his proper bishop or with his dimissorial letters.

The proper bishop of seculars today is only the bishop or quasi-bishop of the diocese or quasi-diocese in which the one to be promoted has domicile together with origin, or domicile with a sworn intention of remaining perpetually in the diocese. Yet for a cleric who by first tonsure has been legitimately incardinated in a diocese, or for a student to be promoted who is destined for the service of another diocese, or for a professed religious, domicile suffices. Finally, one who can give dimissorial letters can confer orders by himself, if he has power.

IV. Dimissorial letters are letters by which a bishop or competent Superior sends his subjects to an alien bishop so that they may be ordained by him. These letters are at the same time testimonial.

For seculars they are given by the proper Ordinary; by the vicar general from special mandate; by the capitular vicar, with the chapter consenting and after a year from the vacant see; within the year, to only those constrained or by reason of an office for which provision must immediately be made. For exempt religious they are given by the abbot of a monastery sui iuris and by the major Superior, but to professed members from temporary vows they can be given only for first tonsure and minor orders. The ordination of non-exempt religious is governed by the law of seculars. Superiors of non-exempt religion do not grant dimissorial letters except from indult or privilege, which is frequent.

The proper bishop can give letters to any bishop of the same rite. But a religious Superior, unless there is a privilege, cannot send these letters except to the Ordinary of the territory in which is the religious house to which the one to be ordained belongs, unless the bishop is going to have no general ordinations at the next legitimate time.

We divide this chapter into two articles: 1. on the minister of valid ordination; 2. on the minister of licit ordination.

596. Besides intention and the due application of the matter to the form, power is required in the minister of ordination; concerning this, let the following be stated:

1. The ordinary minister of valid ordination is every and only a consecrated bishop.

This is of faith and is evident from the definitions of the Councils of Florence³⁷ and Trent.³⁸ It is said: every bishop, therefore also a schismatic, irregular, degraded bishop, and so forth, provided nevertheless that he himself was validly consecrated. For if the bishop himself is not validly consecrated (as happens with Anglican bishops), neither can his ordinations themselves be valid, as is evident of itself. A bishop elected and confirmed, but not yet consecrated, can indeed grant dimissorial letters to his subjects to be ordained, but he cannot ordain them.

2. The extraordinary minister of valid ordination (with regard to the minor orders and the subdiaconate) is a priest delegated by the Supreme Pontiff.

This is evident from various Councils³⁹ and the constant practice of the Church.⁴⁰ Cardinals, a Vicar and Prefect Apostolic, and an Abbot or Prelate "nullius" possess such habitual delegation with regard to the first tonsure and the minor orders for their own clerics or for others "legitimately" dismissed.⁴¹ Regular Abbots so-called "of government," who have legitimately received the abbatial blessing, can indeed licitly promote their own subjects (by reason at least of simple profession) to tonsure and the minor orders,⁴² but they can neither licitly nor validly confer minor orders upon seculars, whether subjects or non-subjects.⁴³

By a special indult of the Supreme Pontiff, a priest can also confer the order of subdiaconate.⁴⁴ Nor does St. Thomas contradict this opinion.⁴⁵ It is doubtful whether the Supreme Pontiff can delegate a priest to confer the order of diaconate. It is indeed related that Innocent VIII, by the Constitution Exposcit of April 9, 1489, granted such a delegation to certain Cistercian abbots,⁴⁶ but the authenticity of this Constitution has not yet been truly proved. All concede that a priest cannot confer the order of priesthood, although Boniface IX is said to have granted this faculty in the year 1400 to the abbots of the monastery of St. Osyth in England.

³⁷ Decree for the Armenians (Denz., n. 701).

³⁸ Sess. 23, can. 7, De sacr. ord. (Denz., n. 967). Certain persons erred concerning the validity of ordination performed by heretics; cf. Saltet, Les réordinations.

³⁹ Second Council of Nicaea (787), c. 14 = c. 1, D. 69; Council of Trent, sess. 23, c. 10, De reform.

⁴⁰ Cf. St. Thomas, Suppl., q. 38, a. 2; St. Alphonsus, Theol. mor., l. 6, n. 762; Code of Canon Law, cc. 951 and 957, § 2.

⁴¹ Code of Canon Law, cc. 239 and 957, § 2.

⁴² Ibid., c. 967.

⁴³ Ibid., c. 964; Holy Office, July 15, 1903 (Collect. de Prop. Fide, n. 2172). St. Alphonsus (Theol. mor., l. 6, nn. 763 and 766) thinks that abbots confer minor orders upon non-subjects illicitly indeed, but not invalidly; but today the decisions just cited must be followed, since all contrary privileges have been revoked.

⁴⁴ Cf. St. Alphonsus, loc. cit., n. 762.

⁴⁵ Suppl., q. 38, a. 1 ad 3.

⁴⁶ Cf. Analecta ecclesiastica IX (1901), 311 ff.

For licit ordination there are required on the part of the minister (besides the state of grace and immunity from censures and irregularities): 1. jurisdiction; 2. examination of the ordinands; 3. the due rite, for example, with regard to the intervals, appointed times, due place, and so forth.

597. 1. The minister must have ordinary or delegated jurisdiction over the ordinand. The proper bishop has ordinary jurisdiction. Therefore the Council of Trent simply establishes:⁴⁷ "Let each one be ordained by his proper bishop."

According to the discipline in force, a bishop is proper by a twofold reason or title of competence:⁴⁸

a) The title of domicile together with origin. Therefore the ordinand must have both origin and domicile in the diocese of the ordaining bishop.

b) The title of simple domicile without origin. In this case, the ordinand must confirm by oath his intention of remaining perpetually in the diocese.

This oath is omitted if a professed religious, a cleric destined for another diocese, or a cleric already incardinated by the first tonsure is in question.⁴⁹

c) The proper bishop of a professed religious to be ordained is the bishop in whose diocese is situated the religious house to whose family the ordinand belongs.⁵⁰

The minister has delegated jurisdiction if he has received from the proper Ordinary of the ordinands permission to confer orders upon subjects duly dismissed. In this case both dimissorial and testimonial letters are required; these are to be granted without charge, unless there is a special Indult.⁵¹

Those letters are called dimissorial by which the proper prelate of the ordinand asks a bishop determined either specially or generally to confer orders upon his subject. These dimissorial letters are altogether necessary for a subject of another to be licitly ordained by some bishop.⁵² Those who act otherwise are punished with grave penalties.⁵³ Who can grant dimissorial letters may be seen in the canonists, for example, in our Man. iur. can., q. 318. To these dimissorial letters are to be added testimonial letters, which provide an authentic testimony given by the competent Ordinary concerning the fitness of the ordinand. The ordinary bishop must also require this testimony concerning the fitness of the ordinand, or at least concerning his good morals (and learning), if after puberty the ordinand has remained outside the diocese for a continuous six months, or if he was devoted to military service for a continuous three months.⁵⁴ For during military service an impediment to ordination can more easily be contracted.

⁴⁷ Sess. 23, c. 8, De reform.; cf. Code of Canon Law, c. 955, § 1, and c. 957. It is established: "A Vicar and Prefect Apostolic, and an Abbot or Prelate 'nullius,' if they possess the episcopal character, are equivalent to a diocesan bishop in that which pertains to ordination; if they lack the episcopal character, they can nevertheless, in their own territory and only during their office, confer the first tonsure and the minor orders both upon their own secular subjects and upon others who present dimissorial letters; an ordination performed by them outside these limits is invalid."

⁴⁸ Code of Canon Law, c. 956. In ancient times there were also other titles of competence, for example, benefice, membership in the household, and so forth.

⁴⁹ Code of Canon Law, c. 956.

⁵⁰ Ibid., c. 965.

⁵¹ Cf. Council of Trent, sess. 21, c. 1, De reform.; Gasparri, De ordinatione, n. 1121. The following are customarily distinguished: letters of dismissal or an "Exeat," by which excardination is granted; dimissorial letters, concerning which above; and formed letters, by which an authentic testimony concerning orders received is presented.

⁵² Cf. Council of Trent, sess. 14, c. 2, De reform.; sess. 23, c. 8, De reform., and Pontifical Commission, February 17, 1930 (Acta Apost. Sed. XXII, 195).

⁵³ Cf. above, n. 531.

⁵⁴ Sacred Congregation of the Council, June 25, 1904. Cf. our Man. iur. can., q. 318 (6).

598. 2. The ordaining bishop (who ordains by his proper right) must always conduct an examination of the ordinands, mindful of the saying: "Impose hands hastily on no man."⁵⁵ Therefore immediately before ordination the bishop asks the archdeacon: "Do you know them to be worthy?" If the bishop ordains by delegated right, this examination is customarily made by him who gave the dimissorial letters.⁵⁶ Moreover, a threefold other investigation is to be made concerning the worthiness of the ordinands:

a) Secular candidates to be promoted (or those religious who, in that which pertains to ordination, are governed by the law of seculars) are to bring four testimonies, namely:

1. a testimony of the last ordination, or, if the first tonsure is in question, of received Baptism and Confirmation;

2. a testimony concerning the completion of a) the ordination examination, b) the studies required for the individual orders, c) the spiritual exercises;

3. a testimony of the rector of the seminary, or of the priest to whom the candidate outside the seminary was commended, concerning the good morals of the same candidate;

4. testimonial letters of the Ordinary of the place in which the candidate to be promoted has remained for so much time that he could have contracted a canonical impediment there. Such a time is considered to be three months for soldiers and a continuous six months after puberty for others, unless the ordaining bishop prudently determines even a shorter time in a particular case.⁵⁷ If the candidate has wandered through so many dioceses that to seek all the testimonial letters would become impossible or excessively difficult, let the Ordinary provide at least by a supplementary oath to be given by the candidate.⁵⁸ Exempt religious ordinands must bring testimonial letters from their major superior.⁵⁹

b) The names of those to be promoted to the individual sacred orders (except religious with perpetual vows, whether solemn or simple) are to be publicly announced in the parish church of each candidate; but the Ordinary according to his prudence can either dispense from this publication or substitute for it a public posting upon the doors of the church for several days, among which at least one feast day is to be included. The publication is to be made on a feast day of precept in the church during the solemnities of the Masses, or on another day and hour when a greater attendance of the people is present in the church.⁶⁰

c) All ordinands (whether secular or religious) must undergo an examination properly so called concerning the order to be received and, if the reception of a sacred order is in question, also concerning some theological treatment, according to the method established by the bishop.⁶¹

Scholion. Even before episcopal consecration an informative process is conducted; indeed, sometimes a certain true examination in theology or canon law is held.⁶²

⁵⁵ 1 Tim. 5:22.

⁵⁶ Code of Canon Law, c. 997.

⁵⁷ Code of Canon Law, c. 994.

⁵⁸ Ibid., § 2.

⁵⁹ Ibid., c. 995.

⁶⁰ Ibid., c. 998.

⁶¹ Ibid., c. 996.

⁶² Cf. Pius X, Motu Proprio Romanis Pontificibus, December 17, 1903.

599. 3. The due rite to be observed in ordination includes several things, namely:

a) That ordination not be made by a leap, that is, that a higher order not be conferred while the lower has not yet been conferred, for example, that the priesthood not be conferred upon one who is not yet a deacon.⁶³ An order conferred by a leap is valid,⁶⁴ with the exception of the episcopate, which cannot validly be conferred upon one who is not yet a priest. Ordinations knowingly performed by a leap are always gravely illicit and subject to grave penalties.⁶⁵ The omitted orders must altogether be supplied.

b) That the intervals be observed. Intervals are the spaces which must intervene between the conferrals of the individual orders. The Code of Canon Law, changing the former discipline, establishes:⁶⁶ a) The intervals between the first tonsure and the order of porter, or between the individual minor orders, are committed to the prudent judgment of the bishop. b) The interval between the order of acolyte and the subdiaconate is one year. c) The intervals between the individual major orders are three months. The bishop can dispense from the intervals if the necessity or utility of the Church requires it. Nevertheless, without the special permission of the Roman Pontiff, the minor orders with the subdiaconate, or two sacred orders, are never to be conferred on one and the same day, any contrary custom being reprobated. Indeed, neither is it lawful to confer the first tonsure together with the order of porter, nor all the minor orders at the same time,⁶⁷ unless nevertheless a legitimate contrary custom exists.

c) That the orders be conferred at the due time, namely: a) The first tonsure can be conferred on any day and at any hour and even outside Mass.⁶⁸ b) The minor orders can be conferred on individual Sundays and feasts of double rite, but in the morning.⁶⁹ c) The major orders can be conferred during the solemnities of the Masses on six Saturdays, namely, the Saturdays of the Ember Days, and the Saturdays before Passion Sunday and Easter Sunday. d) Episcopal consecration must be conferred during the solemnities of the Masses on a Sunday or the birthday of an Apostle.

When a grave cause intervenes, a bishop can confer the major orders on any Sunday or feast of precept, and this not only upon his own subjects but also upon the subjects of another duly dismissed.

d) That the orders be conferred in the due place. The first tonsure and the minor orders can be conferred even in private oratories.⁷⁰ Sacred orders must be conferred in the cathedral church or in a more dignified church, if general ordinations are in question.⁷¹ By legitimate custom, however, not only particular but also general ordinations can be held in some at least semi-public oratory.

e) That the statutes of the Pontifical be observed.⁷²

⁶³ Code of Canon Law, c. 977.

⁶⁴ St. Thomas, Suppl., q. 25, a. 5.

⁶⁵ Code of Canon Law, c. 2374.

⁶⁶ Ibid., c. 978, § 2.

⁶⁷ Code of Canon Law, c. 978, § 3.

⁶⁸ Cf. Roman Pontifical, p. 1, De clericis faciendis.

⁶⁹ Code of Canon Law, c. 1006, § 4.

⁷⁰ Ibid., c. 1009, § 3.

⁷¹ Council of Trent, sess. 23, c. 8, De reform.

⁷² Code of Canon Law, c. 1002.

600. Scholion. The bishop imposes upon ordained subdeacons and deacons a Nocturn to be recited, which he can freely determine. But if he employed only the words of the Pontifical, the Nocturn of such a day is understood to be the ferial Nocturn, or the first Nocturn of the feast or Sunday in the Psalter, according as the ordination was held on a feria, feast, or Sunday. It is not necessary, however, to add the Invitatory, Hymn, and Lessons.⁷³ Upon ordained priests the bishop imposes three Masses to be said, namely, of the Holy Spirit, of the Blessed Virgin, and for the dead. It is indeed to be counseled that the new priests also apply these Masses for the Church and for the dead, but such an application is not obligatory, and therefore a stipend can be accepted.

⁷³ Sacred Congregation of Rites, June 27, 1899; July 10, 1903.

In the minister some things are required that he confer Orders VALIDLY; others, that he confer them LICITLY.

1904. Besides intention (concerning which in the Treatise on the Sacraments in general, n. 1412), conceded power is required in the minister of sacred Ordination. Wherefore these things are established.

Principles. I. A consecrated Bishop is the ORDINARY minister of the Sacrament of Order. It is of faith, and is established both from the Decree of Eugenius IV to the Armenians and from Trent (sess. 23, can. 7), and from the constant tradition of the Church. Nor does it hinder the validity of Ordination that the Bishop is heretical, degraded, simoniacal, censured, or irregular; provided all substantial things are observed.¹⁶

Hence "Ordinations of the Lutherans are had as null, on account of defect both of character in the one ordaining, and of the form instituted by Christ. Thus likewise Anglican Ordinations are certainly doubtful, indeed far more probably invalid. Otherwise one must hold both concerning Greek schismatics, and concerning the Jansenists in Holland."¹⁷

1905. II. A simple priest can, as EXTRAORDINARY minister, confer by commission of the Supreme Pontiff tonsure and the four minor Orders. - It is established both from various Councils, and from privileges conceded by law or by the Holy See.¹⁸

Hence regular Abbots can, from Trent (sess. 23, cap. 10, de reform.), validly and licitly confer minor Orders and tonsure on their subject Religious. - But on others, even their secular subjects being excluded, they can no longer licitly confer them; indeed, neither validly, as is evinced from various Responses of the S. C. of the Council issued after Benedict XIV, unless there is some special concession for the particular case.¹⁹

1906. Questions. Q. 1. Whether the Supreme Pontiff can grant to a SIMPLE PRIEST the faculty of conferring SACRED Orders?

Resp. The common opinion denies that a simple priest can ever confer the presbyterate. Whether he can confer the subdiaconate, indeed even the diaconate, by commission of the Supreme Pontiff, is controverted. Some affirm, others deny; others finally, and indeed probably, deny concerning the diaconate and affirm concerning the subdiaconate, because this Order does not have, as the diaconate does, an immediate relation to the Body of Christ, nor was it always counted among the sacred Orders.²⁰

Q. 2. Whether for the validity of episcopal Ordination the assistance of THREE BISHOPS is required?

Resp. 1. It is certain that an Ordination is valid which, with permission of the Apostolic See, on account of necessity, has been performed by only one Bishop, two (or even no) presbyters assisting. - It is established from the practice both of the present Church, and also of the Apostles.²¹

2. It is more probable that such an Ordination, even performed without permission of the Holy See, is valid, although illicit: for Benedict XIV reports that some particular case was decided by Clement XI in this sense,²² yet he adds that the aforesaid question was not defined by this decision. - Hence, since the opinion which denies the validity of such an Ordination is still probable, St. Alphonsus teaches that the Ordination is to be repeated under condition.²³

1907. The minister, in order that he ordain LICITLY, ought to have ordinary or delegated jurisdiction over the Ordinand.²⁴ "Each one," says Trent (sess. 23, cap. 8, de ref.), "is to be ordained by his own Bishop." - Now then,

I. A Bishop can have ORDINARY jurisdiction over the Ordinand by a FOURFOLD TITLE: namely, by title of origin, domicile, benefice, and triennial familiarity. It is established from the Bull Speculatores of Innocent XII, issued in the year 1694;²⁵ by which the following things also were established:

1. That someone be licitly ordained by reason of ORIGIN, it is required that he was naturally born from the diocese of the one ordaining. Nor indeed does it suffice if by a chance case he was born there, for example on the occasion of the parents' commerce, legation, office, journey, business, or other temporal stay, even if long-lasting. For then the chance birth is not attended to, but the place of the domicile of the father; in which also the son is censured by law to have been born, and from which he is called native.²⁶ - But if the Ordinand is an illegitimate son, the domicile of the mother is attended to;²⁷ if he is an exposed son, the place in which he was exposed;²⁸ if a baptized infidel, the place in which he was baptized. Thus from the Constitution Cupientes of Paul III, § 3.²⁹

2. That someone be licitly ordained by reason of DOMICILE, there is strictly required either ten years' habitation, or the transfer of the greater part of goods into that place, and besides a notable, although only successive, residence in the same place; and in either case there ought to be added an oath concerning the intention of remaining there perpetually³⁰ (cf. n. 203). - Hence, adolescents who complete the curriculum of studies in the seminary of another diocese, since they do not have the intention of remaining there perpetually, are to be ordained by their own Bishop, but with testimonials of the Bishop of the place in which they have devoted themselves to studies.³¹ Thus the S. C. C. on July 11, 1840.³² Moreover, as regards the right of ordination, it is free to a son under paternal power, although he is not his own master, provided he is adult, to establish his domicile wherever he shall have wished.³³ If someone has two domiciles, he can be ordained by the Bishop of either domicile.³⁴ - But quasi-domicile never suffices.

3. That someone (already tonsured) be ordained licitly by reason of BENEFICE, there is required: 1) that he be in peaceful possession of some ecclesiastical Benefice, whether this Benefice is residential or not, although the whole consists in distributions, indeed although it is removable on the part of the one provided. A perpetual coadjutorship suffices (that is, with future succession), provided the coadjutor has the right of receiving from it a congruous prebend: likewise, a perpetual commendam, namely one which gives full administration of an ecclesiastical Benefice.³⁵ - But the title of Masses does not suffice, nor a pension, although perpetual and ecclesiastical, nor a lay chaplaincy; because they are not true Benefices. There is required 2) that the Benefice, burdens being deducted, by itself (i.e., without addition of patrimony), suffice, according to the synodal tax or the custom of the region, for congruous sustenance of life. Yet it is left to the judgment and conscience of the Bishop to establish whether the burdens of Masses are to be deducted or not; as is established from the Response of the S. C. of the Council, on July 17, 1723.³⁶

But if someone has several Benefices in diverse dioceses, he can be ordained by any Bishop of those dioceses, provided the conditions stated above are present. Thus commonly.³⁷ (See other things at n. 1922.)

4. That someone be ordained licitly by reason of FAMILIARITY, there is required: 1) that the Bishop has retained him in his actual service, through a morally whole triennium, and has fed him at his own expense; although the triennium was begun before his promotion to the Episcopate. - 2) That the Bishop actually confer on him an ecclesiastical Benefice sufficient for sustenance, any fraud ceasing, at least within the term of one month from the day of the Ordination made.

But by the name of familiars of a Bishop are understood all who serve the Bishop (not now titular, but residing in his own See) and live at his expense, even if they do not dwell in his buildings; provided they live in the place where the Bishop is, or nearby. - Indeed, by the name of familiars are understood the very servants of the servants, provided fraud is absent: which would be present if the Bishop permitted his familiars to have other servants under themselves, so that he could ordain them; and provided all are fed at his expense: for then all, in reality, are reputed as servants of the Bishop.³⁸

1908. II. A foreign Bishop obtains DELEGATED jurisdiction from DIMISSORIAL LETTERS legitimately granted. Dimissorial letters differ from testimonial letters in this, that in the latter there is given only an attestation concerning the birth, age, morals, and doctrine of the Ordinand, who is exhibited as worthy, to whom Orders may be conferred; but through the former there is given, together with the aforesaid attestation, consent and permission, so that the subject can be ordained by a foreign Bishop (cf. n. 1363).

Now, dimissorial letters are LEGITIMATELY granted: 1) by the Supreme Pontiff for the whole Church; 2) by a Legate a latere or an apostolic Nuncio, for his province; 3) by the proper Bishop of the Ordinands, although not yet consecrated, or absent from the diocese; 4) by the Vicar general, provided he has a special mandate, or the Bishop is so far distant from his own diocese that he could not be approached except after the journey of one day;¹ 5) by the capitular Vicar, or Chapter, after one year of vacancy for all subjects; but within the year for laymen alone to be initiated with first tonsure,² or for clerics alone who are said to be constrained (arctati), namely to receive Orders, on account of a Benefice requiring personal service (cf. n. 1369); 6) by a regular Prelate, i.e., the General or Provincial; or if a monastery is not subject to these, by the local Prelate, for his respective subjects.

1909. But concerning these things we NOTE: 1. Regularly, the Bishop is bound to ordain his subjects by himself. But if a just cause brings an impediment to him, let him dismiss them to another Bishop to be ordained only after they have been approved and examined, as was decreed in Trent (sess. 23, cap. 3, de ref.).

2. Permission granted to someone, that he be ordained by a foreign Bishop, does not expire by the death or removal of the one granting it, unless it is revoked by the successor.³

3. With dimissorials there is not understood to be granted to the foreign Bishop the faculty of dispensing the Ordinand over irregularity, or other canonical impediments. But on one dismissed for the Subdiaconate, minor Orders can be conferred, and also Confirmation itself, because the lesser is included in the greater.⁴

4. From the declaration of the S. C. of the Council, January 16, 1595, it is in the discretion of the Bishop to examine those dismissed to him, although they had already been examined; which nevertheless it is not fitting to do without cause. - But to a foreign Bishop, who is summoned to fulfill the place of the Diocesan, it is not licit to subject the Ordinands to examination. He will nevertheless be able to abstain from Ordination, if a just cause occurs to him. Thus from the decision of the S. C. C., August 22, 1721.⁵

1910. IT IS ASKED. By whom are REGULARS to be ordained?

Resp. A special privilege being set aside, after Trent, granted by name, Regulars are to be ordained by the Bishop of the place where they dwell as of the family.⁶

Wherefore it must be NOTED: 1. By the name of Regulars also Novices come, provided they have already passed a notable time in the novitiate, and promise with an oath that they will remain perpetually in the monastery, as far as lies in them. But they can also be ordained by the Bishop of origin.⁷

2. If the diocesan Bishop is absent, or is not about to have Ordinations at the next legitimate time, or even if the See is vacant, it is lawful for regular Prelates to send subjects to any Bishop whatever.⁸

3. Regular Prelates must always give dimissorials to their subjects not only to a foreign Bishop, but also to the proper Bishop. If they are given to a foreign Bishop, there must be inserted in them the authentic testimony of the Vicar or Secretary of the proper Bishop, concerning the cause on account of which he does not ordain.⁹ But Regulars do not need this testimony, to whom the faculty has been granted of receiving Orders from any Catholic Bishop whatever¹⁰ (see other things n. 1925, at the end).

Note. The other things required in the Minister, which regard the mode of Ordination, see nn. 1901 and 1902.

1518. Principles. - I. Only a Bishop is the ordinary Minister of the Sacrament of Order. - See the arguments among the Dogmaticians.

II. A simple priest, when the Supreme Pontiff commits it, can be the extraordinary Minister of Tonsure and the four Minor Orders, and probably also of Subdiaconate, and according to others also of Diaconate.

It is proved as regards Tonsure and Minors from Councils, especially from Trent, where it is said: "It is not lawful for Abbots and any others whatsoever, however exempt and privileged, hereafter ... to confer Tonsure or Minor Orders upon anyone who is not a regular subject to them." Therefore Trent supposes that they can confer those Orders upon their Religious. - As regards Subdiaconate, see St. Alphonsus.

III. A Bishop can licitly ordain only his own subjects, which the Doctors commonly understand also concerning Tonsure.

But others he cannot licitly ordain without the faculty of their Bishop. - It is drawn from Trent.

1519. Questions. - Quaer. 1° Who is judged to be the proper Bishop of the one to be ordained?

Resp. A Bishop can be proper by a fourfold title, namely the title of nativity, domicile, benefice, and familiarity; concerning which, as regards these Provinces, the following must be noted:

1° Since now among us there is no benefice in the strict name, only the titles of nativity or origin and domicile are to be attended to, not of benefice nor of familiarity; for by the title of familiarity no one can be ordained unless also a benefice is at once, i.e. within a month, conferred upon him.

2° Concerning the title of nativity or origin, the Second Plenary Council of Baltimore has these things: "The place of origin is called the city, town, or village where someone was naturally born, namely where the father has true domicile. But if he is born elsewhere per accidens, for example on the occasion of a journey, embassy, trade, or any other temporal delay, then birth of this kind, being fortuitous, must by no means be attended to, but only the true and natural origin of the father. But if the father has remained in a foreign place where the son is born for so long and with such intention that he has there contracted domicile by law, then not the origin of the father but the domicile must be attended to for the ordination of the son. In the newly baptized, converted from heresy or infidelity, the place of origin is judged to be that in which they receive Baptism. For thus it was established by Paul III; and thus the practice of the Roman Curia holds itself." - But if the son is illegitimate, the origin of the mother is attended to; if exposed, the place in which he was exposed.

3° Concerning the title of domicile, the same Council notes these things: "A subject ... by reason of domicile, for the effect of receiving Orders, is judged to be only he who, although he was born elsewhere, nevertheless has established it stably in some place, either by residence of ten years, or by transferring to that place the greater part of his goods with furnished houses, and by dwelling there for a notable time, and moreover affirms by oath that he has the intention of remaining. From this it is clear that several things are required by positive law for constituting domicile properly so called for those to be Ordained than for those about to receive the other Sacraments. If someone has two domiciles, he will be able to seek Orders from the Bishop of either place, because each is held in place of his own Bishop."

4° "By a foreign Bishop," i.e. in our provinces neither of origin nor of domicile, "no one can be ordained unless he brings with himself the dimissorial letters of his own Bishop." Therefore dispensation from requiring these must be obtained from the Holy See in the case in which there would be question of a European to be ordained, lacking domicile here, and to whom "by the laws of his fatherland it is forbidden that a Bishop, without permission of the civil government, give the faculty of departing."

5° Testimonial letters are also sometimes required, although someone is ordained by the Bishop either of origin or of domicile, and indeed:

a) If someone is to be promoted to further Orders who was assumed to clerical Tonsure, or even to Minor Orders, by another Bishop, by whatever title this one was proper. For this one, if he is ordained by the Bishop of domicile, is held to show to him the testimonials of the Bishop of origin; but the testimonials of the Bishop of domicile if he is ordained by the Bishop of origin.

b) Whoever, whether not yet a cleric, or already promoted to Minors or Tonsure by another Bishop, by whatever title, "has departed from the place of his own origin," situated, for example, in Europe, or in another diocese of these Provinces, "is held to offer testimonial letters of the Ordinary of his origin to the ordaining Bishop," although proper by reason of domicile, or otherwise certain concerning the morals of the one to be ordained. "Nor does it matter whether the one to be ordained departed from the place of origin at that age in which he could have been bound by a canonical impediment, or before, when because of defect of years he could not be subject to an impediment of this kind."

c) "If someone has drawn out a delay for so great a space of time in that place in which he was born not naturally, but per accidens, that he could have contracted some canonical impediment there, then he is held also to show testimonial letters from the Ordinary of that place to the Bishop ordaining." Besides these things the Council established:

d) "That Bishops, and their examiners, ... from all, besides the other requisites, should require also testimonial letters, to be subscribed by the Rectors or Superiors of Colleges and Seminaries" where they were students, "in which it may be disclosed what kind of work they gave to studies; and also by Pastors or priests of proved life of other places in which they spent some notable time."¹

Quaer. 2° Who can grant dimissorial letters?

Resp. 1° Only the Bishop of the one to be ordained, provided he has taken possession, although not yet consecrated and although existing in a foreign diocese, the See not being vacant, can give dimissorial letters, whether by himself or through his Vicars General, if he acts in remote places or has conferred that power on them. For it belongs to the Bishop alone to govern the diocese and to confer Orders by ordinary right.²

Resp. 2° But when the See is vacant, the Chapter indeed has the faculty of conceding dimissorial letters, but not within a year from the day of vacancy, unless someone is constrained to receive Orders within that year on account of a benefice requiring personal service. - Thus from Trent.³

The dimissorial letters which the Chapter, the See being vacant, is prohibited from giving within a year from the day of vacancy, the Administrator also is prohibited from giving, who among us is in the place of the Chapter, or rather of the Capitular Vicar; but since in our Provinces there can be no question of those constrained to benefices, Kenrick thinks that the Administrator can give dimissorial letters even within a year from the day of vacancy, if necessity of providing for the care of souls presses.⁴

Quaer. 3° By what Bishop are Regulars to be ordained?

Resp. By the Bishop in whose diocese is the monastery where they are then dwelling. Except if after Trent they have obtained a special privilege, that they can be ordained by any Bishop whatsoever. But that privilege is not acquired by communication.⁵

If nevertheless the Bishop either is absent or will not have an ordination at the next time established by law, or, according to Lucidi T. I. n. 107, the Episcopal See is vacant, the Superior, dimissorials having been handed over, will be able to send subjects to be ordained by any Bishop whatsoever, provided only they show to this Bishop the testimony of the Vicar General, or Chancellor, or Secretary of the proper Bishop, and provided moreover the concession of dimissorials is not by design deferred to a time in which the diocesan Bishop either is going to be absent or will have no ordinations. The one ordaining can examine those to be ordained; he ought not to. - But these things, prescinding from a special privilege, are valid only as regards those Regulars who emit solemn vows, and those professed.¹

But in the ordination of Regulars, the disposition of the Roman Pontifical is to be observed as regards the formula: Do you promise obedience to your Ordinary, etc.²

Quaer. 4° What Mass is to be said by the Bishop in the general conferral of Orders, when on the Saturdays of the Four Times, or before Passion Sunday, some feast occurs: namely, of the feria, or indeed of the feast?

Resp. Of the feria. - Thus the Sacred Congregation of Rites has declared many times.

Notes near nn. 1518-1519, minister of Order and the proper Bishop (printed p. 210).

1 L. VI. 752. | 2 Sess. 23. c. 10. Ref. | 3 L. VI. 762. Cf. De Ang. T. I. p. 200, and Zeits. für Th. 1880. p. 527. | 4 L. VI. 769. | 5 Sess. 23. c. 8. Ref.

Notes near n. 1519, title of nativity, domicile, and familiarity (printed p. 211).

1 Sess. 23. c. 9. Ref. C. Speculatores. Innoc. XII. | 2 a. 317. | 3 C. Speculatores. Innoc. XII. | 4 C. Cupientes. | 5 Ib. | 6 a. 318. | 7 Honorante. Prax. Sacr. Trib. Urb. Vicarii, Rome, 1762. p. 21. Pauli III C. Cupientes, which Constitution of Paul afterward Clement XI confirmed and enlarged by C. Propagandae.

Notes near n. 1519, testimonial letters for ordination (printed p. 211).

1 Conc. Pl. Balt. II. a. 319. | 2 Kenr. Tr. XX. 15. | 3 Conc. Pl. Balt. II. a. 320. | 4 Ib. a. 321. | 5 Ib.

Notes near n. 1519, dimissorial letters and Regulars to be ordained (printed p. 212).

1 Conc. Pl. Balt. II. a. 322. | 2 L. VI. 787. | 3 Sess. 7. c. 10. Ref. S. Alph. L. VI. 788. | 4 Tr. XX. 21. | 5 L. VI. 768.

Notes near n. 1519, Regular ordination formula and Mass of ordination (printed p. 212).

1 L. VI. 768. 768. Acta, Vol. I. p. 358 sq. Anal. Jur. Pont. Ser. 2, Col. 2818. Ser. 7; Col. 744 sq. Craisson. Man. n. 2045. 2690. 7°. | 2 S. R. C. 22 Jul. 1848 in Gandav.

S. Th., Suppl., q. 38.

733. The ordinary minister of the sacrament of Order is every and only bishop. - This is certain from the Council of Florence, decree for the Armenians, and from the definition of the Council of Trent, sess. 23, c. 4, can. 7.

It is clear from the practice of the Church from the beginning, as is had from the Scriptures (Acts VI, 6; XIV, 22; I Tim. IV, 14; V, 22; II Tim. I, 6; Tit. I, 5) and from the ancient monuments of tradition and the statutes of the ancient Church.

The reason of fittingness is that it belongs to the bishop, as endowed with more excellent power over the mystical body, to place others in all the divine ministries, says St. Thomas, a. 1.

By bishop is understood everyone who has been consecrated (can. 951), even a heretic, schismatic, intruder, simoniac, excommunicated or degraded bishop: namely, he validly ordains, provided he preserves the essential rite of ordination (a. 2).

734. The extraordinary minister of sacred ordination is a priest by Pontifical commission, conceded by law or by special indult, and only for conferring certain inferior orders (can. 951). This is clear from various Councils, such as Nicaea II, c. 14, and Trent, sess. 23, de ref., c. 10; and from the practice of the Church, concerning which St. Thomas, a. 1, ad 3:

"The pope, who has the fullness of pontifical power, can commit to one who is not a bishop those things which pertain to episcopal dignity, provided those things do not have an immediate relation to the body of Christ. And therefore 1) by his commission some simple priest can confer minor (i.e., inferior) orders and confirm, but not someone who is not a priest; 2) nor again can a priest confer major (superior) orders, which have an immediate relation to the body of Christ, over the consecration of which the Pope does not have a greater power than a simple priest" (ad 3). This latter is witnessed by Const. Ap. III, 20, and St. Epiphanius, c. haer. LXXV, 4.

Therefore priests can be delegated for conferring:

1. minor orders, consequently also introductory tonsure; by law there are delegated for this: Cardinals (can. 239, 22), the Vicar and Prefect Apostolic, the Abbot and Prelate nullius (can. 957, § 2), also a regular Abbot of regime (can. 964); nevertheless their ordinations, conferred outside the limits of legitimate administration, are not only illicit, but also invalid;

2. also the subdiaconate, because formerly it was an inferior order;

3. perhaps the diaconate, although this is not accustomed to be done, and many deny it with St. Thomas (ad 5);

4. not however for conferring the presbyterate or the episcopate. And although concerning presbyters some have said that this was at some time conceded, nevertheless there is doubt about the concession, or at least about the sense of the concession made (which many understand of the privilege of total exemption from the jurisdiction of the Ordinary of the place as to ordinations); but even if it were authentic, the fact would constitute something altogether particular and solitary, and also revoked shortly afterward, which therefore is not protected by the infallibility of the Church and of the Roman Pontiff.

735. The legitimate ordinary minister is the proper bishop, or he who is delegated by him and has received legitimate dimissorial letters. - This is clear from the Council of Trent, sess. 23, de reform., c. 8; and from can. 955.

A. The proper bishop: a) As to the ordination of seculars, according to can. 956, can be:

1. by title of domicile together with origin, if the one to be ordained has domicile in his diocese and at the same time origin;

2. by title of simple domicile, if the one to be ordained has domicile in the diocese without origin, but confirms by oath the intention of remaining perpetually in the diocese;

3. by title of incardination in the diocese, which the one to be ordained received either through first tonsure, or through letters of perpetual and absolute excardination from his proper diocese and of perpetual and absolute incardination into this other diocese, or through a residential benefice which he obtained there (can. 111-114).

Let it be noted: a) The place of origin of a son, even a neophyte, is that in which, when the son was born, the father had domicile, or, in defect of domicile, quasi-domicile; or, if the son is illegitimate or posthumous, the mother had it; - but if it is a question of the son of vagrants, the place of origin is the very place of birth; if of one exposed, it is the place in which he was found (can. 90).

b) He who has two domiciles in different dioceses can be ordained by either bishop, but after ordination has been received he can no longer belong to both dioceses, because by ordination received from his proper bishop he is incardinated into that same diocese.

c) Nevertheless the bishop of the diocese in which someone has domicile can ordain him for the service of another diocese; in which case by first tonsure he is incardinated into this other diocese (comm. int., Aug. 17, 1919).

d) Nor is a bishop prohibited from promoting his own subject (by reason of domicile), who in the future, after legitimate excardination and incardination, is destined for the service of another diocese (can. 969, § 2).

e) For him who lacks a proper bishop, nothing remains except that he provide for himself by apostolic indult.

b) As to religious professed to be ordained, according to can. 965, the proper bishop is the bishop of the diocese in which is located the religious house to whose family the one to be ordained belongs; - unless they have a special indult.

Therefore to him the religious superior must send dimissorial letters; but he can send them to another bishop only when 1) the diocesan bishop has given permission, or 2) is of a different rite, or 3) is absent, or 4) is not going to hold an ordination at the next legitimate time (i.e., on the Saturdays of the Four Times, the Saturday before Passion Sunday, and Holy Saturday), or finally 5) when the diocese is vacant and one who has the episcopal character does not rule it (can. 966, § 1). Nevertheless:

a) in individual cases it is necessary that this be clear to the bishop who is to ordain from authentic testimony of the episcopal curia (can. 966, § 2);

b) let religious superiors beware lest, in fraud of the diocesan bishop, they send a subject to be ordained to another religious house, or deliberately defer the concession of dimissorial letters to that time at which the bishop will either be absent or will have no ordinations (can. 967).

B. One delegated by the proper bishop can licitly ordain, provided he has received from the Ordinary of the one to be ordained legitimate dimissorial letters. These are letters by which a competent superior sends away his proper subject to another bishop with the faculty of receiving orders from him; whence they differ from testimonial letters, by which there is given only an authentic attestation concerning the birth, age, morals, doctrine, and aptitude of the one to be ordained, who is shown worthy for orders to be conferred upon him.

Dimissorial letters for seculars can be given, as long as they retain jurisdiction in their own territory, by:

1. the proper Bishop, after he has legitimately taken possession of his diocese, although not yet consecrated;

2. the Vicar General, but from the special mandate of the bishop;

3. the Capitular Vicar after a year from the vacant see and with the consent of the chapter; but within the year only to those who are constrained by reason of a benefice received or to be received, or by reason of some office for which, because of the necessity of the diocese, provision must be made without delay; - nevertheless let him not concede dimissorial letters to those who have been rejected by the bishop;

4. the Vicar and Prefect Apostolic, an Abbot or Prelate nullius, although they lack episcopal character, even to major orders (can. 958).

As to the ordination of religious, exempt religious can licitly be ordained by no bishop without the dimissorial letters of their proper major superior; but superiors can concede dimissorial letters to those professed of temporary simple vows, i.e., before perpetual profession, only for first tonsure and minor orders, any contrary indult being revoked (can. 964, 2, 3 and 4).

Let it be noted: the Vicar and Prefect Apostolic, the Abbot or Prelate nullius, if they possess episcopal character, are equated with a diocesan bishop as regards ordination (can. 957, § 1); likewise he who can give dimissorial letters for receiving orders can also confer the same orders himself, if he has the necessary power of order (can. 959).

736. Special dispositions of canon law. -

A. As to episcopal consecration:

1. "Episcopal consecration is reserved to the Roman Pontiff, so that it is licit for no bishop to consecrate anyone as bishop unless the pontifical mandate is first established," can. 953; otherwise those acting are by that very fact suspended until the Apostolic See dispenses (can. 2370).

2. "The consecrating bishop must employ two other bishops who assist him in the consecration, unless a dispensation concerning this has been granted by the Apostolic See," can. 954; and therefore not for validity. From the Apostolic Constitution of Nov. 30, 1944, the assisting bishops are to be considered as co-consecrators and must do the same things as the principal consecrator.

B. As to those ordained by the Roman Pontiff himself: "It is licit for no one to promote one ordained by the Roman Pontiff to a higher order without the faculty of the Apostolic See," can. 952.

C. As to the proper bishop: "The proper bishop, not impeded by a just cause, should ordain his subjects himself; but he cannot licitly ordain a subject of an Eastern rite without apostolic indult," can. 955, § 2.

I say 1°. The ordinary minister of sacred ordination is a consecrated Bishop; the extraordinary minister is one who, although he lacks the episcopal character, has received from law or from the Apostolic See by a peculiar indult the power of conferring some orders (Can. 951).

It is established from many Councils, especially from the Florentine and Tridentine. For the Florentine in the Decree of Union says: "The ordinary Minister of this sacrament [of Order] is a Bishop"; and the Tridentine, sess. 23, can. 7, thus establishes: "If anyone shall have said that Bishops are not superior to presbyters, or do not have the power of confirming and ordaining, or that the power which they have is common to them with presbyters ... let him be anathema." - He is called ordinary because a simple priest, the Supreme Pontiff committing it, can be the extraordinary Minister of tonsure and of the four minor Orders. This is established from the Council of Trent, sess. 23, ch. 10, on Reform.

As regards the ordination of religious:

1°. A regular Abbot of rule, although without nullius territory, can confer first tonsure and minor orders, provided the one to be promoted is subject to him by force of profession at least simple, but he himself is a presbyter and has legitimately received the abbatial blessing. Outside these limits, the ordination conferred by the same, any contrary privilege being revoked, is invalid, unless the one ordaining is powerful with episcopal character (Can. 964). - Cf. St. Alphonsus, n. 762.

I say 2°. Only the proper Bishop, or another Bishop but from an express faculty received from the proper Bishop, can licitly ordain. It is established from Canon 955:

§ 1. Let each one be ordained by his own Bishop or with the legitimate dimissorial letters of the same.

§ 2. The proper Bishop, not impeded by a just cause, is to ordain his own subjects personally himself; but without apostolic indult he cannot licitly ordain a subject of an eastern rite (Can. 955).

Question 1. Who is considered the proper Bishop of the one to be ordained?

Resp. The proper Bishop, as regards the ordination of seculars, is only the Bishop of the diocese in which the one to be promoted has domicile together with origin, or simple domicile without origin; but in this second case the one to be promoted must confirm by oath his intention of remaining perpetually in the diocese, unless there is question of a cleric to be promoted to orders who has already been incardinated into the diocese through first tonsure, or of promoting an alumnus who is destined to the service of another diocese according to the norm of can. 969, § 2, or of promoting a professed religious, concerning whom in can. 964, n. 4 (Can. 956).

§ 1. The Vicar and Apostolic Prefect, an Abbot or Prelate nullius, if they are powerful with episcopal character, are equated to a diocesan Bishop as regards ordination.

§ 2. If they lack episcopal character, they nevertheless can, in their own territory and only while their office lasts, confer first tonsure and minor orders both upon their own secular subjects according to the norm of can. 956, and upon others who exhibit the dimissorial letters required by law; ordination performed by the same outside these limits is invalid (Can. 957).¹

¹ Cf. Addenda, p. 1094, n. 27.

Question 2. By whom are dimissorial letters for secular clerics to be granted? By whom for religious?

Resp. § 1. Dimissorial letters for seculars can be given, as long as they retain jurisdiction in the territory:

1°. The proper Bishop, after he has legitimately taken possession of his diocese according to the norm of can. 334, § 3, although not yet consecrated;

2°. The Vicar General, yet by special mandate of the Bishop;

3°. With the consent of the Chapter, the Capitular Vicar after a year from the vacant see; but within the year only to those constrained by reason of a benefice received or to be received, or by reason of some certain office for which, on account of the necessity of the diocese, provision must be made without delay;

4°. A Vicar and Apostolic Prefect, an Abbot or Prelate nullius, although they lack episcopal character, even for major orders (Can. 958).

As regards the ordination of religious: ...

2°. Exempt religious can licitly be ordained by no Bishop without the dimissorial letters of their own major Superior;

3°. Superiors can grant dimissorial letters to professed members of simple vows, concerning whom in can. 574, only for first tonsure and minor orders;

4°. The ordination of all other alumni of any religion is governed by the law of seculars, any indult granted to Superiors of giving dimissorial letters to major orders for professed members from temporary vows being revoked (Can. 964).

Question 3. To whom can dimissorial letters be sent for secular clerics? To whom must they be sent for religious clerics?

Resp. 1°. The letters can be sent to any Bishop having communion with the Apostolic See, with only this exception, apart from an apostolic indult: a bishop of a rite diverse from the rite of the one to be ordained. - Cf. Can. 961.

2°. A religious Superior must send the letters to the Bishop of the diocese in which the house of the one to be promoted is situated. Cf. Can. 965. Nor can he send them to another bishop unless the diocesan Bishop has given permission, or is of another rite, or is absent, or is not going to have an ordination at the next legitimate time, or when the one ruling a vacant diocese is not marked with episcopal character; which things must be made known to the bishop about to ordain from the authentic testimony of the diocesan curia. - Cf. Can. 966. Religious superiors must beware lest in fraud of the law they send the subject elsewhere or grant letters only when the bishop is going to be absent or is not going to have ordinations. Cf. Can. 967. See the penalties in Canon 2410.

Question 4. Whether besides dimissorial letters testimonial letters are required?

Resp. Affirmatively, as is established in the following canons.

Seculars to be promoted, or religious who, as regards ordination, are governed by the law of seculars, are to bring:

1°. Testimony of the last ordination or, if there is question of first tonsure, of Baptism and Confirmation received;

2°. Testimony concerning studies completed, required for the individual orders according to the norm of can. 976;

3°. Testimony of the rector of the Seminary, or of the priest to whom the candidate outside the Seminary has been commended, concerning the good morals of the same candidate;

4°. Testimonial letters of the Ordinary of the place in which the one to be promoted has stayed for so much time that he could have contracted a canonical impediment there;

5°. Testimonial letters of the religious major Superior, if the one to be promoted has been enrolled in some religion (Can. 993).

§ 1. The time in which the one to be promoted could have contracted a canonical impediment is, regularly, for soldiers three months, for others six months after puberty; but the ordaining Bishop according to his prudence can require testimonial letters even because of a shorter time of stay, and also because of time which preceded puberty.

§ 2. If the Ordinary of the place neither by himself nor through others knows the one to be promoted sufficiently, so that he can testify that during the time in which he stayed in his territory he contracted no canonical impediment, or if the one to be promoted has wandered through so many dioceses that it becomes impossible or too difficult to seek all testimonial letters, let the Ordinary provide at least through a supplementary oath to be furnished by the one to be promoted.

§ 3. If after testimonial letters have been obtained and before the ordination has been completed, the one to be promoted again has stayed in the same territory for the aforesaid space of time, new testimonial letters of the Ordinary of the place are necessary (Can. 994).

§ 1. A religious Superior also in his dimissorial letters must testify not only that the one to be promoted has emitted religious profession and is of the family of a religious house subject to him, but also concerning the studies completed and concerning the other things required by law.

§ 2. The Bishop, after receiving these dimissorial letters, does not need other testimonial letters (Can. 995).

Question 5. What is the effect of these letters?

Resp. After legitimate dimissorial letters have been received, the Bishop can ordain another's subject, provided he cannot rightly doubt the genuine faith of them, with the prescription of 944, § 3, preserved. - Cf. Can. 962. Although the letters can be limited or revoked by the one granting them or by his successor, once granted they are not extinguished when the right of the giver is dissolved. - Cf. Can. 963.

I. QUESTION I. Is a bishop alone the minister of this sacrament? ANSWER. As regards the major Orders all Catholics affirm it, and this was defined in Trent, session 23, canon 7, against the innovators. The inferior Orders only can be conferred by a simple priest, namely the tonsure and the four minor.

II. QUESTION II. How many bishops are required for the consecrating of a bishop? ANSWER. By the necessity of precept, three. Several theologians, as Cajetan and Bellarmine, defend that three, or two, are required by the necessity of the sacrament, so that there is no sacrament unless at least two be present. Several others deny this, and contend that an ordination made by one bishop is valid but unlawful. Custom nevertheless has always obtained that a presbyter be ordained bishop by three bishops, the case of necessity being removed.

III. Clerics are lawfully ordained by their own bishop alone, but validly by any bishop whatsoever. The proper bishop is either of origin, or of domicile, or of benefice. The bishop of the benefice is he in whose diocese a man in fact possesses a benefice; of origin, he in whose diocese the ordinand was baptized; the bishop of domicile, he in whose diocese a man has fixed his seat, with the mind of dwelling there in perpetuity. For contracting matrimony it suffices that a man dwell in good faith for a year in some parish, although he be afterwards about to depart. But for the receiving of sacred Orders not even a decade suffices, unless the mind be present of dwelling there perpetually. Since each man is assigned to the Church of that place in which he is ordained. A bishop can ordain his own familiar who shall have dwelt with him for a triennium, and can confer a benefice upon him, as Trent declared, session 23, chapter 9. Fraud would occur if a bishop with the intention of exempting the ordained man from his own bishop should confer a benefice upon him; in which case the bishop and the ordained man would be obnoxious to the penalties passed by the sacred canons.

IV. A bishop cannot ordain his own subject in another's diocese without the Ordinary's leave, as Trent declares, session 6, chapter 5 On Reformation. The bishop of Regulars is he in whose diocese they dwell, as several Councils have established. Concerning this the decree of Benedict XIV given in the year 1746 is to be seen, whose beginning is Impositi nobis, and so forth.

V. Dimissorial letters can be granted: 1. By the proper bishop; 2. By his Vicar general, if nevertheless he has received an express faculty; 3. By the Chapter of the cathedral Church, the See being vacant, a year having elapsed from the bishop's death, as Trent established, session 7, chapter 10. These letters a bishop ought not to grant save to those whom he shall have judged fit by his own examination. These letters do not expire by the death of the granter.

VI. QUESTION IV. At what time are Orders to be administered? ANSWER. On the Saturdays of the four seasons, on the Saturday before Passion Sunday, and on Holy Saturday. The consecration of a bishop on any Sunday whatsoever. Minor Orders privately on any feast day whatsoever; publicly on the Friday before the Saturday on which major Orders can be conferred, or on the same Saturday. The first tonsure on any day. These are the accustomed times. By privilege sacred Orders can be conferred on other days also. A bishop cannot repel the fit and worthy, since he is not the lord but the dispenser of ordination; just as neither can he ordain the unworthy. Frequently is it sinned in the latter, rarely in the former.

VII. In these ordinations the intervals ought to be observed, as Trent declared, session 23, chapter 11. A subdeacon cannot be ordained unless it be more than a year from the last Order received, nor be promoted to deacon unless a year has elapsed from the subdiaconate received, nor to the priesthood save after a year from the diaconate received. In the time of the intervals the ordained ought to exercise their own Orders. Upon these intervals a bishop can dispense from a reasonable cause with his own subjects.

VIII. QUESTION IV. Who are apt for sacred Orders? ANSWER. Males alone can be ordained, women being excluded. The demented and the unbaptized are excluded. For the minor Orders no age is determined by Trent, but only this is established, session 23, chapter 11, that they be conferred upon those who understand the Latin tongue. For the subdiaconate the 22nd year is required; for the diaconate the 23rd; for the presbyterate the 25th. Custom prevailing, it is enough that those years be begun. A higher Order cannot be received, the inferior not having been received. He who should be ordained by a leap would by that very fact remain suspended from the execution of the superior Order, the inferior being received.

IX. QUESTION V. Does he who receives Orders without being confirmed sin mortally? ANSWER. Trent, session 23, chapter 4 On Reformation, establishes these things: Let them not be initiated with the first tonsure who have not received the sacrament of Confirmation. Wherefore the graver theologians teach that they sin mortally who knowingly, Confirmation being omitted, receive the tonsure or the other Orders. Fr. La Croix, no. 2325, reports Busembaum with two others who teach that it is only a venial sin. And this opinion, says Fr. La Croix, no. 2325, is the more probable. Because where (he says) the question is of contracting a mortal sin, an obligation is not to be imposed unless it be certain. A robust reason! But neither, I say, is it to be taken away, unless it be more certainly established that no obligation is present. And as regards this knowledge it is safer to receive more certainty than the Angelic determines. Unless something more express be had, it is determined equally by denying and by affirming. In doubts therefore the safer part is to be chosen, all the figments of the Relaxers being dismissed. It is certain that he commits an evil who, Confirmation being neglected, receives Orders. What therefore is to be done? I decline the evil, and do the good.

X. QUESTION VI. Of how many kinds is a clerical title? ANSWER. Threefold: ecclesiastical, patrimonial, monastic. A title generally is taken for a right to possess anything lawfully. Wherefore the ecclesiastical clerical title is the right of enjoying the goods of the Church. This right is now acquired through a benefice peacefully possessed, or through a clerical pension. In the first ages of the Church men were not ordained unless assigned to a Church: ordination itself was the title by which the right was granted to a cleric of receiving sustenance from the goods of the Church.

XI. A patrimonial title is the right of perceiving fruits from goods other than those of the Church, which come to the ordained man either by gratuitous donation or by hereditary succession.

XII. By the ecclesiastical title alone, the patrimonial being excluded, clerics were ordained down to the tenth century, being assigned to a determinate Church. And by this title they received sustenance from the Church, and it was not permitted them to pass to another Church.

XIII. In these times, and chiefly after the eleventh century, a vicissitude of ecclesiastical discipline was brought forth. Among very many other documents, in Trent, as Cardinal Pallavicino narrates, Book 7, chapter 9, it was most keenly disputed against the patrimonial title; and for the restoring of the ancient discipline very many most holy Fathers laboured with the highest zeal, saying that priests loosed from the bond of an ecclesiastical title are like horses destitute of a bridle. The sacred Synod, suffused with divine light, that it might meet the evils of either kind, framed a most salutary rule, which if it were observed, ecclesiastical discipline would be restored. First it established that a bishop should ordain no one, even under the title of a patrimony, whom he had not judged useful or necessary to his Church. But those obtaining a patrimony or a pension (it says) can not hereafter be ordained, unless the bishop judge them to be assumed for the necessity or convenience of his Churches; it being first proved that they truly obtain that patrimony or pension, and that such is a right for them sufficient for sustaining life. But that the Tridentine Fathers might meet all the evils which had been exaggerated against clerics assigned to no Church, the holy Synod forbade, session 23, chapter 16 On Reformation, that anyone thereafter be ordained who is not assigned to some Church. Since (it says) no one ought to be ordained who in the judgment of his own bishop is not useful or necessary to his Churches, the holy Synod, treading in the footsteps of the sixth canon of the Council of Chalcedon, establishes that no one in future be ordained who is not ascribed to that Church or pious place for whose necessity or utility he is assumed, where he may perform his duties, and not wander in uncertain seats. But if he should forsake the place without consulting the bishop, let the exercise of sacred things be interdicted him.

XIV. Behold ecclesiastical discipline restored to its primeval splendour. Nothing is lacking, save that bishops exactly observe what Trent prescribes in promoting men to sacred ordinations. Whether today there be more clerics assigned to no Church than those who are assigned, let others judge.

XV. The third title is the monastic, by force of which Regulars are ordained, which title is called of poverty. For these are sustained from the goods of the Church, or of the house in which they made profession. Very many things concerning this title, and concerning life-pensions, which accompany the same, would have to be said. But they have been said elsewhere.

XVI. QUESTION VII. How many are the effects of the sacrament of Order? ANSWER. Three: 1. Sanctifying grace; 2. Sacramental grace, greater or less according to the diverse disposition of those receiving it; 3. The character is conferred. The character is a sign of Christ indelibly imprinted upon the soul. Very many other effects are wont to be recounted, such as are the obligation of preserving chastity by force of the annexed vow, of reciting the canonical hours, the privilege of the canon, of the forum, and others which are not effects of the sacrament, but obligations or privileges which follow upon the clerical state.