The Manuals Side by Side

The subject of Orders

Each work's treatment of this topic, whole and in its own order, in its own column. Paragraph numbers link to the passage in its place in the manual. Back to the topic page, where the passages of The Roman Catechism, 1917 Code of Canon Law, Decretals of Gregory IX, Decretum of Gratian on this topic are also listed.

Works

Side by side within this topic Who Can Be Ordained Validly · Requisites for Lawful Ordination · Admission and Preparation for Orders · What Must Precede Ordination · The Record and Testimony of Ordination

Noldin, Summa of Moral Theology

Vol. III, Bk. VII, Question Four. Concerning …, Article One. Concerning the Subject Itself.

n. 464.

464. The Subject of Valid Ordination. The subject of valid ordination is every baptized male and only a baptized male, even if he has not yet arrived at the use of reason. This is established from the institution of Christ, who wished orders to be conferred on men alone.1

Therefore for orders to be validly received, it is required and suffices: alpha. that the ordinand be male; beta. that he be baptized; gamma. that he have at least the habitual intention of receiving order, if he is an adult.

a. A boy before the use of reason is validly ordained; for an infant is capable of those sacraments which do not require a condition which he himself must furnish, as penance and matrimony require, and order demands no act to be placed by the recipient. But to a boy ordained in this way, after sufficient use of reason, an option is given either of ministering in the order received or of passing over to secular vows; but once the choice has been made he is then bound to fulfill the obligations of the order received and to persevere in them.2

b. Therefore one incapable of order, and indeed by divine law if the order is of divine institution, and by ecclesiastical law if the order is of ecclesiastical institution, is a female and one not baptized.

c. The reason on account of which a woman cannot receive sacred orders is this: that it is fitting for the cleric, as one deputed to the governance of the faithful, to excel by a certain superiority; but woman by nature is inferior and subject to man, although as to her person she may be able to excel man in the gifts of nature and grace.3

1 Cn. 968, 1.

2 Benedict XIV, constitution Eo quamvis, May 4, 1745.

3 Cf. Gen. 3, 16; 1 Cor. 11, 3, 14, 34.

n. 465.

465. The Subject of Licit Ordination. 1. For orders to be licitly received, it is required that the ordinand, by the judgment of his own ordinary, be furnished with the required qualities and not be bound by any irregularity or other impediment.1

  1. A secular ordinand must, by the judgment of his own bishop, be necessary or useful to the churches of the diocese. Nevertheless even his own subject can be ordained who for the future is destined to the service of another diocese.2

  2. Those to be promoted to sacred orders ought to be suitable with canonical suitability, concerning which suitability the bishop must be morally certain by positive arguments.3

  3. It is unlawful to coerce anyone in any way whatsoever to receive the clerical state.4

A cleric who, compelled by grave fear, received a sacred order and afterward did not ratify the ordination can be reduced to the lay state by sentence of a judge without any obligations of celibacy and of the hours.5

  1. The bishop ought to take care that those who aspire to sacred orders be instituted from tender years in a boys' seminary and educated devoutly. Moreover all through the whole curriculum of sacred theology ought to dwell in the clerics' seminary, unless the ordinary in a particular case dispenses from a grave cause. Those who legitimately stay outside the seminary should be commended to a suitable priest who will watch over them and form them to piety.6

Article Two.. Concerning the Requisites in the Subject.

For orders to be received licitly, several qualities are required in the ordinand either from the nature of the thing or from the prescription of the canons.

  1. That he be in the state of grace; for since order is a sacrament of the living, it supposes first grace. Therefore for orders which are not sacraments but only sacramentals to be licitly received, the state of grace is not required per se, to such an extent that one who is in the state of sin, at least grave sin, would not sin by approaching an ordination of this kind. But by reason of the Eucharist, which is customarily received in ordination, the state of grace is required.

  2. That he be confirmed; the Council of Trent says: "Let not those be initiated by first tonsure who have not received the sacrament of confirmation," which the new Code also requires.7

The reason is both because those who are not yet confirmed are not considered sufficiently firm in the faith, and because it is not fitting that they be constituted leaders of others who have not yet been made soldiers of Christ.

  1. That he be immune from censure and irregularity,8 about which things are spoken elsewhere.9

  2. That he have the clerical intention. Already for first tonsure there is required a purpose of ascending to the presbyterate and such a habit of life that it can be expected that the one ordained will in the future be a worthy priest. If, however, the one ordained refuses to ascend to a superior order, the bishop can neither compel him to receive it nor forbid him the exercise of the orders received, unless a grave cause or impediment stands in the way.10

1 Cn. 968, 1.

2 Cn. 969.

3 Cn. 973, 3.

4 Cn. 971.

5 Cn. 214, 1.

6 Cn. 972.

7 Council of Trent, sess. 23, c. 4, De reform. Cn. 974, 1.

8 Cn. 968, 1.

9 Cf. De poenis eccl.

10 Cn. 973, 1, 2.

n. 466.

466. 5. That he be cultivated by spiritual exercises. 1. Spiritual exercises must be performed:

a. By those to be promoted to first tonsure and minor orders, at least for three whole days;

b. By those to be promoted to sacred orders, at least for six whole days.

If some are to be promoted to several major orders within a semester, the ordinary can reduce the time of exercises for the diaconate, but not below three whole days.

  1. If after the exercises have been completed ordination is delayed beyond a semester from any cause, the exercises must be repeated; otherwise the ordinary judges whether they are to be repeated.

  2. Seculars are to perform these exercises in the seminary or in another pious or religious house designated by the bishop; religious in their own or in another house by judgment of the superior.

  3. The bishop must be made more certain concerning the performed exercises by testimony of the superior of the house in which they were performed; as regards religious, by the testimony of their own major superior.1

1 Cn. 1001.

n. 467.

467. 6. That he be furnished with morals congruent with the order to be received. So that it can be established for the bishop concerning the life and morals of the ordinand and concerning his immunity from any canonical impediment, public denunciations are prescribed.1

  1. Before the individual orders are conferred, the names of those to be promoted must be publicly announced in each parish church, except religious who have emitted perpetual vows.

The ordinary, however, can: a. dispense from the publication itself for a just cause; b. prescribe that it be made even in other churches; c. substitute for publication an affixing to the doors of the church for some days, among which one at least must be a feast day; d. make also other private investigations, if he has judged them necessary or opportune.

  1. Publication ought to be made in the church on a feast day of precept among the solemnities of Mass or on another day and hour at which a greater attendance of the people is had.

  2. If the candidate has not been ordained within six months, publication must be repeated, unless another judgment seems good to the ordinary.

The faithful are bound to reveal to the ordinary or parish priest before ordination the impediments which they know.

  1. The ordinary can commit to the parish priest, both to him who performed the publication and also to another, that he inquire concerning the life and morals of those to be ordained and transmit testimonial letters about this matter to the curia.2

1 Cn. 998.

2 Cn. 999; Cn. 1000, 1.

n. 468.

468. 7. That he be constituted in canonical age.

a. For first tonsure and minor orders a determined age is not prescribed; but since no one, whether secular or regular, is to be promoted to first tonsure before the begun theological course, it can be affirmed that ordinarily it cannot be received before the eighteenth or nineteenth year of age.1

b. For the subdiaconate the canonical age is the completed twenty-first year;

c. For the diaconate, the completed twenty-second year;

d. For the presbyterate, the completed twenty-fourth year;

e. For the episcopate, the completed thirtieth year.2

alpha. To bishops the faculty of dispensing in defect of age of one year is usually communicated by the holy see, but only for receiving the priesthood. The holy see itself very rarely dispenses in age for the subdiaconate, rarely for receiving the diaconate; but for receiving the priesthood it often dispenses even in a defect of one year and a half.

beta. He who maliciously, knowingly and willingly, receives a sacred order before canonical age is ipso facto suspended from the order received.3

1 Cn. 976, 1.

2 Council of Trent, sess. 23, c. 12, De reform. Cn. 975.

3 Cn. 2324.

n. 469.

469. 8. That he be instructed with due knowledge. 1. The prescriptions set forth by the Council of Trent on this matter have been adapted by more recent laws of the Church to the needs of the present time. And so:

a. No one, whether secular or regular, is to be promoted to first tonsure before he has begun the theological course, and therefore unless he has completed the regular curriculum of humanities studies.

b. The subdiaconate is not to be conferred unless the third year of the theological course is ending.

c. The diaconate, unless the fourth year has begun.

d. The presbyterate, unless after the middle of the fourth year.1

The theological course must be completed not privately but in schools instituted for this according to the norm of the Code of Canon Law.2

Moreover it is required that the scholastic complete a space of nine months after the final examination has been successfully completed.3

  1. Concerning the previous examination. a. All ordinands, whether seculars or religious, must undergo an examination before the order to be received; and those to be ordained to sacred orders must be examined also from the other treatises of sacred theology. The bishop determines the treatises themselves, as also the examiners and the method of examination.

b. The ordinary of the place who ordains by his own right or grants dimissorial letters receives the examination of all ordinands. Nevertheless, from a just cause he can also commit it to the ordaining bishop, if this latter wishes to take it on.

c. A bishop ordaining an alien subject, whether secular or religious, with legitimate dimissorials by which it is asserted that the candidate has been examined and found suitable, can acquiesce in the attestation, but is not bound to do so. And if in his own conscience he judges that the candidate is not suitable, he should not promote him.4

1 Cn. 976.

2 Cn. 976, 3.

3 S. C. Consist., March 24, 1911.

4 Cn. 996, 997.

n. 470.

470. 9. That he have emitted the profession of faith. From the prescription of the new Code, all to be promoted to the order of subdiaconate are bound to emit the profession of faith, and, until otherwise established, the anti-modernist oath. Moreover the ordinary can compel them to emit it again before the conferral of the individual orders, if he judges this necessary or useful.1

1 Cn. 1406, 1, n. 7; S. C. Consist., March 24, 1911; Holy Office, March 22, 1918.

Slater, Manual of Moral Theology

Vol. II, Bk. VIII, Chapter III. The Subject of Orders

n. 1.

To be able to receive Orders validly, the subject must be of the male sex and baptized (Can. 968). It has always been understood in the Church that women cannot receive Christian Orders. Moreover, an adult must have at least an habitual and express intention to receive ordination (unless indeed he is an imbecile and has never had the use of reason).

n. 2.

Many qualities and conditions are requisite for the lawful reception of Orders about which something must here be said; the fuller treatment of this matter belongs to canon law.

As we saw when treating of the clerical state, one who aspires to Orders must be of good life and must be called by God.

At least the Orders which are sacraments should be received in the state of grace, and Canon 1001 prescribes that before receiving the first tonsure and minor Orders the ordinand should devote at least three whole days to spiritual exercises, and before receiving sacred Orders he should devote at least six whole days to them.

In order that one may be lawfully ordained Canon 974 requires: (1) The reception of the sacrament of Confirmation; (2) moral conduct agreeably to the Order to be received; (3) the canonical age; (4) the required knowledge; (5) the reception of the lower Orders; (6) the observance of the interstices; (7) a canonical title if there is question of major Orders.

The subdiaconate may not be conferred before the completion of the twenty-first year of age, the diaconate before the completion of the twenty-second, and the priesthood before the completion of the twenty-fourth (Can. 975).

No one, whether secular or religious, is to receive the first tonsure before beginning his course of theology (Can. 976).

The subdiaconate may not be given except at the end of the third year of the course of theology, the diaconate only at the beginning of the fourth year, and the priesthood only after the middle of the fourth year (Can. 976, sec. 2).

Orders should be conferred by degrees, so that ordinations leaps and bounds are altogether prohibited (Can. 977).

Canon 978 prescribes that the interstices are to be observed, and during them those who have been promoted should exercise themselves in the Orders received according to the directions of the bishop.

The interstices between the first tonsure and the Order of door-keepers and between the minor Orders are left to the prudent judgement of the bishop; one year should elapse between the Order of acolytes and the subdiaconate; three months between the subdiaconate and the diaconate.

Without special leave of the Roman Pontiff minor Orders may never be given with the subdiaconate or two sacred Orders on one and the same day, and any custom to the contrary is reprobated; it is also forbidden to give the first tonsure together with one of the minor Orders, or all the minor Orders at once.

A bishop must have completed his thirtieth year.

By common law sacred Orders should be conferred during Mass on the Saturdays in Ember Week, or before Passion Sunday, or before Easter Sunday. For grave reason a bishop can confer them on any Sunday or holiday of obligation.

The first tonsure may be conferred on any day and at any time; minor Orders on Sundays and on doubles, in the morning (Can. 1006).

Those who receive sacred Orders must communicate in the Mass of ordination (Can. 1005).

The Church does not wish her clergy to have to beg or to exercise some unbecoming trade in order to gain a livelihood, so she requires that to be admitted to sacred Orders a cleric must have a title, as it is called, or a certain guarantee of decent support. Various titles are recognized by ecclesiastical law, such as a benefice, pension, patrimony, poverty for religious, a common table, the Mission, and others. If a cleric already ordained loses the title of his ordination he should find another, unless in the bishop’s judgement his decent support is otherwise provided for (Can. 980).

Before ordination regulars must be solemnly professed, unless they have a special privilege by which simple profession suffices.

After ordination a priest pays homage to the bishop and solemnly promises obedience to his ordinary. He undertakes no new burden by this promise; he simply binds himself anew to pay canonical obedience to the bishop in all matters subject to his authority; and a secular priest obliges himself not to leave the diocese for which he was ordained without the leave of his bishop.

Wouters, Manual of Moral Theology

Vol. II, Bk. III, Tr. VII, Diss. III, Part I. On the Person Receiving Orders · Vol. II, Bk. III, Tr. VII, Diss. III, Part II. On Admission and Preparation for the Reception of Orders · Vol. II, Bk. III, Tr. VII, Diss. III, Pt. III, Section I. On the Requisites for Valid Reception · Vol. II, Bk. III, Tr. VII, Diss. III, Pt. III, Sect. II, Chapter I. On the Positive Requisites · Vol. II, Bk. III, Tr. VII, Diss. IV, Part I. On Those Things which Must Precede Ordination · Vol. II, Bk. III, Tr. VII, Diss. IV, Part IV. On the Notation and Testimony of Ordination Performed

Vol. II, Bk. III, Tr. VII, Diss. III, Part I. On the Person Receiving Orders

n. 604.

The subject capable of receiving ordination is every baptized male who has not yet received it (canon 968, § 1).

It is said every, even infants and those perpetually without use of reason. "By the concordant judgment of theologians and canonists," says Benedict XIV, "it has been determined that this ordination is to be considered valid but illicit, provided it labors under no substantial defect of matter, form, and intention in the ordaining Bishop; the contrary opinion, which has rare followers and which has never pleased the supreme tribunals and Congregations of the City, not being heeded."1 It was disputed only to some extent whether the Episcopate can validly be received before the use of reason has been acquired. Today, however, this is commonly admitted (cf. St. Thomas, Supplement, q. 39, a. 2).

Nevertheless, an infant ordained in this way without his own will is bound by no obligations of clerics unless, fully master of his mind after completing the sixteenth year, he has ratified the ordination.2

Nor, in order that someone be capable of receiving a higher Order, is it required that he have received a lower Order. An exception, however, according to the much more common opinion, is the Episcopate, which cannot validly be conferred if the priesthood has not already been received (St. Alphonsus, VI, 793).

1 Instruction Eo quamvis tempore, § 20, May 4, 1745.

2 Benedict XIV, cited Instruction, § 28 sq.; Constitution Anno vertente, § 7 sq., May 19, 1750.

Vol. II, Bk. III, Tr. VII, Diss. III, Part II. On Admission and Preparation for the Reception of Orders

n. 605.

I. No one from among seculars is to be ordained who, in the judgment of his proper Bishop, is not necessary or useful for the churches of the diocese. Yet the Bishop is not prohibited from promoting his own subject who is destined in the future, after legitimate excardination and incardination, for the service of another diocese (canon 969).

II. First tonsure and Orders are to be conferred only on those who have the purpose of ascending to the Presbyterate and whom one may rightly conjecture will someday be worthy priests (canon 973, § 1). Yet an ordained man who refuses to receive higher Orders can neither be compelled by the Bishop to receive them, nor be prohibited from the exercise of the Orders received, unless he is held by a canonical impediment or some other grave cause stands in the way, in the judgment of the Bishop (canon 973, § 2).

III. The Bishop is to confer sacred Orders on no one unless from positive arguments he is morally certain about that person's canonical suitability; otherwise he not only sins most gravely, but also commits himself to the danger of communicating in another's sins (canon 973, § 3). It is said from positive arguments; therefore it does not suffice that nothing is opposed, or that the ordinand has not committed a sin which can be juridically proved. For the rest, these things do not suffice for acquiring moral certainty.

Nor is one to depart from these things on account of a shortage of priests. "Care must be taken," says Benedict XV in his letter to the Bishops of Bolivia,1 "lest those less worthy also be admitted to the priesthood by reason of necessity... Therefore we must weigh not how many, but what kind of sacred ministers we take up; and, after trying all the things which prudence may suggest for fostering the pursuit of the priesthood among youth, let us diligently commend the matter to God, in whose hand it is." Add these words of the Fourth Lateran Council: "It is better... to have fewer ministers, but upright... and useful ones, than more who... will be of no avail."2 Likewise these words of St. Thomas: "God never so deserts His Church that suitable ministers sufficient for the necessity of the people cannot be found, if the worthy were promoted and the unworthy repelled. Even if as many ministers could not be found as there now are, it would be better to have a few good ministers than many bad ones" (Supplement, q. 36, a. 4, ad 1).

But if applicants are superabundant, the Bishop, in order to guard against idleness, should choose the better ones and leave aside the less suitable; and, with the things that must be observed being observed, religious Superiors also can apply these things with respect to those whom they foresee will be almost useless in religion for undertaking priestly offices.

IV. The proper Bishop or major religious Superior can forbid his clerics ascent to Orders for any canonical cause, even occult, and even extrajudicially, with the right of recourse to the Holy See remaining intact, or also to the Moderator General if it is a question of religious whose ascent has been forbidden by the Provincial Superior (canon 970).

V. Care must be taken that those aspiring to sacred Orders be received into the Seminary from tender years; but all are bound to remain there at least through the entire curriculum of sacred theology, unless the Ordinary has dispensed in particular cases for a grave cause, his conscience being burdened. Those who aspire to Orders and legitimately remain outside the Seminary are to be commended to a pious and suitable priest, who is to watch over them and form them to piety (canon 972).

1 August 4, 1918.

2 Chapter 27.

Vol. II, Bk. III, Tr. VII, Diss. III, Pt. III, Section I. On the Requisites for Valid Reception

n. 606.

I. In infants and those perpetually without use of reason, no intention is required; this follows from the fact that they are incapable of eliciting an intention and yet, if they are ordained, they receive ordination validly (n. 604).

II. In adults intention or consent is required; habitual intention suffices. But it is disputed to some extent whether consent to the very Order to be received is required, or whether it suffices that the ordinand consent to the application of the external rite, although he does not wish to receive the Order (n. 40).

One who consents through grave fear, for example compelled by threats or terror, is indeed validly ordained; but as canon 214 has it: "A cleric who, compelled by grave fear, receives a sacred Order and afterward, once the fear has been removed, has not ratified the same ordination at least tacitly by the exercise of the Order, while nevertheless intending by such an act to subject himself to clerical obligations, is to be reduced to the lay state by sentence of a judge, after the coercion and the lack of ratification have been legitimately proved, without any obligations of celibacy and of the canonical hours. But coercion and lack of ratification must be proved according to the norm of canons 1993-1998."1 These things, as is clear, do not pertain to him whom fear impressed from within, for example fear that, if the lay state is chosen, he will lead a miserable life, has led to Orders.

1 Cf. A.A.S. 1931, p. 120 and p. 457 sq., where there are: 1° the remedy for preventing ordinations from fear; 2° the rules to be observed in processes concerning the nullity of sacred ordination or of the burdens inhering in sacred Orders.

Vol. II, Bk. III, Tr. VII, Diss. III, Pt. III, Sect. II, Chapter I. On the Positive Requisites

n. 608.

(n. 608 stands at the heading Chapter I. On the Positive Requisites.)

n. 609.

608-609. Canon 974 states: "In order that someone may licitly be ordained, that is, receive tonsure and Orders, there are required: 1° received sacred Confirmation; 2° morals congruent with the Order to be received; 3° canonical age; 4° due knowledge; 5° reception of the lower Orders; 6° observance of interstices; 7° a canonical title, if it is a question of major Orders. As regards episcopal consecration, the prescription of canon 331 is to be observed." We shall speak of each, omitting those things which pertain to episcopal consecration, after first saying certain things about vocation, about the state of grace, and about the intention of ascending to the Presbyterate, and adding some things about the intention with which Orders are to be received.

I. Vocation;1 concerning which it is useful to establish the following.

  1. At least some vocation must be admitted altogether, so that it is licit for no one to approach ordination merely of his own accord. This is clear from these words of Sacred Scripture: "Nor does anyone take the honor to himself, but he who is called by God as Aaron was";2 these words some, considering the context, understand of ecclesiastical vocation, others of divine vocation.

  2. A twofold vocation is required, ecclesiastical, that is, proceeding from the Bishop, and divine.

a) No one denies that ecclesiastical vocation is required. For the rest, the Cardinal Secretary of State on July 2, 1912, signified that Pius X approved the judgment pronounced by the Commission of Cardinals concerning the work of Lahitton; and this judgment declared that the work La vocation sacerdotale was in no way to be reproved, indeed that in many respects it was outstandingly to be praised, for example "insofar as it maintains: 1° that no one ever has any right to ordination antecedently to the election of the Bishop," etc.3

b) Divine vocation also is required. For: 1° Canon 1353 enacts: "Let priests, especially pastors, take care that boys who show signs of ecclesiastical vocation be guarded with special care from the contagion of the world, be formed to piety, be imbued with the first studies of letters, and that the seed of divine vocation in them be fostered." And canon 1357, § 2 states: "Above all let the Bishop strive frequently to visit the Seminary personally, and to acquire for himself a fuller knowledge of the character, piety, vocation, and progress of the students, especially on the occasion of sacred ordinations." But by these words ecclesiastical vocation cannot be signified, since it has not yet taken place. There is added the authority of the Holy Fathers and Doctors of the Church. Thus, for example, St. Cyprian,4 St. Cyril of Alexandria,5 St. Bernard,6 St. Thomas (p. 3, q. 27, a. 4), and St. Alphonsus (VI, 802) teach.

Nor is opposed the judgment pronounced by the Commission of Cardinals concerning the work of Lahitton, which praises the said work "insofar as it maintains: 1° (that which we have already noted) that no one ever has any right to ordination antecedently to the free election of the Bishop; 2° that the condition which must be attended to on the part of the one to be ordained, and which is called priestly vocation, by no means consists, at least necessarily and by ordinary law, in some internal aspiration of the subject or invitations of the Holy Spirit toward entering the priesthood; 3° but on the contrary, that nothing more is required in the ordinand, in order that he be duly called by the Bishop, than right intention together with suitability placed in those gifts of grace and nature, and proved through that probity of life and sufficiency of doctrine, which produce a founded hope that he will be able rightly to undertake the offices of the priesthood and holily observe its obligations." But these things are well composed with the opinion which admits divine vocation, if it is said that in the foregoing the discussion concerns those things which must be attended to by the Bishop in order that he may duly call someone to Order; it suffices to attend to the signs of divine vocation. There is added that right intention cannot be had without the grace of God; and, strictly speaking, this already suffices for us to be able to speak of divine vocation.

  1. The signs of divine vocation are right intention and suitability. Right intention consists in the will of embracing Orders with a view to the glory of God and the salvation of souls (St. Alphonsus, VI, 802). Suitability is constituted by due knowledge and due probity of life, of which there will be discussion in nn. 613 and 615.

Sometimes extraordinary signs of divine vocation are present, when, namely, God manifests it in a miraculous way, as happened in St. Paul, or by unusual movements of grace.

Corollary I. One who does not follow a recognized vocation cannot be excused from sin, since, deprived of the special graces especially annexed to vocation, he exposes himself to grave danger of departing from the way of salvation (cf. the things said by St. Alphonsus about the religious state, IV, 78).

Corollary II. One who embraces the clerical state without vocation seems to sin gravely. The reason is that he undertakes obligations so difficult that they are scarcely observed without special helps, without a founded hope of receiving those helps (St. Alphonsus, V, 803).7

Corollary III. It is unlawful to force anyone in any way, for any reason, to the clerical state, or to turn away from the same state one who is canonically suitable (canon 971).

1 Cf. Lahitton, La vocation sacerdotale; Jansen, in Ned. Kath. Stemmen, 1911, p. 324 sq.; 1912, p. 270 sq.; Hurtaud, La vocation au sacerdoce; Vermeersch, De vocatione religiosa et sacerdotali.

2 Heb. 5:4; cf. 1 Tim. 3:10; Roman Catechism, p. II, c. 7, q. 3.

3 A.A.S. 1912, p. 485.

4 Epistle 55 to Pope Cornelius, n. 5, Migne, t. 3, col. 803.

5 De adoratione in Spiritu et veritate, book II, Migne, t. 182, col. 585.

6 Sermon 58, In Cantica, n. 3, Migne, t. 183.

7 Cf. Roman Catechism, p. 2, c. 7, qq. 3 and 4.

n. 610.

II. The state of grace is required under grave obligation in receiving Orders which are sacraments; with respect to the others, there is not a grave obligation.

n. 611.

III. The intention of ascending to the Presbyterate (canon 973, § 1); the direct grave obligation is not sufficiently established, but one who receives a major Order without the said intention commonly gravely deceives his Superiors.

n. 612.

IV. Received sacred Confirmation, which canon 974, § 1, 1° prescribes, and concerning which the Council of Trent says: "Let those not be initiated by first tonsure who have not received the Sacrament of Confirmation."1 Now the obligation of receiving Confirmation before first tonsure is quite probably only slight, because the Council of Trent, from which the Code is not judged to depart, speaks more mildly. Nor do the words of the Sacred Congregation of the Council2 seem to be pressed too much, since it declares that one who has received first tonsure or Orders without being confirmed, as one badly promoted, cannot ascend to other Orders nor receive benefices without dispensation of the Apostolic See.

1 Session 23, cap. 4, De reformatione.

2 September 27, 1601.

n. 613.

V. Morals congruent with the Order to be received (canon 974, § 1, 2°; cf. canon 973); by these are understood especially piety, chastity, and sobriety, exercised, of course, through acts which do not merely present the external appearance of virtue. Therefore the said virtues are prescribed also by ecclesiastical law. Likewise they are prescribed by the moral law, and indeed, especially with respect to sobriety and chastity, under grave obligation: both by reason of the sacred and most worthy office, and by reason of the danger lest the ordained man, deprived also of the assistance of conjugal life, fall into many sins and be a grave scandal to others (St. Alphonsus, VI, 63 sq.; Homo Apostolicus, last tract, n. 16, 17). St. Thomas says thus: "Through Sacred Order someone is deputed to the most worthy mysteries, by which service is rendered to Christ Himself in the sacrament of the altar, for which a greater interior sanctity is required than the religious state requires" (2.2, q. 184, a. 8). And elsewhere: "One who is entangled in some vice ought not to be admitted to the ministry of Order" (Supplement, q. 35, a. 1, ad 3). Again: "For the suitable execution of Orders not just any goodness suffices, but excellent goodness is required" (Supplement, q. 35, a. 1, ad 3). And: "Those who are applied to the divine mysteries ought to be perfect in virtue" (In 4 Sent., d. 24, q. 3, a. 1). And: "Interior perfection is required for this, that someone worthily exercise acts of this kind" (2.2, q. 184, a. 6; cf. q. 189, a. 1, ad 3).

How greatly Bishops and other ecclesiastical Superiors must attend to morals congruent with the Order to be received is gathered from innumerable ecclesiastical documents, of which it is pleasing to bring forward the principal ones. Innocent III, in his Decretal which begins A multis, De Aetat. et Quantit., enacts: "Let no one be permitted to approach sacred Order unless he is either a virgin or is of proved chastity." The Council of Trent says: "Let Bishops know... that not every individual established in that age must be assumed to these Orders, but only those who are worthy, and whose proved virtue is old age."1 The Roman Catechism says: "In him who is to be created a priest, integrity of life and morals ought greatly to be commended."2 The same things are inculcated by Benedict XIV in his Encyclical Ubi primum,3 Leo XIII in the Encyclical Etsi nos,4 in his letter to the Bishops of Prussia,5 and in his Encyclical to the Bishops of Italy,6 and Pius X in the Motu proprio Sacrorum Antistitum.7

Corollary I. The things we have said about the moral law hold perfectly indeed for the priesthood alone, but less perfectly also for the Subdiaconate, and a fortiori for the Diaconate; and this all the more because today hardly anyone receives a major Order without being about to ascend to the priesthood.

Corollary II. Definitive judgment about the required morals belongs to the Bishop. Hence canon 1357, § 2: "Above all let the Bishop strive frequently to visit the seminary personally, carefully to watch over ecclesiastical instruction, and to acquire for himself a fuller knowledge of the character, piety, vocation, and progress of the students, especially on the occasion of sacred ordinations." A grave obligation also falls on Superiors, Directors, and confessors to keep the unworthy from Orders, with the things that must be observed being observed. "Whoever," says Leo XIII in his Encyclical to the Bishops of Italy,8 "in the course of education shall have shown inclinations less suited to a priestly vocation, let them be sent away; and in admitting clerics to Sacred Orders the greatest weighing must be applied." And the Sacred Congregation of Bishops and Regulars, in the norms for the seminaries of Italy, stated: "Besides the spiritual director of the students, certain learned and pious priests shall be designated for hearing their confessions; mindful of their grave obligation and according to the track of approved authors, they will provide counsels and lights to their penitents in their doubts, imposing the obligation of withdrawing from the ecclesiastical state on those who have shown themselves not to be called" (n. 2).9

Corollary III. One habituated in vice, for example of lust or drunkenness, is bound under grave obligation to desist from receiving sacred Order until he has put on morals congruent with the Order, indeed until for a notable time, for example for six months, he has conducted himself as amended, so that he must be said to have put on different morals and can form moral certainty that he will fulfill the obligations annexed to the Order. Except the case, however not easily to be presumed, in which someone is healed by an extraordinary impulse of grace (St. Alphonsus, VI, 802). So also the Venerable Paul Segneri, Leonard of Port Maurice, and innumerable others; cf. also the norms of the Sacred Congregation of Bishops and Regulars cited above.

For the rest, with respect to sins of lust, one must proceed more severely if the sins are with persons of the other sex than if they are solitary; still more severely if the discussion concerns sins with persons of the same sex. If the latter arise from a passing passion, greater hope of amendment shines forth; but if they proceed from an abnormal and permanent passion - in which case affection toward the other sex is lacking - hope of amendment is to be regarded as practically none.

In doubt whether morals congruent with the Order to be received are present, ordination should be deferred, unless, all things considered, it is better to persuade the ordinand to abstain from receiving Sacred Orders.

1 Session 23, cap. 12, De reformatione.

2 Part II, c. VII, q. 28.

3 December 3, 1740.

4 February 25, 1884.

5 January 6, 1886.

6 December 8, 1902.

7 September 1, 1910.

8 December 8, 1902.

9 In Monitor ecclesiasticus 1910, p. 123.

n. 614.

VI. Canonical age for tonsure and minor Orders is not directly established; but, as canon 976, § 1 states: "No one, whether secular or religious, is to be promoted to first tonsure before the theological course has been begun." With respect to major Orders, canon 975 enacts: "The Subdiaconate is not to be conferred before the twenty-first year has been completed; the Diaconate before the twenty-second has been completed; the Presbyterate before the twenty-fourth has been completed." In doubt whether someone has arrived at the required age, he cannot receive the Order, because the prohibition of receiving it, as the prior thing, is of the better condition (St. Alphonsus, VI, 799; t. I, n. 229).

n. 615.

VII. Due knowledge is imposed both on religious and on seculars. Now:

  1. No one, whether secular or religious, is to be promoted to first tonsure before the theological course has been begun (canon 976, § 1).

  2. The Subdiaconate is not to be conferred except at the end of the third year of the theological course; the Diaconate, except when the fourth year has begun; the Presbyterate, except after the middle of that same fourth year (canon 976, § 2).

  3. The theological course must have been completed not privately, but in schools instituted for this according to the plan of studies determined by canon 1365 (canon 976, § 3).

  4. In order that someone can be promoted to the Episcopate, he must be endowed with the degree of doctor or at least licentiate in sacred theology or canon law in some university or Institute of studies approved by the Holy See, or at least be truly expert in those same disciplines; but if he belongs to some religious institute, he must have from his major Superiors either a similar title or at least a testimony of true expertise (canon 331, § 1, 5°).

n. 616.

VIII. Reception of lower Orders; namely, Orders are to be conferred gradually, so that ordinations by leap are altogether prohibited (canon 977; cf. Council of Trent).1 The prohibition of receiving Orders by leap is grave, as is clear both from the gravity of the words which the cited canon and Council of Trent use, and from the attached penalty (cf. canon 2374).

1 Session 23, canon 2 and cap. 11, 14, De reformatione.

n. 617.

IX. Observance of interstices is chiefly prescribed so that "those promoted may exercise themselves in the Orders received, according to the prescription of the Bishop" (canon 978, § 1), and may always show themselves more suitable for receiving the Presbyterate;1 these words, however, are not to be understood as of strict precept. These interstices are to be observed:

  1. The interstices between first tonsure and the Ostiariate, or between the individual minor Orders, are entrusted to the prudent judgment of the Bishop (canon 972, § 2). Nevertheless it is not licit: 1° to confer first tonsure together with any of the minor Orders; nor 2° to confer all minor Orders at the same time (cf. canon 978, § 3). Yet a contrary custom is not reproved, as happens in those cases of which we shall now speak.

  2. Between the Acolytate and the Subdiaconate at least one year must intervene; between the Subdiaconate and the Diaconate, and likewise between the Diaconate and the Presbyterate, at least three months, unless the necessity or utility of the Church, in the judgment of the Bishop, requires otherwise (cf. canon 978, § 2). The year of interstices can be computed either ecclesiastically, for example from one Saturday within the Octave of Pentecost to another, or civilly, for example from the first day of March to the same day of the next following year.

As is clear from the cited canon, the Bishop can dispense from interstices for a cause of public necessity or utility, not only seculars but also religious; and because no limitation is added, he can even grant that Orders be conferred on continuous days. Seculars and non-exempt religious are dispensed by the proper Bishop; exempt religious by him who legitimately ministers Orders to them. Nevertheless, without the special permission of the Roman Pontiff it is never licit: 1° to confer minor Orders with the Subdiaconate; 2° to confer two sacred Orders on one and the same day, any contrary custom being reproved (cf. canon 978, § 3).

Note. Regulars enjoy the privilege of receiving Orders without observing interstices. Some indeed deny this, because Gregory XIII, who granted to the Society of Jesus the privilege of receiving Sacred Orders on individual Sundays and on three feast days even continuous, stated that this privilege was incommunicable. But it is more truly and more commonly affirmed; because other Pontiffs gave to other Orders so broad a communication of the privileges of the Society of Jesus that it also contains this privilege; for example, Urban VIII, by the Constitution Redemptoris nostri,2 to the Order of the Most Holy Trinity; Alexander VIII, by the Constitution Inscrutabili,3 to the Order of Blessed Mary of Mercy (cf. St. Alphonsus, VI, 797, dub. 3; De privilegiis, 9). Moreover Ferraris4 reports that Clement VIII5 granted to the Congregation of St. John the Evangelist in Lusitania the same dispensation from interstices, without a clause excluding communication; and the other Regular Orders certainly participate in this privilege. Then Leo XII, by the Constitution Plura inter,6 granted anew to the Society of Jesus the faculty of receiving Orders "with interstices by no means observed," with no exclusionary clause added.

Objection. After Trent the practice became established in the Roman Curia of not granting indults except with an added or understood condition that the days of ordination should be feast days, and indeed interposed days, not continuous ones.7

Response: "This limitation commonly regarded only indults granted to ordinands, but not privileges granted to Regulars or even sometimes to Bishops. But the addition of such a condition again proves that privileges which had previously been granted without such clauses are not subject to the aforesaid limitations."8

1 Council of Trent, cap. 11-13, De reformatione.

2 March 22, 1634, n. 2.

3 July 28, 1690.

4 Interstitia, n. 14-16.

5 November 23, 1596.

6 July 11, 1826.

7 Cf. Decree of Innocent XII, December 14, 1693; Giraldi, II, 95.

8 Aertnys-Damen, II, 578; cf. Sacred Congregation of Rites in one Marianopolitan case, May 18, 1883 (n. 587 in the old collection), not taken up in the authentic collection, n. 3574.

n. 618.

X. Canonical title, if it is a question of major Orders. A title of support is understood, that is, a guarantee by which provision is made for the suitable and of itself perpetual support of the ordinand. It is required, however, if it is a question of receiving major Orders (canon 974, § 1, 7°),1 lest perhaps the ordained man be forced to provide for himself by begging or in some other way which cannot be reconciled with the dignity or offices of the state. "One ordained in sacred Orders, if he loses the title, is to provide another for himself, unless, in the judgment of the Bishop, provision has otherwise been made for his suitable support" (canon 980, § 1). "But those who, apart from an apostolic indult, knowingly ordain their own subject in sacred Orders without a canonical title or permit him to be ordained, must themselves and their successors provide the necessary sustenance to the same needy person, until provision has otherwise been made for his suitable support" (canon 980, § 2). Finally, if a Bishop has ordained someone without a canonical title with an agreement that the ordained man not ask sustenance from him, this agreement lacks all force (canon 980, § 3). With respect to the required title, observe:

  1. For secular clerics the canonical title is the title of benefice, and, failing that, of patrimony or pension. This title must be both truly secure for the whole life of the ordained man and truly sufficient for his suitable support, according to the norms to be given by Ordinaries for the different necessities and circumstances of places and times (canon 979). If not even one of the titles just assigned is available, it can be supplied by the title of service of the diocese, and, in places subject to the Sacred Congregation of Propaganda Fide, by the title of mission (canon 981, § 1). Now:

a) The title of benefice is that which is founded in a benefice; but a benefice actually obtained and peacefully possessed is required. But resignation of the benefice by whose title the cleric was ordained is null unless express mention is made that the cleric had been promoted by that title and had substituted for it another legitimate title of ordination, by grant of the Ordinary (canon 1485).

b) The title of patrimony is that which is founded in patrimony. By the name of patrimony here are understood goods possessed by the ordinand and sufficiently free from mortgage or other burden. "It is indifferent whether the patrimony is constituted in stable and certain fruitful goods, or in things which are equated with immovables. Thus a lay chaplaincy can be a title of patrimony, provided those who enjoy the right of naming have pledged their good faith, with the authority of the Bishop interposed, that they will not revoke the chaplain until provision has been made for him by a suitable benefice or patrimony."2

c) The title of pension is that which is founded in a pension. By the name of pension is understood a stipend of support assigned to the ordinand and to be supplied to him annually, whether from ecclesiastical benefices or from other goods. Hence also a personal pension.3

Note. As formerly, so also now the insufficiency of one title can be supplied by another title.4

d) The title of service of the diocese and of mission carries with it that the ordinand, by interposing an oath, devotes himself perpetually to the service of the diocese or mission, under the authority of the local Ordinary for the time being. The Ordinary must confer on the priest whom he has promoted by the title of service of the church or mission a benefice, office, or subsidy sufficient for his suitable support (canon 981).

  1. For religious, the title is established as follows:

a) For Regulars the canonical title is solemn religious profession, or the title, as it is called, of poverty (canon 982, § 1); note that solemn profession alone is a title for Regulars.

b) For religious of perpetual simple vows, whether emitted in an Order or in a religious Congregation, the title is that of the common table, of the Congregation, or another similar title, according to the norm of the constitutions (canon 982, § 2); that is, as the legitimate constitutions have established or will establish in the future.

c) Other religious, that is, religious of temporary vows, whether emitted in an Order or in a religious Congregation, and likewise novices, as regards the title of ordination, are governed by the law of seculars (canon 982, § 3). The title of the common table does not belong to these religious, because they are not yet devoted to religious life, and therefore lack the right of receiving perpetual support from the goods of the religious institute.

1 Council of Trent, session 21, cap. 2, De reformatione.

2 Gasparri, n. 606.

3 Aertnys-Damen, II, 590; cf. St. Alphonsus, VI, 817.

4 Cf. Benedict XIV, Quaestiones canonicae, 46.

n. 619.

XI. Right intention; concerning this it suffices to have observed these things:

  1. A merely natural intention, that is, one resting on a natural motive alone, does not suffice, so that someone can be excluded for that cause.

  2. An intention at least predominantly or equally supernatural suffices to this extent, that one approaching with an intention of this kind cannot be kept away.

Vol. II, Bk. III, Tr. VII, Diss. IV, Part I. On Those Things which Must Precede Ordination

n. ¶1.

In setting out those things which must precede ordination, account must be taken both of the Code and of the Instruction of the Sacred Congregation of the Sacraments1 and of the Sacred Congregation of Religious.2 The matters to be attended to regard the petition of the ordinand, inquiries, testimonies to be brought forward, examination, denunciations, and spiritual exercises.

1 December 27, 1930 (A.A.S. 1931, p. 120 sq.).

2 December 1, 1931 (A.A.S. 1932, p. 74 sq.).

n. 648.

I. Petition of the ordinand. All, both seculars and religious, who are to be promoted to Orders are to disclose their purpose before ordination at an opportune time, either personally or through others, to the Bishop or to another who in this matter acts in the place of the Bishop (canon 992); and these things are determined more fully in the cited Instructions as follows:

  1. Secular ordinands:

a) As the time approaches in which candidates are going to receive first tonsure and minor Orders, they themselves are to present, at least two months beforehand, to the rector of the seminary a written petition, composed and signed by their own hand, in which they candidly signify that with a wholly free and spontaneous will they ask for first tonsure and afterward minor Orders. The said petition, to which there must be added an attestation concerning Baptism received and the sacrament of Confirmation received, is presented to the Bishop by the same rector of the Seminary, together with his personal information about the petitioner's suitability for the clerical state.

b) Before the Subdiaconate, likewise before the Diaconate and Presbyterate, they must write with their own hand a declaration, confirmed by oath, in which they acknowledge that they approach the Order with complete freedom and that they have duly considered all burdens annexed to it. The tenor of the declaration to be written and confirmed is found in A.A.S. 1931, p. 127.

  1. Religious ordinands:

a) While they are still in the novitiate, before profession of temporary vows, which must altogether precede promotion to tonsure and minor Orders, they are to present to the Superior a written petition in which, in express words, they give testimony concerning their vocation to the religious and clerical state, and at the same time disclose a firm purpose of perpetually binding themselves to the clerical service in the religious state. The said petition and declaration are to be preserved in the archive.

b) Before the Subdiaconate, and in Orders of solemn vows before the emission of those vows, they must present to the Superior a testimony subscribed by their own hand and confirmed by the faith of an oath before the Superior; the tenor of the said testimony is found in A.A.S. 1932, p. 80.

n. 649.

II. Inquiries. 1. With respect to secular ordinands, the Instruction of the Sacred Congregation of the Sacraments prescribes:

a) Before the conferral of first tonsure and minor Orders, the Ordinary will remit the candidate's petition to the rector of the Seminary or to another, with a mandate of inquiring into the suitability and qualities of the petitioner. To this end, the rector will hear the prefects and teachers of the students not only separately, but also convoked together. Furthermore, the pastor of the candidate and of his family should be heard; likewise others, if it is judged opportune, according to the norms added to the Instruction. Finally, the mind of the candidates must be explored individually by the proper Bishop or, if he is impeded, by the Vicar General, or by the rector of the Seminary, or even by those who are deputed to protect the discipline of the whole seminary.

b) Before the Subdiaconate a new investigation is to be instituted, which, however, taking account of the inquiry already previously instituted, is to inquire concerning the candidate's morals and his moral qualities.

c) Before the Diaconate and Presbyterate it is usually sufficient to keep before one's eyes the inquiries already performed, unless meanwhile new circumstances must be weighed which force one to doubt the sincere purpose of the candidate, or his moral suitability for observing the burdens and carrying out the obligations received with Sacred Orders. But if the Bishop, before someone is initiated to the Diaconate or to the priesthood, has as certain from the confessions of the one to be promoted or from other certain indications and proofs received, that he is truly destitute of a sacred vocation, he should not omit to approach the Holy See, candidly and plainly reporting the state of the matter, or the arguments by which a vehement doubt is fostered concerning the suitability of the subdeacon or deacon for bearing greater burdens worthily and faithfully. The matter is indeed of such great moment that the conscience of Ordinaries remains gravely burdened by this obligation, so that the danger may be removed of imposing hands on a deacon or priest who is unequal to sustaining the most grave burden of Sacred Orders.

  1. With respect to religious ordinands the Sacred Congregation of Religious prescribes:

a) Before the minor Orders, the Superiors of religious are to institute an inquiry concerning each candidate, and are not to allow anyone to ascend to Orders so long as the requisites in the one to be promoted have not been established for them by careful scrutiny. In order to obtain this more certainly, they should seek the testimony of the Master of spirit and of others to whom, because of special frequency with the students, it has fallen to know well their life and morals. Concerning the inquiries made and the result of the scrutiny, a proper document is to be drawn up and preserved in the archive. Finally, the Superior himself, either by himself or through another endowed with knowledge and prudence and suited to gaining the confidence of the young men, should take care to question them, so that at last he may be made more certain that they freely and knowingly desire Orders in the religious state.

b) Before the Subdiaconate the Superiors must institute a new inquiry concerning the aforesaid. In order to accomplish this, they should again inspect the documents of the inquiry already performed and preserved in the archive, and compare new testimonies concerning morals and spiritual qualities with the old, so that they may well know how the young men have conducted themselves from first profession, both in religious discipline and in progress in clerical studies.

c) Before the Diaconate and Presbyterate there is no need to require such broad information and new testimonies; nevertheless Superiors should keep watch and see whether, in the interval from the conferral of one sacred Order to another, new things have happened which either disclose a doubtful vocation to the priesthood, or show none at all. In this case, after a very diligent investigation has been performed and the counsel of prudent men has been used, let them entirely forbid the reception of the new Order, and report the matter to this Sacred Congregation, by which, for individual cases, what shall have seemed more opportune in the Lord will be decreed.

n. 650.

III. Testimonies to be brought forward. 1. Seculars or religious who, as pertains to ordination, are governed by the law of seculars, are to bring forward from canon 993:

a) The testimony of the last ordination, or, if it is a question of first tonsure, of Baptism and Confirmation received.

b) Testimony concerning studies completed, required for the individual Orders according to the norm of canon 976 (n. 615).

c) The testimony of the rector of the Seminary, or of the priest to whom the candidate was commended outside the Seminary, concerning the good morals of the same candidate.

d) 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. Now the time in which the one to be promoted could have contracted a canonical impediment is, regularly, for soldiers three months after puberty, and 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 residence, and also because of time which preceded puberty. If the Ordinary of the place has not sufficiently known the one to be promoted either by himself or through others, 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 made by the one to be promoted. If after testimonial letters have been obtained and before the ordination has been performed, the one to be promoted has again stayed in the same territory for the aforesaid space of time, new testimonial letters of the Ordinary of the place are necessary (canon 994).

e) Testimonial letters of the religious major Superior, if the one to be promoted is enrolled in some religious institute.

  1. Religious who are not governed by the law of seculars must likewise bring forward testimonial letters, namely dimissorial letters which also contain testimonies, according to these words of canon 995: "The religious Superior also, in his dimissorial letters, must testify not only that the one to be promoted has emitted religious profession and belongs to the family of the religious house subject to him, but also concerning studies completed and the other things required by law. The Bishop, after receiving these dimissorial letters, does not need other testimonial letters."
n. 651.

IV. Examination. 1. Each one to be promoted, whether secular or religious, must undergo a previous and diligent examination concerning the very Order to be received. But those to be promoted to sacred Orders are also to make trial in other treatises of sacred theology (canon 996, §§ 1 and 2).

  1. It belongs to Bishops to establish by what method, before what examiners, and in what treatises of sacred theology those to be promoted must make trial (canon 996, § 3). Under the name of Bishops here also come an Abbot or Prelate nullius, a Vicar and Prefect Apostolic (canon 957, § 1).

  2. This examination, whether for secular clerics or for religious, is received by the local Ordinary who ordains by proper right, or gives dimissorial letters; however, for a just cause, he can also commit it to the Bishop who is to ordain, if that Bishop is willing to undertake this burden (canon 997, § 1). But the Bishop who ordains another's subject, whether secular or religious, with legitimate dimissorial letters by which it is asserted that the candidate was examined according to the norm of § 1 and found suitable, can acquiesce in this attestation, but he is not bound to do so; and if according to his conscience he judges that the candidate is not suitable, he is not to promote him (canon 997, § 2). It is said:

a) For religious. Regulars are not excepted; but a privilege by which some are exempted from episcopal examination has remained intact.

b) Who ordains by proper right; namely, by force of canons 956, 957 (n. 601), and 965 (n. 602). The reception of the examination then also belongs to the Bishop of the diocese in which is situated the religious house to whose family the ordinand belongs, when it is a question of religious who can be dismissed by Superiors to any Bishop.

c) Or gives dimissorial letters: namely, according to canon 958 (n. 601); but not one who gives them by force of canon 964, 2° and 3°, because he does not come under the name of local Ordinary (canon 198, § 2).

d) But the Bishop, etc.; under which name here too come an Abbot or Prelate nullius, a Vicar and Prefect Apostolic (canons 215, § 2; 957, § 1).

n. 652.

V. Denunciations. 1. The names of those to be promoted to the individual sacred Orders, except religious of perpetual vows, whether solemn or simple, are to be publicly announced in the parochial church of each candidate (canon 998, § 1). But the publication is to be made on a feast day of precept in church during the solemnities of Masses, or on another day and hour when a greater attendance of the people is had in church (canon 998, § 2); but the Ordinary, according to his prudence, can both dispense from this publication for a just cause, and command that it be performed also in other churches, and substitute for the publication a public posting at the doors of the church for several days, among which at least one feast day is comprehended (canon 998, § 3). Now the parochial church is the parochial church of the parish in which the candidate has domicile or quasi-domicile, or, if he is a vagabond, actually stays. If someone has several proper parishes, publication is to be made in several parochial churches.

  1. If within six months the candidate has not been promoted, the publication is to be repeated, unless something else seems right to the Ordinary (canon 998, § 2).

  2. All the faithful are bound by obligation to reveal to the Ordinary or pastor before sacred ordination impediments to sacred Orders, if they know any (canon 999).

  3. To the pastor who performs the publication, and also to another if this seems expedient, the Ordinary is to entrust the task of diligently inquiring from trustworthy persons concerning the morals and life of the ordinands, and of transmitting to the Curia testimonial letters referring to the investigation itself and the publication. The same Ordinary should not omit to make other inquiries, even private ones, if he has judged this necessary or opportune (canon 1000).

n. 653.

VI. Spiritual exercises. 1. Those who are to be promoted to first tonsure and minor Orders are to spend at least three entire days in spiritual exercises; but those who are to be promoted to sacred Orders, at least six entire days. But if some within a half-year are to be promoted to several major Orders, the Ordinary can reduce the time of exercises for ordination to the Diaconate, yet not below three entire days (canon 1001, § 1). If some receive major Orders at a short interval, spiritual exercises for six entire days are always to be set before the sacred Order which is first to be conferred; before the other Orders, at least one day, if this can be done.1

  1. If, after the exercises have been completed, sacred ordination is deferred beyond a half-year for any cause, the exercises are to be repeated; otherwise the Ordinary is to judge whether they are to be repeated or not (canon 1001, § 2). Ordinary is understood as the Ordinary of the place, and, if it is a question of an exempt clerical religious institute, the major Superior (canon 198).

  2. Religious should perform these spiritual exercises in their own house or in another according to the prudent judgment of the Superior; seculars, however, in the Seminary or in another pious or religious house designated by the Bishop (canon 1001, § 3).

  3. The Bishop is to be made certain of the spiritual exercises performed by testimony of the Superior of the house in which they were performed; or, if it is a question of religious, by attestation of the major Superior (canon 1001, § 4).

1 Sacred Congregation for the Discipline of the Sacraments, April 27, 1928 (A.A.S. 1928, p. 359).

Vol. II, Bk. III, Tr. VII, Diss. IV, Part IV. On the Notation and Testimony of Ordination Performed

n. 657.

I. When the ordination has been completed, the names of the individual ordained persons and of the ordaining minister, the place and day of ordination, are to be noted in a special book, to be diligently kept in the Curia of the place of ordination, and all the documents of the individual ordinations are to be accurately preserved (canon 1010, § 1).

II. To each of the ordained there is to be given an authentic testimony of the ordination received; those who have been promoted by an outside Bishop with dimissorial letters are to show it to their proper Ordinary for the notation of the ordination in a special book to be preserved in the archive (canon 1010, § 2).

III. Furthermore, the local Ordinary, if it is a question of those ordained from the secular clergy, or the major Superior, if of religious ordained with his dimissorial letters, is to transmit notice of the celebrated ordination of each subdeacon to the pastor of baptism, who is to note it in his book of the baptized (canon 1011).

McHugh–Callan, Moral Theology

Vol. II, Pt. II, Q. IV, Art. 4. Holy Orders; Matri…, The Recipient of Orders

n. 2783.

The Recipient of Orders

The Recipient of Orders.—(a) For validity it is necessary that the recipient be of the male sex, for the divine law has reserved sacerdotal and ministerial functions to men, and the church law has properly followed this example in regard to the Orders that are of church institution; the recipient must be baptized, for without Baptism one has no capacity for other Sacraments; if he is an adult, he must have at least an habitual intention freely formed of receiving the Order to which he is raised.

(b) For lawfulness it is not sufficient that the recipient be in the state of grace, since Ordination is not merely a personal matter, but also a matter of great consequence to the whole Church. The recipient of Orders takes his place among the representatives and ministers of the Church, and therefore he should have the special qualities that fit him for his dignity and office. Intellectually, the ordinandus must be competent in theological and profane knowledge, and must have made a satisfactory course of studies (Canons 972, 1364 sqq., 589-591). According to the Code, first tonsure should not be given before the study of theology has begun, Minor Orders may be given during the first and second years of theology, subdeaconship only towards the end of the third year, deaconship only after the beginning of the fourth year, and priesthood only after the first half of the fourth year (Canon 976). Morally, the ordinandus should be of commendable life and have the internal and external excellence which is supposed by the Order he is to receive. Virtues to which the Pontifical especially exhorts clerics at their ordination are love and labor given to the Church and the things of God’s house (porter), devotion to the Scriptures and sacred study (lector), conquest of passion (exorcist), the light of good example and the self-sacrifice of good works (acolyte), temperance, vigilance, prayerfulness (subdeacon), liberality to the poor, chastity, fortitude, zeal for preaching the word of God (deacon), elderliness in dignity, leadership in virtue, and justice in stewardship (priesthood). No one should be admitted to a Sacred Order who is unable to overcome a serious habit of sin (especially in materia turpi), even though secret; and if there is doubt about amendment, a test during a suitable period of time should be made.

n. 2784.

Canonical Requirements for Ordination

Canonical Requirements for Ordination.—(a) Positive requirements are: proper age (that is, the twenty-first, twenty-second, and twenty-fourth years completed are necessary for subdeaconship, deaconship, priesthood, respectively); Confirmation should have been received before Ordination, for it is suitable that those who are to strengthen others in the faith should have the character of soldier of Christ; promotion from Order to Order should be from lower to higher in proper succession, that fitness may be shown in lesser offices before the greater are received; an interval must elapse between certain Orders, which will give to clerics the opportunity to exercise the powers they have received (e.g., between acolythate and subdiaconate a year, between subdiaconate and diaconate three months); the candidate for sacred ordination must have a title or some canonical means of support (i.e., for secular clergy the title of benefice, or patrimony or ministerial service; for religious the title of profession, common life, etc.). The law allows certain dispensations from some of these requirements (Canons 974 sqq.).

(b) Negative requirements are freedom from certain disabilities introduced by the Church for the sake of the honor and dignity of the sacred ministry. Some of these disqualifications are of their nature permanent, and they are removed only by dispensation or by disposition of the law (e.g., in certain cases by cessation of the cause, or by baptism, or by religious profession), and these are known as irregularities; other disqualifications, which are of their nature temporary and cease with lapse of time or changes in circumstances, are known as simple impediments. The effect of disqualification is to make it unlawful to receive an Order, or to exercise an Order already received. Irregularities are produced either by deficiency or by delinquency, but the cause in either case must be certain; and, in case of delinquency, it must be a personal sin committed after Baptism, which is mortal, external, and consummated in act. The irregularities from defect are: illegitimate birth; mental imperfection (such as epilepsy, insanity, possession); bodily imperfection that makes one unsuited for the service of the altar, on account of mutilation (e.g., those who have lost hand or foot, or thumb or index finger), or of unsoundness (e.g., the blind, the deaf, the dumb, cripples, paralytics), or of very noticeable deformity that excites ridicule or horror (e.g., dwarfs, giants, noseless persons, those who are hunchbacked); successive bigamy, that is, the fact that one has been twice validly married, for St. Paul ruled that a cleric should be a man of not more than one wife (I Tim., iii. 2, 12; Tit., i. 5, 6); infamy of law, that is, the commission of certain crimes which the law declares infamous ipso facto or after sentence (such as profanation of the Eucharist or of graves, violence done to the Pope or a Cardinal, duelling, simultaneous bigamy, and certain sexual sins); participation in capital punishment by pronouncing (i.e., as judge or juryman) or executing the sentence of death. The irregularities from delinquency are: apostasy, heresy, schism; reception of Baptism from a non-Catholic; attempt at adulterous or sacrilegious marriage; voluntary homicide, cooperation in an abortion, mutilation of self or of another, attempt to commit suicide; unlawful exercise of medicine or surgery by a cleric with fatal results; unlawful exercise of the powers of Major Orders by a cleric or layman. The simple impediments are found in the following: in those who may be weak in faith, namely, persons whose parents are non-Catholics, or who are themselves converts (I Tim., iii. 6); in those who are prevented by other occupations, namely, persons held by marriage, business forbidden to clerics, slavery, military service (II Tim., ii. 4); in those who are actually in bad repute before the community on account of misconduct (I Tim., iii. 7). See Canons 983-991.

n. 2785.

Duties of Ordinandi According to Canon Law

Duties of Ordinandi According to Canon Law.—(a) Before Ordination.—Application to the bishop must be made beforehand at an opportune time, and testimonials of Baptism, Confirmation, Orders already received, certificates of good character and studies, and letters from superiors testifying to freedom from impediments and general fitness must be presented. The candidate must undergo a special examination and make a spiritual retreat before the day of his ordination. The profession of faith is made before subdeaconship.

(b) During Ordination.—All the ceremonies should be observed, and especially the physical touching of the instruments (chalice and paten, etc.), which seems to be essential in Minor Orders and the Subdiaconate. In the imposition of the hands in the other Major Orders, the head of the subject should be touched physically, although even moral touch is sufficient for validity of the Sacrament (Pius XII, Apostolic Constitution already cited). The law requires that the recipients of Major Orders receive Communion, and the obligations seems to be grave for the new priests, since they celebrate with the bishop.

(c) After Ordination.—The nocturn (three Psalms and their antiphons) which the ordaining prelate imposes on the newly ordained subdeacons and deacons should be taken from the first nocturn of the day, whether it be feria, feast or Sunday, unless the bishop appoints otherwise. The three Masses of the Holy Ghost, Blessed Virgin, and for the dead, imposed on the newly ordained priests, need not be applied for the bishop’s intention, and a stipend may be taken when they are said; but it is fitting that they be applied in thanksgiving and for the benefit of the bishop as well as of the whole Church on earth and in Purgatory. These prayers and Masses do not seem to oblige under sin, though some hold them to bind sub gravi. On the life duties of the clergy, see above (2596 sqq.).

Bucceroni, Institutions of Moral Theology

Vol. III, On Order, II. On the Minister and Subject of Order

n. 892.

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.

n. 893.

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."

n. 894.

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.

n. 895.

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.

n. 896.

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.

n. 897.

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.

n. 898.

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.

n. 899.

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.

n. 900.

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.

n. 901.

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.

n. 902.

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.

n. 903.

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.

n. 904.

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.

n. 905.

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.

n. 906.

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.

n. 907.

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.

n. 908.

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.

n. 909.

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.

n. 910.

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.

n. 911.

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.

n. 912.

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.

n. 913.

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.

n. 914.

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.

n. 915.

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.

n. 916.

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.

n. 917.

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.

n. 918.

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.

Bucceroni, Cases of Conscience

140. On the Subject and Minister of Order

n. 1.
  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?
n. 1.

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.

n. 2.
  1. 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.
n. 2.

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

n. 2.

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."

n. 2.

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.

Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)

Vol. II, Treatise on Order, Chapter IV. On the Subject of the Sacrament of Order

n. 709.
  1. Principles. - I. The subject of Order is a baptized male alone.
n. 709.

The reason for the first is that women by divine institution are altogether incapable of any Order. This is established from the sacred Scriptures. The Apostle says in 1 Corinthians 14:34: Let women keep silence in the churches, for it is not permitted them to speak, but to be subject, as the law also says. And 1 Timothy 2:11-12: Let the woman learn in silence with all subjection. But I suffer not a woman to teach, nor to use authority over the man, but to be in silence. It is also proved from the perpetual practice of the Church and the unanimous consent of the Fathers and all Doctors.

n. 709.

The reason for the second is evident. For no one before receiving Baptism can receive any other Sacrament.

n. 709.

But a baptized little boy not yet possessed of reason would indeed be validly, but illicitly, ordained.

n. 710.
    • II. That someone may rightly receive Orders, the following conditions are required: first, that he be bound by no irregularity, suspension, or excommunication; second, that he have attained the age required by the sacred Canons; third, that he manifest suitable knowledge proved by examination; fourth, that he present dimissorial letters if he is from another diocese; fifth, that he be ordained at the proper time and with the proper intervals interposed; sixth, that probity of life also have divine vocation as its companion.
n. 710.

For ordination to the Subdiaconate, there is required in addition a title of honorable support, whether of patrimony, of benefice, or even of religious poverty. If the title should perish after the Subdiaconate has been received, another title is required for receiving a higher Order. - Council of Trent, session 21, chapter 2, On Reformation.

n. 711.
  1. Questions. - QUESTION 1. What knowledge is required in candidates to be promoted to Orders?
n. 711.

Reply. First, from those to be initiated into minor Orders it is required that they at least understand the Latin language. Second, from those to be initiated into the Subdiaconate and Diaconate it is required that they be instructed in letters and in those things which pertain to exercising the Order. Third, finally, from those to be initiated into the Priesthood it is required that they be found fit to teach the people those things which are necessary to all for salvation and to minister the Sacraments. - Council of Trent, session 23, chapter 4 and following.

n. 711.

QUESTION 2. What age is required for receiving Orders?

n. 711.

Reply. First, for receiving first tonsure it is required that the one to be initiated possess the use of reason, namely, that he be at least seven years old. - Council of Trent, session 23, chapter 4. Second, as regards minor Orders, no age is assigned in Canon law. Third, from Subdeacons the twenty-second year of age begun is required. Fourth, from Deacons the twenty-third. Fifth, from Priests the twenty-fifth. Sixth, for the Episcopate, however, the thirtieth year is required. This is gathered from the Council of Trent, session 23, chapter 12, On Reformation. It suffices, however, that the indicated year have begun, except, nevertheless, for the Episcopate. - St. Ligorius, no. 799. But dispensation as regards age is reserved to the Supreme Pontiff. - St. Ligorius, nos. 799-800.

n. 712.
    • QUESTION 3. At what time can Orders be conferred?
n. 712.

Reply 1. First tonsure can be conferred on any day, at any hour and place. - Thus from the Roman Pontifical.

n. 712.

Reply 2. Minor Orders can also be conferred anywhere on each Sunday or double feast of precept, provided they are conferred in the morning. - See the Roman Pontifical. But this is to be understood of an ordination which is not general, since a general ordination must take place on those days on which major Orders can be conferred, unless custom permits this on the Wednesday or Friday before the general ordination. - Scavini.

n. 712.

Reply 3. Major Orders by law are conferred during the celebration of Mass: first, on the Saturday of each of the four Ember seasons; second, on the Saturday before Passion Sunday; third, on Holy Saturday. But by dispensation obtained from the Pope, they can also be conferred outside these times, namely, on other Sundays or feasts of precept (that is, of the rite of a double of the second class) 1. - Decretals, book 1, title 11, chapter 3, etc. - Moreover, suppressed feasts are regarded as feasts of precept as regards Orders. Sacred Congregation of Rites, November 12, 1831, and March 13, 1833.

1 Why the Author regards a feast of precept and a feast with the rite of a double of the second class as one and the same I have not yet discovered. If indeed by feasts of precept he understands those which are observed both in choir (as they say) and in the external forum, there will certainly occur double feasts of the second class which are not observed in the external forum; but if by feasts of precept he understands those which are not celebrated ad libitum in choir, we shall then have many feasts of this kind which nevertheless are not doubles of the second class.

Nevertheless, it was indeed the opinion of a certain few that the feast days on which, by Apostolic Indult, an ordination can be held outside the times could be understood as any days whatsoever on which a feast of double rite occurs in the ecclesiastical offices, and, in addition, that this has force not only for doubles of precept but also for doubles ad libitum. La Croix (book 6, part 2, no. 2293) considered this opinion probable and thought it confirmed by the fact that (he says) we see it done thus by the best Bishops.

But that opinion appears now to be called obsolete, especially after so many Declarations of the Sacred Congregations. For I now pass over the fact that when some, as De Lugo relates (Moral Responses, book 1, doubt 34), took occasion obstinately to defend that opinion from the words of the Roman Pontifical, where in the title On Conferring Orders it was said in the rubric: But minor Orders can be given on each Sunday and on double feast days, etc.; for this reason, by command of Urban VIII, in the new revision and correction of the Roman Pontifical, it was expressly added under that title that minor Orders could be conferred on all Sundays and feast days of precept, so that no one (De Lugo adds) could any longer claim that those days which are called feasts in the Breviary were also comprehended there. But the controversy was more clearly defined by Responses of the Sacred Congregation. For, as Fagnanus reports (On the Chapter De eo, title On the Times of Ordinations, no. 42), these doubts having been proposed:

Presupposing that minor Orders can be conferred on Sundays or other feast days, it is doubted whether under the appellation of a feast day there is comprehended a feast on which an office is celebrated by the Church, or whether it must be a feast observed by the people.

Second: There is the same doubt as regards those to be promoted by force of dispensations for promotion outside the times on feast days.

To the first, the Sacred Congregation of the Council judged that feast days observed by the people are comprehended: throughout the title On Ferias. - On Consecration, distinction 3, chapter 1. - Chapter 12, session 25, On Regulars.

To the second, it replied the same.

That this Declaration, nevertheless, was unknown to most is evident from the fact that neither La Croix (l.c.), nor Schmalzgrueber (book 1, title 11, no. 11), nor Pichler (same title, no. 28), where they touch upon this question, make any mention of it; although Pirhing mentioned it (under this title, no. 78), where he notes that it suffices if the day is a feast in that particular Church.

In addition, we have two more recent Declarations of the Sacred Congregation of Rites. The first was in a case from Clermont, on March 16, 1833, to the following doubt: Since diverse opinions are circulated in the Council of Clermont concerning these words of the Roman Pontifical: Minor Orders can be conferred on Sundays and double feasts; in order that a certain law be established in the matter, most humble prayers were presented to the Sacred Congregation of Rites that it might deign to declare its opinion. And the Sacred Congregation replied: Minor Orders can be conferred on feasts of precept, or on double feasts which were of precept before the reduction.

The other was in a case from Quebec, on May 23, 1836, to the following doubt: Since in the Roman Pontifical, in the title On Ordinations, it is stated: Minor Orders can be given on each Sunday and on double feast days; it is asked whether the words double feast days are to be understood of feasts of precept strictly to be observed. The Sacred Congregation replied: Affirmatively.

n. 713.
    • QUESTION 4. What intervals are to be observed between the individual Orders?
n. 713.

Reply 1. Certain intervals are to be observed between the minor Orders unless something else appears more expedient to the Bishop. - Thus from the Council of Trent, session 23, chapter 11, On Reformation. - The time, however, is not determined. In many places, by custom, the four Orders are conferred on the same day.

n. 713.

Reply 2. As regards major Orders, it was thus established by the Council of Trent, session 23, chapters 11 and 12: one year must intervene between the last of the minor Orders received and the Subdiaconate. Say the same between the Subdiaconate and the Diaconate. The same is also to be said between the Diaconate and the Priesthood, unless the Bishop decrees otherwise. Hence the Bishop has the power of dispensing from the intervals if it appears expedient to him, provided that he confers the Orders at the proper times.

n. 713.

But he would sin gravely who on the same day, in addition to the four minor Orders, also received the Subdiaconate, unless a contrary custom, which must be proved by the Bishop, excuses him. - Ferraris, Library, entry Order. - St. Ligorius, no. 797.

n. 714.
    • QUESTION 5. Does a Cleric who, having been initiated into the minor Orders, takes a wife sin?
n. 714.

Reply. Speaking per se, it is certain that he does not sin gravely, indeed not even lightly, if he does this for a just cause, for example, to calm enmities or temptations of the flesh, to assist a poor woman, etc.; otherwise, he will not be excused from venial sin. - St. Ligorius, no. 785. - I said speaking per se; for, St. Ligorius says, it is greatly to be feared that one who, being certain of his vocation to the ecclesiastical state, withdraws from it in order to enjoy the world is in a bad state.

n. 714.

QUESTION 6. Is it required that the one to be ordained be confirmed?

n. 714.

Reply. The Council of Trent, session 23, chapter 4, has these words: Let those who have not received the Sacrament of Confirmation not be initiated with first tonsure. But it is disputed whether these words are of precept or of counsel only. Commonly, says St. Ligorius, no. 786, they say that Confirmation is not required in the one to be ordained under grave obligation, but is indeed required under light obligation; because although the words of the Council of Trent indicate fittingness rather than precept, nevertheless, to act contrary to this is not excused from at least a light disorder.

n. 715.
    • QUESTION 7. Does he sin who receives some Order without the intention of ascending to higher Orders?
n. 715.

Reply 1. He does not sin gravely, even if he receives major Orders and does not intend to receive the Priesthood. - Thus St. Ligorius, no. 785, where he says that this is certain and common.

n. 715.

Reply 2. Nor, probably, does he per se sin venially, because it is prescribed by no law that anyone ascend to higher Orders, unless someone accepts a benefice requiring the Priesthood or a sacred Order. - St. Ligorius, ibid.

n. 715.

QUESTION 8. Does an ordained man who omits the recitation of the prayers imposed by the Bishop after ordination by way of penance sin, or in what manner does he sin? Reply. The Theologians do not agree concerning this. 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. Finally, others judge that an omission of this kind is indeed not free from fault, but does not exceed venial sin. This opinion appears more probable. - See St. Ligorius, no. 829.

n. 715.

As regards these prayers, the following Declaration of the Sacred Congregation of Rites was given in a case from Granada on August 11, 1860: Understand the words of the Roman Pontifical, the Nocturn of such a day, of the one Nocturn in the ferial office, or of the first Nocturn of Sunday, as in the Psalter, that is, of twelve Psalms with their antiphons of the season, which the ordaining Bishop can designate, either of the very day on which he holds the ordination or of another according to his judgment. But when the Bishop expresses nothing other than what the words of the Pontifical state, it must be understood as the Nocturn of the feria corresponding to that day on which the ordination took place.

n. 716.
    • QUESTION 9. Are newly ordained Priests bound to say the three Masses prescribed by the Bishop, or in what manner?
n. 716.

Reply 1. They are not bound to apply them for the intention of the Bishop and therefore can receive a stipend for them. - Thus commonly. - St. Ligorius, ibid.

n. 716.

Reply 2. Nor does there appear to be a grave obligation of celebrating those Masses; neither must they be said before days free from impediment arrive, since they must be votive Masses. - See St. Ligorius, ibid.

n. 716.

QUESTION 10. To what are Priests bound by force of the obedience which they promised to the Bishop in ordination?

n. 716.

Reply. Benedict XIV thus explains it (in the Letter Ex quo dilectus): We acknowledge that, by force of a promise of this kind, a Priest is held bound by this law among others: that he cannot depart from the service of the Church to which he shall have been assigned without the permission of the Bishop. - St. Ligorius, no. 828.

n. 717.
    • QUESTION 11. Can Priests, or even Pastors, embrace the religious state when the Bishop is unwilling?
n. 717.

Reply. Yes. This is established from Canon law, chapter Duae sunt, cause 19, question 2, where it is established by Urban II that Priests or Pastors wishing to pass over to some monastery can freely depart, even when the Bishop opposes it. - See St. Ligorius, no. 828, and the cited Letter of Benedict XIV in the preceding Question.

n. 718.
    • QUESTION 12. Is absolution to be granted to a Cleric habituated to a secret shameful vice who wishes to ascend to sacred Orders without a prior trial of continence?
n. 718.

Reply. St. Ligorius replies negatively in On the Sacraments in General, no. 64, although he has sincerely been converted to the Lord and therefore can immediately be absolved. According to his opinion, therefore, he will not be able to receive sacred Order unless for some time he has devoted effort to uprooting the evil habit. But if he persists in receiving sacred Order, St. Ligorius does not consider him disposed for absolution, because he violates the law of the Church in a grave matter. He excepts only the case in which God gives the penitent an extraordinary grace of compunction which renders him so proved that he can immediately receive sacred Order without being proved by an experience of time. Others, however, think otherwise on this entire question in the same St. Ligorius. - See Cases, no. 826 2.

2 Concerning a controversy of this kind, it will be useful to have read those things which Cardinal De Lugo (Moral Responses, book 1, doubt 28) discusses concerning a Novice who, having entered an observant Religious Order, suffered frequent voluntary lapses of the flesh, which he manifested to the Confessor in confession, and afterward relapsed more frequently. For the Confessor, judging that he was not fit for the Religious Order, frequently advised him to return to the world or to disclose his frailty to the Superior outside confession; indeed, he finally attempted to oblige the penitent to this, indicating that thereafter he would deny him absolution unless he obeyed. It was asked (De Lugo says) whether the Confessor could do this by right, or whether he had transgressed the limits of his power. There is no room here to bring forward those things which the learned Author disputes there. This one thing must not be passed over: according to his opinion, all the reasons which the Confessor is said to have advanced for defending his opinion do not prove the matter.

Bucceroni, Moral Enchiridion (4th ed., 1905)

Bucceroni, Moral Enchiridion (4th ed., 1905), On Holy Orders

n. 897.

What Ordinands Must Be Furnished With

“Those to be promoted to minor orders are to have a good testimonial from the parish priest and from the master of the school in which they are educated. But those who are to be assumed to each of the major orders are to approach the bishop one month before ordination; he is to commission the parish priest, or another whom he judges more expedient, diligently to inquire from trustworthy persons concerning the birth, age, morals, and life of the ordinands themselves, after the names and desire of those who wish to be promoted have been publicly proposed in the church; and he is to transmit as soon as possible to the bishop himself testimonial letters containing the fact that this inquiry was made.” Council of Trent, Session 23, chapter 5, On Reformation.

Bucceroni, Moral Enchiridion

Bucceroni, Moral Enchiridion, On Holy Order

n. ¶22.

N. 710. With What Things Those to Be Ordained Ought to Be Instructed

"Those to be promoted to minor orders should have a good testimony from the Parish Priest and from the master of the school in which they are educated. But those who are to be taken up to the individual major orders shall approach the Bishop for a month before ordination; he shall commit to the Parish Priest or to another, to whom it will seem more expedient, that, the names and desire of those who wish to be promoted having been publicly proposed in the Church, concerning the birth, age, morals, and life of those to be ordained, from faith worthy persons he should inquire diligently; and testimonial letters, containing the inquiry itself that has been made, he should transmit to the Bishop himself as soon as possible." Council of Trent, sess. 23, ch. 5, de R.

Tanquerey

Vol. I, Matrimony, and Holy Orders, On Holy Orders (Volume I), On Holy Orders

n. 1145.
  1. Moreover, by reason of incardination, he becomes a subject of the Bishop who, duly dismissed from his own diocese, has been canonically incardinated in the diocese of this Bishop1. But when first tonsure has been received, a cleric is so incardinated in the diocese to which he belongs that he cannot depart except according to the norm of Law. (Can. 111-117.)

1 Codex, c. 956, 969.

n. 1146.
  1. "A Vicar and Prefect Apostolic, an Abbot or Prelate nullius, if they possess episcopal character, are equated with a diocesan Bishop in what pertains to ordination. If they lack episcopal character, they can nevertheless in their own territory confer first tonsure and minor orders both upon their own secular subjects... and upon others who exhibit the dimissorial letters required by law; ordination performed by the same persons outside these limits is invalid."2

2 Codex, c. 957.

n. 1147.
  1. "A regular Abbot of government, even without nullius territory, can confer first tonsure and minor orders, provided that the one to be promoted is subject to him by force of profession at least simple, and that he himself is a priest and has legitimately received the abbatial blessing."3

3 Codex, c. 964.

II. On The Canonical Rules Established For Licit Ordination.

n. 1148.
  1. Orders must be conferred: 1° by grades, not by leap; 2° with the interstices observed; 3° in the proper time and place; 4° after a previous examination.
n. 1156.
  1. Preliminary notes. (A) For receiving orders validly, it is required that one be: (a) of the male sex, since women have always been prohibited from sacred orders in the Church; (b) baptized, since baptism is the gate of all the sacraments; (c) that in adults there be at least a habitual expressed intention of receiving order, since no adult can contract the grave obligations of priesthood without an explicit will.

From the Codex, c. 214, "A cleric who, compelled by grave fear, received a sacred order and afterward, when the fear had been removed, did not ratify the same ordination at least tacitly by exercise of the order, willing nevertheless by such an act to subject himself to clerical obligations, is to be reduced to the lay state, the coercion and defect of ratification having been legitimately proved, by sentence of the judge, without any obligations of celibacy and of the canonical hours. - But coercion and defect of ratification must be proved according to the norm of cc. 1993-1998."

As regards him, however, who received sacred orders before the legitimate age, these things seem to be said: if he does not have the age of discretion when a major order is conferred upon him, and afterward, when he has arrived at the suitable age so that according to the laws of the Church he can emit a solemn vow, namely at the twenty-first year, he has not ratified the ordination, he is reduced to the lay state without the obligation of celibacy by the Sacred Congregation of the Sacraments; this can be extended to those who after the use of reason, but before puberty, received a sacred order, indeed perhaps to those who in good faith were ordained before the canonical age3.

3 Maroto, Institutiones Juris Canonici, 1921, I, n. 736.

(B) But for the licit reception of orders, many conditions are required: (a) the state of grace, since Order is a sacrament of the living; (b) the reception of Confirmation: "Let those who have not received the sacrament of Confirmation not be initiated with first tonsure,"1 more probably under only a light obligation, according to St. Alphonsus (n. 786); (c) immunity from censures and irregularities; (d) congruent morals; (e) due knowledge. There are other conditions concerning which one must speak a little more fully: 1° divine vocation; 2° dimissorial and testimonial letters; 3° canonical age; 4° title of ordination. 5° We shall add a few things on the obligations imposed in ordination itself.

1 Trident., sess. XXIII, cap. 4 de Reformat.

I. On Vocation To The Clerical State.

n. 1157.
  1. 1° Its notion and necessity. (A) Priestly vocation can be considered on the part of God, and on the part of the Church. - On the part of God it can be defined: an act of supernatural Providence, by which God disposes some before others to be called to the priesthood through the Church and adorns them with congruent gifts for laudably undertaking the offices of the priesthood.

2 Hallier, op. cit., col. 357-396; Habert, De Ordine, IIIa Pars, cap. 1; St. Alphons., n. 802-803; Icard, II, n. 316-319; Gasparri, n. 110-119; Tronson, Meditations ecclesiastiques, 3rd Medit.

(a) It is an act of supernatural Providence; for if God directs all beings, but especially rational creatures, to their proper end, He cares maximally and especially for those whom He foreknows will be future ministers of the Church, since on their manner of acting depend not only their own salvation, but also the good of the Church and of souls. And indeed, since the priestly state is a supernatural dignity and tends to a supernatural end, clerical vocation pertains to supernatural Providence.

(b) By which God disposes some before others to be called through the Church; for not all are destined to the priesthood, but only those whom God from eternity, out of His goodness and free will, without any foreseen merit, selects in His mind for this priestly office.

(c) And adorns them with congruent gifts... For since God is wise and provident, for those whom He chooses for the sublime and arduous offices of the priesthood, He prepared from eternity all the gifts necessary for undertaking these offices worthily and laudably, whether natural, such as an apt body and mind, or supernatural, such as the gift of continence, zeal for souls, and other virtues, without which one called would not be suitable for the sacred ministries. - Yet this vocation does not take away human liberty, but only helps and perfects it; just as therefore man can resist divine grace, so likewise he is able to reject the divine vocation and the means divinely prepared for following it, by so acting that he renders himself unworthy or incapable for priestly offices: then he is said to lose his vocation, not indeed in the sense that God revokes the eternal decree by which he had been pre-elected to the priesthood, but because He deservedly repels from clerical dignity those who now are neither worthy nor suitable. Hence also those who by acting badly have lost their vocation can often recover it by sincere conversion and perseverance in the practice of virtues.

But on the part of the Church, vocation is an act of supernatural jurisdiction, by which ecclesiastical Superiors select and assume those whom they judge suitable and divinely called to the clerical state. For since they bear the place of God on earth, they are able to investigate and authentically interpret His decrees in relation to the vocation of ministers of the Church.

n. 1158.
  1. (B) Divine vocation is necessary for licitly receiving orders and for duly undertaking their offices.

It is established by Scripture: (a) by Christ's manner of acting: for He Himself with special care called to Himself disciples whom He destined for the special office of sanctifying men: "Come after me, and I will make you become fishers of men"1; then among the disciples He chose certain ones whom He also named apostles2; and at the Last Supper He openly declared His mind to the twelve apostles, saying: "You have not chosen me, but I have chosen you, and appointed you that you should go and bring forth fruit, and that your fruit should remain."3 From this it is inferred that those who are deputed to the office of preaching the Gospel are to be chosen not by themselves, but by Christ Himself; for they themselves must be sent by Christ, just as Christ also was sent by the Father4.

1 Matt., IV, 19.

2 Luc., VI, 13; Matt., X, 2-4; Marc., III, 13-19.

3 Joan., XV, 16.

4 Joan., XX, 21.

(b) By the manner of acting and speaking of the Apostles: for when they wished to choose one from the disciples in place of Judas, they appointed two, Joseph and Matthias, and praying they said: "Thou, Lord, who knowest the hearts of all, show which one of these two Thou hast chosen, to receive the place of this ministry and apostleship."5 Likewise, when Saul and Barnabas were consecrated to the apostolic ministry, they were designated by the Holy Spirit Himself: "And as they were ministering to the Lord and fasting, the Holy Spirit said to them: Separate me Saul and Barnabas, for the work unto which I have taken them."6

5 Act., I, 24-25.

6 Act., XIII, 2.

(c) By the open declaration of the author of the Epistle to the Hebrews: for he, treating expressly of the priesthood of the New Law, says: "Neither doth any man take the honor to himself, but he that is called by God, as Aaron was. So also Christ did not glorify himself, that he might be made a high priest; but he that said unto him: Thou art my Son, this day have I begotten thee."1 This proposition, since it denies universally, suffers no exception. In truth, if any exception could be admitted, surely it would be for Christ, who was full of grace and truth, and in whom all the treasures of wisdom and knowledge were hidden; but now, with the Apostle as witness, Christ did not glorify Himself, i.e., He did not ambitiously seek or usurp the dignity and glory of the priesthood, but was raised to it by the Father. Therefore divine vocation is required.

1 Hebr., V, 4-5.

(d) From the Codex, cc. 1353 and 1363, it is established implicitly, but clearly: "and let them foster in them the seed of divine vocation."

n. 1159.
  1. It is confirmed by theological reason. (a) In the Treatise On the Church it has been proved that no one has the power of teaching and ruling in spiritual matters, unless he has been sent by God, through the mediation of those who are successors of the Apostles: for they, and indeed they alone, rejoice in the power of teaching and ruling. But those who, not called by God nor chosen by ecclesiastical Superiors, thrust themselves into the sacred ministry, surely cannot be said to be sent by God; they have not entered the sheepfold through the door, but elsewhere; since Christ Himself is the door, and if anyone has not entered through Him, i.e., not having been called by Him, he is a thief and a robber. But a thief comes only to steal and to slaughter and to destroy2; or, in other words, he who is not called by God is not only guilty of usurpation, like a thief and robber, but also becomes for others a cause of spiritual ruin.

2 Read the whole parable of the good shepherd, Joan., X, 1-18.

(b) Divine Providence governs and moderates all things sweetly and strongly, especially in the supernatural order, and distributes offices, dignities, and grades of honors according to the counsel of His wisdom; yet in such a way that to whomever some office is given, to the same likewise are conferred graces, virtues, and gifts so that he may be able duly to fulfill the offices of the state. If therefore someone is divinely chosen for the priesthood, by that very fact there are prepared for him graces and gifts by which he can laudably undertake clerical offices. But if he is in no way called by God, on the one hand he must fulfill many offices, and indeed much more arduous than those which are incumbent upon the faithful, under penalty of mortal sin; and on the other hand, he lacks those special graces which are morally necessary for duly exercising offices of this kind, and which are conferred, by God's general law, only upon those who are legitimately called.

(c) This is more easily understood if the principal offices of a priest are briefly reviewed: for he is a mediator between God and men, offering prayers and sacrifices to God for the Christian people, and dispensing the divine sacraments; but no one can assume the parts of a mediator unless he is admitted by the parties whose interest is involved; no one can be a mediator before God unless first he is made acceptable to Him; no one can dispense divine mysteries unless he has been divinely chosen. - Moreover, the priest is as it were a divine herald, and performs an embassy for Christ, as though God were exhorting through him1; but no one can announce the word of God as having power unless he receives authority from God, no one can be a divine legate unless he is deputed by Christ Himself. And so concerning the other offices.

1 II Cor., V, 20.

n. 1160.
  1. 2° Signs of divine vocation. Here there is no question of extraordinary signs, by which God manifests His will in a preternatural way; but of ordinary signs, by which the divine decree can become known to a prudent man. Now these are three: suitability for the sacred ministry; right intention, or a supernatural desire of receiving the priesthood for that end for which it was instituted by Christ; election by ecclesiastical superiors regularly made. The reason is that, when God chooses a man for some office, He makes him suitable so that he can fulfill the offices attached to it; and at the same time by grace He moves him to embrace this office for the end instituted by Christ; and when there is question of the clerical state, for which election is required, He so bends the minds of superiors that they choose those called.
n. 1161.
  1. (A) Suitability consists in this, that one, both on the part of body and on the part of soul, be immune from vices which render him incapable for ecclesiastical offices, and at the same time furnished with those gifts which are necessary for duly undertaking them.

Now among vices, some are congenital or so deeply rooted that they can scarcely be corrected, and therefore render someone unfit for priestly offices. Such are: (a) a dull and leaden mind, in no way suitable for acquiring ecclesiastical knowledge; or a lack of rectitude of judgment, which often harms more than ignorance; (b) a rustic and fierce disposition, given to contentions and quarrels, which will drive away rather than attract the sheep of the flock, and will sow discords; (c) a light and unstable disposition, which, by the very fact that it turns with every breeze, will not be able for long to bear the burdens of the priesthood, which are perpetual and require constancy; (d) a soft and idle disposition, which lacks the fortitude and patience necessary for overcoming difficulties often occurring in the sacred ministry; (e) an irascible and drunken disposition; for, as Habert says1, "irascibility and fondness for wine must sometimes be referred in part to vices of nature, and can scarcely be completely scraped away."

1 Habert, l. cit., § III.

But there are other vices which indeed render someone unworthy of sacred orders as long as they persevere, but, because they can be corrected, as being voluntary, they do not bar him perpetually from the priesthood; such are sins against chastity and the other virtues; namely, those who have committed them must be tested for so long as is necessary that there be a founded hope that they are not going to relapse into the same vices; but the length and nature of the probation depend on many circumstances, which it would be too long to explain2.

2 Cf. St. Alphons., lib. VI, n. 63-77; Vindic. Alphons., p. 778-785.

Nor does immunity from vices suffice, but sanctity of life is required; according to St. Thomas, for the ministry of the altar3 "greater interior sanctity is required than even the religious state requires"; according to St. Alphonsus (n. 803), the Bishop, before he confers sacred orders, must become certain "not only that the one to be initiated has not been evil, namely, that he has not been quarrelsome, has not given scandal by frequenting games, depraved conversations, etc., but also that he leads a spiritual life, is assiduous in churches, frequents the sacraments and prayer, lives separated from seculars, associates with well-mannered companions, applies himself to study, uses modest dress, etc." - Nor let it be said that clerics adorned with such virtues are not found in sufficient number; for "God never so deserts His Church that suitable ministers sufficient for the necessity of the people are not found, if the worthy were promoted and the unworthy repelled"4; besides, "it is better to have fewer ministers, but good and useful, than more who are going to avail for nothing."5

3 St. Thom., 2. 2., q. 184, a. 8.

4 St. Thom., Supplem., q. 36, a. 4 ad 2.

5 Benedict XIV, Bull Ubi primum.

n. 1162.
  1. (B) Moreover, RIGHT INTENTION is required, which does not necessarily consist in a certain sensible aspiration of the subject, but in a supernatural and deliberate will of receiving the priesthood as it was instituted by Christ1.

1 This intention, although sincere and deliberate, does not exclude a certain reluctance arising from humility, from the burdens of the priesthood, or from another cause, which besides will often be overcome by divine grace and by the pious exhortations of a confessor.

This intention must be supernatural:

(a) By reason of the object, i.e., it must be concerned with the offices of the priesthood insofar as they can promote the glory of God and the salvation of souls. Hence those who desire to receive sacred orders because they ambit temporal advantages, gain, honors, a quiet life, etc., in no way show that they are called by God. On the contrary, if someone approaches sacred orders because he desires to offer the sacrifice of the Mass, to minister the sacraments, to catechize little ones, to visit the sick, etc., insofar as all these things tend to the glory of God and the sanctification of the faithful, he exhibits signs of divine vocation.

(b) By reason of the motive, which primarily and principally must be a serious and efficacious will of praying, laboring, and spending oneself for God and the salvation of souls, according to that saying of the Apostle: "For I seek not the things that are yours, but you... But I most gladly will spend and be spent myself for your souls, although loving you more, I be loved less."2 Therefore those lack divine vocation who receive the priesthood for this end alone, that they may live more richly and conveniently; or that they may be esteemed more highly, or be able to preside. - But if someone ambits the priestly state both on account of the sanctification of souls and on account of temporal advantages, the vocation will be divine if the former intention prevails; but the one to be ordained must strive gradually to shake off ignoble ends; and surely his vocation will be the more certain the freer he is from every thought of earthly things. - But the zeal for souls by which he is moved must be efficacious, i.e., not exist in imagination alone, but be manifested by works, namely by prayers, labors, and acts of the virtues offered to God for the sanctification of the neighbor, the conversion of sinners, heretics, and infidels.

2 II Cor., XII, 14-15.

(c) By reason of the mode; since God is accustomed to work sweetly and strongly at the same time, this intention of receiving the priesthood must be sweet, disturbing the peace of the soul in no way, prepared to obey Superiors, and therefore free from vain anxieties; and strong, i.e., efficaciously moving the one to be ordained to acquire ecclesiastical virtues and assiduously to cultivate theological knowledge; and also constant; for if it is only fleeting, it seems to be a sign of passing fervor rather than of divine vocation, which of itself is permanent.

Let the candidate not deceive himself; it is necessary that he seek counsel from a wise confessor, to whom he will open the hidden things of his heart concerning his internal aptitude and intention, and who will judge the matter according to the laws concerning the discernment of spirits; for he would act imprudently who received orders by his own judgment.

n. 1163.
  1. (C) Election by ecclesiastical Superiors regularly made. For no one has any right to ordination antecedently to the free election of the bishop, who, whether by himself or through delegates, such as the directors of a Seminary, authentically judges concerning the suitability of candidates, whether absolute or relative to his own diocese, and chooses those whom he judges will be useful to his diocese. But this canonical election does not create divine vocation, nor aptitude or right intention, but supposes all these things already to be in the candidate1.

1 This doctrine is thus proposed by the special Commission of Cardinals in the decree of June 20, 1912, approved by Pius X (A. A. S., IV, 485), where it is declared that "no one ever has any right to ordination antecedently to the free election of the bishop... nothing more is required in the ordinand, in order that he be duly called by the bishop, than right intention together with suitability, placed in those gifts of grace and nature, and proved by that probity of life and sufficiency of doctrine, which give founded hope that he will be able rightly to undertake the offices of the priesthood and holily to observe its obligations..."

But what if the spiritual moderator and the Bishop doubt concerning someone's vocation? Since for first tonsure and minor orders a probable vocation suffices, the one to be ordained can receive these, and meanwhile scrutinize the will of God better. But when there is question of sacred orders, "let the bishop confer sacred orders on no one unless from positive arguments he is morally certain of his canonical suitability..."2 - Moreover, so that he may more efficaciously be able to remove the unworthy from sacred orders, he can for any cause whatever, even an occult one, even extrajudicially, forbid ascent to orders, saving the right of recourse3.

2 Codex, c. 973, § 3.

3 Codex, c. 970.

n. 1164.
  1. 3° Obligation of following a clerical vocation. (A) When extraordinary signs of vocation are present, and indeed certain ones, or when there intervenes a positive precept of the Supreme Pontiff, after mature consideration of the matter, there is an obligation under grave sin of embracing the priestly state: for in this case the will of God is so certainly manifested that it is truly imperative. St. Thomas teaches this1 in relation to the episcopate, and the reason which he brings forth also holds as regards the presbyterate: "Just as it pertains to an inordination of the will that someone by his own movement be borne toward this, that he be placed over the governance of others, so also it pertains to an inordination of the will that someone, wholly against the injunction of a superior, finally refuse the aforesaid office of governance, on account of two things: first indeed, because this is repugnant to charity toward neighbors, to whose utility someone ought to expose himself according to place and time...; secondly, because this is repugnant to humility, by which someone subjects himself to the commands of superiors." - But a Bishop ought to command the reception of orders absolutely to no one, unless a grave necessity of the Church urges, for which he cannot provide otherwise.

1 St. Thom., 2. 2. q. 185, a. 2.

(B) When there are only common signs of vocation, and no mandate of Superiors is had, Christian prudence indeed counsels that one obey the judgment of superiors, but no strict obligation under grave sin is given. For the Sacred Penitentiary2, August 27, 1829, declared that a cleric was not to be compelled to receive sacred orders who, although chosen by his superiors and judged by his confessor worthy of the sacred ministry, refused to obey their admonitions, because of humility or fear of dangers. The reason is that no one is held under grave sin to embrace a state to which the practice of the evangelical counsels is annexed, unless the will of God imposing this obligation is clearly established; but, when only the ordinary signs of divine vocation are posited, the absolute will of God is indeed prudently, but not certainly, established.

2 Ap. Icard, n. 319; Gasparri, n. 114.

(C) He sins gravely who receives sacred orders when he is conscious that he is not divinely called, or approaches rashly without due investigation, or with grave doubt concerning vocation: for he does injury to God and to the Church, and exposes himself and the souls to be committed to him to the danger of spiritual ruin, as is established from what has been said concerning the necessity of vocation. Yet he must not despair of his own salvation; but, penance for his sins having been performed, by prayers and by the exercise of clerical virtues let him ceaselessly ask from God further helps of grace; let him strive with all his strength duly to satisfy his obligations; and God, who wills that no one perish, even one guilty of the gravest sin, provided he is penitent, will supply to him graces by which, helped, he can fulfill his offices and make himself saved.

II. On Dimissorial And Testimonial Letters.

n. 1165.
  1. 1° Dimissorial letters are those by which the proper Ordinary1 delegates another to ordain his subjects. Once given, they do not expire by the death of the one granting them; but while the matter is still intact, they can be revoked or limited not only by the one granting them, but also by his successor2.

1 Cf. Codex, c. 958.

2 Codex, c. 963.

n. 1166.
  1. 2° On testimonial letters. (A) Notion. Testimonial letters properly so called regard canonical impediments3. Letters of this kind must be given by the Ordinary himself or by the religious Superior; hence, if a cleric has completed studies outside the diocese, the testimony of the rector of the Seminary, or of the priest to whom the candidate had been commended outside the seminary, concerning the good morals of the same candidate, does not suffice, nor the testimony of baptism and confirmation for one to be promoted to first tonsure, nor the testimony of the last ordination, nor the testimony concerning completed studies4.

3 Codex, c. 993, 4°.

4 Codex, c. 993.

n. 1167.
  1. (B) Necessity. (a) The general rule is that testimonial letters must be obtained from the Ordinary of that place in which the one to be ordained has resided for so much time that he could have contracted a canonical impediment there. Now 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 on account of a shorter time of residence, and on account of time which preceded puberty."5

5 Codex, c. 994.

n. 1168.
  1. (b) "If the local Ordinary, neither by himself nor by others, does not know the one to be promoted sufficiently, so that he can testify that during the time in which he resided 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."6

6 Codex, c. 994, § 2.

From the Codex: those incur by the law itself suspension for one year from the conferral of orders, reserved to the Apostolic See, 1° who have ordained an alien subject without dimissorial letters of the Ordinary himself; 2° who have ordained their own subject without testimonials in the cases enumerated above1.

1 Codex, c. 2373.

III. On The Age Of Those To Be Ordained.

n. 1169.
  1. (A) According to the Codex, (a) let no one be promoted to first tonsure before the theological course has been begun2.

2 Codex, c. 976.

(b) As regards sacred orders, these things are established in the Codex: "Let the subdiaconate not be conferred before the twenty-first year has been completed; the diaconate before the twenty-second has been completed; the presbyterate before the twenty-fourth has been completed."3

3 Codex, c. 975.

(c) That someone may be held suitable for the Episcopate, he must, among other qualities, have been born at least thirty years4.

4 Codex, c. 331.

n. 1170.
  1. (B) The Roman Pontiff alone can by his own power dispense from a defect of age. For the subdiaconate a dispensation is never granted; for the diaconate, rarely; for the presbyterate, easily, if only thirteen months are lacking; rarely, and not unless for a grave cause, if eighteen or twenty months are lacking to the legitimate age.

IV. On The Title Required For Ordination.

Vermeersch, Theologia Moralis

Vol. III, Bk. II, Tr. VII, Ch. III, § 2. Who Are Validly Ordained · Vol. III, Bk. II, Tr. VII, Ch. III, § 3. Who Are Licitly Ordained · Vol. III, Bk. II, Tr. VII, Ch. V, Rite, Place, Time, and Notation of Ordi…, § 1. The Preparation of Ordinations · Vol. III, Bk. II, Tr. VII, Ch. V, Rite, Place, Time, and Notation of Ordi…, § 2, Time, Place, Notation

Vol. III, Bk. II, Tr. VII, Ch. III, § 2. Who Are Validly Ordained

n. 689.

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

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

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

n. 690.

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

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

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

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

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

Vol. III, Bk. II, Tr. VII, Ch. III, § 3. Who Are Licitly Ordained

n. 691.

— For orders to be received licitly the subject must:

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

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

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

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

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

n. 692.

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

n. 693.

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

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

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

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

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

n. 694.

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

n. 695.

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

n. 696.

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

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

n. 697.

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

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

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

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

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

Vol. III, Bk. II, Tr. VII, Ch. V, Rite, Place, Time, and Notation of Ordi…, § 1. The Preparation of Ordinations

n. 723.

— Order of speaking. Besides timely notice to be given to the bishop concerning one's purpose of receiving orders (c. 992), those to be promoted must bring testimonial letters; and the Code besides prescribes concerning them an examination, banns, investigation by the Ordinary, and spiritual exercises. A few things concerning each.

n. 724.

— I. Testimonial letters. 1. Seculars and religious who in ordination are governed by the law of the former, cc. 993, 994, are ordered to bring:

testimony of the last ordination, or, if it is a question of first tonsure, of baptism and confirmation received;

testimony concerning the studies completed which are required by canon 976 for the individual orders;

testimony of the rector of the seminary, or of the priest to whom the candidate outside the seminary had been commended, concerning his good morals;

testimonial letters of the Ordinary of the place in which, after puberty, the one to be promoted has stayed for a quarter as a soldier, or for a semester as a cleric or simple layman. And the ordaining bishop, according to his prudence, can require testimonial letters also on account of a briefer time of stay and on account of time which preceded puberty. Testimonial letters make faith that no canonical impediment has been contracted by the candidate. If the Ordinary of the place has known the candidate too little to be able to make this attestation, or if the one to be promoted himself has wandered through so many dioceses that it becomes impossible or too difficult to obtain all the dismissorial letters, let the Ordinary provide at least by a supplementary oath to be furnished by the one to be promoted. If after the letters have been obtained and before ordination the one to be promoted has again stayed in the same territory for three or six months (according to the case), new testimonial letters of the Ordinary of the place are necessary;

testimonials of the major religious Superior, if the one to be promoted is ascribed to some religion.

Testimonial letters are to be given for receiving orders (Noldin, III, 471).

The time of stay is understood as morally continuous; for, as is made manifest from can. 994, §3, it is a question of someone who has remained in the same territory for that time; and the response of the Sacred Congregation of the Council, June 25, 1904 (Periodica, II, 118), agrees.

The ordaining bishop who can require testimonial letters more severely is both he by whose authority the ordinations are done, that is, regularly the Ordinary of the place, and the ordaining bishop himself, who has the right and office of driving away suspicion from his ordinand; but when it is a question of the oath by which the letters are to be supplied, that is permitted to the prudence of the Ordinary of the place alone.

By these dispositions the former law is moderated somewhat, insofar as letters for the time before puberty are not regularly to be required; and the Ordinary of the place has a remedy for supplying the letters.

  1. Religious who are not governed by the law of seculars must bring dismissorial letters of the religious Superior, by which he makes faith not only concerning the quality and domicile of the one to be ordained, but also concerning studies and other requisites.

After dismissorial letters have been received, the bishop does not need other testimonials (c. 995).

But before the novitiate, testimonial letters had to be obtained from the Ordinary of origin and of each place in which, after the fourteenth year of age had been completed, the aspirants had stayed beyond a morally continuous year, besides the sworn testimonial letters of the rector of the seminary or college, after hearing the Ordinary of the place, or of the major Superior of the religion in whose postulancy or novitiate they had been.

Therefore by this sign religious who are governed by proper law are distinguished from those who are subject to the law of seculars, because the former receive dismissorial letters from their own Superiors.

From the indult by which not a few other non-exempt religious Superiors are permitted to give dismissorial letters, they are tacitly relieved from the burden of bringing other testimonials.

n. 725.

— II. Concerning the examination, what was said above, n. 693. But it can be asked to whom it belongs to examine religious who have the privilege that they can be sent by their Superiors to any bishop whatever. And we think that the right of examination remains in the bishop who, unless there were a privilege, would ordain them by his own right. But the privilege of exemption from episcopal examination follows such a privilege rather consistently. Yet to the ordaining bishop there remains the faculty of requiring an examination, which c. 991 also attributes to him who ordains another's subject.

n. 726.

— III. On banns. The names of those to be promoted to the individual sacred orders, except religious of perpetual vows, are to be publicly announced in the parochial church of each candidate, on a feast day of precept, during the solemnities of Masses, or on another day and hour at which a greater attendance of the people is had in church (c. 998, §§1, 2).

It is permitted to the Ordinary, for a just cause, both to dispense from that publication, and to command that it be made also in other churches, or to substitute for it public affixing at the doors of the church for several days, in which at least one feast day is included (c. 998, §1).

After six months have elapsed without the ordination having been performed, the publication is to be repeated, unless it seems otherwise to the Ordinary (c. 998, §3).

Moreover "the faithful are held by the obligation of revealing to the Ordinary or pastor before sacred ordination impediments to sacred orders, if they know any" (c. 999).

Publications, therefore, are to be made before the individual sacred orders. A parish becomes one's own through domicile or quasi-domicile. From the analogy of banns of marriage we shall say that the same must be made in several parishes for him who has several proper parishes. The proper parish of transients is the parish where they are staying.

The obligation of reporting impediments is of natural law, which is recalled and confirmed by the positive canon. General norms concerning prescribed denunciation are to be applied. Cf. t. II.

n. 727.

— IV. On the investigation of the Ordinary. The Ordinary must make useful inquiries; and especially must commit to the pastor who carries out the publications, or even to another, that he diligently inquire concerning the morals and life of those to be ordained, and transmit testimonial letters concerning the investigation and publication to the curia (c. 1000).

In the ordination itself, however, the archdeacon can answer that those are worthy whom he has not known to be unworthy (cf. c. un. De scrutinio in ordine faciendo [I, 12]).

n. 728.

— V. On spiritual exercises. On all, even religious, there are imposed by c. 1001, before first tonsure and minor orders, spiritual exercises for at least three full days; before sacred orders, for at least six full days. If some are to be promoted to several sacred orders within a semester, the Ordinary can reduce the time for ordination to the diaconate, but not below three days.

Longer exercises are urged more before subdiaconate and priesthood, because subdiaconate imposes on seculars the obligation of chaste celibacy, while priesthood imposes graver offices besides the practically indispensable obligation of perfect chastity. Yet the matter is to be taken reasonably. Therefore, if use is made of a privilege permitting three sacred orders to be received in one moral series, it will suffice to make the exercises once, especially if they are then prolonged to eight or ten days. But as often as a reasonable interval permits it, at least three days of exercises are to be placed before the individual sacred orders.

The exercises must be repeated if, after they have been completed, ordination has been delayed beyond six months; if the delay has been less, let the Ordinary judge concerning the opportuneness of repeating the exercises.

Religious are to make these exercises in their own house or in another prudently chosen by the Superior; seculars, however, in the seminary, or in another pious or religious house designated by the bishop.

The Ordinary to whom various things to be defined are committed in c. 1001 is the Ordinary of the place and, for exempt religious, the major Superior. The Superior will also have to attest in his letters that the religious has completed the exercises.

The preceding pontifical law imposed spiritual exercises (and indeed for ten days) before the individual major orders only on secular clerics who were ordained in the City.

Vol. III, Bk. II, Tr. VII, Ch. V, Rite, Place, Time, and Notation of Ordi…, § 2, Time, Place, Notation

n. 729.

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

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

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

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

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

n. 730.

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

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

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

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

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

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

  1. The repetition of ordination or a rite to be supplied, absolutely or conditionally, can always be performed outside the Times and secretly (c. 1007). But here outside the Times signifies on every day on which Mass can be celebrated.
n. 731.

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

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

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

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

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

n. 732.

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

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

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

n. 733.

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

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

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

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

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

  1. Obligation. It is not established that there is any obligation under sin of fulfilling any of these burdens.
n. 734.

Summary

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

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

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

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

Prümmer, Manuale Theologiae Moralis

Vol. III, Pt. II, Tr. IX, Chapter III. On The Subject Of Order

n. 601.

601. Preliminary note. Here we treat of those conditions which are required on the part of the subject for valid and licit ordination. For valid ordination three things are required, namely, that the ordinand: 1. be male; 2. be baptized; 3. have at least the habitual intention of receiving the order, if he is an adult. Of itself nothing prevents even infants from validly receiving orders, but such an ordination is subject to many inconveniences and is therefore obsolete today. The conditions required for valid ordination do not need a special explanation, and therefore we treat only of the qualities required for a worthy and licit ordination. All these qualities can be distributed into two categories, namely: 1. those qualities which regard rather the soul of the ordinand and are already prescribed by divine law; 2. those qualities which are rather extrinsic and are established by ecclesiastical law. Among these qualities established by ecclesiastical law, immunity from irregularities and impediments is preeminent; these must be treated specially. Hence we divide this chapter into three articles: 1. on the qualities required by divine law; 2. on the qualities required by ecclesiastical law; 3. on irregularities and impediments.

Marc, Institutiones Morales

Vol. II, Part Third: On the Sacrame…, Tr. VII, Chapter III: On The Subject Of Order · Vol. II, Part Third: On the Sacrame…, Tr. VII, Ch. III, Article I: On The Conditions Which Regard The Soul Of The Ordinand · Vol. II, Part Third: On the Sacrame…, Tr. VII, Ch. III, Article II: On The External Conditions Required In The Ordinand · Vol. II, Part Third: On the Sacrame…, Tr. VII, Ch. III, Article II: On Those Things Which Regard The Mode Of Ordination

Vol. II, Part Third: On the Sacrame…, Tr. VII, Chapter III: On The Subject Of Order

n. ¶1911.
  1. The SUBJECT of Order is a male and baptized man, who, if he is an adult, must have at least a habitual intention of receiving the Sacrament.11 These things are required for VALID reception of Order, as is established from what was said concerning Sacraments in general, nn. 1433 and 1434. See besides, as to the Episcopate, n. 1924, 1.

But for the LICIT reception of Order, CONDITIONS of a threefold kind are required. The first kind embraces those things which are intrinsic to the Ordinand, or regard his soul, namely divine vocation, the intention of becoming a cleric, competent knowledge, and probity of life.12 The second kind embraces many extrinsic things, which are required of the Ordinand, such as immunity from censure and irregularity, canonical age, Confirmation, the exercise of the Order received, and title of sustenance. The third kind finally regards the very mode of Ordination, such as Ordination by degrees, interstices, time, place, reception of the Eucharist, and the legitimate Bishop, who at the same time ordains and celebrates Mass. - Each point is to be weighed accurately.

Vol. II, Part Third: On the Sacrame…, Tr. VII, Ch. III, Article I: On The Conditions Which Regard The Soul Of The Ordinand

n. ¶1.

Besides the STATE OF GRACE, which is necessary for receiving the Sacrament of Order,

n. ¶1912.
  1. I. DIVINE VOCATION is required in the Ordinand, as is established from Heb. 5:4: "Nor does anyone take the honor to himself, but he who is called by God, as Aaron." And from John 15:16: "You have not chosen me, but I have chosen you." The sublimity of Order, the holiness of the office, and the gravity of the burden plainly demand this divine vocation for themselves (cf. n. 2142).

The principal SIGNS of divine vocation are, says St. Alphonsus:13 1. suitable knowledge; 2. probity of life (concerning which matters we must soon treat); 3. right intention or the desire of devoting oneself to the divine glory and the salvation of souls. But the signs from which it becomes known that someone is not called are, among others: a certain deformity of body, infamy, a habit of sinning, especially against chastity, natural levity, weariness of piety, sloth, a worldly disposition.14 "He who, without vocation explored from such signs, thrusts himself into the sacred ministry, certainly cannot be excused from grave presumption...; and since here he exposes himself to great danger of damnation, I do not know how he is excused from grave fault.15 - And those Bishops commit themselves to this danger of salvation so much the more, who promote those not called to sacred Orders, according to that saying of the Apostle (1 Tim. 5:22): "Do not impose hands quickly on anyone, nor communicate in the sins of others." Nor therefore is it to be wondered at, that in canon law it is prescribed, and expressly in can. Nullus, dist. 24: "that no one be ordained, unless he shall have been approved."16

n. ¶1913.
  1. II. From Trent (sess. 23, cap. 4, de ref.) there is required an INTENTION OF BECOMING A CLERIC, i.e., of ascending to higher Orders: namely, if someone accepts a Benefice, to which offices of a higher Order are annexed; otherwise the Council requires in the Ordinand only the intention of remaining in the clerical state.17 "Let not those be initiated with first tonsure," it says, "of whom there is not a probable conjecture that they have chosen this kind of life not by fraud for fleeing secular judgment, but so that they may render faithful worship to God."

Hence: 1. He who receives minor Orders or first tonsure for the end that he may decline the lay forum, having in mind to return to secular life, sins; and indeed, according to the more probable opinion, mortally, insofar as he acts in fraud or gravely defrauds the Church, by abusing its sacred ministries for temporal ends. Yet another probable opinion "says that he does not sin mortally, because from Trent someone is then understood to commit fraud, when he receives Orders so that he may escape some secular judgment already begun, and this indeed will be mortal; otherwise it will be only venial by reason of the disordering of the end intended by the Church.18"

2. He who, after receiving minor Orders, takes a wife, speaking in itself, does not sin gravely; indeed not even lightly, if he does this from a just cause. - We said speaking in itself; for one who, being certain of his clerical vocation, withdraws from it in order to enjoy the world, can scarcely be judged to be established in a good state of soul.19

Note. Concerning a Cleric ordained by force or fear, see n. 1434.

n. ¶1914.
  1. III. COMPETENT knowledge is required. From the Council of Trent (loc. cit.) it is required for those to be initiated to tonsure "that they have been taught the rudiments of faith and know how to read and write." For those to be initiated to minor Orders, "that they understand the Latin language." For subdeacons and deacons, "that they be instructed in letters, and in those things which pertain to exercising the Order." Finally, for those to be initiated to the priesthood, "that, after a diligent examination has preceded, they be approved as suitable to teach the people those things which it is necessary for all to know unto salvation, and to administer the Sacraments" (cf. n. 1787). But what is required for a Bishop, see among the Canonists.

To what has been said THREE things are still to be added, namely: 1. The Bishop is bound, unless he is certain from another source concerning the knowledge of the Ordinands, to examine his own subjects, "having called to himself for this purpose expert and suitable men," as Trent speaks (sess. 23, cap. 7). - 2. All who possess the degree of knowledge required by Trent, the Bishop can ordain with a safe conscience. Yet it is licit to require greater knowledge from his own subjects; and this, in present times, is laudably required in many places. - 3. The common opinion holds that less knowledge is required in Regulars devoted to the contemplative life, because they are ordained only for the service of choir and altar. Nevertheless, it must be said otherwise if Regulars are to be deputed to all priestly offices, as is commonly done today.20

n. ¶1915.
  1. IV. PROBITY OF LIFE is required, by which namely the cleric, existing faithful to the divine vocation, may furnish a certain pledge of future perseverance. Hence Trent (sess. 23, cap. 12): "Let Bishops know that only the worthy are to be assumed to these Orders, and those whose approved life is old age." And St. Thomas: "Not any sort of goodness suffices, but excellent goodness is required." Hence the Apostle (1 Tim. 3:6) prohibits neophytes from being ordained, that is, as the same Angelic Doctor explains, those who are neophytes not only in age, but also those who are neophytes in perfection.

From positive law, especially from Trent, sess. 23, caps. 5 and 7, de ref., and from the Pontifical, THREE SCRUTINIES must be sent before sacred Ordination. - The first is made by the pastor or by another appointed by the Bishop; and for this a proclamation must be made both in the parish of origin and in the parish of habitation of the Ordinand, if they are different. The second scrutiny is instituted by the Bishop himself with certain examiners, on Wednesday, or a few days, before Ordination: to this end, namely, that "he diligently investigate and examine the birth, person, age, instruction, morals, doctrine, and faith of the Ordinands." - The third scrutiny is made in the very Ordination (namely of deacons and presbyters) through those words of the Bishop: do you know that they are worthy? - These today are, together with the attestation itself of the archdeacon, a mere ceremony (cf. n. 1917). See more among the Canonists.21

n. ¶1916.
  1. Questions. Q. 1. What must be done by the Bishop, that he sufficiently prove Candidates for sacred Orders?

Resp. St. Alphonsus:22 "For this proof, to be sought out by the Bishop, it does not indeed suffice that he himself knows nothing evil concerning the Ordinand; but he must become certain concerning his positive probity, according to the sublimity of the grade to which he pants to ascend, as Suarez, Sanchez, the Salmanticenses, etc., commonly say with St. Thomas... On which matter, Bishops in seeking this proof ought not to be content with the simple attestation of pastors, who, led by human respects, easily indulge clerics in granting attestations of this kind; but besides, after secret information has been taken from others worthy of trust, they must become certain, not only that the one to be initiated has not been evil, namely that he has not been quarrelsome, has not given scandal by frequenting games, depraved conversations, etc.; but also that he is positively good, that is, that he leads a spiritual life, is assiduous in churches, frequents the Sacraments and prayer, devotes himself to study, etc. Someone will say: If this were observed, ministers would indeed be lacking in the Church. Benedict XIV rightly responds to this: It is better to have fewer ministers, but upright and useful, than many who will be of no value."

Q. 2. What must be done by a Confessor with a cleric habituated in a base vice?

Resp. 1. An Ordinand23 who is habituated in the base vice of lust (or of drunkenness24), although he is disposed for the Sacrament of Penance, by that very fact is not yet disposed to receive sacred Order; but for some time he must devote effort to rooting out the depraved habit. The reason is, because, that someone ascend to the dignity of sacred Order, the simple and actual state of grace does not suffice; but there is also required surpassing and habitual goodness, which, according to the common law, is not acquired immediately. - But if one habituated in a base vice wished to ascend to sacred Order immediately, without experiment of amendment, that man, as rash, would also render himself unworthy of sacramental absolution.

Resp. 2. If nevertheless the penitent were endowed by God with such compunction, which would free him from his former frailty (which can rarely be supposed), and he firmly resolved to avoid sins and occasions, and to use efficacious remedies, so that he could lead a life worthy of a priest, he could be absolved, although he wished to receive Order immediately. But indeed, in this case also, for one wishing to be ordained immediately, it is more advisable that absolution be deferred, so that he may be better proved by an experiment of time; provided that from the delay there is not to be feared a proximate danger of infamy.1

Q. 3. Whether a cleric, who has been judged worthy of some Order, can be compelled to receive it?

Resp. Neg., in itself, according to the decision of the S. PENITENTIARY (August 27, 1829), which responded that a cleric is not to be compelled, who, although chosen by his Superiors and judged worthy by his confessor for the sacred ministry, refuses to obey their admonitions, by reason of humility, or fear of dangers; nor did it judge that a deacon was to be compelled to receive the Order of the presbyterate, even if he is chosen by Superiors as most apt, and is judged worthy by his confessor.2 - But except: 1. if it is judged that the absolute will of God intervenes through extraordinary signs, either exteriorly, or interiorly in the intimate state of the soul, manifested to the Ordinand; 2. if there is present a grave necessity of the Church, for which otherwise provision cannot be made.

Note. Innocent XI, through the S. C. OF BISHOPS AND REGULARS, October 9, 1682, commanded the Archbishop of Milan and all the Bishops of Italy and the adjacent islands, that individual Clerics, about to receive Orders both minor and major, should devote themselves for ten continuous days to SPIRITUAL EXERCISES. Nevertheless, from introduced custom, for sacred Orders alone, ten whole days are required (cf. n. 1367).3

Vol. II, Part Third: On the Sacrame…, Tr. VII, Ch. III, Article II: On The External Conditions Required In The Ordinand

n. ¶1.

From the Tridentine law there are REQUIRED in the Ordinand:

n. ¶1917.
  1. I. IMMUNITY FROM CENSURE AND IRREGULARITY. - The one to be ordained must be immune from censure and irregularity; for censure deprives of participation in the goods of the Church; and irregularity induces incapacity for Order: therefore each impedes Ordinations.

And hence it is why the Bishop, from the prescription of the Pontifical, before the Ordination has begun, commands, under penalty of excommunication, that no one bound by either impediment approach; just as neither one enrolled, or not approved, or a foreigner, protesting that he does not wish to ordain unworthy persons of this sort. If nonetheless someone of this kind should approach, his Ordination would have to be judged valid; because the aforesaid things today pertain to mere rite, or are customarily prefaced only for terror: whence it cannot be supposed that the Bishop truly wished to bind his intention to such a protestation, unless the contrary is positively established.4 "For the Bishop," says Benedict XIV5 with Navarre, Gobat, and Lugo, "lest he become guilty of grave sin, is bound to have the absolute intention of conferring Order on the man present, when he imposes hands."6

n. ¶1918.
  1. II. CANONICAL AGE. Trent (sess. 23, cap. 12) establishes these things as to the major Orders: "No one hereafter is to be promoted to the Order of the Subdiaconate before the twenty-second year of his age, to that of the Diaconate before the twenty-third, to that of the Presbyterate before the twenty-fifth." In which law, a begun year is held for completed. - Nor indeed can one be ordained without dispensation, to whom only a few hours are lacking; because the required year can in no way be said to have been begun. - For the Episcopate it is established thus in law: "Let no one be elected Bishop, unless he has already passed, or completed, the thirtieth year of age."7 - For minor Orders and tonsure, no age is assigned in law; it suffices that the one to be initiated possess the use of reason, and therefore that he be at least seven years old.8

Dispensation over age is reserved to the Roman Pontiff, who is not accustomed to grant it, except for receiving the Priesthood, on account of the necessity or utility of the Church.9 He who knowingly is promoted to major Orders before the legitimate age sins gravely;10 yet he does not incur suspension (which formerly was incurred): as is drawn from the Constitution Apostolicae Sedis.

n. ¶1919.
  1. III. CONFIRMATION RECEIVED. - "Let not those be initiated with first tonsure," says Trent, "who have not received the Sacrament of Confirmation." It is commonly taught that this obligation is only under light fault, because the words of the Council denote propriety rather than a formal precept.11 Nevertheless, the S. C. of the Council declared (September 27, 1601) that he who received tonsure or Orders not confirmed cannot, as badly promoted, ascend to other Orders, nor retain Benefices, concerning which he was provided, without dispensation of the Pontiff; for he is held as irregular.12
n. ¶1920.
  1. IV. EXERCISE OF THE ORDER ALREADY RECEIVED. The Council of Trent prescribes,13 that the one to be initiated have exercised the Order previously received, and indeed in the church to which he was assigned. - But the Salmanticenses think this is not of grave precept; since the words of the Synod are more consultative than preceptive, namely these: "let them exercise themselves in each one, according to the prescription of the Bishop."14
n. ¶1921.
  1. V. TITLE OF ORDINATION, or security by which provision is made for the Ordinand in sacred Orders concerning honest and perpetual sustenance. A title is required by the Councils, and especially by Trent,15 both lest clerics, from lack of sustenance, be compelled to exercise some vile craft or to beg, and so that they may be able more freely to attend to spiritual things, without being distracted by solicitude for temporal things. And this law is so firm, that the Bishop granting Order or dimissorials without a title is himself bound, unless he was deceived, to feed the needy Ordained until he obtains a title for him.16 And if he shall have ordained someone thus, with the pact that the Ordained not seek food from him, he incurs by the law itself a three-year suspension reserved to the Pope. From the Const. Apostol. Sedis (cf. n. 1362). But if after the Subdiaconate has been received the title perishes, one cannot ascend to a higher Order without a new title.17 This is established from Trent.18
n. ¶1922.
  1. Especially a THREEFOLD TITLE is given, namely of Benefice, patrimony, and religious poverty.

1. The title of ECCLESIASTICAL BENEFICE is the most powerful title of Ordination. Concerning this the Council of Trent establishes thus: "Let no secular cleric hereafter... be promoted to sacred Orders, unless first it is legitimately established that he peacefully possesses an ecclesiastical benefice which honestly suffices for his living." - Therefore there is required 1) a Benefice, or a perpetual right of receiving fruits from the goods of the Church on account of some spiritual office constituted by ecclesiastical authority.19 2) Sufficient for living, that is, according to the tax of the diocese of origin; or of the diocese where the benefice is, if it is residential. But if the defect of the benefice is slight, someone is licitly ordained; otherwise, if it is notable, e.g., of a fifth part. It can nevertheless be supplied from other goods, provided another title, e.g., of origin or domicile, exists, conferring on the Bishop the right of ordaining (cf. n. 1907, 3). - 3) Peacefully possessed; whence, a benefice certain for the future does not suffice, nor a benefice whose possession is unjustly impeded; but that one suffices whose revenues can be received only after the priesthood has been received.

Moreover, no one initiated in sacred Orders can resign his benefice, "unless mention has been made that he was promoted to the title of that benefice; nor is that resignation to be admitted, unless it is established that he can live comfortably from elsewhere; and a resignation otherwise made is null." Thus Trent, in the cited place.20

2. The title of PATRIMONY "obtains, when the Ordinand is furnished with such goods, certain, stable, and fruitful, coming from elsewhere than from the Church, as are judged, in the judgment of the Bishop, to suffice for his congruous sustenance."21 But that this title may be valid, from Trent, the patrimony must be: 1) perpetual, e.g., a perpetual census, although it can be redeemable; 2) constituted over a certain and immovable thing, and one by its nature fruitful, peacefully possessed,22 and not burdened by debt or mortgage; 3) approved in the episcopal Curia, and set out to the synodal tax by a legitimate instrument; 4) firm and inalienable unless, from a just cause, the license of the Bishop intervenes.23 - It can be constituted under the clause: until the cleric is provided for or obtains other goods; but the prior title is not extinguished, unless a new one has been subrogated by the Bishop. Thus from the S. C. C., July 12, 1687. It can likewise be constituted in nominative bonds of public debt, provided they are supposed to mortgages, as commonly happens.24

To patrimonies are reckoned perpetual pensions, perpetual legacies of Masses; indeed also manual, or lay, Chaplaincies, provided they are conferred under the condition until the ordained one is provided for, and in legal form, recognized in the episcopal Curia.25

3. The title of POVERTY, instituted by St. Pius V, "is placed in religious profession, by virtue of which, those who have emitted solemn vows in an approved Religion; either from the revenues of goods, if the Religion itself possesses any; or from the pious largesses of the faithful, have all things in common, of which they need for sustaining life."26 But Religious of simple vows, or not yet solemnly professed, cannot receive sacred Orders, unless they have a patrimony or another title. - Except the Religious of the Society of Jesus, who after simple vows can be ordained, from the concession of Gregory XIII; and if they are dismissed from the Society, it is not bound to the supplying of congruous sustenance, as Benedict XIII declared in perpetuity.27

n. ¶1923.
  1. Besides these titles, others are commonly admitted from Pontifical Indult, especially in regions where no benefices, or only slight ones, exist, or where civil law prevents sacred patrimonies from being constituted. Of this sort are:

1. The title of service of a Church. This title, formerly ordinary, but now extraordinary, is granted under this law, that the Ordinands be bound perpetually to some Church, from whose service they can be sustained. - We say perpetually; for they can never be removed from that church; but neither can they themselves depart from it, unless otherwise provision has been made for them.28

2. The title of common table, which is customarily granted to clerics living in a common discipline of life, although they emit only simple vows, or even none. - Akin to this is the title of a College, Seminary, etc. Nay more, in Germany, with the Holy See permitting or tolerating, the title of table is admitted, i.e., the promise of a pension to be paid to the ordained, if on account of old age or sickness they should become unable to undergo sacred duties.29

3. The title of Mission. This title is granted to alumni of the Congregation de Propaganda Fide and to others who devote themselves to apostolic Missions. - But it is granted under this pact, that the Ordinands promise with an oath that they will devote their labor to the Missions for which they have already been destined, or will afterwards be destined.30

Let the following things be NOTED, for practice: 1. The sin "is grave, unless a dispensation is obtained from the Holy See, to ordain or be ordained without a title, or with a false title (i.e., one which does not exist); or, if the matter is about patrimony, with a fictitious or fiduciary title, or with none, or an unjust one, or one liable to restitution or resolution.31"

2. "If, when the title generally has been lost, or even the title of Mission, another is not substituted for it, the Priest does not on that account remain suspended; but Ordinaries are bound to compel the Ordained to the subrogation of another title, as has been provided by the sacred Canons." - Thus the S. C. DE PROP. FIDE, September 1, 1856.

3. "Likewise Regular Priests, who have pronounced solemn vows, and by Apostolic indulgence are permitted to live in the world; or who have emitted simple vows, and have departed from their Congregations or Institutes, lest they be compelled, with disgrace to their proper grade, to beg, are bound to provide for themselves concerning a canonical title. - But in places of Missions they are at least bound to prove that means are supplied to them, by which, as is fitting, they may provide for their own sustenance.32"

Vol. II, Part Third: On the Sacrame…, Tr. VII, Ch. III, Article II: On Those Things Which Regard The Mode Of Ordination

n. ¶1924.
  1. As to the MODE, the following things are required:

It is required 1. That Ordination be done BY DEGREES, namely with their legitimate order preserved in the reception of Orders. If someone is ordained by leap,

he sins gravely, and is prohibited from the exercise of the Order received, as long as he has not received the Order omitted.1 - Although an Ordination of this sort is gravely illicit, it is nevertheless valid, except in the case in which someone should receive the episcopate before the priesthood (cf. n. 1888, q. 2). - From legitimate cause, the Bishop can (from Trent, sess. 23, cap. 14) dispense in the suspension or incapacity with those promoted by leap, if they have not ministered; but if they have ministered, they now need an Apostolic dispensation (cf. n. 1372).

It is required 2. that Ordinations be received through the appointed INTERSTICES of times. On this matter many things are to be NOTED: 1) The Bishop can, when he pleases, confer first tonsure with some minor Order, because first tonsure is not an Order. 2) Between the minor Orders some interval is indeed required; but how great it ought to be, Trent did not determine, indeed it says: "Unless it should seem otherwise to the Bishop." 3) That someone ascend from minor Orders to the subdiaconate, the space of one year is required; unless necessity, or the utility of the Church to which the future subdeacon is to be assigned, in the judgment of the Bishop, demands otherwise. 4) Between the subdiaconate and the diaconate likewise the space of one year is required; but any reasonable cause excuses, according to the judgment of the Bishop. - 5) Between the diaconate and the presbyterate likewise the space of a year is required, unless on account of the utility and necessity (namely moral necessity) of the Church, it should seem otherwise to the Bishop. All these things are from Trent, sess. 23, caps. 11 and 13.2

"But if it is a question of Regulars, to whom the Apostolic See, after Trent, granted the privilege of exemption from interstices, the judgment does not pertain to Bishops, but to Regular Superiors."3

You will ask, whether several Orders can be conferred on the same person ON THE SAME DAY?

Resp. 1. Tonsure and minor Orders can licitly be conferred on the same day, where custom has obtained. 2. Major Orders cannot, without grave sin, be conferred on the same day, as is established from Trent, cited cap. 13; nor, by force of law, the subdiaconate with minor Orders. Indeed, the S. C. C., in a Cagliari case, February 21, 1728, denied that this could be introduced by custom, although Authors commonly affirmed it.4

It is required 3. that Orders be received ON DAYS ASSIGNED BY LAW. Now, by ordinary law, tonsure can be conferred on any day, place, and hour. - Minor Orders are legitimately conferred on one or two (or at least few), on Sundays and Feasts of precept (even those abrogated in favor of the faithful5), nevertheless in the morning time, provided a general Ordination does not seem to be made. From received custom they can also be conferred on Wednesday of Ember Days, or on Friday before the Saturday of general Ordination. Major Orders are to be conferred only (within the solemnities of Masses) on the Saturdays of Ember Days, the Saturday before Passion Sunday, and Holy Saturday. - The Consecration of a Bishop is made at any time of the year, yet on Sunday, or on the natal day of the Apostles.6

From special indult, or privilege (such as certain Institutes, missionary Bishops, etc. enjoy) sacred Orders can be conferred, outside the times, on Sundays and on Feasts of precept even abrogated:7 provided the days are interpolated, or not continuous, as has been declared many times by the SS. Congregations.8 Yet broader privileges, if certainly granted to anyone, do not seem to have been revoked9 (cf. n. 2187, 5, concerning the privilege of Regulars).

It is required 4. That Ordination be had IN THE DUE PLACE, namely in the cathedral Church, or the worthier church of the diocese, as Trent speaks.10 If nevertheless the Ordination is not general, but of a few, it can be done in a private chapel, as the S. C. C. declared November 20, 1592.11 - By the name of due place is understood also the proper diocese; for it is not licit in another's territory, without the faculty of that Bishop, to exercise an act so solemn. Indeed from Trent,12 one ordaining thus incurs suspension from the exercise of Pontificals, and the Ordained from the exercise of the Order received (cf. n. 1368). Yet they except Tonsure, since this is conferred without Pontificals.13

It is required 5. that the Ordinands, as the Pontifical prescribes, receive the EUCHARIST. This prescription nevertheless does not oblige under grave fault except priests alone who concelebrate with the Bishop. "Indeed those to be initiated to minor Orders are not bound to communicate even under light fault, as is commonly taught."14

It is required 6. that the same Bishop who ordains ALSO CELEBRATE MASS; otherwise the mystery of unity would be divided, as Innocent III15 and Benedict XIV16 say. Nevertheless, the Ordination would be valid if one celebrated and another ordained, as the S. C. C. declared, since Mass is not of the essence for the validity of Orders.17

Let it be noted besides: 1) "The newly ordained presbyters must, together with the ordaining Bishop, read Mass, beginning from the prayer Suscipe sancte Pater." Thus the Roman Pontifical.18 They truly consecrate with the Bishop, although only one Sacrifice is made; wherefore they must attend to this, that they pronounce the words of consecration at the same point of time as the Bishop, and, as far as can be done, complete the form together with him.19 Thus the Roman Pontifical. 2) They must also say the Gospel with the same Bishop at the end of Mass (S. R. C., November 12, 1831, in a Marsi case, ad 12).20 But if Ordination is made with chant, they are bound to read without chant the Preface and the other things which are chanted by the Bishop (S. R. C., ibid., ad 11). - 3) They must read Mass, not standing, but kneeling on the ground; and therefore they must not perform during the Sacrifice all the actions which the Bishop himself performs, for example make crosses with the hand over the Oblata, genuflect, etc. (S. R. C., September 20, 174921). - See more among the expositors of the Rubrics.22

n. ¶1925.
  1. Questions. Q. 1. How do the PRAYERS oblige, which the Bishop imposes on the Ordained by way of penance?

Resp. It is more probable that they oblige only under light fault, from the more common interpretation.23 - Now 1) "The words of the Roman Pontifical: Nocturnum talis diei, understand of the single Nocturn on a ferial day, or of the first on Sunday, as in the Psalter (i.e., of twelve Psalms with their antiphons of the time), which the ordaining Bishop can designate, either of the day itself on which he has the Ordination, or of another at his discretion." Thus the S. R. C., August 11, 1860, in Granada.24 But when the Bishop expresses nothing else than that which the words of the Pontifical report, it is to be said to be the Nocturn of the feria which corresponds to that day on which the Ordination was made.25 2) The three Masses imposed on new priests (under venial fault) are to be celebrated on the first days on which it is licit to celebrate votive Masses; yet they are not to be applied for the Bishop, since that is not expressed, and the Bishop adds: And also pray for me.26

Q. 2. To what are priests bound by force of the OBEDIENCE which they promised to the Bishop in Ordination?

Benedict XIV responded, writing in the Bull Ex quo dilectus: "We acknowledge that a presbyter, by force of this sort of promise, is held bound, among other things, by this law, that he cannot depart from the service of the Church to which he shall have been assigned without the license of the Bishop." Except, if he is an exempt Religious, or wishes to embrace the religious state, as will be said below (n. 2138). But in the Ordination of Regulars the disposition of the Roman Pontifical is to be observed as to the formula itself: Promittis Ordinario tuo obedientiam etc. Thus the S. R. C., July 22, 1848.27

n. ¶1926.
  1. Note. The penalties which those badly Ordaining and those badly Ordained incur, we have sufficiently explained in the Treatise on Censures (n. 1362 sqq.). Yet it is helpful to collect them here in a few words:

1. Those badly Ordaining are punished with penalties: on account of defect of title in the Ordained (nn. 1362 and 1364); on account of illicit Ordination of another's subject (nn. 1363, 1367, 1370, 1371, and 1372); on account of Ordination of one's own subject without due testimonial Letters (nn. 1363 and 1367); and finally on account of illicit exercise of Pontificals in another's diocese (n. 1368).

2. Those badly Ordained incur penalties: on account of the unworthiness of the one Ordaining (n. 1366); on account of dimissorial Letters, when the See is vacant, illegitimately accepted (n. 1369); on account of reception of Orders from a titular Bishop without dimissorials (n. 1370); on account of defect of testimonial Letters (n. 1371); and, if they have been in Rome for four months, on account of the special conditions omitted there (n. 1367). - Concerning those cooperating in an illicit Ordination, and concerning those Ordained by leap, see n. 1372, question.

Konings, Theologia Moralis

Vol. II, Treatise on Order, Chapter IV. On the Subject of the Sacrament of Order

n. ¶1520.

1520. Principles. - I. The subject of Order is only a baptized male.

The first reason is because women, by divine institution, are altogether incapable of any Order whatever. This is clear from Sacred Scripture.3 It is proved also from the perpetual practice of the Church, and from the unanimous consent of the Fathers and of all the Doctors.

The second reason is clear. For no one before receiving Baptism is able to receive any other Sacrament whatever.

But a baptized little boy, not yet possessed of reason, would indeed be ordained validly, but illicitly.

n. ¶1521.

1521. - II. In order that someone may duly receive Orders, the following conditions are required:

1° That he be bound by no irregularity, suspension, excommunication, or interdict.

2° That he have attained the age required by the Sacred Canons.

3° That he present fitting knowledge, proved by an examination.1

4° That, in the cases set forth in n. 1519. q. 1°, he show either testimonial or dimissorial letters.

5° That he be ordained at the due time, and with the due interstices interposed.

6° That positive probity of life have divine vocation also as its companion.

7° That ordination be made by grades, namely that a higher Order not be received before a lower, and indeed under mortal sin; nevertheless an ordination otherwise received would be valid, if you except the Episcopate, which prerequires Priesthood.2

8° That those to be ordained receive the Holy Eucharist; which statute of the Roman Pontifical more truly binds presbyters under mortal sin, deacons and subdeacons under light sin; but for those to be initiated to Minors it is judged to be of counsel alone.3

9° That, if there is question of Regulars, those things be observed which were said above n. 1195. C). 5° and n. 1519. q. 3°, and which will be said n. 1522 under 2°. - Regulars have besides the privilege that they can be ordained outside the times.4

10° That, if there is question of a married man remaining in the world, he cannot licitly be promoted to any Order, not even to Tonsure, except with the express and spontaneous consent of his consort.5 Except: a) if on account of the wife's adultery a legitimate divorce has been made, and indeed juridically, if the crime is not notorious;6 b) if, on account of heresy or apostasy from the Faith on her part, the judge has decreed perpetual separation (but today perpetual separation scarcely is accustomed to be permitted); likewise generally c) if the man has converted himself to the Catholic Faith, the wife remaining in infidelity. - But among us such a married man would be ordained most imprudently, unless first a sentence of divorce had been obtained from the civil judge.

But is it required besides that the wife enter Religion, and in the same solemnly profess?

Resp. 1° Negatively, generally, but the perpetual vow of chastity suffices.

Resp. 2° Affirmatively, if either the wife were young and the man became a religious, or the man were assumed to the Episcopate.

Resp. 3° Neither a vow nor entrance into Religion is required if the wife committed the crime of adultery.

11° That the names of secular clerics who are to be assumed to Sacred Orders be recited in the Church of the parish to which they belong.2 But this custom does not obtain among us, says Kenrick.3

12° That the Order received be exercised before one ascends to a higher one.4 Nevertheless, as to precept, without a strict mandate of the Bishop, it is not certain, especially as regards Minors, whose exercise has almost become obsolete.5

13° That there be the intention of clericating, i.e. the will of permanently devoting oneself to the clerical state.6

Notes near n. 1520, subject of the Sacrament of Order (printed p. 212).

3 I Cor. 14. 34. I Tim. 2. II. 12.

Notes near n. 1521, conditions for receiving Orders (printed p. 213).

1 Conc. Pl. Balt. II. a. 316. | 2 L. VI. 793. | 3 Ib. 801. | 4 S. Alph. de Priv. n. 115, 116. | 5 L. VI. 812. | 6 Ib. 969.

Notes near n. 1522, title of support for Subdeacon (printed p. 213).

1 L. VI. 969. | 2 Trid. Sess. 23. c. 5. Ref. | 3 Tr. XX. 33. | 4 Trid. Sess. 23. c. 11. 13. 17. Ref. | 5 L. VI. 801. | 6 Ib. 785. | 7 Instr. cit. n. 2. | 8 Ib. n. 3. | 9 Ib. n. 14.

n. ¶1522.

1522. - For one to be ordained Subdeacon there is required besides a title of honorable support,1 lest, namely, clerics constituted in Sacred Orders be compelled, either from begged subsidies or from sordid gain, to procure for themselves with dishonor to Sacred Order those things which are necessary for living. It is useful in this matter to hand down a synopsis of the Instruction which the Sacred Congregation de Propaganda Fide issued for Mission places on April 27, 1871.

1° "A twofold title is distinguished: namely the ecclesiastical and the patrimonial. This latter ... obtains when the one to be ordained is furnished with such goods, certain, stable, and fruitful, coming from elsewhere than from the Church, which in the judgment of the Bishop are judged to suffice for his fitting support."7 - "The ecclesiastical ... title is subdivided into the benefice-title and the title of poverty, to which certain other species, as it were subsidiary and extraordinary, must be added, namely the titles of the Common Table, and of Service of the Church, Mission, Sufficiency, and College."8 - The titles of Benefice, Service of the Church, Sufficiency, and College being passed over, since they do not occur among us, and the title of Patrimony already having been explained above, which can also be used among us,9 it remains that we treat of the title of Poverty, and of the Common Table, and also of the title of Mission.

2° "The title of Poverty ... is placed in religious profession, by force of which those who have emitted solemn vows in an approved Religion have all things in common, from the revenues of goods, if the Religion itself possesses any, or from the pious offerings of the faithful, of which they have need for sustaining life. But what they call the title of the Common Table touches those clerics who, dwelling after the manner of Religious in the discipline of common life, pronounce either no vows, or only simple vows, and accordingly are permitted to go out or to be dismissed from the religious house, and to return to the world. For the title of poverty does not pertain to them, as is gathered from the Constitution Romanus Pontifex of St. Pius V, on the day before the Ides of October, 1568. But of these clerics those only can be promoted to Sacred Orders under the title of the Common Table whose Congregations or Institutes have been enriched by the Apostolic See with a special privilege for this." Therefore religious of Orders in which solemn vows are emitted cannot, without a special indult, be promoted to Sacred Orders under the title of poverty so long as they are bound only by simple vows, according to the norm of the Decree of Pius IX (see n. 1187). This is clear also from the Response of the Sacred Congregation of Regulars, January 20, 1866, to the Archbishop of Mexico.

3° "The title of Mission ... is accustomed to be used ... for those who ... devote themselves to the service of Apostolic Missions ... in places ... in which the condition of things is such that the common law of the Church concerning those things which regard the title prerequired for Sacred Ordination cannot be observed to the letter. But those who have been ordained under a title of this kind obtain from the apostolic ministry in the Mission to which they have been assigned the things necessary for life."2 - In order that someone can be ordained under this title, there is required:

a) A special indult granted by the Holy See to the Ordinary (regularly either for a certain time, or for a fixed number of cases), the conscience of the same being strictly burdened, that it be used "only in favor of those who, by disposition and docility of soul, rectitude of intention, aptitude of mind, progress in sacred studies, integrity of morals, and contempt of worldly things, give hope that they will be strenuous heralds of the Gospel."1 - An indult of this kind was granted by the Supreme Pontiff to the several Bishops of these Provinces on January 24, 1868, for the term assigned to each of them for the exercise of the other faculties (p. LXX. sq.).2

b) An oath3 [p. LXXIII. note 2 and n. 374. 8°. See several declarations concerning its sense T. I. p. 473 (κ)]. To those emitting it, and likewise to those repeating it on the anniversary day, Pius VI, in an audience of May 7, 1775, granted a plenary indulgence, applicable to the departed, provided in both cases they have confessed and been refreshed by Holy Communion.4

4° Just as other titles, so also this one, of which there is question, can be lost according to canonical sanctions, and be taken away by Ordinaries, with the consent, however, of the Sacred Congregation, to which it belongs to release those so ordained from the bond of the oath offered.5 "But if, the title generally having been lost, or even the title of Mission, another is not substituted for it, the priest does not for that reason remain suspended; but Ordinaries are held to compel those ordained to the substitution of another title, just as provision has been made by the sacred Canons. This Sacred Congregation declared this in the general meetings of September 1, 1856."6

"Likewise regular priests who have pronounced solemn vows, and by Apostolic indulgence are permitted to live in the world, or who have issued simple vows and have departed from their Congregations or Institutes, lest they be compelled to beg with dishonor to their proper grade, are bound to provide for themselves concerning a canonical title; but in places of Missions they are bound at least to prove that means are at hand for them by which they may provide for their own support, as is fitting."7

"Those who have ascended to ecclesiastical Orders under the title of some certain Mission, when they have dismissed the office of Missionary, without doubt lose their title, and must provide themselves with another; but if they are deputed to the service of another Mission, in order that they may assume the title of this Mission, a new concession of the Holy See will be necessary; for neither does the faculty, if any has been obtained by the Ordinary of that Mission, of ordaining clerics under the mentioned title, suffice for them."8 See also Past.-Bl. für N. Amer.9

Notes near n. 1522, title of Mission and canonical title (printed p. 214).

1 Instr. cit. n. 4. | 2 Ib. n. 6. | 3 Instr. cit. n. 7. Conc. Pl. Balt. II. a. 89. | 4 Conc. Pl. Balt. II. a. 323. note 1. | 5 Instr. cit. n. 8. | 6 Ib. n. 15. | 7 Cf. nevertheless Conc. Pl. Balt. II. n. 90. | 8 Ib. n. 11. | 9 Instr. cit. n. 12.

n. ¶1523.

1523. Questions. - Quaer. 1° What knowledge is required in candidates to be promoted to Orders?

Resp. 1° Of those to be initiated to Minors, it is required that they at least understand the Latin speech; 2° of those to be initiated to Subdiaconate and Diaconate, it is required that they be learned in letters, and in those things which pertain to exercising the Order; 3° finally, of those to be initiated to Priesthood, it is required that they be found fit to teach the people those things which are necessary for salvation to all, and to minister the Sacraments. - Trent.3 But the end of the Council, which indicates the lowest limits of knowledge, is to keep the unlettered away from Orders, without its being prohibited to the Bishop to require from those to be ordained a richer knowledge, which deservedly is now required everywhere.4

Quaer. 2° What age is required for receiving Orders?

Resp. 1° For receiving Tonsure it is required that the one to be initiated possess the use of reason, namely that he be at least seven years old. - Trent.5 2° As regards Minors, no age is assigned in Canon Law. 3° Of Subdeacons is required the twenty-second year of age. 4° Of Deacons, the twenty-third. 5° Of Priests, the twenty-fifth. 6° But for the Episcopate the thirtieth year is required. It is gathered from Trent.6 But it suffices that the indicated year have been begun, with the exception, however, of the Episcopate and Tonsure.7 But dispensation as regards age is reserved to the Supreme Pontiff.8 For the faculties usually granted to our Bishops in this matter, see p. LXX. n. 3, and p. LXXII. n. 3.

Quaer. 3° At what time and place can Orders be conferred?

Resp. 1° Tonsure can be conferred on any day, hour, and place (even outside the proper diocese of the one ordaining). - Thus from the Roman Pontifical.

Resp. 2° Minors can be conferred anywhere, but in the proper diocese of the one ordaining,1 on single Sundays or double Feasts of precept, even suppressed,2 provided they are conferred in the morning. - See the Roman Pontifical. But this is to be understood of an ordination which is not general; since a general ordination must be made on those days on which Major Orders can be conferred, unless custom permits this on Wednesday or Friday before the general ordination.3

Resp. 3° Major Orders by law, and under grave obligation, are to be conferred during the celebration of Mass: 1° on the Saturday of each of the Four Times; 2° on the Saturday before Passion Sunday; 3° on Holy Saturday.3 But by dispensation obtained from the Pope (for the granting of which a faculty has been conceded to our Bishops. See p. LXX. n. 1), they can also be conferred outside the times, namely on other Sundays or Feasts of precept, even suppressed. - But whether with a dispensation of this kind Orders, whether Minors or Majors, can be conferred on doubles which are not, nor have been, of precept, is controverted. To St. Alphonsus the opinion denying is more probable,4 and the Sacred Congregation of the Council followed it in the Caesaraugustana, January 15, 1689.5

"But to the Bishops of the Federated Provinces," says Kenrick,6 "it is indulged that they confer Orders outside the times; wherefore it seems lawful for them to confer them on any day whatever, at the equal judgment of the Bishop." - But in what sense these words of the most illustrious Kenrick are to be understood is not sufficiently clear. If as interpretive of the privilege, as seems to be concluded from the context (see the cited place), we do not acquiesce in the opinion of the most learned man; for neither, according to St. Alphonsus, is any difference to be admitted between the privilege of conferring or receiving Orders on three feast days and the privilege of ordaining outside the times, as also seems to be clear from the Decree of Innocent XII dated December 14, 1693,8 and from several concessions which may be seen in the Bullarium of the Congregation de Propaganda Fide,9 and is clearly evident from the declaration in Caesaraugustana above. - But if Kenrick wished to testify only concerning the custom of the Federated States, we admit, with St. Alphonsus, that that custom can be legitimate.1 - The indult is to be read before the conferral of Sacred Orders. Pontifical.

Addendum and Corrigendum. - The opinion of St. Alphonsus concerning the sense of the indult for conferring Orders outside the times is confirmed by the Response of the Sacred Congregation of Rites of the same day, 18 May 1883, in the Marionopolitana. "Doubt II. Whether the faculty of conferring Sacred Orders outside the times, by force of art. 1, Form. I., generally granted to missionary Bishops, is limited, unless there is a very special indult, to those days alone on which by common law it is lawful to confer Minor Orders, namely feast days of precept, even those abrogated in favor of the faithful? Or whether it extends to all individual days of the year, or at least to all on which an Office of double rite is recited?" The Sacred Congregation responded: "Affirmatively to the first part: negatively to the second."

Note besides concerning the same privilege: a) outside the case of contrary custom or indult, Orders to be conferred must be on separated days. L. VI. 796; b) a Bishop cannot use the favor of another's subject unless he is fortified with an indult for this. (γ) p. 393.

It is not lawful without reasonable cause to perform general ordinations of Sacred Orders outside the Cathedral, or, in another place of the diocese, outside the more worthy church.

Quaer. 4° What is to be said about interstices?

Resp. 1° Between the Minors certain interstices are to be observed, unless something else seem more expedient to the Bishop. - Thus from Trent.3 - But the time is not determined. In many places by custom the four Minors are conferred on the same day.

Resp. 2° As regards Majors, this was established by Trent:4 between the last of the Minors received and Subdiaconate, one year must intervene, computed not mathematically, but ecclesiastically, e.g. from the Four Times of one year to the Four Times of the following year; unless necessity or the utility of the Church, in the judgment of the Bishop, demand otherwise. Say the same between Subdiaconate and Diaconate, unless for any reasonable cause whatever something else seem good to the Bishop. The same also is to be said between Diaconate and Presbyterate, unless the Bishop determine otherwise on account of the notable and certain utility of his own Church. But to our Bishops a fuller power as regards this is conceded. See p. LXX. n. 1.5

But he would sin gravely who on the same day, besides the four Minors, also received Subdiaconate, unless a contrary custom excuse, which is to be proved by the Bishop.6

Note. - Dispensation in the interstices can be given by the Bishop also to Regulars duly dismissed to him, but not to subjects of another diocese, to whom it must be conceded by their own Ordinary, mention of it having been made in the dimissorials. - Craisson, Manuale.1

Quaer. 5° Does a Cleric sin who, initiated in Minors, takes a wife?

Resp. Speaking in itself, it is certain that he does not sin gravely, indeed not even lightly, if he does this on account of a just cause, e.g. to end enmities, or temptations of the flesh, or to come to the aid of a poor woman, etc.; otherwise he will not be excused from venial sin.2 - I said: speaking in itself; for it is greatly to be feared, says St. Alphonsus, lest he be in a bad state who, certain of his vocation to the ecclesiastical state, withdraws from it in order to enjoy the world.

Quaer. 6° Is it required that the one to be ordained be confirmed?

Resp. Trent3 has these words: "Let those not be initiated with first tonsure who have not received the Sacrament of Confirmation." But it is disputed whether these words are of precept, or only of counsel: "Commonly," says St. Alphonsus,4 "they say that Confirmation is not required in one to be ordained under grave obligation, but is indeed required under light obligation; because, although the words of Trent rather indicate fittingness than precept, nevertheless he who acts contrary in this matter is not excused from at least a light disorder."

Quaer. 7° Does he sin who receives some Order without the intention of ascending to higher ones?

Resp. 1° He does not sin gravely, even if he receives Major Orders and does not intend to receive Priesthood. - Thus St. Alphonsus, who says that this is certain and common.5

Resp. 2° Nor probably does he in itself sin venially, because by no law is it prescribed to anyone that he ascend to higher Orders, unless someone accept a benefice requiring Priesthood or Sacred Order.6

See nevertheless what was said concerning those ordained under the title of Mission, n. 374. 8°.

Quaer. 8° Whether and 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?

Resp. The Theologians do not agree on this. 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. Finally others judge that omission of this kind at least is not mortal, since this is not certain concerning it, and indeed this opinion is probable to St. Alphonsus.1

As regards these prayers, this Declaration of the Sacred Congregation of Rites is had:2 "The words of the Roman Pontifical: The Nocturn of such a day, understand of the single Nocturn in the ferial office, or of the first of Sunday, as in the Psalter, that is, of twelve Psalms with their antiphons of the time, which the ordaining Bishop can designate, either of the very day on which he has the ordination, or of another, according to his judgment." - But when the Bishop expresses nothing other than what the words of the Pontifical relate, the Nocturn of the feria is to be said, which corresponds to that day on which the ordination was made.

Quaer. 9° Whether or how are newly ordained priests held to read the three Masses prescribed by the Bishop?

Resp. 1° They are not held to apply them according to the intention of the Bishop, and therefore can receive a stipend for them.3

Resp. 2° Probably the obligation to say them at least is not grave; nor are they to be said before non-impeded days arrive, since they must be votive Masses.4

Quaer. 10° What should newly ordained priests, celebrating with the Bishop, especially observe as regards the pronunciation of the form of Consecration?

Resp. 1° That, as far as can be done, they finish the form together with the Bishop; 2° that they have the intention of consecrating only when they have finished the form at the same time with the Bishop; 3° that in the Consecration of the Chalice they intend also not to consecrate, if perchance they did not consecrate the bread.5 Practically, on account of the easy disturbance of those to be ordained, it will be best that one of the assisting ministers form the intention of which under 2° and 3°, and that those to be ordained be forewarned simply to conform their own to this.

Quaer. 11° To what are priests held by force of the obedience which they promised to the Bishop in ordination?

Resp. Benedict XIV explains thus (in the Epistle Ea quo dilectus, January 14, 1747): "We acknowledge that a Presbyter, by the force of this promise, is bound by this law, among others, as a strict one, that he cannot depart from the service of the Church to which he has been assigned without the license of the Bishop." (34) p. 422.

Quaer. 12° Can priests, or even Pastors, embrace the religious state when the Bishop refuses?

Resp. See n. 1158.

Quaer. 13° Is absolution to be granted to a Cleric habituated in an occult shameful vice, who wishes to ascend to Sacred Orders, without a previous experiment of continence?

Resp. Negatively, even though he has been sincerely converted to the Lord, and therefore can be absolved at once. And so he will not be able to receive Sacred Order unless he has given some time to work at extirpating the depraved habit. But if he persist in wishing to receive Sacred Order, St. Alphonsus does not judge him disposed for absolution, because he violates the law of the Church in a grave matter. He excepts only the case in which God grants the penitent an extraordinary grace of compunction, which renders him so proved that he himself can at once receive Sacred Order without being proved by the experience of time. But even in this case, for one wishing to be ordained at once, it is more prudent that absolution be deferred, so that he may be more firmly proved by the experience of time, provided there is not reason to fear, from the delay, a proximate danger of infamy. The same concerning a drunkard.

Notes near n. 1523, knowledge, age, time, and place for Orders (printed p. 215).

1 Instr. cit. n. 13. | 2 16th year, p. 108. | 3 Sess. 23. c. 4 sq. Ref. | 4 L. VI. 792. Adv. 2. | 5 Sess. 23. c. 4. Ref. | 6 Ib. c. 12. Ref. | 7 L. VI. 799. | 8 Ib. 800. | 9 Ib. 798.

Notes near n. 1523, ordination days and the indult outside the times (printed p. 216).

1 L. VI. 798. | 2 S. R. C. 12 Nov. 1831 in Mars. 16 Mar. 1833 in Claremont, etc. | 3 L. VI. 794. | 4 Ib. 797. Dub. 4. de Priv. n. 116. | 5 Apud Lucidi, de visit. T. I. p. 180. | 6 Tr. XX. 34. | 7 De Priv. n. 116. | 8 Bull. Rom. Ed. Taur. T. XX. p. 587. § 5. | 9 App. 1. p. 175 and 305.

Notes near n. 1523, interstices and separated days for Orders (printed p. 217).

1 L. VI. 797. Dub. 4. | 2 Herdt, Pr. Pont. T. III. n. 355. | 3 Sess. 23. c. 11. Ref. | 4 Ib. c. 11. 13. 14. Ref. | 5 Ex. Ord. 44. L. VI. 795. | 6 L. VI. 796.

Notes near n. 1523, confirmation and intention for higher Orders (printed p. 218).

1 n. 2036, 2037. | 2 L. VI. 785. | 3 Sess. 23. c. 4. Ref. | 4 L. VI. 785. | 5 L. VI. 785. | 6 Ib. 785.

Notes near n. 1523, imposed prayers, Masses, and obedience after ordination (printed p. 218).

1 Ex. Ord. 91. | 2 11 Aug. 1860 in Granat. | 3 L. VI. 829. | 4 Ex. Ord. 91. S. R. C. 11 Apr. 1840 in Barchin. | 5 Ex. Ord. n. 232.

Merkelbach, Summa Theologiae Moralis

Vol. III, Special Moral Theology: On…, Treatise: On Order, Question Five: On the Subject of Order

n. ¶1.

S. Th., Suppl., q. 39, aa. 1-2, and q. 36.

n. 737.

737. The capable subject of the sacrament of Order is only a baptized male (can. 968), and, if he is an adult, one having at least the habitual intention of receiving Order.

n. 737.

Therefore the following is incapable:

n. 737.
  1. A woman, as is clear both from the Apostle teaching (I Cor. XIV, 34-35; I Tim. II, 11-13; Eph. V, 22, 24) that it is not permitted to a woman to speak in church, nor to teach, nor to have dominion over the man, but that she ought to learn in silence with all subjection; and from the practice and tradition of the Church. The reason is that in a woman the signification of the sacrament is lacking, as St. Thomas says, q. 39, a. 1: "since in the female sex no eminence of grade can be signified, because the woman has a state of subjection, therefore she cannot receive the sacrament of Order." St. Bonaventure adds, in IV, d. 25, that the mediator, Christ, whose embassy priests discharge, is a man, not a woman.
n. 737.
  1. One not baptized, because Baptism is the gate and foundation of the other sacraments, since with the baptismal character a man becomes capable of validly receiving those other sacred things.
n. 737.
  1. An adult who lacks an intention at least habitual, i.e., once had and not retracted, of receiving Order, as is clear from the general principles of sacramental theology (nn. 92-93).
n. 737.

Hence: a) Infants and the perpetually insane are validly ordained, but illicitly; nor are they held thereby by any obligation, unless, after sufficient use of reason has been attained, they make an option for the order received and thus ratify the order, as Benedict XIV says, instr. Eo quamvis, May 4, 1745, § 23.

n. 737.

b) The intoxicated and the sleeping are validly ordained, if they previously had an intention not retracted.

n. 737.

c) Those are invalidly ordained who, coerced by physical force, are altogether resisting.

n. 737.

d) Likewise one is invalidly ordained who approaches fictitiously, or who permits the rite to be done upon himself in the manner of one joking and playing.

n. 737.

e) One who, coerced by grave fear, consents, is validly ordained; but afterward, once the fear has been removed, he can either ratify the ordination at least by the exercise of Order, thus wishing to subject himself to the obligations, or, after obtaining the sentence of a judge, be reduced to the lay state without any obligations (can. 214, § 1).

n. 737.

f) Episcopae, presbyterae, deaconesses, of whom there is mention in the history of the primitive Church, did not receive sacramental ordination, but sometimes a merely ceremonial one.

n. 737.

g) A hermaphrodite, if there is such, is validly ordained provided the masculine sex predominates in him.

Sabetti-Barrett, Compendium of Moral Theology

Vol. II, Tr. XVII, Chapter IV. On the Subject of the Sacrament of Order

n. 834.

I say 1°. Only a baptized male validly receives sacred ordination ... (Can. 968, § 1, as below).

For women by divine institution are altogether incapable of any Order, both from Sacred Letters, especially I Timothy ii, 11 and 12; and I Corinthians xiv, 34; and from the perpetual practice of the Church and the unanimous consent of the Fathers and of all Doctors. It is required besides that the one to be ordained be baptized, because since Baptism is the gate of the Church, no sacrament can be validly received when it has not been received. Cf. St. Alphonsus, n. 781 and following.

I say 2°. § 1. Only a baptized male validly receives sacred ordination; but licitly, one who, according to the norm of the sacred canons, is endowed with the due qualities in the judgment of his proper Ordinary, and is held by no irregularity or other impediment.

§ 2. Those who are held by an irregularity or other impediment, although arising after ordination even without their own fault, are prohibited from exercising the orders received (Can. 968).

§ 1. That someone may licitly be ordained, there are required:

1°. Sacred confirmation received;

2°. Morals congruent with the order to be received;

3°. Canonical age;

4°. Due knowledge;

5°. Reception of the inferior orders;

6°. Observance of interstices;

7°. A canonical title, if there is question of major orders.

§ 2. As regards episcopal consecration, let the prescription of can. 331 be observed (Can. 974).

"A twofold vocation is customarily distinguished: one ordinary, which is made by God, or by God's institution, through the consent and cooperation of those men whom it concerns; in this way a Pastor is called from the consent of the Bishop, a Bishop from the consent of the Pontiff; the other extraordinary, which is made immediately by God; in this way Moses, the Prophets, and the Apostles were called." - Becanus, Controv. l. 1, c. 12, n. 4. "As regards their ordinary vocation (he is speaking about priests and bishops), almost the same things must be considered in it which are considered in the vocation of the Ministers of the Mosaic law: 1. Election or designation of a certain person. 2. Purification. 3. Consecration or Ordination. 4. Application to the use of the Ministry. Election is not made through natural propagation ... but through the vote and consent of the clergy, whose part it is to choose suitable persons for the Ecclesiastical Ministry. In this way ... the Bishop or his Vicar chooses Priests and Pastors for his diocese. Purification, if we precisely consider the divine law of the New Testament, is not necessarily external and ceremonial, as it was in the Mosaic law, but internal and spiritual; it consists especially in purity of soul, in probity of life, in doctrine of faith, and in other virtues which are required in the Ministers of the Church ... If we consider Ecclesiastical law, certain external purifications are required ... tonsure, etc. Consecration or Ordination must be made by a Bishop through imposition of hands. Mission is also made by the Ministers of the Church ... for example, subjects are assigned." Ibid., nn. 24 and following.

Who, therefore, are those whom the Ministers of the Church choose? "The things which you have heard from me through many witnesses, commend these to faithful men who will be suitable also to teach others." II Timothy ii, 2. Therefore suitability must especially be considered in candidates. This natural and supernatural suitability is always necessary; it surely includes right intention in the subject himself concerning the choosing of his state. God could make known to anyone by revelation the state to be chosen by him. But since he has not done this, it is incumbent upon each one, according to the rules approved by reason itself and by the Church, freely to choose a state. The ordinary manner has already been described in the election of the state of religious life. The one about to choose wishes to increase the glory of God in the better manner in which he can; he knows that of himself he can do nothing; he wishes to gain souls for Christ; God will give grace; no natural impediments are present, or at least none difficult to overcome; he has a good, pious, strong character, sufficient knowledge; meanwhile he prays to God, whom reason dictates to him he will please if he becomes a priest: "I shall become one," he says: "I shall choose this life." He chooses securely as far as is from himself; but the whole matter does not depend upon himself. He does not have a right to ordination, although he has every suitability: "Since no one ought to be ordained who, in the judgment of his Bishop, is not useful or necessary to his churches, the holy synod, adhering to the footsteps of the sixth canon of the Council of Chalcedon, has established that no one in the future be ordained who is not assigned to that Church or pious place for whose necessity or utility he is taken up, where he may perform his duties, nor wander with uncertain seats." Council of Trent, sess. 23, c. 16. The priesthood pertains to the Ministry of the New Law; vocation to it pertains to those whom it concerns, that is, Bishops. It is theirs to choose suitable men, namely those who possess all the gifts of nature and grace by which they give hope that they will work with fruit in the vineyard of the Lord. These, when fitting studies have been finished, hear these words in ordination: "Until now you are free; it is lawful for you, according to your judgment, to pass over to secular vows. If it pleases you to persevere in the holy purpose, in the name of the Lord approach hither." Therefore vocation to the priesthood is election by God, through the Bishop, to priestly work. Thus the Catechism of Pius X: "Can each one enter Orders according to his own judgment? No one can enter Orders according to his own judgment, but he must be called by God through his own Bishop, that is, he must have the vocation with the virtues and with the aptitudes for the sacred ministry required by them." Catechismo, P. III, n. 403.

Behold the letter of Cardinal Merry del Val handing down the judgment of the Commission of Cardinals given 20 June 1912: "That the work of the distinguished man, Canon Joseph Lahitton, whose title is La Vocation Sacerdotale, is in no way to be reproved; indeed, insofar as it asserts: 1°. That no one ever has a right to ordination antecedently to the free election of the Bishop; 2°. That the condition which must be attended to on the part of the one to be ordained, and which is called priestly vocation, by no means consists, at least necessarily and by ordinary law, in some internal aspiration of the subject, or invitations of the Holy Spirit toward entering the priesthood; 3°. But on the contrary, that nothing more is required in the one to be ordained, so that he may rightly be called by the Bishop, than a right intention together with suitability placed in those gifts of grace and nature, and proved through probity of life and sufficiency of doctrine, which make founded hope that he will be able rightly to fulfill the duties of the priesthood and holy to observe its obligations: is to be excellently praised." Acta Apost. Sedis: v. 4, p. 485. 2 July 1912.

This is the notion of priestly vocation properly so called; and it must altogether be distinguished from the rather usual notion of vocation accepted in a broader sense, of which a brilliant example is had in the same fascicle of the same Commentary, A. A. S. v. 4, p. 493, in the Circular Letters of the S. C. Consistorial concerning the Seminaries of Italy; various ordinances are given, among which is found also this one, n. 2: "Besides, the promiscuous mixing of students who are not called and of others who are called to the Ecclesiastical state always turns out fatal to these latter, and according to what experience has already demonstrated, causes the ruin of many vocations." Again by the S. Congregation of Bishops and Regulars concerning the same Seminaries, it is commended to the Rector at art. 30 that he watch over the sincerity and evolution of the priestly vocation of the students (18 January 1908), and at art. 86. - Cf. Leo XIII, 8 Sept. 1899. Pius IX, Cum Romani, 28 June 1853. Gregory XIII, Quoniam divinae, speaks about young men from England "who, led by the divine Spirit, will offer themselves," etc. 9 January 1580, and very many other places. - Cf. Lahitton, La Vocation Sacerdotale.

I say 3°. For licitly receiving the Subdiaconate there is required besides a title of honest support. But if after the Subdiaconate has been received the title perishes, one cannot ascend to a superior Order without a new title. It is established from the Council of Trent, sess. 21, ch. 2, on Reform. - Cf. Second Plenary Council of Baltimore, n. 323.

I say 4°. § 1. Let no one from among seculars be ordained who in the judgment of his proper Bishop is not necessary or useful to the churches of the diocese.

§ 2. Nevertheless a Bishop is not prohibited from promoting his own subject, who in the future, after previous legitimate excardination and incardination, is destined for the service of another diocese (Can. 969).

The clear reason of the prohibition is in this, lest those enrolled in the divine ministry beg, to the disgrace of the Order, or exercise some sordid gain: Council of Trent, sess. 21, c. 2; or lest being idle they entangle themselves in a secular manner of living and in worldly affairs. S. C. de Propaganda Fide, August 1827.

n. 835.

Questions

Question 1. How many kinds of title of honest support are distinguished?

Resp. § 1. For secular clerics the canonical title is the title of benefice; and this being lacking, of patrimony or of pension.

§ 2. This title must be both truly secure for the whole life of the ordained and truly sufficient for his fitting support, according to norms to be given by Ordinaries for the diverse necessities and circumstances of places and times (Can. 979).

§ 1. If not even one of the titles concerning which in can. 979, § 1, is at hand, it can be supplied by the title of service of the diocese, and, in places subject to the Sacred Congregation de Propaganda Fide, by the title of mission, yet in such a way that the one to be ordained, with an oath interposed, devotes himself perpetually to the service of the diocese or mission, under the authority of the Ordinary of the place for the time being.

§ 2. The Ordinary must confer upon the presbyter whom he has promoted by the title of service of the church or of mission a benefice or office or subsidy sufficient for his fitting support (Can. 981).

§ 1. For regulars the canonical title is solemn religious profession, or the title, as it is called, of poverty.

§ 2. For religious of perpetual simple vows it is the title of common table, of the Congregation, or of another similar thing, according to the norm of the constitutions.

§ 3. Other religious, also as regards the title of ordination, are governed by the law of seculars (Can. 982).

n. 835, Q. 2.

Question 2. At what stage of studies are Orders licitly conferred?

Resp. § 1. No one, whether secular or religious, is to be promoted to first tonsure before the theological course has been begun.

§ 2. The prescription of can. 975 standing firm, the subdiaconate is not to be conferred except at the end of the third year of the theological course; the diaconate, except after the fourth year has begun; the presbyterate, except after the midpoint of the same fourth year.

§ 3. The theological course must have been completed not privately, but in schools instituted for this according to the plan of studies determined by can. 1365 (Can. 976).

The cited canon reads thus: § 1. Let students apply themselves to rational philosophy with related disciplines for at least a full biennium. § 2. The theological course is to be contained within at least a full quadriennium, and, besides dogmatic and moral theology, must especially include the study of Sacred Scripture, ecclesiastical history, canon law, liturgy, sacred eloquence, and ecclesiastical chant. § 3. Let there also be lessons on pastoral theology, with practical exercises added, especially concerning the manner of handing on the catechism to children or others, of hearing confessions, of visiting the sick, and of assisting the dying.

n. 835, Q. 3.

Question 3. What age is required for receiving Orders?

Resp. The subdiaconate is not to be conferred before the twenty-first year has been completed; the diaconate before the twenty-second has been completed; the presbyterate before the twenty-fourth has been completed (Can. 975).

A year is not assigned for receiving tonsure and minors, but the time is sufficiently clearly determined, as is clear from canon 976, § 1.

n. 835, Q. 4.

Question 4. At what time can Orders be conferred?

Resp. It must be distinguished thus:

§ 1. Episcopal consecration must be conferred within the solemnities of Masses, on a Sunday or on the birthday of the Apostles.

§ 2. Ordinations in sacred orders are to be celebrated within the solemnities of Masses on the Saturdays of the Ember Days, on the Saturday before Passion Sunday, and on Holy Saturday.

§ 3. Yet when a grave cause intervenes, the Bishop can have them also on any Sunday or feast of precept.

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

§ 5. A custom contrary to the times of ordinations prescribed in the preceding paragraphs is reproved; and these are to be observed also when a Bishop of the Latin rite ordains, from apostolic indult, a cleric of an eastern rite, or the contrary (Can. 1006).

As often as an ordination is to be repeated or some rite supplied, whether absolutely or under condition, this can be done even outside the times and secretly (Can. 1007).

n. 835, Q. 5.

Question 5. What interstices are to be observed between the individual Orders?

Resp. § 1. In ordinations let the intervals of times be observed in which those promoted may exercise themselves in the orders received, according to the prescription of the Bishop.

§ 2. The interstices between first tonsure and the ostiariate, or between the individual minor orders, are committed to the prudent judgment of the Bishop; but an acolyte is not to be promoted to the subdiaconate, nor a subdeacon to the diaconate, nor a deacon to the presbyterate before the acolyte has spent at least one year, and the subdeacon and deacon each at least three months, in his own order, unless the necessity or utility of the Church, in the judgment of the Bishop, demands otherwise.

§ 3. Never, however, unless by peculiar permission of the Roman Pontiff, are minor orders with the subdiaconate, or two sacred orders, to be conferred on one and the same day, any contrary custom being reproved; indeed, neither is it lawful to confer first tonsure together with any one of the minor orders, nor all the minor orders together at once (Can. 978).

n. 835, Q. 6.

Question 6. Whether a cleric sins who, initiated in minors, marries?

Resp. Speaking of itself, it is certain that he does not sin gravely, indeed not even lightly if he does this for a just cause, for example, for quieting enmities or temptations of the flesh, for assisting a poor woman, etc. - Cf. Can. 132, § 2; 973, § 2.

n. 835, Q. 7.

Question 7. Whether it is required that the one to be ordained be confirmed?

Resp. Affirmatively, as is established from can. 974, § 1, 1; 993, 1.

n. 835, Q. 8.

Question 8. Whether he sins who receives some order without the intention of ascending to higher orders?

Resp. He sins gravely, for it is prohibited to a Bishop to ordain such a one, nor is it the mind of the Church that he be ordained.

§ 1. First tonsure and orders are to be conferred only upon those who have the purpose of ascending to the presbyterate, and whom it is deservedly lawful to conjecture will sometime be worthy presbyters.

§ 2. Nevertheless, one ordained who refuses to receive higher orders can neither be compelled by the Bishop to receive them, nor be prohibited from the exercise of the orders received, unless he is held by a canonical impediment or some other grave cause, in the judgment of the Bishop, stands in the way.

§ 3. Let the Bishop confer sacred orders on no one unless from positive arguments he is morally certain concerning his canonical suitability; otherwise he not only sins most gravely, but also commits himself to the danger of communicating in the sins of others (Can. 973).

n. 835, Q. 9.

Question 9. Whether, or how, does an ordained man sin who omits the recitation of the prayers which after ordination are imposed by the Bishop in the manner of penance?

Resp. Theologians do not agree about this: 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; and still others reckon that an omission of this sort indeed is not free of fault, but does not exceed venial fault. This last opinion seems more probable. - Cf. St. Alphonsus, n. 829.

As regards these prayers, the S. C. of Rites has this, 27 June 1899: "By the Nocturn of such a day is to be understood the ferial nocturn, or the first of the Feast, or of the Sunday in the psalter, according as the Ordination was held on a feria, feast, or Sunday." Nor is it required that to this Nocturn the psalm Venite, exsultemus, the hymn, and the lessons be added, but the psalms with the respective antiphons pertaining to such a Nocturn suffice. S. C. R., 10 July 1903.

n. 835, Q. 10.

Question 10. Whether, or how, are new priests held to read the three Masses prescribed by the Bishop?

Resp. They are not held to apply them to the intention of the Bishop, and consequently they can accept a stipend for them. Nor does a grave obligation of celebrating those Masses appear; nor must they be said before non-impeded days arrive, since the Masses must be votive. - Cf. St. Alphonsus, n. 829.

n. 835, Q. 11.

Question 11. To what are priests held by force of the obedience which they promise to the Bishop in ordination?

Resp. Benedict XIV explains this obligation thus: "We acknowledge that by force of a promise of this sort the presbyter is held bound by this law among others, that he cannot depart from the service of the church to which he has been assigned without the permission of the Bishop." - This nevertheless cannot and ought not impede priests, even if they have care of souls, from being able to embrace the religious state, as something more perfect, even when the Bishop refuses, as is established from the Declarations of the same Benedict XIV. - The Baltimore Fathers in the Second Plenary Council agree; after they had established and declared that any priest who was ordained among us or duly coopted is bound to remain in the diocese for which he was ordained or coopted, they add: "Moreover by these statutes we do not wish to prevent those things from having to be observed which Benedict XIV lucidly teaches concerning priests who wish to pass over to some religious Order." - Except, nevertheless, those priests who, having been ordained under the title of the American Mission, promised by oath that they would enter no Religion, Society, or regular Congregation without special permission of the Apostolic See. Nor should you object that this oath is invalid as being opposed to a better good; for answer is made by the words of the Instruction of the S. Congregation de Propaganda Fide, n. 10: "It is necessary that the public good excel the private, namely by that reason by which it has been granted to some Orders that it is not lawful for their religious to pass over to a stricter one without the permission of their superiors." - Cf. Third Plenary Council of Baltimore, Appendix, pp. 204 and following. - Cf. altogether Can. 542, n. 1, 2.

n. 835, Q. 12.

Question 12. What is established concerning the examination previous to ordination to be undergone?

Resp. § 1. Every one to be promoted, whether secular or religious, must undergo a previous and diligent examination concerning the very order to be received.

§ 2. But those to be promoted to sacred orders are to make trial in other treatises also of sacred theology.

§ 3. It belongs to the Bishops to establish by what method, before which examiners, and in which treatises of sacred theology those to be promoted must make trial (Can. 996).

§ 1. This examination, whether for secular clerics or for religious, is received by the Ordinary of the place who ordains by his own right or gives dimissorial letters; who nevertheless can also, from a just cause, commit it to the Bishop about to ordain, who is willing to take up that burden.

§ 2. The Bishop ordaining another's subject, whether secular or religious, with legitimate dimissorial letters by which it is asserted that the candidate was examined according to the norm of § 1 and found suitable, can acquiesce in this attestation, but is not held to do so; and if according to his conscience he judges that the candidate is not suitable, let him not promote him (Can. 997).1

1 Cf. Addenda, p. 1090, n. 16.

Concina, Compendium

Chapter VI — Bishops ought to examine those to be initiated into sacred Orders above all upon their knowledge of the Gospels · Diss. I, Chapter V — On the minister and subject of the sacrament of Order, and its effects

Chapter VI — Bishops ought to examine those to be initiated into sacred Orders above all upon their knowledge of the Gospels

n. I.

I. One of the chief offices of Priests is the study of the holy Scriptures, as the divine Scripture itself declares in 2 Paralipomenon, chapter 19: And in Jerusalem also Josaphat appointed Levites, and Priests... and he charged them, saying... Every question that shall come to you concerning the law, concerning the commandment, concerning ceremonies, concerning justifications: shew it them, that they sin not against the Lord. The Church has established that Clerics are not to be admitted to sacred Orders unless they have a title, or a patrimony, whence they can live. To what end this? That, freed from the business of the world, they may be able to devote themselves more intently to the study of divine Scripture and to sacred things, as in the place cited, chapter 31, the divine Scripture itself prescribes: He commanded also the people that dwelt in Jerusalem, to give to the Priests, and the Levites their portion, that they might be able to attend to the law of the Lord.

n. II.

II. What more? Before Bishops promote Clerics to the Priesthood, they pronounce this prayer, and beseech God, that meditating on thy law day and night, they may believe what they shall read, and teach what they shall believe. All craftsmen are examined upon the rules of their own art. The profession of Priests has annexed to it the study of holy Scripture: therefore trial must be made whether they are versed in this study. For how can they meditate the holy Scriptures day and night, if they are ignorant of them? In this our age Priests are more urgently bound to the study of the divine Scriptures: since, vernacular versions being forbidden to the Laity, it belongs to the Priests to explain the divine Scriptures to the people. For at the same time at which the Church took away vernacular readings from the unlettered, she decreed that Priests should devote their labor more intently to the holy Scriptures, that they might be the more apt for interpreting and expounding them.

n. III.

III. Some Priests, when they must undergo the examination for hearing confessions, turn over and over the immense volumes of Diana, Bonacina, Tamburini, La Croix, and the Salmanticenses; they strive to commit to memory a medley of cases, distinctions, and disputations. With the whole searching of their mind they scrutinize the recent and the ancient Medullae, the Alphabets, the Promptuaries, the examinations of ordinands. What then? Will you disapprove their study? I do not disapprove it. But I say that Priests, and Pastors and directors of souls, ought first to be versed in the divine Scriptures, to meditate them, and to commit them more deeply to their mind. Grant me this: is not the life of Christians to be instituted and formed according to the norm of the divine Law? If those laws are unknown, how is the life of Christians to be recalled to their rule?

n. IV.

IV. The aforesaid Casuists, you will say, interpret the holy Law and the divine Scriptures. Is it indeed so? Scarcely does any divine text recur in their pages; and if some sacred testimonies are at times alleged, they are not rarely eluded by petty distinctions, by arbitrary interpretations, and by opinions more benign than is just. Now if the Priests themselves do not have an ascertained knowledge of the precepts and rules of the evangelical Law, by what way can they discover whether the aforesaid authors interpret them rightly or otherwise? Books of that kind, you rejoin, are approved. True enough. Are they on that account free from errors? From approved books have been culled the condemned theses. What of the fact that the Church herself has decreed that a doctrine is not therefore true and approved because it belongs to some approved author? Greatly are the Pastors of souls deceived if they believe that they can be excused by the authority of this or that Casuist, when they teach doctrines contrary to the divine Scriptures. Or are the Priests ignorant that Christ the Lord, the supreme Judge, will judge souls not at the tribunal of the Casuists, but at that of the Gospels?

n. V.

V. It is not for all, you will rejoin, to interpret the Gospels. And further: must Parish priests, Confessors, and Theologians learn the Gospels by heart? There is no need that they commit all things to memory; but it is enough that they have the spirit of the Law and its commandments thoroughly examined, and, when difficulties occur, that they consult the sacred books and employ the graver interpreters, and first of all the holy Fathers of the Church. Parish priests and Confessors turn over the thick and immense volumes of Diana, Bonacina, Tamburini, Laymann, La Croix, the Salmanticenses, and Castropalao; with prodigious labor they commit to memory controversies, wranglings, distinctions, subdistinctions, definitions, divisions. Assuredly the divine precepts which are contained in the holy book of the new Testament, of Proverbs, of Wisdom, of Ecclesiasticus, are more easily learned than the interminable disputations of the said volumes. What of the fact that the quarrelsome disputations of these men are not rarely entangled, obscure, full of circumlocutions, hedged about with entanglements and cavils, which often excite anything rather than the fervor of divine love and the zeal of evangelical perfection? On the contrary, the evangelical precepts are splendid, perspicuous, easy; and they teach how to live rightly, not how to wrangle futilely. To this is added that God infuses the light for understanding the holy Scriptures into those who approach the meditation of them with a humble and docile heart. Those divine teachings of Proverbs and of Ecclesiasticus, the evangelical parables, and the epistles of Paul and of the other Apostles, and the single verses of holy Scripture, illuminate more than the innumerable disputations of men. Priests imbued with this knowledge of the holy Scriptures can also read the moral Theologians; because then they are excellently able to discern whether the opinions and judgments of these men are conformed to the evangelical doctrine.

n. VI.

VI. What? Do you dare to disapprove the custom, introduced so many years since, of examining Confessors and Parish priests upon the opinions which the Casuists dispute on both sides? Far be it from me to wish to disapprove customs which are good. With humble deference only do I suggest what seems to me best, and indeed necessary. But this very counsel of mine I submit to the judgment of Superiors and of the Wise. If, the usage which now obtains being abandoned, a new custom had to be introduced, a prodigious labor would have to be undergone, and great disturbance and confusion would ensue. All this is false. Does the reading and meditation of the holy Scriptures beget confusion? Nay rather, it takes away quarrels and intestine disagreements, and in place of disputations introduces the observance of the laws. But, to press the argument more strongly, I ask again: is the study of the Scriptures necessary for Priests, Pastors, and Directors of souls, or not? If you deny it, you gainsay the divine Scriptures. If you affirm it: then the custom must be corrected, and the competence of Pastors and Confessors must be explored in the holy Scriptures as well. The mere knowledge that this examination must be undergone would urge all who desire either to be initiated into the Priesthood, or to undertake the care of souls, or the burden of hearing confessions, to bend all their powers to the study of the Scriptures. Who would deny that Priests would turn out wiser and better-mannered if they spent the good part of that time which they wear away in reading and thoroughly learning the books of Diana, Bonacina, Tamburini, La Croix, and the Salmanticenses, in meditating the holy books? And if, in place of the Medullae, whether ancient or recent, they continually turned the pages of the Pauline epistles?

n. VII.

VII. And in what manner, you ask, ought this examination to be conducted? With the highest moderation and prudence. Let Clerics be asked how many are the books of the old Testament, how many of the new covenant, how many the epistles of Paul; some upon some parable of the Gospel, others upon the epistle to Timothy. Priests ought to be asked what is the spirit of the evangelical Law; what is the image of the Christian life; whether Christians are pressed by a precept of yearning after evangelical perfection; what these words signify: Be you therefore perfect, as also your heavenly Father is perfect; what these others: If thy eye... if thy hand scandalize thee, pluck it out, cut it off, etc.; He that doth not renounce all that he possesseth, cannot be my disciple; Lend, hoping for nothing thereby; It is easier for a camel to pass through the eye of a needle, than for a rich man to enter into the kingdom of heaven. Let them be asked how Saints Augustine and Chrysostom and the other Fathers interpret the testimonies praised and others like them: for these are the masters and the true interpreters of the Scriptures.

n. VIII.

VIII. As to those things which regard ecclesiastical institutions, the Catechism of Trent, or the Roman Catechism, must be read; and upon it and upon the Council of Trent they must be examined more severely. When they have been instructed in such doctrine, they can also read the moral authors, especially concerning the ecclesiastical precepts and the other things which regard ceremonies and discipline.

n. ¶1.

Corollary

To thee now, Christ Jesus, I turn my humble prayer. Fearful and confounded, I look up at thy most tremendous vengeance upon the sons of men. Trembling, I shudder at the spirit of slumber and of blindness, seized by which men walk the way of perdition; for I know this to be the most deadly of all punishments, which so many ages ago the Prophet Amos foretold in chapter 8: Behold the days come, saith the Lord, and I will send forth a famine into the land: not a famine of bread, nor a thirst of water, but of hearing the word of the Lord... They shall go about seeking the word of the Lord, and shall not find it. To such a pass of evils has the matter now come, that many neither seek nor find thy word, O Lord. They seek the word of men in the books of men; but they do not seek the word of God in the books of God. If Princes, Kings, Emperors were to write to us, and that in a familiar style; if they were to propose rewards; if they were to invite us to their royal palaces, to their thrones, there to reign with them — with what diligence, with what attention would such letters be read by us! And thy divine Scriptures, which are letters sent to us, and delivered to us — above all to us Priests — to be guarded, read, and explained, we neglect, we treat with disgust; nay, casting them aside, we delight in the acorns and refuse of men? The blindness is darker, and the punishment more deadly, than can be expressed by me in fitting speech. Awake, I beseech you, Priests of God, Pastors and Directors of souls, and in the spirit of contrition and humility seek the word of God in the books of God.

Diss. I, Chapter V — On the minister and subject of the sacrament of Order, and its effects

n. I.

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.

n. II.

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.

n. III.

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.

n. IV.

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.

n. V.

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.

n. VI.

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.

n. VII.

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.

n. VIII.

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.

n. IX.

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.

n. X.

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.

n. XI.

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.

n. XII.

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.

n. XIII.

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.

n. XIV.

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.

n. XV.

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.

n. XVI.

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.

The Casuist

Vol. II, Case LVI: Admission to Holy Orders

n. ¶1.

Placidus, spiritual director and confessor in a clerical seminary, became uneasy in mind at ordination time every year, as he does not know exactly whether or not he should admit certain doubtful candidates to Holy Orders; all the more he is embarrassed as there prevails in the diocese a great lack of priests. Recent moralists, like BERARDI, appear to favor leniency; earlier ones, however, demand that doubtful candidates be rejected. The question is: What rule is to be followed in this regard?

n. ¶2.

Answer.—Doubtful may be considered in general all those candidates who have not discarded serious sinful habits, but have merely promised amendment. Of such habits may be mentioned especially ebrietas and mollities.

n. ¶3.

The longer a candidate remains under the circumspect guidance of a spiritual director, the better judgment can the latter form of the penitent’s temperament: the formation of this judgment is particularly easy after an alumnus has spent three or four years in the seminary. He, who in the first years of his sojourn in the sanctuary of the Lord, far from the distracting clamor of the world and close to the source of grace, shows no signs of earnest purpose of amendment, of him can lasting amendment neither be expected after ordination; for he who honestly and sincerely makes use of the means of grace at his disposal, will assuredly become master of his passions before ordination. But he who employs them only indifferently, can not without presumption expect miraculous conversion from the Holy Sacrifice and the Holy Office. Grace and good will are the chief factors in the process of perfection. Where honest good will is wanting, there exterior graces avail little and only periodically.

n. ¶4.

An opinion is more difficult if the candidate came to the seminary from a life in the world, and within the space of a year must finally declare himself for the priesthood. In this case the terms “rarius, bonae frugis, probitas” are for the director the criterion.

n. ¶5.

(a) Rarius. Relapse into sin must not only become rarer, but very rare indeed, for St. Paul writes to his disciple Timothy, II, 22: “Impose hands hastily on no man, neither become a participant in the sins of others.” The Council of Trent, sess. 23, cap. 14, charges the bishops: “Let the bishops know that only the worthy, whose mature age is one of approved life, ought to be assumed into these orders,” and St. THOMAS teaches that for the candidates for ordination goodness of just any kind does not suffice, but excellent goodness is required. For this reason P. Marc (p. 411) draws the conclusion:“Hence the Apostle (II Tim. III, 6) forbids neophytes to be ordained, that is, as the same Angelic Doctor explains, those who are neophytes not only in age but also those who are neophytes in perfection.”

n. ¶6.

God, in His wise providence, gives as a rule moral virtue not without effort and struggle on the part of the recipient, and this effort will be all the harder, and the struggle all the more violent, the more the opposite vice has taken possession of the sensual nature, and the deeper roots it has struck in the heart.

n. ¶7.

Like a river that has overflowed its banks, and lays waste the fields. and meadows, can not be turned back into its bed by an easy turn of the hand, neither can the stream of passion, especially when it is a question of occasio in esse, securely be dammed merely by a simple act of will, and generally even after a sincere return to God some relapses are not unlikely, until virtue gradually has been fortified. Naturally, inconstancy, neglect in co-operating with grace, and inexperience in employing the means of grace, are the causes of such relapses.

n. ¶8.

(b) Bonae frugis. The candidate must show that he has labored at the amendment of his life with fruit and profit, and that thus, in his new state in life, he gives promise of being useful to himself and others. He, who is himself not in the state of grace, who discharges the sacred functions therefore sacrilegiously, certainly will never contribute to the welfare of the Church, nor be a blessing to the souls entrusted to him. The Church does not of course demand that her clergy must have been previously perfect, and for admission to the cloister, as well as to the seminary, the principle of St. BERNARD applies: “We receive all into monasteries in the hope of improvement,” but she demands to see in her prospective ministers visible progress in virtuous endeavor, and this all the more pronounced the nearer they approach the altar. Hence BENEDICT XIV, in his Bull Ubi primum, addresses the bishops thus: “With earnest and great diligence applied, we must investigate whether the manner of life and progress in sacred learning of those who have received the ministries of the preceding Orders have been such that they are truly to be judged worthy to whom it may be said, ‘Go up higher’; since otherwise it is expedient for some rather to remain in a lower grade than to be promoted to a higher one with greater danger to themselves and scandal to others.”

n. ¶9.

The Council of Trent expresses itself even more plainly (Sess. 23, cap. II) on individual ordinations, demanding from those in minor orders: “Let clerics so ascend from grade to grade that, together with age, merit of life and greater learning increase in them; this will be proved especially by the example of good morals, assiduous ministry in the church, greater reverence toward priests and the higher orders, and more frequent Communion of the Body of Christ than before”; of deacons and sub-deacons it expects (cap. 13): “Subdeacons and deacons are to be ordained who have good testimony and have already been proved in minor Orders, and who hope, with God as author, that they can remain continent,” and of priests (cap. 14): “Those who have conducted themselves piously and faithfully in the ministries previously exercised and are assumed into the order of the Presbyterate are to have good testimony... and to be so conspicuous in piety and chaste morals that an eminent example of good works and admonitions for life may be expected from them.”

n. ¶10.

(c) Probitas. Mere outward integrity and freedom from conspicuous exterior faults do not suffice; a life of probity is demanded, probata vita, as the Council of Trent says, alluding to the words of St. Paul: “Deacons likewise chaste; and let these first be proved, and thus let them minister, having no crime.” Hence St. ALPHONSUS requires of candidates for the priesthood probitatem habitualem, and St. BERNARD demands: “But for the clergy it is necessary to choose men who have been proved, not men who are to be proved.”

n. ¶11.

Although in regard to renunciation of temporal goods and submission of the will lesser claims are made upon secular priests than upon regulars, yet in puncto puncti, being in constant intercourse with the world, and having fewer means of grace, they are exposed to greater danger and in this they must be fortiores. Hence St. ALPHONSUS, and after him Scavini, require of an ordinandus a perfect abstemiousness of three months. Cardinal Goussey says: If a candidate has fallen once or twice, more from frailty than from design, and is much affected by his fall, then according to our opinion six months’ probation are enough; generally, however, a year should be required, especially if the fall was of design. Other moralists, as Bertin, Bouvier, Leon. A Porto Maur., are still more exacting.

n. ¶12.

It should not be inferred from these opinions that the probitas ordinandorum is to be determined according to mathematical forms, by days and months, for the human heart is not a machine. One who has been on probation for a long while may again relapse, and a recently converted Paulus may hold his ground. We must never forget that even a promising servant of God may fall if he do not - combine continual vigilance with prayer and work, and that for us all the words are applicable: he that standeth, let him take heed lest he fall. For a forceful, energetic character there may suffice a considerably shorter probation than for an indolent weakling, one who seeks the security and shelter of the sanctuary rather than the glory of God and the Church’s welfare.

n. ¶13.

The apparently severe opinions of saintly teachers and theologians merely indicate that, in the all-important matter of election to the priesthood, probability is not sufficient, and by no means should a mercenarius be given admission to the sanctuary just to remedy a lack of priests; a doubtful candidate should be rejected rather than approved; for there is no greater harm for the Church of God, no greater curse for the people, than unworthy, undutiful priests. Nor is there a more certain road to misery, in this and the other life, than the priestly state for those without vocation.

n. ¶14.

P. Agnellus, O. M. Cap.