CanonLaw.Ninja

A resource for both professional and armchair canonists.

Also including the GIRM, GILH, CCC, CCEO, DC, SST, ESI, USCCB Norms, and Vos estis.

Search

  • Section Numbers
  • Text Search    

  • Documents
  •  

   

Document

The Sanctifying Function of the Church » The Sacraments » Orders
Canon 1008. By divine institution, some of the Christian faithful are marked with an indelible character and constituted as sacred ministers by the sacrament of holy orders. They are thus consecrated and deputed so that, each according to his own grade, they may serve the People of God by a new and specific title.
[revised wording according to m.p. Omnium in mentem, 26.X.2009]
Canon 1009. §1 The orders are the episcopate, the priesthood and the diaconate.

§2 They are conferred by the imposition of hands and the prayer of consecration which the liturgical books prescribe for each grade.

§3 Those who are constituted in the order of the episcopate or the presbyterate receive the mission and capacity to act in the person of Christ the Head, whereas deacons are empowered to serve the People of God in the ministries of the liturgy, the word and charity.
[new paragraph added by m.p. Omnium in mentem, 26.X.2009]
The Sanctifying Function of the Church » The Sacraments » Orders » The celebration and minister of ordination
Canon 1010. An ordination is to be celebrated during Mass, on a Sunday or holyday of obligation. For pastoral reasons, however, it may take place on other days also, even on ferial days.
Canon 1011. §1 An ordination is normally to be celebrated in the cathedral church. For pastoral reasons, however, it may be celebrated in another church or oratory.

§2 Clerics and other members of Christ’s faithful are to be invited to attend an ordination, so that the greatest possible number may be present at the celebration.
Canon 1012. The minister of sacred ordination is a consecrated Bishop.
Canon 1013. No Bishop is permitted to consecrate anyone as Bishop, unless it is first established that a pontifical mandate has been issued.
Canon 1014. Unless a dispensation has been granted by the Apostolic See, the principal consecrating Bishop at an episcopal consecration is to have at least two other consecrating Bishops with him. It is, however, entirely appropriate that all the
Bishops present should join with these in consecrating the Bishop-elect.
Canon 1015. §1 Each candidate is to be ordained to the priesthood or to the diaconate by his proper Bishop, or with lawful dimissorial letters granted by that Bishop.

§2 If not impeded from doing so by a just reason, a Bishop is himself to ordain his own subjects. He may not, however, without an apostolic indult lawfully ordain a subject of an oriental rite.

§3 Anyone who is entitled to give dimissorial letters for the reception of orders may also himself confer these orders, if he is a Bishop.
Canon 1016. In what concerns the ordination to the diaconate of those who intend to enrol themselves in the secular clergy, the proper Bishop is the Bishop of the diocese in which the aspirant has a domicile, or the Bishop of the diocese to which he intends to devote himself. In what concerns the priestly ordination of the secular clergy, it is the Bishop of the diocese in which the aspirant was incardinated by the diaconate.
Canon 1017. A Bishop may not confer orders outside his own jurisdiction except with the permission of the diocesan Bishop.
Canon 1018. §1 The following can give dimissorial letters for the secular clergy:

1° the proper Bishop mentioned in can. 1016;

2° the apostolic Administrator; with the consent of the college of consultors, the diocesan Administrator; with the consent of the council mentioned in can. 495 §2, the Pro-vicar and Pro-prefect apostolic.

§2 The diocesan Administrator, the Pro-vicar and Pro-prefect apostolic are not to give dimissorial letters to those to whom admission to orders was refused by the diocesan Bishop or by the Vicar or Prefect apostolic.
Canon 1019. §1 It belongs to the major Superior of a clerical religious institute of pontifical right or of a clerical society of apostolic life of pontifical right to grant dimissorial letters for the diaconate and for the priesthood to his subjects who are, in accordance with the constitutions, perpetually or definitively enrolled in the institute or society.

§2 The ordination of all other candidates of whatever institute or society, is governed by the law applying to the secular clergy, any indult whatsoever granted to Superiors being revoked.
Canon 1020. Dimissorial letters are not to be granted unless all the testimonials and documents required by the law in accordance with cann. 1050 and 1051 have first been obtained.
Canon 1021. Dimissorial letters may be sent to any Bishop in communion with the
Apostolic See, but not to a Bishop of a rite other than that of the ordinand, unless there is an apostolic indult.
Canon 1022. When the ordaining Bishop has received the prescribed dimissorial letters, he may proceed to the ordination only when the authenticity of these letters is established beyond any doubt whatever.
Canon 1023. Dimissorial letters can be limited or can be revoked by the person granting them or by his successor; once granted, they do not lapse on the expiry of the grantor’s authority.
The Sanctifying Function of the Church » The Sacraments » Orders » Those to be ordained
Canon 1024. Only a baptised man can validly receive sacred ordination.
Canon 1025. §1 In order lawfully to confer the orders of priesthood or diaconate, it must have been established, in accordance with the proofs laid down by law, that in the judgement of the proper Bishop or competent major Superior, the candidate possesses the requisite qualities, that he is free of any irregularity or impediment, and that he has fulfilled the requirements set out in can. 1033--1039. Moreover, the documents mentioned in can. 1050 must be to hand, and the investigation mentioned in can. 1051 must have been carried out.

§2 It is further required that, in the judgement of the same lawful Superior, the candidate is considered beneficial to the ministry of the Church.

§3 A Bishop ordaining his own subject who is destined for the service of another diocese, must be certain that the ordinand will in fact be attached to that other diocese.
The Sanctifying Function of the Church » The Sacraments » Orders » Those to be ordained » Requirements in those to be ordained
Canon 1026. For a person to be ordained, he must enjoy the requisite freedom. It is absolutely wrong to compel anyone, in any way or for any reason whatsoever, to receive orders, or to turn away from orders anyone who is canonically suitable.
Canon 1027. Aspirants to the diaconate and the priesthood are to be formed by careful preparation in accordance with the law.
Canon 1028. The diocesan Bishop or the competent Superior must ensure that before they are promoted to any order, candidates are properly instructed concerning the order itself and its obligations.
Canon 1029. Only those are to be promoted to orders who, in the prudent judgement of the proper Bishop or the competent major Superior, all things considered, have sound faith, are motivated by the right intention, are endowed with the requisite knowledge, enjoy a good reputation, and have moral probity, proven virtue and the other physical and psychological qualities appropriate to the order to be received.
Canon 1030. The proper Bishop or the competent major Superior may, but only for a canonical reason, even one which is occult, forbid admission to the priesthood to deacons subject to them who were destined for the priesthood, without prejudice to recourse in accordance with the law.
Canon 1031. §1 The priesthood may be conferred only upon those who have completed their twenty-fifth year of age, and possess a sufficient maturity; moreover, an interval of at least six months between the diaconate and the priesthood must have been observed. Those who are destined for the priesthood are to be admitted to the order of diaconate only when they have completed their twenty-third year.

§2 A candidate for the permanent diaconate who is not married may be admitted to the diaconate only when he has completed at least his twenty-fifth year; if he is married, not until he has completed at least his thirty-fifth year, and then with the consent of his wife.

§3 Episcopal Conferences may issue a regulation which requires a later age for the priesthood and for the permanent diaconate.

§4 A dispensation of more than a year from the age required by §§1 and 2 is reserved to the Apostolic See.
Canon 1032. §1 Aspirants to the priesthood may be promoted to the diaconate only when they have completed the fifth year of the curriculum of philosophical and theological studies.

§2 After completing the curriculum of studies and before being promoted to the priesthood, deacons are to spend an appropriate time, to be determined by the Bishop or by the competent major Superior, exercising the diaconal order and taking part in the pastoral ministry.

§3 An aspirant to the permanent diaconate is not to be promoted to this order until he has completed the period of formation.
The Sanctifying Function of the Church » The Sacraments » Orders » Those to be ordained » The prerequisites for ordination
Canon 1033. Only one who has received the sacrament of sacred confirmation may lawfully be promoted to orders.
Canon 1034. §1 An aspirant to the diaconate or to the priesthood is not to be ordained unless he has first, through the liturgical rite of admission, secured enrolment as a candidate from the authority mentioned in cann. 1016 and 1019. He must previously have submitted a petition in his own hand and signed by him, which has been accepted in writing by the same authority.

§2 One who has by vows become a member of a clerical institute is not obliged to obtain this admission.
Canon 1035. §1 Before anyone may be promoted to the diaconate, whether permanent or transitory, he must have received the ministries of lector and acolyte, and have exercised them for an appropriate time.

§2 Between the conferring of the ministry of acolyte and the diaconate there is to be an interval of at least six months.
Canon 1036. For a candidate to be promoted to the order of diaconate or priesthood, he must submit to the proper Bishop or to the competent major Superior a declaration written in his own hand and signed by him, in which he attests that he will spontaneously and freely receive the sacred order and will devote himself permanently to the ecclesiastical ministry, asking at the same time that he be admitted to receive the order.
Canon 1037. A candidate for the permanent diaconate who is not married and likewise a candidate for the priesthood, is not to be admitted to the order of diaconate unless he has, in the prescribed rite, publicly before God and the Church undertaken the obligation of celibacy, or unless he has taken perpetual vows in a religious institute.
Canon 1038. A deacon who refuses to be promoted to the priesthood may not be forbidden the exercise of the order he has received, unless he is constrained by a canonical impediment, or unless there is some other grave reason, to be estimated by the diocesan Bishop or the competent major Superior
Canon 1039. All who are to be promoted to any order must make a retreat for at least five days, in a place and in the manner determined by the Ordinary. Before he proceeds to the ordination, the Bishop must have assured himself that the candidates have duly made the retreat.
The Sanctifying Function of the Church » The Sacraments » Orders » Those to be ordained » Irregularities and other impediments
Canon 1040. Those bound by an impediment are to be barred from the reception of orders. An impediment may be simple; or it may be perpetual, in which case it is called an irregularity. No impediment is contracted which is not contained in the following canons.
Canon 1041. The following persons are irregular for the reception of orders:

1° one who suffers from any form of insanity, or from any other psychological infirmity, because of which he is, after experts have been consulted, judged incapable of being able to fulfil the ministry;

2° one who has committed the offence of apostasy, heresy or schism;

3° one who has attempted marriage, even a civil marriage, either while himself prevented from entering marriage whether by an existing marriage bond or by a sacred order or by a public and perpetual vow of chastity, or with a woman who is validly married or is obliged by the same vow;

4° one who has committed wilful homicide, or one who has actually procured an abortion, and all who have positively cooperated;

5° one who has gravely and maliciously mutilated himself or another, or who has attempted suicide;
[NB see Authentic Interpretation of canon 1041, 4º-5º, 31.V.2016]

6° one who has carried out an act of order which is reserved to those in the order of the episcopate or priesthood, while himself either not possessing that order or being barred from its exercise by some canonical penalty, declared or imposed.
Canon 1042. The following are simply impeded from receiving orders:

1° a man who has a wife, unless he is lawfully destined for the permanent diaconate;

2° one who exercises an office or administration forbidden to clerics, in accordance with cann. 285 and 286, of which he must render an account; the impediment binds until such time as, having relinquished the office and administration and rendered the account, he has been freed;

3° a neophyte, unless, in the judgement of the Ordinary, he has been sufficiently tested.
Canon 1043. Christ’s faithful are bound to reveal, before ordination, to the Ordinary or to the parish priest, such impediments to sacred orders as they may know about.
Canon 1044. §1 The following are irregular for the exercise of orders already received:

1° one who, while bound by an irregularity for the reception of orders, unlawfully received orders;

2° one who committed the offence mentioned in can. 1041, n. 2, if the offence is public

3° one who committed any of the offences mentioned in can. 1041, nn. 3, 4,5,6.

§2 The following are impeded from the exercise of orders:

1° one who, while bound by an impediment to the reception of orders, unlawfully received orders;

2° one who suffers from insanity or from some other psychological infirmity mentioned in can. 1041, n. 1, until such time as the Ordinary, having consulted an expert, has allowed the exercise of the order in question.
Canon 1045. Ignorance of irregularities and impediments does not exempt from them.
Canon 1046. Irregularities and impediments are multiplied if they arise from different causes, not however from the repetition of the same cause, unless it is a question of the irregularity arising from the commission of wilful homicide or from having actually procured an abortion.
Canon 1047. §1 If the fact on which they are based has been brought to the judicial forum, dispensation from all irregularities is reserved to the Apostolic See alone.

§2 Dispensation from the following irregularities and impediments to the reception of orders is also reserved to the Apostolic See:

1° irregularities arising from the offences mentioned in can. 1041, nn. 2 and 3, if they are public;

2° an irregularity arising from the offence, whether public or occult, mentioned in can. 1041, n. 4;

3° the impediment mentioned in can. 1042, n. 1.

§3 To the Apostolic See is also reserved the dispensation from the irregularities for the exercise of an order received mentioned in can. 1041, n.3 but only in public cases, and in n. 4 of the same canon even in occult cases.

§4 The Ordinary can dispense from irregularities and impediments not reserved to the
Holy See.
Canon 1048. In the more urgent occult cases, if the Ordinary or, in the case of the irregularities mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be approached, and if there is imminent danger of serious harm or loss of reputation, the person who is irregular for the exercise of an order may exercise it. There remains, however, the obligation of his having recourse as soon as possible to the Ordinary or the Penitentiary, without revealing his name, and through a confessor.
Canon 1049. §1 In a petition to obtain a dispensation from irregularities or impediments, all irregularities and impediments are to be mentioned. However, a general dispensation is valid also for those omitted in good faith, with the exception of the irregularities mentioned in can. 1041, n. 4, or of others which have been brought to the judicial forum; it is not, however, valid for those concealed in bad faith.

§2 If it is question of an irregularity arising from wilful homicide or from a procured abortion, for the validity of the dispensation even the number of offences must be stated.

§3 A general dispensation from irregularities and impediments to the reception of orders is valid for all orders.
The Sanctifying Function of the Church » The Sacraments » Orders » Those to be ordained » The required documents and investigation
Canon 1050. For a person to be promoted to sacred orders, the following documents are required:

1° a certificate of studies duly completed in accordance with can. 1032;

2" for those to be ordained to the priesthood, a certificate of the reception of the diaconate

3° for those to be promoted to the diaconate, certificates of the reception of baptism, of confirmation and of the ministries mentioned in can. 1035, and a certificate that the declaration mentioned in can. 1036 has been made, if an ordinand to be promoted to the permanent diaconate is married, a certificate of his marriage and testimony of his wife’s consent.
Canon 1051. In the investigation of the requisite qualities of one who is to be ordained, the following provisions are to be observed:

1° there is to be a certificate from the rector of the seminary or of the house of formation, concerning the qualities required in the candidate for the reception of the order, namely sound doctrine, genuine piety, good moral behaviour, fitness for the
exercise of the ministry, likewise, after proper investigation, a certificate of the candidate’s state of physical and psychological health;

2° the diocesan Bishop or the major Superior may, in order properly to complete the investigation, use other means which, taking into account the circumstances of time and place, may seem useful, such as testimonial letters, public notices or other sources of information.
Canon 1052. §1 For a Bishop to proceed to an ordination which he is to confer by his own right, he must be satisfied that the documents mentioned in can. 1050 are at hand and that, as a result of the investigations prescribed by law, the suitability of the candidate has been positively established.

§2 For a Bishop to proceed to the ordination of someone not his own subject, it is sufficient that the dimissorial letters state that those documents are at hand, that the investigation has been conducted in accordance with the law, and that the candidate’s suitability has been established. If the ordinand is a member of a religious institute or a society of apostolic life, these letters must also testify that he has been definitively enrolled in the institute or society and that he is a subject of the Superior who gives the letters.

§3 If, not withstanding all this, the Bishop has definite reasons for doubting that the candidate is suitable to receive orders, he is not to promote him.
The Sanctifying Function of the Church » The Sacraments » Orders » The notation and testimonial of ordination
Canon 1053. §1 After an ordination, the names of the individuals ordained, the name of the ordaining minister, and the place and date of ordination are to be entered in a special register which is to be carefully kept in the curia of the place of ordination.
All the documents of each ordination are to be accurately preserved.

§2 The ordaining Bishop is to give to each person ordained an authentic certificate of the ordination received. Those who, with dimissorial letters, have been promoted by a Bishop other than their own, are to submit the certificate to their proper Ordinary for the registration of the ordination in a special register, to be kept in the archive.
Canon 1054. The local Ordinary, if it concerns the secular clergy, or the competent major Superior, if it concerns his subjects, is to send a notification of each ordination to the parish priest of the place of baptism. The parish priest is to record the ordination in the baptismal register in accordance with can. 535 §2.

Page generated in 0.0049 seconds.