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Does a Sacred Servant - with the appropriate Charisma Score - get to cast 5th level spells?

If I combine literally the "Spells" section for a Sacred Servant

...she also gains one domain spell slot for each level of paladin spells she can cast.

with the usual restriction based on the relevant Score

To prepare or cast a spell, a paladin must have a Charisma score equal to at least 10 + the spell level.

I would deduce a Paladin with at least Charisma 15 can theoretically cast 5th level spells, but is restricted by a "truncated" Paladin Spell List. If we interpret the line from the Sacred Servant rules as the access to a new Spell List that goes up to Level 9 I would allow a Sacred Servant to cast also higher level Spells.

Am I too biased?

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To be “able to cast nth level spells,” you need several things, but foremost among them is a spell slot with which to cast it. A paladin never receives 5th-level spell slots, and therefore can never cast them. Also, for that matter, there is no such thing as a 5th-level paladin spell to cast in the first place. Thus, no, your Domain slots can only ever be 1st, 2nd, 3rd, and/or 4th level, and only those you have already attained the ability to cast otherwise.

She also requires a sufficiently-high Charisma score, but that is secondary.

If you are interested in something like this, and 3.5 material is allowed in your game, you might consider the divine crusader prestige class from Complete Divine. It is ten levels long, and each level it gains the ability to cast a new level of spell – from a single domain. So a divine crusader 9 can cast the 9th-level spells from that one domain. But note that the prestige class does not stack with your paladin levels for other spellcasting (or indeed, any other paladin class features).

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  • \$\begingroup\$ Quickened Lesser Restoration is a 5th level Paladin spell. \$\endgroup\$ – Please stop being evil Feb 27 '15 at 1:57
  • \$\begingroup\$ @thedarkwanderer That is very debatable, but at any rate even if it is, the paladin still can’t cast it. \$\endgroup\$ – KRyan Feb 27 '15 at 2:38

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