THE CODE OF CANON LAW
in English translation
Prepared
by
The
Canon Law Society Of Great Britain And Ireland
In
Association With
The
Canon Law Society Of Australia And New Zealand
And
The Canadian Canon Law Society
English
translation copyright 1983 The Canon Law Society Trust
***********************************************************
GENERAL NORMS
Can. 1 The canons
of this Code concern only the latin Church.
Can. 2 For the
most part the Code does not determine the rites to be observed in the
celebration of liturgical actions. Accordingly, liturgical laws which have been
in effect hitherto retain their force, except those which may be contrary to
the canons of the Code.
Can. 3 The canons
of the Code do not abrogate, nor do they derogate from, agreements entered into
by the Apostolic See with nations or other civil entities. For this reason,
these agreements continue in force as hitherto, notwithstanding any contrary
provisions of this Code.
Can. 4 Acquired
rights, and likewise privileges hitherto granted by the Apostolic See to either
physical or juridical persons, which are still in use and have not been
revoked, remain intact, unless they are expressly revoked by the canons of this
Code.
Can. 5 §1
Universal or particular customs which have been in effect up to now but are
contrary to the provisions of these canons and are reprobated in the canons of
this Code, are completely suppressed, and they may not be allowed to revive in
the future. Other contrary customs are also to be considered suppressed, unless
the Code expressly provides otherwise, or unless they are centennial or
immemorial: these latter may be tolerated if the Ordinary judges that, in the
circumstances of place and person, they cannot be removed.
§2 Customs apart
from the law, whether universal or particular, which have been in effect
hitherto, are retained.
Can. 6 §1 When
this Code comes into force, the following are abrogated:
1° the Code of
Canon Law promulgated in 1917;
2° other laws,
whether universal or particular, which are contrary to the provisions of this
Code, unless it is otherwise expressly provided in respect of particular laws;
3° all penal laws
enacted by the Apostolic See, whether universal or particular, unless they are
resumed in this Code itself;
4° any other
universal disciplinary laws concerning matters which are integrally reordered
by this Code.
§2 To the extent
that the canons of this Code reproduce the former law, they are to be assessed
in the light also of canonical tradition.
Can. 7 A law
comes into being when it is promulgated.
Can. 8 §1
Universal ecclesiastical laws are promulgated by publication in the ‘Acta
Apostolicae Sedis’, unless in particular cases another manner of promulgation
has been prescribed. They come into force only on the expiry of three months
from the date appearing on the particular issue of the ‘Acta’, unless because
of the nature of the case they bind at once, or unless a shorter or a longer
interval has been specifically and expressly prescribed m the law itself.
§2 Particular
laws are promulgated in the manner determined by the legislator; they begin to
oblige one month from the date of promulgation, unless a different period is
prescribed in the law itself.
Can. 9 Laws
concern matters of the future, not those of the past, unless provision is made
in them for the latter by name.
Can. 10 Only
those laws are to be considered invalidating or incapacitating which expressly
prescribe that an act is null or that a person is incapable.
Can. 11 Merely
ecclesiastical laws bind those who were baptised in the catholic Church or
received into it, and who have a sufficient use of reason and, unless the law
expressly provides otherwise, who have completed their seventh year of age.
Can. 12 §1 Universal
laws are binding everywhere on all those for whom they were enacted.
§2 All those
actually present in a particular territory in which certain universal laws are
not in force, are exempt from those laws.
§3 Without
prejudice to the provisions of can. 13, laws enacted for a particular territory
bind those for whom they were enacted and who have a domicile or quasi‑domicile
in that territory and are actually residing in it.
Can. 13 §1
Particular laws are not presumed to be personal, but rather territorial, unless
the contrary is clear.
§2 Peregrini are
not bound:
1° by the
particular laws of their own territory while they are absent from it, unless
the transgression of those laws causes harm in their own territory, or unless
the laws are personal
2° by the laws of
the territory in which they are present, except for those laws which take care
of public order, or determine the formalities of legal acts, or concern
immovable property located in the territory.
§3 Vagi are bound
by both the universal and the particular laws which are in force in the place
in which they are present.
Can. 14 Laws,
even invalidating and incapacitating ones, do not oblige when there is a doubt
of law. When there is a doubt of fact, however Ordinaries can dispense from
them provided, if there is question of a reserved dispensation, it is one which
the authority to whom it is reserved Is accustomed to grant.
Can. 15 §1
Ignorance or error concerning invalidating or incapacitating laws does not
prevent the effect of those laws, unless it is expressly provided otherwise.
§2 Ignorance or
error is not presumed about a law, a penalty, a fact concerning oneself, or a
notorious fact concerning another. It is presumed about a fact concerning
another which is not notorious, until the contrary is proved.
Can. 16 §1 Laws
are authentically interpreted by the legislator and by that person to whom the
legislator entrusts the power of authentic interpretation.
§2 An authentic
interpretation which is presented by way of a law has the same force as the law
itself, and must be promulgated. If it simply declares the sense of words which
are certain in themselves, it has retroactive force. If it restricts or extends
the law or resolves a doubt, it is not retroactive.
§3 On the other
hand, an interpretation by way of a court judgement or of an administrative act
in a particular case, does not have the force of law. It binds only those
persons and affects only those matters for which it was given.
Can. 17
Ecclesiastical laws are to be understood according to the proper meaning of the
words considered in their text and context. If the meaning remains doubtful or
obscure, there must be recourse to parallel places, if there be any, to the
purpose and circumstances of the law, and to the mind of the legislator.
Can. 18 Laws
which prescribe a penalty, or restrict the free exercise of rights, or contain
an exception to the law, are to be interpreted strictly.
Can. 19 If on a
particular matter there is not an express provision of either universal or particular
law, nor a custom, then, provided it is not a penal matter, the question is to
be decided by taking into account laws enacted in similar matters, the general
principles of law observed with canonical equity, the jurisprudence and
practice of the Roman Curia, and the common and constant opinion of learned
authors.
Can. 20 A later
law abrogates or derogates from an earlier law, if it expressly so states, or
if it is directly contrary to that law, or if it integrally reorders the whole
subject matter of the earlier law. A universal law, however, does not derogate
from a particular or from a special law, unless the law expressly provides
otherwise.
Can. 21 In doubt,
the revocation of a previous law is not presumed; rather, later laws are to be
related to earlier ones and, as far as possible, harmonised with them.
Can. 22 When the
law of the Church remits some issue to the civil law, the latter is to be
observed with the same effects in canon law, insofar as it is not contrary to
divine law, and provided it is not otherwise stipulated in canon law.
Can. 23 A custom
introduced by a community of the faithful has the force of law only if it has
been approved by the legislator, in accordance with the following canons.
Can. 24 §1 No
custom which is contrary to divine law can acquire the force of law.
§2 A custom which
is contrary to or apart from canon law, cannot acquire the force of law unless
it is reasonable; a custom which is expressly reprobated in the law is not
reasonable.
Can. 25 No custom
acquires the force of law unless it has been observed, with the intention of
introducing a law, by a community capable at least of receiving a law.
Can. 26 Unless it
has been specifically approved by the competent legislator, a custom which is
contrary to the canon law currently in force, or is apart from the canon law,
acquires the force of law only when it has been lawfully observed for a period
of thirty continuous and complete years. Only a centennial or immemorial custom
can prevail over a canonical law which carries a clause forbidding future
customs.
Can. 27 Custom is
the best interpreter of laws.
Can. 28 Without
prejudice to the provisions of can. 5, a custom, whether contrary to or apart
from the law, is revoked by a contrary custom or law. But unless the law makes
express mention of them, it does not revoke centennial or immemorial customs,
nor does a universal law revoke particular customs.
Can. 29 General
decrees, by which a competent legislator makes common provisions for a
community capable of receiving a law, are true laws and are regulated by the
provisions of the canons on laws.
Can. 30 A general
decree, as in can. 29, cannot be made by one who has only executive power,
unless in particular cases this has been expressly authorised by the competent
legislator in accordance with the law, and provided the conditions prescribed
in the act of authorisation are observed.
Can. 31 §1 Within
the limits of their competence, those who have executive power can issue
general executory decrees, that is, decrees which define more precisely the
manner of applying a law, or which urge the observance of laws.
§2 The provisions
of can. 8 are to be observed in regard to the promulgation, and to the interval
before the coming into effect, of the decrees mentioned in §1.
Can. 32 General
executory decrees which define the manner of application or urge the observance
of laws, bind those who are bound by the laws.
Can. 33 §1
General executory decrees, even if published in directories or other such
documents, do not derogate from the law, and any of their provisions which are
contrary to the law have no force.
§2 These decrees
cease to have force by explicit or implicit revocation by the competent
authority, and by the cessation of the law for whose execution they were
issued. They do not cease on the expiry of the authority of the person who
issued them, unless the contrary is expressly provided.
Can. 34 §1
Instructions, namely, which set out the provisions of a law and develop the
manner in which it is to be put into effect, are given for the benefit of those
whose duty it is to execute the law, and they bind them in executing the law.
Those who have executive power may, within the limits of their competence,
lawfully publish such instructions.
§2 The
regulations of an instruction do not derogate from the law, and if there are
any which cannot be reconciled with the provisions of the law they have no
force.
§3 Instructions
cease to have force not only by explicit or implicit revocation by the
competent authority who published them or by that authority’s superior, but
also by the cessation of the law which they were designed to set out and
execute.
Can. 35 Within
the limits of his or her competence, one who has executive power can issue a
singular administrative act, either by decree or precept, or by rescript,
without prejudice to can. 76 §1.
Can. 36 §1 An
administrative act is to be understood according to the proper meaning of the
words and the common manner of speaking. In doubt, a strict interpretation is
to be given to those administrative acts which concern litigation or threaten
or inflict penalties, or restrict the rights of persons, or harm the acquired
rights of others, or run counter to a law in favour of private persons; all
other administrative acts are to be widely interpreted.
§2 Administrative
acts must not be extended to cases other than those expressly stated.
Can. 37 An administrative
act which concerns the external forum is to be effected in writing; likewise,
if it requires an executor, the act of execution is to be in writing.
Can. 38 An
administrative act, even if there is question of a rescript given Motu proprio,
has no effect in so far as it harms the acquired right of another, or is
contrary to a law or approved custom, unless the competent authority has
expressly added a derogatory clause.
Can. 39
Conditions attached to an administrative act are considered to concern validity
only when they are expressed by the particles ‘if’, ‘unless’, ‘provided that’.
Can. 40 The
executor of any administrative act cannot validly carry out this office before
receiving the relevant document and establishing its authenticity and
integrity, unless prior notice of this document has been conveyed to the
executor on the authority of the person who issued the administrative act.
Can. 41 The
executor of an administrative act to whom the task of execution only is
entrusted, cannot refuse to execute it, unless it is quite clear that the act
itself is null, or that it cannot for some other grave reason be sustained, or
that the conditions attached to the administrative act itself have not been
fulfilled. If, however, the execution of the administrative act would appear to
be inopportune, by reason of the circumstances of person or place, the executor
is to desist from the execution, and immediately inform the person who issued
the act.
Can. 42 The
executor of an administrative act must proceed in accordance with the mandate.
If, however, the executor has not fulfilled essential conditions attached to
the document, or has not observed the substantial form of procedure, the
execution is invalid.
Can. 43 The
executor of an administrative act may in his prudent judgement substitute
another for himself, unless substitution has been forbidden, or he has been
deliberately chosen as the only person to be executor, or a specific person has
been designated as substitute; however, in these cases the executor may commit
the preparatory acts to another.
Can. 44 An
administrative act can also be executed by the executor’s successor in office,
unless the first had been chosen deliberately as the only person to be
executor.
Can. 45 If there
has been any error in the execution of an administrative act, the executor may
execute it again.
Can. 46 An
administrative act does not cease on the expiry of the authority of the person
issuing it, unless the law expressly provides otherwise.
Can. 47 The
revocation of an administrative act by another administrative act of the
competent authority takes effect only from the moment at which the person to
whom it was issued is lawfully notified.
Can. 48 A
singular decree is an administrative act issued by a competent executive
authority, whereby in accordance with the norms of law a decision is given or a
provision made for a particular case; of its nature this decision or provision
does not presuppose that a petition has been made by anyone.
Can. 49 A
singular precept is a decree by which an obligation is directly and lawfully
imposed on a specific person or persons to do or to omit something, especially
in order to urge the observance of a law.
Can. 50 Before
issuing a singular decree, the person in authority is to seek the necessary
information and proof and, as far as possible, is to consult those whose rights
could be harmed.
Can. 51 A decree
is to be issued in writing. When it is a decision, it should express, at least
in summary form, the reasons for the decision.
Can. 52 A
singular decree has effect in respect only of those matters it determines and
of those persons to whom it was issued; it obliges such persons everywhere,
unless it is otherwise clear.
Can. 53 If
decrees are contrary one to another, where specific matters are expressed, the
specific prevails over the general; if both are equally specific or equally
general, the one later in time abrogates the earlier insofar as it is contrary
to it.
Can. 54 §1 A
singular decree whose application is entrusted to an executor, has effect from
the moment of execution; otherwise, from the moment when it is made known to
the person on the authority of the one who issued it.
§2 For a singular
decree to be enforceable, it must be made known by a lawful document in
accordance with the law.
Can. 55 Without
prejudice to cann. 37 and 51, whenever a very grave reason prevents the handing
over of the written text of a decree, the decree is deemed to have been made
known if it is read to the person to whom it is directed, in the presence of a
notary or two witnesses‑ a record of the occasion is to be drawn up and
signed by all present.
Can. 56 A decree
is deemed to have been made known if the person to whom it is directed has been
duly summoned to receive or to hear the decree, and without a just reason has
not appeared or has refused to sign.
Can. 57 §1
Whenever the law orders a decree to be issued, or when a person who is
concerned lawfully requests a decree or has recourse to obtain one, the
competent authority is to provide for the situation within three months of
having received the petition or recourse, unless a different period of time is
prescribed by law.
§2 If this period
of time has expired and the decree has not yet been given, then as far as
proposing a further recourse is concerned, the reply is presumed to be
negative.
§3 A presumed
negative reply does not relieve the competent authority of the obligation of
issuing the decree, and, in accordance with can. 128, of repairing any harm
done.
Can. 58 §1 A
singular decree ceases to have force when it is lawfully revoked by the
competent authority, or when the law ceases for whose execution it was issued.
§2 A singular
precept, which was not imposed by a lawful document, ceases on the expiry of
the authority of the person who issued it.
Can. 59 §1 A
rescript is an administrative act issued in writing by a competent authority,
by which of its very nature a privilege, dispensation or other favour is granted
at someone’s request.
§2 Unless it is
otherwise established, provisions laid down concerning rescripts apply also to
the granting of permission and to the granting of favours by word of mouth.
Can. 60 Any
rescript can be obtained by all who are not expressly prohibited.
Can. 61 Unless it
is otherwise established, a rescript can be obtained for another, even without
that person’s consent, and it is valid before its acceptance, without prejudice
to contrary clauses.
Can. 62 A
rescript in which there is no executor, has effect from the moment the document
was issued; the others have effect from the moment of execution.
Can. 63 §1 Except
where there is question of a rescript which grants a favour Motu proprio,
subreption, that is, the withholding of the truth, renders a rescript invalid
if the request does not express that which, according to canonical law, style
and practice, must for validity be expressed.
§2 Obreption,
that is, the making of a false statement, renders a rescript invalid if not
even one of the motivating reasons submitted is true.
§3 In rescripts
of which there is no executor, the motivating reason must be true at the time
the rescript is issued; in the others, at the time of execution.
Can. 64 Without
prejudice to the right of the Penitentiary for the internal forum, a favour
refused by any department of the Roman Curia cannot validly be granted by
another department of the same Curia, or by any other competent authority below
the Roman Pontiff, without the approval of the department which was first
approached.
Can. 65 §1
Without prejudice to the provisions of §§2 and 3, no one is to seek from
another Ordinary a favour which was refused by that person’s proper Ordinary,
unless mention is made of the refusal. When the refusal is mentioned, the
Ordinary is not to grant the favour unless he has learned from the former
Ordinary the reasons for the refusal.
§2 A favour
refused by a Vicar general or an episcopal Vicar cannot be validly granted by
another Vicar of the same Bishop, even when he has learned from the Vicar who
refused the reasons for the refusal.
§3 A favour
refused by a Vicar general or an episcopal Vicar and later, without any mention
being made of this refusal, obtained from the diocesan Bishop, is invalid. A
favour refused by the diocesan Bishop cannot, without the Bishop’s consent,
validly be obtained from his Vicar general or episcopal Vicar, even though
mention is made of the refusal.
Can. 66 A
rescript is not rendered invalid because of an error in the name of the person
to whom it is given or by whom it is issued, or of the place in which such
person resides, or of the matter concerned, provided that in the judgement of
the Ordinary there is no doubt about the person or the matter in question.
Can. 67 §1 If it
should happen that two contrary rescripts are obtained for one and the same
thing, where specific matters are expressed, the specific prevails over the
general.
§2 If both are
equally specific or equally general, the one earlier in time prevails over the
later, unless in the later one there is an express mention of the earlier, or
unless the person who first obtained the rescript has not used it by reason of
deceit or of notable personal negligence.
§3 In doubt as to
whether a rescript is invalid or not, recourse is to be made to the issuing
authority.
Can. 68 A
rescript of the Apostolic See in which there is no executor must be presented
to the Ordinary of the person who obtains it only when this is prescribed in
the rescript, or when there is question of public affairs, or when it is
necessary to have the conditions verified.
Can. 69 A
rescript for whose presentation no time is determined, may be submitted to the
executor at any time, provided there is no fraud or deceit.
Can. 70 If in a
rescript the very granting of the favour is entrusted to the executor, it is a
matter for the executor’s prudent judgement and conscience to grant or to
refuse the favour.
Can. 71 No one is
obliged to use a rescript granted in his or her favour only, unless bound by a
canonical obligation from another source to do so .
Can. 72 Rescripts
granted by the Apostolic See which have expired, can for a just reason be
extended by the diocesan Bishop, but once only and not beyond three months.
Can. 73 No
rescripts are revoked by a contrary law, unless it is otherwise provided in the
law itself.
Can. 74 Although
one who has been granted a favour orally may use it in the internal forum, that
person is obliged to prove the favour for the external forum whenever this is
lawfully requested.
Can. 75 If a
rescript contains a privilege or a dispensation, the provision of the following
canons are also to be observed.
Can. 76 §1 A
privilege is a favour given by a special act for the benefit of certain
persons, physical or juridical; it can be granted by the legislator, and by an
executive authority to whom the legislator has given this power.
§2 Centennial or
immemorial possession of a privilege gives rise to the presumption that it has
been granted.
Can. 77 A privilege
is to be interpreted in accordance with can. 36 §1. The interpretation must,
however, always be such that the beneficiaries of the privilege do in fact
receive some favour.
Can. 78 §1 A
privilege is presumed to be perpetual, unless the contrary is proved.
§2 A personal
privilege, namely one which attaches to a person, is extinguished with the
person.
§3 A real
privilege ceases on the total destruction of the thing or place; a local
privilege, however, revives if the place is restored within fifty years.
Can. 79 Without
prejudice to can. 46, a privilege ceases by revocation on the part of the
competent authority in accordance with can. 47.
Can. 80 §1 No
privilege ceases by renunciation unless this has been accepted by the competent
authority.
§2 Any physical
person may renounce a privilege granted in his or her favour only.
§3 Individual
persons cannot renounce a privilege granted to a juridical person, or granted
by reason of the dignity of a place or thing. Nor can a juridical person
renounce a privilege granted to it, if the renunciation would be prejudicial to
the Church or to others.
Can. 81 A
privilege is not extinguished on the expiry of the authority of the person who
granted it, unless it was given with the clause ‘at our pleasure’ or another
equivalent expression.
Can. 82 A
privilege which does not burden others does not lapse through non‑use or
contrary use; if it does cause an inconvenience for others, it is lost if
lawful prescription intervenes.
Can. 83 §1
Without prejudice to can. 142 §2, a privilege ceases on the expiry of the time
or the completion of the number of cases for which it was granted.
§2 It ceases also
if in the judgement of the competent authority circumstances are so changed
with the passage of time that it has become harmful, or that its use becomes
unlawful.
Can. 84 A person
who abuses a power given by a privilege deserves to be deprived of the
privilege itself. Accordingly, after a warning which has been in vain, the
Ordinary, if it was he who granted it, is to deprive the person of the
privilege which he or she is gravely abusing; if the privilege has been granted
by the Apostolic See, the Ordinary is obliged to make the matter known to it.
Can. 85 A
dispensation, that is, the relaxation of a merely ecclesiastical law in a
particular case, can be granted, within the limits of their competence, by
those who have executive power, and by those who either explicitly or
implicitly have the power of dispensing, whether by virtue of the law itself or
by lawful delegation.
Can. 86 In so far
as laws define those elements which are essentially constitutive of institutes
or of juridical acts, they are not subject to dispensation.
Can. 87 §1
Whenever he judges that it contributes to their spiritual welfare, the diocesan
Bishop can dispense the faithful from disciplinary laws, both universal laws
and those particular laws made by the supreme ecclesiastical authority for his
territory or his subjects. He cannot dispense from procedural laws or from penal
laws, nor from those whose dispensation is specially reserved to the Apostolic
See or to some other authority.
§2 If recourse to
the Holy See is difficult, and at the same time there is danger of grave harm
in delay, any Ordinary can dispense from these laws, even if the dispensation
is reserved to the Holy See, provided the dispensation is one which the Holy
See customarily grants in the same circumstances, and without prejudice to can.
291.
Can. 88 The local
Ordinary can dispense from diocesan laws and, whenever he judges that it
contributes to the spiritual welfare of the faithful, from laws made by a
plenary or a provincial Council or by the Episcopal Conference.
Can. 89 Parish
priests and other priests or deacons cannot dispense from universal or
particular law unless this power is expressly granted to them.
Can. 90 §1 A
dispensation from an ecclesiastical law is not to be given without a just and
reasonable cause, taking into account the circumstances of the case and the
importance of the law from which the dispensation is given; otherwise the
dispensation is unlawful and, unless given by the legislator or his superior,
it is also invalid.
§2 A dispensation
given in doubt about the sufficiency of its reason is valid and lawful.
Can. 91 In
respect of their subjects, even if these are outside the territory, those who
have the power of dispensing can exercise it even if they themselves are
outside their territory; unless the contrary is expressly provided, they can
exercise it also in respect of peregrini actually present in the territory;
they can exercise it too in respect of themselves.
Can. 92 A strict
interpretation is to be given not only to a dispensation in accordance with
can. 36 §1, but also to the very power of dispensing granted for a specific
case.
Can. 93 A
dispensation capable of successive applications ceases in the same way as a
privilege. It also ceases by the certain and complete cessation of the
motivating reason.
Can. 94 §1
Statutes properly so called are regulations which are established in accordance
with the law in aggregates of persons or of things, whereby the purpose,
constitution, governance and manner of acting of these bodies are defined.
§2 The statutes
of an aggregate of persons bind only those persons who are lawfully members of
it; the statutes of an aggregate of things bind those who direct it.
§3 The provisions
of statutes which are established and promulgated by virtue of legislative
power, are regulated by the provisions of the canons concerning laws.
Can. 95 §1
Ordinances are rules or norms to be observed both in assemblies of persons,
whether these assemblies are convened by ecclesiastical authority or are freely
convoked by the faithful, and in other celebrations: they define those matters
which concern their constitution, direction and agenda.
§2 In assemblies
or celebrations, those who take part are bound by these rules of ordinance.
Can. 96 By
baptism one is incorporated into the Church of Christ and constituted a person
in it, with the duties and the rights which, in accordance with each one’s
status, are proper to christians, in so far as they are in ecclesiastical
communion and unless a lawfully issued sanction intervenes.
Can. 97 §1 A
person who has completed the eighteenth year of age, has attained majority;
below this age, a person is a minor.
§2 A minor who
has not completed the seventh year of age is called an infant and is considered
incapable of personal responsibility; on completion of the seventh year,
however, the minor is presumed to have the use of reason.
Can. 98 §1 A
person who has attained majority has the full exercise of his or her rights.
§2 In the
exercise of rights a minor remains subject to parents or guardians, except for
those matters in which by divine or by canon law minors are exempt from such
authority. In regard to the appointment of guardians and the determination of
their powers, the provisions of civil law are to be observed, unless it is
otherwise provided in canon law or unless, in specific cases and for a just
reason, the diocesan Bishop has decided that the matter is to be catered for by
the appointment of another guardian.
Can. 99 Whoever
habitually lacks the use of reason is considered as incapable of personal
responsibility and is regarded as an infant.
Can. 100 A person
is said to be: an incola, in the place where he or she has a domicile; an
advena, in the place of quasi‑domicile; a peregrinus, if away from the
domicile or quasi‑domicile which is still retained; a vagus, if the
person has nowhere a domicile or quasi‑domicile.
Can. 101 §1 The
place of origin of a child, and even of a neophyte, is that in which the
parents had a domicile or, lacking that, a quasi‑domicile when the child
was born; if the parents did not have the same domicile or quasi‑domicile,
it is that of the mother.
§2 In the case of
a child of vagi, the place of origin is the actual place of birth; in the case
of a foundling, it is the place where it was found.
Can. 102 §1
Domicile is acquired by residence in the territory of a parish, or at least of
a diocese, which is either linked to the intention of remaining there
permanently if nothing should occasion its withdrawal, or in fact protracted
for a full five years.
§2 Quasi‑domicile
is acquired by residence in the territory of a parish, or at least of a
diocese, which is either linked to the intention of remaining there for three
months if nothing should occasion its withdrawal, or in fact protracted for
three months.
§3 Domicile or
quasi‑domicile in the territory of a parish is called parochial; in the
territory of a diocese, even if not in a parish, it is called diocesan.
Can. 103 Members
of religious institutes and of societies of apostolic life acquire a domicile
in the place where the house to which they belong is situated. They acquire a
quasi‑domicile in the house in which, in accordance with can. 102 §2,
they reside.
Can. 104 Spouses
are to have a common domicile or quasi‑domicile. By reason of lawful
separation or for some other just reason, each may have his or her own domicile
or quasi‑domicile.
Can. 105 §1 A
minor necessarily retains the domicile or quasi‑domicile of the person to
whose authority the minor is subject. A minor who is no longer an infant can
acquire a quasi‑domicile of his or her own and, if lawfully emancipated
in accordance with the civil law, a domicile also.
§2 One who for a
reason other than minority is lawfully entrusted to the guardianship or
tutelage of another, has the domicile and quasidomicile of the guardian or
curator.
Can. 106 Domicile
or quasi‑domicile is lost by departure from the place with the intention
of not returning, without prejudice to the provisions of can. 105.
Can. 107 §1 Both
through domicile and through quasi‑domicile everyone acquires his or her
own parish priest and Ordinary.
§2 The proper
parish priest or Ordinary of a vagus is the parish priest or Ordinary of the
place where the vagus is actually residing.
§3 The proper
parish priest of one who has only a diocesan domicile or quasi‑domicile
is the parish priest of the place where that person is actually residing.
Can. 108 §1
Consanguinity is reckoned by lines and degrees.
§2 In the direct
line there are as many degrees as there are generations, that is, as there are
persons, not counting the common ancestor.
§3 In the
collateral line there are as many degrees as there are persons in both lines
together, not counting the common ancestor.
Can. 109 §1 Affinity
arises from a valid marriage, even if not consummated, and it exists between
the man and the blood relations of the woman, and likewise between the woman
and the blood relations of the man.
§2 It is reckoned
in such a way that the blood relations of the man are related by affinity to
the woman in the same line and the same degree, and vice versa.
Can. 110 Children
who have been adopted in accordance with the civil law are considered the
children of that person or those persons who have adopted them.
Can. 111 §1
Through the reception of baptism a child becomes a member of the latin Church
if the parents belong to that Church or, should one of them not belong to it,
if they have both by common consent chosen that the child be baptised in the
latin Church: if that common consent is lacking, the child becomes a member of
the ritual Church to which the father belongs.
§2 Any candidate
for baptism who has completed the fourteenth year of age may freely choose to
be baptised either in the latin Church or in another autonomous ritual Church;
in which case the person belongs to the Church which he or she has chosen.
Can. 112 §1 After
the reception of baptism, the following become members of another autonomous
ritual Church:
1° those who have
obtained permission from the Apostolic See;
2° a spouse who,
on entering marriage or during its course, has declared that he or she is
transferring to the autonomous ritual
Church of the
other spouse; on the dissolution of the marriage, however, that person may freely
return to the latin Church;
3° the children
of those mentioned in nn. 1 and 2 who have not completed their fourteenth year,
and likewise in a mixed marriage the children of a catholic party who has
lawfully transferred to another ritual Church; on completion of their
fourteenth year, however, they may return to the latin Church.
§2 The practice,
however long standing, of receiving the sacraments according to the rite of an
autonomous ritual Church, does not bring with it membership of that Church.
Can. 113 §1 The
catholic Church and the Apostolic See have the status of a moral person by
divine disposition.
§2 In the Church,
besides physical persons, there are also juridical persons, that is, in canon
law subjects of obligations and rights which accord with their nature.
Can. 114 §1
Aggregates of persons or of things which are directed to a purpose befitting
the Church’s mission, which transcends the purpose of the individuals, are
constituted juridical persons either by a provision of the law itself or by a
special concession given in the form of a decree by the competent authority.
§2 The purposes
indicated in §1 are understood to be those which concern works of piety, of the
apostolate or of charity, whether spiritual or temporal.
§3 The competent
ecclesiastical authority is not to confer juridical personality except on those
aggregates of persons or of things which aim at a genuinely useful purpose and
which, all things considered, have the means which are foreseen to be
sufficient to achieve the purpose in view.
Can. 115 §1
Juridical persons in the Church are either aggregates of persons or aggregates
of things.
§2 An aggregate
of persons, which must be made up of at least three persons, is collegial if
the members decide its conduct by participating together in making its
decisions, whether by equal right or not, in accordance with the law and the
statutes; otherwise, it is non‑collegial.
§3 An aggregate
of things, or an autonomous foundation, consists of goods or things, whether
spiritual or material, and is directed, in accordance with the law and the
statutes, by one or more physical persons or by a college.
Can. 116 §1
Public juridical persons are aggregates of persons or of things which are
established by the competent ecclesiastical authority so that, within the
limits allotted to them in the name of the Church, and in accordance with the
provisions of law, they might fulfil the specific task entrusted to them for
the public good. Other juridical persons are private.
§2 Public
juridical persons are given this personality either by the law itself or by a
special decree of the competent authority expressly granting it. Private
juridical persons are given this personality only by a special decree of the
competent authority expressly granting it.
Can. 117 No
aggregate of persons or of things seeking juridical personality can acquire it
unless its statutes are approved by the competent authority.
Can. 118 Those
persons represent, and act in the name of, a public juridical person whose
competence to do so is acknowledged by universal or particular law, or by their
own statutes; those persons represent a private juridical person who are given
this competence by their statutes.
Can. 119 In
regard to collegial acts, unless the law or the statutes provide otherwise:
1° in regard to
elections, provided a majority of those who must be summoned are present, what
is decided by an absolute majority of those present has the force of law. If
there have been two inconclusive scrutinies, a vote is to be taken between the
two candidates with the greatest number of votes or, if there are more than
two, between the two senior by age. After a third inconclusive scrutiny, that
person is deemed elected who is senior by age;
2° in regard to
other matters, provided a majority of those who must be summoned are present,
what is decided by an absolute majority of those present has the force of law.
If the votes are equal after two scrutinies, the person presiding can break the
tie with a casting vote;
3° that which
affects all as individuals must be approved by all.
Can. 120 §1 A
juridical person is by its nature perpetual. It ceases to exist, however, if it
is lawfully suppressed by the competent authority, or if it has been inactive
for a hundred years. A private juridical person also ceases to exist if the
association itself is dissolved in accordance with the statutes, or if, in the
judgement of the competent authority, the foundation itself has, in accordance
with the statutes, ceased to exist.
§2 If even a
single member of a collegial juridical person survives, and the aggregate of
persons has not, according to the statutes, ceased to exist, the exercise of
all the rights of the aggregate devolves upon that member.
Can. 121 When
aggregates of persons or of things which are public juridical persons are so
amalgamated that one aggregate, itself with a juridical personality, is formed,
this new juridical person obtains the patrimonial goods and rights which
belonged to the previous aggregates; it also accepts the liabilities of the
previous aggregates. In what concerns particularly the arrangements for the
goods and the discharge of obligations, the wishes of the founders and
benefactors, and any acquired rights must be safeguarded.
Can. 122 When an
aggregate which is a public juridical person is divided in such a way that part
of it is joined to another juridical person or a distinct public juridical
person is established from one part of it, the first obligation is to observe
the wishes of the founders and benefactors, the demands of acquired rights and
the requirements of the approved statutes. Then the competent ecclesiastical
authority, either personally or through an executor, is to ensure:
1° that the
divisible common patrimonial goods and rights, the monies owed and the other
liabilities, are divided between the juridical persons in question in due
proportion, in a fashion which is equitable and right, taking account of all
the circumstances and needs of both;
2° that the use
and enjoyment of the common goods which cannot be divided, be given to each
juridical person, and also that the liabilities which are proper to each are
the responsibility of each, in due proportion, in a fashion which is equitable
and right.
Can. 123 On the
extinction of a public juridical person, the arrangements for its patrimonial
goods and rights, and for its liabilities, are determined by law and the
statutes. If these do not deal with the matter, the arrangements devolve upon
the next higher juridical person, always with due regard for the wishes of the
founders or benefactors and for acquired rights. On the extinction of a private
juridical person, the arrangements for its goods and liabilities are governed
by its own statutes.
Can. 124 §1 For
the validity of a juridical act, it is required that it be performed by a
person who is legally capable, and it must contain those elements which
constitute the essence of the act, as well as the formalities and requirements
which the law prescribes for the validity of the act.
§2 A juridical
act which, as far as its external elements are concerned, is properly
performed, is presumed to be valid.
Can. 125 §1 An
act is invalid if performed as a result of force imposed from outside on a
person who was quite unable to resist it.
§2 An act
performed as a result of fear which is grave and unjustly inflicted, or as a
result of deceit, is valid, unless the law provides otherwise. However, it can
be rescinded by a court judgement, either at the instance of the injured party
or that party’s successors in law, or ex officio.
Can. 126 An act
is invalid when performed as a result of ignorance or of error which concerns
the substance of the act, or which amounts to a condition sine qua non;
otherwise it is valid, unless the law provides differently. But an act done as
a result of ignorance or error can give rise to a rescinding action in
accordance with the law.
Can. 127 §1 When
the law prescribes that, in order to perform a juridical act, a Superior
requires the consent or the advice of some college or group of persons, the
college or group must be convened in accordance with can. 166, unless, if there
is question of seeking advice only, particular or proper law provides
otherwise. For the validity of the act, it is required that the consent be
obtained of an absolute majority of those present, or that the advice of all be
sought.
§2 When the law
prescribes that, in order to perform a juridical act, a Superior requires the
consent or advice of certain persons as individuals:
1° if consent is
required, the Superior’s act is invalid if the Superior does not seek the
consent of those persons, or acts against the vote of all or of any of them;
2° if advice is
required, the Superior’s act is invalid if the Superior does not hear those
persons. The Superior is not in any way bound to accept their vote, even if it
is unanimous; nevertheless, without what is, in his or her judgement, an
overriding reason, the Superior is not to act against their vote, especially if
it is a unanimous one.
§3 All whose
consent or advice is required are obliged to give their opinions sincerely. If
the seriousness of the matter requires it, they are obliged carefully to
maintain secrecy, and the Superior can insist on this obligation.
Can. 128 Whoever
unlawfully causes harm to another by a juridical act, or indeed by any other
act which is deceitful or culpable, is obliged to repair the damage done.
Can. 129 §1 Those
who are in sacred orders are, in accordance with the provisions of law, capable
of the power of governance, which belongs to the Church by divine institution.
This power is also called the power of jurisdiction.
§2 Lay members of
Christ’s faithful can cooperate in the exercise of this same power in
accordance with the law.
Can. 130 Of
itself the power of governance is exercised for the external forum; sometimes
however it is exercised for the internal forum only, but in such a way that the
effects which its exercise is designed to have in the external forum are not
acknowledged in that forum, except in so far as the law prescribes this for
determinate cases.
Can. 131 §1
Ordinary power of governance is that which by virtue of the law itself is
attached to a given office; delegated power is that which is granted to a
person other than through an office.
§2 Ordinary power
of governance may be proper or vicarious.
§3 One who claims
to have been delegated has the onus of proving the delegation.
Can. 132 §1
Habitual faculties are governed by the provisions concerning delegated power.
§2 However,
unless the grant has expressly provided otherwise, or the Ordinary was
deliberately chosen as the only one to exercise the faculty, an habitual
faculty granted to an Ordinary does not lapse on the expiry of the authority of
the Ordinary to whom it was given, even if he has already begun to exercise the
faculty, but it passes to the Ordinary who succeeds him in governance.
Can. 133 §1 A
delegate who exceeds the limits of the mandate, with regard either to things or
to persons, performs no act at all.
§2 A delegate is
not considered to have exceeded the mandate when what was delegated is carried
out, but in a manner different to that determined in the mandate, unless the
manner was prescribed for validity by the delegating authority.
Can. 134 §1 In
law the term Ordinary means, apart from the Roman Pontiff, diocesan Bishops and
all who, even for a time only, are set over a particular Church or a community
equivalent to it in accordance with can. 368, and those who in these have
general ordinary executive power, that is, Vicars general and episcopal Vicars;
likewise, for their own members, it means the major Superiors of clerical
religious institutes of pontifical right and of clerical societies of apostolic
life of pontifical right, who have at least ordinary executive power.
§2 The term local
Ordinary means all those enumerated in §1, except Superiors of religious
institutes and of societies of apostolic life.
§3 Whatever in
the canons, in the context of executive power, is attributed to the diocesan
Bishop, is understood to belong only to the diocesan Bishop and to those others
in can. 381 §2 who are equivalent to him, to the exclusion of the Vicar general
and the episcopal Vicar except by special mandate.
Can. 135 §1 The
power of governance is divided into legislative, executive and judicial power.
§2 Legislative
power is to be exercised in the manner prescribed by law; that which in the
Church a legislator lower than the supreme authority has cannot be delegated,
unless the law explicitly provides otherwise. A lower legislator cannot validly
make a law which is contrary to that of a higher legislator.
§3 Judicial
power, which is possessed by judges and judicial colleges, is to be exercised
in the manner prescribed by law, and it cannot be delegated except for the
performance of acts preparatory to some decree or judgement.
§4 As far as the
exercise of executive power is concerned, the provisions of the following
canons are to be observed.
Can. 136 Persons
may exercise executive power over their subjects, even when either they
themselves or their subjects are outside the territory, unless it is otherwise
clear from the nature of things or from the provisions of law. They can
exercise this power over peregrini who are actually living in the territory, if
it is a question of granting favours, or of executing universal or particular
laws by which the peregrini are bound in accordance with can. 13 §2, n. 2.
Can. 137 §1
Ordinary executive power can be delegated either for an individual case or for
all cases, unless the law expressly provides otherwise.
§2 Executive
power delegated by the Apostolic See can be subdelegated, either for an
individual case or for all cases, unless the delegation was deliberately given
to the individual alone, or unless subdelegation was expressly prohibited.
§3 Executive
power delegated by another authority having ordinary power, if delegated for
all cases, can be subdelegated only for individual cases; if delegated for a
determinate act or acts, it cannot be subdelegated, except by the express grant
of the person delegating.
§4 No
subdelegated power can again be subdelegated, unless this was expressly granted
by the person delegating.
Can. 138 Ordinary
executive power, and power delegated for all cases, are to be interpreted
widely; any other power is to be interpreted strictly. Delegation of power to a
person is understood to include everything necessary for the exercise of that
power.
Can. 139 §1
Unless the law prescribes otherwise, the tact that a person approaches some
competent authority, even a higher one, does not mean that the executive power
of another competent authority is suspended, whether that be ordinary or
delegated.
§2 A lower
authority, however, is not to interfere in cases referred to higher authority,
except for a grave and urgent reason; in which case the higher authority is to
be notified immediately.
Can. 140 §1 When
several people are together delegated to act in the same matter, the person who
has begun to deal with it excludes the others from acting, unless that person
is subsequently impeded, or does not wish to proceed further with the matter.
§2 When several
people are delegated to act as a college in a certain matter, all must proceed
in accordance with can. 119, unless the mandate provides otherwise.
§3 Executive
power delegated to several people is presumed to be delegated to them together.
Can. 141 If
several people are successively delegated, that person is to deal with the
matter whose mandate was the earlier and was not subsequently revoked.
Can. 142 §1
Delegated power lapses: on the completion of the mandate; on the expiry of the
time or the completion of the number of cases for which it was granted; on the
cessation of the motivating reason for the delegation; on its revocation by the
person delegating, when communicated directly to the person delegated; and on
the retirement of the person delegated, when communicated to and accepted by
the person delegating. It does not lapse on the expiry of the authority of the
person delegating, unless this appears from clauses attached to it.
§2 An act of
delegated power exercised for the internal forum only, which is inadvertently
performed after the time limit of the delegation, is valid.
Can. 143 §1
Ordinary power ceases on the loss of the office to which it is attached.
§2 Unless the law
provides otherwise, ordinary power is suspended if an appeal or a recourse is
lawfully made against a deprivation of, or removal from, office.
Can. 144 §1 In
common error, whether of fact or of law, and in positive and probable doubt,
whether of law or of fact, the Church supplies executive power of governance
for both the external and the internal forum.
§2 The same norm
applies to the faculties mentioned in cann. 883, 966, and 1111 §1.
Can. 145 §1 An
ecclesiastical office is any post which by divine or ecclesiastical disposition
is established in a stable manner to further a spiritual purpose.
§2 The duties and
rights proper to each ecclesiastical office are defined either by the law
whereby the office is established, or by a decree of the competent authority
whereby it is at one and at the same time established and conferred.
Can. 146 An
ecclesiastical office cannot be validly obtained without canonical provision.
Can. 147 The
provision of an ecclesiastical office is effected: by its being freely
conferred by the competent ecclesiastical authority; by appointment made by the
same authority, where there has been a prior presentation; by confirmation or
admission by the same authority, where there has been a prior election or
postulation; finally, by a simple election and acceptance of the election, if
the election does not require confirmation.
Can. 148 Unless
the law provides otherwise, the provision of an office is the prerogative of
the authority which is competent to establish, change or suppress the office.
Can. 149 §1 In
order to be promoted to an ecclesiastical office, one must be in communion with
the Church, and be suitable, that is, possessed of those qualities which are
required for that office by universal or particular law or by the law of the
foundation.
§2 The provision
of an ecclesiastical office to a person who lacks the requisite qualities is
invalid only if the qualities are expressly required for validity by universal
or particular law or by the law of the foundation; otherwise it is valid, but
it can be rescinded by a decree of the competent authority or by a judgement of
an administrative tribunal.
§3 The provision
of an office made as a result of simony, is invalid by virtue of the law
itself.
Can. 150 An
office which carries with it the full care of souls, for which the exercise of
the order of priesthood is required, cannot validly be conferred upon a person
who is not yet a priest.
Can. 151 The
provision of an office which carries with it the care of souls is not to be
deferred without grave reason.
Can. 152 Two or
more offices which are incompatible, that is, which cannot be exercised at the
same time by the same person, are not to be conferred upon anyone.
Can. 153 §1 The
provision of an office which in law is not vacant is by that very fact invalid,
nor does it become valid by subsequent vacancy.
§2 If, however,
there is question of an office which by law is conferred for a determinate
time, provision can be made within six months before the expiry of this time,
and it takes effect from the day the office falls vacant.
§3 The promise of
any office, by whomsoever it is made, has no juridical effect.
Can. 154 An
office which in law is vacant, but which someone unlawfully still holds, may be
conferred, provided that it has been properly declared that such possession is
not lawful, and that mention is made of this declaration in the letter of
conferral.
Can. 155 One who
confers an office in the place of another who is negligent or impeded, does not
thereby acquire any power over the person on whom the office is conferred; the
juridical condition of the latter is the same as if the provision of the office
had been carried out in accordance with the ordinary norm of law.
Can. 156 The
provision of any office is to be made in writing.
Can. 157 Unless
the law expressly states otherwise, it is the prerogative of the diocesan
Bishop to make appointments to ecclesiastical offices in his own particular
Church by free conferral.
Can. 158 §1
Presentation to an ecclesiastical office by a person having the right of
presentation must be made to the authority who is competent to make an
appointment to the office in question; unless it is otherwise lawfully
provided, presentation is to be made within three months of receiving
notification of the vacancy of the office.
§2 If the right
of presentation belongs to a college or group of persons, the person to be
presented is to be designated according to the provisions of cann. 165‑‑179.
Can. 159 No one
is to be presented who is unwilling. Accordingly, one who is proposed for
presentation must be consulted, and may be presented if within eight canonical
days a refusal is not entered.
Can. 160 §1 One
who has the right of presentation may present one or more persons, either
simultaneously or successively.
§2 No persons may
present themselves. However a college or a group of persons may present one of
its members.
Can. 161 §1
Unless the law prescribes otherwise, one who has presented a person who is
judged unsuitable, may within a month present another candidate, but once only.
§2 If before the
appointment is made the person presented has withdrawn or has died, the one
with the right of presentation may exercise this right again, within a month of
receiving notice of the withdrawal or of the death.
Can. 162 A person
who has not presented anyone within the canonical time prescribed by can. 158
§1 and can. 161, or who has twice presented a candidate judged to be
unsuitable, loses the right of presentation for that case. The authority who is
competent to appoint may then freely provide for the vacant office, but with
the consent of the proper Ordinary of the person appointed.
Can. 163 The
authority to whom, in accordance with the law, it belongs to appoint one who is
presented, is to appoint the person lawfully presented whom he has judged
suitable, and who has accepted. If a number lawfully presented are judged
suitable, he is to appoint one of them.
Can. 164 Unless
it has been otherwise provided in the law, the provisions of the following canons
are to be observed in canonical elections.
Can. 165 Unless
it is otherwise provided in the law or in the statutes of the college or group,
if a college or a group of persons enjoys the right to elect to an office, the
election is not to be deferred beyond three canonical months, to be reckoned from
the receipt of notification of the vacancy of the office. If the election does
not take place within that time, the ecclesiastical authority who has the right
of confirming the election or the right to make provision otherwise, is freely
to provide for the vacant office.
Can. 166 §1 The
one who presides over the college or group is to summon all those who belong to
the college or group. When it has to be personal, the summons is valid if it is
made in the place of domicile or quasi‑domicile or in the place of
residence.
§2 If someone who
should have been summoned was overlooked and was therefore absent, the election
is valid. However, if that person insists and gives proof of being overlooked
and of absence, the election, even if confirmed, must be rescinded by the
competent authority, provided it is juridically established that the recourse
was submitted within no more than three days of having received notification of
the election.
§3 If more than
one third of the voters were overlooked, the election is invalid by virtue of
the law itself, unless all those overlooked were in fact present.
Can. 167 §1 When
the summons has been lawfully made, those who are present on the day and in the
place specified in the summons have the right to vote. Unless it is otherwise
lawfully provided in the statutes, votes cast by letter or by proxy cannot be
admitted.
§2 If an elector
is present in the building in which the election is being held, but because of
infirmity is unable to be present at the election, a written vote is to be
sought from that person by the scrutineers.
Can. 168 Even if
someone has a right to vote in his or her own name by reason of a number of
titles, that person may cast only one vote.
Can. 169 In order
that an election be valid, no one may be allowed to vote who does not belong to
the college or group.
Can. 170 If the
freedom of an election has in any way been in fact impeded, the election is
invalid by virtue of the law itself.
Can. 171 §1 The
following are legally incapable of casting a vote:
1° one incapable
of a human act;
2° one lacking
active voice;
3° one who is
excommunicated, whether by judgement of a court or by a decree whereby this
penalty is imposed or declared;
4° one who notoriously
defected from communion with the Church.
§2 If any of the
above persons is admitted, the vote cast is invalid. The election, however, is
valid, unless it is established that, without this vote, the person elected
would not have gained the requisite number of votes.
Can. 172 §1 For a
vote to be valid, it must be:
1° free; a vote
is therefore invalid if, through grave fear or deceit, someone was directly or
indirectly made to choose a certain person or several persons separately;
2° secret,
certain, absolute and determinate.
§2 Conditions
attached to a vote before an election are to be considered non‑existent.
Can. 173 §1
Before an election begins, at least two scrutineers are to be appointed from
among the college or group.
§2 The
scrutineers are to collect the votes and, in the presence of the one who
presides at the election, to check whether the number of votes corresponds to
the number of electors; they are then to examine the votes and to announce how
many each person has received.
§3 If the number
of votes exceeds the number of electors, the act is null.
§4 All the
proceedings of an election are to be accurately recorded by the one who acts as
notary. They are to be signed at least by that notary, by the person who
presides and by the scrutineers, and they are to be carefully preserved in the
archive of the college.
Can. 174 §1
Unless the law or the statutes provide otherwise, an election can be made by
compromise, that is the electors by unanimous and written consent transfer the
right of election for this occasion to one or more suitable persons, whether
they belong to the college or are outside it, who in virtue of this authority
are to elect in the name of all.
§2 If the college
or group consists solely of clerics, the persons to whom the power of election
is transferred must be in sacred orders; otherwise the election is invalid.
§3 Those to whom
the power of election is transferred must observe the provisions of law
concerning an election and, for the validity of the election, they must observe
the conditions attached to the compromise, unless these conditions are contrary
to the law. Conditions which are contrary to the law are to be regarded as non‑existent.
Can. 175 A
compromise ceases, and the right to vote reverts to those who transferred it,
when:
1° it is revoked
by the college or group before it has been put into effect;
2° a condition
attached to the compromise has not been fulfilled;
3° the election
has been held, but invalidly.
Can. 176 Unless
it is otherwise provided in the law or the statutes, the person who has
received the requisite number of votes in accordance with can. 119, n. 1, is
deemed elected and is to be proclaimed by the person who presides over the
college or group.
Can. 177 §1 The
election is to be notified immediately to the person elected who must, within
eight canonical days from the receipt of notification of the election, intimate
to the person who presides over the college or group whether or not he or she
accepts the election; otherwise, the election has no effect.
§2 The person
elected who has not accepted loses every right deriving from the election, nor
is any right revived by subsequent acceptance; the person may, however, be
elected again. The college or group must proceed to a new election within a
month of being notified of non‑acceptance.
Can. 178 If the
election does not require confirmation, by accepting the election the person
elected immediately obtains the office with all its rights; otherwise, he or
she acquires only a right to the office.
Can. 179 §1 If
the election requires confirmation, the person elected must, either personally
or through another, ask for confirmation by the competent authority within
eight canonical days of acceptance of the office‑ otherwise that person
is deprived of every right, unless he or she has established that there was
just reason which prevented confirmation being sought.
§2 The competent
authority cannot refuse confirmation if he has found the person elected
suitable in accordance with can. 149 §1, and the election has been carried out
in accordance with the law.
§3 Confirmation
must be given in writing.
§4 Before
receiving notice of the confirmation, the person elected may not become
involved in the administration of the office, neither in spiritual nor in
material affairs; any acts possibly performed by that person are invalid.
§5 When
confirmation has been notified, the person elected obtains full right to the
office, unless the law provides otherwise.
Can. 180 §1 If a
canonical impediment, from which a dispensation is possible and customary,
stands in the way of the election of a person whom the electors judge more
suitable and prefer, they can, unless the law provides otherwise, postulate
that person from the competent authority.
§2 Those to whom
the power of electing has been transferred by compromise may not make a
postulation, unless this is expressly stated in the terms of the compromise.
Can. 181 §1 For a
postulation to have effect, at least two thirds of the votes are required.
§2 A vote for
postulation must be expressed by the term ‘I postulate’, or an equivalent. The
formula ‘I elect or postulate’, or its equivalent, is valid for election if
there is no impediment; otherwise, it is valid for postulation.
Can. 182 §1 The
postulation must be sent, within eight canonical days, by the person who
presides to the authority which is competent to confirm the election, to whom
it belongs to grant the dispensation from the impediment or, if he has not this
authority, to seek the dispensation from a superior authority. If confirmation
is not required, the postulation must be sent to the authority which is
competent to grant the dispensation.
§2 If the
postulation is not forwarded within the prescribed time, it is by that very
fact invalid, and the college or group is for that occasion deprived of the
right of election or of postulation, unless it is proved that the person
presiding was prevented by a just impediment from forwarding the postulation,
or did not do so in due time because of deceit or negligence.
§3 The person
postulated does not acquire any right from the postulation; the competent
authority is not obliged to admit the postulation.
§4 The electors
may not revoke a postulation made to the competent authority, except with the
consent of that authority.
Can. 183 §1 If a
postulation is not admitted by the competent authority the right of election
reverts to the college or group.
§2 If the
postulation has been admitted, this is to be notified to the person postulated,
who must reply in accordance with can. 177 §1.
§3 The person who
accepts a postulation which has been admitted immediately obtains full right to
the office.
Can. 184 §1 An
ecclesiastical office is lost on the expiry of a predetermined time; on
reaching the age limit defined by law; by resignation; by transfer; by removal;
by deprivation.
§2 An
ecclesiastical office is not lost on the expiry, in whatever way, of the
authority of the one by whom it was conferred, unless the law provides
otherwise.
§3 The loss of an
office, once it has taken effect, is to be notified as soon as possible to
those who have any right in regard to the provision of the office.
Can. 185 The
title ‘emeritus’ may be conferred on one who loses office by reason of age, or
of resignation which has been accepted.
Can. 186 Loss of
office by reason of the expiry of a predetermined time or of reaching the age
limit, has effect only from the moment that this is communicated in writing by
the competent authority.
Can. 187 Anyone
who is capable of personal responsibility can resign from an ecclesiastical
office for a just reason.
Can. 188 A
resignation which is made as a result of grave fear unjustly inflicted, or of
deceit, or of substantial error, or of simony, is invalid by virtue of the law
itself.
Can. 189 §1 For a
resignation to be valid, whether it requires acceptance or not, it must be made
to the authority which is competent to provide for the office in question, and
it must be made either in writing, or orally before two witnesses.
§2 The authority
is not to accept a resignation which is not based on a just and proportionate
reason.
§3 A resignation
which requires acceptance has no force unless it is accepted within three
months. One which does not require acceptance takes effect when the person
resigning communicates it in accordance with the law.
§4 Until a
resignation takes effect, it can be revoked by the person resigning. Once it
has taken effect, it cannot be revoked, but the person who resigned can obtain
the office on the basis of another title.
Can. 190 §1 A
transfer can be made only by the person who has the right to provide both for
the office which is lost and at the same time for the office which is being
conferred.
§2 A grave reason
is required if a transfer is made against the will of the holder of an office
and, always without prejudice to the right to present reasons against the
transfer, the procedure prescribed by law is to be observed.
§3 For a transfer
to have effect, it must be notified in writing.
Can. 191 §1 In
the process of transfer, the first office is vacated by the taking of canonical
possession of the other office, unless the law or the competent authority has
prescribed otherwise.
§2 The person
transferred receives the remuneration attached to the previous office until the
moment of obtaining canonical possession of the other office.
Can. 192 One is
removed from office either by a decree of the competent authority lawfully
issued, observing of course the rights possibly acquired from a contract, or by
virtue of the law in accordance with can. 194.
Can. 193 §1 No
one may be removed from an office which is conferred on a person for an
indeterminate time, except for grave reasons and in accordance with the
procedure defined by law.
§2 This also
applies to the removal from office before time of a person on whom an office is
conferred for a determinate time, without prejudice to can. 624 §3.
§3 When in
accordance with the provisions of law an office is conferred upon someone at
the prudent discretion of the competent authority, that person may, upon the
judgement of the same authority, be removed from the office for a just reason.
§4 For a decree
of removal to be effective, it must be notified in writing.
Can. 194 §1 The
following are removed from ecclesiastical office by virtue of the law itself:
1° one who has
lost the clerical state;
2° one who has
publicly defected from the catholic faith or from communion with the Church;
3° a cleric who
has attempted marriage, even a civil one.
§2 The removal
mentioned in nn. 2 and 3 can be insisted upon only if it is established by a
declaration of the competent authority.
Can. 195 If by a
decree of the competent authority, and not by the law itself, someone is
removed from an office on which that person’s livelihood depends, the same
authority is to ensure that the person’s livelihood is secure for an
appropriate time, unless this has been provided for in some other way.
Can. 196 §1
Deprivation of office, that is, as a punishment for an offence, may be effected
only in accordance with the law.
§2 Deprivation
takes effect in accordance with the provisions of the canons concerning penal
law.
Can. 197
Prescription, as a means of acquiring or of losing a subjective right, or as a
means of freeing oneself from obligations, is, apart from the exceptions
prescribed in the canons of this Code, accepted by the Church in the manner in
which it is adopted in the civil legislation of each country.
Can. 198 No
prescription is valid unless it is based on good faith, not only in its
beginning, but throughout the whole time required for the prescription, without
prejudice to can. 1362.
Can. 199 The
following are not affected by prescription:
1° rights and
obligations which are of divine law, whether natural or positive;
2° rights which
can be obtained only by apostolic privilege;
3° rights and
obligations which bear directly on the spiritual life of Christ’s faithful;
4° the certain
and undisputed boundaries of ecclesiastical territories;
5° Mass offerings
and obligations;
6° the provision
of an ecclesiastical office which, in accordance with the law, requires the
exercise of a sacred order;
7° the right of
visitation and the obligation of obedience, so that Christ’s faithful could not
be visited by an ecclesiastical authority and would no longer be subject to any
authority.
Can. 200 Unless
the law provides otherwise, time is to be reckoned in accordance with the
following canons.
Can. 201 §1
Continuous time means unbroken time.
§2 Canonical time
is time which a person can so use to exercise or to pursue a right that it does
not run when one is unaware, or when one is unable to act.
Can. 202 §1 In
law, a day is understood to be a space of twenty‑four hours, to be
reckoned continuously and, unless expressly provided otherwise, it begins at
midnight; a week is a space of seven days‑ a month is a space of thirty
days, and a year a space of three hundred and sixty‑five days, unless it
is stated that the month and the year are to be taken as in the calendar.
§2 If time is
continuous, the month and the year are always to be taken as in the calendar.
Can. 203 §1 The
first day is not to be counted in the total, unless its beginning coincides
with the beginning of the day, or unless the law expressly provides otherwise.
§2 Unless the
contrary is prescribed, the final day is to be reckoned within the total; if
the total time is one or more months, one or more years, one or more weeks, it
finishes on completion of the last day bearing the same number or, if the month
does not have the same number, on the completion of the last day of that month.
Can. 204 §1
Christ’s faithful are those who, since they are incorporated into Christ
through baptism, are constituted the people of God. For this reason they
participate in their own way in the priestly, prophetic and kingly office of
Christ. They are called, each according to his or her particular condition, to
exercise the mission which God entrusted to the Church to fulfil in the world.
§2 This Church,
established and ordered in this world as a society, subsists in the catholic
Church, governed by the successor of Peter and the Bishops in communion with
him.
Can. 205 Those
baptised are in full communion with the catholic Church here on earth who are
joined with Christ in his visible body, through the bonds of profession of
faith, the sacraments and ecclesiastical governance.
Can. 206 §1
Catechumens are linked with the Church in a special way since, moved by the
Holy Spirit, they are expressing an explicit desire to be incorporated in the
Church. By this very desire, as well as by the life of faith, hope and charity
which they lead, they are joined to the Church which already cherishes them as
its own.
§2 The Church has
a special care for catechumens. While it invites them to lead an evangelical
life, and introduces them to the celebration of the sacred rites, it already
accords them various prerogatives which are proper to christians.
Can. 207 §1 By
divine institution, among Christ’s faithful there are in the Church sacred
ministers, who in law are also called clerics‑ the others are called lay
people.
§2 Drawn from
both groups are those of Christ’s faithful who, professing the evangelical
counsels through vows or other sacred bonds recognised and approved by the
Church, are consecrated to God in their own special way and promote the
salvific mission of the Church. Their state, although it does not belong to the
hierarchical structure of the Church, does pertain to its life and holiness.
Can. 208 Flowing
from their rebirth in Christ, there is a genuine equality of dignity and action
among all of Christ’s faithful. Because of this equality they all contribute,
each according to his or her own condition and office, to the building up of
the Body of Christ.
Can. 209 §1
Christ’s faithful are bound to preserve their communion with the Church at all
times, even in their external actions.
§2 They are to
carry out with great diligence their responsibilities towards both the
universal Church and the particular Church to which by law they belong.
Can. 210 All
Christ’s faithful, each according to his or her own condition, must make a
wholehearted effort to lead a holy life, and to promote the growth of the
Church and its continual sanctification.
Can. 211 All
Christ’s faithful have the obligation and the right to strive so that the
divine message of salvation may more and more reach all people of all times and
all places.
Can. 212 §1
Christ’s faithful, conscious of their own responsibility, are bound to show
christian obedience to what the sacred Pastors, who represent Christ, declare
as teachers of the faith and prescribe as rulers of the Church.
§2 Christ’s
faithful are at liberty to make known their needs, especially their spiritual
needs, and their wishes to the Pastors of the Church.
§3 They have the
right, indeed at times the duty, in keeping with their knowledge, competence
and position, to manifest to the sacred Pastors their views on matters which
concern the good of the Church. They have the right also to make their views
known to others of Christ’s faithful, but in doing so they must always respect
the integrity of faith and morals, show due reverence to the Pastors and take
into account both the common good and the dignity of individuals.
Can. 213 Christ’s
faithful have the right to be assisted by their Pastors from the spiritual
riches of the Church, especially by the word of God and the sacraments.
Can. 214 Christ’s
faithful have the right to worship God according to the provisions of their own
rite approved by the lawful Pastors of the Church; they also have the right to
follow their own form of spiritual life, provided it is in accord with Church
teaching.
Can. 215 Christ’s
faithful may freely establish and direct associations which serve charitable or
pious purposes or which foster the christian vocation in the world, and they
may hold meetings to pursue these purposes by common effort.
Can. 216 Since
they share the Church’s mission, all Christ’s faithful have the right to
promote and support apostolic action, by their own initiative, undertaken
according to their state and condition. No initiative, however, can lay claim
to the title ‘catholic’ without the consent of the competent ecclesiastical
authority.
Can. 217 Since
Christ’s faithful are called by baptism to lead a life in harmony with the
gospel teaching, they have the right to a christian education, which genuinely
teaches them to strive for the maturity of the human person and at the same
time to know and live the mystery of salvation.
Can. 218 Those
who are engaged in fields of sacred study have a just freedom to research
matters in which they are expert and to express themselves prudently concerning
them, with due allegiance to the magisterium of the Church.
Can. 219 All
Christ’s faithful have the right to immunity from any kind of coercion in
choosing a state in life.
Can. 220 No one
may unlawfully harm the good reputation which a person enjoys, or violate the
right of every person to protect his or her privacy.
Can. 221 §1
Christ’s faithful may lawfully vindicate and defend the rights they enjoy in
the Church, before the competent ecclesiastical forum in accordance with the
law.
§2 If any members
of Christ’s faithful are summoned to trial by the competent authority, they
have the right to be judged according to the provisions of the law, to be
applied with equity.
§3 Christ’s
faithful have the right that no canonical penalties be inflicted upon them
except in accordance with the law.
Can. 222 §1
Christ’s faithful have the obligation to provide for the needs of the Church,
so that the Church has available to it those things which are necessary for
divine worship, for apostolic and charitable work and for the worthy support of
its ministers.
§2 They are also
obliged to promote social justice and, mindful of the Lord’s precept, to help
the poor from their own resources.
Can. 223 §1 In
exercising their rights, Christ’s faithful, both individually and in
associations, must take account of the common good of the Church, as well as
the rights of others and their own duties to others.
§2 Ecclesiastical
authority is entitled to regulate, in view of the common good, the exercise of
rights which are proper to Christ’s faithful.
Can. 224 Lay
members of Christ’s faithful have the duties and rights enumerated in the
canons of this title, in addition to those duties and rights which are common
to all Christ’s faithful and those stated in other canons.
Can. 225 §1 Since
lay people, like all Christ’s faithful, are deputed to the apostolate by
baptism and confirmation, they are bound by the general obligation and they
have the right, whether as individuals or in associations, to strive so that
the divine message of salvation may be known and accepted by all people
throughout the world. This obligation is all the more insistent in
circumstances in which only through them are people able to hear the Gospel and
to know Christ.
§2 They have
also, according to the condition of each, the special obligation to permeate
and perfect the temporal order of things with the spirit of the Gospel. In this
way, particularly in conducting secular business and exercising secular
functions, they are to give witness to Christ.
Can. 226 §1 Those
who are married are bound by the special obligation, in accordance with their
own vocation, to strive for the building up of the people of God through their
marriage and family.
§2 Because they
gave life to their children, parents have the most serious obligation and the
right to educate them. It is therefore primarily the responsibility of
christian parents to ensure the christian education of their children in
accordance with the teaching of the Church.
Can. 227 To lay members
of Christ’s faithful belongs the right to have acknowledged as theirs that
freedom in secular affairs which is common to all citizens. In using this
freedom, however, they are to ensure that their actions are permeated with the
spirit of the Gospel, and they are to heed the teaching of the Church proposed
by the magisterium, but they must be on guard, in questions of opinion, against
proposing their own view as the teaching of the Church.
Can. 228 §1 Lay
people who are found to be suitable are capable of being admitted by the sacred
Pastors to those ecclesiastical offices and functions which, in accordance with
the provisions of law, they can discharge.
§2 Lay people who
are outstanding in the requisite knowledge, prudence and integrity, are capable
of being experts or advisors, even in councils in accordance with the law, in
order to provide assistance to the Pastors of the Church.
Can. 229 §1 Lay
people have the duty and the right to acquire the knowledge of christian
teaching which is appropriate to each one’s capacity and condition, so that
they may be able to live according to this teaching, to proclaim it and if
necessary to defend it, and may be capable of playing their part in the
exercise of the apostolate.
§2 They also have
the right to acquire that fuller knowledge of the sacred sciences which is
taught in ecclesiastical universities or faculties or in institutes of
religious sciences, attending lectures there and acquiring academic degrees.
§3 Likewise,
assuming that the provisions concerning the requisite suitability have been
observed, they are capable of receiving from the lawful ecclesiastical
authority a mandate to teach the sacred sciences.
Can. 230 §1 Lay
men whose age and talents meet the requirements prescribed by decree of the
Episcopal Conference, can be given the stable ministry of lector and of
acolyte, through the prescribed liturgical rite. This conferral of ministry
does not, however, give them a right to sustenance or remuneration from the
Church.
§2 Lay people can
receive a temporary assignment to the role of lector in liturgical actions.
Likewise, all lay people can exercise the roles of commentator, cantor or other
such, in accordance with the law.
§3 Where the
needs of the Church require and ministers are not available, lay people, even
though they are not lectors or acolytes, can supply certain of their functions,
that is, exercise the ministry of the word, preside over liturgical prayers,
confer baptism and distribute Holy Communion, in accordance with the provisions
of the law.
Can. 231 §1 Lay
people who are pledged to the special service of the Church, whether
permanently or for a time, have a duty to acquire the appropriate formation
which their role demands, so that they may conscientiously, earnestly and
diligently fulfil this role.
§2 Without
prejudice to the provisions of can. 230 §1, they have the right to a worthy
remuneration befitting their condition, whereby, with due regard also to the
provisions of the civil law, they can becomingly provide for their own needs
and the needs of their families. Likewise, they have the right to have their
insurance, social security and medical benefits duly safeguarded.
Can. 232 It is
the duty and the proper and exclusive right of the Church to train those who
are deputed to sacred ministries.
Can. 233 §1 It is
the duty of the whole christian community to foster vocations so that the needs
of the sacred ministry are sufficiently met in the entire Church. In
particular, this duty binds christian families, educa tors and, in a special
way, priests, especially parish priests. DiocesanBishops, who must show the
greatest concern to promote vocations, are to instruct the people entrusted to
them on the importance of the sacred ministry and the need for ministers in the
Church. They are to encourage and support initiatives to promote vocations,
especially movements established for this purpose.
§2 Moreover,
priests and especially diocesan Bishops are to be solicitous that men of more
mature years who believe they are called to the sacred ministries are prudently
assisted by word and deed and are duly prepared.
Can. 234 §1 Minor
seminaries and other institutions of a similar nature promote vocations by
providing a special religious formation, allied to human and scientific
education‑ where they exist, they are to be retained and fostered.
Indeed, where the diocesan Bishop considers it expedient, he is to provide for
the establishment of a minor seminary or similar institution.
§2 Unless the
circumstances of certain situations suggest otherwise, young men who aspire to
the priesthood are to receive that same human and scientific formation which
prepares their peers in their region for higher studies.
Can. 235 §1 Young
men who intend to become priests are to receive the appropriate religious
formation and instruction in the duties proper to the priesthood in a major
seminary, for the whole of the time of formation or, if in the judgement of the
diocesan Bishop circumstances require it, for at least four years.
§2 Those who
lawfully reside outside the seminary are to be entrusted by the diocesan Bishop
to a devout and suitable priest, who will ensure that they are carefully formed
in the spiritual life and in discipline.
Can. 236 Those
who aspire to the permanent diaconate are to be formed in the spiritual life
and appropriately instructed in the fulfilment of the duties proper to that
order, in accordance with the provisions made by the Episcopal Conference:
1° young men are
to reside for at least three years in a special houseunless the diocesan Bishop
for grave reasons decides otherwise,
2° men of more
mature years, whether celibate or married, are toprepare for three years in a
manner determined by the same Episcopal Conference.
Can. 237 §1 Where
it is possible and advisable, each diocese is to have a major seminary;
otherwise, students preparing for the sacred ministries are to be sent to the
seminary of another diocese, or an inter‑diocesan seminary is to be
established.
§2 An inter‑diocesan
seminary may not be established unless the prior approval of the Apostolic See
has been obtained, both for the establishment of the seminary and for its
statutes. Approval is also required from the Episcopal Conference if the
seminary is for the whole of its territory; otherwise, from the Bishops
concerned.
Can. 238 §1
Seminaries which are lawfully established have juridical personality in the
Church by virtue of the law itself.
§2 In the conduct
of all its affairs, the rector acts in the person of the seminary, unless for
certain matters the competent authority has prescribed otherwise.
Can. 239 §1 In
all seminaries there is to be a rector who presides over it, a vice‑rector,
if circumstances warrant this, and a financial administrator. Moreover, if the
students follow their studies in the seminary, there are to be professors who
teach the various subjects in a manner suitably coordinated between them.
§2 In every
seminary there is to be at least one spiritual director, though the students
are also free to approach other priests who have been deputed to this work by
the Bishop.
§3 The seminary
statutes are to determine the manner in which the other moderators, the
professors and indeed the students themselves, are to participate in the
rector’s responsibility, especially in regard to the maintenance of discipline.
Can. 240 §1
Besides ordinary confessors, other confessors are to come regularly to the
seminary; while maintaining seminary discipline, the students are always to be
free to approach any confessor, whether inside or outside the seminary.
§2 In deciding
about the admission of students to orders, or their dismissal from the
seminary, the vote of the spiritual director and the confessors may never be
sought.
Can. 241 §1 The
diocesan Bishop is to admit to the major seminary only those whose human,
moral, spiritual and intellectual gifts, as well as physical and psychological
health and right intention, show that they are capable of dedicating themselves
permanently to the sacred ministries.
§2 Before they
are accepted, they must submit documentation of their baptism and confirmation,
and whatever else is required by the provisions of the Charter of Priestly
Formation.
§3 If there is
question of admitting those who have been dismissed from another seminary or
religious institute, there is also required the testimony of the respective
superior, especially concerning the reason for their dismissal or departure.
Can. 242 §1 In
each country there is to be a Charter of Priestly Formation. It is to be drawn
up by the Episcopal Conference, taking account of the norms issued by the
supreme ecclesiastical authority, and it is to be approved by the Holy See;
moreover, it is to be adapted to new circumstances, likewise with the approval
of the Holy See. This Charter is to define the overall principles governing
formation in the seminary and the general norms which take account of the
pastoral needs of each region or province.
§2 The norms of
the Charter mentioned in §1 are to be observed in all seminaries, whether
diocesan or inter‑diocesan.
Can. 243 In
addition, each seminary is to have its own rule, approved by the diocesan
Bishop or, in the case of an inter‑diocesan seminary, by the Bishops
concerned. In this, the norms of the Charter of Priestly Formation are to be
adapted to the particular circumstances and developed in greater detail,
especially on points of discipline affecting the daily life of the students and
the good order of the entire seminary.
Can. 244 The
spiritual formation and the doctrinal instruction of the students in a seminary
are to be harmoniously blended. They are to be so planned that the students,
each according to his talents, simultaneously develop the requisite human
maturity and acquire the spirit of the Gospel and a close relationship with
Christ.
Can. 245 §1
Through their spiritual formation students are to be fitted for the fruitful
exercise of the pastoral ministry, and are to be inculcated with a sense of
mission. They are to learn that a ministry which is always exercised with
lively faith and charity contributes effectively to their personal
sanctification. They are to learn to cultivate those virtues which are highly
valued in human relationships, in such a way that they can arrive at an
appropriate harmony between human and supernatural values.
§2 Students are
to be so trained that, filled with love for Christ’s Church, they are linked to
the Roman Pontiff, the successor of Peter, in humble and filial charity, to
their own Bishop as his faithful co‑workers and to their brethren in
friendly cooperation. Through the common life in the seminary, and by
developing relationships of friendship and of association with others, they are
to be prepared for the fraternal unity of the diocesan presbyterium, in whose
service of the Church they will share.
Can. 246 §1 The
celebration of the Eucharist is to be the centre of the whole life of the
seminary, so that the students, participating in the very charity of Christ,
may daily draw strength of soul for their apostolic labour and for their
spiritual life particularly from this richest of sources.
§2 They are to be
formed in the celebration of the liturgy of the hours, by which the ministers
of God, in the name of the Church, intercede with Him for all the people
entrusted to them, and indeed for the whole world.
§3 Devotion to
the Blessed Virgin Mary, including the rosary, mental prayer and other
exercises of piety are to be fostered, so that the students may acquire the
spirit of prayer and be strengthened in their vocation.
§4 The students
are to become accustomed to approach the sacrament of penance frequently. It is
recommended that each should have a director of his spiritual life, freely
chosen, to whom he can trustfully reveal his conscience.
§5 Each year the
students are to make a spiritual retreat.
Can. 247 §1 By
appropriate instruction they are to be prepared to observe celibacy and to
learn to hold it in honour as a special gift of God.
§2 The students
are to be given all the requisite knowledge concerning the duties and burdens
which are proper to the sacred ministers of the Church, concealing none of the
difficulties of the priestly life.
Can. 248 The
doctrinal formation given is to be so directed that the students may acquire a
wide and solid teaching in the sacred sciences, together with a general culture
which is appropriate to the needs of place and time. As a result, with their
own faith founded on and nourished by this teaching, they ought to be able
properly to proclaim the Gospel to the people of their own time, in a fashion
suited to the manner of the people’s thinking.
Can. 249 The
Charter of Priestly Formation is to provide that the students are not only
taught their native language accurately, but are also well versed in latin, and
have a suitable knowledge of other languages which would appear to be necessary
or useful for their formation or for the exercise of their pastoral ministry.
Can. 250 The
philosophical and theological studies which are organised in the seminary
itself may be conducted either in succession or conjointly, in accordance with
the Charter of Priestly Formation. These studies are to take at least six full
years, in such a way that the time given to philosophical studies amounts to
two full years and that allotted to theological studies to four full years.
Can. 251
Philosophical formation must be based on the philosophical heritage that is
perennially valid, and it is also to take account of philosophical
investigations over the course of time. It is to be so given that it furthers
the human formation of the students, sharpens their mental edge and makes them
more fitted to engage in theological studies.
Can. 252 §1
Theological formation, given in the light of faith and under the guidance of
the magisterium, is to be imparted in such a way that the students learn the
whole of catholic teaching, based on divine Revelation, that they make it a
nourishment of their own spiritual lives, and that in the exercise of the
ministry they may be able properly to proclaim and defend it.
§2 Students are
to be instructed with special care in sacred Scripture, so that they may
acquire an insight into the whole of sacred Scripture.
§3 Lectures are
to be given in dogmatic theology, based always on the written word of God and
on sacred Tradition; through them the students are to learn to penetrate more
deeply into the mysteries of salvation, with St. Thomas in particular as their
teacher. Lectures are also to be given in moral and pastoral theology, canon
law, liturgy, ecclesiastical history, and other auxiliary and special
disciplines, in accordance with the provisions of the Charter on Priestly
Formation.
Can. 253 §1 The
Bishop or the Bishops concerned are to appoint as teachers in philosophical,
theological and juridical subjects only those who are of outstanding virtue and
have a doctorate or a licentiate from a university or faculty recognised by the
Holy See.
§2 Care is to be
taken that different professors are appointed for sacred Scripture, dogmatic
theology, moral theology, liturgy, philosophy, canon law and church history,
and for other disciplines which are to be taught by their own distinctive
methods.
§3 A professor
who seriously fails in his or her duty is to be removed by the authority
mentioned in §1.
Can. 254 §1 In
their lectures, the professors are to be continuously attentive to the intimate
unity and harmony of the entire doctrine of faith, so that the students are
aware that they are learning one science. To ensure this, there is to be
someone in the seminary who is in charge of the overall organisation of
studies.
§2 The students
are to be taught in such a way that they themselves are enabled to research
various questions in the scientific way appropriate to each question. There
are, therefore, to be assignments in which, under the guidance of the
professors, the students learn to work out certain subjects by their own
efforts.
Can. 255 Although
the whole formation of students in the seminary has a pastoral purpose, a
specifically pastoral formation is also to be provided there; in this the
students are to learn the principles and the techniques which, according to the
needs of place and time, are relevant to the ministry of teaching, sanctifying
and ruling the people of God.
Can. 256 §1
Students are to be carefully instructed in whatever especially pertains to the
sacred ministry, particularly in catechetics and homiletics, in divine worship
and in a special way in the celebration of the sacraments, in dealing with
people, including non‑catholics and unbelievers, in parish administration
and in the fulfilment of other tasks.
§2 The students
are to be instructed about the needs of the universal Church, so that they may
have a solicitude for encouraging vocations, for missionary and ecumenical
questions, and for other pressing matters, including social problems.
Can. 257 §1 The
formation of students is to ensure that they are concerned not only for the
particular Church in which they are incardinated, but also for the universal
Church, and that they are ready to devote themselves to particular Churches
which are beset by grave need.
§2 The diocesan
Bishop is to ensure that clerics who intend to move from their own particular
Church to a particular Church in another region, are suitably prepared to
exercise the sacred ministry there, that is, that they learn the language of
the region, and have an understanding of its institutions, social conditions,
usages and customs.
Can. 258 In order
that the students may also by practice learn the art of exercising the
apostolate, they are in the course of their studies, and especially during
holiday time, to be initiated into pastoral practice by suitable assignments,
always under the supervision of an experienced priest. These assignments,
appropriate to the age of the student and the conditions of the place, are to
be determined by the Ordinary.
Can. 259 §1 It
belongs to the diocesan Bishop or, in the case of an inter‑diocesan
seminary, to the Bishops concerned to determine those matters which concern the
overall control and administration of the seminary.
§2 The diocesan
Bishop or, in the case of an inter‑diocesan seminary, the Bishops
concerned, are frequently to visit the seminary in person. They are to oversee
the formation of their students, and the philosophical and theological
instruction given in the seminary. They are to inform themselves about the
vocation, character, piety and progress of the students, in view particularly
to the conferring of sacred orders.
Can. 260 In the
fulfilment of their duties, all must obey the rector, who is responsible for
the day to day direction of the seminary, in accordance with the norms of the
Charter of Priestly Formation and the rule of the seminary.
Can. 261 §1 The
rector of the seminary is to ensure that the students faithfully observe the
norms of the Charter of Priestly Formation and the rule of the seminary; under
his authority, and according to their different positions, the moderators and
professors have the same responsibility.
Can. 262 The
seminary is to be exempt from parochial governance. For all those in the
seminary, the function of the parish priest is to be discharged by the rector
of the seminary or his delegate, with the exception of matters concerning
marriage and without prejudice to the provisions of can. 985.
Can. 263 The
diocesan Bishop must ensure that the building and maintenance of the seminary,
the support of the students, the remuneration of the teachers and the other
needs of the seminary are provided for. In an inter‑diocesan seminary
this responsibility devolves upon the Bishops concerned, each to the extent
allotted by their common agreement.
Can. 264 §1 To
provide for the needs of the seminary, the Bishop can, apart from the
collection mentioned in can. 1266, impose a levy in the diocese.
§2 Every
ecclesiastical juridical person is subject to the levy for the seminary,
including even private juridical persons, which have a centre in the diocese.
Exception is made for those whose sole support comes from alms, or in which
there is actually present a college of students or of teachers for furthering
the common good of the Church. This levy should be general, proportionate to
the revenue of those who are subject to it and calculated according to the
needs of the seminary.
Can. 265 Every
cleric must be incardinated in a particular church, or in a personal Prelature,
or in an institute of consecrated life or a society which has this faculty:
accordingly, acephalous or ‘wandering’ clergy are in no way to be allowed.
Can. 266 §1 By
the reception of the diaconate a person becomes a cleric, and is incardinated
in the particular Church or personal Prelature for whose service he is
ordained.
§2 A member who
is perpetually professed in a religious institute, or who is definitively
incorporated into a clerical society of apostolic life, is by the reception of
the diaconate incardinated as a cleric in that institute or society unless, in
the case of a society, the constitutions determine otherwise.
§3 A member of a
secular institute is by the reception of the diaconate incardinated into the
particular Church for whose service he was ordained, unless by virtue of a
concession of the Apostolic See he is incardinated into the institute itself.
Can. 267 §1 To be
validly incardinated in another particular Church, a cleric who is already
incardinated must obtain a letter of excardination signed by the diocesan
Bishop, and in the same way a letter of incardination signed by the diocesan
Bishop of the particular Church in which he wishes to be incardinated.
§2 Excardination
granted in this way does not take effect until incardination is obtained in the
other particular Church.
Can. 268 §1 A
cleric who has lawfully moved from his own particular Church to another is, by
virtue of the law itself, incardinated in that latter Church after five years,
if he has declared this intention in writing to both the diocesan Bishop of the
host diocese and his own diocesan Bishop, and neither of the two Bishops has indicated
opposition in writing within four months of receiving the cleric’s written
request.
§2 By perpetual
or definitive admission into an institute of consecrated life or a society of
apostolic life, a cleric who in accordance with can. 266 is incardinated in
that institute or society, is excardinated from his own particular Church.
Can. 269 A
diocesan Bishop is not to incardinate a cleric unless:
1° the need or
the advantage of his particular Church requires it and the provisions of law
concerning the worthy support of the cleric are observed;
2° he knows by a
lawful document that excardination has been granted, and has also obtained from
the excardinating Bishop, under secrecy if need be, appropriate testimonials
concerning the cleric’s life, behaviour and studies;
3° the cleric
declares in writing to the same Bishop that he wishes to enter the service of
the new particular Church in accordance with the norms of law.
Can. 270
Excardination can be lawfully granted only for a just reason, such as the
advantage of the Church or the good of the cleric. It may not, however, be
refused unless grave reasons exist; it is lawful for a cleric who considers
himself to be unfairly treated and who has a Bishop to receive him, to have
recourse against the decision.
Can. 271 §1
Except for a grave need of his own particular Church, a Bishop is not to refuse
clerics seeking permission to move whom he knows to be prepared and considers
suitable to exercise the ministry in regions which suffer from a grave shortage
of clergy. He is to ensure, however, that the rights and duties of these
clerics are determined by written agreement with the diocesan Bishop of the
place to which they wish to move.
§2 A Bishop can
give permission to his clerics to move to another particular Church for a
specified time. Such permission can be renewed several times, but in such a way
that the clerics remain incardinated in their own particular Church, and on
returning there enjoy all the rights which they would have had if they had
ministered there.
§3 A cleric who
lawfully moves to another particular Church while remaining incardinated in his
own, may for a just reason be recalled by his own Bishop, provided the
agreements entered into with the other Bishop are honoured and natural equity
is observed. Under the same conditions, the Bishop of the other particular
Church can for a just reason refuse the cleric permission to reside further in
his territory.
Can. 272 The
diocesan Administrator cannot grant excardination nor incardination, nor permission
to move to another particular Church, unless the episcopal see has been vacant
for a year, and he has the consent of the college of consultors.
Can. 273 Clerics
have a special obligation to show reverence and obedience to the Supreme
Pontiff and to their own Ordinary.
Can. 274 §1 Only
clerics can obtain offices the exercise of which requires the power of order or
the power of ecclesiastical governance.
§2 Unless excused
by a lawful impediment, clerics are obliged to accept and faithfully fulfil the
office committed to them by their Ordinary.
Can. 275 §1 Since
all clerics are working for the same purpose, namely the building up of the
body of Christ, they are to be united with one another in the bond of
brotherhood and prayer. They are to seek to cooperate with one another, in
accordance with the provisions of particular law.
§2 Clerics are to
acknowledge and promote the mission which the laity, each for his or her part,
exercises in the Church and in the world.
Can. 276 §1
Clerics have a special obligation to seek holiness in their lives, because they
are consecrated to God by a new title through the reception of orders, and are
stewards of the mysteries of God in the service of His people.
§2 In order that
they can pursue this perfection:
1° they are in
the first place faithfully and untiringly to fulfil the obligations of their
pastoral ministry;
2° they are to
nourish their spiritual life at the twofold table of the sacred Scripture and
the Eucharist; priests are therefore earnestly invited to offer the eucharistic
Sacrifice daily, and deacons to participate daily in the offering;
3° priests, and
deacons aspiring to the priesthood, are obliged to carry out the liturgy of the
hours daily, in accordance with their own approved liturgical books; permanent
deacons are to recite that part of it determined by the Episcopal Conference;
4° they are also
obliged to make spiritual retreats, in accordance with the provision of
particular law;
5° they are
exhorted to engage regularly in mental prayer, to approach the sacrament of
penance frequently, to honour the Virgin Mother of God with particular
veneration, and to use other general and special means to holiness.
Can. 277 §1
Clerics are obliged to observe perfect and perpetual continence for the sake of
the Kingdom of heaven, and are therefore bound to celibacy. Celibacy is a
special gift of God by which sacred ministers can more easily remain close to
Christ with an undivided heart, and can dedicate themselves more freely to the
service of God and their neighbour.
§2 Clerics are to
behave with due prudence in relation to persons whose company can be a danger
to their obligation of preserving continence or can lead to scandal of the
faithful.
§3 The diocesan
Bishop has authority to establish more detailed rules concerning this matter,
and to pass judgement on the observance of the obligation in particular cases.
Can. 278 §1 The
secular clergy have the right of association with others for the achievement of
purposes befitting the clerical state.
§2 The secular
clergy are to hold in high esteem those associations especially whose statutes
are recognised by the competent authority and which, by a suitable and well
tried rule of life and by fraternal support, promote holiness in the exercise
of their ministry and foster the unity of the clergy with one another and with
their Bishop.
§3 Clerics are to
refrain from establishing or joining associations whose purpose or activity
cannot be reconciled with the obligations proper to the clerical state, or
which can hinder the diligent fulfilment of the office entrusted to them by the
competent ecclesiastical authority.
Can. 279 §1
Clerics are to continue their sacred studies even after ordination to the
priesthood. They are to hold to that solid doctrine based on sacred Scripture
which has been handed down by our forebears and which is generally received in
the Church, as set out especially in the documents of the Councils and of the
Roman Pontiffs. They are to avoid profane novelties and pseudo‑science.
§2 Priests are to
attend pastoral courses to be arranged for them after their ordination, in
accordance with the provisions of particular law. At times determined by the
same law, they are to attend other courses, theological meetings or
conferences, which offer them an occasion to acquire further knowledge of the
sacred sciences and of pastoral methods.
§3 They are also
to seek a knowledge of other sciences, especially those linked to the sacred
sciences, particularly insofar as they benefit the exercise of the pastoral
ministry.
Can. 280 Some
manner of common life is highly recommended to clerics; where it exists, it is
as far as possible to be maintained.
Can. 281 §1 Since
clerics dedicate themselves to the ecclesiastical ministry, they deserve the
remuneration that befits their condition, taking into account both the nature
of their office and the conditions of time and place. It is to be such that it
provides for the necessities of their life and for the just remuneration of
those whose services they need.
§2 Suitable
provision is likewise to be made for such social welfare as they may need in
infirmity, sickness or old age.
§3 Married
deacons who dedicate themselves full‑time to the ecclesiastical ministry
deserve remuneration sufficient to provide for themselves and their families.
Those, however, who receive a remuneration by reason of a secular profession
which they exercise or exercised, are to see to their own and to their
families’ needs from that income.
Can. 282 §1
Clerics are to follow a simple way of life and avoid anything which smacks of
worldliness.
§2 Goods which
they receive on the occasion of the exercise of an ecclesiastical office, and
which are over and above what is necessary for their worthy upkeep and the
fulfilment of all the duties of their state, they may well wish to use for the
good of the Church and for charitable works.
Can. 283 §1
Clerics, even if they do not have a residential office, are not to be absent
from their diocese for a considerable time, to be determined by particular law,
without the at least presumed permission of their proper Ordinary.
§2 They may,
however, take a rightful and sufficient holiday every year, for the length of
time determined by general or by particular law.
Can. 284 Clerics
are to wear suitable ecclesiastical dress, in accordance with the norms
established by the Episcopal Conference and legitimate local custom.
Can. 285 §1
Clerics are to shun completely everything that is unbecoming to their state, in
accordance with the provisions of particular law.
§2 Clerics are to
avoid whatever is foreign to their state, even when it is not unseemly.
§3 Clerics are
forbidden to assume public office whenever it means sharing in the exercise of
civil power.
§4 Without the
permission of their Ordinary, they may not undertake the administration of
goods belonging to lay people, or secular offices which involve the obligation
to render an account. They are forbidden to act as surety, even concerning their
own goods, without consulting their proper Ordinary. They are not to sign
promissory notes which involve the payment of money but do not state the
reasons for the payment.
Can. 286 Clerics
are forbidden to practise commerce or trade, either personally or through
another, for their own or another’s benefit, except with the permission of the
lawful ecclesiastical authority.
Can. 287 §1
Clerics are always to do their utmost to foster among people peace and harmony
based on justice.
§2 They are not
to play an active role in political parties or in directing trade unions
unless, in the judgement of the competent ecclesiastical authority, this is
required for the defence of the rights of the Church or to promote the common
good.
Can. 288
Permanent deacons are not bound by the provisions of cann. 284, 285 §§3 and 4,
286, 287 §2, unless particular law states otherwise.
Can. 289 §1 As
military service ill befits the clerical state, clerics and candidates for
sacred orders are not to volunteer for the armed services without the
permission of their Ordinary.
§2 Clerics are to
take advantage of exemptions from exercising functions and public civil offices
foreign to the clerical state, which are granted in their favour by law,
agreements or customs, unless their proper Ordinary has in particular cases
decreed otherwise.
Can. 290 Sacred
ordination once validly received never becomes invalid. A cleric, however,
loses the clerical state:
1° by a judgement
of a court or an administrative decree, declaring the ordination invalid;
2° by the penalty
of dismissal lawfully imposed;
3° by a rescript
of the Apostolic See; this rescript, however, is granted to deacons only for
grave reasons and to priests only for the gravest of reasons.
Can. 291 Apart
from the cases mentioned in can. 290, n. 1, the loss of the clerical state does
not carry with it a dispensation from the obligation of celibacy, which is
granted solely by the Roman Pontiff.
Can. 292 A cleric
who loses the clerical state in accordance with the law, loses thereby the
rights that are proper to the clerical state and is no longer bound by any
obligations of the clerical state, without prejudice to can. 291. He is
prohibited from exercising the power of order, without prejudice to can. 976.
He is automatically deprived of all offices and roles and of any delegated
power.
Can. 293 A cleric
who has lost the clerical state cannot be enrolled as a cleric again save by
rescript of the Apostolic See.
Can. 294 Personal
prelatures may be established by the Apostolic See after consultation with the
Episcopal Conferences concerned. They are composed of deacons and priests of
the secular clergy. Their purpose is to promote an appropriate distribution of
priests, or to carry out special pastoral or missionary enterprises in
different regions or for different social groups.
Can. 295 §1 A
personal prelature is governed by statutes laid down by the Apostolic See. It
is presided over by a Prelate as its proper Ordinary. He has the right to
establish a national or an international seminary, and to incardinate students
and promote them to orders with the title of service of the prelature.
§2 The Prelate
must provide both for the spiritual formation of those who are ordained with
this title, and for their becoming support.
Can. 296 Lay
people can dedicate themselves to the apostolic work of a personal prelature by
way of agreements made with the prelature. The manner of this organic
cooperation and the principal obligations and rights associated with it, are to
be duly defined in the statutes.
Can. 297 The
statutes are likewise to define the relationships of the prelature with the
local Ordinaries in whose particular Churches the prelature, with the prior
consent of the diocesan Bishop, exercises or wishes to exercise its pastoral or
missionary activity.
Can. 298 §1 In
the Church there are associations which are distinct from institutes of consecrated
life and societies of apostolic life. In these associations, Christ’s faithful,
whether clerics or laity, or clerics and laity together, strive with a common
effort to foster a more perfect life, or to promote public worship or christian
teaching. They may also devote themselves to other works of the apostolate,
such as initiatives for evangelisation, works of piety or charity, and those
which animate the temporal order with the christian spirit.
§2 Christ’s
faithful are to join especially those associations which have been established,
praised or recommended by the competent ecclesiastical authority.
Can. 299 §1 By
private agreement among themselves, Christ’s faithful have the right to
constitute associations for the purposes mentioned in can. 298 §1, without
prejudice to the provisions of can. 301 §1.
§2 Associations
of this kind, even though they may be praised or commended by ecclesiastical
authority, are called private associations.
§3 No private
association of Christ’s faithful is recognised in the Church unless its
statutes have been reviewed by the competent authority.
Can. 300 No
association may call itself ‘catholic’ except with the consent of the competent
ecclesiastical authority, in accordance with can. 312.
Can. 301 §1 It is
for the competent ecclesiastical authority alone to establish associations of
Christ’s faithful which intend to impart Christian teaching in the name of the
Church, or to promote public worship, or which are directed to other ends whose
pursuit is of its nature reserved to the same ecclesiastical authority.
§2 The competent
ecclesiastical authority, if it judges it expedient, can also establish
associations of Christ’s faithful to pursue, directly or indirectly, other
spiritual ends whose attainment is not adequately provided for by private
initiatives.
§3 Associations
of Christ’s faithful which are established by the competent ecclesiastical
authority are called public associations.
Can. 302
Associations of Christ’s faithful are called clerical when they are under the
direction of clerics, presuppose the exercise of sacred orders, and are
acknowledged as such by the competent authority.
Can. 303
Associations whose members live in the world but share in the spirit of some
religious institute, under the overall direction of the same institute, and who
lead an apostolic life and strive for Christian perfection, are known as third
orders, or are called by some other suitable title.
Can. 304 §1 All
associations of Christ’s faithful, whether public or private, by whatever title
or name they are called, are to have their own statutes. These are to define
the purpose or social objective of the association, its centre, its governance
and the conditions of membership. They are also to specify the manner of action
of the association, paying due regard to what is necessary or useful in the
circumstances of the time and place.
§2 Associations
are to select for themselves a title or name which is in keeping with the
practices of the time and place, especially one derived from the purpose they
intend.
Can. 305 §1 All
associations of Christ’s faithful are subject to the supervision of the
competent ecclesiastical authority. This authority is to ensure that integrity
of faith and morals is maintained in them and that abuses in ecclesiastical
discipline do not creep in. The competent authority has therefore the duty and
the right to visit these associations, in accordance with the law and the
statutes. Associations are also subject to the governance of the same authority
in accordance with the provisions of the canons which follow.
§2 Associations
of every kind are subject to the supervision of the Holy See. Diocesan
associations are subject to the supervision of the local Ordinary, as are other
associations to the extent that they work in the diocese.
Can. 306 To enjoy
the rights and privileges, indulgences and other spiritual favours granted to
an association, it is necessary and sufficient that a person be validly
received into the association in accordance with the provisions of the law and
with the association’s own statutes, and be not lawfully dismissed from it.
Can. 307 §1 The
admission of members is to take place in accordance with the law and with the
statutes of each association.
§2 The same
person can be enrolled in several associations.
§3 In accordance
with their own law, members of religious institutes may, with the consent of
their Superior, join associations.
Can. 308 No one
who was lawfully admitted is to be dismissed from an association except for a
just reason, in accordance with the law and the statutes.
Can. 309
Associations that are lawfully established have the right, in accordance with
the law and the statutes, to make particular norms concerning the association,
for the holding of meetings, and for the appointment of moderators, officials,
ministers and administrators of goods.
Can. 310 A
private association which has not been constituted a juridical person cannot,
as such, be the subject of duties and rights. However the faithful who are
joined together in it can jointly contract obligations. As joint owners and
joint possessors they can acquire and possess rights and goods. They can
exercise these rights and obligations through a delegate or a proxy.
Can. 311 Members
of institutes of consecrated life who preside over or assist associations which
are joined in some way to their institute, are to ensure that these
associations help the apostolic works existing in the diocese. They are
especially to cooperate, under the direction of the local Ordinary, with
associations which are directed to the exercise of the apostolate in the
diocese.
Can. 312 §1 The
authority which is competent to establish public associations is:
1° the Holy See,
for universal and international associations
2° the Episcopal
Conference in its own territory, for national associations which by their very
establishment are intended for work throughout the whole nation;
3° the diocesan
Bishop, each in his own territory, but not the diocesan Administrator, for
diocesan associations, with the exception, however, of associations the right
to whose establishment is reserved to others by apostolic privilege.
§2 The written
consent of the diocesan Bishop is required for the valid establishment of an
association or branch of an association in the diocese even though it is done
in virtue of an apostolic privilege. Permission, however, which is given by the
diocesan Bishop for the foundation of a house of a religious institute, is
valid also for the establishment in the same house, or in a church attached to
it, of an association which is proper to that institute.
Can. 313 A public
association or a confederation of public associations is constituted a
juridical person by the very decree by which it is established by the authority
competent in accordance with can. 312. Moreover, insofar as is required, it
thereby receives its mission to pursue, in the name of the Church, those ends
which it proposes for itself.
Can. 314 The
statutes of any public association require the approval of the authority which,
in accordance with can. 312 §1, is competent to establish the association; this
approval is also required for a revision of, or a change in, the statutes.
Can. 315 Public
associations can, on their own initiative, undertake projects which are
appropriate to their character, and they are governed by the statutes, but
under the overall direction of the ecclesiastical authority mentioned in can.
312 §1.
Can. 316 §1 A
person who has publicly rejected the catholic faith, or has defected from
ecclesiastical communion, or upon whom an excommunication has been imposed or
declared, cannot validly be received into public associations.
§2 Those who have
been lawfully enrolled but who fall into one of the categories mentioned in §1,
having been previously warned, are to be dismissed, in accordance with the
statutes of the association, without prejudice to their right of recourse to
the ecclesiastical authority mentioned in can. 312 §1.
Can. 317 §1 Unless
the statutes provide otherwise, it belongs to the ecclesiastical authority
mentioned in can. 312 §1 to confirm the moderator of a public association on
election, or to appoint the moderator on presentation, or by his own right to
appoint the moderator. The same authority appoints the chaplain or
ecclesiastical assistant, after consulting the senior officials of the
association, wherever this is expedient.
§2 The norm of §1
is also valid for associations which members of religious institutes, by
apostolic privilege, establish outside their own churches or houses. In
associations which members of religious institutes establish in their own
church or house, the appointment or confirmation of the moderator and chaplain
belongs to the Superior of the institute, in accordance with the statutes.
§3 The laity can
be moderators of associations which are not clerical. The chaplain or
ecclesiastical assistant is not to be the moderator, unless the statutes
provide otherwise.
§4 Those who hold
an office of direction in political parties are not to be moderators in public
associations of the faithful which are directly ordered to the exercise of the
apostolate.
Can. 318 §1 In
special circumstances, when serious reasons so require the ecclesiastical
authority mentioned in can. 312 §1 can appoint a commissioner to direct the
association in his name for the time being.
§2 The moderator
of a public association may be removed for a just reason, by the person who
made the appointment or the confirmation, but the Moderator himself and the
senior officials of the association must be consulted, in accordance with the
statutes. The chaplain can, however, be removed by the person who appointed
him, in accordance with cann. 192‑‑195.
Can. 319 §1
Unless otherwise provided, a lawfully established public association
administers the goods it possesses, in accordance with the statutes, and under
the overall direction of the ecclesiastical authority mentioned in can. 312 §1.
It must give a yearly account to this authority.
§2 The association
must also faithfully account to the same authority for the disbursement of
contributions and alms which it has collected.
Can. 320 §1
Associations established by the Holy See can be suppressed only by the Holy
See.
§2 For grave
reasons, associations established by the Episcopal Conference can be suppressed
by it. The diocesan Bishop can suppress those he has established, and also
those which members of religious institutes have established by apostolic
indult with the consent of the diocesan Bishop.
§3 A public
association is not to be suppressed by the competent authority unless the
moderator and other senior officials have been consulted.
Can. 321 Christ’s
faithful direct and moderate private associations according to the provisions
of the statutes.
Can. 322 §1 A
private association of Christ’s faithful can acquire juridical personality by a
formal decree of the competent ecclesiastical authority mentioned in can. 312.
§2 No private
association of Christ’s faithful can acquire juridical personality unless its
statutes are approved by the ecclesiastical authority mentioned in can. 312 §1.
The approval of the statutes does not, however, change the private nature of
the association.
Can. 323 §1
Although private associations of Christ’s faithful enjoy their own autonomy in
accordance with can. 321, they are subject to the supervision of ecclesiastical
authority, in accordance with can. 305, and also to the governance of the same
authority.
§2 It is also the
responsibility of ecclesiastical authority, with due respect for the autonomy
of private associations, to oversee and ensure that there is no dissipation of
their forces, and that the exercise of their apostolate is directed to the
common good.
Can. 324 §1 A
private association of Christ’s faithful can freely designate for itself a
moderator and officers, in accordance with the statutes.
§2 If a private
association of Christ’s faithful wishes to have a spiritual counsellor, it can
freely choose one for itself from among the priests who lawfully exercise a
ministry in the diocese, but the priest requires the confirmation of the local
Ordinary.
Can. 325 §1 A
private association of Christ’s faithful is free to administer any goods it
possesses, according to the provisions of the statutes, but the competent
ecclesiastical authority has the right to ensure that the goods are applied to
the purposes of the association.
§2 In accordance
with can. 1301, the association is subject to the authority of the local
Ordinary in whatever concerns the administration and distribution of goods
which are donated or left to it for pious purposes.
Can. 326 §1 A
private association of Christ’s faithful is extinguished in accordance with the
norms of the statutes. It can also be suppressed by the competent authority if
its activity gives rise to grave harm to ecclesiastical teaching or discipline,
or is a scandal to the faithful.
§2 The fate of
the goods of a private association which ceases to exist is to be determined in
accordance with the statutes, without prejudice to acquired rights and to the
wishes of donors.
Can. 327 Lay
members of Christ’s faithful are to hold in high esteem associations
established for the spiritual purposes mentioned in can. 298. They should
especially esteem those associations whose aim is to animate the temporal order
with the christian spirit, and thus greatly foster an intimate union between
faith and life.
Can. 328 Those
who head lay associations, even those established by apostolic privilege, are
to ensure that their associations cooperate with other associations of Christ’s
faithful, where this is expedient. They are to give their help freely to
various christian works, especially those in the same territory.
Can. 329
Moderators of lay associations are to ensure that the members receive due
formation, so that they may carry out the apostolate which is proper to the
laity.
Can. 330 Just as,
by the decree of the Lord, Saint Peter and the rest of the Apostles form one
College, so for a like reason the Roman Pontiff, the successor of Peter, and
the Bishops, the successors of the Apostles, are united together in one.
Can. 331 The
office uniquely committed by the Lord to Peter, the first of the Apostles, and
to be transmitted to his successors, abides in the Bishop of the Church of
Rome. He is the head of the College of Bishops, the Vicar of Christ, and the
Pastor of the universal Church here on earth. Consequently, by virtue of his
office, he has supreme, full, immediate and universal ordinary power in the
Church, and he can always freely exercise this power.
Can. 332 §1 The
Roman Pontiff acquires full and supreme power in the Church when, together with
episcopal consecration, he has been lawfully elected and has accepted the
election. Accordingly, if he already has the episcopal character, he receives
this power from the moment he accepts election to the supreme pontificate. If
he does not have the episcopal character, he is immediately to be ordained
Bishop.
§2 Should it
happen that the Roman Pontiff resigns from his office, it is required for
validity that the resignation be freely made and properly manifested, but it is
not necessary that it be accepted by anyone.
Can. 333 §1 By
virtue of his office, the Roman Pontiff not only has power over the universal
Church, but also has pre‑eminent ordinary power over all particular
Churches and their groupings. This reinforces and defends the proper, ordinary
and immediate power which the Bishops have in the particular Churches entrusted
to their care.
§2 The Roman
Pontiff, in fulfilling his office as supreme Pastor of the Church, is always
joined in full communion with the other Bishops, and indeed with the whole
Church. He has the right, however, to determine, according to the needs of the
Church, whether this office is to be exercised in a personal or in a collegial
manner.
§3 There is
neither appeal nor recourse against a judgement or a decree of the Roman
Pontiff.
Can. 334 The
Bishops are available to the Roman Pontiff in the exercise of his office, to
cooperate with him in various ways, among which is the synod of Bishops.
Cardinals also assist him, as do other persons and, according to the needs of
the time, various institutes; all these persons and institutes fulfil their
offices in his name and by his authority, for the good of all the Churches, in
accordance with the norms determined by law.
Can. 335 When the
Roman See is vacant, or completely impeded, no innovation is to be made in the
governance of the universal Church. The special laws enacted for these
circumstances are to be observed.
Can. 336 The head
of the College of Bishops is the Supreme Pontiff, and its members are the
Bishops by virtue of their sacramental consecration and hierarchical communion
with the head of the College and its members. This College of Bishops, in which
the apostolic body abides in an unbroken manner, is, in union with its head and
never without this head, also the subject of supreme and full power over the
universal Church.
Can. 337 §1 The
College of Bishops exercises its power over the universal Church in solemn form
in an Ecumenical Council.
§2 It exercises
this same power by the united action of the Bishops dispersed throughout the
world, when this action is as such proclaimed or freely accepted by the Roman
Pontiff, so that it becomes a truly collegial act.
§3 It belongs to
the Roman Pontiff to select and promote, according to the needs of the Church,
ways in which the College of Bishops can exercise its office in respect of the
universal Church in a collegial manner.
Can. 338 §1 It is
the prerogative of the Roman Pontiff alone to summon an Ecumenical Council, to
preside over it personally or through others, to transfer, suspend or dissolve
the Council, and to approve its decrees.
§2 It is also the
prerogative of the Roman Pontiff to determine the matters to be dealt with in
the Council, and to establish the order to be observed. The Fathers of the
Council may add other matters to those proposed by the Roman Pontiff, but these
must be approved by the Roman Pontiff .
Can. 339 §1 All
Bishops, but only Bishops who are members of the College of Bishops, have the
right and the obligation to be present at an Ecumenical Council with a
deliberative vote.
§2 Some others
besides, who do not have the episcopal dignity, can be summoned to an
Ecumenical Council by the supreme authority in the Church, to whom it belongs
to determine what part they take in the Council.
Can. 340 If the
Apostolic See should become vacant during the celebration of the Council, it is
by virtue of the law itself suspended until the new Supreme Pontiff either
orders it to continue or dissolves it.
Can. 341 §1 The
decrees of an Ecumenical Council do not oblige unless they are approved by the
Roman Pontiff as well as by the Fathers of the Council, confirmed by the Roman
Pontiff and promulgated by his direction.
§2 If they are to
have binding force, the same confirmation and promulgation is required for
decrees which the College of Bishops issues by truly collegial actions in
another manner introduced or freely accepted by the Roman Pontiff.
Can. 342 The
synod of Bishops is a group of Bishops selected from different parts of the
world, who meet together at specified times to promote the close relationship
between the Roman Pontiff and the Bishops. These Bishops, by their counsel,
assist the Roman Pontiff in the defence and development of faith and morals and
in the preservation and strengthening of ecclesiastical discipline. They also
consider questions concerning the mission of the Church in the world.
Can. 343 The
function of the synod of Bishops is to discuss the matters proposed to it and
set forth recommendations. It is not its function to settle matters or to draw
up decrees, unless the Roman Pontiff has given it deliberative power in certain
cases; in this event, it rests with the Roman Pontiff to ratify the decisions
of the synod.
Can. 344 The
synod of Bishops is directly under the authority of the Roman Pontiff, whose
prerogative it is:
1° to convene the
synod, as often as this seems opportune to him, and to designate the place
where the meetings are to be held
2° to ratify the
election of those who, in accordance with the special law of the synod, are to
be elected, and to designate and appoint other members;
3° at a suitable
time before the celebration of the synod, to prescribe the outlines of the
questions to be discussed, in accordance with the special law;
4° to determine
the agenda;
5° to preside
over the synod personally or through others;
6° to conclude,
transfer, suspend or dissolve the synod.
Can. 345 The
synod of Bishops can meet in general assembly, in which matters are dealt with
which directly concern the good of the universal Church; such an assembly is
either ordinary or extraordinary. It can also meet in special assembly, to deal
with matters directly affecting a determined region or regions.
Can. 346 §1 The
synod of Bishops meeting in ordinary general assembly is comprised, for the
most part, of Bishops elected for each assembly by the Episcopal Conferences,
in accordance with the norms of the special law of the synod. Other members are
designated according to the same law; others are directly appointed by the
Roman Pontiff. Added to these are some members of clerical religious
institutes, elected in accordance with the same special law.
§2 The synod of
Bishops meeting in extraordinary general assembly for the purpose of dealing
with matters which require speedy resolution, is comprised for the most part,
of Bishops who, by reason of the office they hold, are designated by the
special law of the synod; others are appointed directly by the Roman Pontiff.
Added to these are some members of clerical religious institutes, elected in
accordance with the same law.
§3 The synod of
Bishops which meets in special assembly is comprised of members chosen
principally from those regions for which the synod was convened, in accordance
with the special law by which the synod is governed.
Can. 347 §1 When
the meeting of the synod of Bishops is concluded by the Roman Pontiff, the
function entrusted in it to the Bishops and other members ceases.
§2 If the
Apostolic See becomes vacant after the synod has been convened or during its
celebration, the meeting of the synod, and the function entrusted in it to the
members, is by virtue of the law itself suspended, until the new Pontiff
decrees either that the assembly is to be dissolved or that it is to continue.
Can. 348 §1 There
is to be a permanent general secretariat of the synod, presided over by a
Secretary general appointed by the Roman Pontiff. The Secretary is to have the
assistance of a council of the secretariat, composed of Bishops, some elected
by the synod of Bishops itself in accordance with the special law, others
appointed by the Roman Pontiff. The function of all these persons ceases with
the beginning of a new general assembly.
§2 For each
assembly of the synod of Bishops there are one or more special secretaries, who
are appointed by the Roman Pontiff. They remain in office only until the end of
the synod assembly.
Can. 349 The
Cardinals of the Holy Roman Church constitute a special
College, whose
prerogative it is to elect the Roman Pontiff in accordance with the norms of a
special law. The Cardinals are also available to the Roman Pontiff, either
acting collegially, when they are summoned together to deal with questions of
major importance, or acting individually, that is, in the offices which they
hold in assisting the Roman Pontiff especially in the daily care of the
universal Church.
Can. 350 §1 The
College of Cardinals is divided into three orders: the episcopal order, to
which belong those Cardinals to whom the Roman Pontiff assigns the title of a
suburbicarian Church, and eastern‑rite Patriarchs who are made members of
the College of Cardinals; the presbyteral order, and the diaconal order.
§2 Cardinal
priests and Cardinal deacons are each assigned a title or a deaconry in Rome by
the Roman Pontiff.
§3 Eastern
Patriarchs within the College of Cardinals have their patriarchal see as a
title.
§4 The Cardinal
Dean has the title of the diocese of Ostia, together with that of any other
Church to which he already has a title.
§5 By a choice
made in Consistory and approved by the Supreme Pontiff, Cardinal priests may
transfer to another title; Cardinal deacons may transfer to another deaconry
and, if they have been a full ten years in the diaconal order, to the
presbyteral order: priority of order and of promotion is to be observed.
§6 A Cardinal who
by choice transfers from the diaconal to the presbyteral order, takes
precedence over all Cardinal priests who were promoted to the Cardinalate after
him.
Can. 351 §1 Those
to be promoted Cardinals are men freely selected by the Roman Pontiff, who are
at least in the order of priesthood and are truly outstanding in doctrine,
virtue, piety and prudence in practical matters; those who are not already
Bishops must receive episcopal consecration.
§2 Cardinals are
created by decree of the Roman Pontiff, which in fact is published in the
presence of the College of Cardinals. From the moment of publication, they are
bound by the obligations and they enjoy the rights defined in the law.
§3 A person
promoted to the dignity of Cardinal, whose creation the Roman Pontiff
announces, but whose name he reserves in petto, is not at that time bound by
the obligations nor does he enjoy the rights of a Cardinal. When his name is
published by the Roman Pontiff, however, he is bound by these obligations and
enjoys these rights, but his right of precedence dates from the day of the
reservation in petto.
Can. 352 §1 The
Dean presides over the College of Cardinals. When he is unable to do so, the
sub‑Dean takes his place. The Dean, or the subDean, has no power of
governance over the other Cardinals, but is considered as first among equals.
§2 When the
office of Dean is vacant, those Cardinals who have a suburbicarian title, and
only those, under the presidency of the sub‑Dean if he is present, or of
the oldest member, elect one of their number to act as Dean of the College.
They are to submit his name to the Roman Pontiff, to whom it belongs to approve
the person elected.
§3 In the same
way as set out in §2, the sub‑Dean is elected, with the Dean presiding.
It belongs to the Roman Pontiff to approve also the election of the sub‑Dean.
§4 If the Dean
and sub‑Dean do not already have a domicile in Rome, they acquire it
there.
Can. 353 §1
Cardinals assist the Supreme Pastor of the Church in collegial fashion
particularly in Consistories, in which they are gathered by order of the Roman
Pontiff and under his presidency. Consistories are either ordinary or
extraordinary.
§2 In an ordinary
Consistory all Cardinals, or at least those who are in Rome, are summoned for
consultation on certain grave matters of more frequent occurrence, or for the
performance of especially solemn acts.
§3 All Cardinals
are summoned to an extraordinary Consistory, which takes place when the special
needs of the Church and more serious matters suggest it.
§4 Only an
ordinary Consistory in which certain solemnities are celebrated, can be public,
that is when, in addition to the Cardinals, Prelates, representatives of civil
states and other invited persons are admitted.
Can. 354
Cardinals who head the departments and other permanent sections of the Roman
Curia and of Vatican City, who have completed their seventy‑fifth year,
are requested to offer their resignation from office to the Roman Pontiff, who
will consider all the circumstances and make provision accordingly.
Can. 355 §1 It
belongs to the Cardinal Dean to ordain the elected Roman Pontiff a Bishop, if
he is not already ordained. If the Dean is prevented from doing so, the same
right belongs to the sub‑Dean or, if he is prevented, to the senior
Cardinal of the episcopal order.
§2 The senior
Cardinal Deacon announces the name of the newly elected Supreme Pontiff to the
people. Acting in place of the Roman Pontiff, he also confers the pallium on
metropolitan Bishops or gives the pallium to their proxies.
Can. 356
Cardinals have the obligation of cooperating closely with the Roman Pontiff.
For this reason, Cardinals who have any office in the Curia and are not
diocesan Bishops, are obliged to reside in Rome. Cardinals who are in charge of
a diocese as diocesan Bishops, are to go to Rome whenever summoned by the Roman
Pontiff.
Can. 357 §1 When
a Cardinal has taken possession of a suburbicarian Church or of a titular
Church in Rome, he is to further the good of the diocese or church by counsel
and patronage. However, he has no power of governance over it, and he should
not for any reason interfere in matters concerning the administration of its
goods, or its discipline, or the service of the church.
§2 Cardinals
living outside Rome and outside their own diocese, are exempt in what concerns
their person from the power of governance of the Bishop of the diocese in which
they are residing.
Can. 358 A
Cardinal may be deputed by the Roman Pontiff to represent him in some solemn
celebration or assembly of persons as a ‘Legatus a latere’, that is, as his
alter ego; or he may, as a special emissary, be entrusted with a particular
pastoral task. A Cardinal thus nominated is entitled to deal only with those
affairs which have been entrusted to him by the Roman Pontiff himself.
Can. 359 When the
Apostolic See is vacant, the College of Cardinals has only that power in the
Church which is granted to it by special law.
Can. 360 The
Supreme Pontiff usually conducts the business of the universal Church through
the Roman Curia, which acts in his name and with his authority for the good and
for the service of the Churches. The Curia is composed of the Secretariat of
State or Papal Secretariat, the Council for the public affairs of the Church,
the Congregations, the Tribunals and other Institutes. The constitution and
competence of all these is defined by special law.
Can. 361 In this
Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but
also, unless the contrary is clear from the nature of things or from the
context, the Secretariat of State, the Council for the public affairs of the
Church, and the other Institutes of the Roman Curia.
Can. 362 The
Roman Pontiff has an inherent and independent right to appoint Legates and to
send them either to particular Churches in various countries or regions, or at
the same time to States and to public Authorities. He also has the right to
transfer or recall them, in accordance with the norms of international law
concerning the mission and recall of representatives accredited to States.
Can. 363 §1 To
Legates of the Roman Pontiff is entrusted the office of representing in a
stable manner the person of the Roman Pontiff in the particular Churches, or
also in the States and public Authorities, to whom they are sent.
§2 Those also
represent the Apostolic See who are appointed to pontifical Missions as
Delegates or Observers at international Councils or at Conferences and
Meetings.
Can. 364 The
principal task of a Papal Legate is continually to make more firm and effective
the bonds of unity which exist between the Holy See and the particular
Churches. Within the territory assigned to him, it is therefore the responsibility
of a Legate:
1° to inform the
Apostolic See about the conditions in which the particular Churches find
themselves, as well as about all matters which affect the life of the Church
and the good of souls;
2° to assist the
Bishops by action and advice, while leaving intact the exercise of their lawful
power;
3° to foster
close relations with the Episcopal Conference, offering it every assistance;
4° in connection
with the appointment of Bishops, to send or propose names of candidates to the
Apostolic See, as well as to prepare the informative process about those who
may be promoted, in accordance with the norms issued by the Apostolic See;
5° to take pains
to promote whatever may contribute to peace, progress and the united efforts of
peoples;
6° to work with
the Bishops to foster appropriate exchanges between the Catholic Church and
other Churches or ecclesial communities, and indeed with non‑christian
religions;
7° to work with
the Bishops to safeguard, so far as the rulers of the State are concerned,
those things which relate to the mission of the Church and of the Apostolic
See;
8° to exercise
the faculties and carry out the other instructions which are given to him by
the Apostolic See.
Can. 365 §1 A
papal Legate who at the same time acts as envoy to the State according to
international law, has in addition the special role:
1° of promoting
and fostering relationships between the Apostolic See and the Authorities of
the State;
2° of dealing
with questions concerning relations between Church and State, especially, of
drawing up concordats and other similar agreements, and giving effect to them.
§2 As
circumstances suggest, in the matters mentioned in §1, the papal Legate is not
to omit to seek the opinion and counsel of the Bishops of the ecclesiastical
jurisdiction and to keep them informed of the course of events.
Can. 366 Given
the special nature of a Legate’s role:
1° the papal
Legation is exempt from the power of governance of the local Ordinary, except
for the celebration of marriages;
2° the papal
Legate has the right to perform liturgical celebrations, even in pontificalia,
in all churches of the territory of his legation; as far as it is possible, he
is to give prior notice to the local Ordinary.
Can. 367 The
office of papal Legate does not cease when the Apostolic See is vacant, unless
otherwise specified in the pontifical Letters‑ it does cease, however, on
the expiry of the mandate, on receipt by him of notification of recall, and on
acceptance of his resignation by the Roman Pontiff.
Can. 368
Particular Churches, in which and from which the one and only catholic Church
exists, are principally dioceses. Unless the contrary is clear, the following
are equivalent to a diocese: a territorial prelature, a territorial abbacy, a
vicariate apostolic, a prefecture apostolic and a permanently established
apostolic administration.
Can. 369 A
diocese is a portion of the people of God, which is entrusted to a Bishop to be
nurtured by him, with the cooperation of the presbyterium, in such a way that,
remaining close to its pastor and gathered by him through the Gospel and the
Eucharist in the Holy Spirit, it constitutes a particular Church. In this
Church, the one, holy, catholic and apostolic Church of Christ truly exists and
functions.
Can. 370 A
territorial prelature or abbacy is a certain portion of the people of God,
territorially defined, the care of which is for special reasons entrusted to a
Prelate or an Abbot, who governs it, in the manner of a diocesan Bishop, as its
proper pastor.
Can. 371 §1 A
vicariate apostolic or a prefecture apostolic is a certain portion of the
people of God, which for special reasons is not yet constituted a diocese, and
which is entrusted to the pastoral care of a Vicar apostolic or a Prefect
apostolic, who governs it in the name of the Supreme Pontiff.
§2 An apostolic
administration is a certain portion of the people of God which, for special and
particularly serious reasons, is not yet established by the Supreme Pontiff as
a diocese, and whose pastoral care is entrusted to an apostolic Administrator,
who governs it in the name of the Supreme Pontiff.
Can. 372 §1 As a
rule, that portion of the people of God which constitutes a diocese or other
particular Church is to have a defined territory, so that it comprises all the
faithful who live in that territory.
§2 If however, in
the judgement of the supreme authority in the Church, after consultation with
the Episcopal Conferences concerned, it is thought to be helpful, there may be
established in a given territory particular Churches distinguished by the rite
of the faithful or by some other similar quality.
Can. 373 It is
within the competence of the supreme authority alone to establish particular
Churches; once they are lawfully established, the law itself gives them
juridical personality.
Can. 374 §1 Each
diocese or other particular Church is to be divided into distinct parts or
parishes.
§2 To foster
pastoral care by means of common action, several neighbouring parishes can be
joined together in special groups, such as vicariates forane.
Article 1: Bishops in General
Can. 375 §1 By
divine institution, Bishops succeed the Apostles through the Holy Spirit who is
given to them. They are constituted Pastors in the Church, to be the teachers
of doctrine, the priests of sacred worship and the ministers of governance.
§2 By their
episcopal consecration, Bishops receive, together with the office of
sanctifying, the offices also of teaching and of ruling, which however, by
their nature, can be exercised only in hierarchical communion with the head of
the College and its members.
Can. 376 Bishops
to whom the care of a given diocese is entrusted are called diocesan Bishops;
the others are called titular Bishops.
Can. 377 §1 The
Supreme Pontiff freely appoints Bishops or confirms those lawfully elected.
§2 At least every
three years, the Bishops of an ecclesiastical province or, if circumstances
suggest it, of an Episcopal Conference, are to draw up, by common accord and in
secret, a list of priests, even of members of institutes of consecrated life,
who are suitable for the episcopate; they are to send this list to the
Apostolic See. This is without prejudice to the right of every Bishop
individually to make known to the Apostolic See the names of priests whom he
thinks are worthy and suitable for the episcopal office.
§3 Unless it has
been lawfully prescribed otherwise, for the appointment of a diocesan Bishop or
a coadjutor Bishop, a ternus, as it is called, is to be proposed to the
Apostolic See. In the preparation of this list, it is the responsibility of the
papal Legate to seek individually the suggestions of the Metropolitan and of
the Suffragans of the province to which the diocese in question belongs or with
which it is joined in some grouping, as well as the suggestions of the
president of the Episcopal Conference. The papal Legate is, moreover, to hear
the views of some members of the college of consultors and of the cathedral
chapter. If he judges it expedient, he is also to seek individually, and in
secret, the opinions of other clerics, both secular and religious, and of lay
persons of outstanding wisdom. He is then to send these suggestions, together
with his own opinion, to the Apostolic See.
§4 Unless it has
been lawfully provided otherwise, the diocesan Bishop who judges that his
diocese requires an auxiliary Bishop, is to propose to the Apostolic See a list
of the names of at least three priests suitable for this office .
§5 For the
future, no rights or privileges of election, appointment, presentation or
designation of Bishops are conceded to civil authorities.
Can. 378 §1 To be
a suitable candidate for the episcopate, a person must:
1° be outstanding
in strong faith, good morals, piety, zeal for souls, wisdom, prudence and human
virtues, and possess those other gifts which equip him to fulfil the office in
question;
2° be held in
good esteem;
3° be at least 35
years old;
4° be a priest
ordained for at least five years;
5° hold a
doctorate or at least a licentiate in sacred Scripture, theology or canon law,
from an institute of higher studies approved by the Apostolic See, or at least
be well versed in these disciplines.
§2 The definitive
judgement on the suitability of the person to be promoted rests with the
Apostolic See.
Can. 379 Unless
prevented by a lawful reason, one who is promoted to the episcopate must
receive episcopal consecration within three months of receiving the apostolic
letters, and in fact before he takes possession of his office.
Can. 380 Before
taking canonical possession of his office, he who has been promoted is to make
the profession of faith and take the oath of fidelity to the Apostolic See, in
accordance with the formula approved by the same Apostolic See.
Article 2: Diocesan Bishops
Can. 381 §1 In
the diocese entrusted to his care, the diocesan Bishop has all the ordinary,
proper and immediate power required for the exercise of his pastoral office,
except in those matters which the law or a decree of the Supreme Pontiff
reserves to the supreme or to some other ecclesiastical authority.
§2 Those who are
at the head of the other communities of the faithful mentioned in can. 368, are
equivalent in law to the diocesan Bishop unless the contrary is clear from the
nature of things or from a provision of the law.
Can. 382 §1 A
person who is promoted to the episcopate cannot become involved in the exercise
of the office entrusted to him before he has taken canonical possession of the
diocese. However, he is able to exercise offices which he already held in the
same diocese at the time of his promotion, without prejudice to can. 409 §2.
§2 Unless he is
lawfully impeded, one who is not already consecrated a Bishop and is now
promoted to the office of diocesan Bishop, must take canonical possession of
his diocese within four months of receiving the apostolic letters. If he is
already consecrated, he must take possession within two months of receiving the
apostolic letters.
§3 A Bishop takes
canonical possession of his diocese when, personally or by proxy, he shows the
apostolic letters to the college of consultors, in the presence of the
chancellor of the curia, who makes a record of the fact. This must take place
within the diocese. In dioceses which are newly established he takes possession
when he communicates the same letters to the clergy and the people in the
cathedral church, with the senior of the priests present making a record of the
fact.
§4 It is strongly
recommended that the taking of canonical possession be performed with a
liturgical act in the cathedral church, in the presence of the clergy and the
people.
Can. 383 §1 In
exercising his pastoral office, the diocesan Bishop is to be solicitous for all
Christ’s faithful entrusted to his care, whatever their age, condition or
nationality, whether they live in the territory or are visiting there. He is to
show an apostolic spirit also to those who, because of their condition of life,
are not sufficiently able to benefit from ordinary pastoral care, and to those
who have lapsed from religious practice.
§2 If he has
faithful of a different rite in his diocese, he is to provide for their
spiritual needs either by means of priests or parishes of the same rite, or by
an episcopal Vicar.
§3 He is to act
with humanity and charity to those who are not in full communion with the
catholic Church‑ he should also foster ecumenism as it is understood by
the Church.
§4 He is to
consider the non‑baptised as commended to him in the Lord, so that the
charity of Christ, of which the Bishop must be a witness to all, may shine also
on them.
Can. 384 He is to
have a special concern for the priests, to whom he is to listen as his helpers
and counsellors. He is to defend their rights and ensure that they fulfil the
obligations proper to their state. He is to see that they have the means and the
institutions needed for the development of their spiritual and intellectual
life. He is to ensure that they are provided with adequate means of livelihood
and social welfare, in accordance with the law.
Can. 385 He must
in a very special way foster vocations to the various ministries and to
consecrated life, having a special care for priestly and missionary vocations.
Can. 386 §1 The
diocesan Bishop is bound to teach and illustrate to the faithful the truths of
faith which are to be believed and applied to behaviour. He is himself to
preach frequently. He is also to ensure that the provisions of the canons on
the ministry of the word, especially on the homily and catechetical
instruction, are faithfully observed, so that the whole of christian teaching
is transmitted to all.
§2 By whatever
means seem most appropriate, he is firmly to defend the integrity and unity of
the faith to be believed. However, he is to acknowledge a just freedom in the
further investigation of truths.
Can. 387 Mindful
that he is bound to give an example of holiness, charity, humility and simplicity
of life, the diocesan Bishop is to seek in every way to promote the holiness of
Christ’s faithful according to the special vocation of each. Since he is the
principal dispenser of the mysteries of God, he is to strive constantly that
Christ’s faithful entrusted to his care may grow in grace through the
celebration of the sacraments, and may know and live the paschal mystery.
Can. 388 §1 After
he has taken possession of the diocese, the diocesan Bishop must apply the Mass
for the people entrusted to him on each Sunday and on each holyday of
obligation in his region.
§2 The Bishop
must himself celebrate and apply the Mass for the people on the days mentioned
in §1; if, however, he is lawfully impeded from so doing, he is to have someone
else do so on those days, or do so himself on other days.
§3 A Bishop who,
in addition to his own, is given another diocese, even as administrator,
satisfies the obligation by applying one Mass for all the people entrusted to
him.
§4 A Bishop who
has not satisfied the obligation mentioned in §§1‑3, is to apply as soon
as possible as many Masses for the people as he has omitted.
Can. 389 He is
frequently to preside at the Eucharistic celebration in the cathedral church or
in some other church of his diocese, especially on holydays of obligation and
on other solemnities.
Can. 390 The
diocesan Bishop may use pontificalia throughout his diocese. He may not do so
outside his diocese without the consent of the local Ordinary, either expressly
given or at least reasonably presumed.
Can. 391 §1 The
diocesan Bishop governs the particular Church entrusted to him with
legislative, executive and judicial power, in accordance with the law.
§2 The Bishop
exercises legislative power himself. He exercises executive power either
personally or through Vicars general or episcopal Vicars, in accordance with
the law. He exercises judicial power either personally or through a judicial
Vicar and judges, in accordance with the law.
Can. 392 §1 Since
the Bishop must defend the unity of the universal Church, he is bound to foster
the discipline which is common to the whole Church, and so press for the
observance of all ecclesiastical laws.
§2 He is to
ensure that abuses do not creep into ecclesiastical discipline, especially
concerning the ministry of the word, the celebration of the sacraments and
sacramentals, the worship of God and the cult of the saints, and the
administration of goods.
Can. 393 In all
juridical transactions of the diocese, the diocesan Bishop acts in the person
of the diocese.
Can. 394 §1 The
Bishop is to foster various forms of the apostolate in his diocese and is to
ensure that throughout the entire diocese, or in its particular districts, all
works of the apostolate are coordinated under his direction, with due regard
for the character of each apostolate.
§2 He is to
insist on the faithful’s obligation to exercise the apostolate according to the
condition and talents of each. He is to urge them to take part in or assist
various works of the apostolate, according to the needs of place and time.
Can. 395 §1 The
diocesan Bishop is bound by the law of personal residence in his diocese, even
if he has a coadjutor or auxiliary Bishop.
§2 Apart from the
visit ‘ad limina’, attendance at councils or at the synod of Bishops or at the
Episcopal Conference, at which he must be present, or by reason of another
office lawfully entrusted to him, he may be absent from the diocese, for a just
reason, for not longer than one month, continuously or otherwise, provided he
ensures that the diocese is not harmed by this absence.
§3 He is not to
be absent from his diocese on Christmas Day, during Holy Week, or on Easter
Sunday, Pentecost and Corpus Christi, except for a grave and urgent reason.
§4 If the Bishop
is unlawfully absent from the diocese for more than six months, the
Metropolitan is to notify the Holy See. If it is the Metropolitan who is
absent, the senior suffragan is to do the same.
Can. 396 §1 The
Bishop is bound to visit his diocese in whole or in part each year, so that at
least every five years he will have visited the whole diocese, either
personally or, if he is lawfully impeded, through the coadjutor or auxiliary
Bishop, the Vicar general, an episcopal Vicar or some other priest.
§2 The Bishop has
a right to select any clerics he wishes as his companions and helpers in a
visitation, any contrary privilege or custom being reprobated.
Can. 397 §1
Persons, catholic institutes, pious objects and places within the boundaries of
the diocese, are subject to ordinary episcopal visitation.
§2 The Bishop may
visit the members of religious institutes of pontifical right and their houses
only in the cases stated in the law.
Can. 398 The
Bishop is to endeavour to make his pastoral visitation with due diligence. He
is to ensure that he is not a burden to anyone on the ground of undue expense.
Can. 399 §1 Every
five years the diocesan Bishop is bound to submit to the Supreme Pontiff a
report on the state of the diocese entrusted to him, in the form and at the
time determined by the Apostolic See.
§2 If the year
assigned for submitting this report coincides in whole or in part with the
first two years of his governance of the diocese, for that occasion the Bishop
need not draw up and submit the report.
Can. 400 §1
Unless the Apostolic See has decided otherwise, in the year in which he is
bound to submit the report to the Supreme Pontiff, the diocesan Bishop is to go
to Rome to venerate the tombs of the Blessed Apostles Peter and Paul, and to
present himself to the Roman Pontiff.
§2 The Bishop is
to satisfy this obligation personally, unless he is lawfully impeded; in which
case he is to satisfy the obligation through the coadjutor, if he has one, or
the auxiliary, or a suitable priest of his presbyterium who resides in his
diocese.
§3 A Vicar
apostolic can satisfy this obligation through a proxy, even through one
residing in Rome. A Prefect apostolic is not bound by this obligation.
Can. 401 §1 A
diocesan Bishop who has completed his seventy‑fifth year of age is
requested to offer his resignation from office to the Supreme Pontiff, who,
taking all the circumstances into account, will make provision accordingly.
§2 A diocesan
Bishop who, because of illness or some other grave reason, has become unsuited
for the fulfilment of his office, is earnestly requested to offer his
resignation from office.
Can. 402 §1 A
Bishop whose resignation from office has been accepted, acquires the title
‘emeritus’ of his diocese. If he so wishes, he may have a residence in the
diocese unless, because of special circumstances in certain cases, the
Apostolic See provides otherwise.
§2 The Episcopal
Conference must ensure that suitable and worthy provision is made for the
upkeep of a Bishop who has resigned, bearing in mind the primary obligation
which falls on the diocese which he served.
Article 3: Coadjutor and Auxiliary Bishops
Can. 403 §1 When
the pastoral needs of the diocese require it, one or more auxiliary Bishops are
to be appointed at the request of the diocesan Bishop. An auxiliary Bishop does
not have the right of succession.
§2 In more
serious circumstances, even of a personal nature, the diocesan Bishop may be
given an auxiliary Bishop with special faculties.
§3 If the Holy
See considers it more opportune, it can ex officio appoint a coadjutor Bishop,
who also has special faculties. A coadjutor Bishop has the right of succession.
Can. 404 §1 The
coadjutor Bishop takes possession of his office when, either personally or by
proxy, he shows the apostolic letters of appointment to the diocesan Bishop and
the college of consultors, in the presence of the chancellor of the curia, who
makes a record of the fact.
§2 An auxiliary
Bishop takes possession of his office when he shows his apostolic letters of
appointment to the diocesan Bishop, in the presence of the chancellor of the
curia, who makes a record of the fact.
§3 If the
diocesan Bishop is wholly impeded, it is sufficient that either the coadjutor
Bishop or the auxiliary Bishop show their apostolic letters of appointment to
the college of consultors, in the presence of the chancellor of the curia.
Can. 405 §1 The
coadjutor Bishop and the auxiliary Bishop have the obligations and the rights
which are determined by the provisions of the following canons and defined in
their letters of appointment.
§2 The coadjutor
Bishop, or the auxiliary Bishop mentioned in can. 403 §2, assists the diocesan
Bishop in the entire governance of the diocese, and takes his place when he is
absent or impeded.
Can. 406 §1 The
coadjutor Bishop, and likewise the auxiliary Bishop mentioned in can. 403 §2,
is to be appointed a Vicar general by the diocesan Bishop. The diocesan Bishop
is to entrust to him, in preference to others, those things which by law
require a special mandate.
§2 Unless the
apostolic letters provide otherwise, and without prejudice to the provision of
§1, the diocesan Bishop is to appoint his auxiliary or auxiliaries as Vicar
general or at least episcopal Vicar, in dependence solely on his authority, or
on that of the coadjutor Bishop or of the auxiliary Bishop mentioned in can.
403 §2.
Can. 407 §1 For
the greatest present and future good of the diocese, the diocesan Bishop, the
coadjutor and the auxiliary Bishop mentioned in can. 403 §2, are to consult
with each other on matters of greater importance.
§2 In assessing
matters of greater importance, particularly those of a pastoral nature, the
diocesan Bishop is to consult the auxiliary Bishop before all others.
§3 The coadjutor
Bishop and the auxiliary Bishop, since they are called to share in the cares of
the diocesan Bishop, should so exercise their office that they act and think in
accord with him.
Can. 408 §1 As
often as they are requested to do so by the diocesan Bishop, a coadjutor Bishop
and an auxiliary Bishop who are not lawfully impeded, are obliged to perform
those pontifical and other functions to which the diocesan Bishop is bound.
§2 Those
episcopal rights and functions which the coadjutor can exercise are not
habitually to be entrusted to another by the diocesan Bishop.
Can. 409 §1 When
the episcopal see falls vacant, the coadjutor immediately becomes the Bishop of
the diocese for which he was appointed, provided he has lawfully taken
possession.
§2 Unless the
competent authority has provided otherwise, when the episcopal see is vacant
and until the new Bishop takes possession of the see, the auxiliary Bishop
retains all and only those powers and faculties which he had as Vicar general
or as episcopal Vicar when the see was occupied. If he is not appointed to the
office of diocesan Administrator, he is to exercise this same power of his,
conferred by the law, under the authority of the diocesan Administrator, who
governs the diocese.
Can. 410 The
coadjutor Bishop and the auxiliary Bishop are bound, like the diocesan Bishop,
to reside in the diocese. Other than for the fulfilment of some duty outside
the diocese, or for holidays, which are not to be longer than one month, they
may not be away from the diocese except for a brief period.
Can. 411 The
provisions of cann. 401 and 402 §2, concerning resignation from office, apply
also to a coadjutor and an auxiliary Bishop.
Article 1: The Impeded See
Can. 412 The
episcopal see is understood to be impeded if the diocesan
Bishop is
completely prevented from exercising the pastoral office in the diocese by
reason of imprisonment, banishment, exile or incapacity, so that he is unable
to communicate, even by letter, with the people of his diocese.
Can. 413 §1
Unless the Holy See has provided otherwise, when a see is impeded, the
governance of the diocese devolves on the coadjutor Bishop, if there is one. If
there is no coadjutor, or if he is impeded, it devolves upon the auxiliary
Bishop, or the Vicar general, or the episcopal Vicar, or another priest: the
order of persons to be followed is to be that determined in the list which the
diocesan Bishop is to draw up as soon as possible after taking possession of
his diocese. This list, which is to be communicated to the Metropolitan, is to
be revised at least every three years, and kept under secrecy by the
chancellor.
§2 If there is no
coadjutor Bishop or if he is impeded, and the list mentioned in §1 is not at
hand, it is the responsibility of the college of consultors to elect a priest
who will govern the diocese.
§3 The person who
undertakes the governance of the diocese according to the norms of §§1 or 2, is
to notify the Holy See as soon as possible that the see is impeded and that he
has undertaken the office.
Can. 414 Whoever
is called, in accordance with can. 413, to exercise the pastoral care of the
diocese for the time being, that is, only for the period during which the see
is impeded, is in his pastoral care of the diocese bound by the obligations,
and has the power, which by law belong to the diocesan Administrator.
Can. 415 If the
diocesan Bishop is prohibited from exercising his office by reason of an
ecclesiastical penalty, the Metropolitan is to refer the matter at once to the
Holy See, so that it may make provision; if there is no Metropolitan, or if he
is the one affected by the penalty, it is the suffragan senior by promotion who
is to refer the matter.
Article 2: The Vacant See
Can. 416 The
episcopal see becomes vacant by the death of the diocesan Bishop, by his
resignation accepted by the Holy See, by transfer, or by deprivation notified
to the Bishop.
Can. 417 Until
they have received certain notification of the Bishop’s death, all actions
taken by the Vicar general or the episcopal Vicar have effect. Until they have
received certain notification of the aforementioned papal acts, the same is
true of actions taken by the diocesan Bishop, the Vicar general or the
episcopal Vicar.
Can. 418 §1
Within two months of receiving certain notification of transfer, the Bishop
must proceed to the diocese to which he has been transferred and take canonical
possession of it. On the day on which he takes possession of the new diocese,
the diocese from which he has been transferred becomes vacant.
§2 In the period
between receiving certain notification of the transfer and taking possession of
the new diocese, in the diocese from which he is being transferred the Bishop:
1° has the power,
and is bound by the obligations, of a diocesan Administrator; all powers of the
Vicar general and of the episcopal Vicar cease, without prejudice to can. 409
§2;
2° receives the
full remuneration proper to the office.
Can. 419 While
the see is vacant and until the appointment of a diocesan Administrator, the
governance of the diocese devolves upon the auxiliary Bishop. If there are a
number of auxiliary Bishops, it devolves upon the senior by promotion. If there
is no auxiliary Bishop, it devolves upon the college of consultors, unless the
Holy See has provided otherwise. The one who thus assumes the governance of the
diocese must without delay convene the college which is competent to appoint a
diocesan Administrator.
Can. 420 Unless
the Holy See has prescribed otherwise, when the see is vacant in a vicariate or
a prefecture apostolic, the governance is assumed by the Pro‑Vicar or Pro‑Prefect
who was designated for this sole purpose by the Vicar or Prefect immediately
upon taking possession.
Can. 421 §1
Within eight days of receiving notification of the vacancy of an episcopal see,
a diocesan Administrator is to be elected by the college of consultors, to
govern the diocese for the time being, without prejudice to the provisions of
can. 502 §3.
§2 If, for any
reason, the diocesan Administrator is not lawfully elected within the
prescribed time, his appointment devolves upon the Metropolitan. If the
metropolitan see is itself vacant, or if both the metropolitan see and a
suffragan see are vacant, the appointment devolves on the suffragan who is
senior by promotion.
Can. 422 The
auxiliary Bishop or, if there is none, the college of consultors, must as soon
as possible notify the Apostolic See of the death of the Bishop. The person
elected as diocesan Administrator must as soon as possible notify the Apostolic
See of his election.
Can. 423 §1 Only
one diocesan Administrator is to be appointed, contrary customs being
reprobated; otherwise the election is invalid.
§2 The diocesan
Administrator is not to be at the same time the financial administrator.
Accordingly, if the financial administrator of the diocese is elected
Administrator, the finance committee is to elect another temporary financial
administrator.
Can. 424 The
diocesan Administrator is to be elected according to the norms of cann. 165‑178.
Can. 425 §1 Only
a priest who has completed his thirty‑fifth year of age, and has not
already been elected, appointed or presented for the same see, can validly be
deputed to the office of diocesan Administrator.
§2 As diocesan
Administrator a priest is to be elected who is outstanding for doctrine and
prudence.
§3 If the
conditions prescribed in §1 have not been observed, the Metropolitan or, if the
metropolitan see itself is vacant, the suffragan senior by promotion, having
verified the truth of the matter, is to appoint an Administrator for that
occasion. The acts of a person elected contrary to the provisions of §1 are by
virtue of the law itself invalid.
Can. 426 Whoever
governs the diocese before the appointment of the diocesan Administrator, has
the power which the law gives to a Vicar general.
Can. 427 §1 The
diocesan Administrator is bound by the obligations and enjoys the power of a
diocesan Bishop, excluding those matters which are excepted by the nature of
things or by the law itself.
§2 The diocesan
Administrator obtains his power on his acceptance of the election, without the
need of confirmation from anyone, but without prejudice to the provision of
can. 833, n. 4.
Can. 428 §1 While
the see is vacant, no innovation is to be made.
§2 Those who have
the interim governance of the diocese are forbidden to do anything which could
in any way prejudice the rights of the diocese or of the Bishop. Both they, and
in like manner any other persons, are specifically forbidden to remove, destroy
or in any way alter documents of the diocesan curia, either personally or
through another.
Can. 429 The
diocesan Administrator is bound by the obligations of residing in the diocese,
and of applying the Mass for the people in accordance with can. 388.
Can. 430 §1 The
office of the diocesan Administrator ceases when the new Bishop takes
possession of the diocese.
§2 Removal of the
diocesan Administrator is reserved to the Holy See. Should he perchance resign,
the resignation is to be submitted in authentic form to the college which is
competent to elect, but it does not require acceptance by the college. If the
diocesan Administrator is removed, resigns or dies, another diocesan
Administrator is to be elected in accordance with can. 421.
Can. 431
Neighbouring particular Churches are to be grouped into ecclesiastical
provinces, with a certain defined territory. The purpose of this grouping is to
promote, according to the circumstances of persons and place, a common pastoral
action of various neighbouring dioceses, and the more closely to foster
relations between diocesan Bishops.
§2 From now
onwards, as a rule, there are to be no exempt dioceses. Accordingly, individual
dioceses and other particular Churches which exist within the territory of an
ecclesiastical province, must be included in that ecclesiastical province.
§3 It is the
exclusive prerogative of the supreme authority in the Church, after consulting
the Bishops concerned, to establish, suppress or alter ecclesiastical
provinces.
Can. 432 §1 The
provincial council and the Metropolitan have authority over the ecclesiastical
province, in accordance with the law.
§2 By virtue of
the law, an ecclesiastical province has juridical personality.
Can. 433 §1 If it
seems advantageous, especially in countries where there are very many
particular Churches, the Holy See can, on the proposal of the Episcopal
Conference, join together neighbouring provinces into ecclesiastical regions.
§2 An
ecclesiastical region can be constituted a juridical person.
Can. 434 It is
for a meeting of the Bishops of an ecclesiastical region to foster cooperation
and common pastoral action in the region. However the powers given to Episcopal
Conferences in the canons of this Code do not belong to such a meeting, unless
some of these powers have been specially granted to it by the Holy See.
Can. 435 An
ecclesiastical province is presided over by a Metropolitan, who is Archbishop
in his own diocese. The office of Metropolitan is linked to an episcopal see,
determined or approved by the Roman Pontiff.
Can. 436 §1
Within the suffragan dioceses, the Metropolitan is competent:
1° to see that
faith and ecclesiastical discipline are carefully observed and to notify the
Roman Pontiff if there be any abuses;
2° for a reason
approved beforehand by the Apostolic See, to conduct a canonical visitation if
the suffragan Bishop has neglected it;
3° to appoint a
diocesan Administrator in accordance with cann. 421 §2 and 425 §3.
§2 Where
circumstances require it, the Apostolic See can give the Metropolitan special
functions and power, to be determined in particular law.
§3 The
Metropolitan has no other power of governance over suffragan dioceses. He can,
however, celebrate sacred functions in all churches as if he were a Bishop in
his own diocese, provided, if it is the cathedral church, the diocesan Bishop
has been previously notified.
Can. 437 §1 The
Metropolitan is obliged to request the pallium from the Roman Pontiff, either
personally or by proxy, within three months of his episcopal consecration or,
if he has already been consecrated, of his canonical appointment. The pallium
signifies the power which, in communion with the Roman Church, the Metropolitan
possesses by law in his own province.
§2 The
Metropolitan can wear the pallium, in accordance with the liturgical laws, in
any church of the ecclesiastical province over which he presides, but not
outside the province, not even with the assent of the diocesan Bishop.
§3 If the
Metropolitan is transferred to another metropolitan see, he requires a new
pallium.
Can. 438 The
title of Patriarch or Primate gives a prerogative of honour, but in the latin
Church does not carry with it any power of governance, except in certain
matters where an apostolic privilege or approved custom establishes otherwise.
Can. 439 §1 A
plenary council for all the particular Churches of the same Episcopal
Conference is to be celebrated as often as the Episcopal Conference, with the
approval of the Apostolic See, considers it necessary or advantageous.
§2 The norm laid
down in §1 is valid also for a provincial council to be celebrated in an
ecclesiastical province whose boundaries coincide with the boundaries of the
country.
Can. 440 §1 A
provincial council, for the various particular Churches of the same
ecclesiastical province, is celebrated as often as, in the judgement of the
majority of the diocesan Bishops of the province, it is considered opportune,
without prejudice to can. 439 §2.
§2 A provincial
council may not be called while the metropolitan see is vacant.
Can. 441 It is
the responsibility of the Episcopal Conference:
1° to convene a
plenary council;
2° to choose a
place within the territory of the Episcopal Conference for the celebration of
the council;
3° to elect from
among the diocesan Bishops a president of the plenary council, who is to be
approved by the Apostolic See;
4° to determine
the order of business and the matters to be considered, to announce when the
plenary council is to begin and how long it is to last, and to transfer,
prorogue and dissolve it.
Can. 442 §1 It is
the responsibility of the Metropolitan, with the consent of the majority of the
suffragan Bishops:
1° to convene a
provincial council
2° to choose a
place within the territory of the province for the celebration of the
provincial council;
3° to determine
the order of business and the matters to be considered, to announce when the
provincial council is to begin and how long it is to last, and to transfer,
prorogue and dissolve it.
§2 It is the
prerogative of the Metropolitan to preside over the provincial council. If he
is lawfully impeded from doing so, it is the prerogative of a suffragan Bishop
elected by the other suffragan Bishops.
Can. 443 §1 The
following have the right to be summoned to particular councils and have the
right to a deliberative vote:
1° diocesan
Bishops;
2° coadjutor and
auxiliary Bishops
3° other titular
Bishops who have been given a special function in the territory, either by the
Apostolic See or by the Episcopal Conference.
§2 Other titular
Bishops who are living in the territory, even if they are retired, may be
invited to particular councils; they have the right to a deliberative vote.
§3 The following
are to be invited to particular councils, but with only a consultative vote:
1° Vicars general
and episcopal Vicars of all the particular Churches in the territory;
2° the major
Superiors of religious institutes and societies of apostolic life. Their
number, for both men and women, is to be determined by the Episcopal Conference
or the Bishops of the province, and they are to be elected respectively by all
the major Superiors of institutes and societies which have a centre in the
territory;
3° the rectors of
ecclesiastical and catholic universities which have a centre in the territory,
together with the deans of their faculties of theology and canon law;
4° some rectors
of major seminaries, their number being determined as in no. 2; they are to be
elected by the rectors of seminaries situated in the territory.
§4 Priests and
others of Christ’s faithful may also be invited to particular councils, but
have only a consultative vote; their number is not to exceed half of those
mentioned in 1‑3.
§5 The cathedral
chapter, the council of priests and the pastoral council of each particular
Church are to be invited to provincial councils, but in such a way that each is
to send two members, designated in a collegial manner. They have only a consultative
vote.
§6 Others may be
invited to particular councils as guests, if this is judged expedient by the
Episcopal Conference for a plenary council, or by the Metropolitan with the
suffragan Bishops for a provincial council.
Can. 444 §1 All
who are summoned to particular councils must attend, unless they are prevented
by a just impediment, of whose existence they are obliged to notify the
president of the council.
§2 Those who are
summoned to a particular council in which they have a deliberative vote, but
who are prevented from attending because of a just impediment, can send a
proxy. The proxy, however, has only a consultative vote.
Can. 445 A
particular council is to ensure that the pastoral needs of the people of God in
its territory are provided for. While it must always respect the universal law
of the Church, it has power of governance, especially legislative power. It
can, therefore, determine whatever seems opportune for an increase of faith,
for the ordering of common pastoral action, for the direction of morality and
for the preservation, introduction and defence of a common ecclesiastical
discipline.
Can. 446 When a
particular council has concluded, the president is to ensure that all the acts
of the council are sent to the Apostolic See. The decrees drawn up by the
council are not to be promulgated until they have been reviewed by the
Apostolic See. The council has the responsibility of defining the manner in
which the decrees will be promulgated and the time when the promulgated decrees
will begin to oblige.
Can. 447 The
Episcopal Conference, a permanent institution, is the assembly of the Bishops
of a country or of a certain territory, exercising together certain pastoral
offices for Christ’s faithful of that territory. By forms and means of
apostolate suited to the circumstances of time and place, it is to promote, in
accordance with the law, that greater good which the Church offers to all
people.
Can. 448 §1 As a
general rule, the Episcopal Conference includes those who preside over all the
particular Churches of the same country, in accordance with can. 450.
§2 An Episcopal
Conference can, however, be established for a territory of greater or less
extent if the Apostolic See, after consultation with the diocesan Bishops
concerned, judges that circumstances suggest this. Such a Conference would
include only the Bishops of some particular Churches in a certain territory, or
those who preside over particular Churches in different countries. It is for
the Apostolic See to lay down special norms for each case.
Can. 449 §1 It is
for the supreme authority of the Church alone, after consultation with the
Bishops concerned, to establish, suppress, or alter Episcopal Conferences.
§2 An Episcopal
Conference lawfully established has juridical personality by virtue of the law
itself.
Can. 450 §1 By
virtue of the law, the following persons in the territory belong to the
Episcopal Conference: all diocesan Bishops and those equivalent to them in law;
all coadjutor Bishops, auxiliary Bishops and other titular Bishops who exercise
in the territory a special office assigned to them by the Apostolic See or by
the Episcopal Conference. Ordinaries of another rite may be invited, but have
only a consultative vote, unless the statutes of the Episcopal Conference
decree otherwise.
§2 The other
titular Bishops and the Legate of the Roman Pontiff are not by law members of
the Episcopal Conference.
Can. 451 Each
Episcopal Conference is to draw up its own statutes, to be reviewed by the
Apostolic See. In these, among other things, arrangements for the plenary
meetings of the Conference are to be set out, and provision is to be made for a
permanent committee of Bishops, and a general secretary of the Conference, and
for other offices and commissions by which, in the judgement of the Conference,
its purpose can more effectively be achieved.
Can. 452 §1 Each
Episcopal Conference is to elect its president and determine who, in the lawful
absence of the president, will exercise the function of vice‑president.
It is also to designate a general secretary, in accordance with the statutes.
§2 The president
of the Conference or, when he is lawfully impeded, the vice‑president,
presides not only over the general meetings of the Conference but also over the
permanent committee.
Can. 453 Plenary
meetings of the Episcopal Conference are to be held at least once a year, and
moreover as often as special circumstances require, in accordance with the
provisions of the statutes.
Can. 454 §1 By
virtue of the law diocesan Bishops, those equivalent to them in law and
coadjutor Bishops have a deliberative vote in plenary meetings of the Episcopal
Conference.
§2 Auxiliary
Bishops and other titular Bishops who belong to the Episcopal Conference have a
deliberative or consultative vote according to the provisions of the statutes
of the Conference. Only those mentioned in §1, however, have a deliberative
vote in the making or changing of the statutes.
Can. 455 §1 The
Episcopal Conference can make general decrees only in cases where the universal
law has so prescribed, or by special mandate of the Apostolic See, either on
its own initiative or at the request of the Conference itself.
§2 For the
decrees mentioned in §1 validly to be enacted at a plenary meeting, they must
receive two thirds of the votes of those who belong to the Conference with a
deliberative vote. These decrees do not oblige until they have been reviewed by
the Apostolic See and lawfully promulgated.
§3 The manner of
promulgation and the time they come into force are determined by the Episcopal
Conference.
§4 In cases where
neither the universal law nor a special mandate of the Apostolic See gives the
Episcopal Conference the power mentioned in §1, the competence of each diocesan
Bishop remains intact. In such cases, neither the Conference nor its president
can act in the name of all the Bishops unless each and every Bishop has given
his consent.
Can. 456 When a
plenary meeting of the Episcopal Conference has been concluded, its minutes are
to be sent by the president to the Apostolic See for information, and its
decrees, if any, for review.
Can. 457 The
permanent committee of Bishops is to prepare the agenda for the plenary
meetings of the Conference, and it is to ensure that the decisions taken at
those meetings are duly executed. It is also to conduct whatever other business
is entrusted to it in accordance with the statutes.
Can. 458 The
general secretary is to:
1° prepare an
account of the acts and decrees of the plenary meetings of the Conference, as
well as the acts of the permanent committee of Bishops and to communicate these
to all members of the Conference; also to record whatever other acts are
entrusted to him by the president or the permanent committee;
2° to communicate
to neighbouring Episcopal Conferences such acts and documents as the Conference
at a plenary meeting or the permanent committee of Bishops decides to send to
them.
Can. 459 §1
Relations are to be fostered between Episcopal Conferences, especially
neighbouring ones, in order to promote and defend whatever is for the greater
good.
§2 The Apostolic
See must be consulted whenever actions or affairs undertaken by Conferences
have an international character.
Can. 460 The
diocesan synod is an assembly of selected priests and other members of Christ’s
faithful of a particular Church which, for the good of the whole diocesan
community, assists the diocesan Bishop, in accordance with the following
canons.
Can. 461 §1 The
diocesan synod is to be held in each particular Church when the diocesan
Bishop, after consulting the council of priests, judges that the circumstances
suggest it.
§2 If a Bishop is
responsible for a number of dioceses, or has charge of one as his own and of
another as Administrator, he may convene one diocesan synod for all the
dioceses entrusted to him.
Can. 462 §1 Only
the diocesan Bishop can convene a diocesan synod. A person who has interim
charge of a diocese cannot do so.
§2 The diocesan
Bishop presides over the diocesan synod. He may however, delegate a Vicar
general or an episcopal Vicar to fulfil this office at individual sessions of
the synod.
Can. 463 §1 The
following are to be summoned to the diocesan synod as members and they are
obliged to participate in it:
1° the coadjutor
Bishop and the auxiliary Bishops;
2° the Vicars
general and episcopal Vicars, and the judicial Vicar
3° the canons of
the cathedral church;
4° the members of
the council of priests;
5° lay members of
Christ’s faithful, not excluding members of institutes of consecrated life, to
be elected by the pastoral council in the manner and the number to be
determined by the diocesan Bishop or, where this council does not exist, on a
basis determined by the diocesan Bishop;
6° the rector of
the major seminary of the diocese;
7° the vicars
forane;
8° at least one
priest from each vicariate forane to be elected by all those who have the care
of souls there; another priest is also to be elected, to take the place of the
first if he is prevented from attending;
9° some Superiors
of religious institutes and of societies of apostolic life which have a house
in the diocese: these are to be elected in the number and the manner determined
by the diocesan Bishop.
§2 The diocesan
Bishop may also invite others to be members of the diocesan synod, whether
clerics or members of institutes of consecrated life or lay members of the
faithful.
§3 If the
diocesan Bishop considers it opportune, he may invite to the diocesan Synod as
observers some ministers or members of Churches or ecclesial communities which
are not in full communion with the catholic Church.
Can. 464 A member
of the synod who is lawfully impeded from attending, cannot send a proxy to
attend in his or her place, but is to notify the diocesan Bishop of the reason
for not attending.
Can. 465 All
questions proposed are to be subject to the free discussion of the members in
the sessions of the synod.
Can. 466 The
diocesan Bishop is the sole legislator in the diocesan synod. Other members of
the synod have only a consultative vote. The diocesan Bishop alone signs the
synodal declarations and decrees, and only by his authority may these be
published.
Can. 467 The
diocesan Bishop is to communicate the text of the declarations and decrees of
the synod to the Metropolitan and to the Episcopal Conference.
Can. 468 §1 If he
judges it prudent, the diocesan Bishop can suspend or dissolve the diocesan
synod.
§2 Should the
episcopal see become vacant or impeded, the diocesan synod is by virtue of the
law itself suspended, until such time as the diocesan Bishop who succeeds to
the see decrees that it be continued or declares it terminated.
Can. 469 The
diocesan curia is composed of those institutes and persons who assist the
Bishop in governing the entire diocese, especially in directing pastoral
action, in providing for the administration of the diocese, and in exercising
judicial power.
Can. 470 The
appointment of those who fulfil an office in the diocesan curia belongs to the
diocesan Bishop.
Can. 471 All who
are admitted to an office in the curia must:
1° promise to
fulfil their office faithfully, as determined by law or by the Bishop;
2° observe
secrecy within the limits and according to the manner determined by law or by
the Bishop.
Can. 472 The
provisions of Book VII on ‘Processes’ are to be observed concerning cases and
persons involved in the exercise of judicial power in the curia. The following
canons are to be observed in what concerns the administration of the diocese.
Can. 473 §1 The
diocesan Bishop must ensure that everything concerning the administration of
the whole diocese is properly coordinated and is directed in the way that will
best achieve the good of that portion of the people of God entrusted to his
care.
§2 The diocesan
Bishop has the responsibility of coordinating the pastoral action of the Vicars
general and episcopal Vicars. Where it is useful, he may appoint a Moderator of
the curia, who must be a priest Under the Bishop’s authority, the Moderator is
to coordinate activities concerning administrative matters and to ensure that
the others who belong to the curia properly fulfil the offices entrusted to
them.
§3 Unless in the
Bishop’s judgement local conditions suggest otherwise, the Vicar general is to
be appointed Moderator of the curia or, if there are several Vicars general,
one of them.
§4 Where the
Bishop judges it useful for the better promotion of pastoral action, he can establish
an episcopal council, comprising the Vicars general and episcopal Vicars.
Can. 474 Acts of
the curia which of their nature are designed to have a juridical effect must,
as a requirement for validity, be signed by the
Ordinary from
whom they emanate. They must also be signed by the chancellor of the curia or a
notary. The chancellor is bound to notify the Moderator of the curia about
these acts.
Article 1: Vicars General and Episcopal Vicars
Can. 475 §1 In
each diocese the diocesan Bishop is to appoint a Vicar general to assist him in
the governance of the whole diocese. The Vicar ‑general has ordinary
power, in accordance with the following canons.
§2 As a general
rule, one Vicar general is to be appointed, unless the size of the diocese, the
number of inhabitants, or other pastoral reasons suggest otherwise.
Can. 476 As often
as the good governance of the diocese requires it, the diocesan Bishop can also
appoint one or more episcopal Vicars. These have the same ordinary power as the
universal law gives to a Vicar general, in accordance with the following
canons. The competence of an episcopal Vicar, however, is limited to a
determined part of the diocese, or to a specific type of activity, or to the
faithful of a particular rite, or to certain groups of people.
Can. 477 §1 The
Vicar general and the episcopal Vicar are freely appointed by the diocesan
Bishop, and can be freely removed by him, without prejudice to can. 406. An
episcopal Vicar who is not an auxiliary Bishop, is to be appointed for a period
of time, which is to be specified in the act of appointment.
§2 If the Vicar
general is absent or lawfully impeded, the diocesan Bishop can appoint another
to take his place. The same norm applies in the case of an episcopal Vicar.
Can. 478 §1 The
Vicar general and the episcopal Vicar are to be priests of not less than thirty
years of age, with a doctorate or licentiate in canon law or theology, or at
least well versed in these disciplines. They are to be known for their sound
doctrine, integrity, prudence and practical experience.
§2 The office of
Vicar general or episcopal Vicar may not be united with the office of canon
penitentiary, nor may the office be given to blood relations of the Bishop up
to the fourth degree.
Can. 479 §1 In
virtue of his office, the Vicar general has the same executive power throughout
the whole diocese as that which belongs by law to the diocesan Bishop: that is,
he can perform all administrative acts, with the exception however of those which
the Bishop has reserved to himself, or which by law require a special mandate
of the Bishop.
§2 By virtue of
the law itself, the episcopal Vicar has the same power as that mentioned in §1,
but only for the determined part of the territory or type of activity, or for
the faithful of the determined rite or group, for which he was appointed;
matters which the Bishop reserves to himself or to the Vicar general, or which
by law require a special mandate of the Bishop, are excepted.
§3 Within the
limits of their competence, the Vicar general and the episcopal Vicar have also
those habitual faculties which the Apostolic See has granted to the Bishop.
They may also execute rescripts, unless it is expressly provided otherwise, or
unless the execution was entrusted to the Bishop on a personal basis.
Can. 480 The
Vicar general and episcopal Vicar must give a report to the diocesan Bishop
concerning more important matters, both those yet to be attended to and those
already dealt with. They are never to act against the will and mind of the diocesan
Bishop.
Can. 481 §1 The
power of the Vicar general or episcopal Vicar ceases when the period of their
mandate expires, or by resignation. In addition, but without prejudice to cann.
406 and 409, it ceases when they are notified of their removal by the diocesan
Bishop, or when the episcopal see falls vacant.
§2 When the
office of the diocesan Bishop is suspended, the power of the Vicar general and
of the episcopal Vicar is suspended, unless they are themselves Bishops.
Article 2: The Chancellor, other Notaries and the Archives
Can. 482 §1 In
each curia a chancellor is to be appointed, whose principal office, unless
particular law states otherwise, is to ensure that the acts of the curia are
drawn up and dispatched, and that they are kept safe in the archive of the
curia.
§2 If it is
considered necessary, the chancellor may be given an assistant, who is to be
called the vice‑chancellor.
§3 The chancellor
and vice‑chancellor are automatically notaries and secretaries of the
curia.
Can. 483 §1 Besides
the chancellor, other notaries may be appointed, whose writing or signature
authenticates public documents. These notaries may be appointed for all acts,
or for judicial acts alone, or only for acts concerning a particular issue or
business.
§2 The chancellor
and notaries must be of unblemished reputation and above suspicion. In cases
which could involve the reputation of a priest, the notary must be a priest.
Can. 484 The
office of notary involves:
1° writing acts
and documents concerning decrees, arrangements, obligations, and other matters
which require their intervention;
2° faithfully
recording in writing what is done, and signing the document, with a note of the
place, the day, the month and the year;
3° while
observing all that must be observed, showing acts or documents from the
archives to those who lawfully request them, and verifying that copies conform
to the original.
Can. 485 The
chancellor and the other notaries can be freely removed by the diocesan Bishop.
They can be removed by a diocesan Administrator only with the consent of the
college of consultors.
Can. 486 §1 All
documents concerning the diocese or parishes must be kept with the greatest of
care.
§2 In each curia
there is to be established in a safe place a diocesan archive where documents
and writings concerning both the spiritual and the temporal affairs of the
diocese are to be properly filed and carefully kept under lock and key.
§3 An inventory
or catalogue is to be made of documents kept in the archive, with a short synopsis
of each document.
Can. 487 §1 The
archive must be locked, and only the Bishop and the chancellor are to have the
key; no one may be allowed to enter unless with the permission of the Bishop,
or with the permission of both the Moderator of the curia and the chancellor.
§2 Persons
concerned have the right to receive, personally or by proxy, an authentic
written or photostat copy of documents which are of their nature public and
which concern their own personal status.
Can. 488 It is
not permitted to remove documents from the archive, except for a short time and
with the permission of the Bishop or of both the Moderator of the curia and the
chancellor.
Can. 489 §1 In
the diocesan curia there is also to be a secret archive, or at least in the
ordinary archive there is to be a safe or cabinet, which is securely closed and
bolted and which cannot be removed. In this archive documents which are to be
kept under secrecy are to be most carefully guarded.
§2 Each year
documents of criminal cases concerning moral matters are to be destroyed
whenever the guilty parties have died, or ten years have elapsed since a
condemnatory sentence concluded the affair. A short summary of the facts is to
be kept, together with the text of the definitive judgement.
Can. 490 §1 Only
the Bishop is to have the key of the secret archive.
§2 When the see
is vacant, the secret archive or safe is not to be opened except in a case of
real necessity, and then by the diocesan Administrator personally.
§3 Documents are
not to be removed from the secret archive or safe.
Can. 491 §1 The
diocesan Bishop is to ensure that the acts and documents of the archives of
cathedral, collegiate, parochial and other churches in his territory are
carefully kept and that two copies are made of inventories or catalogues. One
of these copies is to remain in its own archive, the other is to be kept in the
diocesan archive.
§2 The diocesan
Bishop is to ensure that there is an historical archive in the diocese, and
that documents which have an historical value are carefully kept in it and
systematically filed.
§3 In order that
the acts and documents mentioned in §§1 and 2 may be inspected or removed, the
norms laid down by the diocesan Bishop are to be observed.
ARTICLE 3: THE FINANCE COMMITTEE AND THE FINANCIAL ADMINISTRATOR
Can. 492 §1 In
each diocese a finance committee is to be established, presided over by the
diocesan Bishop or his delegate. It is to be composed of at least three of the
faithful, expert in financial affairs and civil law, of outstanding integrity,
and appointed by the Bishop.
§2 The members of
the finance committee are appointed for five years but when this period has
expired they may be appointed for further terms of five years.
§3 Persons
related to the Bishop up to the fourth degree of consanguinity or affinity are
excluded from the finance committee.
Can. 493 Besides
the functions entrusted to it in Book V on ‘The Temporal Goods of the Church’,
it is the responsibility of the finance committee to prepare each year a budget
of income and expenditure over the coming year for the governance of the whole
diocese, in accordance with the direction of the diocesan Bishop. It is also
the responsibility of the committee to account at the end of the year for
income and expenditure.
Can. 494 §1 In
each diocese a financial administrator is to be appointed by the Bishop, after
consulting the college of consultors and the finance committee. The financial
administrator is to be expert in financial matters and of truly outstanding
integrity.
§2 The financial
administrator is to be appointed for five years, but when this period has
expired, may be appointed for further terms of five years. While in office he
or she is not to be removed except for a grave reason, to be estimated by the
Bishop after consulting the college of consultors and the finance committee.
§3 It is the
responsibility of the financial administrator, under the authority of the
Bishop, to administer the goods of the diocese in accordance with the plan of
the finance committee, and to make those payments from diocesan funds which the
Bishop or his delegates have lawfully authorised.
§4 At the end of
the year the financial administrator must give the finance committee an account
of income and expenditure.
Can. 495 §1 In
each diocese there is to be established a council of priests, that is, a group
of priests who represent the presbyterium and who are to be, as it were, the
Bishop’s senate. The council’s role is to assist the Bishop, in accordance with
the law, in the governance of the diocese, so that the pastoral welfare of that
portion of the people of God entrusted to the Bishop may be most effectively
promoted.
§2 In vicariates
and prefectures apostolic, the Vicar or Prefect is to appoint a council
composed of at least three missionary priests, whose opinion, even by letter,
he is to hear in the more serious affairs.
Can. 496 The
council of priests is to have its own statutes. These are to be approved by the
diocesan Bishop, having taken account of the norms laid down by the Episcopal
Conference.
Can. 497 As far
as the designation of the members of the council of priests is concerned:
1° about half are
to be freely elected by the priests themselves in accordance with the canons
which follow and with the statutes;
2° some priests
must, in accordance with the statutes, be members ex officio, that is belong to
the council by reason of the office they hold;
3° the diocesan
Bishop may freely appoint some others.
Can. 498 §1 The
following have the right to both an active and a passive voice in an election
to the council of priests:
1° all secular
priests incardinated in the diocese;
2° priests who
are living in the diocese and exercise some useful office there, whether they
be secular priests not incardinated in the diocese, or priest members of
religious institutes or of societies of apostolic life.
§2 Insofar as the
statutes so provide, the same right of election may be given to other priests
who have a domicile or quasi‑domicile in the diocese.
Can. 499 The
manner of electing the members of the council of priests is to be determined by
the statutes, and in such a way that as far as possible the priests of the
presbyterium are represented, with special regard to the diversity of
ministries and to the various regions of the diocese.
Can. 500 §1 It is
the prerogative of the diocesan Bishop to convene the council of priests, to
preside over it, and to determine the matters to be discussed in it or to
accept items proposed by the members.
§2 The council of
priests has only a consultative vote. The diocesan Bishop is to consult it in
matters of more serious moment, but he requires its consent only in the cases
expressly defined in the law.
§3 The council of
priests can never act without the diocesan Bishop. He alone can make public
those things which have been decided in accordance with §2.
Can. 501 §1 The
members of the council of priests are to be designated for a period specified
in the statutes, subject however to the condition that over a five year period
the council is renewed in whole or in part.
§2 When the see
is vacant, the council of priests lapses and its functions are fulfilled by the
college of consultors. The Bishop must reconstitute the council of priests
within a year of taking possession.
§3 If the council
of priests does not fulfil the office entrusted to it for the welfare of the
diocese, or if it gravely abuses that office, it can be dissolved by the
diocesan Bishop, after consultation with the Metropolitan, in the case of a
metropolitan see, the Bishop must first consult with the suffragan Bishop who
is senior by promotion. Within a year, however, the diocesan Bishop must
reconstitute the council.
Can. 502 §1 From
among the members of the council of priests, the diocesan Bishop freely
appoints not fewer than six and not more than twelve priests, who are for five
years to constitute the college of consultors. To it belong the functions
determined by law; on the expiry of the five year period, however, it continues
to exercise its functions until the new college is constituted.
§2 The diocesan
Bishop presides over the college of consultors. If, however, the see is impeded
or vacant, that person presides who in the interim takes the Bishop’s place or,
if he has not yet been appointed, then the priest in the college of consultors
who is senior by ordination.
§3 The Episcopal
Conference can determine that the functions of the college of consultors be
entrusted to the cathedral chapter.
§4 Unless the law
provides otherwise, in a vicariate or prefecture apostolic the functions of the
college of consultors belong to the council of the mission mentioned in can.
495 §2.
Can. 503 A
chapter of canons, whether cathedral or collegiate, is a college of priests,
whose role is to celebrate the more solemn liturgical functions in a cathedral
or a collegiate church. It is for the cathedral chapter, besides, to fulfil
those roles entrusted to it by law or by the diocesan Bishop.
Can. 504 The
establishment, alteration or suppression of a cathedral chapter is reserved to
the Apostolic See.
Can. 505 Every
chapter, whether cathedral or collegiate, is to have its own statutes,
established by lawful capitular act and approved by the diocesan Bishop. These
statutes are not to be changed or abrogated except with the approval of the
diocesan Bishop.
Can. 506 §1 The
statutes of a chapter, while preserving always the laws of the foundation, are
to determine the nature of the chapter and the number of canons. They are to
define what the chapter and the individual canons are to do in carrying out
divine worship and their ministry. They are to decide the meetings at which
chapter business is conducted and, while observing the provisions of the
universal law, they are to prescribe the conditions required for the validity
and for the lawfulness of the proceedings.
§2 In the
statutes the remuneration is also to be defined, both the fixed salary and the
amounts to be paid on the occasion of discharging the office, so too, having
taken account of the norms laid down by the Holy See, the insignia of the
canons.
Can. 507 §1 Among
the canons there is to be one who presides over the chapter. In accordance with
the statutes other offices are also to be established, account having been
taken of the practice prevailing in the region.
§2 Other offices
may be allotted to clerics not belonging to the chapter, so that, in accordance
with the statutes, they may provide assistance to the canons.
Can. 508 §1 The
canon penitentiary both of a cathedral church and of a collegiate church has by
law ordinary faculties, which he cannot however delegate to others, to absolve
in the sacramental forum from latae sententiae censures which have not been
declared and are not reserved to the Holy See. Within the diocese he can
absolve not only diocesans but outsiders also, whereas he can absolve diocesans
even outside the diocese.
§2 Where there is
no chapter, the diocesan Bishop is to appoint a priest to fulfil this office.
Can. 509 §1 It
belongs to the diocesan Bishop, after consultation with the chapter, but not to
the diocesan Administrator, to bestow each and every canonry both in the
cathedral church and in a collegiate church, any privilege to the contrary is
revoked. It is also for the diocesan Bishop to confirm the person elected by
the chapter to preside over it.
§2 The diocesan
Bishop is to appoint to canonries only priests who are of sound doctrine and
life and who have exercised a praiseworthy ministry.
Can. 510 §1
Parishes are no longer to be united with chapters of canons. Those which are
united to a chapter are to be separated from it by the diocesan Bishop.
§2 In a church
which is at the same time a parochial and a capitular church, a parish priest
is to be appointed, whether chosen from the chapter or not. He is bound by all
the obligations and he enjoys all the rights and faculties which by law belong
to a parish priest.
§3 The diocesan
Bishop is to establish certain norms whereby the pastoral duties of the parish
priest and the roles proper to the chapter are duly harmonised, so that the
parish priest is not a hindrance to capitular functions, nor the chapter to
those of the parish. Any conflicts which may arise are to be settled by the
diocesan Bishop, who is to ensure above all that the pastoral needs of the
faithful are suitably provided for.
§4 Alms given to
a church which is at the same time a parochial and a capitular church, are
presumed to be given to the parish, unless it is otherwise established.
Can. 511 In each
diocese, in so far as pastoral circumstances suggest, a pastoral council is to
be established. Its function, under the authority of the Bishop, is to study
and weigh those matters which concern the pastoral works in the diocese, and to
propose practical conclusions concerning them.
Can. 512 §1 A
pastoral council is composed of members of Christ’s faithful who are in full
communion with the catholic Church: clerics, members of institutes of
consecrated life, and especially lay people. They are designated in the manner
determined by the diocesan Bishop.
§2 The members of
Christ’s faithful assigned to the pastoral council are to be selected in such a
way that the council truly reflects the entire portion of the people of God
which constitutes the diocese, taking account of the different regions of the
diocese, of social conditions and professions, and of the part played in the
apostolate by the members, whether individually or in association with others.
§3 Only those
members of Christ’s faithful who are outstanding in firm faith, high moral
standards and prudence are to be assigned to the pastoral council.
Can. 513 §1 The
pastoral council is appointed for a determinate period, in accordance with the
provisions of the statutes drawn up by the Bishop.
§2 When the see
is vacant, the pastoral council lapses.
Can. 514 §1 The
pastoral council has only a consultative vote. It is for the diocesan Bishop
alone to convene it, according to the needs of the apostolate, and to preside
over it. He alone has the right to make public the matters dealt with in the
council.
§2 It is to be
convened at least once a year.
Can. 515 §1 A
parish is a certain community of Christ’s faithful stably established within a
particular Church, whose pastoral care, under the authority of the diocesan
Bishop, is entrusted to a parish priest as its proper pastor.
§2 The diocesan
Bishop alone can establish, suppress or alter parishes. He is not to establish,
suppress or notably alter them unless he has consulted the council of priests.
§3 A lawfully
established parish has juridical personality by virtue of the law itself.
Can. 516 §1
Unless the law provides otherwise, a quasi‑parish is equivalent to a
parish. A quasi‑parish is a certain community of Christ’s faithful within
a particular Church, entrusted to a priest as its proper pastor, but because of
special circumstances not yet established as a parish.
§2 Where some
communities cannot be established as parishes or quasi‑parishes, the
diocesan Bishop is to provide for their spiritual care in some other way.
Can. 517 §1 Where
circumstances so require, the pastoral care of a parish, or of a number of
parishes together, can be entrusted to several priests jointly, but with the
stipulation that one of the priests is to be the moderator of the pastoral care
to be exercised. This moderator is to direct the joint action and to be
responsible for it to the Bishop.
§2 If, because of
a shortage of priests, the diocesan Bishop has judged that a deacon, or some
other person who is not a priest, or a community of persons, should be
entrusted with a share in the exercise of the pastoral care of a parish, he is
to appoint some priest who, with the powers and faculties of a parish priest,
will direct the pastoral care.
Can. 518 As a
general rule, a parish is to be territorial, that is, it is to embrace all
Christ’s faithful of a given territory. Where it is useful however, personal
parishes are to be established, determined by reason of the rite, language or
nationality of the faithful of a certain territory, or on some other basis.
Can. 519 The
parish priest is the proper pastor of the parish entrusted to him. He exercises
the pastoral care of the community entrusted to him under the authority of the
diocesan Bishop, whose ministry of Christ he is called to share, so that for
this community he may carry out the offices of teaching, sanctifying and ruling
with the cooperation of other priests or deacons and with the assistance of lay
members of Christ’s faithful, in accordance with the law.
Can. 520 §1 A
juridical person may not be a parish priest. However, the diocesan Bishop, but
not the diocesan Administrator, can, with the consent of the competent
Superior, entrust a parish to a clerical religious institute or to a clerical
society of apostolic life, even by establishing it in the church of the
institute or society, subject however to the rule that one priest be the parish
priest or, if the pastoral care is entrusted to several priests jointly, that
there be a moderator as mentioned in can. 517 §1.
§2 The
entrustment of a parish, as in §1, may be either in perpetuity or for a
specified time. In either case this is to be done by means of a written
agreement made between the diocesan Bishop and the competent Superior of the
institute or society. This agreement must expressly and accurately define,
among other things, the work to be done, the persons to be assigned to it and
the financial arrangements.
Can. 521 §1 To be
validly appointed a parish priest, one must be in the sacred order of
priesthood.
§2 He is also to
be outstanding in sound doctrine and uprightness of character, endowed with
zeal for souls and other virtues, and possessed of those qualities which by
universal or particular law are required for the care of the parish in
question.
§3 In order that
one be appointed to the office of parish priest, his suitability must be
clearly established, in a manner determined by the diocesan Bishop, even by
examination.
Can. 522 It is
necessary that a parish priest have the benefit of stability, and therefore he
is to be appointed for an indeterminate period of time. The diocesan Bishop may
appoint him for a specified period of time only if the Episcopal Conference has
by decree allowed this.
Can. 523 Without
prejudice to can. 682, appointment to the office of parish priest belongs to
the diocesan Bishop, who is free to confer it on whomsoever he wishes, unless
someone else has a right of presentation or election.
Can. 524 The
diocesan Bishop is to confer a vacant parish on the one whom, after
consideration of all the circumstances, he judges suitable for the parochial
care of that parish, without any preference of persons. In order to assess
suitability, he is to consult the vicar forane, conduct suitable enquiries and,
if it is appropriate, seek the view of some priests and lay members of Christ’s
faithful.
Can. 525 When a
see is vacant or impeded, it is for the diocesan Administrator or whoever
governs the diocese in the interim:
1° to institute
priests lawfully presented for a parish or to confirm those lawfully elected to
one;
2° to appoint
parish priests if the see has been vacant or impeded for a year.
Can. 526 §1 A
parish priest is to have the parochial care of one parish only. However,
because of a shortage of priests or other circumstances, the care of a number
of neighbouring parishes can be entrusted to the one parish priest.
§2 In any one
parish there is to be only one parish priest, or one moderator in accordance
with can. 517 §1; any contrary custom is reprobated and any contrary privilege
revoked.
Can. 527 §1 One
who is promoted to exercise the pastoral care of a parish obtains this care and
is bound to exercise it from the moment he takes possession.
§2 The local
Ordinary or a priest delegated by him puts the parish priest into possession,
in accordance with the procedure approved by particular law or by lawful
custom. For a just reason, however, the same Ordinary can dispense from this
procedure, in which case the communication of the dispensation to the parish
replaces the taking of possession.
§3 The local
Ordinary is to determine the time within which the parish priest must take
possession of the parish. If, in the absence of a lawful impediment, he has not
taken possession within this time, the local Ordinary can declare the parish
vacant.
Can. 528 §1 The
parish priest has the obligation of ensuring that the word of God is proclaimed
in its entirety to those living in the parish. He is therefore to see to it
that the lay members of Christ’s faithful are instructed in the truths of
faith, especially by means of the homily on Sundays and holydays of obligation
and by catechetical formation. He is to foster works which promote the spirit
of the Gospel, including its relevance to social justice. He is to have a
special care for the catholic education of children and young people. With the
collaboration of the faithful, he is to make every effort to bring the gospel
message to those also who have given up religious practice or who do not
profess the true faith.
§2 The parish
priest is to take care that the blessed Eucharist is the centre of the parish
assembly of the faithful. He is to strive to ensure that the faithful are
nourished by the devout celebration of the sacraments, and in particular that
they frequently approach the sacraments of the blessed Eucharist and penance.
He is to strive to lead them to prayer, including prayer in their families, and
to take a live and active part in the sacred liturgy. Under the authority of
the diocesan Bishop, the parish priest must direct this liturgy in his own
parish, and he is bound to be on guard against abuses.
Can. 529 §1 So
that he may fulfil his office of pastor diligently, the parish priest is to
strive to know the faithful entrusted to his care. He is therefore to visit
their families, sharing in their cares and anxieties and, in a special way,
their sorrows, comforting them in the Lord. If in certain matters they are found
wanting, he is prudently to correct them. He is to help the sick and especially
the dying in great charity, solicitiously restoring them with the sacraments
and commending their souls to God. He is to be especially diligent in seeking
out the poor, the suffering, the lonely, those who are exiled from their
homeland, and those burdened with special difficulties. He is to strive also to
ensure that spouses and parents are sustained in the fulfilment of their proper
duties, and to foster the growth of christian life in the family.
§2 The parish
priest is to recognise and promote the specific role which the lay members of
Christ’s faithful have in the mission of the Church, fostering their
associations which have religious purposes. He is to cooperate with his proper
Bishop and with the presbyterium of the diocese. Moreover, he is to endeavour
to ensure that the faithful are concerned for the community of the parish, that
they feel themselves to be members both of the diocese and of the universal
Church, and that they take part in and sustain works which promote this
community.
Can. 530 The
functions especially entrusted to the parish priest are as follows:
1° the
administration of baptism;
2° the
administration of the sacrament of confirmation to those in danger of death, in
accordance with can. 883, n. 3;
3° the
administration of Viaticum and of the anointing of the sick, without prejudice
to can. 1003 §§2 and 3, and the imparting of the apostolic blessing;
4° the assistance
at marriages and the nuptial blessing;
5° the conducting
of funerals;
6° the blessing
of the baptismal font at paschal time, the conduct of processions outside the
church, and the giving of solemn blessings outside the church;
7° the more
solemn celebration of the Eucharist on Sundays and holydays of obligation.
Can. 531 Even
though another person has performed some parochial function, he is to give the
offering he receives from the faithful on that occasion to the parish fund
unless, in respect of voluntary offerings, there is a clear contrary intention
on the donor’s part; it is for the diocesan Bishop, after consulting the
council of priests, to prescribe regulations concerning the destination of
these offerings and to provide for the remuneration of clerics who fulfil such
a parochial function.
Can. 532 In all
juridical matters, the parish priest acts in the person of the parish, in
accordance with the law. He is to ensure that the parish goods are administered
in accordance with cann. 1281‑1288.
Can. 533 §1 The
parish priest is obliged to reside in the parochial house, near the church. In
particular cases, however, where there is a just reason, the local Ordinary may
permit him to reside elsewhere, especially in a house common to several
priests, provided the carrying out of the parochial duties is properly and
suitably catered for.
§2 Unless there
is a grave reason to the contrary, the parish priest may each year be absent on
holiday from his parish for a period not exceeding one month, continuous or
otherwise. The days which the parish priest spends on the annual spiritual
retreat are not reckoned in this period of vacation. For an absence from the
parish of more than a week, however, the parish priest is bound to advise the
local Ordinary.
§3 It is for the
diocesan Bishop to establish norms by which, during the parish priest’s
absence, the care of the parish is provided for by a priest with the requisite
faculties.
Can. 534 §1 When
he has taken possession of his parish, the parish priest is bound on each
Sunday and holyday of obligation in his diocese to apply the Mass for the
people entrusted to him. If he is lawfully impeded from this celebration, he is
to have someone else apply the Mass on these days or apply it himself on other
days.
§2 A parish
priest who has the care of several parishes is bound to apply only one Mass on
the days mentioned in §1, for all the people entrusted to him.
§3 A parish
priest who has not discharged the obligations mentioned in §§1 and 2, is as
soon as possible to apply for the people as many Masses as he has omitted.
Can. 535 §1 In
each parish there are to be parochial registers, that is, of baptisms, of
marriages and of deaths, and any other registers prescribed by the Episcopal
Conference or by the diocesan Bishop. The parish priest is to ensure that
entries are accurately made and that the registers are carefully preserved.
§2 In the
register of baptisms, a note is to be made of confirmation and of matters
pertaining to the canonical status of the faithful by reason of marriage,
without prejudice to the provision of can. 1133, and by reason of adoption, the
reception of sacred order, the making of perpetual profession in a religious
institute, or a change of rite. These annotations are always to be reproduced
on a baptismal certificate.
§3 Each parish is
to have its own seal. Certificates concerning the canonical status of the
faithful, and all acts which can have juridical significance, are to be signed
by the parish priest or his delegate and secured with the parochial seal.
§4 In each parish
there is to be an archive, in which the parochial books are to be kept,
together with episcopal letters and other documents which it may be necessary
or useful to preserve. On the occasion of visitation or at some other opportune
time, the diocesan Bishop or his delegate is to inspect all of these matters.
The parish priest is to take care that they do not fall into unauthorised
hands.
§5 Older
parochial registers are also to be carefully safeguarded, in accordance with
the provisions of particular law.
Can. 536 §1 If,
after consulting the council of priests, the diocesan Bishop considers it
opportune, a pastoral council is to be established in each parish. In this
council, which is presided over by the parish priest, Christ’s faithful,
together with those who by virtue of their office are engaged in pastoral care
in the parish, give their help in fostering pastoral action.
§2 The pastoral
council has only a consultative vote, and it is regulated by the norms laid
down by the diocesan Bishop.
Can. 537 In each
parish there is to be a finance committee to help the parish priest in the
administration of the goods of the parish, without prejudice to can. 532. It is
ruled by the universal law and by the norms laid down by the diocesan Bishop,
and it is comprised of members of the faithful selected according to these
norms.
Can. 538 §1 A
parish priest ceases to hold office by removal or transfer effected by the
diocesan Bishop in accordance with the law; by his personal resignation, for a
just reason, which for validity requires that it be accepted by the diocesan
Bishop; and by the lapse of time if, in accordance with the particular law
mentioned in can. 522, he was appointed for a specified period of time.
§2 A parish
priest who is a member of a religious institute or is incardinated in a society
of apostolic life, is removed in accordance with can. 682 §2.
§3 A parish
priest who has completed his seventy fifth year of age is requested to offer
his resignation from office to the diocesan Bishop who, after considering all
the circumstances of person and place, is to decide whether to accept or defer
it. Having taken account of the norms laid down by the Episcopal Conference,
the diocesan Bishop must make provision for the appropriate maintenance and
residence of the priest who has resigned.
Can. 539 When a
parish is vacant, or when the parish priest is prevented from exercising his
pastoral office in the parish by reason of imprisonment, exile or banishment,
or by reason of incapacity or ill health or some other cause, the diocesan
Bishop is as soon as possible to appoint a parochial administrator, that is, a
priest who will take the place of the parish priest in accordance with can.
540.
Can. 540 §1 The
parochial administrator is bound by the same obligations and has the same
rights as a parish priest, unless the diocesan Bishop prescribes otherwise.
§2 The parochial
administrator may not do anything which could prejudice the rights of the
parish priest or could do harm to parochial property.
§3 When he has
discharged his office, the parochial administrator is to give an account to the
parish priest.
Can. 541 §1 When
a parish is vacant, or when the parish priest is impeded from exercising his
pastoral office, pending the appointment of a parochial administrator the
interim governance of the parish is to be undertaken by the assistant priest;
if there are a number of assistants, by the senior by appointment; if there are
none, by the parish priest determined by particular law.
§2 The one who
has undertaken the governance of the parish in accordance with §1, is at once
to inform the local Ordinary of the parish vacancy.
Can. 542 The
priests to whom, in accordance with can. 516 §1[],is
jointly entrusted the pastoral care of a parish or of a number of parishes
together:
1° must possess
the qualities mentioned in can. 521;
2° are to be
appointed in accordance with cann. 522 and 524;
3° obtain the
pastoral care only from the moment of taking possession: their moderator is put
into possession in accordance with can. 527 §2; for the other priests, the
profession of faith lawfully made replaces the taking of possession.
Can. 543 §1 Each
of the priests to whom the care of a parish or of a number of parishes together
is jointly entrusted, is bound to fulfil the duties and functions of a parish
priest mentioned in cann. 528, 529 and 530. They are to do this according to a plan
determined among themselves. The faculty to assist at marriages, and all the
faculties to dispense which are given to a parish priest by virtue of the law
itself, belong to all, but are to be exercised under the direction of the
moderator.
§2 All the
priests who belong to the group:
1° are bound by
the obligation of residence;
2° are by common
counsel to establish an arrangement by which one of them celebrates the Mass
for the people, in accordance with can. 534.
3° []in
juridical affairs, only the moderator acts in the person of the parish or
parishes entrusted to the group.
Can. 544 When one
of the priests, or the moderator, of the group mentioned in can. 517 §1 ceases
to hold office, or when any member of it becomes incapable of exercising his
pastoral office, the parish or parishes whose care is entrusted to the group do
not become vacant. It is for the diocesan Bishop to appoint another moderator;
until he is appointed by the Bishop, the priest of the group who is senior by
appointment is to fulfil this office.
Can. 545 §1
Whenever it is necessary or opportune for the due pastoral care of the parish,
one or more assistant priests can be joined with the parish priest. As
cooperators with the parish priest and sharers in his concern, they are, by
common counsel and effort with the parish priest and under his authority, to
labour in the pastoral ministry.
§2 An assistant
priest may be appointed either to help in exercising the entire pastoral
ministry, whether in the whole parish or in a part of it or for a particular
group of the faithful within it, or even to help in carrying out a specific
ministry in a number of parishes at the same time.
Can. 546 To be
validly appointed an assistant priest, one must be in the sacred order of
priesthood.
Can. 547 The
diocesan Bishop freely appoints an assistant priest; if he has judged it
opportune, he will have consulted the parish priest or parish priests of the
parishes to which the assistant is appointed, and the Vicar forane, without
prejudice to can. 682 §1.
Can. 548 §1 The
obligations and rights of assistant priests are defined not only by the canons
of this chapter, but also by the diocesan statutes, and by the letter of the
diocesan Bishop ; they are more specifically determined by the directions of
the parish priest.
§2 Unless it is
otherwise expressly provided in the letter of the diocesan Bishop, the
assistant priest is by virtue of his office bound to help the parish priest in
the entire parochial ministry, with the exception of the application of the
Mass for the people. Likewise, if the matter should arise in accordance with
the law, he is bound to take the place of the parish priest.
§3 The assistant
priest is to report regularly to the parish priest on pastoral initiatives,
both those planned and those already undertaken. In this way the parish priest
and the assistant or assistants can by their joint efforts provide a pastoral
care of the parish for which they are together answerable.
Can. 549 When the
parish priest is absent, the norms of can. 541 §1 are to be observed, unless
the diocesan Bishop has provided otherwise in accordance with can. 533 §3, or
unless a parochial administrator has been appointed. If can. 541 §1 is applied,
the assistant priest is bound by all the obligations of the parish priest, with
the exception of the obligation to apply the Mass for the people.
Can. 550 §1 The
assistant priest is bound to reside in the parish or, if he is appointed for a
number of parishes at the same time, in one of them. For a just reason,
however, the local Ordinary may permit him to reside elsewhere, especially in a
house common to several priests, provided the carrying out of the pastoral
duties does not in any way suffer thereby.
§2 The local
Ordinary is to see to it that, where it is possible, some manner of common life
in the parochial house be encouraged between the parish priest and the
assistants.
§3 As far as
holidays are concerned, the assistant priest has the same rights as the parish
priest.
Can. 551 The
provisions of can. 531 are to be observed in respect of offerings which
Christ’s faithful make to the assistant priest on the occasion of his exercise
of the pastoral ministry.
Can. 552 Without
prejudice to can. 682 §2, an assistant priest may for a just reason be removed
by the diocesan Bishop or the diocesan Administrator.
Can. 553 §1 The
Vicar forane, known also as the dean or the archpriest or by some other title,
is the priest who is placed in charge of a vicariate forane.
§2 Unless it is
otherwise prescribed by particular law, the Vicar forane is appointed by the
diocesan Bishop; if he has considered it prudent to do so, he will have consulted
the priests who are exercising the ministry in the vicariate.
Can. 554 §1 For
the office of Vicar forane, which is not tied to the office of parish priest of
any given parish, the Bishop is to choose a priest whom, in view of the
circumstances of place and time, he has judged to be suitable.
§2 The Vicar
forane is to be appointed for a certain period of time, determined by
particular law.
§3 For a just
reason, the diocesan Bishop may in accordance with his prudent judgement freely
remove the Vicar forane from office.
Can. 555 §1 Apart
from the faculties lawfully given to him by particular law, the Vicar forane
has the duty and the right:
1° to promote and
coordinate common pastoral action in the vicariate;
2° to see that
the clerics of his district lead a life befitting their state, and discharge
their obligations carefully
3° to ensure that
religious functions are celebrated according to the provisions of the sacred
liturgy; that the elegance and neatness of the churches and sacred furnishings
are properly maintained, particularly in regard to the celebration of the
Eucharist and the custody of the blessed Sacrament; that the parish registers
are correctly entered and duly safeguarded; that ecclesiastical goods are
carefully administered; finally, that the parochial house is looked after with
care.
§2 In the
vicariate entrusted to him, the Vicar forane:
1° is to
encourage the clergy, in accordance with the provisions of particular law, to
attend at the prescribed time lectures and theological meetings or conferences,
in accordance with can. 272 §2[]
.
2° is to see to
it that spiritual assistance is available to the priests of his district, and
he is to show a particular solicitude for those who are in difficult
circumstances or are troubled by problems.
§3 When he has
come to know that parish priests of his district are seriously ill, the Vicar
forane is to ensure that they do not lack spiritual and material help. When
they die, he is to ensure that their funerals are worthily celebrated. Moreover,
should any of them fall ill or die, he is to see to it that books, documents,
sacred furnishings and other items belonging to the Church are not lost or
removed.
§4 The Vicar
forane is obliged to visit the parishes of his district in accordance with the
arrangement made by the diocesan Bishop.
Article 1: Rectors of Churches
Can. 556 Rectors
of churches are here understood to be priests to whom is entrusted the care of
some church which is neither a parochial nor a capitular church, nor a church
attached to the house of a religious community or a society of apostolic life
which holds services in it.
Can. 557 §1 The
rector of a church is freely appointed by the diocesan Bishop, without
prejudice to a right of election or presentation to which someone may lawfully
have claim: in which case the diocesan Bishop has the right to confirm or to
appoint the rector.
§2 Even if the
church belongs to some clerical religious institute of pontifical right, it is
for the diocesan Bishop to appoint the rector presented by the Superior.
§3 The rector of
a church which is attached to a seminary or to a college governed by clerics,
is the rector of the seminary or college, unless the diocesan Bishop has
determined otherwise.
Can. 558 Without
prejudice to can. 262, the rector of a church may not perform in his church the
parochial functions mentioned in can. 530 nn. 1‑‑6, without the
consent or, where the matter requires it, the delegation of the parish priest.
Can. 559 The
rector can conduct liturgical celebrations, even solemn ones, in the church
entrusted to him, without prejudice to the legitimate laws of a foundation, and
on condition that in the judgement of the local Ordinary these celebrations do
not in any way harm the parochial ministry.
Can. 560 Where he
considers it opportune, the local Ordinary may direct the rector to celebrate
in his church certain functions for the people, even parochial functions, and
also to open the church to certain groups of the faithful so that they may hold
liturgical celebrations there.
Can. 561 Without
the permission of the rector or some other lawful superior, no one may
celebrate the Eucharist, administer the sacraments, or perform other sacred
functions in the church. This permission is to be given or refused in
accordance with the law.
Can. 562 Under
the authority of the local Ordinary, having observed the lawful statutes and
respected acquired rights, the rector of a church is obliged to see that sacred
functions are worthily celebrated in the church, in accordance with liturgical
and canon law, that obligations are faithfully fulfilled, that the property is
carefully administered, and that the maintenance and adornment of the
furnishings and buildings are assured.
He must also
ensure that nothing is done which is in any way unbecoming to the holiness of
the place and to the reverence due to the house of God.
Can. 563 For a
just reason, the local Ordinary may in accordance with his prudent judgement
remove the rector of a church from office, even if he had been elected or
presented by others, but without prejudice to can. 682 §2.
Article 2: Chaplains
Can. 564 A
chaplain is a priest to whom is entrusted in a stable manner the pastoral care,
at least in part, of some community or special group of Christ’s faithful, to
be exercised in accordance with universal and particular law.
Can. 565 Unless
the law provides otherwise or unless special rights lawfully belong to someone,
a chaplain is appointed by the local Ordinary, to whom also it belongs to
appoint one who has been presented or to confirm one elected.
Can. 566 §1 A
chaplain must be given all the faculties which due pastoral care demands.
Besides those which are given by particular law or by special delegation, a
chaplain has by virtue of his office the faculty to hear the confessions of the
faithful entrusted to his care, to preach to them the word of God, to
administer Viaticum and the anointing of the sick, and to confer the sacrament
of confirmation when they are in danger of death.
§2 In hospitals
and prisons and on sea voyages, a chaplain has the further facility, to be
exercised only in those places, to absolve from latae sententiae censures which
are neither reserved nor declared, without prejudice to can. 976.
Can. 567 §1 The
local Ordinary is not to proceed to the appointment of a chaplain to a house of
a lay religious institute without consulting the Superior. The Superior has the
right, after consulting the community, to propose a particular priest.
§2 It is the
responsibility of the chaplain to celebrate or to direct liturgical functions;
he may not, however, involve himself in the internal governance of the
institute.
Can. 568 As far
as possible, chaplains are to be appointed for those who, because of their
condition of life, are not able to avail themselves of the ordinary care of
parish priests, as for example, migrants, exiles, fugitives, nomads and sea‑farers.
Can. 569
Chaplains to the armed forces are governed by special laws.
Can. 570 If a non‑parochial
church is attached to a centre of a community or group, the rector of the
church is to be the chaplain, unless the care of the community or of the church
requires otherwise.
Can. 571 In the
exercise of his pastoral office a chaplain is to maintain the due relationship
with the parish priest.
Can. 572 In
regard to the removal of a chaplain, the provisions of can. 563 are to be
observed.
Can. 573 §1 Life
consecrated through profession of the evangelical counsels is a stable form of
living, in which the faithful follow Christ more closely under the action of
the Holy Spirit, and are totally dedicated to God, who is supremely loved. By a
new and special title they are dedicated to seek the perfection of charity in
the service of God’s Kingdom, for the honour of God, the building up of the
Church and the salvation of the world. They are a splendid sign in the Church,
as they foretell the heavenly glory.
§2 Christ’s
faithful freely assume this manner of life in institutes of consecrated life
which are canonically established by the competent ecclesiastical authority. By
vows or by other sacred bonds, in accordance with the laws of their own
institutes, they profess the evangelical counsels of chastity, poverty and
obedience. Because of the charity to which these counsels lead, they are linked
in a special way to the Church and its mystery.
Can. 574 §1 The
state of persons who profess the evangelical counsels in these institutes
belongs to the life and holiness of the Church. It is therefore to be fostered
and promoted by everyone in the Church.
§2 Some of
Christ’s faithful are specially called by God to this state, so that they may
benefit from a special gift in the life of the Church and contribute to its
saving mission according to the purpose and spirit of each institute.
Can. 575 The
evangelical counsels, based on the teaching and example of Christ the Master,
are a divine gift which the Church received from the Lord and which by His
grace it preserves always.
Can. 576 It is
the prerogative of the competent authority in the Church to interpret the
evangelical counsels, to legislate for their practice and, by canonical
approval, to constitute the stable forms of living which arise from them. The
same authority has the responsibility to do what is in its power to ensure that
institutes grow and flourish according to the spirit of their founders and to
their sound traditions.
Can. 577 In the
Church there are many institutes of consecrated life, with gifts that differ
according to the graces given them: they more closely follow Christ praying, or
Christ proclaiming the Kingdom of God, or Christ doing good to people, or
Christ in dialogue with the people of this world, but always Christ doing the
will of the Father.
Can. 578 The
whole patrimony of an institute must be faithfully preserved by all. This
patrimony is comprised of the intentions of the founders, of all that the
competent ecclesiastical authority has approved concerning the nature, purpose,
spirit and character of the institute, and of its sound traditions.
Can. 579 Provided
the Apostolic See has been consulted, diocesan Bishops can, by formal decree,
establish institutes of consecrated life in their own territories.
Can. 580 The
aggregation of one institute of consecrated life to another is reserved to the
competent authority of the aggregating institute, always safeguarding the
canonical autonomy of the other institute.
Can. 581 It is
for the competent authority of the institute to divide the institute into
parts, by whatever name these may be called, to establish new parts, or to
unite or otherwise modify those in existence, in accordance with the
constitutions.
Can. 582 Fusions
and unions of institutes of consecrated life are reserved to the Apostolic See
alone. To it are likewise reserved confederations or federations.
Can. 583 Changes
in institutes of consecrated life which affect elements previously approved by
the Apostolic See, cannot be made without the permission of the same See.
Can. 584 Only the
Apostolic See can suppress an institute and dispose of its temporal goods.
Can. 585 The
competent authority of an institute can suppress parts of the same institute.
Can. 586 §1 A
true autonomy of life, especially of governance, is recognised for each
institute. This autonomy means that each institute has its own discipline in
the Church and can preserve whole and entire the patrimony described in can.
578.
§2 Local
Ordinaries have the responsibility of preserving and safeguarding this
autonomy.
Can. 587 §1 To
protect more faithfully the vocation and identity of each institute, the
fundamental code or constitutions of the institute are to contain, in addition
to those elements which are to be preserved in accordance with can. 578, basic
norms about the governance of the institute, the discipline of the members, the
admission and formation of members, and the proper object of their sacred
bonds.
§2 This code is
approved by the competent ecclesiastical authority, and can be changed only
with the consent of the same.
§3 In the
constitutions, the spiritual and juridical elements are to be aptly harmonised.
Norms, however, are not to be multiplied without necessity.
§4 Other norms
which are established by the competent authority of the institute are to be
properly collected in other codes, but these can be conveniently reviewed and
adapted according to the needs of time and place.
Can. 588 §1 In
itself, the state of consecrated life is neither clerical nor lay.
§2 A clerical
institute is one which, by reason of the end or purpose intended by the
founder, or by reason of lawful tradition, is under the governance of clerics,
presupposes the exercise of sacred orders, and is recognised as such by
ecclesiastical authority.
§3 A lay
institute is one which is recognised as such by ecclesiastical authority
because, by its nature, character and purpose, its proper role, defined by its
founder or by lawful tradition, does not include the exercise of sacred orders.
Can. 589 An
institute of consecrated life is of pontifical right if it has been established
by the Apostolic See, or approved by it by means of a formal decree. An
institute is of diocesan right if it has been established by the diocesan
Bishop and has not obtained a decree of approval from the Apostolic See.
Can. 590 §1
Institutes of consecrated life, since they are dedicated in a special way to
the service of God and of the whole Church, are in a particular manner subject
to its supreme authority.
§2 The individual
members are bound to obey the Supreme Pontiff as their highest Superior, by
reason also of their sacred bond of obedience.
Can. 591 The
better to ensure the welfare of institutes and the needs of the apostolate, the
Supreme Pontiff, by virtue of his primacy in the universal Church, and with a
view to the common good, can withdraw institutes of consecrated life from the
governance of local Ordinaries and subject them to himself alone, or to some
other ecclesiastical authority.
Can. 592 §1 To
promote closer union between institutes and the Apostolic See, each supreme
Moderator is to send a brief account of the state and life of the institute to
the same Apostolic See, in the manner and at the time it lays down.
§2 Moderators of
each institute are to promote a knowledge of the documents issued by the Holy
See which affect the members entrusted to them, and are to ensure that these
documents are observed.
Can. 593 In their
internal governance and discipline, institutes of pontifical right are subject
directly and exclusively to the authority of the Apostolic See, without
prejudice to can. 586.
Can. 594 An
institute of diocesan right remains under the special care of the diocesan
Bishop, without prejudice to can. 586.
Can. 595 §1 It is
the Bishop of the principal house who approves the constitutions, and confirms
any changes lawfully introduced into them, except for those matters which the
Apostolic See has taken in hand. He also deals with major affairs which exceed
the power of the internal authority of the institute. If the institute had
spread to other dioceses, he is in all these matters to consult with the other
diocesan Bishops concerned.
§2 The diocesan
Bishop can grant a dispensation from the constitutions in particular cases.
Can. 596 §1
Superiors and Chapters of institutes have that authority over the members which
is defined in the universal law and in the constitutions.
§2 In clerical
religious institutes of pontifical right, Superiors have in addition the
ecclesiastical power of governance, for both the external and the internal
forum.
§3 The provisions
of cann. 131,133 and 137‑144 apply to the authority mentioned in §1.
Can. 597 §1 Every
catholic with a right intention and the qualities required by universal law and
the institute’s own law, and who is without impediment, may be admitted to an
institute of consecrated life.
§2 No one may be
admitted without suitable preparation.
Can. 598 §1 Each
institute, taking account of its own special character and purposes, is to
define in its constitutions the manner in which the evangelical counsels of
chastity, poverty and obedience are to be observed in its way of life.
§2 All members
must not only observe the evangelical counsels faithfully and fully, but also
direct their lives according to the institute’s own law, and so strive for the
perfection of their state.
Can. 599 The
evangelical counsel of chastity embraced for the sake of the Kingdom of heaven,
is a sign of the world to come, and a source of greater fruitfulness in an
undivided heart. It involves the obligation of perfect continence observed in
celibacy.
Can. 600 The
evangelical counsel of poverty in imitation of Christ who for our sake was made
poor when he was rich, entails a life which is poor in reality and in spirit,
sober and industrious, and a stranger to earthly riches. It also involves
dependence and limitation in the use and the disposition of goods, in
accordance with each institute’s own law.
Can. 601 The
evangelical counsel of obedience, undertaken in the spirit of faith and love in
the following of Christ, who was obedient even unto death, obliges submission
of one’s will to lawful Superiors, who act in the place of God when they give
commands that are in accordance with each institute’s own constitutions.
Can. 602 The
fraternal life proper to each institute unites all the members into, as it
were, a special family in Christ. It is to be so defined that for all it proves
of mutual assistance to fulfil their vocation. The fraternal union of the
members, rooted and based in charity, is to be an example of universal
reconciliation in Christ.
Can. 603 §1
Besides institutes of consecrated life, the Church recognises the life of
hermits or anchorites, in which Christ’s faithful withdraw further from the
world and devote their lives to the praise of God and the salvation of the
world through the silence of solitude and through constant prayer and penance.
§2 Hermits are
recognised by law as dedicated to God in consecrated life if, in the hands of
the diocesan Bishop, they publicly profess, by a vow or some other sacred bond,
the three evangelical counsels, and then lead their particular form of life
under the guidance of the diocesan Bishop .
Can. 604 §1 The
order of virgins is also to be added to these forms of consecrated life.
Through their pledge to follow Christ more closely, virgins are consecrated to
God, mystically espoused to Christ and dedicated to the service of the Church,
when the diocesan Bishop consecrates them according to the approved liturgical
rite.
§2 Virgins can be
associated together to fulfil their pledge more faithfully, and to assist each
other to serve the Church in a way that befits their state.
Can. 605 The
approval of new forms of consecrated life is reserved to the Apostolic See.
Diocesan Bishops, however, are to endeavour to discern new gifts of consecrated
life which the Holy Spirit entrusts to the Church. They are also to assist
promotors to express their purposes in the best possible way, and to protect
these purposes with suitable statutes, especially by the application of the
general norms contained in this part of the Code.
Can. 606
Provisions concerning institutes of consecrated life and their members are
equally valid in law for both sexes, unless it is otherwise clear from the
context or from the nature of things.
Can. 607 §1
Religious life, as a consecration of the whole person, manifests in the Church
the marvellous marriage established by God as a sign of the world to come.
Religious thus consummate a full gift of themselves as a sacrifice offered to
God, so that their whole existence becomes a continuous worship of God in
charity.
§2 A religious
institute is a society in which, in accordance with their own law, the members
pronounce public vows and live a fraternal life in common. The vows are either
perpetual or temporary; if the latter, they are to be renewed when the time
elapses.
§3 The public
witness which religious are to give to Christ and the Church involves that
separation from the world which is proper to the character and purpose of each
institute.
Can. 608 A
religious community is to live in a lawfully constituted house, under the
authority of a Superior designated according to the norms of law. Each house is
to have at least an oratory, in which the Eucharist is celebrated and reserved,
so that it may truly be the centre of the community.
Can. 609 §1 A
house of a religious institute is established, with the prior written consent
of the diocesan Bishop, by the authority competent according to the
constitutions.
§2 For the
establishment of a monastery of cloistered nuns, the permission of the
Apostolic See is also required.
Can. 610 §1 In
establishing religious houses, the welfare of the Church and of the institute
are to be kept in mind, and care must be taken to safeguard everything that is
necessary for the members to lead their religious life in accordance with the
purposes and spirit proper to the institute.
§2 No house is to
be established unless it is prudently foreseen that the needs of the members
can be suitably provided for.
Can. 611 The
consent of the diocesan Bishop for the establishment of a religious house
carries with it the right:
1° to lead a life
according to the character and purposes proper to the institute;
2° to engage in
the works which are proper to the institute, in accordance with the law, and
subject to any conditions attached to the consent;
3° for clerical
religious institutes to have a church, subject to the provisions of can. 1215
§3, and to conduct the sacred ministries, with due observance of the law.
Can. 612 The
consent of the diocesan Bishop is required if a religious house is to be used
for apostolic works other than those for which it was established. This
permission is not required for a change which, while observing the laws of the
foundation, concerns only internal governance and discipline.
Can. 613 §1 A
religious house of canons regular or of monks under the governance and care of
their own Moderator is autonomous, unless the constitutions decree otherwise.
§2 The Moderator
of an autonomous house is by law a major Superior.
Can. 614
Monasteries of cloistered nuns which are associated with an institute of men,
have their own rule of life and governance, in accordance with the
constitutions. The mutual rights and obligations are to be defined in such a
way that spiritual good may come from the association.
Can. 615 If an
autonomous monastery has no major Superior other than its own Moderator, and is
not associated with any institute of religious in such a way that the Superior
of that institute has over the monastery a real authority determined by the
constitutions, it is entrusted, in accordance with the norms of law, to the
special vigilance of the diocesan Bishop.
Can. 616 §1 After
consultation with the diocesan Bishop, a supreme Moderator can suppress a
lawfully established religious house, in accordance with the constitutions. The
institute’s own law is to make provision for the disposal of the goods of the
suppressed house, with due regard for the wishes of founders or benefactors and
for lawfully acquired rights.
§2 The Holy See
alone can suppress the sole house of an institute, in which case it is also
reserved to the Holy See to prescribe concerning the property of the house.
§3 Unless the
constitutions enact otherwise, the suppression of the autonomous houses
mentioned in can. 613 belongs to the general chapter.
§4 The
suppression of an autonomous monastery of cloistered nuns pertains to the
Apostolic See; the provisions of the constitutions are to be observed
concerning the property of the monastery.
Article 1:
Superiors and Councils
Can. 617
Superiors are to fulfil their office and exercise their authority in accordance
with the norms of the universal law and of their own law.
Can. 618 The
authority which Superiors receive from God through the ministry of the Church
is to be exercised by them in a spirit of service. In fulfilling their office
they are to be docile to the will of God, and are to govern those subject to
them as children of God. By their reverence for the human person, they are to
promote voluntary obedience. They are to listen willingly to their subjects and
foster their cooperation for the good of the institute and the Church, without
prejudice however to their authority to decide and to command what is to be done.
Can. 619
Superiors are to devote themselves to their office with diligence. Together
with the members entrusted to them, they are to strive to build in Christ a
fraternal community, in which God is sought and loved above all. They are
therefore frequently to nourish their members with the food of God’s word and
lead them to the celebration of the liturgy. They are to be an example to the
members in cultivating virtue and in observing the laws and traditions proper
to the institute. They are to give the members opportune assistance in their
personal needs. They are to be solicitous in caring for and visiting the sick;
they are to chide the restless, console the fainthearted and be patient with
all.
Can. 620 Major
Superiors are those who govern an entire institute, or a province or a part
equivalent to a province, or an autonomous house; the vicars of the above are
also major Superiors. To these are added the Abbot Primate and the Superior of
a monastic congregation, though these do not have all the authority which the
universal law gives to major Superiors.
Can. 621 A
province is a union of several houses which, under one superior, constitutes an
immediate part of the same institute, and is canonically established by lawful
authority.
Can. 622 The
supreme Moderator has authority over all provinces, houses and members of the
institute, to be exercised in accordance with the institute’s own law. Other
Superiors have authority within the limits of their office.
Can. 623 To be
validly appointed or elected to the office of Superior, members must have been
perpetually or definitively professed for an appropriate period of time, to be
determined by their own law or, for major Superiors, by the constitutions.
Can. 624 §1
Superiors are to be constituted for a certain and appropriate period of time,
according to the nature and needs of the institute unless the constitutions
establish otherwise for the supreme Moderator and for Superiors of an
autonomous house.
§2 An institute’s
own law is to make suitable provisions so that Superiors constituted for a
defined time do not continue in offices of governance for too long a period of
time without an interval.
§3 During their
period in office, however, Superiors may be removed or transferred to another
office, for reasons prescribed in the institute’s own law.
Can. 625 The
supreme Moderator of the institute is to be designated by canonical election,
in accordance with the constitutions.
§2 The Bishop of
the principal house of the institute presides at the election of the Superior
of the autonomous monastery mentioned in can. 615, and at the election of the
supreme Moderator of an institute of diocesan right.
§3 Other
Superiors are to be constituted in accordance with the constitutions, but in
such a way that if they are elected, they require the confirmation of the
competent major Superior; if they are appointed by the Superior, the
appointment is to be preceded by suitable consultation.
Can. 626
Superiors in conferring offices, and members in electing to office, are to
observe the norms of the universal law and the institute’s own law, avoiding
any abuse or preference of persons. They are to have nothing but God and the
good of the institute before their eyes, and appoint or elect those whom, in
the Lord, they know to be worthy and fitting. In elections, besides, they are
to avoid directly or indirectly lobbying for votes, either for themselves or
for others.
Can. 627 §1
Superiors are to have their own council, in accordance with the constitutions,
and they must make use of it in the exercise of their office.
§2 Apart from the
cases prescribed in the universal law, an institute’s own law is to determine
the cases in which the validity of an act depends upon consent or advice being
sought in accordance with can. 127.
Can. 628 §1
Superiors who are designated for this office by the institute’s own law are at
stated times to visit the houses and the members entrusted to them, in
accordance with the norms of the same law.
§2 The diocesan
Bishop has the right and the duty to visit the following, even in respect of
religious discipline:
1° the autonomous
monasteries mentioned in can. 615;
2° the individual
houses of an institute of diocesan right situated in his territory.
§3 The members
are to act with confidence towards the visitator, to whom when lawfully
questioning they are bound to reply truthfully and with charity. It is not
lawful for anyone in any way to divert the members from this obligation or
otherwise to hinder the scope of the visitation.
Can. 629
Superiors are to reside each in his or her own house, and they are not to leave
it except in accordance with the institute’s own law.
Can. 630 §1 While
safeguarding the discipline of the institute, Superiors are to acknowledge the
freedom due to the members concerning the sacrament of penance and the
direction of conscience.
§2 Superiors are
to take care, in accordance with the institute’s own law, that the members have
suitable confessors available, to whom they may confess frequently.
§3 In monasteries
of cloistered nuns, in houses of formation, and in large lay communities, there
are to be ordinary confessors, approved by the local Ordinary after
consultation with the community. There is however, no obligation to approach
these confessors.
§4 Superiors are
not to hear the confessions of their subjects unless the members spontaneously
request them to do so.
§5 The members
are to approach their superiors with trust and be able to open their minds
freely and spontaneously to them. Superiors, however, are forbidden in any way
to induce the members to make a manifestation of conscience to themselves.
Article 2:
Chapters
Can. 631 §1 In an
institute the general chapter has supreme authority in accordance with the
constitutions. It is to be composed in such a way that it represents the whole
institute and becomes a true sign of its unity in charity. Its principal
functions are to protect the patrimony of the institute mentioned in can. 578
and to foster appropriate renewal in accord with that patrimony. It also elects
the supreme Moderator, deals with matters of greater importance, and issues
norms which all are bound to obey.
§2 The
composition of the general chapter and the limits of its powers are to be
defined in the constitutions. The institute’s own law is to determine in
further detail the order to be observed in the celebration of the chapter,
especially regarding elections and the matters to be treated.
§3 According to
the norms determined in the institute’s own law, not only provinces and local
communities, but also any individual member may freely submit their wishes and
suggestions to the general chapter.
Can. 632 The
institute’s own law is to determine in greater detail matters concerning other
chapters and other similar assemblies of the institute, that is, concerning
their nature, authority, composition, procedure and time of celebration.
Can. 633 §1
Participatory and consultative bodies are faithfully to carry out the task
entrusted to them, in accordance with the universal law and the institute’s own
law. In their own way they are to express the care and participation of all the
members for the good of the whole institute or community .
§2 In
establishing and utilising these means of participation and consultation, a
wise discernment is to be observed, and the way in which they operate is to be
in conformity with the character and purpose of the institute.
Article 3:
Temporal Goods and their Administration
Can. 634 §1 Since
they are by virtue of the law juridical persons, institutes, provinces and houses
have the capacity to acquire, possess, administer and alienate temporal goods,
unless this capacity is excluded or limited in the constitutions.
§2 They are,
however, to avoid all appearance of luxury, excessive gain and the accumulation
of goods.
Can. 635 §1 Since
the temporal goods of religious institutes are ecclesiastical goods, they are
governed by the provisions of Book V on ‘The Temporal Goods of the Church’,
unless there is express provision to the contrary.
§2 Each
institute, however, is to establish suitable norms for the use and
administration of goods, so that the poverty proper to the institute may be
fostered, defended and expressed.
Can. 636 §1 In
each institute, and in each province ruled by a major Superior, there is to be
a financial administrator, distinct from the major Superior and constituted in
accordance with the institute’s own law. The financial administrator is to
administer the goods under the direction of the respective Superior. Even in
local communities a financial administrator, distinct from the local Superior,
is in so far as possible to be constituted.
§2 At the time
and in the manner determined in the institute’s own law the financial
administrator and others with financial responsibilities are to render an
account of their administration to the competent authority.
Can. 637 Once a
year, the autonomous monasteries mentioned in can. 615 are to render an account
of their administration to the local Ordinary. The local Ordinary also has the
right to be informed about the financial affairs of a religious house of
diocesan right.
Can. 638 §1 It is
for an institute’s own law, within the limits of the universal law, to define
the acts which exceed the purpose and the manner of ordinary administration,
and to establish what is needed for the validity of an act of extraordinary
administration.
§2 Besides
Superiors, other officials designated for this task in the institute’s own law
may, within the limits of their office, validly make payments and perform
juridical acts of ordinary administration.
§3 For the
validity of alienation, and of any transaction by which the patrimonial
condition of the juridical person could be adversely affected there is required
the written permission of the competent Superior, given with the consent of his
or her council. Moreover, the permission of the Holy See is required if the
transaction involves a sum exceeding that which the Holy See has determined for
each region, or if it concerns things donated to the Church as a result of a
vow, or objects which are precious by reason of their artistic or historical
value.
§4 For the
autonomous monasteries mentioned in can. 615, and for institutes of diocesan
right, the written consent of the diocesan Bishop is necessary.
Can. 639 §1 If a
juridical person has contracted debts and obligations, even with the permission
of the Superior, it is responsible for them.
§2 If individual
members have, with the permission of the Superior, entered into contracts
concerning their own property, they are responsible. If, however, they have
conducted business for the institute on the mandate of a Superior, the
institute is responsible.
§3 If a religious
has entered into a contract without any permission of Superiors, the religious
is responsible, not the juridical person.
§4 However, an
action can always be brought against a person who has gained from a contract
entered into.
§5 Superiors are
to be careful not to allow debts to be contracted unless they are certain that
normal income can service the interest on the debt, and by lawful amortization
repay the capital over a period which is not unduly extended.
Can. 640 Taking
into account the circumstances of the individual places, institutes are to make
a special effort to give, as it were, a collective testimony of charity and
poverty. They are to do all in their power to donate something from their own
resources to help the needs of the Church and the support of the poor.
Article 1:
Admission to the Novitiate
Can. 641 The
right to admit candidates to the novitiate belongs to the major Superiors, in
accordance with the norms of the institute’s own law.
Can. 642
Superiors are to exercise a vigilant care to admit only those who, besides
being of required age, are healthy, have a suitable disposition, and have
sufficient maturity to undertake the life which is proper to the institute. If
necessary, the health, disposition and maturity are to be established by
experts, without prejudice to can. 220.
Can. 643 §1 The
following are invalidly admitted to the novitiate:
1° One who has
not yet completed the seventeenth year of age;
2° a spouse,
while the marriage lasts;
3° one who is
currently bound by a sacred bond to some institute of consecrated life, or is
incorporated in some society of apostolic life, without prejudice to can. 684;
4° one who enters
the institute through force, fear or deceit, or whom the Superior accepts under
the same influences;
5° one who has
concealed his or her incorporation in an institute of consecrated life or
society of apostolic life.
§2 An institute’s
own law can constitute other impediments even for the validity of admission, or
attach other conditions.
Can. 644
Superiors are not to admit secular clerics to the novitiate without consulting
their proper Ordinary; nor those who have debts which they are unable to meet.
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