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not been revoked, remain intact, unless they are expressly revoked by the canons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.
ARTICLE 1: FREE CONFERRAL
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.
ARTICLE 2: PRESENTATION
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.
ARTICLE 3: ELECTION
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.
ARTICLE 4: POSTULATION
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.
ARTICLE 1: RESIGNATION
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.
ARTICLE 2: TRANSFER
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.
ARTICLE 3: REMOVAL
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.
ARTICLE 4: DEPRIVATION
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.
PART I :
CHRIST’S FAITHFUL
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.
ARTICLE 1: THE ROMAN PONTIFF
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.
ARTICLE 2: THE COLLEGE OF BISHOPS
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.
Can. 645 §1 Before candidates are admitted to the novitiate they must
produce proof of baptism and confirmation, and of their free status.
§2 The admission of clerics or others who had been admitted to another
institute of consecrated life, to a society of apostolic life, or to a seminary,
requires in addition the testimony of, respectively, the local Ordinary, or
the major Superior of the institute or society, or the rector of the seminary.
§3 An institute’s own law can demand further proofs concerning the
suitability of candidates and their freedom from any impediment.
§4 The Superiors can seek other information, even under secrecy, if this
seems necessary to them.
ARTICLE 2: THE NOVITIATE AND THE FORMATION OF NOVICES
Can. 646 The purpose of the novitiate, by which life in an institute begins,
is to give the novices a greater understanding of their divine vocation, and
of their vocation to that institute. During the novitiate the novices are to
experience the manner of life of the institute and form their minds and hearts
in its spirit. At the same time their resolution and suitability are to be tested.
Can. 647 §1 The establishment, transfer and suppression of a novitiate
house are to take place by a written decree of the supreme Moderator of the
institute, given with the consent of the council.
§2 To be valid, a novitiate must take place in a house which is duly designated
for this purpose. In particular cases and by way of exception and with the permission
of the supreme Moderator given with the consent of the council, a candidate
can make the novitiate in another house of the institute, under the direction
of an approved religious who takes the place of the director of novices.
§3 A major Superior can allow a group of novices to reside, for a certain
period of time, in another specified house of the institute.
Can. 648 §1 For validity, the novitiate must comprise twelve months spent
in the novitiate community, without prejudice to the provision of can. 647 §3.
§2 To complete the formation of the novices, the constitutions can prescribe,
in addition to the time mentioned in §1, one or more periods of apostolic
activity, to be performed outside the novitiate community.
§3 The novitiate is not to be extended beyond two years.
Can. 649 §1 Without prejudice to the provisions of can. 647 §3, and
can. 648 §2, a novitiate is invalidated by an absence from the novitiate
house of more than three months, continuous or broken. Any absence of more than
fifteen days must be made good.
§2 With the permission of the competent major Superior, first profession
may be anticipated, though not by more than fifteen days.
Can. 650 §1 The object of the novitiate demands that novices be formed
under the supervision of the director of novices, in a manner of formation to
be defined by the institute’s own law.
§2 The governance of the novices is reserved to the director of novices
alone, under the authority of the major Superiors.
Can. 651 §1 The director of novices is to be a member of the institute
who has taken perpetual vows and has been lawfully designated.
§2 If need be, directors of novices may be given assistants, who are subject
to them in regard to the governance of the novitiate and the manner of formation.
§3 Those in charge of the formation of novices are to be members who have
been carefully prepared, and who are not burdened with other tasks, so that
they may discharge their office fruitfully and in a stable fashion.
Can. 652 §1 It is the responsibility of the directors of novices and their
assistants to discern and test the vocation of the novices, and gradually to
form them to lead the life of perfection which is proper to the institute.
§2 Novices are to be led to develop human and christian virtues. Through
prayer and self denial they are to be introduced to a fuller way of perfection.
They are to be instructed in contemplating the mystery of salvation, and in
reading and meditating on the sacred Scriptures. Their preparation is to enable
them to develop their worship of God in the sacred liturgy. They are to learn
how to lead a life consecrated to God and their neighbour in Christ through
the evangelical counsels. They are to learn about the character and spirit of
the institute, its purpose and discipline, its history and life, and be imbued
with a love for the Church and its sacred Pastors.
§3 Novices, conscious of their own responsibility, are to cooperate actively
with the director of novices, so that they may faithfully respond to the grace
of their divine vocation.
§4 By the example of their lives and by prayer, the members of the institute
are to ensure that they do their part in assisting the work of formation of
the novices.
§5 The period of novitiate mentioned in can. 648 §1, is to be set
aside exclusively for the work of formation. The novices are therefore not to
be engaged in studies or duties which do not directly serve this formation.
Can. 653 §1 A novice may freely leave the institute. The competent authority
of the institute may also dismiss a novice.
§2 On the completion of the novitiate, a novice, if judged suitable, is
to be admitted to temporary profession; otherwise the novice is to be dismissed.
If a doubt exists concerning suitability, the time of probation may be prolonged
by the major Superior, in accordance with the institute’s own law, but
for a period not exceeding six months.
ARTICLE 3: RELIGIOUS PROFESSION
Can. 654 By religious profession members make a public vow to observe the three
evangelical counsels. Through the ministry of the Church they are consecrated
to God, and are incorporated into the institute, with the rights and duties
defined by law.
Can. 655 Temporary profession is to be made for the period defined by the institute’s
own law. This period may not be less than three years nor longer than six years.
Can. 656 The validity of temporary profession requires:
1° that the person making it has completed at least the eighteenth year
of age;
2° that the novitiate has been made validly;
3° that admission has been granted, freely and in accordance with the norms
of law, by the competent Superior, after a vote of his or her council;
4° that the profession be explicit and made without force, fear or deceit;
5° that the profession be received by the lawful Superior, personally or
through another.
Can. 657 §1 When the period of time for which the profession was made
has been completed, a religious who freely asks, and is judged suitable, is
to be admitted to a renewal of profession or to perpetual profession; otherwise,
the religious is to leave.
§2 If it seems opportune, the period of temporary profession can be extended
by the competent Superior in accordance with the institute’s own law.
The total time during which the member is bound by temporary vows may not, however,
extend beyond nine years.
§3 Perpetual profession can for a just reason be anticipated, but not
by more than three months.
Can. 658 Besides the conditions mentioned in can. 656, nn. 3, 4 and 5, and
others attached by the institute’s own law, the validity of perpetual
profession requires:
1° that the person has completed at least the twenty first year of age;
2° that there has been previous temporary profession for at least three
years, without prejudice to the provision of can. 657 §3.
ARTICLE 4: THE FORMATION OF RELIGIOUS
Can. 659 §1 After first profession, the formation of all members in each
institute is to be completed, so that they may lead the life proper to the institute
more fully, and fulfil its mission more effectively.
§2 The institute’s own law is, therefore, to define the nature and
duration of this formation. In this, the needs of the Church and the conditions
of people and times are to be kept in mind, insofar as this is required by the
purpose and the character of the institute.
§3 The formation of members who are being prepared for sacred orders is
governed by the universal law and the institute’s own program of studies.
Can. 660 §1 Formation is to be systematic, adapted to the capacity of
the members, spiritual and apostolic, both doctrinal and practical. Suitable
ecclesiastical and civil degrees are to be obtained as opportunity offers.
§2 During the period of formation members are not to be given offices
and undertakings which hinder their formation.
Can. 661 Religious are to be diligent in continuing their spiritual, doctrinal
and practical formation throughout their lives. Superiors are to ensure that
they have the assistance and the time to do this.
Can. 662 Religious are to find their supreme rule of life in the following
of Christ as proposed in the Gospel and as expressed in the constitutions of
their own institute.
Can. 663 §1 The first and principal duty of all religious is to be the
contemplation of things divine and constant union with God in prayer.
§2 Each day the members are to make every effort to participate in the
Eucharistic sacrifice, receive the most holy Body of Christ and adore the Lord
himself present in the Sacrament.
§3 They are to devote themselves to reading the sacred Scriptures and
to mental prayer. In accordance with the provisions of their own law, they are
to celebrate the liturgy of the hours worthily, without prejudice to the obligation
of clerics mentioned in can. 276, §2, n.3. They are also to perform other
exercises of piety.
§4 They are to have a special devotion to the Virgin Mother of God, the
example and protectress of all consecrated life, including by way of the rosary.
§5 They are faithfully to observe the period of annual retreat.
Can. 664 Religious are earnestly to strive for the conversion of soul to God.
They are to examine their consciences daily, and to approach the sacrament of
penance frequently
Can. 665 §1 Religious are to reside in their own religious house and observe
the common life; they are not to stay elsewhere except with the permission of
the Superior. For a lengthy absence from the religious house, the major Superior,
for a just reason and with the consent of the council, can authorise a member
to live outside a house of the institute; such an absence is not to exceed one
year, unless it be for reasons of health, studies or an apostolate to be exercised
in the name of the institute.
§2 Members who unlawfully absent themselves from a religious house with
the intention of withdrawing from the authority of Superiors, are to be carefully
sought out and helped to return and to persevere in their vocation.
Can. 666 In using the means of social communication, a necessary discretion
is to be observed. Members are to avoid whatever is harmful to their vocation
and dangerous to the chastity of a consecrated person.
Can. 667 §1 In accordance with the institute’s own law, there is
to be in all houses an enclosure appropriate to the character and mission of
the institute. Some part of the house is always to be reserved to the members
alone.
§2 A stricter discipline of enclosure is to be observed in monasteries
which are devoted to the contemplative life.
§3 Monasteries of cloistered nuns who are wholly devoted to the contemplative
life, must observe papal enclosure, that is, in accordance with the norms given
by the Apostolic See. Other monasteries of cloistered nuns are to observe an
enclosure which is appropriate to their nature and is defined in the constitutions.
§4 The diocesan Bishop has the faculty of entering, for a just reason,
the enclosure of cloistered nuns whose monasteries are situated in his diocese.
For a grave reason and with the assent of the Abbess, he can permit others to
be admitted to the enclosure, and permit the nuns to leave the enclosure for
whatever time is truly necessary.
Can. 668 §1 Before their first profession, members are to cede the administration
of their goods to whomsoever they wish and, unless the constitutions provide
otherwise, they are freely to make dispositions concerning the use and enjoyment
of these goods. At least before perpetual profession, they are to make a will
which is valid also in civil law.
§2 To change these dispositions for a just reason, and to take any action
concerning temporal goods, there is required the permission of the Superior
who is competent in accordance with the institute’s own law.
§3 Whatever a religious acquires by personal labour, or on behalf of the
institute, belongs to the institute. Whatever comes to a religious in any way
through pension, grant or insurance also passes to the institute, unless the
institute’s own law decrees otherwise.
§4 When the nature of an institute requires members to renounce their
goods totally, this renunciation is to be made before perpetual profession and,
as far as possible, in a form that is valid also in civil law; it shall come
into effect from the day of profession. The same procedure is to be followed
by a perpetually professed religious who, in accordance with the norms of the
institute’s own law and with the permission of the supreme Moderator,
wishes to renounce goods, in whole or in part.
§5 Professed religious who, because of the nature of their institute,
totally renounce their goods, lose the capacity to acquire and possess goods;
actions of theirs contrary to the vow of poverty are therefore invalid. Whatever
they acquire after renunciation belongs to the institute, in accordance with
the institute’s own law.
Can. 669 §1 As a sign of their consecration and as a witness to poverty,
religious are to wear the habit of their institute, determined in accordance
with the institute’s own law.
§2 Religious of a clerical institute who do not have a special habit are
to wear clerical dress, in accordance with can. 284.
Can. 670 The institute must supply the members with everything that, in accordance
with the constitutions, is necessary to fulfil the purpose of their vocation.
Can. 671 Religious are not to undertake tasks and offices outside their own
institute without the permission of the lawful Superior.
Can. 672 Religious are bound by the provisions of Cann. 277,285, 286, 287 and
289. Religious who are clerics are also bound by the provisions of can. 279
§2. In lay institutes of pontifical right, the permission mentioned in
can. 285 §4 can be given by the major Superior.
Can. 673 The apostolate of all religious consists primarily in the witness
of their consecrated life, which they are bound to foster through prayer and
penance.
Can. 674 Institutes which are wholly directed to contemplation always have
an outstanding part in the mystical Body of Christ. They offer to God an exceptional
sacrifice of praise. They embellish the people of God with very rich fruits
of holiness, move them by their example, and give them increase by a hidden
apostolic fruitfulness. Because of this, no matter how urgent the needs of the
active apostolate, the members of these institutes cannot be called upon to
assist in the various pastoral ministries.
Can. 675 §1 Apostolic action is of the very nature of institutes dedicated
to apostolic works. The whole life of the members is, therefore, to be imbued
with an apostolic spirit, and the whole of their apostolic action is to be animated
by a religious spirit.
§2 Apostolic action is always to proceed from intimate union with God,
and is to confirm and foster this union.
§3 Apostolic action exercised in the name of the Church and by its command
is to be performed in communion with the Church.
Can. 676 Lay institutes of men and women participate in the pastoral mission
of the Church through the spiritual and corporal works of mercy, performing
very many different services for people. They are therefore to remain faithful
to the grace of their vocation.
Can. 677 §1 Superiors and members are faithfully to hold fast to the mission
and works which are proper to their institute. According to the needs of time
and place, however, they are prudently to adapt them, making use of new and
appropriate means.
§2 Institutes which have associations of Christ’s faithful joined
to them are to have a special care that these associations are imbued with the
genuine spirit of their family.
Can. 678 §1 In matters concerning the care of souls, the public exercise
of divine worship and other works of the apostolate, religious are subject to
the authority of the Bishops, whom they are bound to treat with sincere obedience
and reverence.
§2 In the exercise of an apostolate towards persons outside the institute,
religious are also subject to their own Superiors and must remain faithful to
the discipline of the institute. If the need arises, Bishops themselves are
not to fail to insist on this obligation.
§3 In directing the apostolic works of religious, diocesan Bishops and
religious Superiors must proceed by way of mutual consultation.
Can. 679 For a very grave reason a diocesan Bishop can forbid a member of a
religious institute to remain in his diocese, provided the person’s major
Superior has been informed and has failed to act; the matter must immediately
be reported to the Holy See.
Can. 680 Organised cooperation is to be fostered among different institutes,
and between them and the secular clergy. Under the direction of the Bishop,
there is to be a coordination of all apostolic works and actions, with due respect
for the character and purpose of each institute and the laws of its foundation.
Can. 681 §1 Works which the diocesan Bishop entrusts to religious are
under the authority and direction of the Bishop, without prejudice to the rights
of religious Superiors in accordance with can. 678 §§2 and 3.
§2 In these cases a written agreement is to be made between the diocesan
Bishop and the competent Superior of the institute. This agreement must expressly
and accurately define, among other things, the work to be done, the members
to be assigned to it and the financial arrangements.
Can. 682 §1 If an ecclesiastical office in a diocese is to be conferred
on a member of a religious institute, the religious is appointed by the diocesan
Bishop on presentation by, or at least with the consent of, the competent Superior.
§2 The religious can be removed from the office at the discretion of the
authority who made the appointment, with prior notice being given to the religious
Superior; or by the religious Superior, with prior notice being given to the
appointing authority. Neither requires the other’s consent.
Can. 683 §1 Either personally or through a delegate, the diocesan Bishop
can visit churches or oratories to which Christ’s faithful have habitual
access, schools other than those open only to the institute’s own members,
and other works of religion and charity entrusted to religious, whether these
works be spiritual or temporal. He can do this at the time of pastoral visitation,
or in a case of necessity.
§2 If the diocesan Bishop becomes aware of abuses, and a warning to the
religious Superior having been in vain, he can by his own authority deal with
the matter.
ARTICLE 1: TRANSFER TO ANOTHER INSTITUTE
Can. 684 §1 Perpetually professed members cannot transfer from their own
religious institute to another, except by permission of the supreme Moderators
of both institutes, given with the consent of their respective councils.
§2 On completion of a probationary period of at least three years, the
member can be admitted to perpetual profession in the new institute. A member
who refuses to make this profession, or is not admitted to do so by the competent
Superiors, is to return to the original institute, unless an indult of secularisation
has been obtained.
§3 For a religious to transfer from one autonomous monastery to another
monastery of the same institute, federation or confederation, the consent of
the major Superior of both monasteries and of the chapter of the receiving monastery
is required and is sufficient, unless the institute’s own law has established
further conditions. A new profession is not required.
§4 The institute’s own law is to determine the time and manner of
the probation which must precede the member’s profession in the new institute.
§5 To transfer to a secular institute or to a society of apostolic life,
or to transfer from these to a religious institute, the permission of the Holy
See is required and its instructions are to be followed.
Can. 685 §1 Until profession is made in the new institute, the rights
and obligations of the member in the previous institute are suspended, but the
vows remain. From the beginning of probation, the member is bound to observe
the laws of the new institute.
§2 By profession in the new institute the member is incorporated into
it, and the earlier vows, rights and obligations cease.
ARTICLE 2: DEPARTURE FROM THE INSTITUTE
Can. 686 §1 With the consent of his or her council, the supreme Moderator
can for a grave reason grant an indult of exclaustration to a perpetually professed
member for a period not exceeding three years. In the case of a cleric, the
indult requires the prior consent of the Ordinary of the place where the clerics
must reside. To extend this indult, or to grant one for more than three years,
is reserved to the Holy See or, in an institute of diocesan right, to the diocesan
Bishop.
§2 Only the Apostolic See can grant an indult of exclaustration for cloistered
nuns.
§3 At the request of the supreme Moderator acting with the consent of
his or her council, exclaustration can be imposed by the Holy See on a member
of an institute of pontifical right, or by a diocesan Bishop on a member of
an institute of diocesan right. In either case a grave reason is required, and
equity and charity are to be observed.
Can. 687 Members who are exclaustrated are considered as dispensed from those
obligations which are incompatible with their new condition of life. They remain
dependent on and under the care of their Superiors and, particularly in the
case of a cleric, of the local Ordinary. They may wear the religious habit,
unless the indult specifies otherwise, but they lack active and passive voice.
Can. 688 §1 A person who, on completion of the time of temporary profession,
wishes to leave the institute, is free to do so.
§2 A person who, during the time of temporary profession, for a grave
reason asks to leave the institute, can obtain an indult to leave. In an institute
of pontifical right, this indult can be given by the supreme Moderator with
the consent of his or her council. In institutes of diocesan right and in the
monasteries mentioned in can. 615, the indult must, for validity, be confirmed
by the Bishop in whose diocese is located the house to which the person is assigned.
Can. 689 §1 The competent major Superior, after consulting his or council,
can for just reasons exclude a member from making further profession on the
completion of temporary profession.
§2 Even though contracted after profession, a physical or psychological
infirmity which, in the judgement of experts, renders the member mentioned in
§1 unsuited to lead a life in the institute, constitutes a reason for not
admitting the member to renewal of profession or to perpetual profession, unless
the infirmity was contracted through the negligence of the institute or because
of work performed in the institute.
§3 A religious who becomes insane during the period of temporary vows
cannot be dismissed from the institute, even though unable to make a new profession.
Can. 690 §1 A person who lawfully leaves the institute after completing
the novitiate or after profession, can be re admitted by the supreme Moderator,
with the consent of his or her council, without the obligation of repeating
the novitiate. The same Moderator is to determine an appropriate probation prior
to temporary profession, and the length of time in vows before making perpetual
profession, in accordance with the norms of can. 655 and 657.
§2 The Superior of an autonomous monastery, acting with the consent of
his or her council, has the same faculty.
Can. 691 §1 A perpetually professed religious is not to seek an indult
to leave the institute, except for very grave reasons, weighed before the Lord.
The petition is to be presented to the supreme Moderator of the institute, who
will forward it to the competent authority with his or her own opinion and that
of the council.
§2 In institutes of pontifical right this indult is reserved to the Apostolic
See. In institutes of diocesan right the indult can be granted by the Bishop
in whose diocese is located the house to which the religious is assigned.
Can. 692 An indult to leave the institute, which is lawfully granted and notified
to the member, by virtue of the law itself carries with it, unless it has been
rejected by the member in the act of notification, a dispensation from the vows
and from all obligations arising from profession.
Can. 693 If the member is a cleric, the indult is not granted until he has
found a Bishop who will incardinate him in his diocese or at least receive him
there on probation. If he is received on probation, he is by virtue of the law
itself incardinated in the diocese after five years, unless the Bishop has rejected
him.
ARTICLE 3: THE DISMISSAL OF MEMBERS
Can. 694 §1 A member is to be considered automatically dismissed if he
or she:
1° has notoriously defected from the catholic faith;
2° has contracted marriage or attempted to do so, even civilly.
§2 In these cases the major Superior with his or her council must, after
collecting the evidence, without delay make a declaration of the fact, so that
the dismissal is juridically established.
Can. 695 §1 A member must be dismissed for the offences mentioned in Cann.
1397, 1398 and 1395, unless, for the offences mentioned in can. 1395 §2,
the Superior judges that dismissal is not absolutely necessary; and that sufficient
provision can be made in some other way for the amendment of the member, the
restoration of justice and the reparation of scandal.
§2 In these cases the major Superior is to collect the evidence concerning
the facts and the imputability of the offence. The accusation and the evidence
are then to be presented to the member, who shall be given the opportunity for
defence. All the acts, signed by the major Superior and the notary, are to be
forwarded, together with the written and signed replies of the member, to the
supreme Moderator.
Can. 696 §1 A member can be dismissed for other causes, provided they
are grave, external, imputable and juridically proven. Among such causes are:
habitual neglect of the obligations of consecrated life; repeated violations
of the sacred bonds; obstinate disobedience to the lawful orders of Superiors
in grave matters; grave scandal arising from the culpable behaviour of the member;
obstinate attachment to, or diffusion of, teachings condemned by the magisterium
of the Church; public adherence to materialistic or atheistic ideologies; the
unlawful absence mentioned in can. 665 §2, if it extends for a period of
six months; other reasons of similar gravity which are perhaps defined in the
institute’s own law.
§2 A member in temporary vows can be dismissed even for less grave reasons
determined in the institute’s own law.
Can. 697 §1 In the cases mentioned in can. 696, if the major Superior,
after consulting his or her council, judges that the process of dismissal should
be commenced:
1° the major Superior is to collect or complete the evidence;
2° the major Superior is to warn the member in writing, or before two witnesses,
with an explicit caution that dismissal will follow unless the member reforms.
The reasons for dismissal are to be clearly expressed and the member is to be
given every opportunity for defence. If the warning has no effect, another warning
is to be given after an interval of at least fifteen days;
3° if this latter warning is also ineffectual, and the major Superior with
his or her council judges that there is sufficient proof of incorrigibility,
and that the defence by the member is insufficient, after fifteen days from
the last warning have passed in vain all the acts, signed by the major Superior
and the notary, are to be forwarded, together with the signed replies of the
member, to the supreme Moderator.
Can. 698 In all the cases mentioned in Cann. 695 and 696, the member always
retains the right to communicate with, and send replies directly to, the supreme
Moderator.
Can. 699 §1 The supreme Moderator and his or her council are to proceed
in collegial fashion in accurately weighing the evidence, the arguments, and
the defence. For validity, the council must comprise at least four members.
If by a secret vote it is decided to dismiss the religious, a decree of dismissal
is to be drawn up, which for validity must express at least in summary form
the reasons in law and in fact.
§2 In the autonomous monasteries mentioned in can. 615, the judgement
about dismissal belongs to the diocesan Bishop. The Superior is to submit the
acts to him after they have been reviewed by the council.
Can. 700 The decree of dismissal has no effect unless it is confirmed by the
Holy See, to whom the decree and all the acts are to be forwarded. If the matter
concerns an institute of diocesan right, the confirmation belongs to the Bishop
in whose diocese is located the house to which the religious belongs. For validity
the decree must indicate the right of the person dismissed to have recourse
to the competent authority within ten days of receiving notification of the
decree. The recourse has a suspensive effect.
Can. 701 By lawful dismissal, both the vows and the rights and duties deriving
from profession automatically cease. If the member is a cleric, he may not exercise
sacred orders until he finds a Bishop who will, after a suitable probation,
receive him into his diocese in accordance with can. 693, or who will at least
allow him to exercise his sacred orders.
Can. 702 §1 Whoever lawfully leaves a religious institute or is lawfully
dismissed from one, cannot claim anything from the institute for any work done
in it.
§2 The institute, however, is to show equity and evangelical charity towards
the member who is separated from it.
Can. 703 §1 In a case of grave external scandal, or of extremely grave
and imminent harm to the institute, a member can be expelled forthwith from
the house by the major Superior. If there is danger in delay, this can be done
by the local Superior with the consent of his or her council. The major Superior,
if need be, is to introduce a process of dismissal in accordance with the norms
of law, or refer the matter to the Apostolic See.
Can. 704 In the report to be sent to the Apostolic See in accordance with can.
592, §1, mention is to be made of members who have been separated in any
way from the institute.
Can. 705 A religious who is raised to the episcopate remains a member of his
institute, but is subject only to the Roman Pontiff by his vow of obedience.
He is not bound by obligations which he prudently judges are not compatible
with his condition.
Can. 706 In the case of the religious mentioned above:
1° if he has lost the ownership of his goods through his profession he
now has the use and enjoyment and the administration of the goods which he acquires.
In the case of a diocesan Bishop and of those mentioned in can. 381 §2,
the particular Church acquires their ownership; in the case of others, they
belong to the institute or the Holy See, depending on whether the institute
is or is not capable of possessing goods;
2° if he has not lost the ownership of his goods through his profession,
he recovers the use and enjoyment and the administration of the goods he possessed;
what he obtains later, he acquires fully;
3° in both cases any goods he receives which are not personal gifts must
be disposed of according to the intention of the donors.
Can. 707 §1 A religious Bishop ‘emeritus’ may choose to reside
outside the house of his institute, unless the Apostolic See disposes otherwise.
§2 If he has served a diocese, can. 402 §2 is to be observed concerning
his suitable and worthy maintenance, unless his own institute wishes to provide
such maintenance. Otherwise, the Apostolic See is to make other provision.
Can. 708 Major Superiors can usefully meet together in conferences and councils,
so that by combined effort they may work to achieve more fully the purpose of
each institute, while respecting the autonomy, nature and spirit of each. They
can also deal with affairs which are common to all, and work to establish suitable
coordination and cooperation with Episcopal Conferences and with individual
Bishops.
Can. 709 Conferences of major Superiors are to have their own statutes, which
must be approved by the Holy See. Only the Holy See can establish them or give
them juridical personality. They remain under the ultimate direction of the
Holy See.
Can. 710 A secular institute is an institute of consecrated life in which Christ’s
faithful, living in the world, strive for the perfection of charity and endeavour
to contribute to the sanctification of the world, especially from within.
Can. 711 Without prejudice to the provisions of the law concerning institutes
of consecrated life, consecration as a member of a secular institute does not
change the member’s canonical status among the people of God, be it lay
or clerical.
Can. 712 Without prejudice to the provisions of can. 598–601, the constitutions
are to establish the sacred bonds by which the evangelical counsels are undertaken
in the institute. They are to define the obligations which these bonds entail,
while always preserving in the manner of life the secular character proper to
the institute.
Can. 713 §1 Members of these institutes express and exercise their special
consecration in apostolic activity. Like a leaven, they endeavour to permeate
everything with an evangelical spirit for the strengthening and growth of the
Body of Christ.
§2 Lay members participate in the evangelising mission of the Church in
the world and from within the world. They do this by their witness of christian
life and of fidelity to their consecration, and by the assistance they give
in directing temporal affairs to God and in animating the world by the power
of the Gospel. They also offer their cooperation to serve the ecclesial community
in accordance with the secular manner of life proper to them.
§3 Clerical members, by the witness of their consecrated life, especially
in the presbyterium, support their colleagues by a distinctive apostolic charity,
and in the people of God they further the sanctification of the world by their
sacred ministry.
Can. 714 Members are to live their lives in the ordinary conditions of the
world, either alone, in their families or in fraternal groups, in accordance
with the constitutions.
Can. 715 §1 Clerical members incardinated in a diocese are subject to
the diocesan Bishop, except for whatever concerns the consecrated life of their
own institutes.
§2 Those who, in accordance with the norms of can. 266 §3, are incardinated
in the institute, and who are appointed to works proper to the institute or
to the governance of the institute, are subject to the Bishop in the same way
as religious.
Can. 716 §1 All members are to take an active part in the life of the
institute, in accordance with the institute’s own law.
§2 Members of the same institute are to preserve a rapport with one another,
carefully fostering a unity of spirit and a genuine fraternity.
Can. 717 §1 The constitutions are to determine the institute’s own
form of governance. They are to define the period of time for which Moderators
exercise their office and the manner in which they are to be designated.
§2 No one is to be designated supreme Moderator unless definitively incorporated
into the institute.
§3 Those entrusted with the governance of the institute are to ensure
that its unity of spirit is maintained, and that the active participation of
the members is developed.
Can. 718 The administration of the goods of the institute must express and
foster evangelical poverty. It is governed by the norms of Book V on ‘The
Temporal Goods of the Church’, and by the institute’s own law. This
same law of the institute is also to define the obligations, especially the
financial obligations, of the institute towards the members engaged in its work.
Can. 719 §1 Members are to respond faithfully to their vocation, and their
apostolic action is to proceed from their union with Christ. They are therefore
to devote themselves assiduously to prayer and engage in a suitable way in the
reading of the sacred Scriptures. They are to make an annual retreat and perform
other spiritual exercises in accordance with their own law.
§2 The celebration of the Eucharist, daily where possible, is to be the
source and strength of their whole consecrated life.
§3 They are to go freely to the sacrament of penance and receive it frequently.
§4 They are to be free to obtain the necessary spiritual direction. Should
they so desire, they may seek such counsel even from their Moderators.
Can. 720 The right of admitting a person to the institute, or to probation,
or to the taking of sacred bonds, both temporary and perpetual or definitive,
belongs to the major Moderators with their council, in accordance with the constitutions.
Can. 721 §1 The following are invalidly admitted to initial probation:
1° one who has not yet attained majority;
2° one who is currently bound by a sacred bond in another institute of
consecrated life, or incorporated in a society of apostolic life;
3° a spouse, while the marriage lasts.
§2 The constitutions can establish other impediments to admission, even
for validity, or attach conditions to it.
§3 For a person to be received into the institute, that degree of maturity
is required which is necessary to live the life of the institute properly.
Can. 722 §1 The initial probation is to be so arranged that the candidates
can better recognise their divine vocation and their vocation to that institute,
and be trained in the spirit and manner of life of the institute.
§2 Candidates are to be properly formed to live a life according to the
evangelical counsels. They are to be taught how to translate this life completely
into their apostolate, applying those forms of evangelisation which best correspond
to the purpose, spirit and character of the institute.
§3 The constitutions are to define the manner and time of the probation
to be made before the first sacred bonds are undertaken in the institute; this
time is to be not less than two years.
Can. 723 §1 When the time of the initial probation has been completed,
a candidate who is judged suitable is either to undertake the three evangelical
counsels, sealed with a sacred bond, or to leave the institute.
§2 This first incorporation is to be temporary, in accordance with the
constitutions, but is to be for not less than five years.
§3 When this period of incorporation has been completed, a member who
is judged suitable is to be admitted to perpetual, or definitive incorporation,
that is, by temporary bonds always to be renewed.
§4 Definitive incorporation is equivalent to perpetual incorporation in
respect of defined juridical effects, which are to be established in the constitutions.
Can. 724 §1 After the first acceptance of the sacred bonds, formation
is to continue without interruption in accordance with the constitutions.
§2 Members are to be formed simultaneously in matters human and divine.
The Moderators of the institute are to have a serious concern for the continued
spiritual formation of the members.
Can. 725 The institute can associate with itself, by some form of bond determined
in the constitutions, other members of Christ’s faithful who seek evangelical
perfection according to the spirit of the institute and who share in its mission.
Can. 726 §1 When the time of temporary incorporation is completed, the
member can freely leave the institute, or can for a just cause be excluded from
renewing the sacred bonds by the major Moderator, after consultation with his
or her council.
§2 A temporarily incorporated member who freely requests it, can for a
grave reason be granted an indult to leave the institute by the supreme Moderator,
with the consent of the council.
Can. 727 §1 A perpetually incorporated member who wishes to leave the
institute must, after seriously weighing the matter before the Lord, petition
the Apostolic See through the supreme Moderator, if the institute is of pontifical
right; otherwise, the indult can also be obtained from the diocesan Bishop,
as determined in the constitutions.
§2 For a cleric who is incardinated in the institute, the provision of
can. 693 is to be observed.
Can. 728 When an indult to leave the institute has been lawfully granted, all
bonds, rights and obligations deriving from incorporation cease.
Can. 729 A member is dismissed from the institute in accordance with the norms
of Cann. 694 and 695. The constitutions are also to determine other reasons
for dismissal, provided they are proportionately grave, external, imputable
and juridically proven. The procedure established in Cann. 697–700 is to be
observed, and the provisions of can. 701 apply to the person who is dismissed.
Can. 730 For a member to transfer from one secular institute to another, the
provisions of can. 684 §§1, 2, 4 and 685, are to be observed. A transfer
to or from another kind of institute of consecrated life requires the permission
of the Apostolic See, whose instructions must be followed.
Can. 731 §1 Societies of apostolic life resemble institutes of consecrated
life. Their members, without taking religious vows, pursue the apostolic purpose
proper to each society. Living a fraternal life in common in their own special
manner, they strive for the perfection of charity through the observance of
the constitutions.
§2 Among these societies are some in which the members, through a bond
defined in the constitutions, undertake to live the evangelical counsels.
Can. 732 Cann. 578–597 and 606 apply to societies of apostolic life, with due
regard, however, for the nature of each society. For the societies mentioned
in can. 731 §2, Cann. 598–602 also apply.
Can. 733 §1 A house is established and a local community is constituted
by the competent authority of the society, with the prior written consent of
the diocesan Bishop. The Bishop must also be consulted when there is question
of its suppression.
§2 Consent to establish a house carries with it the right to have at least
an oratory in which the blessed Eucharist is celebrated and reserved.
Can. 734 The governance of the society is determined by the constitutions,
without prejudice, in accordance with the nature of each society, to Cann. 617
633.
Can. 735 §1 The admission, probation, incorporation and formation of members
are determined by each society’s own law.
§2 For admission into the society, the conditions prescribed in Cann.
642–645 are to be observed.
§3 The society’s own law must determine a programme of doctrinal,
spiritual and apostolic probation and formation that is adapted to the purpose
and character of the society. In this way members can recognise their divine
vocation and be suitably prepared for the mission and way of life of the society.
Can. 736 §1 In clerical societies, the clerics are incardinated into the
society, unless the constitutions determine otherwise.
§2 The norms concerning the secular clergy apply to the programme of studies
and reception of orders, without prejudice to §1.
Can. 737 For the members, incorporation carries with it the rights and obligations
defined in the constitutions. On the part of the society, it implies a responsibility
to lead the members towards the purpose of their vocation, in accordance with
the constitutions.
Can. 738 §1 All members are subject to their own Moderators in matters
concerning the internal life and discipline of the society, in accordance with
the constitutions.
§2 They are also subject to the diocesan Bishop in matters concerning
public worship, the care of souls and other works of the apostolate, with due
regard to Cann. 679–683.
§3 The relationship between a member who is incardinated in a diocese
and his proper Bishop is to be defined in the constitutions or in particular
agreements.
Can. 739 Apart from the obligations which derive from their constitutions,
members are bound by the common obligations of clerics, unless the nature of
things or the context indicates otherwise.
Can. 740 Members must live in a lawfully constituted house or community and
observe a common life, in accordance with their own law. This same law also
governs their absence from the house or community.
Can. 741 §1 Societies and, unless the constitutions provide otherwise,
their constituent parts and their houses, are juridical persons. As such, they
are capable of acquiring, possessing, administering and alienating temporal
goods in accordance with the provisions of Book V on ‘The Temporal Goods
of the Church’, of Cann. 636, 638 and 639, and of their own law.
§2 Members are also capable, in accordance with their own law, of acquiring,
possessing, administering and disposing of temporal goods, but whatever comes
to them in view of the society is acquired for the society.
Can. 742 The departure and dismissal of a member who is not definitively incorporated
are governed by the constitutions of each society.
Can. 743 A member who is definitively incorporated can obtain an indult to
leave the society from the supreme Moderator with the consent of the council,
unless the constitutions reserve this to the Apostolic See. This indult means
that the rights and obligations deriving from definitive incorporation cease,
without prejudice to Can. 693.
Can. 744 §1 Permission for a member who is definitively incorporated to
transfer to another society of apostolic life is likewise reserved to the supreme
Moderator with the consent of his or her council. The rights and obligations
of the member’s own society are suspended for the time being, but the
member has the right to return to it before definitive incorporation into the
new society.
§2 To transfer to an institute of consecrated life or from such an institute
to a society of apostolic life, the permission of the Holy See is required,
and its instructions are to be followed.
Can. 745 The supreme Moderator, with the consent of his or her council, can
grant a definitively incorporated member an indult to live outside the society
for a period not exceeding three years. Rights and obligations which are not
compatible with this new condition are suspended, but the member remains under
the care of the Moderators. If the member is a cleric, the consent of the Ordinary
of the place where he must reside is also required, and the member remains under
the care of the Ordinary and dependent upon him.
Can. 746 For the dismissal of a member who is definitively incorporated, the
provisions of Cann. 694–704 are to be observed, making the appropriate adjustments.
Can. 747 §1 It is the obligation and inherent right of the Church, independent
of any human authority, to preach the Gospel to all peoples, using for this
purpose even its own means of social communication, for it is to the Church
that Christ the Lord entrusted the deposit of faith, so that by the assistance
of the Holy Spirit, it might conscientiously guard revealed truth, more intimately
penetrate it, and faithfully proclaim and expound it.
§2 The Church has the right always and everywhere to proclaim moral principles,
even in respect of the social order, and to make judgements about any human
matter in so far as this is required by fundamental human rights or the salvation
of souls.
Can. 748 §1 All are bound to seek the truth in the matters which concern
God and his Church; when they have found it, then by divine law they are bound,
and they have the right, to embrace and keep it.
§2 It is never lawful for anyone to force others to embrace the catholic
faith against their conscience.
Can. 749 §1 In virtue of his office the Supreme Pontiff is infallible
in his teaching when, as chief Shepherd and Teacher of all Christ’s faithful,
with the duty of strengthening his brethren in the faith, he proclaims by definitive
act a doctrine to be held concerning faith or morals.
§2 The College of Bishops also possesses infallibility in its teaching
when the Bishops, gathered together in an Ecumenical Council and exercising
their magisterium as teachers and judges of faith and morals, definitively declare
for the universal Church a doctrine to be held concerning faith or morals; likewise,
when the Bishops, dispersed throughout the world but maintaining the bond of
union among themselves and with the successor of Peter, together with the same
Roman Pontiff authentically teach matters of faith or morals, and are agreed
that a particular teaching is definitively to be held.
§3 No doctrine is understood to be infallibly defined unless this is manifestly
demonstrated.
Can. 750 Those things are to be believed by divine and catholic faith which
are contained in the word of God as it has been written or handed down by tradition,
that is, in the single deposit of faith entrusted to the Church, and which are
at the same time proposed as divinely revealed either by the solemn magisterium
of the Church, or by its ordinary and universal magisterium, which is manifested
by the common adherence of Christ’s faithful under the guidance of the
sacred magisterium. All are therefore bound to shun any contrary doctrines.
Can. 751 Heresy is the obstinate denial or doubt, after baptism, of a truth
which must be believed by divine and catholic faith. Apostasy is the total repudiation
of the christian faith. Schism is the withdrawal of submission to the Supreme
Pontiff or from communion with the members of the Church subject to him.
Can. 752 While the assent of faith is not required, a religious submission
of intellect and will is to be given to any doctrine which either the Supreme
Pontiff or the College of Bishops, exercising their authentic magisterium, declare
upon a matter of faith or morals, even though they do not intend to proclaim
that doctrine by definitive act. Christ’s faithful are therefore to ensure
that they avoid whatever does not accord with that doctrine.
Can. 753 Whether they teach individually, or in Episcopal Conferences, or gathered
together in particular councils, Bishops in communion with the head and the
members of the College, while not infallible in their teaching, are the authentic
instructors and teachers of the faith for Christ’s faithful entrusted
to their care. The faithful are bound to adhere, with a religious submission
of mind, to this authentic magisterium of their Bishops.
Can. 754 All Christ’s faithful are obliged to observe the constitutions
and decrees which lawful ecclesiastical authority issues for the purpose of
proposing doctrine or of proscribing erroneous opinions; this is particularly
the case of those published by the Roman Pontiff or by the College of Bishops.
Can. 755 §1 It pertains especially to the entire College of Bishops and
to the Apostolic See to foster and direct among catholics the ecumenical movement,
the purpose of which is the restoration of unity between all christians which,
by the will of Christ, the Church is bound to promote.
§2 It is a matter likewise for Bishops and, in accordance with the law,
for Episcopal Conferences, to promote this same unity and, in line with the
various needs and opportunities of the circumstances, to issue practical norms
which accord with the provisions laid down by the supreme authority of the Church.
Can. 756 §1 The office of preaching the Gospel to the whole Church has
been committed principally to the Roman Pontiff and to the College of Bishops.
§2 For the particular Churches entrusted to them, that office is exercised
by the individual Bishops, who are the moderators of the entire ministry of
the word in their Churches. Sometimes, however, in accordance with the law,
a number of Bishops simultaneously carry out that office together in respect
of a number of different Churches.
Can. 757 It belongs to priests, as co operators of the Bishops, to proclaim
the Gospel of God. For the people entrusted to their care, this task rests especially
on parish priests, and on other priests entrusted with the care of souls. Deacons
also are to serve the people of God in the ministry of the word, in union with
the Bishop and his presbyterium.
Can. 758 By reason of their consecration to God, members of institutes of consecrated
life bear particular witness to the Gospel, and so are fittingly called upon
by the Bishop to help in proclaiming the Gospel.
Can. 759 The lay members of Christ’s faithful, by reason of their baptism
and confirmation, are witnesses to the good news of the Gospel, by their words
and by the example of their christian life. They can also be called upon to
cooperate with Bishops and priests in the exercise of the ministry of the word.
Can. 760 The mystery of Christ is to be faithfully and fully presented in the
ministry of the word, which must be founded upon sacred Scripture, Tradition,
liturgy and the magisterium and life of the Church.
Can. 761 While pride of place must always be given to preaching and catechetical
instruction, all the available means of proclaiming christian doctrine are to
be used: the exposition of doctrine in schools, in institutes of higher learning,
at conferences and meetings of all kinds; public declarations by lawful authority
on the occasion of certain events; the printed word and other means of social
communication.
Can. 762 The people of God are first united through the word of the living
God, and are fully entitled to seek this word from their priests. For this reason
sacred ministers are to consider the office of preaching as of great importance,
since proclaiming the Gospel of God to all is among their principal duties.
Can. 763 Bishops have the right to preach the word of God everywhere, even
in churches and oratories of religious institutes of pontifical right, unless
the local Bishop has expressly forbidden it in particular cases.
Can. 764 Without prejudice to the provisions of can. 765, priests and deacons,
with the at least presumed consent of the rector of a church, have the faculty
to preach everywhere, unless this faculty has been restricted or removed by
the competent Ordinary, or unless particular law requires express permission.
Can. 765 To preach to religious in their churches or oratories, permission
is required of the Superior who is competent according to their constitutions.
Can. 766 The laity may be allowed to preach in a church or oratory if in certain
circumstances it is necessary, or in particular cases it would be advantageous,
according to the provisions of the Episcopal Conference and without prejudice
to can. 767 §1.
Can. 767 §1 The most important form of preaching is the homily, which
is part of the liturgy, and is reserved to a priest or deacon. In the course
of the liturgical year, the mysteries of faith and the rules of christian living
are to be expounded in the homily from the sacred text.
§2 At all Masses on Sundays and holydays of obligation, celebrated with
a congregation, there is to be a homily and, except for a grave reason, this
may not be omitted.
§3 It is strongly recommended that, if a sufficient number of people are
present, there be a homily at weekday Masses also, especially during Advent
and Lent, or on a feast day or an occasion of grief.
§4 It is the responsibility of the parish priest or the rector of a church
to ensure that these provisions are carefully observed.
Can. 768 §1 Those who announce the word of God to Christ’s faithful
are first and foremost to set out those things which it is necessary to believe
and to practise for the glory of God and the salvation of all.
§2 They are also to explain to the faithful the teaching of the magisterium
of the Church concerning the dignity and freedom of the human person; the unity,
stability and duties of the family; people’s social obligations and the
ordering of temporal affairs according to the plan established by God.
Can. 769 Christian teaching is to be explained in a manner that is suited to
the condition of the hearers and adapted to the circumstances of the times.
Can. 770 At certain times, according to the regulations of the diocesan Bishop,
parish priests are to arrange for sermons in the form of retreats and missions,
as they are called, or in other forms adapted to requirements.
Can. 771 §1 Pastors of souls, especially Bishops and parish priests, are
to be solicitous that the word of God is preached to those also of the faithful
who, because of the circumstances of their lives, cannot sufficiently avail
themselves of the ordinary pastoral care or are even totally deprived of it.
§2 They are also to take care that the good news of the Gospel reaches
those living in their territory who are non believers, since these too, no less
than the faithful, must be included in the care of souls.
Can. 772 §1 In the exercise of the office of preaching, everyone is moreover
to observe the norms laid down by the Bishop of the diocese.
§2 In expounding christian teaching on radio or television, the provisions
of the Episcopal Conference are to be observed.
Can. 773 It is pastors of souls especially who have the serious duty of attending
to the catechesis of the christian people, so that, through doctrinal formation
and the experience of the christian life, the living faith of the people may
be manifest and active.
Can. 774 §1 The care for catechesis, under the direction of lawful ecclesiastical
authority, extends to all members of the Church, to each according to his or
her role.
§2 Before all others, parents are bound to form their children, by word
and example, in faith and in christian living. The same obligation binds godparents
and those who take the place of parents.
Can. 775 §1 While observing provisions made by the Apostolic See it is
the responsibility of diocesan Bishops to issue norms concerning catechetical
matters; to ensure that appropriate means of catechesis are available, even
by preparing a catechism, if this seems opportune; to foster and to coordinate
catechetical initiatives.
§2 If it is thought to be useful, the Episcopal Conference may, with the
prior approval of the Apostolic See, publish catechisms for its territory.
§3 The Episcopal Conference may establish a catechetical office, whose
principal purpose is to assist individual dioceses in catechetical matters.
Can. 776 By virtue of his office, the parish priest is bound to ensure the
catechetical formation of adults, young people and children. To this end, he
is to avail himself of the help of clerics attached to the parish, as well as
of members of institutes of consecrated life and of societies of apostolic life,
being mindful of the character of each institute; and the assistance of lay
members of Christ’s faithful, especially catechists. All of these, unless
they are lawfully impeded, are not to refuse to give their labours willingly.
The parish priest is also to promote and to foster the role of parents in the
family catechesis mentioned in can. 774, §2.
Can. 777 In a special way, the parish priest is to ensure, in accordance with
the norms laid down by the diocesan Bishop, that:
1° an adequate catechesis is given for the celebration of the sacraments;
2° children are properly prepared for first confession and first holy communion,
and for the sacrament of confirmation, by means of catechetical formation over
an appropriate period of time;
3° children, after they have made their first holy communion, are given
a richer and deeper catechetical formation;
4° as far as their condition allows, catechetical formation is given to
the mentally and physically handicapped;
5° the faith of young people and of adults is strengthened, enlightened
and developed by various catechetical methods and initiatives .
Can. 778 Religious Superiors and Superiors of societies of apostolic life are
to ensure that catechetical formation is diligently given in their churches
and schools, and in other works in any way entrusted to their care.
Can. 779 Catechetical formation is to be given by employing all those aids,
educational resources and means of communication which seem the more effective
in securing that the faithful, according to their character capability, age
and circumstances of life, may be more fully steeped in catholic teaching and
prepared to put it into practice.
Can. 780 Local Ordinaries are to ensure that catechists are duly trained to
carry out their office properly, namely, that continuing formation is available
to them, that they have an appropriate knowledge of the teaching of the Church,
and that they learn both the theory and the practice of the principles of pedagogy.
Can. 781 Because the whole Church is of its nature missionary and the work
of evangelisation is to be considered a fundamental duty of the people of God,
all Christ’s faithful must be conscious of the responsibility to play
their part in missionary activity.
Can. 782 §1 The Roman Pontiff and the College of Bishops have the responsibility
for the overall direction and coordination of the initiatives and activities
which concern missionary work and cooperation.
§2 As the sponsors of the universal Church and of all the Churches, all
Bishops are to have a special solicitude for missionary activity, especially
by arousing, fostering and sustaining missionary initiatives in their own particular
Churches.
Can. 783 Members of institutes of consecrated life, because of the dedication
to the service of the Church deriving from their very consecration, have an
obligation to play a zealous and special part in missionary activity, in a manner
appropriate to their institute.
Can. 784 Missionaries, that is, those who have been sent by the competent ecclesiastical
authority to engage in missionary activity, may be chosen from the indigenous
population or from others, be they secular clergy, or members of institutes
of consecrated life or of a society of apostolic life, or other lay members
of Christ’s faithful.
Can. 785 §1 Catechists are to be given a role in missionary work. These
are lay members of Christ’s faithful who have received proper formation
and are outstanding in their living of the christian life. Under the direction
of missionaries, they are to present the Gospel teaching and engage in liturgical
worship and in works of charity.
§2 Catechists are to receive their formation in schools founded for this
purpose. If there are no such schools, they are to be formed under the direction
of the missionaries.
Can. 786 Missionary activity properly so called, whereby the Church is founded
amongst peoples or groups where it has not taken root before, is performed principally
by the Church sending heralds of the Gospel, until such time as the new Churches
are fully constituted, that is, have their own resources and sufficient means,
so that they themselves can carry on the work of evangelisation.
Can. 787 §1 By the testimony of their words and of their lives, missionaries
are to establish a sincere dialogue with those who do not believe in Christ,
so that, taking their native character and culture into account, ways may be
opened up by which they can be led to know the good news of the Gospel.
§2 Missionaries are to ensure that they teach the truths of the faith
to those whom they judge to be ready to receive the good news of the Gospel,
so that, if they freely request it, they may be admitted to the reception of
baptism.
Can. 788 §1 Those who have expressed the wish to embrace faith in Christ,
and who have completed the period of their preliminary catechumenate, are to
be admitted to the catechumenate proper in a liturgical ceremony; and their
names are to be inscribed in the book which is kept for this purpose.
§2 By formation and their first steps in christian living, catechumens
are to be initiated into the mysteries of salvation, and introduced into the
life of faith, liturgy and charity of the people of God, as well as into the
apostolate.
§3 It is the responsibility of the Episcopal Conference to establish norms
concerning the arrangement of the catechumenate, determining what should be
done by catechumens and what should be their prerogatives.
Can. 789 By means of appropriate formation, neophytes are to be led to a deeper
knowledge of the Gospel truths, and to the fulfilment of the duties undertaken
in baptism. They are also to be imbued with a sincere love of Christ and his
Church.
Can. 790 §1 In mission territories, it is the responsibility of the diocesan
Bishop:
1° to promote, regulate and coordinate both new initiatives and established
works concerning missionary activity;
2° to ensure that there are proper agreements with the Moderators of those
institutes which dedicate themselves to missionary activities, and that relationships
with them are for the good of the mission.
§2 The provisions made by the diocesan Bishop in accordance with §1,
n. 1 are binding on all missionaries, including religious and their helpers
residing in his territory.
Can. 791 In order to foster missionary cooperation, in each diocese:
1° vocations to the mission are to be promoted;
2° a priest is to be appointed to promote missionary initiatives, especially
the ‘Pontifical Missionary Works’;
3° a day for the missions is to be celebrated annually;
4° each year an appropriate financial contribution for the missions is
to be sent to the Holy See.
Can. 792 The Episcopal Conference is to establish and promote means by which
those who come to their territory from the missions, for the purpose of work
or study, are to be given a fraternal welcome and helped with suitable pastoral
care.
Can. 793 §1 Parents, and those who take their place, have both the obligation
and the right to educate their children. Catholic parents have also the duty
and the right to choose those means and institutes which, in their local circumstances,
can best promote the catholic education of their children.
§2 Parents have moreover the right to avail themselves of that assistance
from civil society which they need to provide a catholic education for their
children.
Can. 794 §1 The Church has in a special way the duty and the right of
educating, for it has a divine mission of helping all to arrive at the fullness
of christian life.
§2 Pastors of souls have the duty of making all possible arrangements
so that all the faithful may avail themselves of a catholic education.
Can. 795 Education must pay regard to the formation of the whole person, so
that all may attain their eternal destiny and at the same time promote the common
good of society. Children and young persons are therefore to be cared for in
such a way that their physical, moral and intellectual talents may develop in
a harmonious manner, so that they may attain a greater sense of responsibility
and a right use of freedom, and be formed to take an active part in social life.
Can. 796 §1 Among the means of advancing education, Christ’s faithful
are to consider schools as of great importance, since they are the principal
means of helping parents to fulfil their role in education.
§2 There must be the closest cooperation between parents and the teachers
to whom they entrust their children to be educated. In fulfilling their task,
teachers are to collaborate closely with the parents and willingly listen to
them; associations and meetings of parents are to be set up and held in high
esteem.
Can. 797 Parents must have a real freedom in their choice of schools. For this
reason Christ’s faithful must be watchful that the civil society acknowledges
this freedom of parents and, in accordance with the requirements of distributive
justice, even provides them with assistance.
Can. 798 Parents are to send their children to those schools which will provide
for their catholic education. If they cannot do this, they are bound to ensure
the proper catholic education of their children outside the school.
Can. 799 Christ’s faithful are to strive to secure that in the civil
society the laws which regulate the formation of the young, also provide a religious
and moral education in the schools that is in accord with the conscience of
the parents.
Can. 800 §1 The Church has the right to establish and to direct schools
for any field of study or of any kind and grade.
§2 Christ’s faithful are to promote catholic schools, doing everything
possible to help in establishing and maintaining them.
Can. 801 Religious institutes which have education as their mission are to
keep faithfully to this mission and earnestly strive to devote themselves to
catholic education, providing this also through their own schools which, with
the consent of the diocesan Bishop, they have established.
Can. 802 §1 If there are no schools in which an education is provided
that is imbued with a christian spirit, the diocesan Bishop has the responsibility
of ensuring that such schools are established.
§2 Where it is suitable, the diocesan Bishop is to provide for the establishment
of professional and technical schools, and of other schools catering for special
needs.
Can. 803 §1 A catholic school is understood to be one which is under the
control of the competent ecclesiastical authority or of a public ecclesiastical
juridical person, or one which in a written document is acknowledged as catholic
by the ecclesiastical authority.
§2 Formation and education in a catholic school must be based on the principles
of catholic doctrine, and the teachers must be outstanding in true doctrine
and uprightness of life.
§3 No school, even if it is in fact catholic, may bear the title ‘catholic
school’ except by the consent of the competent ecclesiastical authority.
Can. 804 §1 The formation and education in the catholic religion provided
in any school, and through various means of social communication is subject
to the authority of the Church. It is for the Episcopal Conference to issue
general norms concerning this field of activity and for the diocesan Bishop
to regulate and watch over it.
§2 The local Ordinary is to be careful that those who are appointed as
teachers of religion in schools, even non catholic ones, are outstanding in
true doctrine, in the witness of their christian life, and in their teaching
ability.
Can. 805 In his own diocese, the local Ordinary has the right to appoint or
to approve teachers of religion and, if religious or moral considerations require
it, the right to remove them or to demand that they be removed.
Can. 806 §1 The diocesan Bishop has the right to watch over and inspect
the catholic schools situated in his territory, even those established or directed
by members of religious institutes. He has also the right to issue directives
concerning the general regulation of catholic schools these directives apply
also to schools conducted by members of a religious institute, although they
retain their autonomy in the internal management of their schools.
§2 Those who are in charge of catholic schools are to ensure, under the
supervision of the local Ordinary, that the formation given in them is, in its
academic standards, at least as outstanding as that in other schools in the
area.
Can. 807 The Church has the right to establish and to govern universi-ties,
which serve to promote the deeper culture and fuller development of the human
person, and to complement the Church’s own teaching office.
Can. 808 No university, even if it is in fact catholic, may bear the title
‘catholic university’ except by the consent of the competent ecclesiastical
authority.
Can. 809 If it is possible and appropriate, Episcopal Conferences are to take
care to have within their territories suitably located universities or at least
faculties, in which the various disciplines, while retaining their own scientific
autonomy, may be researched and taught in the light of catholic doctrine.
Can. 810 §1 In catholic universities it is the duty of the competent statutory
authority to ensure that there be appointed teachers who are not only qualified
in scientific and pedagogical expertise, but are also outstanding in their integrity
of doctrine and uprightness of life. If these requirements are found to be lacking,
it is also that authority’s duty to see to it that these teachers are
removed from office, in accordance with the procedure determined in the statutes.
§2 The Episcopal Conference and the diocesan Bishops concerned have the
duty and the right of seeing to it that, in these universities, the principles
of catholic doctrine are faithfully observed.
Can. 811 §1 The competent ecclesiastical authority is to ensure that in
catholic universities there is established a faculty or an institute or at least
a chair of theology, in which lectures are given to lay students also.
§2 In every catholic university there are to be lectures which principally
treat of those theological questions connected with the studies of each faculty.
Can. 812 Those who teach theological subjects in any institute of higher studies
must have a mandate from the competent ecclesiastical authority.
Can. 813 The diocesan Bishop is to be zealous in his pastoral care of students,
even by the creation of a special parish, or at least by appointing priests
with a stable assignment to this care. In all universities, even in those which
are not catholic, the diocesan Bishop is to provide catholic university centres,
to be of assistance to the young people, especially in spiritual matters.
Can. 814 The provisions which are laid down for universities apply equally
to other institutes of higher studies.
Can. 815 By virtue of its office to announce revealed truth, it belongs to
the Church to have its own ecclesiastical universities and faculties to study
the sacred sciences and subjects related to them, and to teach these disciplines
to students in a scientific manner.
Can. 816 §1 Ecclesiastical universities and faculties may be constituted
only by the Apostolic See or with its approval. Their overall direction also
belongs to the Apostolic See.
§2 Each ecclesiastical university and faculty must have its own statutes
and program of studies, approved by the Apostolic See.
Can. 817 Only a university or a faculty established or approved by the Apostolic
See may confer academic degrees which have canonical effects in the Church.
Can. 818 The provisions of Cann. 810,812 and 813 concerning catholic universities
apply also to ecclesiastical universities and faculties.
Can. 819 In so far as the good of a diocese or religious institute or indeed
even of the universal Church requires it, young persons, clerics and members
of institutes, outstanding in character, intelligence and virtue, must be sent
to ecclesiastical universities or faculties by their diocesan Bishops or the
Superiors of their institutes.
Can. 820 Moderators and professors of ecclesiastical universities and faculties
are to ensure that the various faculties of the university cooperate with each
other, to the extent that their aims permit. They are also to ensure that between
their own university or faculty and other universities and faculties, even non
ecclesiastical ones, there be a mutual cooperation in which, through conferences,
coordinated scientific research and other means, they work together for the
greater increase of scientific knowledge.
Can. 821 Where it is possible, the Episcopal Conference and the diocesan Bishop
are to provide for the establishment of institutes for higher religious studies,
in which are taught theological and other subjects pertaining to christian culture.
Can. 822 §1 In exercising their office the pastors of the Church, availing
themselves of a right which belongs to the Church, are to make an ample use
of the means of social communication.
§2 Pastors are also to teach the faithful that they have the duty of working
together so that the use of the means of social communication may be imbued
with a human and christian spirit.
§3 All Christ’s faithful, especially those who in any way take part
in the management or use of the media, are to be diligent in assisting pastoral
action, so that the Church can more effectively exercise its office through
these means.
Can. 823 §1 In order to safeguard the integrity of faith and morals, pastors
of the Church have the duty and the right to ensure that in writings or in the
use of the means of social communication there should be no ill effect on the
faith and morals of Christ’s faithful. They also have the duty and the
right to demand that where writings of the faithful touch upon matters of faith
and morals, these be submitted to their judgement. Moreover, they have the duty
and the right to condemn writings which harm true faith or good morals.
§2 For Christ’s faithful entrusted to their care, the duty and the
right mentioned in §1 belong to the Bishops, both as individuals and in
particular councils or Episcopal Conferences; for the whole people of God, they
belong to the supreme authority in the Church.
Can. 824 §1 Unless it is otherwise provided, the local Ordinary whose
permission or approval for publishing a book is to be sought according to the
canons of this title, is the author’s proper local Ordinary, or the Ordinary
of the place in which the book is published.
§2 Unless the contrary is clear, what is said in the canons of this title
about books, applies also to any writings intended for publication.
Can. 825 §1 Books of the sacred Scriptures may not be published unless
they are approved by the Apostolic See or the Episcopal Conference. The publication
of translations of the sacred Scriptures requires the approval of the same authority,
and they must have necessary and sufficient explanatory notes.
§2 With the permission of the Episcopal Conference, catholic members of
Christ’s faithful, in cooperation with separated brethren, may prepare
and publish versions of the Scriptures, with appropriate explanatory notes.
Can. 826 §1 For liturgical books, the provisions of can. 838 are to be
observed.
§2 To republish liturgical books or to publish translations of all or
part of them, it must be established, by an attestation of the Ordinary of the
place in which they are published, that they accord with an approved edition.
§3 Prayer books, for either the public or the private use of the faithful,
are not to be published except by permission of the local Ordinary.
Can. 827 §1 Without prejudice to the provisions of can. 775 §2, the
publication of catechisms and other writings pertaining to catechetical formation,
as well as their translations, requires the approval of the local Ordinary.
§2 Books dealing with matters concerning sacred Scripture, theology, canon
law, church history, or religious or moral subjects may not be used as textbooks
on which the instruction is based, in elementary, intermediate or higher schools,
unless they were published with the approbation of the competent ecclesiastical
authority or were subsequently approved by that authority.
§3 It is recommended that books dealing with the subjects mentioned in
§2, even though not used as basic textbooks, and any writings which specially
concern religion or good morals, be submitted to the judgement of the local
Ordinary.
§4 Books or other written material dealing with religion or morals may
not be displayed, sold or given away in churches or oratories, unless they were
published with the permission of the competent ecclesiastical authority or were
subsequently approved by that authority.
Can. 828 Collections of decrees or acts published by any ecclesiastical authority
may not be republished without first seeking the permission of the same authority
and observing the conditions which it lays down.
Can. 829 Approval or permission to publish a work is valid only for the first
edition, but not for new editions or translations.
Can. 830 §1 Every local Ordinary retains the right to appoint persons
whom he considers competent to give a judgement about books. The Episcopal Conference,
however, may draw up a list of censors who are outstanding for their knowledge,
right doctrine and prudence, to be available to diocesan curias; it may even
establish a commission of censors whom the local Ordinary can consult.
§2 In carrying out this task, a censor must put aside all preference of
persons and look only to the teaching of the Church concerning faith and morals,
as declared by its magisterium.
§3 The censor must give an opinion in writing. If it is favourable, the
Ordinary may, in his prudent judgement, give his permission for the work to
be published, adding his own name and the date and place of the permission.
If he does not give this permission, the Ordinary must inform the author of
the reasons for the refusal.
Can. 831 §1 Unless there is a just and reasonable cause, no member of
Christ’s faithful may write in newspapers, pamphlets or periodicals which
clearly are accustomed to attack the catholic religion or good morals. Clerics
and members of religious institutes may write in them only with the permission
of the local Ordinary.
§2 It is for the Episcopal Conference to lay down norms determining the
requirements for clerics and members of religious institutes to take part in
radio and television programmes which concern catholic doctrine or morals.
Can. 832 To publish writings on matters of religion or morals, members of religious
institutes require also the permission of their major Superior, in accordance
with the constitutions.
Can. 833 The following are personally bound to make a profession of faith,
according to the formula approved by the Apostolic See:
1° in the presence of the president or his delegate: all who, with a deliberative
or a consultative vote, take part in an Ecumenical Council, a particular council,
the synod of Bishops, or a diocesan synod; in the presence of the council or
synod: the president himself ;
2° in accordance with the statutes of the sacred College: those promoted
to the dignity of Cardinal;
3° in the presence of a delegate of the Apostolic See: all who are promoted
to the episcopate, and all those who are equivalent to a diocesan Bishop;
4° in the presence of the college of consultors: the diocesan Administrator;
5° in the presence of the diocesan Bishop or his delegate: Vicars general,
episcopal Vicars and judicial Vicars;
6° in the presence of the local Ordinary or his delegate: parish priests;
the rector, professors of theology and philosophy in seminaries, at the beginning
of their term of office; and those who are to be promoted to the order of diaconate;
7° in the presence of the Chancellor or, in the absence of the Chancellor,
the local Ordinary, or the delegates of either: the rector of an ecclesiastical
or catholic university, at the beginning of the term of office in the presence
of the rector if he is a priest, or of the local Ordinary or the delegates of
either: those who in any universities teach subjects which deal with faith or
morals, at the beginning of their term of office;
8° in accordance with the constitutions: Superiors in religious institutes
and clerical societies of apostolic life.
Can. 834 §1 The Church carries out its office of sanctifying in a special
way in the sacred liturgy, which is an exercise of the priestly office of Jesus
Christ. In the liturgy, by the use of signs perceptible to the senses, our sanctification
is symbolised and, in a manner appropriate to each sign, is brought about. Through
the liturgy a complete public worship is offered to God by the head and members
of the mystical body of Christ.
§2 This worship takes place when it is offered in the name of the Church,
by persons lawfully deputed and through actions approved by ecclesiastical authority.
Can. 835 §1 The sanctifying office is exercised principally by Bishops,
who are the high priests, the principal dispensers of the mysteries of God and
the moderators, promoters and guardians of the entire liturgical life in the
Churches entrusted to their care.
§2 This office is also exercised by priests. They, too, share in the priesthood
of Christ and, as his ministers under the authority of the Bishop, are consecrated
to celebrate divine worship and to sanctify the people.
§3 Deacons have a share in the celebration of divine worship in accordance
with the provisions of law.
§4 The other members of Christ’s faithful have their own part in
this sanctifying office, each in his or her own way actively sharing in liturgical
celebrations, particlarly in the Eucharist. Parents have a special share in
this office when they live their married lives in a christian spirit and provide
for the christian education of their children.
Can. 836 Since christian worship, in which the common priesthood of Christ’s
faithful is exercised, must proceed from and rest upon faith, sacred ministers
are to strive diligently to arouse and enlighten this faith, especially by the
ministry of the word by which faith is born and nourished.
Can. 837 §1 Liturgical actions are not private but are celebrations of
the Church itself as the ‘sacrament of unity’, that is, the holy
people united and ordered under the Bishops. Accordingly, they concern the whole
body of the Church, making it known and influencing it. They affect individual
members of the Church in ways that vary according to orders, role and actual
participation.
§2 Since liturgical matters by their very nature call for a community
celebration, they are, as far as possible, to be celebrated in the presence
of Christ’s faithful and with their active participation.
Can. 838 §1 The ordering and guidance of the sacred liturgy depends solely
upon the authority of the Church, namely, that of the Apostolic See and, as
provided by law, that of the diocesan Bishop.
§2 It is the prerogative of the Apostolic See to regulate the sacred liturgy
of the universal Church, to publish liturgical books and review their vernacular
translations, and to be watchful that liturgical regulations are everywhere
faithfully observed.
§3 It pertains to Episcopal Conferences to prepare vernacular translations
of liturgical books, with appropriate adaptations as allowed by the books themselves
and, with the prior review of the Holy See, to publish these translations.
§4 Within the limits of his competence, it belongs to the diocesan Bishop
to lay down for the Church entrusted to his care, liturgical regulations which
are binding on all.
Can. 839 §1 The Church carries out its sanctifying office by other means
also, that is by prayer, in which it asks God to make Christ’s faithful
holy in the truth, and by works of penance and charity, which play a large part
in establishing and strengthening in souls the Kingdom of Christ, and so contribute
to the salvation of the world.
§2 Local Ordinaries are to ensure that the prayers and the pious and sacred
practices of the christian people are in full harmony with the laws of the Church.
Can. 840 The sacraments of the New Testament were instituted by Christ the
Lord and entrusted to the Church. As actions of Christ and of the Church, they
are signs and means by which faith is expressed and strengthened, worship is
offered to God and our sanctification is brought about. Thus they contribute
in the most effective manner to establishing, strengthening and manifesting
ecclesiastical communion. Accordingly, in the celebration of the sacraments
both the sacred ministers and all the other members of Christ’s faithful
must show great reverence and due care.
Can. 841 Since the sacraments are the same throughout the universal Church,
and belong to the divine deposit of faith, only the supreme authority in the
Church can approve or define what is needed for their validity. It belongs to
the same authority, or to another competent authority in accordance with can.
838 §§3 and 4, to determine what is required for their lawful celebration,
administration and reception and for the order to be observed in their celebration.
Can. 842 §1 A person who has not received baptism cannot validly be admitted
to the other sacraments.
§2 The sacraments of baptism, confirmation and the blessed Eucharist so
complement one another that all three are required for full christian initiation.
Can. 843 §1 Sacred ministers may not deny the sacraments to those who
opportunely ask for them, are properly disposed and are not prohibited by law
from receiving them.
§2 According to their respective offices in the Church, both pastors of
souls and all other members of Christ’s faithful have a duty to ensure
that those who ask for the sacraments are prepared for their reception. This
should be done through proper evangelisation and catechetical instruction, in
accordance with the norms laid down by the competent authority.
Can. 844 §1 Catholic ministers may lawfully administer the sacraments
only to catholic members of Christ’s faithful, who equally may lawfully
receive them only from catholic ministers, except as provided in §§2,
3 and 4 of this canon and in can. 861 §2.
§2 Whenever necessity requires or a genuine spiritual advantage commends
it, and provided the danger of error or indifferentism is avoided, Christ’s
faithful for whom it is physically or morally impossible to approach a catholic
minister, may lawfully receive the sacraments of penance, the Eucharist and
anointing of the sick from non catholic ministers in whose Churches these sacraments
are valid.
§3 Catholic ministers may lawfully administer the sacraments of penance,
the Eucharist and anointing of the sick to members of the eastern Churches not
in full communion with the catholic Church, if they spontaneously ask for them
and are properly disposed. The same applies to members of other Churches which
the Apostolic See judges to be in the same position as the aforesaid eastern
Churches so far as the sacraments are concerned.
§4 If there is a danger of death or if, in the judgement of the diocesan
Bishop or of the Episcopal Conference, there is some other grave and pressing
need, catholic ministers may lawfully administer these same sacraments to other
christians not in full communion with the catholic Church, who cannot approach
a minister of their own community and who spontaneously ask for them, provided
that they demonstrate the catholic faith in respect of these sacraments and
are properly disposed.
§5 In respect of the cases dealt with in §§2, 3 and 4, the diocesan
Bishop or the Episcopal Conference is not to issue general norms except after
consultation with the competent authority, at least at the local level, of the
non catholic Church or community concerned.
Can. 845 §1 Because they imprint a character, the sacraments of baptism,
confirmation and order cannot be repeated.
§2 If after diligent enquiry a prudent doubt remains as to whether the
sacraments mentioned in §1 have been conferred at all, or conferred validly,
they are to be conferred conditionally.
Can. 846 §1 The liturgical books, approved by the competent authority,
are to be faithfully followed in the celebration of the sacraments. Accordingly,
no one may on a personal initiative add to or omit or alter anything in those
books.
§2 The ministers are to celebrate the sacraments according to their own
rite.
Can. 847 §1 In administering sacraments in which holy oils are to be used,
the minister must use oil made from olives or other plants, which, except as
provided in can. 999, n. 2, has recently been consecrated or blessed by a Bishop.
Older oil is not to be used except in a case of necessity.
§2 The parish priest is to obtain the holy oils from his own Bishop and
keep them carefully in fitting custody.
Can. 848 For the administration of the sacraments the minister may not ask
for anything beyond the offerings which are determined by the competent authority,
and he must always ensure that the needy are not deprived of the help of the
sacraments by reason of poverty.
Can. 849 Baptism, the gateway to the sacraments, is necessary for salva-tion, either by actual reception or at least by desire. By it people are freed from sins, are born again as children of God and, made like to Christ by an indelible character, are incorporated into the Church. It is validly conferred only by a washing in real water with the proper form of words.
Can. 850 Baptism is administered according to the rite prescribed in the approved
liturgical books, except in a case of urgent necessity when only those elements
which are required for the validity of the sacrament must be observed.
Can. 851 The celebration of baptism should be properly prepared. Accordingly:
1° an adult who intends to receive baptism is to be admitted to the catechumenate
and, as far as possible, brought through the various stages to sacramental initiation,
in accordance with the rite of initiation as adapted by the Episcopal Conference
and with the particular norms issued by it;
2° the parents of a child who is to be baptised, and those who are to undertake
the office of sponsers, are to be suitably instructed on the meaning of this
sacrament and the obligations attaching to it. The parish priest is to see to
it that either he or others duly prepare the parents, by means of pastoral advice
and indeed by prayer together; a number of families might be brought together
for this purpose and, where possible, each family visited.
Can. 852 §1 The provisions of the canons on adult baptism apply to all
those who, being no longer infants, have reached the use of reason.
§2 One who is incapable of personal responsibility is regarded as an infant
even in regard to baptism.
Can. 853 Apart from a case of necessity, the water to be used in conferring
baptism is to be blessed, in accordance with the provisions of the liturgical
books.
Can. 854 Baptism is to be conferred either by immersion or by pouring, in accordance
with the provisions of the Episcopal Conference.
Can. 855 Parents, sponsors and parish priests are to take care that a name
is not given which is foreign to christian sentiment.
Can. 856 Though baptism may be celebrated on any day, it is recommended that
normally it be celebrated on a Sunday or, if possible, on the vigil of Easter.
Can. 857 §1 Apart from a case of necessity, the proper place for baptism
is a church or an oratory.
§2 As a rule and unless a just reason suggests otherwise, an adult is
to be baptised in his or her proper parish church, and an infant in the proper
parish church of the parents.
Can. 858 §1 Each parish church is to have a baptismal font, without prejudice
to the same right already acquired by other churches.
§2 The local Ordinary, after consultation with the local parish priest,
may for the convenience of the faithful permit or order that a baptismal font
be placed also in another church or oratory within the parish.
Can. 859 If, because of distance or other circumstances, the person to be baptised
cannot without grave inconvenience go or be brought to the parish church or
the oratory mentioned in can. 858 §2, baptism may and must be conferred
in some other church or oratory which is nearer, or even in some other fitting
place.
Can. 860 §1 Apart from a case of necessity, baptism is not to be conferred
in private houses, unless the local Ordinary should for a grave reason permit
it.
§2 Unless the diocesan Bishop has decreed otherwise, baptism is not to
be conferred in hospital, except in a case of necessity or for some other pressing
pastoral reason.
Can. 861 §1 The ordinary minister of baptism is a Bishop, a priest or
a deacon, without prejudice to the provision of can. 530, n. 1.
§2 If the ordinary minister is absent or impeded, a catechist or some
other person deputed to this office by the local Ordinary, may lawfully confer
baptism; indeed, in a case of necessity, any person who has the requisite intention
may do so. Pastors of souls, especially parish priests, are to be diligent in
ensuring that Christ’s faithful are taught the correct way to baptise.
Can. 862 Except in a case of necessity, it is unlawful for anyone without due
permission to confer baptism outside his own territory, not even upon his own
subjects.
Can. 863 The baptism of adults, at least of those who have completed their
fourteenth year, is to be referred to the Bishop, so that he himself may confer
it if he judges this appropriate.
Can. 864 Every unbaptised person, and only such a person, can be baptised.
Can. 865 §1 To be admitted to baptism, an adult must have manifested the
intention to receive baptism, must be adequately instructed in the truths of
the faith and in the duties of a christian, and tested in the christian life
over the course of the catechumenate. The person must moreover be urged to have
sorrow for personal sins.
§2 An adult in danger of death may be baptised if, with some knowledge
of the principal truths of the faith, he or she has in some manner manifested
the intention to receive baptism and promises to observe the requirements of
the christian religion.
Can. 866 Unless there is a grave reason to the contrary, immediately after
receiving baptism an adult is to be confirmed, to participate in the celebration
of the Eucharist and to receive holy communion.
Can. 867 §1 Parents are obliged to see that their infants are baptised
within the first few weeks. As soon as possible after the birth, indeed even
before it, they are to approach the parish priest to ask for the sacrament for
their child, and to be themselves duly prepared for it.
§2 If the infant is in danger of death, it is to be baptised without any
delay.
Can. 868 §1 For an infant to be baptised lawfully it is required:
1° that the parents, or at least one of them, or the person who lawfully
holds their place, give their consent;
2° that there be a well founded hope that the child will be brought up
in the catholic religion. If such hope is truly lacking, the baptism is, in
accordance with the provisions of particular law, to be deferred and the parents
advised of the reason for this.
§2 An infant of catholic parents, indeed even of non catholic parents,
may in danger of death be baptised even if the parents are opposed to it.
Can. 869 §1 If there is doubt as to whether a person was baptised or whether
a baptism was conferred validly, and after serious enquiry this doubt persists,
the person is to be baptised conditionally.
§2 Those baptised in a non catholic ecclesial community are not to be
baptised conditionally unless there is a serious reason for doubting the validity
of their baptism, on the ground of the matter or the form of words used in the
baptism, or of the intention of the adult being baptised or of that of the baptising
minister.
§3 If in the cases mentioned in §§1 and 2 a doubt remains about
the conferring of the baptism or its validity, baptism is not to be conferred
until the doctrine of the sacrament of baptism is explained to the person to
be baptised, if that person is an adult. Moreover, the reasons for doubting
the validity of the earlier baptism should be given to the person or, where
an infant is concerned, to the parents.
Can. 870 An abandoned infant or a foundling is to be baptised unless diligent
enquiry establishes that it has already been baptised.
Can. 871 Aborted foetuses, if they are alive, are to be baptised, in so far
as this is possible.
Can. 872 In so far as possible, a person being baptised is to be assigned a
sponsor. In the case of an adult baptism, the sponsor’s role is to assist
the person in christian initiation. In the case of an infant baptism, the role
is together with the parents to present the child for baptism, and to help it
to live a christian life befitting the baptised and faithfully to fulfil the
duties inherent in baptism.
Can. 873 One sponsor, male or female, is sufficient; but there may be two,
one of each sex.
Can. 874 §1 To be admitted to undertake the office of sponsor, a person
must:
1° be appointed by the candidate for baptism, or by the parents or whoever
stands in their place, or failing these, by the parish priest or the minister;
to be appointed the person must be suitable for this role and have the intention
of fulfilling it;
2° be not less than sixteen years of age, unless a different age has been
stipulated by the diocesan Bishop, or unless the parish priest or the minister
considers that there is a just reason for an exception to be made;
3° be a catholic who has been confirmed and has received the blessed Eucharist,
and who lives a life of faith which befits the role to be undertaken;
4° not labour under a canonical penalty, whether imposed or declared;
5° not be either the father or the mother of the person to be baptised.
§2 A baptised person who belongs to a non catholic ecclesial community
may be admitted only in company with a catholic sponsor, and then simply as
a witness to the baptism.
Can. 875 Whoever administers baptism is to take care that if there is not a
sponsor present, there is at least one witness who can prove that the baptism
was conferred.
Can. 876 To prove that baptism has been conferred, if there is no conflict
of interest, it is sufficient to have either one unexceptionable witness or,
if the baptism was conferred upon an adult, the sworn testimony of the baptised
person.
Can. 877 §1 The parish priest of the place in which the baptism was conferred
must carefully and without delay record in the register of baptism the names
of the baptised, the minister, the parents, the sponsors and, if there were
such, the witnesses, and the place and date of baptism. He must also enter the
date and place of birth.
§2 In the case of a child of an unmarried mother, the mother’s name
is to be entered if her maternity is publicly known or if, either in writing
or before two witnesses, she freely asks that this be done. Similarly, the name
of the father is to be entered, if his paternity is established either by some
public document or by his own declaration in the presence of the parish priest
and two witnesses. In all other cases, the name of the baptised person is to
be registered, without any indication of the name of the father or of the parents.
§3 In the case of an adopted child, the names of the adopting parents
are to be registered and, at least if this is done in the local civil registration,
the names of the natural parents in accordance with §§1 and 2 subject
however to the rulings of the Episcopal Conference.
Can. 878 If baptism was administered neither by the parish priest nor in his
presence, the minister of baptism, whoever that was, must notify the parish
priest of the parish in which the baptism was administered, so that he may register
the baptism in accordance with can. 877 §1.
Can. 879 The sacrament of confirmation confers a character. By it the baptised continue their path of christian initiation. They are enriched with the gift of the Holy Spirit, and are more closely linked to the Church. They are made strong and more firmly obliged by word and deed to witness to Christ and to spread and defend the faith.
Can. 880 §1 The sacrament of confirmation is conferred by anointing with
chrism on the forehead in a laying on of hands, and by the words prescribed
in the approved liturgical books.
§2 The chrism to be used in the sacrament of confirmation must have been
consecrated by a Bishop, even when the sacrament is administered by a priest.
Can. 881 It is desirable that the sacrament of confirmation be celebrated in
a church and indeed during Mass. However, for a just and reasonable cause it
may be celebrated apart from Mass and in any fitting place.
Can. 882 The ordinary minister of confirmation is a Bishop. A priest can also
validly confer this sacrament if he has the faculty to do so, either from the
general law or by way of a special grant from the competent authority.
Can. 883 The following have, by law, the faculty to administer confirmation:
1° within the confines of their jurisdiction, those who in law are equivalent
to a diocesan Bishop;
2° in respect of the person to be confirmed, the priest who by virtue of
his office or by mandate of the diocesan Bishop baptises an adult or admits
a baptised adult into full communion with the catholic Church;
3° in respect of those in danger of death, the parish priest or indeed
any priest.
Can. 884 §1 The diocesan Bishop is himself to administer confirmation
or to ensure that it is administered by another Bishop. If necessity so requires,
he may grant to one or several specified priests the faculty to administer this
sacrament.
§2 For a grave reason the Bishop, or the priest who by law or by special
grant of the competent authority has the faculty to confirm, may in individual
cases invite other priests to join with him in administering the sacrament.
Can. 885 §1 The diocesan Bishop is bound to ensure that the sacrament
of confirmation is conferred upon his subjects who duly and reasonably request
it.
§2 A priest who has this faculty must use it for those in whose favour
it was granted.
Can. 886 §1 A Bishop in his own diocese may lawfully administer the sacrament
of confirmation even to the faithful who are not his subjects, unless there
is an express prohibition by their own Ordinary.
§2 In order lawfully to administer confirmation in another diocese, unless
it be to his own subjects, a Bishop needs the permission, at least reasonably
presumed, of the diocesan Bishop.
Can. 887 A priest who has the faculty to administer confirmation may, within
the territory assigned to him, lawfully administer this sacrament even to those
from outside the territory, unless there is a prohibition by their own Ordinary.
He cannot, however, validly confirm anyone in another territory, without prejudice
to the provision of can. 883, n.3.
Can. 888 Within the territory in which they can confer confirmation, ministers
may confirm even in exempt places.
Can. 889 §1 Every baptised person who is not confirmed, and only such
a person, is capable of receiving confirmation.
§2 Apart from the danger of death, to receive confirmation lawfully a
person who has the use of reason must be suitably instructed, properly disposed
and able to renew the baptismal promises.
Can. 890 The faithful are bound to receive this sacrament at the proper time.
Parents and pastors of souls, especially parish priests, are to see that the
faithful are properly instructed to receive the sacrament and come to it at
the opportune time.
Can. 891 The sacrament of confirmation is to be conferred on the faithful at
about the age of discretion, unless the Episcopal Conference has decided on
a different age, or there is a danger of death or, in the judgement of the minister,
a grave reason suggests otherwise.
Can. 892 As far as possible the person to be confirmed is to have a sponsor.
The sponsor’s function is to take care that the person confirmed behaves
as a true witness of Christ and faithfully fulfils the duties inherent in this
sacrament.
Can. 893 §1 A person who would undertake the office of sponsor must fulfil
the conditions mentioned in can. 874.
§2 It is desirable that the sponsor chosen be the one who undertook this
role at baptism.
Can. 894 To establish that confirmation has been conferred, the provisions
of can. 876 are to be observed.
Can. 895 The names of those confirmed, the minister, the parents, the sponsors
and the place and date of the confirmation are to be recorded in the confirmation
register of the diocesan curia or, wherever this has been prescribed by the
Episcopal Conference or by the diocesan Bishop, in the register to be kept in
the parochial archive. The parish priest must notify the parish priest of the
place of the baptism that the confirmation was conferred, so that it be recorded
in the baptismal register, in accordance with can. 535 §2.
Can. 896 If the parish priest of the place was not present, the minister, personally
or through someone else, is to notify him as soon as possible that the confirmation
was conferred.
Can. 897 The most venerable sacrament is the blessed Eucharist, in which Christ
the Lord himself is contained, offered and received, and by which the Church
continually lives and grows. The eucharistic Sacrifice, the memorial of the
death and resurrection of the Lord, in which the Sacrifice of the cross is forever
perpetuated, is the summit and the source of all worship and christian life.
By means of it the unity of God’s people is signified and brought about,
and the building up of the body of Christ is perfected. The other sacraments
and all the apostolic works of Christ are bound up with, and directed to, the
blessed Eucharist.
Can. 898 Christ’s faithful are to hold the blessed Eucharist in the highest
honour. They should take an active part in the celebration of the most august
Sacrifice of the Mass; they should receive the sacrament with great devotion
and frequently, and should reverence it with the greatest adoration. In explaining
the doctrine of this sacrament, pastors of souls are assiduously to instruct
the faithful about their obligation in this regard.
Can. 899 §1 The celebration of the Eucharist is an action of Christ himself
and of the Church. In it Christ the Lord, through the ministry of the priest,
offers himself, substantially present under the appearances of bread and wine,
to God the Father, and gives himself as spiritual nourishment to the faithful
who are associated with him in his offering.
§2 In the eucharistic assembly the people of God are called together under
the presidency of the Bishop or of a priest authorised by him, who acts in the
person of Christ. All the faithful present, whether clerics or lay people, unite
to participate in their own way, according to their various orders and liturgical
roles.
§3 The eucharistic celebration is to be so ordered that all the participants
derive from it the many fruits for which Christ the Lord instituted the eucharistic
Sacrifice.
ARTICLE 1: THE MINISTER OF THE BLESSED EUCHARIST
Can. 900 §1 The only minister who, in the person of Christ, can bring
into being the sacrament of the Eucharist, is a validly ordained priest.
§2 Any priest who is not debarred by canon law may lawfully celebrate
the Eucharist, provided the provisions of the following canons are observed.
Can. 901 A priest is entitled to offer Mass for anyone, living or dead.
Can. 902 Unless the benefit of Christ’s faithful requires or suggests
otherwise, priests may concelebrate the Eucharist; they are, however, fully
entitled to celebrate the Eucharist individually, but not while a celebration
is taking place in the same church or oratory.
Can. 903 A priest is to be permitted to celebrate the Eucharist, even if he
is not known to the rector of the church, provided either that he presents commendatory
letters, not more than a year old, from his own Ordinary or Superior, or that
it can be prudently judged that he is not debarred from celebrating.
Can. 904 Remembering always that in the mystery of the eucharistic Sacrifice
the work of redemption is continually being carried out, priests are to celebrate
frequently. Indeed, daily celebration is earnestly recommended, because, even
if it should not be possible to have the faithful present, it is an action of
Christ and of the Church in which priests fulfil their principal role.
Can. 905 §1 Apart from those cases in which the law allows him to celebrate
or concelebrate the Eucharist a number of times on the same day, a priest may
not celebrate more than once a day.
§2 If there is a scarcity of priests, the local Ordinary may for a good
reason allow priests to celebrate twice in one day or even, if pastoral need
requires it, three times on Sundays or holydays of obligation.
Can. 906 A priest may not celebrate the eucharistic Sacrifice without the participation
of at least one of the faithful, unless there is a good and reasonable cause
for doing so.
Can. 907 In the celebration of the Eucharist, deacons and lay persons are not
permitted to say the prayers, especially the eucharistic prayer, nor to perform
the actions which are proper to the celebrating priest.
Can. 908 Catholic priests are forbidden to concelebrate the Eucharist with
priests or ministers of Churches or ecclesial communities which are not in full
communion with the catholic Church.
Can. 909 A priest is not to omit dutifully to prepare himself by prayer before
the celebration of the Eucharist, nor afterwards to omit to make thanksgiving
to God.
Can. 910 §1 The ordinary minister of holy communion is a Bishop, a priest
or a deacon.
§2 The extraordinary minister of holy communion is an acolyte, or another
of Christ’s faithful deputed in accordance with can. 230 §3.
Can. 911 §1 The duty and right to bring the blessed Eucharist to the sick
as Viaticum belongs to the parish priest, to assistant priests, to chaplains
and, in respect of all who are in the house, to the community Superior in clerical
religious institutes or societies of apostolic life.
§2 In a case of necessity, or with the permission at least presumed of
the parish priest, chaplain or Superior, who must subsequently be notified,
any priest or other minister of holy communion must do this.
ARTICLE 2: PARTICIPATION IN THE BLESSED EUCHARIST
Can. 912 Any baptised person who is not forbidden by law may and must be admitted
to holy communion.
Can. 913 §1 For holy communion to be administered to children, it is required
that they have sufficient knowledge and be accurately prepared, so that according
to their capacity they understand what the mystery of Christ means, and are
able to receive the Body of the Lord with faith and devotion.
§2 The blessed Eucharist may, however, be administered to children in
danger of death if they can distinguish the Body of Christ from ordinary food
and receive communion with reverence.
Can. 914 It is primarily the duty of parents and of those who take their place,
as it is the duty of the parish priest, to ensure that children who have reached
the use of reason are properly prepared and, having made their sacramental confession,
are nourished by this divine food as soon as possible. It is also the duty of
the parish priest to see that children who have not reached the use of reason,
or whom he has judged to be insufficiently disposed, do not come to holy communion.
Can. 915 Those upon whom the penalty of excommunication or interdict has been
imposed or declared, and others who obstinately persist in manifest grave sin,
are not to be admitted to holy communion.
Can. 916 Anyone who is conscious of grave sin may not celebrate Mass or receive
the Body of the Lord without previously having been to sacramental confession,
unless there is a grave reason and there is no opportunity to confess; in this
case the person is to remember the obligation to make an act of perfect contrition,
which includes the resolve to go to confession as soon as possible.
Can. 917 One who has received the blessed Eucharist may receive it again on
the same day only within a eucharistic celebration in which that person participates,
without prejudice to the provision of can. 921 §2.
Can. 918 It is most strongly recommended that the faithful receive holy communion
in the course of a eucharistic celebration. If, however, for good reason they
ask for it apart from the Mass, it is to be administered to them, observing
the liturgical rites.
Can. 919 §1 Whoever is to receive the blessed Eucharist is to abstain
for at least one hour before holy communion from all food and drink, with the
sole exception of water and medicine.
§2 A priest who, on the same day, celebrates the blessed Eucharist twice
or three times may consume something before the second or third celebration,
even though there is not an hour’s interval.
§3 The elderly and those who are suffering from some illness, as well
as those who care for them, may receive the blessed Eucharist even if within
the preceding hour they have consumed something.
Can. 920 §1 Once admitted to the blessed Eucharist, each of the faithful
is obliged to receive holy communion at least once a year.
§2 This precept must be fulfilled during paschal time, unless for a good
reason it is fulfilled at another time during the year.
Can. 921 §1 Christ’s faithful who are in danger of death, from whatever
cause, are to be strengthened by holy communion as Viaticum.
§2 Even if they have already received holy communion that same day, it
is nevertheless strongly suggested that in danger of death they should communicate
again.
§3 While the danger of death persists, it is recommended that holy communion
be administered a number of times, but on separate days.
Can. 922 Holy Viaticum for the sick is not to be unduly delayed. Those who
have the care of souls are to take assiduous care that the sick are strengthened
by it while they are in full possession of their faculties.
Can. 923 Christ’s faithful may participate in the eucharistic Sacrifice
and receive holy communion in any catholic rite, without prejudice to the provisions
of can. 844.
ARTICLE 3: THE RITES AND CEREMONIES OF THE EUCHARISTIC CELEBRATION
Can. 924 §1 The most holy Sacrifice of the Eucharist must be celebrated
in bread, and in wine to which a small quantity of water is to be added.
§2 The bread must be wheaten only, and recently made, so that there is
no danger of corruption.
§3 The wine must be natural, made from grapes of the vine, and not corrupt.
Can. 925 Holy communion is to be given under the species of bread alone or,
in accordance with the liturgical laws, under both species or, in case of necessity,
even under the species of wine alone.
Can. 926 In the eucharistic celebration, in accordance with the ancient tradition
of the Latin Church, the priest is to use unleavened bread wherever he celebrates
Mass.
Can. 927 It is absolutely wrong, even in urgent and extreme necessity, to consecrate
one element without the other, or even to consecrate both outside the eucharistic
celebration.
Can. 928 The eucharistic celebration is to be carried out either in the Latin
language or in another language, provided the liturgical texts have been lawfully
approved.
Can. 929 In celebrating and administering the Eucharist, priests and deacons
are to wear the sacred vestments prescribed by the rubrics.
Can. 930 §1 A priest who is ill or elderly, if he is unable to stand,
may celebrate the eucharistic Sacrifice sitting but otherwise observing the
liturgical laws; he may not, however, do so in public except by permission of
the local Ordinary.
§2 A priest who is blind or suffering from some other infirmity, may lawfully
celebrate the eucharistic Sacrifice by using the text of any approved Mass,
with the assistance, if need be, of another priest or deacon or even a properly
instructed lay person.
ARTICLE 4: THE TIME AND PLACE OF THE EUCHARISTIC CELEBRATION
Can. 931 The celebration and distribution of the Eucharist may take place on
any day and at any hour, except those which are excluded by the liturgical laws.
Can. 932 §1 The eucharistic celebration is to be carried out in a sacred
place, unless in a particular case necessity requires otherwise; in which case
the celebration must be in a fitting place.
§2 The eucharistic Sacrifice must be carried out at an altar that is dedicated
or blessed. Outside a sacred place an appropriate table may be used, but always
with an altar cloth and a corporal.
Can. 933 For a good reason, with the express permission of the local Ordinary
and provided scandal has been eliminated, a priest may celebrate the Eucharist
in a place of worship of any Church or ecclesial community which is not in full
communion with the catholic Church.
Can. 934 §1 The blessed Eucharist:
1° must be reserved in the cathedral church or its equivalent, in every
parish church, and in the church or oratory attached to the house of a religious
institute or society of apostolic life
2° may be reserved in a Bishop’s chapel and, by permission of the
local Ordinary, in other churches, oratories and chapels.
§2 In sacred places where the blessed Eucharist is reserved there must
always be someone who is responsible for it, and as far as possible a priest
is to celebrate Mass there at least twice a month.
Can. 935 It is not lawful for anyone to keep the blessed Eucharist in personal
custody or to carry it around, unless there is an urgent pastoral need and the
prescriptions of the diocesan Bishop are observed.
Can. 936 In a house of a religious institute or other house of piety, the blessed
Eucharist is to be reserved only in the church or principal oratory attached
to the house. For a just reason, however, the Ordinary can permit it to be reserved
also in another oratory of the same house.
Can. 937 Unless there is a grave reason to the contrary, a church in which
the blessed Eucharist is reserved is to be open to the faithful for at least
some hours every day, so that they can pray before the blessed Sacrament.
Can. 938 §1 The blessed Eucharist is to be reserved habitually in only
one tabernacle of a church or oratory.
§2 The tabernacle in which the blessed Eucharist is reserved should be
sited in a distinguished place in the church or oratory, a place which is conspicuous,
suitably adorned and conducive to prayer.
§3 The tabernacle in which the blessed Eucharist is habitually reserved
is to be immovable, made of solid and non transparent material, and so locked
as to give the greatest security against any danger of profanation.
§4 For a grave reason, especially at night, it is permitted to reserve
the blessed Eucharist in some other safer place, provided it is fitting.
§5 The person in charge of a church or oratory is to see to it that the
key of the tabernacle in which the blessed Eucharist is reserved, is in maximum
safe keeping.
Can. 939 Consecrated hosts, in a quantity sufficient for the needs of the faithful,
are to be kept in a pyx or ciborium, and are to be renewed frequently, the older
hosts having been duly consumed.
Can. 940 A special lamp is to burn continuously before the tabernacle in which
the blessed Eucharist is reserved, to indicate and to honour the presence of
Christ.
Can. 941 §1 In churches or oratories which are allowed to reserve the
blessed Eucharist, there may be exposition, either with the pyx or with the
monstrance, in accordance with the norms prescribed in the liturgical books.
§2 Exposition of the blessed Sacrament may not take place while Mass is
being celebrated in the same area of the church or oratory.
Can. 942 It is recommended that in these churches or oratories, there is to
be each year a solemn exposition of the blessed Sacrament for an appropriate,
even if not for a continuous time, so that the local community may more attentively
meditate on and adore the eucharistic mystery. This exposition is to take place
only if a fitting attendance of the faithful is foreseen, and the prescribed
norms are observed.
Can. 943 The minister of exposition of the blessed Sacrament and of the eucharistic
blessing is a priest or deacon. In special circumstances the minister of exposition
and deposition alone, but without the blessing, is an acolyte, and extraordinary
minister of holy communion, or another person deputed by the local Ordinary,
in accordance with the regulations of the diocesan Bishop.
Can. 944 §1 Wherever in the judgement of the diocesan Bishop it can be
done, a procession through the streets is to be held, especially on the solemnity
of the Body and Blood of Christ, as a public witness of veneration of the blessed
Eucharist.
§2 It is for the diocesan Bishop to establish such regulations about processions
as will provide for participation in them and for their being carried out in
a dignified manner.
Can. 945 §1 In accordance with the approved custom of the Church, any
priest who celebrates or concelebrates a Mass may accept an offering to apply
the Mass for a specific intention.
§2 It is earnestly recommended to priests that, even if they do not receive
an offering, they celebrate Mass for the intentions of Christ’s faithful,
especially of those in need.
Can. 946 The faithful who make an offering so that Mass can be celebrated for
their intention, contribute to the good of the Church, and by that offering
they share in the Church’s concern for the support of its ministers and
its activities.
Can. 947 Even the semblance of trafficking or trading is to be entirely excluded
from Mass offerings.
Can. 948 Separate Masses must be applied for the intentions of those for whom
an individual offering, even if small, has been made and accepted.
Can. 949 One who is obliged to celebrate and apply Mass for the intentions
of those who made an offering, is bound by this obligation even if the offering
received is lost through no fault of his.
Can. 950 If a sum of money is offered for the application of Masses, but with
no indication of the number of Masses to be celebrated, their number is to be
calculated on the basis of the offering prescribed in the place where the donor
resides, unless the donor’s intention must lawfully be presumed to have
been otherwise.
Can. 951 §1 A priest who celebrates a number of Masses on the same day
may apply each Mass for the intention for which an offering was made, subject
however to the rule that, apart from Christmas Day, he may retain for himself
the offering for only one Mass; the others he is to transmit to purposes prescribed
by the Ordinary, while allowing for some compensation on the ground of an extrinsic
title.
§2 A priest who on the same day concelebrates a second Mass may not under
any title accept an offering for that Mass.
Can. 952 §1 The provincial council or the provincial Bishops’ meeting
is to determine by decree, for the whole of the province, what offering is to
be made for the celebration and application of Mass. Nonetheless, it is permitted
to accept, for the application of a Mass, an offering voluntarily made, which
is greater, or even less, than that which has been determined.
§2 Where there is no such decree, the custom existing in the diocese is
to be observed.
§3 Members of religious institutes of all kinds must abide by the decree
or the local custom mentioned in §§1 and 2.
Can. 953 No one may accept more offerings for Masses to be celebrated by himself
than he can discharge within a year.
Can. 954 If in certain churches or oratories more Masses are requested than
can be celebrated there, these may be celebrated elsewhere, unless the donors
have expressly stipulated otherwise.
Can. 955 §1 One who intends to transfer to others the celebration of Masses
to be applied, is to transfer them as soon as possible to priests of his own
choice, provided he is certain that they are of proven integrity. He must transfer
the entire offering received, unless it is quite certain that an amount in excess
of the diocesan offering was given as a personal gift. Moreover, it is his obligation
to see to the celebration of the Masses until such time as he has received evidence
that the obligation has been undertaken and the offering received.
§2 Unless it is established otherwise, the time within which Masses are
to be celebrated begins from the day the priest who is to celebrate them receives
them.
§3 Those who transfer to others Masses to be celebrated are without delay
to record in a book both the Masses which they have accepted and those which
they have passed on, noting also the offerings for these Masses.
§4 Each priest must accurately record the Masses which he has accepted
to celebrate and those which he has in fact celebrated.
Can. 956 Each and every administrator of pious causes and those, whether clerics
or lay persons, who are in any way obliged to provide for the celebration of
Masses, are to transfer to their Ordinaries, in a manner to be determined by
the latter, such Mass obligations as have not been discharged within a year.
Can. 957 The duty and the right to see that Mass obligations are fulfilled
belongs, in the case of churches of the secular clergy, to the local Ordinary;
in the case of churches of religious institutes or societies of apostolic life,
to their Superiors.
Can. 958 §1 The parish priest, as well as the rector of a church or other
pious place in which Mass offerings are usually received, is to have a special
book in which he is accurately to record the number, the intention and the offering
of the Masses to be celebrated, and the fact of their celebration.
§2 The Ordinary is obliged to inspect these books each year, either personally
or through others.
Can. 959 In the sacrament of penance the faithful who confess their sins to a lawful minister, are sorry for those sins and have a purpose of amendment, receive from God, through the absolution given by that minister, forgiveness of sins they have committed after baptism, and at the same time they are reconciled with the Church, which by sinning they wounded.
Can. 960 Individual and integral confession and absolution constitute the sole
ordinary means by which a member of the faithful who is conscious of grave sin
is reconciled with God and with the Church. Physical or moral impossibility
alone excuses from such confession, in which case reconciliation may be attained
by other means also.
Can. 961 §1 General absolution, without prior individual confession, cannot
be given to a number of penitents together, unless:
1° danger of death threatens and there is not time for the priest or priests
to hear the confessions of the individual penitents;
2° there exists a grave necessity, that is, given the number of penitents,
there are not enough confessors available properly to hear the individual confessions
within an appropriate time, so that without fault of their own the penitents
are deprived of the sacramental grace or of holy communion for a lengthy period
of time. A sufficient necessity is not, however, considered to exist when confessors
cannot be available merely because of a great gathering of penitents, such as
can occur on some major feastday or pilgrimage.
§2 It is for the diocesan Bishop to judge whether the conditions required
in §1, n. 2 are present; mindful of the criteria agreed with the other
members of the Episcopal Conference, he can determine the cases of such necessity.
Can. 962 §1 For a member of Christ’s faithful to benefit validly
from a sacramental absolution given to a number of people simultaneously, it
is required not only that he or she be properly disposed, but be also at the
same time personally resolved to confess in due time each of the grave sins
which cannot for the moment be thus confessed.
§2 Christ’s faithful are to be instructed about the requirements
set out in §1, as far as possible even on the occasion of general absolution
being received. An exhortation that each person should make an act of contrition
is to precede a general absolution, even in the case of danger of death if there
is time.
Can. 963 Without prejudice to the obligation mentioned in can. 989, a person
whose grave sins are forgiven by a general absolution, is as soon as possible,
when the opportunity occurs, to make an individual confession before receiving
another general absolution, unless a just reason intervenes.
Can. 964 §1 The proper place for hearing sacramental confessions is a
church or oratory.
§2 As far as the confessional is concerned, norms are to be issued by
the Episcopal Conference, with the proviso however that confessionals, which
the faithful who so wish may freely use, are located in an open place, and fitted
with a fixed grille between the penitent and the confessor.
§3 Except for a just reason, confessions are not to be heard elsewhere
than in a confessional.
Can. 965 Only a priest is the minister of the sacrament of penance.
Can. 966 §1 For the valid absolution of sins, it is required that, in
addition to the power of order, the minister has the faculty to exercise that
power in respect of the faithful to whom he gives absolution.
§2 A priest can be given this faculty either by the law itself, or by
a concession issued by the competent authority in accordance with can. 969.
Can. 967 §1 Besides the Roman Pontiff, Cardinals by virtue of the law
itself have the faculty to hear the confessions of Christ’s faithful everywhere.
Likewise, Bishops have this faculty, which they may lawfully use everywhere,
unless in a particular case the diocesan Bishop has refused.
§2 Those who have the faculty habitually to hear confessions, whether
by virtue of their office or by virtue of a concession by the Ordinary of either
the place of incardination or that in which they have a domicile, can exercise
that faculty everywhere, unless in a particular case the local Ordinary has
refused, without prejudice to the provisions of can. 974 §§2 and 3.
§3 In respect of the members and of those others who live day and night
in a house of an institute or society, this same faculty is by virtue of the
law itself possessed everywhere by those who have the faculty to hear confessions,
whether by virtue of their office or by virtue of a special concession of the
competent Superior in accordance with Cann. 968 §2 and 969 §2. They
may lawfully use this faculty, unless in a particular case some major Superior
has, in respect of his own subjects, refused.
Can. 968 §1 By virtue of his office, for each within the limits of his
jurisdiction, the faculty to hear confessions belongs to the local Ordinary,
to the canon penitentiary, to the parish priest, and to those others who are
in the place of the parish priest.
§2 By virtue of their office, the faculty to hear the confessions of their
own subjects and of those others who live day and night in the house, belongs
to the Superiors of religious institutes or of societies of apostolic life,
if they are clerical and of pontifical right, who in accordance with the constitutions
have executive power of governance, without prejudice however to the provision
of can. 630 §4.
Can. 969 §1 Only the local Ordinary is competent to give to any priests
whomsoever the faculty to hear the confessions of any whomsoever of the faithful.
Priests who are members of religious institutes may not, however, use this faculty
without the permission, at least presumed, of their Superior.
§2 The Superior of a religious institute or of a society of apostolic
life, mentioned in can. 968 §2, is competent to give to any priests whomsoever
the faculty to hear the confessions of his own subjects and of those others
who live day and night in the house.
Can. 970 The faculty to hear confessions is not to be given except to priests
whose suitability has been established, either by examination or by some other
means.
Can. 971 The local Ordinary is not to give the faculty habitually to hear confessions
to a priest, even to one who has a domicile or quasi domicile within his jurisdiction,
without first, as far as possible, consulting that priest’s own Ordinary.
Can. 972 The faculty to hear confessions may be given by the competent authority
mentioned in can. 969, for either an indeterminate or a determinate period of
time.
Can. 973 The faculty habitually to hear confessions is to be given in writing.
Can. 974 §1 Neither the local Ordinary nor the competent Superior may,
except for a grave reason, revoke the grant of a faculty habitually to hear
confessions.
§2 If the faculty to hear confessions granted by the local Ordinary mentioned
in can. 967, §2, is revoked by that Ordinary, the priest loses the faculty
everywhere. If the faculty is revoked by another local Ordinary, the priest
loses it only in the territory of the Ordinary who revokes it.
§3 Any local Ordinary who has revoked a priest’s faculty to hear
confessions is to notify the Ordinary who is proper to that priest by reason
of incardination or, if the priest is a member of a religious institute, his
competent Superior.
§4 If the faculty to hear confessions is revoked by his own major Superior,
the priest loses everywhere the faculty to hear the confessions of the members
of the institute. But if the faculty is revoked by another competent Superior,
the priest loses it only in respect of those subjects who are in that Superior’s
jurisdiction.
Can. 975 Apart from revocation, the faculty mentioned in can. 967 §2 ceases
by loss of office, by excardination, or by loss of domicile.
Can. 976 Any priest, even though he lacks the faculty to hear confessions,
can validly and lawfully absolve any penitents who are in danger of death, from
any censures and sins, even if an approved priest is present.
Can. 977 The absolution of a partner in a sin against the sixth commandment
of the Decalogue is invalid, except in danger of death.
Can. 978 §1 In hearing confessions the priest is to remember that he is
at once both judge and healer, and that he is constituted by God as a minister
of both divine justice and divine mercy, so that he may contribute to the honour
of God and the salvation of souls.
§2 In administering the sacrament, the confessor, as a minister of the
Church, is to adhere faithfully to the teaching of the magisterium and to the
norms laid down by the competent authority.
Can. 979 In asking questions the priest is to act with prudence and discretion,
taking into account the condition and the age of the penitent, and he is to
refrain from enquiring the name of a partner in sin.
Can. 980 If the confessor is in no doubt about the penitent’s disposition
and the penitent asks for absolution, it is not to be denied or delayed.
Can. 981 The confessor is to impose salutary and appropriate penances, in proportion
to the kind and number of sins confessed, taking into account, however, the
condition of the penitent. The penitent is bound personally to fulfil these
penances.
Can. 982 A person who confesses to having falsely denounced to ecclesiastical
authority a confessor innocent of the crime of solicitation to a sin against
the sixth commandment of the Decalogue, is not to be absolved unless that person
has first formally withdrawn the false denunciation and is prepared to make
good whatever harm may have been done.
Can. 983 §1 The sacramental seal is inviolable. Accordingly, it is absolutely
wrong for a confessor in any way to betray the penitent, for any reason whatsoever,
whether by word or in any other fashion.
§2 An interpreter, if there is one, is also obliged to observe this secret,
as are all others who in any way whatever have come to a knowledge of sins from
a confession.
Can. 984 §1 The confessor is wholly forbidden to use knowledge acquired
in confession to the detriment of the penitent, even when all danger of disclosure
is excluded.
§2 A person who is in authority may not in any way, for the purpose of
external governance, use knowledge about sins which has at any time come to
him from the hearing of confession.
Can. 985 The director and assistant director of novices, and the rector of
a seminary or of any other institute of education, are not to hear the sacramental
confessions of their students resident in the same house, unless in individual
instances the students of their own accord request it.
Can. 986 §1 All to whom by virtue of office the care of souls is committed,
are bound to provide for the hearing of the confessions of the faithful entrusted
to them, who reasonably request confession, and they are to provide these faithful
with an opportunity to make individual confession on days and at times arranged
to suit them.
§2 In an urgent necessity, every confessor is bound to hear the confessions
of Christ’s faithful, and in danger of death every priest is so obliged.
Can. 987 In order that the faithful may receive the saving remedy of the sacrament
of penance, they must be so disposed that, repudiating the sins they have committed
and having the purpose of amending their lives, they turn back to God.
Can. 988 §1 The faithful are bound to confess, in kind and in number,
all grave sins committed after baptism, of which after careful examination of
conscience they are aware, which have not yet been directly pardoned by the
keys of the Church, and which have not been confessed in an individual confession.
§2 The faithful are recommended to confess also venial sins.
Can. 989 All the faithful who have reached the age of discretion are bound
faithfully to confess their grave sins at least once a year.
Can. 990 No one is forbidden to confess through an interpreter, provided however
that abuse and scandal are avoided, and without prejudice to the provision of
can. 983 §2.
Can. 991 All Christ’s faithful are free to confess their sins to lawfully
approved confessors of their own choice, even to one of another rite.
Can. 992 An indulgence is the remission in the sight of God of the temporal
punishment due for sins, the guilt of which has already been forgiven. A member
of Christ’s faithful who is properly disposed and who fulfils certain
specific conditions, may gain an indulgence by the help of the Church which,
as the minister of redemption, authoritatively dispenses and applies the treasury
of the merits of Christ and the Saints.
Can. 993 An indulgence is partial or plenary according as it partially or wholly
frees a person from the temporal punishment due for sins.
Can. 994 All members of the faithful can gain indulgences, partial or plenary,
for themselves, or they can apply them by way of suffrage to the dead.
Can. 995 §1 Apart from the supreme authority in the Church, only those
can grant indulgences to whom this power is either acknowledged in the law,
or given by the Roman Pontiff.
§2 No authority below the Roman Pontiff can give to others the faculty
of granting indulgences, unless this authority has been expressly given to the
person by the Apostolic See.
Can. 996 §1 To be capable of gaining indulgences a person must be baptised,
not excommunicated, and in the state of grace at least on the completion of
the prescribed work.
§2 To gain them, however, the person who is capable must have at least
the intention of gaining them, and must fulfil the prescribed works at the time
and in the manner determined by the terms of the grant.
Can. 997 As far as the granting and the use of indulgences is concerned, the
other provisions contained in the special laws of the Church must also be observed.
Can. 998 The anointing of the sick, by which the Church commends to the suffering and glorified Lord the faithful who are dangerously ill so that he may support and save them, is conferred by anointing them with oil and pronouncing the words prescribed in the liturgical books.
Can. 999 The oil to be used in the anointing of the sick can be blessed not
only by a Bishop but also by:
1° those who are in law equivalent to the diocesan Bishop;
2° in a case of necessity, any priest but only in the actual celebration
of the sacrament.
Can. 1000 §1 The anointings are to be carried out accurately, with the
words and in the order and manner prescribed in the liturgical books. In a case
of necessity, however, a single anointing on the forehead, or even on another
part of the body, is sufficient while the full formula is recited.
§2 The minister is to anoint with his own hand, unless a grave reason
indicates the use of an instrument.
Can. 1001 Pastors of souls and those who are close to the sick are to ensure
that the sick are helped by this sacrament in good time.
Can. 1002 The communal celebration of anointing of the sick, for a number of
the sick together, who have been appropriately prepared and are rightly disposed,
may be held in accordance with the regulations of the diocesan Bishop.
Can. 1003 §1 Every priest, but only a priest, can validly administer the
anointing of the sick.
§2 All priests to whom has been committed the care of souls, have the
obligation and the right to administer the anointing of the sick to those of
the faithful entrusted to their pastoral care. For a reasonable cause, any other
priest may administer this sacrament if he has the consent, at least presumed,
of the aforementioned priest.
§3 Any priest may carry the holy oil with him, so that in a case of necessity
he can administer the sacrament of anointing of the sick.
Can. 1004 §1 The anointing of the sick can be administered to any member
of the faithful who, having reached the use of reason, begins to be in danger
of death by reason of illness or old age.
§2 This sacrament can be repeated if the sick person, having recovered,
again becomes seriously ill or if, in the same illness, the danger becomes more
serious.
Can. 1005 If there is any doubt as to whether the sick person has reached the
age of reason, or is dangerously ill, or is dead, this sacrament is to be administered.
Can. 1006 This sacrament is to be administered to the sick who, when they were
in possession of their faculties, at least implicitly asked for it.
Can. 1007 The anointing of the sick is not to be conferred upon those who obstinately
persist in a manifestly grave sin.
Can. 1008 By divine institution some among Christ’s faithful are, through
the sacrament of order, marked with an indelible character and are thus constituted
sacred ministers; thereby they are consecrated and deputed so that, each according
to his own grade, they fulfil, in the person of Christ the Head, the offices
of teaching, sanctifying and ruling, and so they nourish the people of God.
Can. 1009 §1 The orders are the episcopate, the priesthood and the diaconate.
§2 They are conferred by the imposition of hands and the prayer of consecration
which the liturgical books prescribe for each grade.
Can. 1010 An ordination is to be celebrated during Mass, on a Sunday or holyday
of obligation. For pastoral reasons, however, it may take place on other days
also, even on ferial days.
Can. 1011 §1 An ordination is normally to be celebrated in the cathedral
church. For pastoral reasons, however, it may be celebrated in another church
or oratory.
§2 Clerics and other members of Christ’s faithful are to be invited
to attend an ordination, so that the greatest possible number may be present
at the celebration.
Can. 1012 The minister of sacred ordination is a consecrated Bishop.
Can. 1013 No Bishop is permitted to consecrate anyone as Bishop, unless it
is first established that a pontifical mandate has been issued.
Can. 1014 Unless a dispensation has been granted by the Apostolic See, the
principal consecrating Bishop at an episcopal consecration is to have at least
two other consecrating Bishops with him. It is, however, entirely appropriate
that all the Bishops present should join with these in consecrating the Bishop
elect.
Can. 1015 §1 Each candidate is to be ordained to the priesthood or to
the diaconate by his proper Bishop, or with lawful dimissorial letters granted
by that Bishop.
§2 If not impeded from doing so by a just reason, a Bishop is himself
to ordain his own subjects. He may not, however, without an apostolic indult
lawfully ordain a subject of an oriental rite.
§3 Anyone who is entitled to give dimissorial letters for the reception
of orders may also himself confer these orders, if he is a Bishop.
Can. 1016 In what concerns the ordination to the diaconate of those who intend
to enrol themselves in the secular clergy, the proper Bishop is the Bishop of
the diocese in which the aspirant has a domicile, or the Bishop of the diocese
to which he intends to devote himself. In what concerns the priestly ordination
of the secular clergy, it is the Bishop of the diocese in which the aspirant
was incardinated by the diaconate.
Can. 1017 A Bishop may not confer orders outside his own jurisdiction except
with the permission of the diocesan Bishop.
Can. 1018 §1 The following can give dimissorial letters for the secular
clergy:
1° the proper Bishop mentioned in can. 1016;
2° the apostolic Administrator; with the consent of the college of consultors,
the diocesan Administrator; with the consent of the council mentioned in can.
495 §2, the Pro vicar and Pro prefect apostolic.
§2 The diocesan Administrator, the Pro vicar and Pro prefect apostolic
are not to give dimissorial letters to those to whom admission to orders was
refused by the diocesan Bishop or by the Vicar or Prefect apostolic.
Can. 1019 §1 It belongs to the major Superior of a clerical religious
institute of pontifical right or of a clerical society of apostolic life of
pontifical right to grant dimissorial letters for the diaconate and for the
priesthood to his subjects who are, in accordance with the constitutions, perpetually
or definitively enrolled in the institute or society.
§2 The ordination of all other candidates of whatever institute or society,
is governed by the law applying to the secular clergy, any indult whatsoever
granted to Superiors being revoked.
Can. 1020 Dimissorial letters are not to be granted unless all the testimonials
and documents required by the law in accordance with Cann. 1050 and 1051 have
first been obtained.
Can. 1021 Dimissorial letters may be sent to any Bishop in communion with the
Apostolic See, but not to a Bishop of a rite other than that of the ordinand,
unless there is an apostolic indult.
Can. 1022 When the ordaining Bishop has received the prescribed dimissorial
letters, he may proceed to the ordination only when the authenticity of these
letters is established beyond any doubt whatever.
Can. 1023 Dimissorial letters can be limited or can be revoked by the person
granting them or by his successor; once granted, they do not lapse on the expiry
of the grantor’s authority.
Can. 1024 Only a baptised man can validly receive sacred ordination.
Can. 1025 §1 In order lawfully to confer the orders of priesthood or diaconate,
it must have been established, in accordance with the proofs laid down by law,
that in the judgement of the proper Bishop or competent major Superior, the
candidate possesses the requisite qualities, that he is free of any irregularity
or impediment, and that he has fulfilled the requirements set out in can. 1033
1039. Moreover, the documents mentioned in can. 1050 must be to hand, and the
investigation mentioned in can. 1051 must have been carried out.
§2 It is further required that, in the judgement of the same lawful Superior,
the candidate is considered beneficial to the ministry of the Church.
§3 A Bishop ordaining his own subject who is destined for the service
of another diocese, must be certain that the ordinand will in fact be attached
to that other diocese.
ARTICLE 1: THE REQUIREMENTS IN THOSE TO BE ORDAINED
Can. 1026 For a person to be ordained, he must enjoy the requisite freedom.
It is absolutely wrong to compel anyone, in any way or for any reason whatsoever,
to receive orders, or to turn away from orders anyone who is canonically suitable.
Can. 1027 Aspirants to the diaconate and the priesthood are to be formed by
careful preparation in accordance with the law.
Can. 1028 The diocesan Bishop or the competent Superior must ensure that before
they are promoted to any order, candidates are properly instructed concerning
the order itself and its obligations.
Can. 1029 Only those are to be promoted to orders who, in the prudent judgement
of the proper Bishop or the competent major Superior, all things considered,
have sound faith, are motivated by the right intention, are endowed with the
requisite knowledge, enjoy a good reputation, and have moral probity, proven
virtue and the other physical and psychological qualities appropriate to the
order to be received.
Can. 1030 The proper Bishop or the competent major Superior may, but only for
a canonical reason, even one which is occult, forbid admission to the priesthood
to deacons subject to them who were destined for the priesthood, without prejudice
to recourse in accordance with the law.
Can. 1031 §1 The priesthood may be conferred only upon those who have
completed their twenty fifth year of age, and possess a sufficient maturity;
moreover, an interval of at least six months between the diaconate and the priesthood
must have been observed. Those who are destined for the priesthood are to be
admitted to the order of diaconate only when they have completed their twenty
third year.
§2 A candidate for the permanent diaconate who is not married may be admitted
to the diaconate only when he has completed at least his twenty fifth year;
if he is married, not until he has completed at least his thirty fifth year,
and then with the consent of his wife.
§3 Episcopal Conferences may issue a regulation which requires a later
age for the priesthood and for the permanent diaconate.
§4 A dispensation of more than a year from the age required by §§1
and 2 is reserved to the Apostolic See.
Can. 1032 §1 Aspirants to the priesthood may be promoted to the diaconate
only when they have completed the fifth year of the curriculum of philosophical
and theological studies.
§2 After completing the curriculum of studies and before being promoted
to the priesthood, deacons are to spend an appropriate time, to be determined
by the Bishop or by the competent major Superior, exercising the diaconal order
and taking part in the pastoral ministry.
§3 An aspirant to the permanent diaconate is not to be promoted to this
order until he has completed the period of formation.
ARTICLE 2: PREREQUISITES FOR ORDINATION
Can. 1033 Only one who has received the sacrament of sacred confirmation may
lawfully be promoted to orders.
Can. 1034 §1 An aspirant to the diaconate or to the priesthood is not
to be ordained unless he has first, through the liturgical rite of admission,
secured enrolment as a candidate from the authority mentioned in Cann. 1016
and 1019. He must previously have submitted a petition in his own hand and signed
by him, which has been accepted in writing by the same authority.
§2 One who has by vows become a member of a clerical institute is not
obliged to obtain this admission.
Can. 1035 §1 Before anyone may be promoted to the diaconate, whether permanent
or transitory, he must have received the ministries of lector and acolyte, and
have exercised them for an appropriate time.
§2 Between the conferring of the ministry of acolyte and the diaconate
there is to be an interval of at least six months.
Can. 1036 For a candidate to be promoted to the order of diaconate or priesthood,
he must submit to the proper Bishop or to the competent major Superior a declaration
written in his own hand and signed by him, in which he attests that he will
spontaneously and freely receive the sacred order and will devote himself permanently
to the ecclesiastical ministry, asking at the same time that he be admitted
to receive the order.
Can. 1037 A candidate for the permanent diaconate who is not married and likewise
a candidate for the priesthood, is not to be admitted to the order of diaconate
unless he has, in the prescribed rite, publicly before God and the Church undertaken
the obligation of celibacy, or unless he has taken perpetual vows in a religious
institute.
Can. 1038 A deacon who refuses to be promoted to the priesthood may not be
forbidden the exercise of the order he has received, unless he is constrained
by a canonical impediment, or unless there is some other grave reason, to be
estimated by the diocesan Bishop or the competent major Superior
Can. 1039 All who are to be promoted to any order must make a retreat for at
least five days, in a place and in the manner determined by the Ordinary. Before
he proceeds to the ordination, the Bishop must have assured himself that the
candidates have duly made the retreat.
ARTICLE 3: IRREGULARITIES AND OTHER IMPEDIMENTS
Can. 1040 Those bound by an impediment are to be barred from the reception
of orders. An impediment may be simple; or it may be perpetual, in which case
it is called an irregularity. No impediment is contracted which is not contained
in the following canons.
Can. 1041 The following persons are irregular for the reception of orders:
1° one who suffers from any form of insanity, or from any other psychological
infirmity, because of which he is, after experts have been consulted, judged
incapable of being able to fulfil the ministry;
2° one who has committed the offence of apostasy, heresy or schism;
3° one who has attempted marriage, even a civil marriage, either while
himself prevented from entering marriage whether by an existing marriage bond
or by a sacred order or by a public and perpetual vow of chastity, or with a
woman who is validly married or is obliged by the same vow;
4° one who has committed wilful homicide, or one who has actually procured
an abortion, and all who have positively cooperated;
5° one who has gravely and maliciously mutilated himself or another, or
who has attempted suicide;
6° one who has carried out an act of order which is reserved to those in
the order of the episcopate or priesthood, while himself either not possessing
that order or being barred from its exercise by some canonical penalty, declared
or imposed.
Can. 1042 The following are simply impeded from receiving orders:
1° a man who has a wife, unless he is lawfully destined for the permanent
diaconate;
2° one who exercises an office or administration forbidden to clerics,
in accordance with Cann. 285 and 286, of which he must render an account; the
impediment binds until such time as, having relinquished the office and administration
and rendered the account, he has been freed;
3° a neophyte, unless, in the judgement of the Ordinary, he has been sufficiently
tested.
Can. 1043 Christ’s faithful are bound to reveal, before ordination, to
the Ordinary or to the parish priest, such impediments to sacred orders as they
may know about.
Can. 1044 §1 The following are irregular for the exercise of orders already
received:
1° one who, while bound by an irregularity for the reception of orders,
unlawfully received orders;
2° one who committed the offence mentioned in can. 1041, n. 2, if the offence
is public
3° one who committed any of the offences mentioned in can. 1041, nn. 3,
4,5,6.
§2 The following are impeded from the exercise of orders:
1° one who, while bound by an impediment to the reception of orders, unlawfully
received orders;
2° one who suffers from insanity or from some other psychological infirmity
mentioned in can. 1041, n. 1, until such time as the Ordinary, having consulted
an expert, has allowed the exercise of the order in question.
Can. 1045 Ignorance of irregularities and impediments does not exempt from
them.
Can. 1046 Irregularities and impediments are multiplied if they arise from
different causes, not however from the repetition of the same cause, unless
it is a question of the irregularity arising from the commission of wilful homicide
or from having actually procured an abortion.
Can. 1047 §1 If the fact on which they are based has been brought to the
judicial forum, dispensation from all irregularities is reserved to the Apostolic
See alone.
§2 Dispensation from the following irregularities and impediments to the
reception of orders is also reserved to the Apostolic See:
1° irregularities arising from the offences mentioned in can. 1041, nn.
2 and 3, if they are public;
2° an irregularity arising from the offence, whether public or occult,
mentioned in can. 1041, n. 4;
3° the impediment mentioned in can. 1042, n. 1.
§3 To the Apostolic See is also reserved the dispensation from the irregularities
for the exercise of an order received mentioned in can. 1041, n.3 but only in
public cases, and in n. 4 of the same canon even in occult cases.
§4 The Ordinary can dispense from irregularities and impediments not reserved
to the Holy See.
Can. 1048 In the more urgent occult cases, if the Ordinary or, in the case
of the irregularities mentioned in can. 1041, nn. 3 and 4, the Penitentiary
cannot be approached, and if there is imminent danger of serious harm or loss
of reputation, the person who is irregular for the exercise of an order may
exercise it. There remains, however, the obligation of his having recourse as
soon as possible to the Ordinary or the Penitentiary, without revealing his
name, and through a confessor.
Can. 1049 §1 In a petition to obtain a dispensation from irregularities
or impediments, all irregularities and impediments are to be mentioned. However,
a general dispensation is valid also for those omitted in good faith, with the
exception of the irregularities mentioned in can. 1041, n. 4, or of others which
have been brought to the judicial forum; it is not, however, valid for those
concealed in bad faith.
§2 If it is question of an irregularity arising from wilful homicide or
from a procured abortion, for the validity of the dispensation even the number
of offences must be stated.
§3 A general dispensation from irregularities and impediments to the reception
of orders is valid for all orders.
ARTICLE 4: DOCUMENTS REQUIRED AND THE INVESTIGATION
Can. 1050 For a person to be promoted to sacred orders, the following documents
are required:
1° a certificate of studies duly completed in accordance with can. 1032;
2" for those to be ordained to the priesthood, a certificate of the reception
of the diaconate
3° for those to be promoted to the diaconate, certificates of the reception
of baptism, of confirmation and of the ministries mentioned in can. 1035, and
a certificate that the declaration mentioned in can. 1036 has been made, if
an ordinand to be promoted to the permanent diaconate is married, a certificate
of his marriage and testimony of his wife’s consent.
Can. 1051 In the investigation of the requisite qualities of one who is to
be ordained, the following provisions are to be observed:
1° there is to be a certificate from the rector of the seminary or of the
house of formation, concerning the qualities required in the candidate for the
reception of the order, namely sound doctrine, genuine piety, good moral behaviour,
fitness for the exercise of the ministry, likewise, after proper investigation,
a certificate of the candidate’s state of physical and psychological health;
2° the diocesan Bishop or the major Superior may, in order properly to
complete the investigation, use other means which, taking into account the circumstances
of time and place, may seem useful, such as testimonial letters, public notices
or other sources of information.
Can. 1052 §1 For a Bishop to proceed to an ordination which he is to confer
by his own right, he must be satisfied that the documents mentioned in can.
1050 are at hand and that, as a result of the investigations prescribed by law,
the suitability of the candidate has been positively established.
§2 For a Bishop to proceed to the ordination of someone not his own subject,
it is sufficient that the dimissorial letters state that those documents are
at hand, that the investigation has been conducted in accordance with the law,
and that the candidate’s suitability has been established. If the ordinand
is a member of a religious institute or a society of apostolic life, these letters
must also testify that he has been definitively enrolled in the institute or
society and that he is a subject of the Superior who gives the letters.
§3 If, not withstanding all this, the Bishop has definite reasons for
doubting that the candidate is suitable to receive orders, he is not to promote
him.
Can. 1053 §1 After an ordination, the names of the individuals ordained,
the name of the ordaining minister, and the place and date of ordination are
to be entered in a special register which is to be carefully kept in the curia
of the place of ordination. All the documents of each ordination are to be accurately
preserved.
§2 The ordaining Bishop is to give to each person ordained an authentic
certificate of the ordination received. Those who, with dimissorial letters,
have been promoted by a Bishop other than their own, are to submit the certificate
to their proper Ordinary for the registration of the ordination in a special
register, to be kept in the archive.
Can. 1054 The local Ordinary, if it concerns the secular clergy, or the competent
major Superior, if it concerns his subjects, is to send a notification of each
ordination to the parish priest of the place of baptism. The parish priest is
to record the ordination in the baptismal register in accordance with can. 535
§2.
Can. 1055 §1 The marriage covenant, by which a man and a woman establish
between themselves a partnership of their whole life, and which of its own very
nature is ordered to the well being of the spouses and to the procreation and
upbringing of children, has, between the baptised, been raised by Christ the
Lord to the dignity of a sacrament.
§2 Consequently, a valid marriage contract cannot exist between baptised
persons without its being by that very fact a sacrament.
Can. 1056 The essential properties of marriage are unity and indissolubility;
in christian marriage they acquire a distinctive firmness by reason of the sacrament.
Can. 1057 §1 A marriage is brought into being by the lawfully manifested
consent of persons who are legally capable. This consent cannot be supplied
by any human power.
§2 Matrimonial consent is an act of will by which a man and a woman by
an irrevocable covenant mutually give and accept one another for the purpose
of establishing a marriage.
Can. 1058 All can contract marriage who are not prohibited by law.
Can. 1059 The marriage of catholics, even if only one party is baptised, is
governed not only by divine law but also by canon law, without prejudice to
the competence of the civil authority in respect of the merely civil effects
of the marriage.
Can. 1060 Marriage enjoys the favour of law. Consequently, in doubt the validity
of a marriage must be upheld until the contrary is proven.
Can. 1061 §1 A valid marriage between baptised persons is said to be merely
ratified, if it is not consummated; ratified and consummated, if the spouses
have in a human manner engaged together in a conjugal act in itself apt for
the generation of offspring. To this act marriage is by its nature ordered and
by it the spouses become one flesh.
§2 If the spouses have lived together after the celebration of their marriage,
consummation is presumed until the contrary is proven.
§3 An invalid marriage is said to be putative if it has been celebrated
in good faith by at least one party. It ceases to be such when both parties
become certain of its nullity.
Can. 1062 §1 A promise of marriage, whether unilateral or bilateral, called
an engagement, is governed by the particular law which the Episcopal Conference
has enacted, after consideration of such customs and civil laws as may exist.
§2 No right of action to request the celebration of marriage arises from
a promise of marriage, but there does arise an action for such reparation of
damages as may be due.
Can. 1063 Pastors of souls are obliged to ensure that their own church community
provides for Christ’s faithful the assistance by which the married state
is preserved in its christian character and develops in perfection. This assistance
is to be given principally:
1° by preaching, by catechetical instruction adapted to children, young
people and adults, indeed by the use of the means of social communication, so
that Christ’s faithful are instructed in the meaning of christian marriage
and in the role of christian spouses and parents;
2° by personal preparation for entering marriage, so that the spouses are
disposed to the holiness and the obligations of their new state;
3° by the fruitful celebration of the marriage liturgy, so that it clearly
emerges that the spouses manifest, and participate in, the mystery of the unity
and fruitful love between Christ and the Church;
4° by the help given to those who have entered marriage, so that by faithfully
observing and protecting their conjugal covenant, they may day by day achieve
a holier and a fuller family life.
Can. 1064 It is the responsibility of the local Ordinary to ensure that this
assistance is duly organised. If it is considered opportune, he should consult
with men and women of proven experience and expertise.
Can. 1065 §1 Catholics who have not yet received the sacrament of confirmation
are to receive it before being admitted to marriage, if this can be done without
grave inconvenience.
§2 So that the sacrament of marriage may be fruitfully received, spouses
are earnestly recommended that they approach the sacraments of penance and the
blessed Eucharist.
Can. 1066 Before a marriage takes place, it must be established that nothing
stands in the way of its valid and lawful celebration.
Can. 1067 The Episcopal Conference is to lay down norms concerning the questions
to be asked of the parties, the publication of marriage banns, and the other
appropriate means of enquiry to be carried out before marriage. Only when he
has carefully observed these norms may the parish priest assist at a marriage.
Can. 1068 In danger of death, if other proofs are not available, it suffices,
unless there are contrary indications, to have the assertion of the parties,
sworn if need be, that they are baptised and free of any impediment.
Can. 1069 Before the celebration of a marriage, all the faithful are bound
to reveal to the parish priest or the local Ordinary such impediments as they
may know about.
Can. 1070 If someone other than the parish priest whose function it is to assist
at the marriage has made the investigations, he is by an authentic document
to inform that parish priest of the outcome of these enquiries as soon as possible.
Can. 1071 §1 Except in a case of necessity, no one is to assist without
the permission of the local Ordinary at:
1° a marriage of vagi;
2° a marriage which cannot be recognised by the civil law or celebrated
in accordance with it;
3° a marriage of a person for whom a previous union has created natural
obligations towards a third party or towards children;
4° a marriage of a person who has notoriously rejected the catholic faith;
5° a marriage of a person who is under censure;
6° a marriage of a minor whose parents are either unaware of it or are
reasonably opposed to it;
7° a marriage to be entered by proxy, as mentioned in can. 1105.
§2 The local Ordinary is not to give permission to assist at the marriage
of a person who has notoriously rejected the Catholic faith unless, with the
appropriate adjustments, the norms of can. 1125 have been observed.
Can. 1072 Pastors of souls are to see to it that they dissuade young people
from entering marriage before the age customarily accepted in the region.
Can. 1073 A diriment impediment renders a person incapable of validly contracting
a marriage.
Can. 1074 An impediment is said to be public, when it can be proved in the
external forum; otherwise, it is occult.
Can. 1075 §1 Only the supreme authority in the Church can authentically
declare when the divine law prohibits or invalidates a marriage.
§2 Only the same supreme authority has the right to establish other impediments
for those who are baptised.
Can. 1076 A custom which introduces a new impediment, or is contrary to existing
impediments, is to be reprobated.
Can. 1077 §1 The local Ordinary can in a specific case forbid a marriage
of his own subjects, wherever they are residing, or of any person actually present
in his territory; he can do this only for a time, for a grave reason and while
that reason persists.
§2 Only the supreme authority in the Church can attach an invalidating
clause to a prohibition.
Can. 1078 §1 The local Ordinary can dispense his own subjects wherever
they are residing, and all who are actually present in his territory, from all
impediments of ecclesiastical law, except for those whose dispensation is reserved
to the Apostolic See.
§2 The impediments whose dispensation is reserved to the Apostolic See
are:
1° the impediment arising from sacred orders or from a public perpetual
vow of chastity in a religious institute of pontifical right
2° the impediment of crime mentioned in can. 1090.
§3 A dispensation is never given from the impediment of consanguinity
in the direct line or in the second degree of the collateral line.
Can. 1079 §1 When danger of death threatens, the local Ordinary can dispense
his own subjects, wherever they are residing, and all who are actually present
in his territory, both from the form to be observed in the celebration of marriage,
and from each and every impediment of ecclesiastical law, whether public or
occult, with the exception of the impediment arising from the sacred order of
priesthood.
§2 In the same circumstances mentioned in §1, but only for cases
in which not even the local Ordinary can be approached, the same faculty of
dispensation is possessed by the parish priest, by a properly delegated sacred
minister, and by the priest or deacon who assists at the marriage in accordance
with can. 1116 §2.
§3 In danger of death, the confessor has the power to dispense from occult
impediments for the internal forum, whether within the act of sacramental confession
or outside it.
§4 In the case mentioned in §2, the local Ordinary is considered
unable to be approached if he can be reached only by telegram or by telephone.
Can. 1080 §1 Whenever an impediment is discovered after everything has
already been prepared for a wedding and the marriage cannot without probable
danger of grave harm be postponed until a dispensation is obtained from the
competent authority, the power to dispense from all impediments, except those
mentioned in can. 1078 §2, n. 1, is possessed by the local Ordinary and,
provided the case is occult, by all those mentioned in can. 1079 §§2
3, the conditions prescribed therein having been observed.
§2 This power applies also to the validation of a marriage when there
is the same danger in delay and there is no time to have recourse to the Apostolic
See or, in the case of impediments from which he can dispense, to the local
Ordinary.
Can. 1081 The parish priest or the priest or deacon mentioned in can. 1079
§2, should inform the local Ordinary immediately of a dispensation granted
for the external forum, and this dispensation is to be recorded in the marriage
register.
Can. 1082 Unless a rescript of the Penitentiary provides otherwise, a dispensation
from an occult impediment granted in the internal nonsacramental forum, is to
be recorded in the book to be kept in the secret archive of the curia. No other
dispensation for the external forum is necessary if at a later stage the occult
impediment becomes public.
Can. 1083 §1 A man cannot validly enter marriage before the completion
of his sixteenth year of age, nor a woman before the completion of her fourteenth
year.
§2 The Episcopal Conference may establish a higher age for the lawful
celebration of marriage.
Can. 1084 §1 Antecedent and perpetual impotence to have sexual intercourse,
whether on the part of the man or on that of the woman, whether absolute or
relative, by its very nature invalidates marriage.
§2 If the impediment of impotence is doubtful, whether the doubt be one
of law or one of fact, the marriage is not to be prevented nor, while the doubt
persists, is it to be declared null.
§3 Without prejudice to the provisions of can. 1098, sterility neither
forbids nor invalidates a marriage.
Can. 1085 §1 A person bound by the bond of a previous marriage, even if
not consummated, invalidly attempts marriage.
§2 Even though the previous marriage is invalid or for any reason dissolved,
it is not thereby lawful to contract another marriage before the nullity or
the dissolution of the previous one has been established lawfully and with certainty.
Can. 1086 §1 A marriage is invalid when one of the two persons was baptised
in the catholic Church or received into it and has not by a formal act defected
from it, and the other was not baptised.
§2 This impediment is not to be dispensed unless the conditions mentioned
in Cann. 1125 and 1126 have been fulfilled.
§3 If at the time the marriage was contracted one party was commonly understood
to be baptised, or if his or her baptism was doubtful, the validity of the marriage
is to be presumed in accordance with can. 1060, until it is established with
certainty that one party was baptised and the other was not.
Can. 1087 Those who are in sacred orders invalidly attempt marriage.
Can. 1088 Those who are bound by a public perpetual vow of chastity in a religious
institute invalidly attempt marriage.
Can. 1089 No marriage can exist between a man and a woman who has been abducted,
or at least detained, with a view to contracting a marriage with her, unless
the woman, after she has been separated from her abductor and established in
a safe and free place, chooses marriage of her own accord.
Can. 1090 §1 One who, with a view to entering marriage with a particular
person, has killed that person’s spouse, or his or her own spouse, invalidly
attempts this marriage.
§2 They also invalidly attempt marriage with each other who, by mutual
physical or moral action, brought about the death of either’s spouse.
Can. 1091 §1 Marriage is invalid between those related by consanguinity
in all degrees of the direct line, whether ascending or descending, legitimate
or natural.
§2 In the collateral line, it is invalid up to the fourth degree inclusive.
§3 The impediment of consanguinity is not multiplied.
§4 A marriage is never to be permitted if a doubt exists as to whether
the parties are related by consanguinity in any degree of the direct line, or
in the second degree of the collateral line.
Can. 1092 Affinity in any degree of the direct line invalidates marriage.
Can. 1093 The impediment of public propriety arises when a couple live together
after an invalid marriage, or from a notorious or public concubinage. It invalidates
marriage in the first degree of the direct line between the man and those related
by consanguinity to the woman, and vice versa.
Can. 1094 Those who are legally related by reason of adoption cannot validly
marry each other if their relationship is in the direct line or in the second
degree of the collateral line.
Can. 1095 The following are incapable of contracting marriage:
1° those who lack sufficient use of reason;
2° those who suffer from a grave lack of discretionary judgement concerning
the essential matrimonial rights and obligations to be mutually given and accepted;
3° those who, because of causes of a psychological nature, are unable to
assume the essential obligations of marriage.
Can. 1096 §1 For matrimonial consent to exist, it is necessary that the
contracting parties be at least not ignorant of the fact that marriage is a
permanent partnership between a man and a woman, ordered to the procreation
of children through some form of sexual cooperation.
§2 This ignorance is not presumed after puberty.
Can. 1097 §1 Error about a person renders a marriage invalid.
§2 Error about a quality of the person, even though it be the reason for
the contract, does not render a marriage invalid unless this quality is directly
and principally intended.
Can. 1098 A person contracts invalidly who enters marriage inveigled by deceit,
perpetrated in order to secure consent, concerning some quality of the other
party, which of its very nature can seriously disrupt the partnership of conjugal
life.
Can. 1099 Provided it does not determine the will, error concerning the unity
or the indissolubility or the sacramental dignity of marriage does not vitiate
matrimonial consent.
Can. 1100 Knowledge of or opinion about the nullity of a marriage does not
necessarily exclude matrimonial consent.
Can. 1101 §1 The internal consent of the mind is presumed to conform to
the words or the signs used in the celebration of a marriage.
§2 If, however, either or both of the parties should by a positive act
of will exclude marriage itself or any essential element of marriage or any
essential property, such party contracts invalidly.
Can. 1102 §1 Marriage cannot be validly contracted subject to a condition
concerning the future.
§2 Marriage entered into subject to a condition concerning the past or
the present is valid or not, according as whatever is the basis of the condition
exists or not.
§3 However, a condition as mentioned in §2 may not lawfully be attached
except with the written permission of the local Ordinary.
Can. 1103 A marriage is invalid which was entered into by reason of force or
of grave fear imposed from outside, even if not purposely, from which the person
has no escape other than by choosing marriage.
Can. 1104 §1 To contract marriage validly it is necessary that the contracting
parties be present together, either personally or by proxy
§2 The spouses are to express their matrimonial consent in words; if,
however, they cannot speak, then by equivalent signs.
Can. 1105 §1 For a marriage by proxy to be valid, it is required:
1° that there be a special mandate to contract with a specific person;
2° that the proxy be designated by the mandator and personally discharge
this function;
§2 For the mandate to be valid, it is to be signed by the mandator, and
also by the parish priest or local Ordinary of the place in which the mandate
is given or by a priest delegated by either of them or by at least two witnesses,
or it is to be drawn up in a document which is authentic according to the civil
law.
§3 If the mandator cannot write, this is to be recorded in the mandate
and another witness added who is also to sign the document; otherwise, the mandate
is invalid.
§4 If the mandator revokes the mandate, or becomes insane, before the
proxy contracts in his or her name, the marriage is invalid, even though the
proxy or the other contracting party is unaware of the fact.
Can. 1106 Marriage can be contracted through an interpreter, but the parish
priest may not assist at such a marriage unless he is certain of the trustworthiness
of the interpreter.
Can. 1107 Even if a marriage has been entered into invalidly by reason of an
impediment or defect of form, the consent given is presumed to persist until
its withdrawal has been established.
Can. 1108 §1 Only those marriages are valid which are contracted in the presence of the local Ordinary or parish priest or of the priest or deacon delegated by either of them, who, in the presence of two witnesses, assists, in accordance however with the rules set out in the following canons, and without