CHAPTER III : RESCRIPTS
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.
CHAPTER IV : PRIVILEGES
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.
CHAPTER V : DISPENSATIONS
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.
TITLE V: STATUTES AND ORDINANCES
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.
TITLE VI: PHYSICAL AND JURIDICAL PERSONS
CHAPTER I : THE CANONICAL STATUS OF PHYSICAL PERSONS
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.
CHAPTER II : JURIDICAL PERSONS
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.
TITLE VII: JURIDICAL ACTS
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.
TITLE VIII: POWER OF GOVERNANCE
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.
IX: ECCLESIASTICAL OFFICES
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.
CHAPTER I : THE PROVISION OF ECCLESIASTICAL OFFICE
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.
CHAPTER II : LOSS OF ECCLESIASTICAL 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.
X: PRESCRIPTION
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.
XI: THE RECKONING OF TIME
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. |
CAPUT II
DE DECRETIS ET PRAECEPTIS SINGULARIBUS
Can. 48 - Decretum singulare intellegitur actus administrativus
a competenti auctoritate exsecutiva editus, quo secundum iuris normas
pro casu particulari datur decisio aut fit provisio, quae natura sua petitionem
ab aliquo factam non supponunt.
Can. 49 - Praeceptum singulare est decretum quo personae aut personis
determinatis aliquid faciendum aut omittendum directe et legitime imponitur,
praesertim ad legis observantiam urgendam.
Can. 50 - Antequam decretum singulare ferat, auctoritas necessarias
notitias et probationes exquirat, atque, quantum fieri potest, eos audiat
quorum iura laedi possint.
Can. 51 - Decretum scripto feratur expressis, saltem summarie,
si agaturde decisione, motivis.
Can. 52 - Decretum singulare vim habet tantum quoad res de quibus
datum est; eas vero ubique obligat, nisi aliud constet.
Can. 53 - Si decreta inter se sint contraria, peculiare, in iis
quae peculariter exprimuntur, praevalet generali; si aeque sint pecularia
aut generalia, posterius tempore obrogat priori, quatenus ei contrarium
est.
Can. 54 - § 1. Decretum singulare, cuius applicatio committitur
exsecutori, effectum habet a momento exsecutionis; secus a momento quo
personae auctoritate ipsius decernentis intimatur.
§ 2. Decretum singulare, ut urgeri possit, legitimo documento ad normam
iuris intimandum est.
Can. 55 - Firmo praescripto Cann. 37 et 51 cum gravissima ratio
obstet ne scriptus decreti textus tradatur, decretum intimatum habetur
si ei, cui destinatur, coram notario vel duobus testibus legatur, actis
redactis, ab omnibus praesentibus subscribendis.
Can. 56 - Decretum pro intimato habetur, si is cui destinatur,
rite vocatus ad decretum accipiendum vel audiendum, sine iusta causa non
comparuerit vel subscribere recusaverit.
Can. 57 - § 1. Quoties lex iubeat decretum ferri vel ab eo, cuius
interest, petitio vel recursus ad decretum obtinendum legitime proponatur,
auctoritas competens intra tres menses a recepta petitione vel recursu
provideat, nisi alius terminus lege praescribatur.
§ 2. Hoc termino transacto, si decretum nondum datum fuerit, responsum
praesumitur negativum, ad propositionem ulterioris recursus quod attinet.
§ 3. Responsum negativum praesumptum non eximit competentem auctoritatem
ab obligatione decretum ferendi, immo et damnum forte illatum, ad normam
Can. 128, reparandi.
Can. 58 - § 1. Decretum singulare vim habere desinit legitima revocatione
ab auctoritate competendi facta necnon cessante lege ad cuius exsecutionem
datum est.
§ 2. Praeceptum singulare, legitimo documento non impositum, cessat resoluto
iure praecipientis.
CAPUT III
DE RESCRIPTIS
Can. 59 - § 1. Rescriptum intellegitur actus administrativus a
competenti auctoritate exsecutiva in scriptis elicitus, quo suapte natura,
ad petitionem alicuius, conceditur privilegium, dispensatio aliave gratia.
§ 2. Quae de rescriptis statuuntur praescripta, etiam de licentiae concessione
necnon de concessionibus gratiarum vivae vocis oraculo valent, nisi aliud
constet.
Can. 60 - Rescriptum quodlibet impetrari potest ab omnibus qui
expresse non prohibentur.
Can. 61 - Nisi aliud constet, rescriptum impetari potest pro alio,
etiam praeter eius assensum, et valet ante eiusdem acceptationem, salvis
clausulis contrariis.
Can. 62 - Rescriptum in quo nullus datur exsecutor, effectum habet
a momento quo datae sunt litterae; cetera, a momento exsecutionis.
Can. 63 - § 1. Validitati rescripti obstat subreptio seu reticentia
veri, si in precibus expressa non fuerint quae secundum legem, stilum
et praxim canonicam ad validitatem sunt experimenda, nisi agatur de rescripto
gratiae, quod "Motu proprio" darum sit.
§ 2. Item validitati rescripti obstat obreptio seu exposito falsi, sine
una quidem causa motiva proposita sit vera.
§ 3. Causa motiva in rescriptis quorum nullus est exsecutor, vera sit
oportet tempore quo rescriptum datum est; in ceteris, tempore exsecutionis.
Can. 64 - Salvo iure Paenitentiariae pro foro interno, gratia a
quovis dicasterio Romanae Curiae denegata, valide ab alio eiusdem Curiae
dicasterio aliave competenti auctoritate infra Romanum Pontificem concedi
nequit, sine assensu dicasterii quocum agi coeptum est.
Can. 65 - § 1. Salvis praescriptis §§ 2 et 3, nemo gratiam a proprio
Ordinario denegatam ab alio Ordinario petat, nisi facta denegationis mentione;
Ordinarius gratiam ne concedat, nisi habitis a priore Ordinario denegationis
rationibus.
§ 2. Gratia a Vicario generali vel a Vicario episcopali denegata, ab alio
Vicario eiusdem Episcopi, etiam habitis a Vicario denegante denegationis
rationibus, valide concedi nequit.
§ 3. Gratia a Vicario generali vel a Vicario episcopali denegata et postea,
nulla facta huius denegationis mentione, ab Episcopo dioecesano impetrata,
invalida est; gratia autem ab Episcopo dioecesano denegata nequit valide,
etiam facta denegationis mentione, ab eius Vicario generali vel Vicario
episcopali, non consentiente Episcopo, impetrari.
Can. 66 - Rescriptum non fit irritum ob errorem in nomine personae
cui datur vel a qua editur, aut loci in quo ipsa residet, aut rei dequa
agitur, dummodo iudicio Ordinarii nulla sit de ipsa persona vel de re
dubiatio.
Can. 67 - § 1. Si contingat ut de una eademque re duo rescripta
inter se contraria impetrentur, peculiare, in iis quae peculiariter exprimuntur,
praevalet generali.
§ 2. Si sint aeque peculiaria aut generalia, prius tempore praevalet posteriori,
nisi in altero fiat mentio expressa de priore, aut nisi prior impetrator
dolo vel notabili neglegentia sua rescripto usus non fuerit.
§ 3. In dubio num rescriptum irritum sit necne, recurratur ad rescribentem.
Can. 68 - Rescriptum Sedis Apostolicae in quo nullus datur exsecutor,
tunc tantum debet Ordinario impetrantis praesentari, cum id in iisdem
litteris praecipitur, aut de rebus agitur publicis, aut comprobari condiciones
oportet.
Can. 69 - Rescriptum, cuius praesentationi nullum est definitum
tempus, potest exsecutori exhiberi quovis tempore, modo absit fraus et
dolus.
Can. 70 - Si in rescripto ipsa concessio exsecutori committatur,
ipsius est pro suo prudenti arbitrio et conscientia gratiam concedere
vel denegare.
Can. 71 - Nemo uti tenetur rescripto in sui dumtaxat favorem concesso,
nisi aliunde obligatione canonica ad hoc teneatur.
Can. 72 - Rescripta ab Apostolica Sede concessa, quae exspiraverint,
ab Episcopo dioecesano iusta de causa semel prorogari possunt, non tamen
ultra tres menses.
Can. 73 - Per legem contrariam nulla rescripta revocantur, nisi
aliud in ipsa lege caveatur.
Can. 74 - Quamvis gratia oretenus sibi concessa quis in foro interno
uti possit, tenentur illam pro foro externo probare, quoties id legitime
ab eo petatur.
Can. 75 - Si rescriptum contineat privilegium vel dispensationem,
serventur insuper praescripta canonum qui sequuntur.
CAPUT IV
DE PRIVILEGIIS
Can. 76 - § 1. Privilegium, seu gratia in favorem certarum personarum
sive physicarum sive iuridicarum per peculiarem actum facta, concedi potest
a legislatore necnon ab auctoritate exsecutiva cui legislator hanc potestatem
concesserit.
§ 2. Possessio centenaria vel immemorabilis praesumptionem inducit concessi
privilegii.
Can. 77 - Privilegium interpretandum est ad normam Can. 36, § 1;
sed ea semper adhibenda est interpretatio, qua privilegio aucti aliquam
revera gratiam consequantur.
Can. 78 - § 1. Privilegium praesumitur perpetuum, nisi contrarium
probetur.
§ 2. Privilegium personale, quod scilicet personam sequitur, cum ipsa
extinguitur.
§ 3. Privilegium reale cessat per absolutum rei vel loci interitum; privilegium
vero locale, si locus intra quinquaginta annos restituatur, reviviscit.
Can. 79 - Privilegium cessat per revocationem competentis auctoritatis
ad normam Can. 47, firmo praescripto Can. 81.
Can. 80 - § 1. Nullum privilegium per renuntiationem cessat, nisi
haec a competendi auctoritate fuerit accepta.
§ 2. Privilegio in sui dumtaxat favorem concesso quaevis persona physica
renuntiare potest.
§ 3. Privilegio concesso alicui personae iuridicae, aut ratione dignitatis
loci vel rei, singulae personae renuntiare nequeunt; nec ipsi personae
iuridicae integrum est privilegio sibi concesso renuntiare, si renuntiatio
cedat in Ecclesiae praeiudicium.
Can. 81 - Resoluto iure concedentis, privilegium non extinguitur,
nisi datum fuerit cum clausula "ad beneplacitum nostrum" vel alia aequipollenti.
Can. 82 - Per non usum vel per usum contrarium privilegium aliis
haud onerosum non cessat; quod vero in aliorum gravamen cedit, amittitur,
si accedat legitima praescriptio.
Can. 83 - § 1. Cessat privilegium elapso tempore vel expleto numero
casuum pro quibus concessum fuit, firmo praescripto Can. 142, § 2.
§ 2. Cessat quoque, si temporis progressu rerum adiuncta ita iudicio auctoritatis
competentis immutata sint, ut noxium evaserit aut eius usus illicitus
fiat.
Can. 84 - Qui abutitur potestate sibi ex privilegio data, privilegio
ipso privari meretur; quare, Ordinarius, frustra monito privilegiario,
graviter abutentem privet privilegio quod ipse concessit; quod si privilegium
concessum fuerit ab Apostolica Sede, eandem Ordinarius certiorem facere
tenetur.
CAPUT V
DE DISPENSATIONIBUS
Can. 85 - Dispensatio, seu legis mere ecclesiasticae in casu particulari
relaxatio, concedi potest ab iis qui potestate gaudent exsecutiva intra
limites suae competentiae, necnon ab illis quibus potestas dispensandi
explicite vel implicite competit sive ipso iure sive vi legitimae delegationis.
Can. 86 - Dispensationi obnoxiae non sunt leges quatenus ea definiunt,
quae institutorum aut actuum iuridicorum essentialiter sunt constitutiva.
Can. 87 - § 1. Episcopus dioecesanus fideles, quoties id ad eorundem
spirituale bonum conferre iudicet, dispensare valet in legibus disciplinaribus
tam universalibus quam particularibus pro suo territorio vel suis subditis
a suprema Ecclesiae auctoritate latis, non tamen in legibus processualibus
aut poenalibus, nec in iis quarum dispensatio Apostolicae Sedis aliive
auctoritati specialiter reservatur.
§ 2. Si difficilis sit recursus ad Sanctam Sedem et simul in mora sit
periculum gravis damni, Ordinarius quicumque dispensare valet in iisdem
legibus, etiam si dispensatio reservatur Sanctae Sedi, dummodo agatur
de dispensatione quam ipsa in iisdem adiunctis concedere solet, firmo
praescripto Can. 291.
Can. 88 - Ordinarius loci in legibus dioecesanis atque, quoties
id ad fidelium bonum conferre iudicet, in legibus a Concilio plenario
vel provinciali aut ab Episcoporum conferentia latis dispensare valet.
Can. 89 - Parochus aliique presbyteri aut diaconi a lege universali
et particulari dispensare non valent, nisi haec potestas ipsis expresse
concessa sit.
Can. 90 - § 1. A lege ecclesiastica ne dispensetur sine iusta et
rationabili causa, habita ratione adiuctorum casus et gravitatis legis
a qua dispensatur; alias dispensatio illicita est, nisi ab ipso legislatore
eiusve superiore data sit, etiam invalida.
§ 2. Dispensatio in dubio de sufficientia causae valide et licite conceditur.
Can. 91 - Qui gaudet potestate dispensandi eam exercere valet,
etiam extra territorium exsistens, in subditos, licet a territorio absentes,
atque, nisi contrarium expresse statuatur, in peregrinos quoque in territorio
actu degentes, necnon erga seipsum.
Can. 92 - Strictae subest interpretationi non solum dispensatio
ad normam Can. 36, § 1, sed ipsamet potestas dispensandi ad certum casum
concessa.
Can. 93 - Dispensatio quae tractum habet successivum cessat iisdem
modis quibus privilegium, necnon certa ac totali cessatione causae motivae.
TITULUS V
DE STATUTIS ET ORDINIBUS
Can. 94 - § 1. Statuta, sensu proprio, sunt ordinationes quae
in universitatibus sive personarum sive rerum ad normam iuris conduntur,
et quibus definiuntur earundem finis, constitutio, regimen atque agendi
rationes.
§ 2. Statutis universitatis personarum obligantur solae personae quae
legitime eiusdem membra sunt; statutis rerum universitatis, iiqui eiusdem
moderamen curant.
§ 3. Quae statutorum praescripta vi potestatis legislativae condita et
promulgata sunt, reguntur praescriptis canonum de legibus.
Can. 95 - § 1. Ordines sunt regulae seu normae quae servari debent
in personarum conventibus, sive ab auctoritate ecclesiastica indictis
sive a christifidelibus libere convocatis, necnon aliis celebrationibus,
et quibus definiuntur quae ad constitutionem, moderamen et rerum agendarum
rationes pertinent.
§ 2. In conventibus celebrationibusve, ii regulis ordinis tenentur, qui
in iisdem partem habent.
TITULUS VI
DE PERSONIS PHYSICIS ET IURIDICIS
CAPUT I
DE PERSONARUM PHYSICARUM CONDICIONE CANONICA
Can. 96 - Baptismo homo Ecclesiae Christi incorporatur et in eadem
constituitur persona, cum officiis et iuribus quae christianis, attenta
quidem eorum condicione, sunt propria, quatenus in ecclesiastica sunt
communione et nisi obstet lata legitima sanctio.
Can. 97 - § 1. Persona quae duodevigesimum aetatis annum explevit,
maior est; infra hanc aetatem, minor.
§ 2. Minor, ante plenum septennium, dicitur infans et censetur non sui
compos, expleto autem septennio, usum rationis habere praesumitur.
Can. 98 - § 1. Persona maior plenum habet suorum iurium exercitium.
§ 2. Persona minor in exercitio suorum iurium potestati obnoxia manet
parentum vel tutorum, iis exceptis in quibus minores lege divina aut iure
canonico ab eorum potestate exempti sunt; ad constitutionem tutorum eorumque
potestatem quod attinet, serventur praescripta iuris civilis, nisi iure
canonico aliud caveatur, aut Episcopus dioecesanus in certibus casibus
iusta de causa per nominationem alius tutoris providendum aestimaverit.
Can. 99 - Quicumque usu rationis habitu caret, censetur non sui
compos et infantibus assimilatur.
Can. 100 - Persona dicitur: "incola," in loco ubi est eius domicilium;
"advena," in loco ubi quasi-domicilium habet; "peregrinus," si versetur
extra domicilium et quasi-domicilium quod adhuc retinet; "vagus," si nullibi
domicilium habeat vel quasi-domicilium.
Can. 101 - § 1. Locus originis filii, etiam neophyti, est ille
in quo cum filius natus est, domicilium, aut, eo deficiente, quasi-domicilium
habuerunt parentes vel, si parentes non habuerint idem domicilium vel
quasi-domicilium, mater.
§ 2. Si agatur de filio vagorum, locus originis est ipsemet nativitatis
locus; si de exposito, est locus in quo inventus est.
Can. 102 - § 1. Domicilium acquiritur ea in territorio alicuius
paroeciae aut saltem dioecesis commoratione, quae aut coniuncta sit cum
animo ibi perpetuo manendi si nihil inde avocet, aut ad quinquennium completum
sit protracta.
§ 2. Quasi-domicilium acquiritur ea commoratione in territorio alicuius
paroeciae aut saltem dioecesis, quae aut coniuncta sit cum animo ibi manendi
saltem per tres menses si nihil inde avocet, aut ad tres menses reapse
sit protracta.
§ 3. Domicilium vel quasi-domicilium in territorio paroeciae dicitur paroeciale;
in territorio dioecesis, etsi non in parochia, dioecesanum.
Can. 103 - Sodales institutorum religiosorum et societatum vitae
apostolicae domicilium acquirunt in loco ubi sita est domus cui adscribuntur;
quasi-domicilium in domo ubi, ad normam Can. 102, § 2, commorantur.
Can. 104 - Coniuges commune habeant domicilium vel quasi-domicilium;
legitime separationis ratione vel alia iusta de causa, uterque habere
potest proprium domicilium vel quasi-domicilium.
Can. 105 - § 1. Minor necessario retinet domicilium et quasi-domicilium
illius, cuius potestati subicitur. Infantia egressus potest etiam quasi-domicilium
proprium acquirere; atque legitime ad normam iuris civilis emancipatus,
etiam proprium domicilium.
§ 2. Quicumque alia ratione quam minoritate, in tutelam vel curatelam
legitime traditus est alterius, domicilium et quasi-domicilium habet tutoris
vel curatoris.
Can. 106 - Domicilium et quasi-domicilium amittitur discessione
a loco cum animo non revertendi, salvo praescripto Can. 105.
Can. 107 - § 1. Tum per domicilium tum per quasi-domicilium suum
quisque parochum et Ordinarium sortitur.
§ 2. Proprius vagi parochus vel Ordinarius est parochus vel Ordinarius
loci in quo vagus actu commoratur.
§ 3. Illius quoque qui non habet nisi domicilium vel quasi-domicilium
dioecesanum, parochus proprius est parochus loci in quo actu commoratur.
Can. 108 - § 1. Consanguinitas computatur per lineas et gradus.
§ 2. In linea recta tot sunt gradus quot generationes, seu quot personae,
stipite dempto.
§ 3. In linea obliqua tot sunt gradus quot personae in utraque simul linea,
stipite dempto.
Can. 109 - § 1. Affinitur oritur ex matrimonio valido, etsi non
consummato, atque viget inter virum et mulieris consanguineos, itemque
mulierem inter et viri consanguineos.
§ 2. Ita computantur ut qui sunt consanguinei viri, iidem in eadem linea
et gradu sint affines mulieris, et vice versa.
Can. 110 - Filii, qui ad normam legis civilis adoptati sint, habentur
ut filii eius vel eorum qui eos adoptaverint.
Can. 111 - § 1. Ecclesiae latinae per receptum baptismum adscribitur
filius parentum, qui ad eam pertineant vel, si alteruter ad eam nonpertineat,
ambo concordi voluntate optaverint ut proles in Ecclesia latina baptizaretur;
quodsi concors voluntas desit, Ecclesiae rituali ad quam pater petinet
adscribitur.
§ 2. Quilibet baptizandus qui partum decimum aetatis annum expleverit,
libere potest eligere ut in Ecclesia latina vel in alia Ecclesia rituali
sui iuris baptizetur; quo in casu, ipse ad eam Ecclesiam pertinet quam
elegerit.
Can. 112 - § 1. Post receptum baptismum, alii Ecclesiae ritualis
sui iuris adscribuntur:
1° qui licentiam ab Apostolica Sede obtinuerit;
2° coniux qui, in matrimonio ineundo vel eo durante, ad Ecclesiam ritualem
sui iuris alterius coniugis se transire declaraverit; matrimonio autem
soluto, libere potest ad latinam Ecclesiam redire;
3° filii eorum, de quibus in nn. 1 et 2, ante decimum quartum aetatis
annum completum itemque, in matrimonio mixto, filii partis catholicae
quae ad aliam Ecclesiam ritualem legitime transierit; adepta vero hac
aetate, iidem possunt ad latinam Ecclesiam redire.
§ 2. Mos, quamvis diuturnus, sacramenta secundum ritum alicuius Ecclesiae
ritualis sui iuris recipiendi, non secumfert adscriptionem eidem Ecclesiae.
CAPUT II
DE PERSONIS IURIDICIS
Can. 113 - § 1. Catholica Ecclesia et Apostolica Sedes, moralis
personae rationem habent ex ipsa ordinatione divina.
§ 2. Sunt etiam in Ecclesia, praeter personas physicas, personae iuridicae,
subiecta scilicet in iure canonico obligationum et iurium quae ipsarum
indoli congruunt.
Can. 114 - § 1. Personae iuridicae constituuntur aut ex ipso iuris
praescripto aut ex speciali competentis auctoritatis concessione per decretum
data, universitates sive personarum sive rerum in finem missioni Ecclesiae
congruentem, qui singulorum finem transcendit, ordinatae.
§ 2. Fines, de quibus in § 1, intelleguntur qui ad opera pietatis, apostolatus
vel caritatis sive spiritualis sive temporalis attinent.
§ 3. Auctoritas Ecclesiae competens personalitatem iuridicam ne conferat
nisi iis personarum aut rerum universitatibus, quae finem persequuntur
reapse utilem atque, omnibus perpensis, mediis gaudent quae sufficere
posse praevidentur ad finem praestitutum assequendum.
Can. 115 - § 1. Personae iuridicae in Ecclesia sunt aut universitates
personarum aut universitates rerum.
§ 2. Universitas personarum, quae quidem nonnisi ex tribus saltem personis
constitui potest, est collegialis, si eius actionem determinant membra,
in decisionibus ferendis concurrentia, sive aequali iure sive non, ad
normam iuris et statutorum; secus est non collegialis.
§ 3. Universitas rerum seu fundatio autonoma constat bonis seu rebus,
sive spiritualibus sive materialibus, eamque, ad normam iuris et statutorum,
moderantur sive una vel plures personae physicae sive collegium.
Can. 116 - § 1. Personae iuridicae publicae sunt universitates
personarum seu rerum, quae ab ecclesiastica auctoritate competenti constituuntur
ut intra fines sibi praestitutos nomine Ecclesiae, ad normam praescriptorum
iuris, munus proprium intuitu boni publici ipsis commissum expleant; ceterae
personae iuridicae sunt privatae.
§ 2. Personae iuridicae publicae hac personalitate donantur sive ipso
iure sive speciali competentis auctoritatis decreto eandem expresse concedenti;
personae iuridicae privatae hac personalitate donantur tantum per speciale
competentis auctoritatis decretum eandem personalitatem expresse concedens.
Can. 117 - Nulla personarum vel rerum universitas personalitatem
iuridicam obtinere intendens, eandem consequi valet nisi ipsius statuta
a competenti auctoritate sint probata.
Can. 118 - Personam iuridicam publicam repraesentant, eius nomine
agentes, ii quibus iure universali vel particulari aut propriis statutis
haec competentia agnoscitur; personam iuridicam privatam, ii quibus eadem
competentia per statuta tribuitur.
Can. 119 - Ad actus collegiales quod attinet, nisi iure vel statutis
aliud caveatur:
1° si agatur de electionibus, id vim habet iuris, quod, praesente quidem
maiore parte eorum qui convocari debent, placuerit parti absolute maiori
eorum qui sunt praesentes; post duo inefficacia scrutinia, suffragatio
fiat super duobus candidatis qui maiorem suffra giorumpartem obtinuerint,
vel, si sunt plures, super duobus aetate senioribus; post tertium scrutinium,
si paritas maneat, ille electus habeatur qui senior sit aetate;
2° si agatur de aliis negotiis, id vim habet iuris, quod, praesente quidem
maiore parte eorum qui convocari debent, placuerit parti absolute maiori
eorum qui sunt praesentes; quod si post duo scrutinia suffragia aequalia
fuerint, praeses suo voto paritatem dirimere potest;
3° quod autem omnes uti singulos tangit, ab omnibus approbari debet.
Can. 120 - § 1. Personae iuridica natura sua perpetua est; extinguitur
tamen si a competenti auctoritate legitime supprimantur aut per centum
annorum spatium agere desierit; persona iuridica privata insuper extinguitur,
si ipsa consociatio ad normam statutorum dissolvatur, aut si, de iudicio
auctoritatis competentis, ipsa fundatio ad normam statutorum esse desierit.
§ 2. Si vel unum ex personae iuridicae collegialis membris supersit, et
personarum universitas secundum statuta esse non desierit, exercitium
omnium iurium universitatis illi membro competit.
Can. 121 - Si universitates sive personarum sive rerum, quae sunt
personae iuridicae publicae, ita coniungantur ut ex iisdem una constituatur
universitas personalitae iuridica et ipsa pollens, nova haec persona iuridica
bona iuraque patrimonialia prioribus propria obtinet atque onera suscipit,
quibus eaedem gravabantur; ad destinationem autem praesertim bonorum et
ad onerum adimpletionem quod attinet, fundatorum oblatorumque voluntas
atque iura quaesita salva esse debent.
Can. 122 - Si universitas, quae gaudet personalitate iuridica publica,
ita dividatur ut aut illius pars alii personae iuridicae uniatur aut ex
parte dismembrata distincta persona iuridica publica erigatur, auctoritas
ecclesiastica, cui divisio competat, curare debet per se vel per exsecutorem,
servatis quidem in primis tum fundatorum ac oblatorum voluntate tum iuribus
quaesitis tum probatis statutis:
1° ut communia, quae dividi possunt, bona atque iura patrimonialia necnon
aes alienum aliaque onera dividantur inter personas iuridicas, de quibus
agitur, debita cum proportione ex aequo et bono, ratione habita omnium
adiunctorum et necessitatum utriusque;
2° ut usus et ususfructus communium bonorum, quae divisioni obnoxia non
sunt, utrique personae iuridicae cedant, oneraque iisdempropria utrique
imponantur, servata item debita proportione ex aequo et bono definienda.
Can. 123 - Extincta persona iuridica publica, destinatio eiusdem
bonorum iuriumque patrimonialium itemque onerum regitur iure et statutis,
quae, si sileant, obveniunt personae iuridicae immediate superiori, salvis
semper fundatorum vel oblatorum voluntate necnon iuribus quaesitis; extincta
persona iuridica privata, eiusdem bonorum et onerum destinatio statutis
regitur.
TITULUS VII
DE ACTIBUS IURIDICIS
Can. 124 - § 1. Ad validitatem actus iuridici requiritur ut a
persona habili sit positus, atque in eodem adsint quae actum ipsum essentialiter
constituunt, necnon sollemnia et requisita iure ad validitatem actus imposita.
§ 2. Actus iuridicus quoad sua elementa externa rite positus praesumitur
validus.
Can. 125 - § 1. Actus positus ex vi ab extrinseco personae illata,
cui ipsa nequaquam resistere potuit, pro infecto habetur. § 2. Actus positus
ex metu gravi, iniuste incusso, aut ex dolo, valet, nisi aliud iure caveatur;
sed potest per sententiam iudicis rescindi, sive ad instantiam partis
laesae eiusve in iure successorum sive ex officio.
Can. 126 - Actus positus ex ignorantia aut ex errore, qui versetur
circa id quod eius substantiam constituit, aut qui recidit in condicionem
sine qua non, irritus est; secus valet, nisi aliud iure caveatur, sed
actus ex ignorantia aut ex errore initus locum dare potest actioni rescissoriae
ad normam iuris.
Can. 127 - § 1. Cum iure statuatur ad actus ponendos Superiorem
indigere consensu aut consilio alicuius collegii vel personarum coetus,
convocari debet collegium vel coetus ad normam Can. 166, nisi, cum agatur
de consilio tantum exquirendo, aliter iure particulari aut proprio cautum
sit; ut autem actus valeant requiritur ut obtineatur consensus partis
absolute maioris eorum qui sunt praesentes aut omnium exquiratur consilium.
§ 2. Cum iure statuatur ad actus ponendos Superiorem indigere consensu
aut consilio aliquarum personarum, uti singularum:
1° si consensus exigatur, invalidus est actus Superioris consensum earum
personarum non exquirentis aut contra earum vel alicuius votum agentis;
2° si consilium exigatur, invalidus est actus Superioris easdem personas
non audientis; Superior, licet nulla obligatione teneatur accedendi ad
earundem votum, etsi concors, tamen sine praevalenti ratione, suo iudicio
aestimanda, ab earundem voto, praesertim concordi, ne discedat.
§ 3. Omnes quorum consensus aut consilium requiritur, obligatione tenentur
sententiam suam sincere proferendi atque, si negotiorum gravitas id postulate,
secretum sedulo servandi; quae quidem obligatio a Superiore urgeri potest.
Can. 128 - Quicunque illegitime actu iuridico, immo quovis alio
actu dolo vel culpa posito, alteri damnum infert, obligatione tenetur
damnum illatum reparandi.
TITULUS VIII
DE POTESTATE REGIMINIS
Can. 129 - § 1. Potestatis regiminis, quae quidem ex divina institutione
est in Ecclesia et etiam potestas iurisdictionis vocatur, ad normam praescriptorum
iuris, habilis sunt qui ordine sacro sunt insigniti.
§ 2. In exercitio eiusdem potestatis, christifideles laici ad normam iuris
cooperari possunt.
Can. 130 - Potestas regiminis de se exercetur pro foro externo,
quandoque tamen pro solo foro interno, ita quidem ut effectus quos eius
exercitium natum est habere pro foro externo, in hoc foro non recognoscantur,
nisi quatenus id determinatis pro casibus iure statuatur.
Can. 131 - § 1. Potestas regiminis ordinaria ea est, quae ipso
iure alicui officio adnectitur; delegata, quae ipsi personae non mediante
officio conceditur.
§ 2. Potestas regiminis ordinaria potest esse sive propria sive vicaria.
§ 3. Ei qui delegatum se asserit, onus probandae delegationis incumbit.
Can. 132 - § 1. Facultates habituales reguntur praescriptis de
potestate delegata.
§ 2. Attamen nisi in eius concessione aliud expresse caveatur aut electa
sit industria personae, facultas habitualis Ordinario concessa non perimitur
resoluto iure Ordinarii cui concessa est, etiamsi ipse eam exsequi coeperit,
sed transit ad quemvis Ordinarium qui ipsi in regimine succedit.
Can. 133 - § 1. Delegatus qui sive circa res sive circa personas
mandati sui fines excedit, nihil agit.
§ 2. Fines sui mandati excercere non intellegitur delegatus qui aliomodo
ac in mandato determinatur, ea peragit ad quae delegatus est, nisi modus
ab ipso delegante ad validitatem fuerit praescriptus.
Can. 134 - § 1. Nomine Ordinarii in iure intelleguntur, praeter
Romanum Pontificem, Episcopi dioecesani aliique qui, etsi ad interim tantum,
praepositi sunt alicui Ecclesiae particulari vel communitati eidem aequiparatae
ad normam Can. 368, necnon qui in iisdem generali gaudent potestate exsecutiva
ordinaria, nempe Vicarii generales et episcopales; itemque, pro suis sodalibus,
Superiores maiores clericalium institutorum religiosorum iuris pontificii
et clericalium societatum vitae apostolicae iuris pontificii, qui ordinaria
saltem potestate exsecutiva pollent.
§ 2. Nomine Ordinarii loci intelleguntur omnes qui in § 1 recensentur,
exceptis Superioribus institutorum religiosorum et societatum vitae apostolicae.
§ 3. Quae in canonibus nominatim Episcopo dioecesano, in ambitu potestatis
exsecutivae tribuuntur, intelleguntur competere dumtaxat Episcopo dioecesano
aliisque ipsi in Can. 381, § 2 aequiparatis, exclusis Vicario generali
et episcopali, nisi de speciali mandato.
Can. 135 - § 1. Potestas regiminis distinguitur in legislativam,
exsecutivam et iudicialem.
§ 2. Potestas legislativa exercenda est modo iure praescripto, et ea qua
in Ecclesia gaudet legislator infra auctoritatem supremam, valide delegari
nequit, nisi aliud iure explicite caveatur; a legislatore inferiore lex
iuri superiori contraria valide ferri nequit.
§ 3. Potestas iudicialis, qua gaudent iudices aut collegia iudicialia,
exercenda est modo iure praescripto, et delegari nequit, nisi ad actus
cuivis decreto aut sententia praeparatorios perficiendos.
§4. Ad potestatis exsecutivae exercitium quod attinet, serventur praescripta
canonum qui sequuntur.
Can. 136 - Potestatem exsecutivam aliquis, licet extra territorium
exsistens, exercere valet in subditos, etiam a territorio absentes, nisi
aliud ex rei natura aut ex iuris praescripto constet; in peregrinos in
territorio actu degentes, si agatur defavoribus concedendis aut de exsecutioni
mandandis sive legibus universalibus sive legibus particularibus, quibus
ipsi ad normam Can. 13, § 2, n. 2 tenentur.
Can. 137 - § 1. Potestas exsecutiva ordinaria delegari potest tum
ad actum tum ad universitatem casuum, nisi aliud iure expresse caveatur.
§ 2. Potestas exsecutiva ab Apostolica Sede delegata subdelegari potest
sive ad actum sive ad universitatem casuum, nisi electa fuerit industria
personae aut subdelegatio fuerit expresse prohibita.
§ 3. Potestas exsecutiva delegata ab alia auctoritate potestatem ordinariam
habente, si ad universitatem casuum delegata sit, in singulis tantum casibus
subdelegari potest; si vero ad actum aut ad actus determinatos delegata
sit, subdelegari nequit, nisi de expressa delegantis concessione.
§4. Nulla potestas subdelegata iterum subdelegari potest, nisi id expresse
a delegante concessum fuerit.
Can. 138 - Potestas exsecutiva ordinaria necnon potestas ad universitatem
casuum delegata, late interpretanda est, alia vero quaelibet stricte;
cui tamen delegata potestas est, ea quoque intelleguntur concessa sine
quibus eadem potestas exerceri nequit.
Can. 139 - § 1. Nisi aliud iure statuatur, eo quod quis aliquam
auctoritatem, etiam superiorem, competentem adeat, non suspenditur alius
auctoritatis competentis exsecutiva potestas, sive haec ordinaria est
sive delegata.
§ 2. Causae tamen ad superiorem auctoritatem delatae ne se immisceat inferior,
nisi ex gravi urgetique causa; quo in casu statim superiorem de re moneat.
Can. 140 - § 1. Pluribus in solidum ad idem negotium agendum delegatis,
qui prius negotium tractare inchoaverit alios ab eodem agendo excludit,
nisi postea impeditus fuerit aut in negotio peragendo ulterius procedere
noluerit.
§ 2. Pluribus collegialiter ad negotium agendum delegatis, omnes procedere
debent ad normam Can. 119, nisi in mandato aliud cautum sit.
§ 3. Potestas exsecutiva pluribus delegata, praesumitur iisdem delegata
in solidum.
Can. 141 - Pluribus successive delegatis, ille negotium expediat,
cuius mandatum anterius est, nec postea revocatum fuit.
Can. 142 - § 1. Potestas delegata extinguitur: expleto mandato;
elapso tempore vel exhausto numero casuum pro quibus concessa fuit; cessante
causa finali delegationis; revocatione delegantis delegato directe intimata
necnon renuntiatione delegati deleganti significata et eo acceptata; non
autem resoluto iure delegantis, nisi id ex appositis clausulis appareat.
§ 2. Actus tamen ex potestate delegat, quae exercetur pro solo foro interno,
per inadvertentiam positus, elapso concessionis tempore, validus est.
Can. 143 - § 1. Potestas ordinaria extinguitur amisso officio cui
adnectitur.
§ 2. Nisi aliud iure caveatur, suspenditur potestas ordinaria, si contra
privationem vel amotionem ab officio legitime appellatur vel recursus
interponitur.
Can. 144 - § 1. In errore communi de facto aut de iure, itemque
in dubio positivo et probabili sive iuris sive facti, supplet Ecclesia,
pro foro tam externo quam interno, potestatem regiminis exsecutivam.
§ 2. Eadem norma applicatur facultatibus de quibus in Cann. 882, 883,
966, et 1111, § 1.
TITULUS IX
DE OFFICIIS ECCLESIASTICIS
Can. 145 - § 1. Officium ecclesiasticum est quodlibet munus ordinatione
sive divina sive ecclesiastica stabiliter constitutum in finem spiritualem
exercendum.
§ 2. Obligationes et iura singulis officiis ecclesiasticis propria definiuntur
sive ipso iure quo officium constituitur, sive decreto auctoritatis competentis
quo constituitur simul et confertur.
CAPUT I
DE PROVISIONE OFFICII ECCLESIASTICI
Can. 146 - Officium ecclesiasticum sine provisione canonica valide
obtineri nequit.
Can. 147 - Provisio officii ecclesiastici fit: per liberam collationem
ab auctoritate ecclesiastica competenti; per institutionem ab eadem datam,
si praecesserit praesentatio; per confirmationem vel admissionem ab eadem
factam, si praecesserit electio vel postulatio; tandem per simplecem electionem
et electi acceptationem, si electio non egeat confirmatione.
Can. 148 - Auctoritati, cuius est officia erigere, innovare et
supprimere, eorundem provisio quoque competit, nisi aliud iure statuatur.
Can. 149 - § 1. Ut ad officum ecclesiasticum quis promoveatur,
debet esse in Ecclesiae communione necnon idoneus, scilicet iis qualitatibus
praeditus, quae iure universali vel particulari aut lege fundationis ad
idem officium requiritur.
§ 2. Provisio officii ecclesiastici facta illi qui caret qualitatibus
requisitis, irrita tantum est, si qualitates iure universali vel particulari
aut lege fundationis ad validitatem provisionis expresse exigantur; secus
valida est, sed rescindi potest per decretum auctoritatis competentis
aut per sententiam tribunalis administrativi.
§ 3. Provisio officii simoniace facta ipso iure irrita est.
Can. 150 - Officium secumferens plenam animarum curam, ad quam
adimplendam ordinis sacerdotalis exercitium requiritur, ei qui sacerdotio
nondum auctus est valide conferri nequit.
Can. 151 - Provisio officii animarum curam secumferentis, sine
gravi causa ne differatur.
Can. 152 - Nemini conferantur duo vel plura officia incompatibilia,
videlicet quae una simul ab eodem adimpleri nequeunt.
Can. 153 - § 1. Provisio officii de iure non vacantis est ipso
facto irrita, nec subsequenti vacatione convalescit.
§ 2. Si tamen agatur de officio quod de iure ad tempus determinatum confertur,
provisio intra sex menses ante expletum hoc tempus fieri potest, et effectum
habet a die officii vacationis.
§ 3. Promissio alicuius officii, a quocumque est facta, nullum parit iuridicum
effectum.
Can. 154 - Officium de iure vacans, quod forte adhuc ab aliquo
illegitime possidetur, conferri potest, dummodo rite declaratum fuerit
eam possessionem non esse legitimam, et de hac declaratione mentio fiat
in litteris collationis.
Can. 155 - Qui, vicem alterius neglegentis vel impediti supplens,
officium confert, nullam inde potestatem acquirit in personam cui collatum
est, sed huius condicio iuridica perinde constituitur, ac si provisio
ad ordinariam iuris normam peracta fuisset.
Can. 156 - Cuiuslibet officii provisio scripto consignetur.
Art. 1 -- DE LIBERA COLLATIONE
Can. 157 - Nisi aliud explicite iure statuatur. Episcopi dioecesani
est libera collatione providere officiis ecclesiasticis in propria Ecclesia
particulari.
Art. 2 -- DE PRAESENTATIONE
Can. 158 - § 1. Praesentatio ad officium ecclesiasticum ab eo,
cui ius praesentandi competit, fieri debet auctoritati cuius est ad officium
de quo agitur institutionem dare, et quidem, nisi aliud legitime cautum
sit, intra tres menses ab habita vacationis officii notitia.
§ 2. Si ius praesentationis cuidam collegio aut coetui personarum competat,
praesentandus designetur servatis Cann. 165 - 179 praescriptis.
Can. 159 - Nemo invitus praesentetur; quare qui praesentandus proponitur,
mentem suam rogatus, nisi intra octiduum utile recuset, praesentari potest.
Can. 160 - § 1. Qui iure praesentationis gaudet, unum aut etiam
plures, et quidem tum una simul tum successive, praesentare potest.
§ 2. Nemo potest seipsum praesentare; potest autem collegium aut coetus
personarum aliquem suum sodalem praesentare.
Can. 161 - § 1. Nisi aliud iure statuatur, potest qui aliquem praesentaverit
non idoneum repertum, altera tantum vice, intra mensem, alium candidatum
praesentare.
§ 2. Si praesentatus ante institutionem factam renuntiaverit aut de vita
decesserit, potest qui iure praesentandi pollet, intra mensem ab habita
renuntiationis aut mortis notitia, ius suum rursus exercere.
Can. 162 - Qui intra tempus utile, ad normam Can. 158, § 1 et Can.
161 praesentationem non fecerit, itemque qui bis praesentaverit non idoneum
repertum, pro eo casu ius praesentationis amittit, atque auctoritati,
cuius est institutionem dare, competit libere providere officio vacanti,
assentiente tamen proprio provisi Ordinario.
Can. 163 - Auctoritas, cui ad normam iuris competit praesentatum
instituere, instituat legitime praesentatum quem idoneum reppererit et
qui acceptaverit; quod si plures legitime praesentati idonei repertisint,
eorundem unum instituere debet.
Art. 3 -- DE ELECTIONE
Can. 164 - Nisi aliud iure provisum fuerit, in electionibus canonicis
serventur praescripta canonum qui sequuntur.
Can. 165 - Nisi aliud iure aut legitimis collegii vel coetus statutis
cautum sit, si cui collegio aut coetui personarum sit ius eligendi ad
officium, electio ne differatur ultra trimestre utile computandum ab habita
notitia vacationis officii; quo termino inutiliter elapso, auctoritas
ecclesiastica, cui ius confirmandae electionis vel ius providendi successive
competit, officio vacanti libere provideat.
Can. 166 - § 1. Collegii aut coetus praeses convocet omnes ad collegium
aut ad coetum pertinentes; convocatio autem, quando personalis esse debet,
valet, si fiat in loco domicilii vel quasi-domicilii aut in loco commorationis.
§ 2. Si quis ex vocandis neglectus et ideo absens fuerit, electio valet;
attamen ad eiusdem instantiam, probata quidem praeteritione et absentia,
electio, etiam si confirmata fuerit, a competenti auctoritate rescindi
debet, dummodo iuridice constet recursum saltem intra triduum ab habita
notitia electionis fuisse transmissum.
§ 3. Quod si plures quam tertia pars electorum neglecti fuerint, electio
est ipso iure nulla, nisi omnes neglecti reapse interfuerint.
Can. 167 - § 1. Convocatione legitima facta, suffragium ferendi
ius habent praesentes die et loco in eadem convocatione determinatis,
exclusa, nisi aliud statutis legitime caveatur, facultate ferendi suffragia
sive per epistolam sive per procuratorem.
§ 2. Si quis ex electoribus praesens in ea domo sit, in qua fit electio,
sed electioni ob infirmam valetudinem interesse nequeat, suffragium eius
scriptum a scrutatoribus exquiratur.
Can. 168 - Etsi quis plures ob titulos ius habeat ferendi nomine
proprio suffragii, non potest nisi unicum suffragium ferre.
Can. 169 - Ut valida sit electio, nemo ad suffragium admitti potest,
qui ad collegium vel coetum non pertineat.
Can. 170 - Electio, cuius libertas quoquo modo reapse impedita
fuerit, ipso iure invalida est.
Can. 171 - § 1. Inhabiles sunt ad suffragium ferendum:
1° incapax actus humani;
2° carens voce activa;
3° poena excommunicationis innodatus sive per sententiam iudicialem sive
per decretum quo poena irrogatur vel declaratur;
4° qui ab Ecclesiae communione notorie defecit.
§ 2. Si quis ex praedictis admittatur, eius suffragium est nullum, sed
electio valet, nisi constet, eo dempto, electum non rettulisse requisitum
suffragiorum numerum.
Can. 172 - § 1. Suffragium, ut validum sit, esse debet:
1° liberum; ideoque invalidum est suffragium eius, qui metu gravi aut
dolo, directe vel indirecte, adactus fuerit ad eligendam certam personam
aut diversas personas disiunctive;
2° secretum, certum, absolutum, determinatum.
§ 2. Condiciones ante electionem suffragio appositae tamquam non adiectae
habeantur.
Can. 173 - § 1. Antequam incipiat electio, deputentur e gremio
collegii aut coetus duo saltem scrutatores.
§ 2. Scrutatores suffragia colligant et coram praeside electionis inspiciant
an schedularum numerus respondeat numero electorum, suffragia ipsa scrutentur
palamque faciant quot quisque rettulerit.
§ 3. Si numerus suffragiorum superet numerum eligentium, nihil est actum.
§4. Omnia electionis acta ab eo qui actuarii munere fungitur accurate
describantur, et saltem ab eodem actuario, praeside ac scrutatoribus subscripta,
in collegii tabulario diligenter asserventur.
Can. 174 - § 1. Electio, nisi aliud iure aut statutis caveatur,
fieri etiam potest per compromissum, dummodo nempe electores, unanimi
et scripto consensu, in unum vel plures idoneos sive de gremio sive extraneos
ius eligendi pro ea vice transferant, qui nomine omnium ex recepta facultate
eligant.
§ 2. Si agatur de collegio aut coetu ex solis clericis constanti, compromissarii
in sacris debent esse constituti; secus electio est invalida.
§ 3. Compromissarii debent iuris praescripta de electione servare atque,
ad validitatem electionis, condiciones compromisso appositas, iuri non
contrarias, observare; condiciones autem iuri contrariae pro non appositis
habeantur.
Can. 175 - Cessat compromissum et ius suffragium ferendi redit
ad compromittentes:
1° revocatione a collegio aut coetu facta, re integra;
2° non impleta aliqua condicione compromisso apposita; 3° electione absoluta,
si fuerit nulla.
Can. 176 - Nisi aliud iure aut statutis caveatur, is electus habeatur
et a collegii aut coetus praeside proclametur, qui requisitum suffragiorum
numerum rettulerit, ad normam Can. 119, n. 1.
Can. 177 - § 1. Electio illico intimanda est electo, qui debet
intra octiduum utile a recepta intimatione significare collegii aut coetus
praesidi utrum electionem acceptet necne; secus electio effectum non habet.
§ 2. Si electus non acceptaverit, omne ius ex electione amittit nec subsequenti
acceptatione convalescit, sed rursus eligi potest; collegium autem aut
coetus intra mensem a cognita non- acceptatione ad novam electionem procedere
debet.
Can. 178 - Electus, acceptata electione, quae confirmatione non
egeat, officium pleno iure statim obtinet; secus non aquirit nisi ius
ad rem.
Can. 179 - § 1. Electus, si electio confirmatione indigeat, intra
octiduum utilea die acceptate electionis confirmationem ab auctoritate
competenti petere per se vel per alium debet; secus omni iure privatur,
nisi probaverit se a petenda confirmatione iusto impedimento detentum
fuisse.
§ 2. Competens auctoritas, si electum repperit idoneum ad normam Can.
149, § 1, et electio ad normam iuris fuerit peracta, confirmationem denegare
nequit.
§ 3. Confirmatio in scriptis dari debet.
§4. Ante intimatam confirmationem, electo non licet sese immiscere administrationi
officii sive in spiritualibus sive in temporalibus et actus ab eo forte
positi nulli sunt.
§ 5 Intimata confirmatione, electus pleno iure officium obtinet, nisi
aliud iure caveatur.
Art. 4 -- DE POSTULATIONE
Can. 180 - § 1. Si electioni illius quem electores aptiorem putent
ac praeferant impedimentum canonicum obstet, super quo dispensatio concedi
possit ac soleat, suis ipsi suffragiis eum possunt, nisi aliud iure caveatur,
a competenti auctoritate postulare.
§ 2. Compromissarii postulare nequeunt, nisi id in compromisso fuerit
expressum.
Can. 181 - § 1. Ut postulatio vim habeat, requiruntur saltem duae
tertiae partes suffragiorum.
§ 2. Suffragium pro postulatione exprimi debet per verbum: "postulo,"
aut aequivalens; formula: "eligo vel postulo," aut aequipollens, valet
pro electione, si impedimentum non exsistat, secus pro postulatione.
Can. 182 - § 1. Postulatio a praeside intra octiduum utile mitti
debet ad auctoritatem competentem ad quam pertinet electionem confirmare
cuius est dispensationem de impedimento concedere, aut si hanc potestatem
non habeat, eandem ab auctoritate superiore petere; si non requiritur
confirmatio, postulatio mitti debet ad auctoritatem competentem ut dispensatio
concedatur.
§ 2. Si intra praescriptum tempus postulatio missa non fuerit, ipso facto
nulla est, et collegium vel coetus pro ea vice privatur iure eligendi
aut postulandi nisi probetur praesidem a mittenda postulatione iusto fuisse
detentum impedimento aut dolo vel neglegentia ab eadem tempore opportuno
mittenda abstinuisse. § 3. Postulato nullum ius acquiritur ex postulatione;
eam admittendi auctoritas competens obligatione non tenetur.
§4. Factam auctoritati competenti postulationem electores revocare non
possunt, nisi auctoritate consentiente.
Can. 183 - § 1. Non admissa ab auctoritate competenti postulatione,
ius eligendi ad collegium vel coetum redit.
§ 2. Quod si postulatio admissa fuerit, id significetur postulato, qui
respondere debet ad normam Can. 177, § 1.
§ 3. Qui admissam postulationem acceptat, pleno iure statim officium obtinet.
CAPUT II
DE AMISSIONE OFFICII ECCLESIASTICI
Can. 184 - § 1. Amittitur officium ecclesiasticum lapsu temporis
praefiniti, expleta aetate iure definita, renuntiatione, translatione,
amotione necnon privatione.
§ 2. Resoluto quovis modo iure auctoritatis a qua fuit collatum, officium
ecclesiasticum non amittitur, nisi aliud iure caveatur.
§ 3. Officii amissio, quae effectum sortita est, quam primum omnibus nota
fiat, quibus aliquod ius in officii provisionem competit.
Can. 185 - Ei, qui ob impletam aetatem aut renuntiationem acceptatam
officium amittit, titulus emeriti conferri potest.
Can. 186 - Lapsu temporis praefiniti vel adimpleta aetate, amissio
officii effectum habet tantum a momento, quo a competenti auctoritate
scripto intimatur.
Art. 1 -- DE RENUNTIATIONE
Can. 187 - Quisquis sui compos potest officio ecclesiastico iusta
de causa renuntiare.
Can. 188 - Renuntiatio ex metu gravi, iniuste incusso, dolo vel
errore substantiali aut simoniace facta, ipso iure irrita est.
Can. 189 - § 1. Renuntiatio, ut valeat, sive acceptatione eget
sive non, auctoritati fieri debet cui provisio ad officium de quo agitur
pertinet, et quidem scripto vel oretenus coram duobus testibus.
§ 2. Auctoritas renuntiationem iusta et proportionata causa non innixam
ne acceptet.
§ 3. Renuntiatio quae acceptatione indiget, nisi intra tres menses acceptetur,
omni vi caret; quae acceptatione non indiget effectum sortitur communicatione
renuntiantis ad normam iuris facta.
§4. Renuntiatio, quamdiu effectum sortita non fuerit, a renuntiante revocari
potest; effectu secuto revocari nequit, sed qui renuntiavit, officium
alio ex titulo consequi potest.
Art. 2 -- DE TRANSLATIONE
Can. 190 - § 1. Translatio ab eo tantum fieri potest, qui ius
habet providendi officio quod amittitur et simul officio quod comittitur.
§ 2. Si translatio fiat invito officii titulari, gravis requiritur causa
et, firmo semper iure rationes contrarias exponendi, servetur modus procedendi
iure praescriptus.
§ 3. Translatio, ut effectum sortiatur, scripto intimanda est.
Can. 191 - § 1. In translatione, prius officium vacat per possessionem
alterius officii canonice habitam, nisi aliud iure cautum aut a competenti
auctoritate praescriptum fuerit.
§ 2. Remunerationem cum priore officio conexam translatus percipit, donec
alterius possessionem canonice obtinuerit.
Art. 3 -- DE AMOTIONE
Can. 192 - Ab officio quis amovetur sive decreto ab auctoritate
competenti legitime edito, servatis quidem iuribus forte ex contractu
quaesitis, sive ipso iure ad normam Can. 194.
Can. 193 - § 1. Ab officio quod alicui confertur ad tempus indefinitum,
non potest quis amoveri nisi ob graves causas atque servato procedendi
modo iure definito.
§ 2. Idem valet, ut quis ab officio, quod alicui ad tempus determinatum
confertur, ante hoc tempus elapsum amoveri possit, firmo praescripto Can.
624, § 3.
§ 3. Ab officio quod, secundum iuris praescripta, alicui confertur ad
prudentem discretionem auctoritatis competentis, potest quis iusta ex
causa, de iudicio eiusdem auctoritatis, amoveri.
§4. Decretum amotionis, ut effectum sortiatur, scripto intimandum est.
Can. 194 - § 1. Ipso iure ab ecclesiastico amovetur:
1° qui statum clericalem amiserit;
2° qui a fide catholica aut a communione Ecclesiae publice defecerit;
3° clericus qui matrimonium etiam civile tantum attentaverit.
§ 2. Amotio, de qua in nn. 2 et 3, urgeri tantum potest, si de eadem auctoritatis
competentis declaratione constet.
Can. 195 - Si quis, non quidem ipso iure, sed per decretum auctoritatis
competentis ab officio amoveatur quo eiusdem subsistentiae providetur,
eadem auctoritas curet ut ipsius subsistentiae per congruum tempus prospiciatur,
nisi aliter provisum sit.
Art. 4 -- DE PRIVATIONE
Can. 196 - § 1. Privatio ab officio, in poenam scilicet delicti,
ad normam iuris tantummodo fieri potest.
§ 2. Privatio effectum sortitur secundum praescripta canonum de iure poenali.
TITULUS X
DE PRAESCRIPTIONE
Can. 197 - Praescriptionem, tamquam modum iuris subiectivi acquirendi
vel amittendi necnon ab obligationibus sese liberandi, Ecclesia recipit
prout est in legislatione civili respectivae nationis salvis exceptionibus
quae in canonibus huius Codicis statuuntur.
Can. 198 - Nulla valet praescriptio, nisi bona fide nitatur, non
solum initio, sed toto decursu temporis ad praescriptionem requisiti,
salvo praescripto Can. 1362.
Can. 199 - Praescriptioni obnoxia non sunt:
1° iura et obligationes quae sunt legis divinae naturalis aut positivae;
2° iura quae obtineri possunt ex solo privilegio apostolico;
3° iura et obligationes quae spiritualem christifidelium vitam directe
respiciunt;
4° fines certi et indubii circumscriptionum ecclesiasticarum;
5° stipes et onera Missarum;
6° provisio officii ecclesiastici quod ad normam iuris exercitium ordinis
sacri requirit;
7° ius visitationis et obligatio oboedientiae, ita ut christifideles a
nulla auctoritate ecclesiastica visitari possint et nulli auctoritati
iam subsint.
TITULUS XI
DE TEMPORIS SUPPUTATIONE
Can. 200 - Nisi aliud expresse iure caveatur, tempus supputetur
ad normam canonum qui sequuntur.
Can. 201 - § 1. Tempus continuum intellegitur quod nullam patitur
interruptionem.
§ 2. Tempus utile intellegitur quod ita ius suum exercenti aut per sequenti
competit, ut ignoranti aut agere non valenti noncurrat.
Can. 202 - § 1. In iure, dies intellegitur spatium constans 24
horis continuo supputandis, et incipit a media nocte, nisi aliud expresse
caveatur; hebdomada spatium 7 dierum; mensis spatium 30 et annus spatium
365 dierum, nisi mensis et annus dicantur sumendi prout sunt in calendario.
§ 2. Prout sunt in calendario semper sumendi sunt mensis et annus, si
tempus est continuum.
Can. 203 - § 1. Dies a quo non computatur in termino, nisi huius
initium coincidat cum inito diei aut aliud expresse in iure caveatur.
§ 2. Nisi contrarium statuatur, dies ad quem computatur in termino, qui,
si tempus constet uno vel pluribus mensibus aut annis, una vel pluribus
hebdomadis, finitur expleto ultimo die eiusdem numeri aut, si mensis die
eiusdem numeri careat, expleto ultimo die mensis. |
BOOK II :
THE PEOPLE OF GOD
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.
TITLE I: THE OBLIGATIONS AND RIGHTS OF ALL CHRIST’S FAITHFUL
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.
TITLE II: THE OBLIGATIONS AND RIGHTS OF THE LAY MEMBERS OF 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.
TITLE III: SACRED MINISTERS OR CLERICS
CHAPTER I : THE FORMATION OF CLERICS
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.
CHAPTER II : THE ENROLMENT OR INCARDINATION OF CLERICS
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.
CHAPTER III : THE OBLIGATIONS AND RIGHTS OF CLERICS
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.
CHAPTER IV : LOSS OF THE CLERICAL STATE
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.
TITLE IV: PERSONAL PRELATURES
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.
TITLE V: ASSOCIATIONS OF CHRIST’S FAITHFUL
CHAPTER I : COMMON NORMS
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.
CHAPTER II : PUBLIC ASSOCIATIONS OF CHRIST’S FAITHFUL
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.
CHAPTER III : PRIVATE ASSOCIATIONS OF CHRIST’S FAITHFUL
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.
CHAPTER IV : SPECIAL NORMS FOR LAY ASSOCIATIONS
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.
PART II :
THE HIERARCHICAL CONSTITUTION
OF THE CHURCH
SECTION I:
THE SUPREME AUTHORITY OF THE CHURCH
CHAPTER I : THE ROMAN PONTIFF AND THE COLLEGE OF BISHOPS
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.
CHAPTER II : THE SYNOD OF BISHOPS
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.
CHAPTER III : THE CARDINALS OF THE HOLY ROMAN CHURCH
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.
CHAPTER IV : THE ROMAN CURIA
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.
CHAPTER V : PAPAL LEGATES
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.
SECTION II :
PARTICULAR CHURCHES AND THEIR GROUPINGS
TITLE I: PARTICULAR CHURCHES AND THE AUTHORITY CONSTITUTED WITHIN THEM
CHAPTER I : PARTICULAR CHURCHES
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.
CHAPTER II : BISHOPS
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.
CHAPTER III : THE IMPEDED OR VACANT SEE
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.
TITLE II: GROUPINGS OF PARTICULAR CHURCHES
CHAPTER I : ECCLESIASTICAL PROVINCES AND ECCLESIASTICAL REGIONS
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.
CHAPTER II : METROPOLITANS
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.
CHAPTER III : PARTICULAR COUNCILS
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.
CHAPTER IV : EPISCOPAL CONFERENCES
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.
TITLE III: THE INTERNAL ORDERING OF PARTICULAR CHURCHES
CHAPTER I : THE DIOCESAN SYNOD
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.
CHAPTER II : THE DIOCESAN CURIA
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.
CHAPTER III : THE COUNCIL OF PRIESTS AND THE COLLEGE OF CONSULTORS
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.
CHAPTER IV : THE CHAPTER OF CANONS
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.
CHAPTER V : THE PASTORAL COUNCIL
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.
CHAPTER VI : PARISHES, PARISH PRIESTS AND ASSISTANT PRIESTS
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.
CHAPTER VII : VICARS FORANE
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.
CHAPTER VIII : RECTORS OF CHURCHES AND CHAPLAINS
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.
PART III :
INSTITUTES OF CONSECRATED LIFE AND SOCIETIES OF APOSTOLIC LIFE
SECTION I:
INSTITUTES OF CONSECRATED LIFE
TITLE I: NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE
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.
TITLE II: RELIGIOUS INSTITUTES
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.
CHAPTER I : RELIGIOUS HOUSES AND THEIR ESTABLISHMENT AND SUPPRESSION
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.
CHAPTER II : THE GOVERNANCE OF INSTITUTES
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.
CHAPTER III : THE ADMISSION OF CANDIDATES AND THE FORMATION OF MEMBERS
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.
CHAPTER IV : THE OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS
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.
CHAPTER V : THE APOSTOLATE OF INSTITUTES
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.
CHAPTER VI : THE SEPARATION OF MEMBERS FROM THE INSTITUTE
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.
CHAPTER VII : RELIGIOUS RAISED TO THE EPISCOPATE
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.
CHAPTER VIII : CONFERENCES OF MAJOR SUPERIORS
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.
TITLE III: SECULAR INSTITUTES
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.
SECTION II:
SOCIETIES OF APOSTOLIC LIFE
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. |
LIBER II
DE POPULO DEI
PARS I
DE CHRISTIFIDELIBUS
Can. 204 - § 1. Christifideles sunt qui, utpote per baptismum
Christo incorporati, in populum Dei sunt constituti, atque hac ratione
muneris Christi sacerdotalis, prophetici et regalis suo modo participes
facti, secundum propriam cuiusque condicionem, ad mission emexercendam
vocantur, quam Deus Ecclesiae in mundo adimplendam concredidit.
§ 2. Haec Ecclesia, in hoc mundo ut societas constituta et ordinata, subsistit
in Ecclesia catholica, a successore Petri et Episcopis in eius communione
gubernata.
Can. 205 - Plene in communione Ecclesiae catholicae his in terris
sunt illi baptizati, qui in eius compage visibili cum Christo iunguntur,
vinculis nempe professionis fidei, sacramentorum et ecclesiastici regiminis.
Can. 206 - § 1. Speciali ratione cum Ecclesia conectuntur catechumeni,
qui nempe, Spiritu Sancto movente, explicita voluntate ut eidem incorporentur
expetunt, ideoque hoc ipso voto, sicut et vita fidei, spei et caritatis
quam agunt, coniunguntur cum Ecclesia, quae eos iam ut suos fovet.
§ 2. Catechumenorum specialem curam habet Ecclesia quae, dum eos advitam
ducendam evangelicam invitat eosque ad sacros ritus celebrandos introducit,
eisdem varias iam largitur praerogativas, quae christianorum sunt propriae.
Can. 207 - § 1. Ex divina institutione, inter christifideles sunt
in Ecclesia ministri sacri, qui in iure et clerici vocantur; ceteri autem
et laici nuncupantur.
§ 2. Ex utraque hac parte habentur christifideles, qui professione consiliorum
evangelicorum per vota aut alia sacra ligamina, ab Ecclesia agnita et
sancita, suo peculiari modo Deo consecrantur et Ecclesiae missioni salvificae
prosunt; quorum status, licet ad hierarchicam Ecclesiae structuram non
spectet, ad eius tamen vitam et sanctitatem pertinet.
TITULUS I
DE OMNIUM CHRISTIFIDELIUM OBLIGATIONIBUS ET IURIBUS
Can. 208 - Inter christifideles omnes, ex eorum quidem in Christo
regeneratione, vera viget quoad dignitatem et actionem aequalitas, qua
cuncti, secundum propriam cuiusque condicionem et munus, ad aedificationem
Corporis Christi cooperantur.
Can. 209 - § 1. Christifideles obligatione adstringuntur, sua quoque
ipsorum agendi ratione, ad communionem semper servandam cum Ecclesia.
§ 2. Magna cum diligentia officia adimpleant, quibus tenentur erga Ecclesiam
tum universam, tum particularem ad quam, secundum iuris praescripta, pertinent.
Can. 210 - Omnes christifideles, secundum propriam condicionem,
ad sanctam vitam ducendam atque ad Ecclesiae incrementum eiusque iugem
sanctificationem promovendam vires suas conferre debent.
Can. 211 - Omnes christifideles officium habent et ius allaborandi
ut divinum salutis nuntium ad universos homines omnium temporum ac totius
orbis magis magisque perveniat.
Can. 212 - § 1. Quae sacri Pastores, utpote Christum repraesentantes,
tamquam fidei magistri declarant aut tamquam Ecclesiae rectores statuunt,
christifideles, propriae responsabilitatis conscii, christiana oboedientia
prosequi tenentur.
§ 2. Christifidelibus integrum est, ut necessitates suas, praesertim spirituales,
suaque optata Ecclesiae Pastoribus patefaciant.
§ 3. Pro scientia, competentia et praestantia quibus pollent, ipsis ius
est, immo et aliquando officium, ut sententiam suam de hisquae ad bonum
Ecclesiae pertinent sacris Pastoribus manifestent eamque, salva fidei
morumque integritate ac reverentia erga Pastores, attentisque communi
utilitate et personarum dignitate, ceteris christifidelibus notam faciant.
Can. 213 - Ius est christifidelibus ut ex spiritualibus Ecclesiae
bonis, praesertim ex verbo Dei et sacramentis, adiumenta a sacris Pastoribus
accipiant.
Can. 214 - Ius est christifidelibus, ut cultum Deo persolvant iuxta
praescripta proprii ritus a legitimis Ecclesiae Pastoribus approbati,
utque propriam vitae spiritualis formam sequantur, doctrinae quidem Ecclesiae
consentaneam.
Can. 215 - Integrum est christifidelibus, ut libere condant atque
moderentur consociationes ad fines caritatis vel pietatis, aut ad vocationem
christianam in mundo fovendam, utque conventus habeant ad eosdem fines
in communi persequendos.
Can. 216 - Christifideles cuncti, quippe qui Ecclesiae missionem
participent, ius habent ut propriis quoque inceptis, secundum suum quisque
statum et condicionem, apostolicam actionem promoveant vel sustineant;
nullum tamen inceptum nomen catholicum sibi vindicet, nisi consensus accesserit
competentis auctoritatis ecclesiasticae.
Can. 217 - Christifideles, quippe qui baptismo ad vitam doctrinae
evangelicae congruentem ducendam vocentur, ius habent ad educationem christianam,
qua ad maturitatem humanae personae prosequendam atque simul ad mysterium
salutis cognoscendum et vivendum rite instruantur.
Can. 218 - Qui disciplinis sacris incumbunt iusta libertate fruuntur
inquirendi necnon mentem suam prudenter in iis aperiendi, inquibus peritia
gaudent, servato debito erga Ecclesiae magisterium obsequio.
Can. 219 - Christifideles omnes iure gaudent ut a quacumque coactione
sint immunes in statu vitae eligendo.
Can. 220 - Nemini licet bonam famam, qua quis gaudet, illegitime
laedere, nec ius cuiusque personae ad propriam intimitatem tuendam violare.
Can. 221 - § 1. Christifidelibus competit ut iura, quibus in Ecclesia
gaudent, legitime vindicent atque defendant in foro competenti ecclesiastico
ad normam iuris.
§ 2. Christifidelibus ius quoque est ut, si ad iudicium ab auctoritate
competenti vocentur, iudicentur servatis iuris praescriptis, cum aequitate
applicandis.
§ 3. Christifidelibus ius est, ne poenis canonicis nisi ad normam legis
plectantur.
Can. 222 - § 1. Christifideles obligatione tenentur necessitatibus
subveniendi Ecclesiae, ut eidem praesto sint quae ad cultum divinum, ad
opera apostolatus et caritatis atque ad honestam ministrorum sustentationem
necessaria sunt.
§ 2. Obligatione quoque tenentur iustitiam socialem promovendi necnon,
praecepti Domini memores, ex propriis reditibus pauperibus subveniendi.
Can. 223 - § 1. In iuribus suis exercendis christifideles tum singuli
tum in consociationibus adunati rationem habere debent boni communis Ecclesiae
necnon iurium aliorum atque suorum erga alios officiorum.
§ 2. Ecclesiasticae auctoritati competit, intuitu boni communis, exercitium
iurium, quae christifidelibus sunt propria, moderari.
TITULUS II
DE OBLIGATIONIBUS ET IURIBUS CHRISTIFIDELIUM LAICORUM
Can. 224 - Christifideles laici, praeter eas obligationes et iura,
quae cunctis christifidelibus sunt communia et ea quae in aliis canonibus
statuuntur, obligationibus tenentur et iuribus gaudent quae in canonibus
huius tituli recensentur.
Can. 225 - § 1. Laici, quippe qui uti omnes christifideles ad apostolatum
a Deo per baptismum et confirmationem deputentur, generali obligatione
tenentur et iure gaudent, sive singuli sive in consociationibus coniuncti,
allaborandi ut divinum salutis nuntium ab universis hominibus ubique terrarum
cognoscatur et accipiatur; quae obligatio eo vel magis urget iis in adiunctis,
in quibus nonnisi per ipsos Evangelium audire et Christum cognoscere homines
possunt.
§ 2. Hoc etiam peculiari adstringuntur officio, unusquisque quidem secundum
propriam condicionem, ut rerum temporalium ordinem spiritu evangelico
imbuant atque perficiant, et ita specialiter in iisdem rebus gerendis
atque in muneribus saecularibus exercendis Christi testimonium reddant.
Can. 226 - § 1. Qui in statu coniugali vivunt, iuxta propriam vocationem,
peculiari officio tenentur per matrimonium et familiam ad aedificationem
populi Dei allaborandi.
§ 2. Parentes, cum vitam filiis contulerint, gravissima obligatione tenentur
et iure gaudent eos educandi; ideo parentum christianorum imprimis est
christianam filiorum educationem secundum doctrinam ab Ecclesia traditam
curare.
Can. 227 - Ius est christifidelibus laicis, ut ipsis agnoscatur
ea in rebus civitatis terrenae libertas, quae omnibus civibus competit;
eadem tamen libertate utentes, curent ut suae actiones spiritu evangelico
imbuantur, et ad doctrinam attendant ab Ecclesiae magisterio propositam,
caventes tamen ne in quaestionibus opinabilibus propriam sententiam uti
doctrinam Ecclesiae proponant.
Can. 228 - § 1. Laici qui idonei reperiantur, sunt habiles ut a
sacris Pastoribus ad illa officia ecclesiastica et munera assumantur,
quibus ipsi secundum iuris praescripta fungi valent. § 2. Laici debita
scientia, prudentia et honestate praestantes, habiles sunt tamquam periti
aut consiliarii, etiam in consiliis ad normam iuris, ad Ecclesiae Pastoribus
adiutorium praebendum.
Can. 229 - § 1. Laici, ut secundum doctrinam christianam vivere
valeant, eandemque et ipsi enuntiare atque, si opus sit, defendere possint,
utque in apostolatu exercendo partem suam habere queant, obligatione tenentur
et iure gaudent acquirendi eiusdem doctrinae cognitionem, propriae uniuscuiusque
capacitati et condicioni aptatam.
§ 2. Iure quoque gaudent pleniorem illam in scientiis sacris acquirendi
cognitionem, quae in ecclesiasticis universitatibus facultatibusve aut
in institutis scientiarium religiosarum traduntur, ibidem lectiones frequentando
et gradus academicos consequendo.
§ 3. Item, servatis praescriptis quoad idoneitatem requisitam statutis,
habiles sunt ad mandatum docendi scientias sacras a legitima auctoritate
ecclesiastica recipiendum.
Can. 230 - § 1. Viri laici, qui aetate dotibusque pollent Episcoporum
conferentiae decreto statutis, per ritum liturgicum praescriptum ad ministeria
lectoris et acolythi stabiliter assumi possunt; quae tamen ministeriorum
collatio eisdem ius non confert ad sustentationem remunerationemve ab
Ecclesia praestandam.
§ 2. Laici ex temporanea deputatione in actionibus liturgicis munus lectoris
implere possunt; item omnes laici muneribus commentatoris, cantoris aliisve
ad normam iuris fungi possunt.
§ 3. Ubi Ecclesiae necessitas id suadeat, deficientibus ministris, possunt
etiam laici, etsi non sint lectores vel acolythi, quaedam eorundem officia
supplere, videlicet ministerium verbi exercere, precibus liturgicis praeesse,
baptismum conferre atque sacram Communionem distribuere, iuxta iuris praescriptas.
Can. 231 - § 1. Laici, qui permanenter aut ad tempus speciali Ecclesiae
servitio addicuntur, obligatione tenentur ut aptam acquirant formationem
ad munus suum debite implendum requisitam, utque hoc munus conscie impense
et diligenter adimpleant.
§ 2. Firmo praescripto Can. 230, § 1, ius habent ad honestam remunerationem
suae condicioni aptatam, qua decenter, servatis quoque iuris civilis praescriptis,
necessitatibus propriis ac familiae providere valeant; itemque iis ius
competit ut ipsorum praevidentiae et securitati sociali et assistentiae
sanitariae, quam dicunt, debite prospiciatur.
TITULUS III
DE MINISTRIS SACRIS SEU DE CLERICIS
CAPUT I
DE CLERICORUM INSTITUTIONE
Can. 232 - Ecclesia officium est atque ius proprium et exclusivum
eos instituendi , qui ad ministeria sacra deputantur.
Can. 233 - § 1. Universae communitati christianae officium incumbit
fovendarum vocationum, ut necessitatibus ministerii sacri in tota Ecclesia
sufficienter provideatur; speciatim hoc officio tenentur familiae christianae,
educatores atque peculiari ratione sacerdotes, praesertim parochi. Episcopi
dioecesani, quorum maxime est de vocationibus provehendis curam habere,
populum sibi commissum de momento ministerii sacri deque ministrorum in
Ecclesia necessitate edoceant, atque incepta ad vocationes fovendas, operibus
praesertim ad hoc institutis, suscitent ac sustentent.
§ 2. Solliciti sint insuper sacerdotes, praesertim vero Episcopi dioecesani,
ut qui maturioris aetatis viri ad ministeria sacra sese vocatos aestiment,
prudenter verbo opereque adiuventur ac debite praeparentur.
Can. 234 - § 1. Serventur, ubi exsistunt, atque foveantur seminaria
minora aliave instituta id genus, in quibus nempe, vocationum fovendarum
gratia, provideatur ut peculiaris formatia religiosa una expedire iudicaverit
Episcopus dioecesanus, seminarii minoris similisve instituti erectioni
prospiciat.
§ 2. Nisi certis in casibus adiuncta suadeant, iuvenes quibus animus est
ad sacerdotium ascendere, ea ornentur humanistica et scientifica formatione,
qua iuvenes in sua quisque regione ad studia superiora peragenda praeparantur.
Can. 235 - § 1. Iuvenes, qui ad sacerdotium accedere intendunt,
ad formationem spiritualem convenientem et ad officia propria instituantur
in seminario maiore per totum formationis tempus, aut, si adiuncta de
iudicio Episcopi dioecesani id postulent, per quattuor saltem annos.
§ 2. Qui extra seminarium legitime morantur, ab Episcopo dioecesano commendentur
pio et idoneo sacerdoti, qui invigilet ut ad vitam spiritualem et ad disciplinam
sedulo efformentur.
Can. 236 - Aspirantes ad diaconatum permanentem secundum Episcoporum
conferentiae praescripta ad vitam spiritualem alendam informentur atque
ad officia eidem ordini propria rite adimplenda instruantur:
1° iuvenes per tres saltem annos in aliqua domo peculiari degentes nisi
graves ob rationes Episcopus dioecesanus aliter statuerit;
2° maturioris aetatis viri, sive caelibes sive coniugati, ratione ad tres
annos protracta et ab eadem Episcoporum conferentia definita.
Can. 237 - § 1. In singulis dioecesibus sit seminarium maius, ubi
id fieri possit atque expediat; secus concredantur alumni, qui ad sacra
ministeria sese praeparent, alieno seminario aut erigatur seminarium interdioecesanum.
§ 2. Seminarium interdioecesanum ne erigatur nisi prius approbatio Apostolicae
Sedis, tum ipsius seminarii erectionis tum eiusdem statutorum, obtenta
fuerit, et quidem ab Episcoporum conferentia, si agatur de seminario pro
universo eius territorio, secus ab Episcopis quorum interest.
Can. 238 - § 1. Seminaria legitime erecta ipso iure personalitate
iuridica in Ecclesia gaudent.
§ 2. In omnibus negotiis pertractandis personam seminarii gerit eius rector,
nisi de certis negotiis auctoritas competens aliud statuerit.
Can. 239 - § 1. In quolibet seminario habeantur rector, qui ei
praesit, et si casus ferat vice- rector, oeconomus, atque si alumni in
ipso seminario studiis se dedant, etiam magistri, qui varias disciplinas
tradant apta ratione inter se compositas.
§ 2. In quolibet seminario unus saltem adsit spiritus director, relicta
libertate alumnis adeundi alios sacerdotes, qui ad hoc munus ab Episcopo
deputati sint.
§ 3. Seminarii statutis provideantur rationes, quibus curam rectoris,
in disciplina praesertim servanda, participent ceteri moderatores, magistri,
immo et ipsi alumni.
Can. 240 - § 1. Praeter confessarios ordinarios, alii regulariter
ad seminarium accedant confessarii, atque, salva quidem seminarii disciplina,
integrum semper sit alumnis quemlibet confessarium sive in seminario sive
extra illud adire. § 2. In decisionibus ferendis de alumnis ad ordines
admittendis aut e seminario dimittendis, numquam directoris spiritus et
confessariorum votum exquiri potest.
Can. 241 - § 1. Ad seminarium maius ab Episcopo dioecesano admittantur
tantummodo ii qui, attentis eorum dotibus humanis et moralibus, spiritualibus
et intellectualibus, eorum valetudine physica et psychica necnon recta
voluntate, habiles aestimantur qui ministeriis sacris perpetuo sese dedicent.
§ 2. Antequam recipiantur, documenta exhibere debent de susceptis baptismo
et confirmatione aliaque quae secundum praescripta institutionis sacerdotalis
Rationis requiruntur.
§ 3. Si agatur de iis admittendis, qui ex alieno seminario vel instituto
religioso dimissi fuerint, requiritur insuper testimonium respectivi superioris
praesertim de causa eorum dimissionis vel discessus.
Can. 242 - § 1. In singulis nationibus habeatur institutionis sacerdotalis
Ratio, ab Episcoporum conferentia attentis quidem normis a suprema Ecclesiae
auctoritate latis, statuenda et a Sancta Sede approbanda novis quoque
adiunctis, approbante item Sancta Sede, accommodanda, qua institutionis
in seminario tradendae definiantur summa principia atque normae generales
necessitatibus pastoralibus uniuscuiusque regionis vel provinciale, aptatae.
§ 2. Normae Rationis, de qua in § 1, serventur in omnibus seminariis,
tum dioecesanis tum interdioecesanis.
Can. 243 - Habeat insuper unumquodque seminarium ordinationem propriam,
ab Episcopo dioecesano aut, si de seminario interdioecesano agatur, ab
Episcopis quorum interest, probatam, qua normae institutionis sacerdotalis
Rationis adiunctis particularibus accommodentur, ac pressius determinentur
praesertim disciplinae capita quae ad alumnorum cotidianam vitam et totius
seminarii ordinem spectant.
Can. 244 - Alumnorum in seminario formatio spiritualis et institutio
doctrinalis harmonice componantur, atque ad id ordinentur, ut iidem iuxta
uniuscuiusque indolem una cum debita maturitate humana spiritum Evangelii
et arctam cum Christo necessitudinem acquirant.
Can. 245 - § 1. Per formationem spiritualem alumni idonei fiant
ad ministerium pastorale fructuose exercendum et ad spiritum missionalem
efformentur, discentes ministerium expletum semper in fide viva et in
caritate ad propriam sanctificationem conferre; itemque illas excolere
discant virtutes quae in hominum consortione pluris fiunt, ita quidem
ut ad aptam conciliationem inter bona humana et supernaturalia pervenire
valeant.
§ 2. Ita formentur alumni ut, amore Ecclesiae Christi imbuti, Pontifici
Romano Petri successore humili et filiali caritate devinciantur, proprio
Episcopo tamquam fidi cooperatores adhaereant et sociam cum fratribus
operam praestent; per vitam in seminario communem atque per amicitiae
coniunctionisque necessitudinem cum aliis excultam praeparentur ad fraternam
unionem cum dioecesano presbyterio, cuius in Ecclesiae servitio erunt
consortes.
Can. 246 - § 1. Celebratio Eucharistica centrum sit totius vitae
seminarii, ita ut cotidie alumni, ipsam Christi caritatem participantes,
animi robur pro apostolico labore et pro vita sua spirituali praesertim
ex hoc ditissimo fonte hauriant.
§ 2. Efformentur ad celebrationem liturgiae horarum, qua Dei ministri,
nomine Ecclesiae pro toto populo sibi commisso, immo pro universo mundo,
Deum deprecantur.
§ 3. Foveantur cultus Beatae Mariae Virginis etiam per mariale rosarium,
oratio mentalis aliaque pietatis exercitia, quibus alumni spiritum orationis
acquirant atque vocationis suae robur consequantur.
§4. Ad sacramentum paenitentiae frequenter accedere assuescant alumni,
et commendatur ut unusquisque habeat moderatorem suae vitae spiritualis
libere quidem electum, cui confidenter conscientiam aperire possit.
§ 5 Singulis annis alumni exercitiis spiritualibus vacent.
Can. 247 - § 1. Ad servandum statum caelibatus congrua educatione
praeparentur, eumque ut peculiare Dei donum in honore habere discant.
§ 2. De officiis et oneribus quae ministris sacris Ecclesiae propria sunt,
alumni debite reddantur certiores, nulla vitae sacerdotalis difficultate
reticita.
Can. 248 - Institutio doctrinalis tradenda eo spectat, ut alumni,
una cum cultura generali necessitatibus loci ac temporis consentanea,
amplam atque solidam acquirant in disciplinis sacris doctrinam, ita ut,
propria fide ibi fundata et inde nutrita, Evangelii doctrinam hominibus
sui temporis apte, ratione eorundem ingenio accommodata, nuntiare valeant.
Can. 249 - Institutionis sacerdotalis Ratione provideatur ut alumni
non tantum accurate linguam patriam edoceantur, sed etiam linguam latinam
bene calleant necnon congruam habeant cognitionem alienarum linguarum,
quarum scientia ad eorum formationem aut ad ministerium pastorale exercendum
necessaria vel utilis videatur.
Can. 250 - Quae in ipso seminario philosophica et theologica studia
ordinantur, aut successive aut coniuncte peragi possunt, iuxta institutionis
sacerdotalis Rationem; eadem completum saltem sexennium complectantur,
ita quidem ut tempus philosophicis disciplinis dedicandum integrum biennium,
studiis vero theologicis integrum quadriennium adaequet.
Can. 251 - Philosophica institutio, quae innixa sit oportet patrimonio
philosophico perenniter valido, et rationem etiam habeat philosophicae
investigationis progredientis aetatis, ita tradatur, ut alumnorum formationem
humanam perficiat, mentis aciem provehat, eosque ad studia theologica
peragenda aptiores reddat.
Can. 252 - § 1. Institutio theologica, in lumine fidei, sub Magisterii
ductu, ita impertiatur, ut alumni integram doctrinam catholicam, divina
Revelatione innixam, cognoscant, propriae vitae spiritualis reddant alimentum
eamque, in ministerio exercendo rite annuntiare ac tueri valeant.
§ 2. In sacra Scriptus peculiari diligentia erudiantur alumni, ita ut
totius sacrae Scripturae conspectum acquirant.
§ 3. Lectiones habeantur theologiae dogmaticae, verbo Dei scripto una
sacra Traditione semper innixae, quarum ope alumni mysteria salutis, s.
Thoma praesertim magistro, intimius penetrare addiscant, itemque lectiones
theologiae moralis et pastoralis, iuris canonici, liturgiae, historiae
ecclesiasticae, necnon aliarum disciplinarum, auxiliarium atque specialium,
ad normam praescriptorum institutionis sacerdotalis Rationis.
Can. 253 - § 1. Ad magistri munus in disciplinis philosophicis,
theologicis et iuridicis, ab Episcopo aut ab Episcopis, quorum interest,
iitantum nominentur qui, virtutibus praestantes, laurea doctorali aut
licentia potiti sunt in universitate studiorum aut facultate a Sancta
Sede recognita.
§ 2. Curetur ut distincti totidem nominentur magistri qui doceant sacram
Scripturam, theologiam dogmaticam, theologiam moralem, liturgiam, philosophiam,
ius canonicum, historiam ecclesiasticam, aliasque, quae propria methodo
tradendae sunt, disciplinas.
§ 3. Magister qui a munere suo graviter deficiat, ab auctoritate, de qua
in § 1, amoveatur.
Can. 254 - § 1. Magistri in disciplinis tradendis de intima universae
doctrinae fidei unitate et harmonia iugiter solliciti sint, ut unam scientiam
alumni se discere experiantur; quo aptius id obtineatur, adsit in seminario
qui integram studiorum ordinationem moderetur.
§ 2. Ita alumni edoceantur, ut et ipsi habiles fiant ad quaestiones aptis
investigationibus propriis et scientifica methodo examinandas habeantur
igitur exercitationes, in quibus, sub moderamine magistrorum, alumni proprio
labore studia quaedam persolvere discant.
Can. 255 - Licet universa alumnorum in seminario formatio pastoralem
finem persequatur, institutio stricte pastoralis in eodem ordinetur, qua
alumni principia et artes addiscant quae, attentis quoque loci ac temporis
necessitatibus, ad ministerium Dei populum docendi, sanctificandi et regendi
exercendum pertineant.
Can. 256 - § 1. Diligenter instruantur alumni in iis quae peculiari
ratione ad sacrum ministerium spectant, praesertim in arte catechetica
et homiletica exercenda, in cultu divino peculiarique modo in sacramentis
celebrandis, in commercio cum hominibus, etiam noncatholicis vel non credentibus,
habendo, in paroecia administranda atque in ceteris muneribus adimplendis.
§ 2. Edoceantur alumni de universae Ecclesiae necessitatibus, ita ut sollicitudinem
habeant de vocationibus promovendis, de quaestionibus missionalibus, oecumenicis
necnon de aliis, socialibus quoque, urgentoribus.
Can. 257 - § 1. Alumnorum institutioni ita provideatur, ut non
tantum Ecclesiae particularis in cuius servitio incardinentur, sed universae
quoque Ecclesiae sollicitudinem habeant, atque paratos se exhibeant Ecclesiis
particularibus, quarum gravis urgeat necessitas, sese devovere.
§ 2. Curet Episcopus dioecesanus ut clerici, a propria Ecclesia particulari
ad Ecclesiam particularem alterius regionis transmigrare intendentes,
apte praeparentur ad ibidem sacrum ministerium exercendum, ut scilicet
et linguam regionis addiscant, et eiusdem institutorum, condicionum socialium,
usuum et consuetudinem intellegentiam habeant.
Can. 258 - Ut apostolatus exercendi artem in opere ipso etiam addiscant,
alumni, studiorum curriculo decurrente, praeserti, vero feriarum tempore,
praxi pastorali initientur per opportunas, sub moderamine semper sacerdotalis
periti, exercitationes, alumnorum aetati et locorum condicioni aptatas,
de iudicio Ordinarii determinandas.
Can. 259 - § 1. Episcopo dioecesano aut, si de seminario interdioecesano
agatur, Episcopis quorum interest, competit quae ad seminarii superius
regimen et administrationem spectant, decernere.
§ 2. Episcopus dioecesanus aut, si de seminario interdioecesano agatur,
Episcopi quorum interest, frequenter seminarium ipsi visitent, in formationem
suorum alumnorum necnon in institutionem, quae in eodem tradatur, philosophicam
et theologicam invigilent, et de alumnorum vocatione, indole, pietate
ac profectu cognitionem sibi comparent, maxime intuitu sacrarum ordinationum
conferendarum.
Can. 260 - Rectori, cuius est cotidianum moderamen curare seminarii,
ad normam quidem institutionis sacerdotalis Rationis ac seminarii ordinationis,
omnes in propriis muneribus adimplendis obtemperare debent.
Can. 261 - § 1. Seminarii rector itemque, sub eiusdem auctoritate,
moderatores et magistri pro parte sua curent ut alumni normas Ratione
institutionis sacerdotalis necnon seminarii ordinatione praescriptas adamussim
servent.
§ 2. Sedulo provideant seminarii rector atque studiorum moderatur ut magistri
suo munere rite fungantur, secundum praescripta Rationis institutionis
sacerdotalis ac seminarii ordinationis.
Can. 262 - Exemptum a regimine paroeciali seminarium esto: et pro
omnibusqui in seminario sunt, parochi officium, excepta materia matrimoniali
et firmo praescripto Can. 985, obeat seminarii rector eiusve delegatus.
Can. 263 - Episcopus dioecesanus vel, si de seminario interdioecesano
agatur, Episcopi quorum interest, pro parte ab eis communi consilio determinata,
curare debent ut provideatur seminarii constitutioni et conservationi,
alumnorum sustentationi necnon magistrorum remunerationi aliisque seminarii
necessitatibus.
Can. 264 - § 1. Ut seminarii necessitatibus provideatur, praeter
stipem de qua in Can. 1266, potest Episcopus in dioecesi tributum imponere.
§ 2. Tributo pro seminario obnoxiae sunt cunctae personae iuridicae ecclesiasticae
etiam privatae, quae sedem in dioecesi habeant, nisi solis eleemosynis
sustententur aut in eis collegium discentium vel docentium ad commune
Ecclesiae bonum promovendum actu habeantur; huiusmodi tributum debet esse
generale, reditibus eorum qui eidem obnoxii sunt proportionatum, atque
iuxta necessitates seminarii determinatum.
CAPUT II
DE CLERICORUM ADSCRIPTIONE SEU INCARDINATIONE
Can. 265 - Quemlibet clericum oportet esse incardinatum aut alicui
Ecclesiae particulari vel praelaturae personali, aut alicui instituto
vitae consecratae vel societati hac facultate praeditis, ita ut clerici
acephali seu vagi minime admittantur.
Can. 266 - § 1. Per receptum diaconatum aliquis fit clericus et
incardinatur Ecclesiae particulari vel praelaturae personali pro cuius
servitio promotus est.
§ 2. Sodalis in instituto religioso a votis perpetuis professus aut societati
clericali vitae apostolicae definitive incorporatus, per receptum diaconatum
incardinatur tamquam clericus eidem instituto aut societati, nisi ad societates
quod attinet aliter ferant constitutiones.
§ 3. Sodalis instituti saecularis per receptum diaconatum incardinatur
Ecclesiae particulari pro cuius servitio promotus est, nisi vi concessionis
Sedis Apostolicae ipsi instituto incardinetur.
Can. 267 - § 1. Ut clericus iam incardinatus alii Ecclesiae particulari
valide incardinetur, ab Episcopo dioecesano obtinere debet litteras ab
eodem subscriptas excardinationis; et pariter ab Episcopo dioecesano Ecclesiae
particularis cui se incardinari desiderat, litteras ab eodem subscriptas
incardinationis.
§ 2. Excardinatio ita concessa effectum non sortitur nisi incardinatione
obtenta in alia Ecclesia particulari.
Can. 268 - § 1. Clericus qui a propria Ecclesia particulari in
aliam legitime transmigraverit, huic Ecclesiae particulari, transacto
quinquennio, ipso iure incardinatur, si talem voluntatem in scriptis manifestaverit
tum Episcopo dioecesano Ecclesiae hospitis tum Episcopo dioecesano proprio,
neque horum alteruter ipsi contrariam scripto mentem intra quattuor menses
a receptis litteris significaverit.
§ 2. Per admissionem perpetuam aut definitivam in institutum vitae consecratae
aut in societatem vitae apostolicae, clericus qui, ad normam Can. 266,
§ 2, eidem instituto aut societati incardinatur, a propria Ecclesia particulari
excardinatur.
Can. 269 - Ad incardinationem clerici Episcopus dioecesanus ne
deveniat nisi:
1° necessitas aut utilitas suae Ecclesiae particularis id exigat, et salvis
praescriptis honestam sustentationem clericorum respicientibus;
2° ex legitimo documento sibi constiterit de concessa excardinatione,
et habuerit praeterea ab Episcopo dioecesano excardinanti, sub secreto
si opus sit, de clerici vita, moribus ac studiis opportuna testimonia;
3° clericus eidem Episcopo dioecesano scripto declaraverit se novae Ecclesiae
particularis servitio velle addici ad normam iuris.
Can. 270 - Excardinatio licite concedi potest iustis tantum de
causis, quales sunt Ecclesiae utilitas aut bonum ipsius clerici; denegari
autem nonpotest nisi exstantibus gravibus causis; licet tamen clerico,
qui se gravatum censuerit et Episcopum receptorem invenerit, contra decisionem
recurrere.
Can. 271 - § 1. Extra casum verae necessitatis Ecclesiae particularis
propriae, Episcopus dioecesanus ne deneget licentiam transmigrandi clericis,
quos paratos scit atque aptos aestimet qui regiones petant gravi cleri
inopia laborantes, ibidem sacrum ministerium peracturi; prospiciat vero
ut per conventionem scriptam cum Episcopo dioecesano loci, quem petunt,
iura et officia eorundem clericorum stabiliantur.
§ 2. Episcopus dioecesanus licentiam ad aliam Ecclesiam particularem transmigrandi
concedere potest suis clericis ad tempus praefinitum, etiam pluries renovandum,
ita tamen ut iidem clerici propriae Ecclesiae particulari incardinati
maneant, atque in eandem redeuntes omnibus gaudeant iuribus, quae haberent
si in ea sacro ministerio addicti fuissent.
§ 3. Clericus qui legitime in aliam Ecclesiam particularem transierit
propriae Ecclesiae manens incardinatus, a proprio Episcopo dioecesano
iusta de causa revocari potest, dummodo serventur conventiones cum altero
Episcopo initae atque naturalis aequitas; pariter, iisdem condicionibus
servatis, Episcopus dioecesanus alterius Ecclesiae particularis iusta
de causa poterit eidem clerico licentiam ulterioris commorationis in suo
territorio denegare.
Can. 272 - Excardinationem et incardinationem, itemque licentiam
ad aliam Ecclesiam particularem transmigrandi concedere nequit Administrator
dioecesanus, nisi post annum a vacatione sedis episcopalis, et cum consensu
collegii consultorum.
CAPUT III
DE CLERICORUM OBLIGATIONIBUS ET IURIBUS
Can. 273 - Clerici speciali obligatione tenentur Summo Pontifici
et suo quisque Ordinario reverentiam et oboedientiam exhibendi.
Can. 274 - § 1. Soli clerici obtinere possunt officia ad quorum
exercitium requiritur potestas ordinis aut potestas regiminis ecclesiastici.
§ 2. Clerici, nisi legitimo impedimento excusentur, munus, quod ipsis
a suo Ordinario commissum fuerit, suscipere ac fideliter adimplere tenentur.
Can. 275 - § 1. Clerici, quippe qui omnes ad unum conspirent opu |