Canon Law is the system of laws governing the internal running of Catholic Church. (The term also applies to the laws of Anglicanism, though these are much briefer and less
systematic). The pope, having supreme authority in the Catholic Church, is the ultimate arbiter of Canon Law, and it is by papal (not conciliar) authority that this law was codified in 1908, under pope Pius X and revised in 1983, under pope John Paul II.
Canon law has its roots in the publication of the decrees of various 3rd century
local church councils in the East and in North Africa, and their acceptance
as norms in other areas of the Church. With the legitimation of the Church and its rapid growth following emperor Constantine's conversion, a need was soon felt for a legal framework to govern Church activities.
Among the most significant Stages in the development of canon law in the West from the Constantine age (4th century) up to the Protestant Reformation (16th century) are:
1. The Council of Elvira (295-314) in Spain, which first set up an extensive legislation, soon
followed by Gaul in the first Council of Arles in 314. The Statuta
ecclesiae antiqua ("Ancient Statutes of the Church"), compiled about 480
Gennadius of Marseille, principally inspired by the Apostolic Constitutions.
2. The Liber Canonum ("Book of Canons") compiled about 500 by the Roman theologian
Dionysius Exiguus. He also composed a Liber Decretorum ("Book of Decretals") from Pope Siricius to Pope Anastasius II. Together, these books
formed the Codex canonum ("Code of Canons").
3. The 7th-century Hispana which was recognized by popes Alexander III and Innocent III as the authentic corpus canonum of the Spanish Church. After the 10th century the Hispana was also called the Isidoriana, attributed to Isidore of Seville.
4. The Libri
Poenitentiales ("penitential books") of monasteries in the British Isles,
which contained detailed catalogs of misdeeds with appropriate penances.
These poenitentiales spread throughout the Europe, through the monasteries
founded by the Irish monk St. Columban.
5. The Capitularia
Ecclesiastica ("Ecclesiastical Articles") produced in France, during the Carolingian reform in the middle of the 8th century. These served as models
for many bishops composing diocesan statutes for their clergy.
6. The "Decree of Burchard" (bishop of Worms from 1000 to 1025) became the canon-law
manual in the cathedral schools and in the curias (administrative
bureaucracies) of bishops and abbots in Germany, France, and Italy.
7. Gregorian canon
law - an instrument in the reform initiated by Pope Gregory VII (reigned
1073-85) against too much political interference in Church appointments -
stipulated that only canon law that is given or approved by the pope is
valid; and for possession of every ecclesiastical office, choice and
appointment by Church authorities is required.
8. The Decretum
Gratiani, composed about 1140 by the monk John Gratian became the definitive canonical collection of the entire preceding tradition. Gratian's
Decree dealt with the sources of the law, ordinations, elections, simony, law of procedure, ecclesiastical property, monks, heretics, schismatics, marriage,
penance, and sacraments and sacramentals. It provided a foundation for
systematic compilation of the legal material by later canonists and was the basis for the education in canon law that began in the schools of Bologna,
Paris, Orléans, Canterbury, Oxford, Padua, and elsewhere.
9. New papal laws
and decisions, called decretals, were at first added to Gratian's
Decretum, and were later gathered into separate collections, of which the best known was the Liber extra ("Book Outside"; i.e., of decretals not
in Gratian's Decretum) or Liber decretalium Gregorii IX ("Book of Decretals of Gregory IX"), composed by Raymond of Peñafort, a Spanish canonist, and
promulgated on September 5, 1234, as the exclusive codex for all of canon law
after Gratian.
10. The Council of Trent (1545-63) produced many disciplinary decrees, in response to the Protestant Reformation. Subsequently there was a marked move toward
centralization in the Roman Catholic Church and an increased tendency toward
uniformity of legislation emanating from the Holy See. At the same time, the large number of pontifical constitutions and of decrees from the Roman
congregations were not gathered into a consistent code of law. At the time of the Vatican Council (1869-70) Catholic bishops from all quarters of the world
petitioned for a codification of the canon law.
In 1904, Pope Pius X ordered the revision and codification of the canon law of the Latin Church. In 1918, the Codex
Juris Canonici (Code of Canon Law) went into force throughout the Latin
Church. It is superseded by the new Code, promulgated by Pope John Paul II in
1983, which takes account of many matters dealt with during the Second
Vatican Council.
This English
translation was prepared by the Canon Law Society of Great Britain and
Ireland, in association with the Canon Law Society of Australia and New
Zealand and the Canadian Canon Law Society.
Part I. Christ's Faithful
Part II. The Hierarchical Constitution of the Church
Part III. Institutes of Consecrated Life and Societies of Apostolic Life
Part I. Offences and Punishments In General
Title 1. The Punishment of Offences
Title 2. Penal Law and Penal Precept
Title 3. Those Who Are Liable To
Penal Sanctions
Title 4. Penalties and Other Punishments
Chapter 1. Censures
Chapter 2. Expiatory Penalties
Chapter 3. Penal Remedies and Penances
Title 5. The Application of Penalties
Title 6. The Cessation of Penalties
Part II. Penalties For Particular Offences
Title 1. Offences Against Religion
and the Unity of the Church
Title 2. Offences Against Church Authorities and the Freedom of the Church
Title 3. Usurpation of Ecclesiastical Offices and Offences in their Exercise
Title 4. The Offence of Falsehood
Title 5. Offences Against Special Obligations
Title 6. Offences Against Human Life and Liberty
Title 7. General Norm
Part I. Trials in General
Title 1. The Competent Forum
Title 2. Different Grades and Kinds of Tribunals
Part I. Trials in General
Chapter 1. The Tribunal of First Instance
Art. 1. The Judge
Art. 2. Auditors and Relators
Art. 3. The promoter of justice, the Defender of the Bond and the Notary
Chapter 2. The Tribunal of Second Instance
Chapter 3. The Tribunals of the Apostolic See
Title 3. The discipline to be observed In Tribunals
Chapter 1. The Duties of the Judges and of the Officers of the Tribunal
Chapter 2. The Ordering of the Hearing
Chapter 3. Time Limits and Postponements
Chapter 4. The Place of Trial
Chapter 5. Who May be Admitted To the Court; Compiling the Acts
Title 4. The Parties in the Case
Chapter 1. The Plaintiff and the Respondent
Chapter 2. Procurators and Advocates
Title 5. Actions and Exceptions
Chapter 1. Actions and Exceptions In General
Chapter 2. Actions and Exceptions In Particular
Part II. The Contentious Trial
Section I. The Ordinary Contentious Trial
Title 1. The Introduction of the Case
Chapter 1. The Petition Introducing the Suit
Chapter 2. The Summons and the Intimation of Judicial Acts
Title 2. The Joinder of the Issue
Title 3. The Trial of the Issue
Title 4. Proofs
Chapter 1. The Declarations of the Parties
Chapter 2. Documentary Proof
Art. 1. The Nature and Reliability of Documents
Art. 2. The Production of Documents
Chapter 3. Witnesses and Testimony
Art. 1. Those who can be Witnesses
Art. 2. The Introduction and the Exclusion of Witnesses
Art. 3. The Examination of Witnesses
Art. 4. The Credibility of Evidence
Chapter 4. Experts
Chapter 5. Judicial Access and Inspection
Chapter 6. Presumptions
Title 5. Incidental Matters
Chapter 1. The Non-Appearance of Parties
Chapter 2. The Intervention of a Third Party in a Case
Title 6. Publication of the Acts,
Conclusion of the Case and Pleadings
Title 7. The Pronouncements of the Judge
Title 8. Challenging the Judgement
Chapter 1. The Plaint of Nullity of the Judgement
Chapter 2. The Appeal
Title 9. Adjudged Matter and Total Reinstatement
Chapter 1. Adjudged Matter
Chapter 2. Total Reinstatement
Title 10. Judicial Expenses and Free Legal Aid
Title 11. The Execution of the Judgement
Section II. The Oral Contentious Process
Part III. Certain Special Processes
Title 1. Matrimonial Processes
Chapter 1. Cases Concerning the Declaration of Nullity of Marriage
Art. 1. The Competent Forum
Art. 2. The Right To Challenge the Validity of Marriage
Art. 3. The Duties of the Judges
Art. 4. Proofs
Art. 5. The Judgement and the Appeal
Art. 6. The Documentary Process
Art. 7. General Norms
Chapter 2. Cases Concerning the Separation of Spouses
Chapter 3. Dispensation From A Ratified and Non-Consummated Marriage
Chapter 4. The Process In the Case of the Presumed Death of A Spouse
Title 2. Cases For the Declaration of Nullity of Sacred Ordination
Title 3. Ways of Avoiding Trials
Part IV. The Penal Process
Chapter 1. The Preliminary Investigation
Chapter 2. The Course of the Process
Chapter 3. The Action To Compensate For Harm
Part V. The Manner of Procedure In the Removal or Transfer of Parish Priests
Section I. Recourse Against Administrative Decrees
Section II. The Procedure for the Removal or Transfer of Parish Priests
Chapter 1. The Procedure For the Removal of Parish Priests
Chapter 2. The Procedure For the Transfer of Parish Priests
Links to individual Canons
Canons 001-100
Canons 101-200
Canons 201-300
Canons 301-400
Canons 401-500
Canons 501-600
Canons 601-700
Canons 701-800
Canons 801-900
Canons 901-1000
Canons 1001-1100
Canons 1101-1200
Canons 1201-1300
Canons 1301-1400
Canons 1401-1500
Canons 1501-1600
Canons 1601-1700
Canons 1701-1752
Canons 001-100
001 002 003 004 005 006 007 008 009 010
011 012 013 014 015 016 017 018 019 020
021 022 023 024 025 026 027 028 029 030
031 032 033 034 035 036 037 038 039 040
041 042 043 044 045 046 047 048 049 050
051 052 053 054 055 056 057 058 059 060
061 062 063 064 065 066 067 068 069 070
071 072 073 074 075 076 077 078 079 080
081 082 083 084 085 086 087 088 089 090
091 092 093 094 095 096 097 098 099 100
Canons 101-200
101 102 103 104 105 106 107 108 109 110
111 112 113 114 115 116 117 118 119 120
121 122 123 124 125 126 127 128 129 130
131 132 133 134 135 136 137 138 139 140
141 142 143 144 145 146 147 148 149 150
161 152 153 154 155 156 157 158 159 160
161 162 163 164 165 166 167 168 169 170
171 172 173 174 175 176 177 178 179 180
181 182 183 184 185 186 187 188 189 190
191 192 193 194 195 196 197 198 199 200
Canons 201-300
201 202 203 204 205 206 207 208 209 210
211 212 213 214 215 216 217 218 219 220
221 222 223 224 225 226 227 228 229 230
231 232 233 234 235 236 237 238 239 240
241 242 243 244 245 246 247 248 249 250
261 252 253 254 255 256 257 258 259 260
261 262 263 264 265 266 267 268 269 270
271 272 273 274 275 276 277 278 279 280
281 282 283 284 285 286 287 288 289 290
291 292 293 294 295 296 297 298 299 300
Canons 301-400
301 302 303 304 305 306 307 308 309 310
311 312 313 314 315 316 317 318 319 320
321 322 323 324 325 326 327 328 329 330
331 332 333 334 335 336 337 338 339 340
341 342 343 344 345 346 347 348 349 350
361 352 353 354 355 356 357 358 359 360
361 362 363 364 365 366 367 368 369 370
371 372 373 374 375 376 377 378 379 380
381 382 383 384 385 386 387 388 389 390
391 392 393 394 395 396 397 398 399 400
Canons 401-500
401 402 403 404 405 406 407 408 409 410
411 412 413 414 415 416 417 418 419 420
421 422 423 424 425 426 427 428 429 430
431 432 433 434 435 436 437 438 439 440
441 442 443 444 445 446 447 448 449 450
461 452 453 454 455 456 457 458 459 460
461 462 463 464 465 466 467 468 469 470
471 472 473 474 475 476 477 478 479 480
481 482 483 484 485 486 487 488 489 490
491 492 493 494 495 496 497 498 499 500
Canons 501-600
501 502 503 504 505 506 507 508 509 510
511 512 513 514 515 516 517 518 519 520
521 522 523 524 525 526 527 528 529 530
531 532 533 534 535 536 537 538 539 540
541 542 543 544 545 546 547 548 549 550
561 552 553 554 555 556 557 558 559 560
561 562 563 564 565 566 567 568 569 570
571 572 573 574 575 576 577 578 579 580
581 582 583 584 585 586 587 588 589 590
591 592 593 594 595 596 597 598 599 600
Canons 601-700
601 602 603 604 605 606 607 608 609 610
611 612 613 614 615 616 617 618 619 620
621 622 623 624 625 626 627 628 629 630
631 632 633 634 635 636 637 638 639 640
641 642 643 644 645 646 647 648 649 650
661 652 653 654 655 656 657 658 659 660
661 662 663 664 665 666 667 668 669 670
671 672 673 674 675 676 677 678 679 680
681 682 683 684 685 686 687 688 689 690
691 692 693 694 695 696 697 698 699 700
Canons 701-800
701 702 703 704 705 706 707 708 709 710
711 712 713 714 715 716 717 718 719 720
721 722 723 724 725 726 727 728 729 730
731 732 733 734 735 736 737 738 739 740
741 742 743 744 745 746 747 748 749 750
761 752 753 754 755 756 757 758 759 760
761 762 763 764 765 766 767 768 769 770
771 772 773 774 775 776 777 778 779 780
781 782 783 784 785 786 787 788 789 790
791 792 793 794 795 796 797 798 799 800
Canons 801-900
801 802 803 804 805 806 807 808 809 810
811 812 813 814 815 816 817 818 819 820
821 822 823 824 825 826 827 828 829 830
831 832 833 834 835 836 837 838 839 840
841 842 843 844 845 846 847 848 849 850
861 852 853 854 855 856 857 858 859 860
861 862 863 864 865 866 867 868 869 870
871 872 873 874 875 876 877 878 879 880
881 882 883 884 885 886 887 888 889 890
891 892 893 894 895 896 897 898 899 900
Canons 901-1000
901 902 903 904 905 906 907 908 909 910
911 912 913 914 915 916 917 918 919 920
921 922 923 924 925 926 927 928 929 930
931 932 933 934 935 936 937 938 939 940
941 942 943 944 945 946 947 948 949 950
961 952 953 954 955 956 957 958 959 960
961 962 963 964 965 966 967 968 969 970
971 972 973 974 975 976 977 978 979 980
981 982 983 984 985 986 987 988 989 990
991 992 993 994 995 996 997 998 999 1000
Canons 1001-1100
1001 1002 1003 1004 1005 1006 1007 1008 1009 1010
1011 1012 1013 1014 1015 1016 1017 1018 1019 1020
1021 1022 1023 1024 1025 1026 1027 1028 1029 1030
1031 1032 1033 1034 1035 1036 1037 1038 1039 1040
1041 1042 1043 1044 1045 1046 1047 1048 1049 1050
1061 1052 1053 1054 1055 1056 1057 1058 1059 1060
1061 1062 1063 1064 1065 1066 1067 1068 1069 1070
1071 1072 1073 1074 1075 1076 1077 1078 1079 1080
1081 1082 1083 1084 1085 1086 1087 1088 1089 1090
1091 1092 1093 1094 1095 1096 1097 1098 1099 1100
Canons 1101-1200
1101 1102 1103 1104 1105 1106 1107 1108 1109 1110
1111 1112 1113 1114 1115 1116 1117 1118 1119 1120
1121 1122 1123 1124 1125 1126 1127 1128 1129 1130
1131 1132 1133 1134 1135 1136 1137 1138 1139 1140
1141 1142 1143 1144 1145 1146 1147 1148 1149 1150
1161 1152 1153 1154 1155 1156 1157 1158 1159 1160
1161 1162 1163 1164 1165 1166 1167 1168 1169 1170
1171 1172 1173 1174 1175 1176 1177 1178 1179 1180
1181 1182 1183 1184 1185 1186 1187 1188 1189 1190
1191 1192 1193 1194 1195 1196 1197 1198 1199 1200
Canons 1201-1300
1201 1202 1203 1204 1205 1206 1207 1208 1209 1210
1211 1212 1213 1214 1215 1216 1217 1218 1219 1220
1221 1222 1223 1224 1225 1226 1227 1228 1229 1230
1231 1232 1233 1234 1235 1236 1237 1238 1239 1240
1241 1242 1243 1244 1245 1246 1247 1248 1249 1250
1261 1252 1253 1254 1255 1256 1257 1258 1259 1260
1261 1262 1263 1264 1265 1266 1267 1268 1269 1270
1271 1272 1273 1274 1275 1276 1277 1278 1279 1280
1281 1282 1283 1284 1285 1286 1287 1288 1289 1290
1291 1292 1293 1294 1295 1296 1297 1298 1299 1300
Canons 1301-1400
1301 1302 1303 1304 1305 1306 1307 1308 1309 1310
1311 1312 1313 1314 1315 1316 1317 1318 1319 1320
1321 1322 1323 1324 1325 1326 1327 1328 1329 1330
1331 1332 1333 1334 1335 1336 1337 1338 1339 1340
1341 1342 1343 1344 1345 1346 1347 1348 1349 1350
1361 1352 1353 1354 1355 1356 1357 1358 1359 1360
1361 1362 1363 1364 1365 1366 1367 1368 1369 1370
1371 1372 1373 1374 1375 1376 1377 1378 1379 1380
1381 1382 1383 1384 1385 1386 1387 1388 1389 1390
1391 1392 1393 1394 1395 1396 1397 1398 1399 1400
Canons 1401-1500
1401 1402 1403 1404 1405 1406 1407 1408 1409 1410
1411 1412 1413 1414 1415 1416 1417 1418 1419 1420
1421 1422 1423 1424 1425 1426 1427 1428 1429 1430
1431 1432 1433 1434 1435 1436 1437 1438 1439 1440
1441 1442 1443 1444 1445 1446 1447 1448 1449 1450
1461 1452 1453 1454 1455 1456 1457 1458 1459 1460
1461 1462 1463 1464 1465 1466 1467 1468 1469 1470
1471 1472 1473 1474 1475 1476 1477 1478 1479 1480
1481 1482 1483 1484 1485 1486 1487 1488 1489 1490
1491 1492 1493 1494 1495 1496 1497 1498 1499 1500
Canons 1501-1600
1501 1502 1503 1504 1505 1506 1507 1508 1509 1510
1511 1512 1513 1514 1515 1516 1517 1518 1519 1520
1521 1522 1523 1524 1525 1526 1527 1528 1529 1530
1531 1532 1533 1534 1535 1536 1537 1538 1539 1540
1541 1542 1543 1544 1545 1546 1547 1548 1549 1550
1561 1552 1553 1554 1555 1556 1557 1558 1559 1560
1561 1562 1563 1564 1565 1566 1567 1568 1569 1570
1571 1572 1573 1574 1575 1576 1577 1578 1579 1580
1581 1582 1583 1584 1585 1586 1587 1588 1589 1590
1591 1592 1593 1594 1595 1596 1597 1598 1599 1600
Canons 1601-1700
1601 1602 1603 1604 1605 1606 1607 1608 1609 1610
1611 1612 1613 1614 1615 1616 1617 1618 1619 1620
1621 1622 1623 1624 1625 1626 1627 1628 1629 1630
1631 1632 1633 1634 1635 1636 1637 1638 1639 1640
1641 1642 1643 1644 1645 1646 1647 1648 1649 1650
1651 1652 1653 1654 1655 1656 1657 1658 1659 1660
1661 1662 1663 1664 1665 1666 1667 1668 1669 1670
1671 1672 1673 1674 1675 1676 1677 1678 1679 1680
1681 1682 1683 1684 1685 1686 1687 1688 1689 1690
1691 1692 1693 1694 1695 1696 1697 1698 1699 1700
Canons 1701-1752
1701 1702 1703 1704 1705 1706 1707 1708 1709 1710
1711 1712 1713 1714 1715 1716 1717 1718 1719 1720
1721 1722 1723 1724 1725 1726 1727 1728 1729 1730
1731 1732 1733 1734 1735 1736 1737 1738 1739 1740
1741 1742 1743 1744 1745 1746 1747 1748 1749 1750
1751 1752
Book 1. - General Norms (canons 1-203)
Prolegomena (canons 1-6)
Can. 1
The canons of this Code concern only the Latin Church.
Can. 2
For the most part
the Code does not determine the rites to be observed in the celebration of liturgical actions. Accordingly, liturgical laws which have been in effect
hitherto retain their force, except those which may be contrary to the canons of the Code.
Can. 3
The canons of the Code do not abrogate, nor do they derogate from, agreements entered into by
the Apostolic See with nations or other civil entities. For this reason,
these agreements continue in force as hitherto, notwithstanding any contrary
provisions of this Code.
Can. 4
Acquired rights,
and likewise privileges hitherto granted by the Apostolic See to either
physical or juridical persons, which are still in use and have not been
revoked, remain intact, unless they are expressly revoked by the canons of this Code.
Can. 5
§1 Universal or
particular customs which have been in effect up to now but are contrary to
the provisions of these canons and are reprobated in the canons of this Code,
are completely suppressed, and they may not be allowed to revive in the future. Other contrary customs are also to be considered suppressed, unless
the Code expressly provides otherwise, or unless they are centennial or
immemorial. These latter may be tolerated if the Ordinary judges that, in the circumstances of place and person, they cannot be removed.
§2 Customs apart
from the law, whether universal or particular, which have been in effect
hitherto, are retained.
Can. 6
§1 When this Code
comes into force, the following are abrogated.
1. The Code of Canon Law promulgated in 1917;
2. other laws, whether universal or particular, which are contrary to the provisions of this Code, unless it is otherwise expressly provided in respect of particular laws;
3. all penal laws enacted by the Apostolic See, whether universal or
particular, unless they are resumed in this Code itself;
4. any other universal disciplinary laws concerning matters which are
integrally reordered by this Code.
§2 To the extent
that the canons of this Code reproduce the former law, they are to be
assessed in the light also of canonical tradition.
Title 1. Ecclesiastical
Laws (canons 7-22)
Can. 7
A law comes into
being when it is promulgated.
Can. 8
§1 Universal
ecclesiastical laws are promulgated by publication in the Acta Apostolicae
Sedis, unless in particular cases another manner of promulgation has been
prescribed. They come into force only on the expiry of three months from the date appearing on the particular issue of the Acta, unless because of the nature of the case they bind at once, or unless a shorter or a longer
interval has been specifically and expressly prescribed in the law itself.
§2 Particular
laws are promulgated in the manner determined by the legislator; they begin
to oblige one month from the date of promulgation, unless a different period
is prescribed in the law itself.
Can. 9
Laws concern matters of the future, not those of the past, unless provision is made in them for
the latter by name.
Can. 10
Only those laws
are to be considered invalidating or incapacitating which expressly prescribe
that an act is null or that a person is incapable.
Can. 11
Merely
ecclesiastical laws bind those who were baptised in the catholic Church or
received into it, and who have a sufficient use of reason and, unless the law
expressly provides otherwise, who have completed their seventh year of age.
Can. 12
§1 Universal laws
are binding everywhere on all those for whom they were enacted.
§2 All those
actually present in a particular territory in which certain universal laws
are not in force, are exempt from those laws.
§3 Without
prejudice to the provisions of can. 13, laws enacted for a particular
territory bind those for whom they were enacted and who have a domicile or
quasi-domicile in that territory and are actually residing in it.
Can. 13
§1 Particular
laws are not presumed to be personal, but rather territorial, unless the contrary is clear.
§2 Peregrini are
not bound.
1. by the particular laws of their own territory while they are absent from
it, unless the transgression of those laws causes harm in their own
territory, or unless the laws are personal
2. by the laws of the territory in which they are present, except for those
laws which take care of public order, or determine the formalities of legal
acts, or concern immovable property located in the territory.
§3 Vagi are bound
by both the universal and the particular laws which are in force in the place
in which they are present.
Can. 14
Laws, even
invalidating and incapacitating ones, do not oblige when there is a doubt of law. When there is a doubt of fact, however Ordinaries can dispense from them
provided, if there is question of a reserved dispensation, it is one which
the authority to whom it is reserved Is accustomed to grant.
Can. 15
§1 Ignorance or
error concerning invalidating or incapacitating laws does not prevent the effect of those laws, unless it is expressly provided otherwise.
§2 Ignorance or
error is not presumed about a law, a penalty, a fact concerning oneself, or a
notorious fact concerning another. It is presumed about a fact concerning
another which is not notorious, until the contrary is proved.
Can. 16
§1 Laws are
authentically interpreted by the legislator and by that person to whom the legislator entrusts the power of authentic interpretation.
§2 An authentic
interpretation which is presented by way of a law has the same force as the law itself, and must be promulgated. If it simply declares the sense of words
which are certain in themselves, it has retroactive force. If it restricts or
extends the law or resolves a doubt, it is not retroactive.
§3 On the other
hand, an interpretation by way of a court judgement or of an administrative
act in a particular case, does not have the force of law. It binds only those
persons and affects only those matters for which it was given.
Can. 17
Ecclesiastical
laws are to be understood according to the proper meaning of the words
considered in their text and context. If the meaning remains doubtful or
obscure, there must be recourse to parallel places, if there be any, to the purpose and circumstances of the law, and to the mind of the legislator.
Can. 18
Laws which
prescribe a penalty, or restrict the free exercise of rights, or contain an
exception to the law, are to be interpreted strictly.
Can. 19
If on a
particular matter there is not an express provision of either universal or
particular law, nor a custom, then, provided it is not a penal matter, the question is to be decided by taking into account laws enacted in similar
matters, the general principles of law observed with canonical equity, the jurisprudence and practice of the Roman Curia, and the common and constant
opinion of learned authors.
Can. 20
A later law
abrogates or derogates from an earlier law, if it expressly so states, or if
it is directly contrary to that law, or if it integrally reorders the whole
subject matter of the earlier law. A universal law, however, does not
derogate from a particular or from a special law, unless the law expressly
provides otherwise.
Can. 21
In doubt, the revocation of a previous law is not presumed; rather, later laws are to be
related to earlier ones and, as far as possible, harmonised with them.
Can. 22
When the law of the Church remits some issue to the civil law, the latter is to be observed
with the same effects in canon law, insofar as it is not contrary to divine
law, and provided it is not otherwise stipulated in canon law.
Title 2. Custom
(canons 23-28)
Can. 23
A custom
introduced by a community of the faithful has the force of law only if it has
been approved by the legislator, in accordance with the following canons.
Can. 24
§1 No custom
which is contrary to divine law can acquire the force of law.
§2 A custom which
is contrary to or apart from canon law, cannot acquire the force of law
unless it is reasonable; a custom which is expressly reprobated in the law is
not reasonable.
Can. 25
No custom acquires
the force of law unless it has been observed, with the intention of introducing a law, by a community capable at least of receiving a law.
Can. 26
Unless it has
been specifically approved by the competent legislator, a custom which is
contrary to the canon law currently in force, or is apart from the canon law,
acquires the force of law only when it has been lawfully observed for a
period of thirty continuous and complete years. Only a centennial or
immemorial custom can prevail over a canonical law which carries a clause
forbidding future customs.
Can. 27
Custom is the best interpreter of laws.
Can. 28
Without prejudice
to the provisions of can. 5, a custom, whether contrary to or apart from the law, is revoked by a contrary custom or law. But unless the law makes express
mention of them, it does not revoke centennial or immemorial customs, nor
does a universal law revoke particular customs.
Title 3. General
Decrees and Instructions (canons 29-34)
Can. 29
General decrees,
by which a competent legislator makes common provisions for a community
capable of receiving a law, are true laws and are regulated by the provisions of the canons on laws.
Can. 30
A general decree,
as in can. 29, cannot be made by one who has only executive power, unless in
particular cases this has been expressly authorised by the competent
legislator in accordance with the law, and provided the conditions prescribed
in the act of authorisation are observed.
Can. 31
§1 Within the limits of their competence, those who have executive power can issue general
executory decrees, that is, decrees which define more precisely the manner of applying a law, or which urge the observance of laws.
§2 The provisions of can. 8 are to be observed in regard to the promulgation, and to the interval before the coming into effect, of the decrees mentioned in §1.
Can. 32
General executory
decrees which define the manner of application or urge the observance of laws, bind those who are bound by the laws.
Can. 33
§1 General
executory decrees, even if published in directories or other such documents,
do not derogate from the law, and any of their provisions which are contrary
to the law have no force.
§2 These decrees
cease to have force by explicit or implicit revocation by the competent
authority, and by the cessation of the law for whose execution they were
issued. They do not cease on the expiry of the authority of the person who
issued them, unless the contrary is expressly provided.
Can. 34
§1 Instructions,
namely, which set out the provisions of a law and develop the manner in which
it is to be put into effect, are given for the benefit of those whose duty it
is to execute the law, and they bind them in executing the law. Those who
have executive power may, within the limits of their competence, lawfully
publish such instructions.
§2 The
regulations of an instruction do not derogate from the law, and if there are
any which cannot be reconciled with the provisions of the law they have no
force.
§3 Instructions
cease to have force not only by explicit or implicit revocation by the competent authority who published them or by that authoritys superior, but
also by the cessation of the law which they were designed to set out and execute.
Title 4. Singular
Administrative Acts (canons 35-93)
Chapter 1. Common Norms
Can. 35
Within the limits of his or her competence, one who has executive power can issue a singular
administrative act, either by decree or precept, or by rescript, without
prejudice to can. 76 §1.
Can. 36
§1 An
administrative act is to be understood according to the proper meaning of the words and the common manner of speaking. In doubt, a strict interpretation is
to be given to those administrative acts which concern litigation or threaten
or inflict penalties, or restrict the rights of persons, or harm the acquired
rights of others, or run counter to a law in favour of private persons; all
other administrative acts are to be widely interpreted.
§2 Administrative
acts must not be extended to cases other than those expressly stated.
Can. 37
An administrative
act which concerns the external forum is to be effected in writing; likewise,
if it requires an executor, the act of execution is to be in writing.
Can. 38
An administrative
act, even if there is question of a rescript given Motu proprio, has no effect
in so far as it harms the acquired right of another, or is contrary to a law
or approved custom, unless the competent authority has expressly added a
derogatory clause.
Can. 39
Conditions
attached to an administrative act are considered to concern validity only
when they are expressed by the particles if, unless, provided
that.
Can. 40
The executor of any administrative act cannot validly carry out this office before receiving
the relevant document and establishing its authenticity and integrity, unless
prior notice of this document has been conveyed to the executor on the authority of the person who issued the administrative act.
Can. 41
The executor of an administrative act to whom the task of execution only is entrusted, cannot
refuse to execute it, unless it is quite clear that the act itself is null,
or that it cannot for some other grave reason be sustained, or that the conditions attached to the administrative act itself have not been fulfilled.
If, however, the execution of the administrative act would appear to be
inopportune, by reason of the circumstances of person or place, the executor
is to desist from the execution, and immediately inform the person who issued
the act.
Can. 42
The executor of an administrative act must proceed in accordance with the mandate. If,
however, the executor has not fulfilled essential conditions attached to the document, or has not observed the substantial form of procedure, the execution is invalid.
Can. 43
The executor of an administrative act may in his prudent judgement substitute another for
himself, unless substitution has been forbidden, or he has been deliberately
chosen as the only person to be executor, or a specific person has been
designated as substitute; however, in these cases the executor may commit the preparatory acts to another.
Can. 44
An administrative
act can also be executed by the executors successor in office, unless the first had been chosen deliberately as the only person to be executor.
Can. 45
If there has been
any error in the execution of an administrative act, the executor may execute
it again.
Can. 46
An administrative
act does not cease on the expiry of the authority of the person issuing it,
unless the law expressly provides otherwise.
Can. 47
The revocation of an administrative act by another administrative act of the competent
authority takes effect only from the moment at which the person to whom it
was issued is lawfully notified.
Chapter 2. Singular Decrees and Precepts
Can. 48
A singular decree
is an administrative act issued by a competent executive authority, whereby
in accordance with the norms of law a decision is given or a provision made
for a particular case; of its nature this decision or provision does not
presuppose that a petition has been made by anyone.
Can. 49
A singular
precept is a decree by which an obligation is directly and lawfully imposed
on a specific person or persons to do or to omit something, especially in
order to urge the observance of a law.
Can. 50
Before issuing a
singular decree, the person in authority is to seek the necessary information
and proof and, as far as possible, is to consult those whose rights could be
harmed.
Can. 51
A decree is to be
issued in writing. When it is a decision, it should express, at least in
summary form, the reasons for the decision.
Can. 52
A singular decree
has effect in respect only of those matters it determines and of those
persons to whom it was issued; it obliges such persons everywhere, unless it
is otherwise clear.
Can. 53
If decrees are
contrary one to another, where specific matters are expressed, the specific
prevails over the general; if both are equally specific or equally general,
the one later in time abrogates the earlier insofar as it is contrary to it.
Can. 54
§1 A singular
decree whose application is entrusted to an executor, has effect from the moment of execution; otherwise, from the moment when it is made known to the person on the authority of the one who issued it.
§2 For a singular
decree to be enforceable, it must be made known by a lawful document in
accordance with the law.
Can. 55
Without prejudice
to cann. 37 and 51, whenever a very grave reason prevents the handing over of the written text of a decree, the decree is deemed to have been made known if
it is read to the person to whom it is directed, in the presence of a notary
or two witnesses - a record of the occasion is to be drawn up and signed by
all present.
Can. 56
A decree is
deemed to have been made known if the person to whom it is directed has been
duly summoned to receive or to hear the decree, and without a just reason has
not appeared or has refused to sign.
Can. 57
§1 Whenever the law orders a decree to be issued, or when a person who is concerned lawfully
requests a decree or has recourse to obtain one, the competent authority is
to provide for the situation within three months of having received the petition or recourse, unless a different period of time is prescribed by law.
§2 If this period of time has expired and the decree has not yet been given, then as far as
proposing a further recourse is concerned, the reply is presumed to be
negative.
§3 A presumed
negative reply does not relieve the competent authority of the obligation of issuing the decree, and, in accordance with can. 128, of repairing any harm
done.
Can. 58
§1 A singular
decree ceases to have force when it is lawfully revoked by the competent
authority, or when the law ceases for whose execution it was issued.
§2 A singular
precept, which was not imposed by a lawful document, ceases on the expiry of the authority of the person who issued it.
Chapter 3. 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
someones 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 persons 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 persons 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 Bishops
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 executors 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 4. 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 5. 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 5. Statutes
and Ordinances (canons 94-95)
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 6. Physical
and Juridical Persons (canons 96-123)
Chapter 1. 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 ones 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 2. 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 on 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 on 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 7.
Juridical Acts (canons 124-129)
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 partys 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 Superiors 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 Superiors 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 8. Power of Governance (canons 129-144)
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 are 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.
Title 9.
Ecclesiastical Offices (canons 145-196)
Basics
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 1. The Provision of Ecclesiastical Office
Can. 146
An ecclesiastical office cannot be validly obtained without canonical provision.
Art. 1. Free
Conferral
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 on 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 on anyone.
Can. 153
§1 The provision of an office which in law is not vacant is by that very fact invalid, nor
does it become valid by subsequent vacancy.
§2 If, however,
there is question of an office which by law is conferred for a determinate
time, provision can be made within six months before the expiry of this time,
and it takes effect from the day the office falls vacant.
§3 The promise of any office, by whomsoever it is made, has no juridical effect.
Can. 154
An office which
in law is vacant, but which someone unlawfully still holds, may be conferred,
provided that it has been properly declared that such possession is not
lawful, and that mention is made of this declaration in the letter of conferral.
Can. 155
One who confers
an office in the place of another who is negligent or impeded, does not
thereby acquire any power over the person on whom the office is conferred;
the juridical condition of the latter is the same as if the provision of the office had been carried out in accordance with the ordinary norm of law.
Can. 156
The provision of any office is to be made in writing.
Can. 157
Unless the law
expressly states otherwise, it is the prerogative of the diocesan Bishop to
make appointments to ecclesiastical offices in his own particular Church by
free conferral.
Art. 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.
Art. 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.
Art. 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 2. 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.
Art. 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.
Art. 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.
Art. 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 on someone at
the prudent discretion of the competent authority, that person may, on 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 on 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 persons livelihood depends, the same authority is to
ensure that the persons livelihood is secure for an appropriate time, unless
this has been provided for in some other way.
Art. 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.
Title 10.
Prescription (canons 197-199)
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.
Title 11. The
Reckoning of Time (canons 200-203)
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.
Book 2. - The People of God (canons 204-746)
Part I. Christ's
Faithful (Canons 204 - 329)
Basics (canons 204-207)
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 1. The
Obligations and Rights of All Christ's Faithful (canons 208-223)
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 on 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 Lords 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 2. The
Obligations and Rights of the Lay Members of Christ's Faithful (canons 224-231)
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 ones 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 3. Sacred
Ministers or Clerics (canons 232-293)
Chapter 1. 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 rectors 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 peoples 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 on 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 2. 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 clerics
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 clerics 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 3. 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 anothers 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 4. 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 4.
Personal Prelatures (canons 294-297)
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 5.
Associations of Christ's Faithful (canons 298-329)
Chapter 1. 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 associations 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 2. 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 on 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 3. 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 4. 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 (Canons 330 - 572)
Section I. The
Supreme Authority of the Church
Chapter 1. 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.
Art. 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.
Art. 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 2. 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 3. 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 4. 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 5. 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 Legates 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 1. Particular Churches and the Authority Constituted Within Them
Chapter 1. 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 2. Bishops
Art. 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.
Art. 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 faithfuls 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.
Art. 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 3. The Impeded or Vacant See
Art. 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 on 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.
Art. 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 Bishops 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 on the auxiliary Bishop.
If there are a
number of auxiliary Bishops, it devolves on the senior by promotion. If there
is no auxiliary Bishop, it devolves on 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 on 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 on 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 2.
Groupings of Particular Churches
Chapter 1. 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 2. 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 3. 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 4. 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 3. The
Internal Ordering of Particular Churches
Chapter 1. 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 2. 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 7 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 Bishops 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 Bishops 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.
Art. 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.
Art. 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.
Art. 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 5 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 3. 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 Bishops senate. The councils 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 Bishops
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 4. 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 5. 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 6. 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 donors 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 priests
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 7. 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 8. Rectors of Churches and Chaplains
Art. 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.
Art. 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 (Canons 573 - 747)
-A. Institutes of Consecrated Life (Canons 573 - 730)
Title 1. 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 Gods 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 institutes 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 institutes 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 institutes 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 to death, obliges submission of ones will to lawful Superiors, who act in the place of God when they give
commands that are in accordance with each institutes 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 2.
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 1. 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 institutes 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 2. The Governance of Institutes
Art. 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 Gods 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 institutes 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 institutes
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 institutes 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 institutes 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 institutes own law is to determine
the cases in which the validity of an act depends on consent or advice being
sought in accordance with can. 127.
Can. 628
§1 Superiors who
are designated for this office by the institutes 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 institutes 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 institutes 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.
Art. 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 institutes 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 institutes 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 institutes
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 institutes 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.
Art. 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 5 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 institutes 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 institutes 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
institutes 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 institutes 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 3. The Admission of Candidates and the Formation of Members
Art. 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 institutes 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 institutes
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 institutes
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.
Art. 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 institutes
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 institutes own law, but for a period
not exceeding six months.
Art. 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 institutes 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 institutes 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 institutes 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.
Art. 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 institutes
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 institutes 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 4. 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
lengyour 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 institutes 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 institutes 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 institutes 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 institutes 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 institutes 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 institutes 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 5. 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 on 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 persons 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 others 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 institutes 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 6. The Separation of Members From the Institute
Art. 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 institutes own law has established
further conditions. A new profession is not required.
§4 The institutes
own law is to determine the time and manner of the probation which must precede
the members 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.
Art. 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.
Art. 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 institutes own law.
§2 A member in
temporary vows can be dismissed even for less grave reasons determined in the institutes 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 7. 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 8. 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 3. 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 members
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 institutes 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 institutes 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 5 on the Temporal
Goods of the Church, and by the institutes 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.
-B. Societies of Apostolic Life (canons 731-747)
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
societys own law.
§2 For admission
into the society, the conditions prescribed in cann. 642-645 are to be
observed.
§3 The societys
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 5 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 members 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 on 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.
Book 3. - The Teaching Office of the Church (canons 747-833)
Basics (Canons 747 - 755)
Can. 747
§1 It is the obligation and inherent right of the Church, independent of any human
authority, to preach the Gospel to all peoples, using for this purpose even
its own means of social communication, for it is to the Church that Christ
the Lord entrusted the deposit of faith, so that by the assistance of the Holy Spirit, it might conscientiously guard revealed truth, more intimately
penetrate it, and faithfully proclaim and expound it.
§2 The Church has
the right always and everywhere to proclaim moral principles, even in respect of the social order, and to make judgements about any human matter in so far
as this is required by fundamental human rights or the salvation of souls.
Can. 748
§1 All are bound
to seek the truth in the matters which concern God and his Church; when they
have found it, then by divine law they are bound, and they have the right, to
embrace and keep it.
§2 It is never
lawful for anyone to force others to embrace the catholic faith against their
conscience.
Can. 749
§1 In virtue of his office the Supreme Pontiff is infallible in his teaching when, as chief
Shepherd and Teacher of all Christ's faithful, with the duty of strengthening
his brethren in the faith, he proclaims by definitive act a doctrine to be
held concerning faith or morals.
§2 The College of Bishops also possesses infallibility in its teaching when the Bishops,
gathered together in an Ecumenical Council and exercising their magisterium
as teachers and judges of faith and morals, definitively declare for the universal Church a doctrine to be held concerning faith or morals; likewise,
when the Bishops, dispersed throughout the world but maintaining the bond of union among themselves and with the successor of Peter, together with the same
Roman Pontiff authentically teach matters of faith or morals, and are agreed
that a particular teaching is definitively to be held.
§3 No doctrine is
understood to be infallibly defined unless this is manifestly demonstrated.
Can. 750
Those things are
to be believed by divine and catholic faith which are contained in the word of God as it has been written or handed down by tradition, that is, in the single deposit of faith entrusted to the Church, and which are at the same
time proposed as divinely revealed either by the solemn magisterium of the Church, or by its ordinary and universal magisterium, which is manifested by
the common adherence of Christ's faithful under the guidance of the sacred
magisterium. All are therefore bound to shun any contrary doctrines.
Can. 751
Heresy is the obstinate denial or doubt, after baptism, of a truth which must be believed
by divine and catholic faith. Apostasy is the total repudiation of the christian faith. Schism is the withdrawal of submission to the Supreme
Pontiff or from communion with the members of the Church subject to him.
Can. 752
While the assent of faith is not required, a religious submission of intellect and will is to
be given to any doctrine which either the Supreme Pontiff or the College of Bishops, exercising their authentic magisterium, declare on a matter of faith
or morals, even though they do not intend to proclaim that doctrine by
definitive act. Christ's faithful are therefore to ensure that they avoid
whatever does not accord with that doctrine.
Can. 753
Whether they
teach individually, or in Episcopal Conferences, or gathered together in
particular councils, Bishops in communion with the head and the members of the College, while not infallible in their teaching, are the authentic
instructors and teachers of the faith for Christ's faithful entrusted to
their care. The faithful are bound to adhere, with a religious submission of mind, to this authentic magisterium of their Bishops.
Can. 754
All Christ's
faithful are obliged to observe the constitutions and decrees which lawful
ecclesiastical authority issues for the purpose of proposing doctrine or of proscribing erroneous opinions; this is particularly the case of those
published by the Roman Pontiff or by the College of Bishops.
Can. 755
§1 It pertains
especially to the entire College of Bishops and to the Apostolic See to
foster and direct among catholics the ecumenical movement, the purpose of which is the restoration of unity between all christians which, by the will of Christ, the Church is bound to promote.
§2 It is a matter
likewise for Bishops and, in accordance with the law, for Episcopal
Conferences, to promote this same unity and, in line with the various needs
and opportunities of the circumstances, to issue practical norms which accord
with the provisions laid down by the supreme authority of the Church.
Title 1. The
Ministry of the Divine Word (Canons 756 - 780)
Can. 756
§1 The office of preaching the Gospel to the whole Church has been committed principally to
the Roman Pontiff and to the College of Bishops.
§2 For the particular Churches entrusted to them, that office is exercised by the individual Bishops, who are the moderators of the entire ministry of the word
in their Churches. Sometimes, however, in accordance with the law, a number of Bishops simultaneously carry out that office together in respect of a
number of different Churches.
Can. 757
It belongs to
priests, as co-operators of the Bishops, to proclaim the Gospel of God. For
the people entrusted to their care, this task rests especially on parish
priests, and on other priests entrusted with the care of souls. Deacons also
are to serve the people of God in the ministry of the word, in union with the Bishop and his presbyterium.
Can. 758
By reason of their consecration to God, members of institutes of consecrated life bear
particular witness to the Gospel, and so are fittingly called on by the Bishop to help in proclaiming the Gospel.
Can. 759
The lay members of Christ's faithful, by reason of their baptism and confirmation, are witnesses
to the good news of the Gospel, by their words and by the example of their
christian life. They can also be called on to cooperate with Bishops and priests in the exercise of the ministry of the word.
Can. 760
The mystery of Christ is to be faithfully and fully presented in the ministry of the word,
which must be founded on sacred Scripture, Tradition, liturgy and the magisterium and life of the Church.
Can. 761
While pride of place must always be given to preaching and catechetical instruction, all the available means of proclaiming christian doctrine are to be used: the exposition of doctrine in schools, in institutes of higher learning, at
conferences and meetings of all kinds; public declarations by lawful
authority on the occasion of certain events; the printed word and other means of social communication.
Chapter 1. Preaching the Word of God
Can. 762
The people of God
are first united through the word of the living God, and are fully entitled
to seek this word from their priests. For this reason sacred ministers are to
consider the office of preaching as of great importance, since proclaiming
the Gospel of God to all is among their principal duties.
Can. 763
Bishops have the right to preach the word of God everywhere, even in Churches and oratories of religious institutes of pontifical right, unless the local Bishop has
expressly forbidden it in particular cases.
Can. 764
Without prejudice
to the provisions of can. 765, priests and deacons, with the at least
presumed consent of the rector of a Church, have the faculty to preach
everywhere, unless this faculty has been restricted or removed by the competent Ordinary, or unless particular law requires express permission.
Can. 765
To preach to
religious in their Churches or oratories, permission is required of the Superior who is competent according to their constitutions.
Can. 766
The laity may be
allowed to preach in a Church or oratory if in certain circumstances it is
necessary, or in particular cases it would be advantageous, according to the provisions of the Episcopal Conference and without prejudice to can. 767 §1.
Can. 767
§1 The most
important form of preaching is the homily, which is part of the liturgy, and is reserved to a priest or deacon. In the course of the liturgical year, the mysteries of faith and the rules of christian living are to be expounded in
the homily from the sacred text.
§2 At all Masses
on Sundays and holydays of obligation, celebrated with a congregation, there
is to be a homily and, except for a grave reason, this may not be omitted.
§3 It is strongly
recommended that, if a sufficient number of people are present, there be a
homily at weekday Masses also, especially during Advent and Lent, or on a
feast day or an occasion of grief.
§4 It is the responsibility of the parish priest or the rector of a Church to ensure that
these provisions are carefully observed.
Can. 768
§1 Those who
announce the word of God to Christ's faithful are first and foremost to set
out those things which it is necessary to believe and to practise for the glory of God and the salvation of all.
§2 They are also
to explain to the faithful the teaching of the magisterium of the Church
concerning the dignity and freedom of the human person; the unity, stability
and duties of the family; peoples social obligations and the ordering of temporal affairs according to the plan established by God.
Can. 769
Christian
teaching is to be explained in a manner that is suited to the condition of the hearers and adapted to the circumstances of the times.
Can. 770
At certain times,
according to the regulations of the diocesan Bishop, parish priests are to
arrange for sermons in the form of retreats and missions, as they are called,
or in other forms adapted to requirements.
Can. 771
§1 Pastors of souls, especially Bishops and parish priests, are to be solicitous that the word of God is preached to those also of the faithful who, because of the circumstances of their lives, cannot sufficiently avail themselves of the ordinary pastoral care or are even totally deprived of it.
§2 They are also
to take care that the good news of the Gospel reaches those living in their
territory who are non-believers, since these too, no less than the faithful,
must be included in the care of souls.
Can. 772
§1 In the exercise of the office of preaching, everyone is moreover to observe the norms laid down by the Bishop of the diocese.
§2 In expounding
christian teaching on radio or television, the provisions of the Episcopal
Conference are to be observed.
Chapter 2. Catechetical Formation
Can. 773
It is pastors of souls especially who have the serious duty of attending to the catechesis of the christian people, so that, through doctrinal formation and the experience of the christian life, the living faith of the people may be manifest and active.
Can. 774
§1 The care for
catechesis, under the direction of lawful ecclesiastical authority, extends
to all members of the Church, to each according to his or her role.
§2 Before all
others, parents are bound to form their children, by word and example, in
faith and in christian living. The same obligation binds godparents and those
who take the place of parents.
Can. 775
§1 While
observing provisions made by the Apostolic See it is the responsibility of diocesan Bishops to issue norms concerning catechetical matters; to ensure
that appropriate means of catechesis are available, even by preparing a
catechism, if this seems opportune; to foster and to coordinate catechetical
initiatives.
§2 If it is
thought to be useful, the Episcopal Conference may, with the prior approval of the Apostolic See, publish catechisms for its territory.
§3 The Episcopal
Conference may establish a catechetical office, whose principal purpose is to
assist individual dioceses in catechetical matters.
Can. 776
by virtue of his office, the parish priest is bound to ensure the catechetical formation of adults, young people and children. To this end, he is to avail himself of the help of clerics attached to the parish, as well as of members of institutes of consecrated life and of societies of apostolic life, being mindful of the character of each institute; and the assistance of lay members of Christ's
faithful, especially catechists. All of these, unless they are lawfully
impeded, are not to refuse to give their labours willingly. The parish priest
is also to promote and to foster the role of parents in the family catechesis
mentioned in can. 774, §2.
Can. 777
In a special way,
the parish priest is to ensure, in accordance with the norms laid down by the diocesan Bishop, that:
1. an adequate catechesis is given for the celebration of the sacraments;
2. children are properly prepared for first confession and first holy
communion, and for the sacrament of confirmation, by means of catechetical
formation over an appropriate period of time;
3. children, after they have made their first holy communion, are given a
richer and deeper catechetical formation;
4. as far as their condition allows, catechetical formation is given to the mentally and physically handicapped;
5. The faith of young people and of adults is strengthened, enlightened and developed by various catechetical methods and initiatives .
Can. 778
Religious
Superiors and Superiors of societies of apostolic life are to ensure that
catechetical formation is diligently given in their Churches and schools, and in other works in any way entrusted to their care.
Can. 779
Catechetical
formation is to be given by employing all those aids, educational resources
and means of communication which seem the more effective in securing that the faithful, according to their character capability, age and circumstances of life, may be more fully steeped in catholic teaching and prepared to put it
into practice.
Can. 780
Local Ordinaries
are to ensure that catechists are duly trained to carry out their office
properly, namely, that continuing formation is available to them, that they
have an appropriate knowledge of the teaching of the Church, and that they
learn both the theory and the practice of the principles of pedagogy.
Title 2. The
Missionary Activity of the Church (Canons 781 - 792)
Can. 781
Because the whole
Church is of its nature missionary and the work of evangelisation is to be
considered a fundamental duty of the people of God, all Christ's faithful
must be conscious of the responsibility to play their part in missionary
activity.
Can. 782
§1 The Roman
Pontiff and the College of Bishops have the responsibility for the overall
direction and coordination of the initiatives and activities which concern
missionary work and cooperation.
§2 As the sponsors of the universal Church and of all the Churches, all Bishops are to have a
special solicitude for missionary activity, especially by arousing, fostering
and sustaining missionary initiatives in their own particular Churches.
Can. 783
Members of institutes of consecrated life, because of the dedication to the service of the Church
deriving from their very consecration, have an obligation to play a zealous
and special part in missionary activity, in a manner appropriate to their
institute.
Can. 784
Missionaries,
that is, those who have been sent by the competent ecclesiastical authority
to engage in missionary activity, may be chosen from the indigenous
population or from others, be they secular clergy, or members of institutes of consecrated life or of a society of apostolic life, or other lay members of Christ's faithful.
Can. 785
§1 Catechists are
to be given a role in missionary work. These are lay members of Christ's
faithful who have received proper formation and are outstanding in their
living of the christian life. Under the direction of missionaries, they are
to present the Gospel teaching and engage in liturgical worship and in works of charity.
§2 Catechists are
to receive their formation in schools founded for this purpose. If there are
no such schools, they are to be formed under the direction of the missionaries.
Can. 786
Missionary
activity properly so called, whereby the Church is founded amongst peoples or
groups where it has not taken root before, is performed principally by the Church sending heralds of the Gospel, until such time as the new Churches are
fully constituted, that is, have their own resources and sufficient means, so
that they themselves can carry on the work of evangelisation.
Can. 787
§1 by the testimony of their words and of their lives, missionaries are to establish a
sincere dialogue with those who do not believe in Christ, so that, taking
their native character and culture into account, ways may be opened up by
which they can be led to know the good news of the Gospel.
§2 Missionaries
are to ensure that they teach the truths of the faith to those whom they
judge to be ready to receive the good news of the Gospel, so that, if they
freely request it, they may be admitted to the reception of baptism.
Can. 788
§1 Those who have
expressed the wish to embrace faith in Christ, and who have completed the period of their preliminary catechumenate, are to be admitted to the catechumenate proper in a liturgical ceremony; and their names are to be
inscribed in the book which is kept for this purpose.
§2 by formation
and their first steps in christian living, catechumens are to be initiated
into the mysteries of salvation, and introduced into the life of faith,
liturgy and charity of the people of God, as well as into the apostolate.
§3 It is the responsibility of the Episcopal Conference to establish norms concerning the arrangement of the catechumenate, determining what should be done by
catechumens and what should be their prerogatives.
Can. 789
by means of appropriate formation, neophytes are to be led to a deeper knowledge of the Gospel truths, and to the fulfilment of the duties undertaken in baptism.
They are also to be imbued with a sincere love of Christ and his Church.
Can. 790
§1 In mission
territories, it is the responsibility of the diocesan Bishop:
1. to promote, regulate and coordinate both new initiatives and established
works concerning missionary activity;
2. to ensure that there are proper agreements with the Moderators of those
institutes which dedicate themselves to missionary activities, and that
relationships with them are for the good of the mission.
§2 The provisions
made by the diocesan Bishop in accordance with §1, n. 1 are binding on all
missionaries, including religious and their helpers residing in his territory.
Can. 791
In order to
foster missionary cooperation, in each diocese:
1. vocations to the mission are to be promoted;
2. a priest is to be appointed to promote missionary initiatives, especially
the Pontifical Missionary Works;
3. a day for the missions is to be celebrated annually;
4. each year an appropriate financial contribution for the missions is to be
sent to the Holy See.
Can. 792
The Episcopal
Conference is to establish and promote means by which those who come to their
territory from the missions, for the purpose of work or study, are to be
given a fraternal welcome and helped with suitable pastoral care.
Title 3. Catholic
Education (Canons 793 - 821)
Can. 793
§1 Parents, and those who take their place, have both the obligation and the right to educate
their children. Catholic parents have also the duty and the right to choose
those means and institutes which, in their local circumstances, can best
promote the catholic education of their children.
§2 Parents have
moreover the right to avail themselves of that assistance from civil society
which they need to provide a catholic education for their children.
Can. 794
§1 The Church has
in a special way the duty and the right of educating, for it has a divine
mission of helping all to arrive at the fullness of christian life.
§2 Pastors of souls have the duty of making all possible arrangements so that all the faithful may avail themselves of a catholic education.
Can. 795
Education must
pay regard to the formation of the whole person, so that all may attain their
eternal destiny and at the same time promote the common good of society.
Children and young persons are therefore to be cared for in such a way that
their physical, moral and intellectual talents may develop in a harmonious
manner, so that they may attain a greater sense of responsibility and a right
use of freedom, and be formed to take an active part in social life.
Chapter 1. Schools
Can. 796
§1 Among the means of advancing education, Christ's faithful are to consider schools as of great importance, since they are the principal means of helping parents to
fulfil their role in education.
§2 There must be
the closest cooperation between parents and the teachers to whom they entrust
their children to be educated. In fulfilling their task, teachers are to
collaborate closely with the parents and willingly listen to them;
associations and meetings of parents are to be set up and held in high
esteem.
Can. 797
Parents must have
a real freedom in their choice of schools. For this reason Christ's faithful
must be watchful that the civil society acknowledges this freedom of parents
and, in accordance with the requirements of distributive justice, even
provides them with assistance.
Can. 798
Parents are to
send their children to those schools which will provide for their catholic
education. If they cannot do this, they are bound to ensure the proper
catholic education of their children outside the school.
Can. 799
Christ's faithful
are to strive to secure that in the civil society the laws which regulate the formation of the young, also provide a religious and moral education in the schools that is in accord with the conscience of the parents.
Can. 800
§1 The Church has
the right to establish and to direct schools for any field of study or of any
kind and grade.
§2 Christ's
faithful are to promote catholic schools, doing everything possible to help
in establishing and maintaining them.
Can. 801
Religious
institutes which have education as their mission are to keep faithfully to
this mission and earnestly strive to devote themselves to catholic education,
providing this also through their own schools which, with the consent of the diocesan Bishop, they have established.
Can. 802
§1 If there are
no schools in which an education is provided that is imbued with a christian
spirit, the diocesan Bishop has the responsibility of ensuring that such
schools are established.
§2 Where it is
suitable, the diocesan Bishop is to provide for the establishment of professional and technical schools, and of other schools catering for special
needs.
Can. 803
§1 A catholic
school is understood to be one which is under the control of the competent
ecclesiastical authority or of a public ecclesiastical juridical person, or
one which in a written document is acknowledged as catholic by the ecclesiastical authority.
§2 Formation and education in a catholic school must be based on the principles of catholic
doctrine, and the teachers must be outstanding in true doctrine and uprightness of life.
§3 No school,
even if it is in fact catholic, may bear the title catholic school
except by the consent of the competent ecclesiastical authority.
Can. 804
§1 The formation
and education in the catholic religion provided in any school, and through
various means of social communication is subject to the authority of the Church. It is for the Episcopal Conference to issue general norms concerning
this field of activity and for the diocesan Bishop to regulate and watch over
it.
§2 The local
Ordinary is to be careful that those who are appointed as teachers of religion in schools, even non-catholic ones, are outstanding in true
doctrine, in the witness of their christian life, and in their teaching
ability.
Can. 805
In his own
diocese, the local Ordinary has the right to appoint or to approve teachers of religion and, if religious or moral considerations require it, the right to
remove them or to demand that they be removed.
Can. 806
§1 The diocesan
Bishop has the right to watch over and inspect the catholic schools situated
in his territory, even those established or directed by members of religious
institutes. He has also the right to issue directives concerning the general
regulation of catholic schools these directives apply also to schools
conducted by members of a religious institute, although they retain their
autonomy in the internal management of their schools.
§2 Those who are
in charge of catholic schools are to ensure, under the supervision of the local Ordinary, that the formation given in them is, in its academic
standards, at least as outstanding as that in other schools in the area.
Chapter 2. Catholic Universities and Other Institutes of Higher Studies
Can. 807
The Church has
the right to establish and to govern universi-ties, which serve to promote
the deeper culture and fuller development of the human person, and to
complement the Church's own teaching office.
Can. 808
No university,
even if it is in fact catholic, may bear the title catholic university
except by the consent of the competent ecclesiastical authority.
Can. 809
If it is possible
and appropriate, Episcopal Conferences are to take care to have within their
territories suitably located universities or at least faculties, in which the various disciplines, while retaining their own scientific autonomy, may be
researched and taught in the light of catholic doctrine.
Can. 810
§1 In catholic
universities it is the duty of the competent statutory authority to ensure
that there be appointed teachers who are not only qualified in scientific and pedagogical expertise, but are also outstanding in their integrity of doctrine and uprightness of life. If these requirements are found to be
lacking, it is also that authoritys duty to see to it that these teachers are
removed from office, in accordance with the procedure determined in the statutes.
§2 The Episcopal
Conference and the diocesan Bishops concerned have the duty and the right of seeing to it that, in these universities, the principles of catholic doctrine
are faithfully observed.
Can. 811
§1 The competent
ecclesiastical authority is to ensure that in catholic universities there is
established a faculty or an institute or at least a chair of theology, in
which lectures are given to lay students also.
§2 In every
catholic university there are to be lectures which principally treat of those
theological questions connected with the studies of each faculty.
Can. 812
Those who teach
theological subjects in any institute of higher studies must have a mandate
from the competent ecclesiastical authority.
Can. 813
The diocesan
Bishop is to be zealous in his pastoral care of students, even by the creation of a special parish, or at least by appointing priests with a stable
assignment to this care. In all universities, even in those which are not
catholic, the diocesan Bishop is to provide catholic university centres, to
be of assistance to the young people, especially in spiritual matters.
Can. 814
The provisions
which are laid down for universities apply equally to other institutes of higher studies.
Chapter 3. Ecclesiastical Universities and Faculties
Can. 815
by virtue of its office to announce revealed truth, it belongs to the Church to have its own
ecclesiastical universities and faculties to study the sacred sciences and subjects related to them, and to teach these disciplines to students in a scientific
manner.
Can. 816
§1 Ecclesiastical
universities and faculties may be constituted only by the Apostolic See or
with its approval. Their overall direction also belongs to the Apostolic See.
§2 Each
ecclesiastical university and faculty must have its own statutes and program of studies, approved by the Apostolic See.
Can. 817
Only a university
or a faculty established or approved by the Apostolic See may confer academic
degrees which have canonical effects in the Church.
Can. 818
The provisions of cann. 810,812 and 813 concerning catholic universities apply also to
ecclesiastical universities and faculties.
Can. 819
In so far as the good of a diocese or religious institute or indeed even of the universal
Church requires it, young persons, clerics and members of institutes,
outstanding in character, intelligence and virtue, must be sent to
ecclesiastical universities or faculties by their diocesan Bishops or the Superiors of their institutes.
Can. 820
Moderators and professors of ecclesiastical universities and faculties are to ensure that
the various faculties of the university cooperate with each other, to the extent that their aims permit. They are also to ensure that between their own
university or faculty and other universities and faculties, even non-ecclesiastical
ones, there be a mutual cooperation in which, through conferences,
coordinated scientific research and other means, they work together for the greater increase of scientific knowledge.
Can. 821
Where it is
possible, the Episcopal Conference and the diocesan Bishop are to provide for
the establishment of institutes for higher religious studies, in which are
taught theological and other subjects pertaining to christian culture.
Title 4. The
Means of Social Communication and Books In Particular (Canons 822 - 832)
Can. 822
§1 In exercising
their office the pastors of the Church, availing themselves of a right which
belongs to the Church, are to make an ample use of the means of social
communication.
§2 Pastors are
also to teach the faithful that they have the duty of working together so
that the use of the means of social communication may be imbued with a human
and christian spirit.
§3 All Christ's
faithful, especially those who in any way take part in the management or use of the media, are to be diligent in assisting pastoral action, so that the Church can more effectively exercise its office through these means.
Can. 823
§1 In order to
safeguard the integrity of faith and morals, pastors of the Church have the duty and the right to ensure that in writings or in the use of the means of social communication there should be no ill effect on the faith and morals of Christ's faithful. They also have the duty and the right to demand that where
writings of the faithful touch on matters of faith and morals, these be
submitted to their judgement. Moreover, they have the duty and the right to
condemn writings which harm true faith or good morals.
§2 For Christ's
faithful entrusted to their care, the duty and the right mentioned in §1
belong to the Bishops, both as individuals and in particular councils or
Episcopal Conferences; for the whole people of God, they belong to the supreme authority in the Church.
Can. 824
§1 Unless it is
otherwise provided, the local Ordinary whose permission or approval for publishing
a book is to be sought according to the canons of this title, is the authors
proper local Ordinary, or the Ordinary of the place in which the book is
published.
§2 Unless the contrary is clear, what is said in the canons of this title about books,
applies also to any writings intended for publication.
Can. 825
§1 Books of the sacred Scriptures may not be published unless they are approved by the Apostolic See or the Episcopal Conference. The publication of translations of the sacred Scriptures requires the approval of the same authority, and they
must have necessary and sufficient explanatory notes.
§2 With the permission of the Episcopal Conference, catholic members of Christ's
faithful, in cooperation with separated brethren, may prepare and publish
versions of the Scriptures, with appropriate explanatory notes.
Can. 826
§1 For liturgical
books, the provisions of can. 838 are to be observed.
§2 To republish
liturgical books or to publish translations of all or part of them, it must
be established, by an attestation of the Ordinary of the place in which they
are published, that they accord with an approved edition.
§3 Prayer books,
for either the public or the private use of the faithful, are not to be
published except by permission of the local Ordinary.
Can. 827
§1 Without
prejudice to the provisions of can. 775 §2, the publication of catechisms and other writings pertaining to catechetical formation, as well as their
translations, requires the approval of the local Ordinary.
§2 Books dealing
with matters concerning sacred Scripture, theology, canon law, Church
history, or religious or moral subjects may not be used as textbooks on which
the instruction is based, in elementary, intermediate or higher schools,
unless they were published with the approbation of the competent
ecclesiastical authority or were subsequently approved by that authority.
§3 It is
recommended that books dealing with the subjects mentioned in §2, even though
not used as basic textbooks, and any writings which specially concern religion
or good morals, be submitted to the judgement of the local Ordinary.
§4 Books or other
written material dealing with religion or morals may not be displayed, sold
or given away in Churches or oratories, unless they were published with the permission of the competent ecclesiastical authority or were subsequently
approved by that authority.
Can. 828
Collections of decrees or acts published by any ecclesiastical authority may not be
republished without first seeking the permission of the same authority and observing the conditions which it lays down.
Can. 829
Approval or
permission to publish a work is valid only for the first edition, but not for
new editions or translations.
Can. 830
§1 Every local
Ordinary retains the right to appoint persons whom he considers competent to
give a judgement about books. The Episcopal Conference, however, may draw up
a list of censors who are outstanding for their knowledge, right doctrine and prudence, to be available to diocesan curias; it may even establish a commission of censors whom the local Ordinary can consult.
§2 In carrying
out this task, a censor must put aside all preference of persons and look
only to the teaching of the Church concerning faith and morals, as declared
by its magisterium.
§3 The censor
must give an opinion in writing. If it is favourable, the Ordinary may, in
his prudent judgement, give his permission for the work to be published,
adding his own name and the date and place of the permission. If he does not
give this permission, the Ordinary must inform the author of the reasons for
the refusal.
Can. 831
§1 Unless there
is a just and reasonable cause, no member of Christ's faithful may write in
newspapers, pamphlets or periodicals which clearly are accustomed to attack
the catholic religion or good morals. Clerics and members of religious
institutes may write in them only with the permission of the local Ordinary.
§2 It is for the Episcopal Conference to lay down norms determining the requirements for
clerics and members of religious institutes to take part in radio and television programmes which concern catholic doctrine or morals.
Can. 832
To publish
writings on matters of religion or morals, members of religious institutes
require also the permission of their major Superior, in accordance with the constitutions.
Title 5. The
Profession of Faith (Canon 833)
Can. 833
The following are
personally bound to make a profession of faith, according to the formula
approved by the Apostolic See:
§ 1. in the presence of the president or his delegate: all who, with a deliberative or a
consultative vote, take part in an Ecumenical Council, a particular council,
the synod of Bishops, or a diocesan synod; in the presence of the council or
synod: the president himself ;
§ 2. in accordance with the statutes of the sacred College: those promoted to
the dignity of Cardinal;
§ 3. in the presence of a delegate of the Apostolic See: all who are promoted
to the episcopate, and all those who are equivalent to a diocesan Bishop;
§ 4. in the presence of the college of consultors: the diocesan
Administrator;
§ 5. in the presence of the diocesan Bishop or his delegate: Vicars general,
episcopal Vicars and judicial Vicars;
§ 6. in the presence of the local Ordinary or his delegate: parish priests;
the rector, professors of theology and philosophy in seminaries, at the beginning of their term of office; and those who are to be promoted to the order of diaconate;
§ 7. in the presence of the Chancellor or, in the absence of the Chancellor,
the local Ordinary, or the delegates of either: the rector of an
ecclesiastical or catholic university, at the beginning of the term of office
- in the presence of the rector if he is a priest, or of the local Ordinary
or the delegates of either: those who in any universities teach subjects which
deal with faith or morals, at the beginning of their term of office;
§ 8. in accordance with the constitutions: Superiors in religious institutes
and clerical societies of apostolic life.
Book 4. - The Sanctifying Office of the Church (canons 834-1253)
Basics (Canons 834-839)
Can. 834
§1 The Church
carries out its office of sanctifying in a special way in the sacred liturgy,
which is an exercise of the priestly office of Jesus Christ.
In the liturgy,
by the use of signs perceptible to the senses, our sanctification is
symbolised and, in a manner appropriate to each sign, is brought about.
Through the liturgy a complete public worship is offered to God by the head
and members of the mystical body of Christ.
§2 This worship
takes place when it is offered in the name of the Church, by persons lawfully
deputed and through actions approved by ecclesiastical authority.
Can. 835
§1 The
sanctifying office is exercised principally by Bishops, who are the high
priests, the principal dispensers of the mysteries of God and the moderators,
promoters and guardians of the entire liturgical life in the Churches
entrusted to their care.
§2 This office is
also exercised by priests. They, too, share in the priesthood of Christ and,
as his ministers under the authority of the Bishop, are consecrated to
celebrate divine worship and to sanctify the people.
§3 Deacons have a
share in the celebration of divine worship in accordance with the provisions of law.
§4 The other
members of Christ's faithful have their own part in this sanctifying office,
each in his or her own way actively sharing in liturgical celebrations,
particlarly in the Eucharist. Parents have a special share in this office
when they live their married lives in a christian spirit and provide for the christian education of their children.
Can. 836
Since christian
worship, in which the common priesthood of Christ's faithful is exercised,
must proceed from and rest on faith, sacred ministers are to strive
diligently to arouse and enlighten this faith, especially by the ministry of the word by which faith is born and nourished.
Can. 837
§1 Liturgical
actions are not private but are celebrations of the Church itself as the sacrament of unity, that is, the holy people united and ordered under the Bishops.
Accordingly, they concern the whole body of the Church, making it known and influencing it. They affect individual members of the Church in ways that
vary according to orders, role and actual participation.
§2 Since
liturgical matters by their very nature call for a community celebration,
they are, as far as possible, to be celebrated in the presence of Christ's
faithful and with their active participation.
Can. 838
§1 The ordering
and guidance of the sacred liturgy depends solely on the authority of the Church, namely, that of the Apostolic See and, as provided by law, that of the diocesan Bishop.
§2 It is the prerogative of the Apostolic See to regulate the sacred liturgy of the universal Church, to publish liturgical books and review their vernacular
translations, and to be watchful that liturgical regulations are everywhere
faithfully observed.
§3 It pertains to
Episcopal Conferences to prepare vernacular translations of liturgical books,
with appropriate adaptations as allowed by the books themselves and, with the prior review of the Holy See, to publish these translations.
§4 Within the limits of his competence, it belongs to the diocesan Bishop to lay down for
the Church entrusted to his care, liturgical regulations which are binding on
all.
Can. 839
§1 The Church
carries out its sanctifying office by other means also, that is by prayer, in
which it asks God to make Christ's faithful holy in the truth, and by works of penance and charity, which play a large part in establishing and strengthening in souls the Kingdom of Christ, and so contribute to the salvation of the world.
§2 Local
Ordinaries are to ensure that the prayers and the pious and sacred practices of the christian people are in full harmony with the laws of the Church.
Part I. The
Sacraments (Canons 840 - 1164)
Can. 840
The sacraments of the New Testament were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and of the Church, they are signs and means by
which faith is expressed and strengthened, worship is offered to God and our
sanctification is brought about. Thus they contribute in the most effective
manner to establishing, strengthening and manifesting ecclesiastical
communion. Accordingly, in the celebration of the sacraments both the sacred
ministers and all the other members of Christ's faithful must show great
reverence and due care.
Can. 841
Since the sacraments are the same throughout the universal Church, and belong to the divine deposit of faith, only the supreme authority in the Church can approve
or define what is needed for their validity. It belongs to the same
authority, or to another competent authority in accordance with can. 838 ?§3
and 4, to determine what is required for their lawful celebration,
administration and reception and for the order to be observed in their
celebration.
Can. 842
§1 A person who
has not received baptism cannot validly be admitted to the other sacraments.
§2 The sacraments of baptism, confirmation and the blessed Eucharist so complement one another
that all three are required for full christian initiation.
Can. 843
§1 Sacred
ministers may not deny the sacraments to those who opportunely ask for them,
are properly disposed and are not prohibited by law from receiving them.
§2 According to
their respective offices in the Church, both pastors of souls and all other
members of Christ's faithful have a duty to ensure that those who ask for the sacraments are prepared for their reception. This should be done through
proper evangelisation and catechetical instruction, in accordance with the norms laid down by the competent authority.
Can. 844
§1 Catholic
ministers may lawfully administer the sacraments only to catholic members of Christ's faithful, who equally may lawfully receive them only from catholic
ministers, except as provided in ?§2, 3 and 4 of this canon and in can. 861
§2.
§2 Whenever
necessity requires or a genuine spiritual advantage commends it, and provided
the danger of error or indifferentism is avoided, Christ's faithful for whom
it is physically or morally impossible to approach a catholic minister, may
lawfully receive the sacraments of penance, the Eucharist and anointing of the sick from non-catholic ministers in whose Churches these sacraments are
valid.
§3 Catholic
ministers may lawfully administer the sacraments of penance, the Eucharist
and anointing of the sick to members of the eastern Churches not in full
communion with the catholic Church, if they spontaneously ask for them and are properly disposed. The same applies to members of other Churches which
the Apostolic See judges to be in the same position as the aforesaid eastern
Churches so far as the sacraments are concerned.
§4 If there is a
danger of death or if, in the judgement of the diocesan Bishop or of the Episcopal Conference, there is some other grave and pressing need, catholic
ministers may lawfully administer these same sacraments to other christians
not in full communion with the catholic Church, who cannot approach a
minister of their own community and who spontaneously ask for them, provided
that they demonstrate the catholic faith in respect of these sacraments and are properly disposed.
§5 In respect of the cases dealt with in ?§2, 3 and 4, the diocesan Bishop or the Episcopal
Conference is not to issue general norms except after consultation with the competent authority, at least at the local level, of the non-catholic Church
or community concerned.
Can. 845
§1 Because they
imprint a character, the sacraments of baptism, confirmation and order cannot
be repeated.
§2 If after
diligent enquiry a prudent doubt remains as to whether the sacraments
mentioned in §1 have been conferred at all, or conferred validly, they are to
be conferred conditionally.
Can. 846
§1 The liturgical
books, approved by the competent authority, are to be faithfully followed in
the celebration of the sacraments. Accordingly, no one may on a personal
initiative add to or omit or alter anything in those books.
§2 The ministers
are to celebrate the sacraments according to their own rite.
Can. 847
§1 In
administering sacraments in which holy oils are to be used, the minister must
use oil made from olives or other plants, which, except as provided in can.
999, n. 2, has recently been consecrated or blessed by a Bishop. Older oil is
not to be used except in a case of necessity.
§2 The parish priest
is to obtain the holy oils from his own Bishop and keep them carefully in
fitting custody.
Can. 848
For the administration of the sacraments the minister may not ask for anything beyond
the offerings which are determined by the competent authority, and he must
always ensure that the needy are not deprived of the help of the sacraments
by reason of poverty.
Title 1. Baptism
Can. 849
Baptism, the gateway to the sacraments, is necessary for salvation, either by actual
reception or at least by desire. by it people are freed from sins, are born
again as children of God and, made like to Christ by an indelible character,
are incorporated into the Church. It is validly conferred only by a washing
in real water with the proper form of words.
Chapter 1. The Celebration of Baptism
Can. 850
Baptism is
administered according to the rite prescribed in the approved liturgical
books, except in a case of urgent necessity when only those elements which
are required for the validity of the sacrament must be observed.
Can. 851
The celebration of baptism should be properly prepared. Accordingly:
1. an adult who intends to receive baptism is to be admitted to the catechumenate and, as far as possible, brought through the various stages to
sacramental initiation, in accordance with the rite of initiation as adapted
by the Episcopal Conference and with the particular norms issued by it;
2. The parents of a child who is to be baptised, and those who are to
undertake the office of sponsers, are to be suitably instructed on the meaning of this sacrament and the obligations attaching to it. The parish priest is
to see to it that either he or others duly prepare the parents, by means of pastoral advice and indeed by prayer together; a number of families might be
brought together for this purpose and, where possible, each family visited.
Can. 852
§1 The provisions of the canons on adult baptism apply to all those who, being no longer
infants, have reached the use of reason.
§2 One who is
incapable of personal responsibility is regarded as an infant even in regard
to baptism.
Can. 853
Apart from a case of necessity, the water to be used in conferring baptism is to be blessed, in
accordance with the provisions of the liturgical books.
Can. 854
Baptism is to be
conferred either by immersion or by pouring, in accordance with the provisions of the Episcopal Conference.
Can. 855
Parents, sponsors
and parish priests are to take care that a name is not given which is foreign
to christian sentiment.
Can. 856
Though baptism
may be celebrated on any day, it is recommended that normally it be
celebrated on a Sunday or, if possible, on the vigil of Easter.
Can. 857
§1 Apart from a
case of necessity, the proper place for baptism is a Church or an oratory.
§2 As a rule and unless a just reason suggests otherwise, an adult is to be baptised in his or
her proper parish Church, and an infant in the proper parish Church of the parents.
Can. 858
§1 Each parish
Church is to have a baptismal font, without prejudice to the same right
already acquired by other Churches.
§2 The local
Ordinary, after consultation with the local parish priest, may for the convenience of the faithful permit or order that a baptismal font be placed
also in another Church or oratory within the parish.
Can. 859
If, because of distance or other circumstances, the person to be baptised cannot without
grave inconvenience go or be brought to the parish Church or the oratory
mentioned in can. 858 §2, baptism may and must be conferred in some other
Church or oratory which is nearer, or even in some other fitting place.
Can. 860
§1 Apart from a
case of necessity, baptism is not to be conferred in private houses, unless
the local Ordinary should for a grave reason permit it.
§2 Unless the diocesan Bishop has decreed otherwise, baptism is not to be conferred in
hospital, except in a case of necessity or for some other pressing pastoral
reason.
Chapter 2. The Minister of Baptism
Can. 861
§1 The ordinary
minister of baptism is a Bishop, a priest or a deacon, without prejudice to
the provision of can. 530, n. 1.
§2 If the ordinary minister is absent or impeded, a catechist or some other person
deputed to this office by the local Ordinary, may lawfully confer baptism;
indeed, in a case of necessity, any person who has the requisite intention
may do so. Pastors of souls, especially parish priests, are to be diligent in
ensuring that Christ's faithful are taught the correct way to baptise.
Can. 862
Except in a case of necessity, it is unlawful for anyone without due permission to confer
baptism outside his own territory, not even on his own subjects.
Can. 863
The baptism of adults, at least of those who have completed their fourteenth year, is to be
referred to the Bishop, so that he himself may confer it if he judges this
appropriate.
Chapter 3. The Persons To be Baptised
Can. 864
Every unbaptised
person, and only such a person, can be baptised.
Can. 865
§1 To be admitted
to baptism, an adult must have manifested the intention to receive baptism,
must be adequately instructed in the truths of the faith and in the duties of a christian, and tested in the christian life over the course of the catechumenate. The person must moreover be urged to have sorrow for personal
sins.
§2 An adult in
danger of death may be baptised if, with some knowledge of the principal truths of the faith, he or she has in some manner manifested the intention to
receive baptism and promises to observe the requirements of the christian
religion.
Can. 866
Unless there is a
grave reason to the contrary, immediately after receiving baptism an adult is
to be confirmed, to participate in the celebration of the Eucharist and to
receive holy communion.
Can. 867
§1 Parents are
obliged to see that their infants are baptised within the first few weeks. As
soon as possible after the birth, indeed even before it, they are to approach
the parish priest to ask for the sacrament for their child, and to be
themselves duly prepared for it.
§2 If the infant
is in danger of death, it is to be baptised without any delay.
Can. 868
§1 For an infant
to be baptised lawfully it is required:
1. that the parents, or at least one of them, or the person who lawfully
holds their place, give their consent;
2. that there be a well-founded hope that the child will be brought up in the catholic religion. If such hope is truly lacking, the baptism is, in
accordance with the provisions of particular law, to be deferred and the parents advised of the reason for this.
§2 An infant of catholic parents, indeed even of non-catholic parents, may in danger of death
be baptised even if the parents are opposed to it.
Can. 869
§1 If there is
doubt as to whether a person was baptised or whether a baptism was conferred
validly, and after serious enquiry this doubt persists, the person is to be
baptised conditionally.
§2 Those baptised
in a non-catholic ecclesial community are not to be baptised conditionally
unless there is a serious reason for doubting the validity of their baptism,
on the ground of the matter or the form of words used in the baptism, or of the intention of the adult being baptised or of that of the baptising
minister.
§3 If in the cases mentioned in ?§1 and 2 a doubt remains about the conferring of the baptism or its validity, baptism is not to be conferred until the doctrine of the sacrament of baptism is explained to the person to be baptised, if that
person is an adult. Moreover, the reasons for doubting the validity of the earlier baptism should be given to the person or, where an infant is
concerned, to the parents.
Can. 870
An abandoned
infant or a foundling is to be baptised unless diligent enquiry establishes
that it has already been baptised.
Can. 871
Aborted foetuses,
if they are alive, are to be baptised, in so far as this is possible.
Chapter 4. Sponsors
Can. 872
In so far as
possible, a person being baptised is to be assigned a sponsor. In the case of an adult baptism, the sponsors role is to assist the person in christian
initiation. In the case of an infant baptism, the role is together with the parents to present the child for baptism, and to help it to live a christian
life befitting the baptised and faithfully to fulfil the duties inherent in
baptism.
Can. 873
One sponsor, male
or female, is sufficient; but there may be two, one of each sex.
Can. 874
§1 To be admitted
to undertake the office of sponsor, a person must:
1. be appointed by the candidate for baptism, or by the parents or whoever
stands in their place, or failing these, by the parish priest or the minister; to be appointed the person must be suitable for this role and have
the intention of fulfilling it;
2. be not less than sixteen years of age, unless a different age has been
stipulated by the diocesan Bishop, or unless the parish priest or the minister considers that there is a just reason for an exception to be made;
3. be a catholic who has been confirmed and has received the blessed
Eucharist, and who lives a life of faith which befits the role to be
undertaken;
4. not labour under a canonical penalty, whether imposed or declared;
5. not be either the father or the mother of the person to be baptised.
§2 A baptised
person who belongs to a non-catholic ecclesial community may be admitted only
in company with a catholic sponsor, and then simply as a witness to the baptism.
Chapter 5. Proof and Registration of Baptism
Can. 875
Whoever
administers baptism is to take care that if there is not a sponsor present,
there is at least one witness who can prove that the baptism was conferred.
Can. 876
To prove that
baptism has been conferred, if there is no conflict of interest, it is
sufficient to have either one unexceptionable witness or, if the baptism was
conferred on an adult, the sworn testimony of the baptised person.
Can. 877
§1 The parish
priest of the place in which the baptism was conferred must carefully and without delay record in the register of baptism the names of the baptised,
the minister, the parents, the sponsors and, if there were such, the witnesses, and the place and date of baptism. He must also enter the date and place of birth.
§2 In the case of a child of an unmarried mother, the mothers name is to be entered if her
maternity is publicly known or if, either in writing or before two witnesses,
she freely asks that this be done. Similarly, the name of the father is to be
entered, if his paternity is established either by some public document or by
his own declaration in the presence of the parish priest and two witnesses.
In all other cases, the name of the baptised person is to be registered,
without any indication of the name of the father or of the parents.
§3 In the case of an adopted child, the names of the adopting parents are to be registered and,
at least if this is done in the local civil registration, the names of the natural parents in accordance with ?§1 and 2 subject however to the rulings of the Episcopal Conference.
Can. 878
If baptism was
administered neither by the parish priest nor in his presence, the minister of baptism, whoever that was, must notify the parish priest of the parish in
which the baptism was administered, so that he may register the baptism in
accordance with can. 877 §1.
Title 2. The
Sacrament of Confirmation
Can. 879
The sacrament of confirmation confers a character. by it the baptised continue their path of christian initiation. They are enriched with the gift of the Holy Spirit, and are more closely linked to the Church. They are made strong and more firmly
obliged by word and deed to witness to Christ and to spread and defend the faith.
Chapter 1. The Celebration of Confirmation
Can. 880
§1 The sacrament of confirmation is conferred by anointing with chrism on the forehead in a
laying on of hands, and by the words prescribed in the approved liturgical
books.
§2 The chrism to
be used in the sacrament of confirmation must have been consecrated by a
Bishop, even when the sacrament is administered by a priest.
Can. 881
It is desirable
that the sacrament of confirmation be celebrated in a Church and indeed
during Mass. However, for a just and reasonable cause it may be celebrated
apart from Mass and in any fitting place.
Chapter 2. The Minister of Confirmation
Can. 882
The ordinary
minister of confirmation is a Bishop. A priest can also validly confer this
sacrament if he has the faculty to do so, either from the general law or by
way of a special grant from the competent authority.
Can. 883
The following
have, by law, the faculty to administer confirmation:
1. within the confines of their jurisdiction, those who in law are equivalent
to a diocesan Bishop;
2. in respect of the person to be confirmed, the priest who by virtue of his office or by mandate of the diocesan Bishop baptises an adult or admits a
baptised adult into full communion with the catholic Church;
3. in respect of those in danger of death, the parish priest or indeed any
priest.
Can. 884
§1 The diocesan
Bishop is himself to administer confirmation or to ensure that it is
administered by another Bishop. If necessity so requires, he may grant to one
or several specified priests the faculty to administer this sacrament.
§2 For a grave
reason the Bishop, or the priest who by law or by special grant of the competent authority has the faculty to confirm, may in individual cases
invite other priests to join with him in administering the sacrament.
Can. 885
§1 The diocesan
Bishop is bound to ensure that the sacrament of confirmation is conferred on
his subjects who duly and reasonably request it.
§2 A priest who
has this faculty must use it for those in whose favour it was granted.
Can. 886
§1 A Bishop in
his own diocese may lawfully administer the sacrament of confirmation even to
the faithful who are not his subjects, unless there is an express prohibition
by their own Ordinary.
§2 In order
lawfully to administer confirmation in another diocese, unless it be to his
own subjects, a Bishop needs the permission, at least reasonably presumed, of the diocesan Bishop.
Can. 887
A priest who has
the faculty to administer confirmation may, within the territory assigned to
him, lawfully administer this sacrament even to those from outside the territory, unless there is a prohibition by their own Ordinary. He cannot, however,
validly confirm anyone in another territory, without prejudice to the provision of can. 883, n.3.
Can. 888
Within the territory in which they can confer confirmation, ministers may confirm even
in exempt places.
Chapter 3. The Persons To be Confirmed
Can. 889
§1 Every baptised
person who is not confirmed, and only such a person, is capable of receiving
confirmation.
§2 Apart from the danger of death, to receive confirmation lawfully a person who has the use of reason must be suitably instructed, properly disposed and able to renew the baptismal promises.
Can. 890
The faithful are
bound to receive this sacrament at the proper time.
Parents and pastors of souls, especially parish priests, are to see that the faithful are
properly instructed to receive the sacrament and come to it at the opportune
time.
Can. 891
The sacrament of confirmation is to be conferred on the faithful at about the age of discretion, unless the Episcopal Conference has decided on a different age,
or there is a danger of death or, in the judgement of the minister, a grave
reason suggests otherwise.
Chapter 4. Sponsors
Can. 892
As far as
possible the person to be confirmed is to have a sponsor. The sponsors
function is to take care that the person confirmed behaves as a true witness of Christ and faithfully fulfils the duties inherent in this sacrament.
Can. 893
§1 A person who
would undertake the office of sponsor must fulfil the conditions mentioned in
can. 874.
§2 It is
desirable that the sponsor chosen be the one who undertook this role at
baptism.
Chapter 5. Proof and Registration of Confirmation
Can. 894
To establish that
confirmation has been conferred, the provisions of can. 876 are to be
observed.
Can. 895
The names of those confirmed, the minister, the parents, the sponsors and the place and date of the confirmation are to be recorded in the confirmation register of the diocesan curia or, wherever this has been prescribed by the Episcopal
Conference or by the diocesan Bishop, in the register to be kept in the parochial archive. The parish priest must notify the parish priest of the place of the baptism that the confirmation was conferred, so that it be
recorded in the baptismal register, in accordance with can. 535
§2.
Can. 896
If the parish
priest of the place was not present, the minister, personally or through
someone else, is to notify him as soon as possible that the confirmation was
conferred.
Title 3. The
Blessed Eucharist
Can. 897
The most
venerable sacrament is the blessed Eucharist, in which Christ the Lord
himself is contained, offered and received, and by which the Church
continually lives and grows. The eucharistic Sacrifice, the memorial of the death and resurrection of the Lord, in which the Sacrifice of the cross is
forever perpetuated, is the summit and the source of all worship and christian life. by means of it the unity of Gods people is signified and brought about, and the building up of the body of Christ is perfected. The
other sacraments and all the apostolic works of Christ are bound up with, and directed to, the blessed Eucharist.
Can. 898
Christ's faithful
are to hold the blessed Eucharist in the highest honour. They should take an
active part in the celebration of the most august Sacrifice of the Mass; they
should receive the sacrament with great devotion and frequently, and should
reverence it with the greatest adoration. In explaining the doctrine of this
sacrament, pastors of souls are assiduously to instruct the faithful about
their obligation in this regard.
Chapter 1. The Celebration of the Eucharist
Can. 899
§1 The
celebration of the Eucharist is an action of Christ himself and of the Church. In it Christ the Lord, through the ministry of the priest, offers
himself, substantially present under the appearances of bread and wine, to
God the Father, and gives himself as spiritual nourishment to the faithful
who are associated with him in his offering.
§2 In the eucharistic assembly the people of God are called together under the presidency of the Bishop or of a priest authorised by him, who acts in the person of Christ. All the faithful present, whether clerics or lay people, unite to
participate in their own way, according to their various orders and liturgical roles.
§3 The
eucharistic celebration is to be so ordered that all the participants derive
from it the many fruits for which Christ the Lord instituted the eucharistic
Sacrifice.
Art. 1. The
Minister of the Blessed Eucharist
Can. 900
§1 The only
minister who, in the person of Christ, can bring into being the sacrament of the Eucharist, is a validly ordained priest.
§2 Any priest who
is not debarred by canon law may lawfully celebrate the Eucharist, provided
the provisions of the following canons are observed.
Can. 901
A priest is
entitled to offer Mass for anyone, living or dead.
Can. 902
Unless the benefit of Christ's faithful requires or suggests otherwise, priests may
concelebrate the Eucharist; they are, however, fully entitled to celebrate
the Eucharist individually, but not while a celebration is taking place in
the same Church or oratory.
Can. 903
A priest is to be
permitted to celebrate the Eucharist, even if he is not known to the rector of the Church, provided either that he presents commendatory letters, not
more than a year old, from his own Ordinary or Superior, or that it can be
prudently judged that he is not debarred from celebrating.
Can. 904
Remembering
always that in the mystery of the eucharistic Sacrifice the work of redemption is continually being carried out, priests are to celebrate
frequently. Indeed, daily celebration is earnestly recommended, because, even
if it should not be possible to have the faithful present, it is an action of Christ and of the Church in which priests fulfil their principal role.
Can. 905
§1 Apart from
those cases in which the law allows him to celebrate or concelebrate the Eucharist a number of times on the same day, a priest may not celebrate more
than once a day.
§2 If there is a
scarcity of priests, the local Ordinary may for a good reason allow priests
to celebrate twice in one day or even, if pastoral need requires it, three
times on Sundays or holydays of obligation.
Can. 906
A priest may not
celebrate the eucharistic Sacrifice without the participation of at least one of the faithful, unless there is a good and reasonable cause for doing so.
Can. 907
In the celebration of the Eucharist, deacons and lay persons are not permitted to
say the prayers, especially the eucharistic prayer, nor to perform the actions which are proper to the celebrating priest.
Can. 908
Catholic priests
are forbidden to concelebrate the Eucharist with priests or ministers of Churches or ecclesial communities which are not in full communion with the catholic Church.
Can. 909
A priest is not
to omit dutifully to prepare himself by prayer before the celebration of the Eucharist, nor afterwards to omit to make thanksgiving to God.
Can. 910
§1 The ordinary
minister of holy communion is a Bishop, a priest or a deacon.
§2 The
extraordinary minister of holy communion is an acolyte, or another of Christ's faithful deputed in accordance with can. 230 §3.
Can. 911
§1 The duty and right to bring the blessed Eucharist to the sick as Viaticum belongs to the parish priest, to assistant priests, to chaplains and, in respect of all who
are in the house, to the community Superior in clerical religious institutes
or societies of apostolic life.
§2 In a case of necessity, or with the permission at least presumed of the parish priest,
chaplain or Superior, who must subsequently be notified, any priest or other
minister of holy communion must do this.
Art. 2.
Participation in the Blessed Eucharist
Can. 912
Any baptised
person who is not forbidden by law may and must be admitted to holy
communion.
Can. 913
§1 For holy
communion to be administered to children, it is required that they have
sufficient knowledge and be accurately prepared, so that according to their
capacity they understand what the mystery of Christ means, and are able to
receive the Body of the Lord with faith and devotion.
§2 The blessed
Eucharist may, however, be administered to children in danger of death if
they can distinguish the Body of Christ from ordinary food and receive
communion with reverence.
Can. 914
It is primarily
the duty of parents and of those who take their place, as it is the duty of the parish priest, to ensure that children who have reached the use of reason
are properly prepared and, having made their sacramental confession, are
nourished by this divine food as soon as possible. It is also the duty of the parish priest to see that children who have not reached the use of reason, or
whom he has judged to be insufficiently disposed, do not come to holy
communion.
Can. 915
Those on whom the penalty of excommunication or interdict has been imposed or declared, and others who obstinately persist in manifest grave sin, are not to be admitted
to holy communion.
Can. 916
Anyone who is
conscious of grave sin may not celebrate Mass or receive the Body of the Lord
without previously having been to sacramental confession, unless there is a
grave reason and there is no opportunity to confess; in this case the person
is to remember the obligation to make an act of perfect contrition, which
includes the resolve to go to confession as soon as possible.
Can. 917
One who has
received the blessed Eucharist may receive it again on the same day only
within a eucharistic celebration in which that person participates, without
prejudice to the provision of can. 921 §2.
Can. 918
It is most
strongly recommended that the faithful receive holy communion in the course of a eucharistic celebration. If, however, for good reason they ask for it
apart from the Mass, it is to be administered to them, observing the liturgical rites.
Can. 919
§1 Whoever is to
receive the blessed Eucharist is to abstain for at least one hour before holy
communion from all food and drink, with the sole exception of water and medicine.
§2 A priest who,
on the same day, celebrates the blessed Eucharist twice or three times may
consume something before the second or third celebration, even though there
is not an hours interval.
§3 The elderly
and those who are suffering from some illness, as well as those who care for
them, may receive the blessed Eucharist even if within the preceding hour
they have consumed something.
Can. 920
§1 Once admitted
to the blessed Eucharist, each of the faithful is obliged to receive holy
communion at least once a year.
§2 This precept
must be fulfilled during paschal time, unless for a good reason it is
fulfilled at another time during the year.
Can. 921
§1 Christ's
faithful who are in danger of death, from whatever cause, are to be
strengthened by holy communion as Viaticum.
§2 Even if they
have already received holy communion that same day, it is nevertheless
strongly suggested that in danger of death they should communicate again.
§3 While the danger of death persists, it is recommended that holy communion be administered a
number of times, but on separate days.
Can. 922
Holy Viaticum for
the sick is not to be unduly delayed. Those who have the care of souls are to
take assiduous care that the sick are strengthened by it while they are in
full possession of their faculties.
Can. 923
Christ's faithful
may participate in the eucharistic Sacrifice and receive holy communion in
any catholic rite, without prejudice to the provisions of can. 844.
Art. 3. The
Rites and Ceremonies of the Eucharistic Celebration
Can. 924
§1 The most holy
Sacrifice of the Eucharist must be celebrated in bread, and in wine to which
a small quantity of water is to be added.
§2 The bread must
be wheaten only, and recently made, so that there is no danger of corruption.
§3 The wine must
be natural, made from grapes of the vine, and not corrupt.
Can. 925
Holy communion is
to be given under the species of bread alone or, in accordance with the liturgical laws, under both species or, in case of necessity, even under the species of wine alone.
Can. 926
In the eucharistic celebration, in accordance with the ancient tradition of the latin Church, the priest is to use unleavened bread wherever he celebrates
Mass.
Can. 927
It is absolutely wrong,
even in urgent and extreme necessity, to consecrate one element without the other, or even to consecrate both outside the eucharistic celebration.
Can. 928
The eucharistic
celebration is to be carried out either in the latin language or in another language,
provided the liturgical texts have been lawfully approved.
Can. 929
In celebrating
and administering the Eucharist, priests and deacons are to wear the sacred
vestments prescribed by the rubrics.
Can. 930
§1 A priest who
is ill or elderly, if he is unable to stand, may celebrate the eucharistic
Sacrifice sitting but otherwise observing the liturgical laws; he may not,
however, do so in public except by permission of the local Ordinary.
§2 A priest who
is blind or suffering from some other infirmity, may lawfully celebrate the eucharistic Sacrifice by using the text of any approved Mass, with the assistance, if need be, of another priest or deacon or even a properly
instructed lay person.
Art. 4. The
Time and Place of the Eucharistic Celebration
Can. 931
The celebration
and distribution of the Eucharist may take place on any day and at any hour,
except those which are excluded by the liturgical laws.
Can. 932
§1 The
eucharistic celebration is to be carried out in a sacred place, unless in a
particular case necessity requires otherwise; in which case the celebration
must be in a fitting place.
§2 The
eucharistic Sacrifice must be carried out at an altar that is dedicated or
blessed. Outside a sacred place an appropriate table may be used, but always
with an altar cloth and a corporal.
Can. 933
For a good
reason, with the express permission of the local Ordinary and provided
scandal has been eliminated, a priest may celebrate the Eucharist in a place of worship of any Church or ecclesial community which is not in full
communion with the catholic Church.
Chapter 2. The Reservation and Veneration of the Blessed
Eucharist
Can. 934
§1 The blessed
Eucharist:
1. must be reserved in the cathedral Church or its equivalent, in every
parish Church, and in the Church or oratory attached to the house of a
religious institute or society of apostolic life
2. may be reserved in a Bishops chapel and, by permission of the local
Ordinary, in other Churches, oratories and chapels.
§2 In sacred
places where the blessed Eucharist is reserved there must always be someone
who is responsible for it, and as far as possible a priest is to celebrate
Mass there at least twice a month.
Can. 935
It is not lawful
for anyone to keep the blessed Eucharist in personal custody or to carry it around,
unless there is an urgent pastoral need and the prescriptions of the diocesan
Bishop are observed.
Can. 936
In a house of a
religious institute or other house of piety, the blessed Eucharist is to be
reserved only in the Church or principal oratory attached to the house. For a
just reason, however, the Ordinary can permit it to be reserved also in
another oratory of the same house.
Can. 937
Unless there is a
grave reason to the contrary, a Church in which the blessed Eucharist is
reserved is to be open to the faithful for at least some hours every day, so
that they can pray before the blessed Sacrament.
Can. 938
§1 The blessed
Eucharist is to be reserved habitually in only one tabernacle of a Church or
oratory.
§2 The tabernacle
in which the blessed Eucharist is reserved should be sited in a distinguished
place in the Church or oratory, a place which is conspicuous, suitably
adorned and conducive to prayer.
§3 The tabernacle
in which the blessed Eucharist is habitually reserved is to be immovable, made of solid and non-transparent material, and so locked as to give the greatest
security against any danger of profanation.
§4 For a grave
reason, especially at night, it is permitted to reserve the blessed Eucharist
in some other safer place, provided it is fitting.
§5 The person in
charge of a Church or oratory is to see to it that the key of the tabernacle
in which the blessed Eucharist is reserved, is in maximum safe keeping.
Can. 939
Consecrated
hosts, in a quantity sufficient for the needs of the faithful, are to be kept
in a pyx or ciborium, and are to be renewed frequently, the older hosts
having been duly consumed.
Can. 940
A special lamp is
to burn continuously before the tabernacle in which the blessed Eucharist is
reserved, to indicate and to honour the presence of Christ.
Can. 941
§1 In Churches or
oratories which are allowed to reserve the blessed Eucharist, there may be
exposition, either with the pyx or with the monstrance, in accordance with
the norms prescribed in the liturgical books.
§2 Exposition of the blessed Sacrament may not take place while Mass is being celebrated in
the same area of the Church or oratory.
Can. 942
It is recommended
that in these Churches or oratories, there is to be each year a solemn
exposition of the blessed Sacrament for an appropriate, even if not for a
continuous time, so that the local community may more attentively meditate on
and adore the eucharistic mystery. This exposition is to take place only if a
fitting attendance of the faithful is foreseen, and the prescribed norms are
observed.
Can. 943
The minister of exposition of the blessed Sacrament and of the eucharistic blessing is a
priest or deacon. In special circumstances the minister of exposition and deposition alone, but without the blessing, is an acolyte, and extraordinary
minister of holy communion, or another person deputed by the local Ordinary,
in accordance with the regulations of the diocesan Bishop.
Can. 944
§1 Wherever in
the judgement of the diocesan Bishop it can be done, a procession through the streets is to be held, especially on the solemnity of the Body and Blood of Christ, as a public witness of veneration of the blessed Eucharist.
§2 It is for the diocesan Bishop to establish such regulations about processions as will
provide for participation in them and for their being carried out in a
dignified manner.
Chapter 3. The Offering Made For the Celebration of Mass
Can. 945
§1 In accordance
with the approved custom of the Church, any priest who celebrates or
concelebrates a Mass may accept an offering to apply the Mass for a specific
intention.
§2 It is
earnestly recommended to priests that, even if they do not receive an offering, they celebrate Mass for the intentions of Christ's faithful,
especially of those in need.
Can. 946
The faithful who
make an offering so that Mass can be celebrated for their intention,
contribute to the good of the Church, and by that offering they share in the Church's concern for the support of its ministers and its activities.
Can. 947
Even the semblance of trafficking or trading is to be entirely excluded from Mass offerings.
Can. 948
Separate Masses
must be applied for the intentions of those for whom an individual offering,
even if small, has been made and accepted.
Can. 949
One who is
obliged to celebrate and apply Mass for the intentions of those who made an offering, is bound by this obligation even if the offering received is lost
through no fault of his.
Can. 950
If a sum of money
is offered for the application of Masses, but with no indication of the number of Masses to be celebrated, their number is to be calculated on the basis of the offering prescribed in the place where the donor resides, unless
the donors intention must lawfully be presumed to have been otherwise.
Can. 951
§1 A priest who
celebrates a number of Masses on the same day may apply each Mass for the intention for which an offering was made, subject however to the rule that,
apart from Christmas Day, he may retain for himself the offering for only one
Mass; the others he is to transmit to purposes prescribed by the Ordinary,
while allowing for some compensation on the ground of an extrinsic title.
§2 A priest who
on the same day concelebrates a second Mass may not under any title accept an offering for that Mass.
Can. 952
§1 The provincial
council or the provincial Bishops meeting is to determine by decree, for the whole of the province, what offering is to be made for the celebration and application of Mass. Nonetheless, it is permitted to accept, for the application of a Mass, an offering voluntarily made, which is greater, or
even less, than that which has been determined.
§2 Where there is
no such decree, the custom existing in the diocese is to be observed.
§3 Members of religious institutes of all kinds must abide by the decree or the local
custom mentioned in ?§1 and 2.
Can. 953
No one may accept
more offerings for Masses to be celebrated by himself than he can discharge
within a year.
Can. 954
If in certain
Churches or oratories more Masses are requested than can be celebrated there,
these may be celebrated elsewhere, unless the donors have expressly
stipulated otherwise.
Can. 955
§1 One who
intends to transfer to others the celebration of Masses to be applied, is to
transfer them as soon as possible to priests of his own choice, provided he
is certain that they are of proven integrity. He must transfer the entire offering received, unless it is quite certain that an amount in excess of the diocesan offering was given as a personal gift. Moreover, it is his
obligation to see to the celebration of the Masses until such time as he has
received evidence that the obligation has been undertaken and the offering
received.
§2 Unless it is
established otherwise, the time within which Masses are to be celebrated
begins from the day the priest who is to celebrate them receives them.
§3 Those who
transfer to others Masses to be celebrated are without delay to record in a
book both the Masses which they have accepted and those which they have
passed on, noting also the offerings for these Masses.
§4 Each priest
must accurately record the Masses which he has accepted to celebrate and those which he has in fact celebrated.
Can. 956
Each and every
administrator of pious causes and those, whether clerics or lay persons, who
are in any way obliged to provide for the celebration of Masses, are to
transfer to their Ordinaries, in a manner to be determined by the latter,
such Mass obligations as have not been discharged within a year.
Can. 957
The duty and the right to see that Mass obligations are fulfilled belongs, in the case of Churches of the secular clergy, to the local Ordinary; in the case of Churches of religious institutes or societies of apostolic life, to their
Superiors.
Can. 958
§1 The parish
priest, as well as the rector of a Church or other pious place in which Mass offerings are usually received, is to have a special book in which he is
accurately to record the number, the intention and the offering of the Masses
to be celebrated, and the fact of their celebration.
§2 The Ordinary
is obliged to inspect these books each year, either personally or through
others.
Title 4. The
Sacrament of Penance
Can. 959
In the sacrament of penance the faithful who confess their sins to a lawful minister, are
sorry for those sins and have a purpose of amendment, receive from God,
through the absolution given by that minister, forgiveness of sins they have
committed after baptism, and at the same time they are reconciled with the Church, which by sinning they wounded.
Chapter 1. The Celebration of the Sacrament
Can. 960
Individual and integral confession and absolution constitute the sole ordinary means by
which a member of the faithful who is conscious of grave sin is reconciled
with God and with the Church. Physical or moral impossibility alone excuses
from such confession, in which case reconciliation may be attained by other
means also.
Can. 961
§1 General
absolution, without prior individual confession, cannot be given to a number of penitents together, unless:
1. danger of death threatens and there is not time for the priest or priests
to hear the confessions of the individual penitents;
2. There exists a grave necessity, that is, given the number of penitents,
there are not enough confessors available properly to hear the individual
confessions within an appropriate time, so that without fault of their own
the penitents are deprived of the sacramental grace or of holy communion for
a lengyour period of time. A sufficient necessity is not, however, considered
to exist when confessors cannot be available merely because of a great
gathering of penitents, such as can occur on some major feastday or
pilgrimage.
§2 It is for the diocesan Bishop to judge whether the conditions required in §1, n. 2 are
present; mindful of the criteria agreed with the other members of the Episcopal
Conference, he can determine the cases of such necessity.
Can. 962
§1 For a member of Christ's faithful to benefit validly from a sacramental absolution given
to a number of people simultaneously, it is required not only that he or she
be properly disposed, but be also at the same time personally resolved to
confess in due time each of the grave sins which cannot for the moment be
thus confessed.
§2 Christ's
faithful are to be instructed about the requirements set out in §1, as far as
possible even on the occasion of general absolution being received. An
exhortation that each person should make an act of contrition is to precede a
general absolution, even in the case of danger of death if there is time.
Can. 963
Without prejudice
to the obligation mentioned in can. 989, a person whose grave sins are
forgiven by a general absolution, is as soon as possible, when the opportunity occurs, to make an individual confession before receiving another
general absolution, unless a just reason intervenes.
Can. 964
§1 The proper
place for hearing sacramental confessions is a Church or oratory.
§2 As far as the confessional is concerned, norms are to be issued by the Episcopal
Conference, with the proviso however that confessionals, which the faithful
who so wish may freely use, are located in an open place, and fitted with a
fixed grille between the penitent and the confessor.
§3 Except for a
just reason, confessions are not to be heard elsewhere than in a
confessional.
Chapter 2. The Minister of the Sacrament of Penance
Can. 965
Only a priest is
the minister of the sacrament of penance.
Can. 966
§1 For the valid
absolution of sins, it is required that, in addition to the power of order,
the minister has the faculty to exercise that power in respect of the faithful to whom he gives absolution.
§2 A priest can
be given this faculty either by the law itself, or by a concession issued by
the competent authority in accordance with can. 969.
Can. 967
§1 Besides the Roman Pontiff, Cardinals by virtue of the law itself have the faculty to hear
the confessions of Christ's faithful everywhere.
Likewise, Bishops
have this faculty, which they may lawfully use everywhere, unless in a
particular case the diocesan Bishop has refused.
§2 Those who have
the faculty habitually to hear confessions, whether by virtue of their office
or by virtue of a concession by the Ordinary of either the place of incardination or that in which they have a domicile, can exercise that
faculty everywhere, unless in a particular case the local Ordinary has refused,
without prejudice to the provisions of can. 974 ?§2 and 3.
§3 In respect of the members and of those others who live day and night in a house of an
institute or society, this same faculty is by virtue of the law itself
possessed everywhere by those who have the faculty to hear confessions,
whether by virtue of their office or by virtue of a special concession of the competent Superior in accordance with cann. 968 §2 and 969 §2. They may
lawfully use this faculty, unless in a particular case some major Superior
has, in respect of his own subjects, refused.
Can. 968
§1 by virtue of his office, for each within the limits of his jurisdiction, the faculty to
hear confessions belongs to the local Ordinary, to the canon penitentiary, to
the parish priest, and to those others who are in the place of the parish
priest.
§2 by virtue of their office, the faculty to hear the confessions of their own subjects and of those others who live day and night in the house, belongs to the Superiors of religious institutes or of societies of apostolic life, if they are
clerical and of pontifical right, who in accordance with the constitutions
have executive power of governance, without prejudice however to the provision of can. 630 §4.
Can. 969
§1 Only the local
Ordinary is competent to give to any priests whomsoever the faculty to hear
the confessions of any whomsoever of the faithful. Priests who are members of religious institutes may not, however, use this faculty without the permission, at least presumed, of their Superior.
§2 The Superior of a religious institute or of a society of apostolic life, mentioned in can.
968 §2, is competent to give to any priests whomsoever the faculty to hear
the confessions of his own subjects and of those others who live day and night in the house.
Can. 970
The faculty to
hear confessions is not to be given except to priests whose suitability has
been established, either by examination or by some other means.
Can. 971
The local
Ordinary is not to give the faculty habitually to hear confessions to a
priest, even to one who has a domicile or quasi-domicile within his
jurisdiction, without first, as far as possible, consulting that priests own
Ordinary.
Can. 972
The faculty to
hear confessions may be given by the competent authority mentioned in can.
969, for either an indeterminate or a determinate period of time.
Can. 973
The faculty
habitually to hear confessions is to be given in writing.
Can. 974
§1 Neither the local Ordinary nor the competent Superior may, except for a grave reason,
revoke the grant of a faculty habitually to hear confessions.
§2 If the faculty
to hear confessions granted by the local Ordinary mentioned in can. 967, §2,
is revoked by that Ordinary, the priest loses the faculty everywhere. If the faculty is revoked by another local Ordinary, the priest loses it only in the territory of the Ordinary who revokes it.
§3 Any local
Ordinary who has revoked a priests faculty to hear confessions is to notify
the Ordinary who is proper to that priest by reason of incardination or, if
the priest is a member of a religious institute, his competent Superior.
§4 If the faculty
to hear confessions is revoked by his own major Superior, the priest loses
everywhere the faculty to hear the confessions of the members of the institute. But if the faculty is revoked by another competent Superior, the priest loses it only in respect of those subjects who are in that Superiors
jurisdiction.
Can. 975
Apart from
revocation, the faculty mentioned in can. 967 §2 ceases by loss of office, by
excardination, or by loss of domicile.
Can. 976
Any priest, even
though he lacks the faculty to hear confessions, can validly and lawfully
absolve any penitents who are in danger of death, from any censures and sins,
even if an approved priest is present.
Can. 977
The absolution of a partner in a sin against the sixth commandment of the Decalogue is invalid,
except in danger of death.
Can. 978
§1 In hearing
confessions the priest is to remember that he is at once both judge and healer, and that he is constituted by God as a minister of both divine
justice and divine mercy, so that he may contribute to the honour of God and the salvation of souls.
§2 In
administering the sacrament, the confessor, as a minister of the Church, is
to adhere faithfully to the teaching of the magisterium and to the norms laid
down by the competent authority.
Can. 979
In asking
questions the priest is to act with prudence and discretion, taking into
account the condition and the age of the penitent, and he is to refrain from
enquiring the name of a partner in sin.
Can. 980
If the confessor
is in no doubt about the penitents disposition and the penitent asks for
absolution, it is not to be denied or delayed.
Can. 981
The confessor is
to impose salutary and appropriate penances, in proportion to the kind and number of sins confessed, taking into account, however, the condition of the penitent. The penitent is bound personally to fulfil these penances.
Can. 982
A person who
confesses to having falsely denounced to ecclesiastical authority a confessor
innocent of the crime of solicitation to a sin against the sixth commandment of the Decalogue, is not to be absolved unless that person has first formally
withdrawn the false denunciation and is prepared to make good whatever harm
may have been done.
Can. 983
§1 The
sacramental seal is inviolable. Accordingly, it is absolutely wrong for a
confessor in any way to betray the penitent, for any reason whatsoever,
whether by word or in any other fashion.
§2 An
interpreter, if there is one, is also obliged to observe this secret, as are
all others who in any way whatever have come to a knowledge of sins from a
confession.
Can. 984
§1 The confessor
is wholly forbidden to use knowledge acquired in confession to the detriment of the penitent, even when all danger of disclosure is excluded.
§2 A person who
is in authority may not in any way, for the purpose of external governance,
use knowledge about sins which has at any time come to him from the hearing of confession.
Can. 985
The director and assistant director of novices, and the rector of a seminary or of any other
institute of education, are not to hear the sacramental confessions of their
students resident in the same house, unless in individual instances the students of their own accord request it.
Can. 986
§1 All to whom by
virtue of office the care of souls is committed, are bound to provide for the hearing of the confessions of the faithful entrusted to them, who reasonably
request confession, and they are to provide these faithful with an
opportunity to make individual confession on days and at times arranged to
suit them.
§2 In an urgent
necessity, every confessor is bound to hear the confessions of Christ's
faithful, and in danger of death every priest is so obliged.
Chapter 3. The Penitent
Can. 987
In order that the faithful may receive the saving remedy of the sacrament of penance, they must
be so disposed that, repudiating the sins they have committed and having the purpose of amending their lives, they turn back to God.
Can. 988
§1 The faithful
are bound to confess, in kind and in number, all grave sins committed after
baptism, of which after careful examination of conscience they are aware,
which have not yet been directly pardoned by the keys of the Church, and which have not been confessed in an individual confession.
§2 The faithful
are recommended to confess also venial sins.
Can. 989
All the faithful
who have reached the age of discretion are bound faithfully to confess their
grave sins at least once a year.
Can. 990
No one is
forbidden to confess through an interpreter, provided however that abuse and scandal are avoided, and without prejudice to the provision of can. 983 §2.
Can. 991
All Christ's
faithful are free to confess their sins to lawfully approved confessors of their own choice, even to one of another rite.
Chapter 4. Indulgences
Can. 992
An indulgence is
the remission in the sight of God of the temporal punishment due for sins,
the guilt of which has already been forgiven. A member of Christ's faithful
who is properly disposed and who fulfils certain specific conditions, may
gain an indulgence by the help of the Church which, as the minister of redemption, authoritatively dispenses and applies the treasury of the merits of Christ and the Saints.
Can. 993
An indulgence is
partial or plenary according as it partially or wholly frees a person from
the temporal punishment due for sins.
Can. 994
All members of the faithful can gain indulgences, partial or plenary, for themselves, or
they can apply them by way of suffrage to the dead.
Can. 995
§1 Apart from the supreme authority in the Church, only those can grant indulgences to whom
this power is either acknowledged in the law, or given by the Roman Pontiff.
§2 No authority
below the Roman Pontiff can give to others the faculty of granting indulgences,
unless this authority has been expressly given to the person by the Apostolic
See.
Can. 996
§1 To be capable of gaining indulgences a person must be baptised, not excommunicated, and in
the state of grace at least on the completion of the prescribed work.
§2 To gain them,
however, the person who is capable must have at least the intention of gaining them, and must fulfil the prescribed works at the time and in the manner determined by the terms of the grant.
Can. 997
As far as the granting and the use of indulgences is concerned, the other provisions
contained in the special laws of the Church must also be observed.
Title 5. The
Sacrament of Anointing of the sick
Can. 998
The anointing of the sick, by which the Church commends to the suffering and glorified Lord
the faithful who are dangerously ill so that he may support and save them, is
conferred by anointing them with oil and pronouncing the words prescribed in
the liturgical books.
Chapter 1. The Celebration of the Sacrament
Can. 999
The oil to be used
in the anointing of the sick can be blessed not only by a Bishop but also by:
1. those who are in law equivalent to the diocesan Bishop;
2. in a case of necessity, any priest but only in the actual celebration of the sacrament.
Can. 1000
§1 The anointings
are to be carried out accurately, with the words and in the order and manner
prescribed in the liturgical books. In a case of necessity, however, a single
anointing on the forehead, or even on another part of the body, is sufficient
while the full formula is recited.
§2 The minister
is to anoint with his own hand, unless a grave reason indicates the use of an
instrument.
Can. 1001
Pastors of souls
and those who are close to the sick are to ensure that the sick are helped by
this sacrament in good time.
Can. 1002
The communal
celebration of anointing of the sick, for a number of the sick together, who
have been appropriately prepared and are rightly disposed, may be held in
accordance with the regulations of the diocesan Bishop.
Chapter 2. The Minister of Anointing of the Sick
Can. 1003
§1 Every priest,
but only a priest, can validly administer the anointing of the sick.
§2 All priests to
whom has been committed the care of souls, have the obligation and the right
to administer the anointing of the sick to those of the faithful entrusted to
their pastoral care. For a reasonable cause, any other priest may administer
this sacrament if he has the consent, at least presumed, of the aforementioned priest.
§3 Any priest may
carry the holy oil with him, so that in a case of necessity he can administer
the sacrament of anointing of the sick.
Chapter 3. Those to be Anointed
Can. 1004
§1 The anointing of the sick can be administered to any member of the faithful who, having
reached the use of reason, begins to be in danger of death by reason of illness or old age.
§2 This sacrament
can be repeated if the sick person, having recovered, again becomes seriously
ill or if, in the same illness, the danger becomes more serious.
Can. 1005
If there is any
doubt as to whether the sick person has reached the age of reason, or is
dangerously ill, or is dead, this sacrament is to be administered.
Can. 1006
This sacrament is
to be administered to the sick who, when they were in possession of their
faculties, at least implicitly asked for it.
Can. 1007
The anointing of the sick is not to be conferred on those who obstinately persist in a
manifestly grave sin.
Title 6. Orders
Can. 1008
by divine
institution some among Christ's faithful are, through the sacrament of order,
marked with an indelible character and are thus constituted sacred ministers;
thereby they are consecrated and deputed so that, each according to his own
grade, they fulfil, in the person of Christ the Head, the offices of teaching, sanctifying and ruling, and so they nourish the people of God.
Can. 1009
§1 The orders are
the episcopate, the priesthood and the diaconate.
§2 They are
conferred by the imposition of hands and the prayer of consecration which the liturgical books prescribe for each grade.
Chapter 1. The Celebration of Ordination and the Minister
Can. 1010
An ordination is
to be celebrated during Mass, on a Sunday or holyday of obligation. For
pastoral reasons, however, it may take place on other days also, even on
ferial days.
Can. 1011
§1 An ordination
is normally to be celebrated in the cathedral Church.
For pastoral
reasons, however, it may be celebrated in another Church or oratory.
§2 Clerics and other members of Christ's faithful are to be invited to attend an ordination,
so that the greatest possible number may be present at the celebration.
Can. 1012
The minister of sacred ordination is a consecrated Bishop.
Can. 1013
No Bishop is
permitted to consecrate anyone as Bishop, unless it is first established that
a pontifical mandate has been issued.
Can. 1014
Unless a
dispensation has been granted by the Apostolic See, the principal
consecrating Bishop at an episcopal consecration is to have at least two
other consecrating Bishops with him. It is, however, entirely appropriate
that all the Bishops present should join with these in consecrating the Bishop-elect.
Can. 1015
§1 Each candidate
is to be ordained to the priesthood or to the diaconate by his proper Bishop,
or with lawful dimissorial letters granted by that Bishop.
§2 If not impeded
from doing so by a just reason, a Bishop is himself to ordain his own
subjects. He may not, however, without an apostolic indult lawfully ordain a
subject of an oriental rite.
§3 Anyone who is
entitled to give dimissorial letters for the reception of orders may also
himself confer these orders, if he is a Bishop.
Can. 1016
In what concerns
the ordination to the diaconate of those who intend to enrol themselves in
the secular clergy, the proper Bishop is the Bishop of the diocese in which
the aspirant has a domicile, or the Bishop of the diocese to which he intends
to devote himself. In what concerns the priestly ordination of the secular
clergy, it is the Bishop of the diocese in which the aspirant was
incardinated by the diaconate.
Can. 1017
A Bishop may not
confer orders outside his own jurisdiction except with the permission of the diocesan Bishop.
Can. 1018
§1 The following
can give dimissorial letters for the secular clergy:
1. The proper Bishop mentioned in can. 1016;
2. The apostolic Administrator; with the consent of the college of consultors, the diocesan Administrator; with the consent of the council
mentioned in can.
495 §2, the Pro-vicar and Pro-prefect apostolic.
§2 The diocesan
Administrator, the Pro-vicar and Pro-prefect apostolic are not to give
dimissorial letters to those to whom admission to orders was refused by the diocesan Bishop or by the Vicar or Prefect apostolic.
Can. 1019
§1 It belongs to
the major Superior of a clerical religious institute of pontifical right or of a clerical society of apostolic life of pontifical right to grant
dimissorial letters for the diaconate and for the priesthood to his subjects
who are, in accordance with the constitutions, perpetually or definitively
enrolled in the institute or society.
§2 The ordination of all other candidates of whatever institute or society, is governed by the law applying to the secular clergy, any indult whatsoever granted to
Superiors being revoked.
Can. 1020
Dimissorial
letters are not to be granted unless all the testimonials and documents
required by the law in accordance with cann. 1050 and 1051 have first been
obtained.
Can. 1021
Dimissorial
letters may be sent to any Bishop in communion with the Apostolic See, but
not to a Bishop of a rite other than that of the ordinand, unless there is an
apostolic indult.
Can. 1022
When the ordaining Bishop has received the prescribed dimissorial letters, he may
proceed to the ordination only when the authenticity of these letters is
established beyond any doubt whatever.
Can. 1023
Dimissorial
letters can be limited or can be revoked by the person granting them or by
his successor; once granted, they do not lapse on the expiry of the grantors
authority.
Chapter 2. Those to be Ordained
Can. 1024
Only a baptised
man can validly receive sacred ordination.
Can. 1025
§1 In order
lawfully to confer the orders of priesthood or diaconate, it must have been
established, in accordance with the proofs laid down by law, that in the judgement of the proper Bishop or competent major Superior, the candidate
possesses the requisite qualities, that he is free of any irregularity or
impediment, and that he has fulfilled the requirements set out in can.
1033-1039. Moreover, the documents mentioned in can. 1050 must be to hand,
and the investigation mentioned in can. 1051 must have been carried out.
§2 It is further
required that, in the judgement of the same lawful Superior, the candidate is
considered beneficial to the ministry of the Church.
§3 A Bishop
ordaining his own subject who is destined for the service of another diocese,
must be certain that the ordinand will in fact be attached to that other
diocese.
Art. 1. The
Requirements in those to be Ordained
Can. 1026
For a person to
be ordained, he must enjoy the requisite freedom. It is absolutely wrong to
compel anyone, in any way or for any reason whatsoever, to receive orders, or
to turn away from orders anyone who is canonically suitable.
Can. 1027
Aspirants to the diaconate and the priesthood are to be formed by careful preparation in
accordance with the law.
Can. 1028
The diocesan
Bishop or the competent Superior must ensure that before they are promoted to
any order, candidates are properly instructed concerning the order itself and its obligations.
Can. 1029
Only those are to
be promoted to orders who, in the prudent judgement of the proper Bishop or
the competent major Superior, all things considered, have sound faith, are
motivated by the right intention, are endowed with the requisite knowledge,
enjoy a good reputation, and have moral probity, proven virtue and the other
physical and psychological qualities appropriate to the order to be received.
Can. 1030
The proper Bishop
or the competent major Superior may, but only for a canonical reason, even
one which is occult, forbid admission to the priesthood to deacons subject to
them who were destined for the priesthood, without prejudice to recourse in
accordance with the law.
Can. 1031
§1 The priesthood
may be conferred only on those who have completed their twenty-fifth year of age, and possess a sufficient maturity; moreover, an interval of at least six
months between the diaconate and the priesthood must have been observed.
Those who are destined for the priesthood are to be admitted to the order of diaconate only when they have completed their twenty-third year.
§2 A candidate
for the permanent diaconate who is not married may be admitted to the diaconate only when he has completed at least his twenty-fifth year; if he is
married, not until he has completed at least his thirty-fifth year, and then
with the consent of his wife.
§3 Episcopal
Conferences may issue a regulation which requires a later age for the priesthood and for the permanent diaconate.
§4 A dispensation of more than a year from the age required by ?§1 and 2 is reserved to the Apostolic See.
Can. 1032
§1 Aspirants to
the priesthood may be promoted to the diaconate only when they have completed
the fifth year of the curriculum of philosophical and theological studies.
§2 After
completing the curriculum of studies and before being promoted to the priesthood, deacons are to spend an appropriate time, to be determined by the Bishop or by the competent major Superior, exercising the diaconal order and taking part in the pastoral ministry.
§3 An aspirant to
the permanent diaconate is not to be promoted to this order until he has
completed the period of formation.
Art. 2.
Prerequisites for Ordination
Can. 1033
Only one who has
received the sacrament of sacred confirmation may lawfully be promoted to
orders.
Can. 1034
§1 An aspirant to
the diaconate or to the priesthood is not to be ordained unless he has first,
through the liturgical rite of admission, secured enrolment as a candidate
from the authority mentioned in cann. 1016 and 1019. He must previously have
submitted a petition in his own hand and signed by him, which has been
accepted in writing by the same authority.
§2 One who has by
vows become a member of a clerical institute is not obliged to obtain this
admission.
Can. 1035
§1 Before anyone
may be promoted to the diaconate, whether permanent or transitory, he must
have received the ministries of lector and acolyte, and have exercised them
for an appropriate time.
§2 Between the conferring of the ministry of acolyte and the diaconate there is to be an
interval of at least six months.
Can. 1036
For a candidate
to be promoted to the order of diaconate or priesthood, he must submit to the proper Bishop or to the competent major Superior a declaration written in his
own hand and signed by him, in which he attests that he will spontaneously
and freely receive the sacred order and will devote himself permanently to
the ecclesiastical ministry, asking at the same time that he be admitted to
receive the order.
Can. 1037
A candidate for
the permanent diaconate who is not married and likewise a candidate for the priesthood, is not to be admitted to the order of diaconate unless he has, in
the prescribed rite, publicly before God and the Church undertaken the obligation of celibacy, or unless he has taken perpetual vows in a religious
institute.
Can. 1038
A deacon who
refuses to be promoted to the priesthood may not be forbidden the exercise of the order he has received, unless he is constrained by a canonical
impediment, or unless there is some other grave reason, to be estimated by
the diocesan Bishop or the competent major Superior
Can. 1039
All who are to be
promoted to any order must make a retreat for at least five days, in a place
and in the manner determined by the Ordinary. Before he proceeds to the ordination, the Bishop must have assured himself that the candidates have
duly made the retreat.
Art. 3. Irregularities and other Impediments
Can. 1040
Those bound by an
impediment are to be barred from the reception of orders. An impediment may
be simple; or it may be perpetual, in which case it is called an
irregularity. No impediment is contracted which is not contained in the following canons.
Can. 1041
The following
persons are irregular for the reception of orders:
1. one who suffers from any form of insanity, or from any other psychological
infirmity, because of which he is, after experts have been consulted, judged
incapable of being able to fulfil the ministry;
2. one who has committed the offence of apostasy, heresy or schism;
3. one who has attempted marriage, even a civil marriage, either while
himself prevented from entering marriage whether by an existing marriage bond
or by a sacred order or by a public and perpetual vow of chastity, or with a
woman who is validly married or is obliged by the same vow;
4. one who has committed wilful homicide, or one who has actually procured an
abortion, and all who have positively cooperated;
5. one who has gravely and maliciously mutilated himself or another, or who
has attempted suicide;
6. one who has carried out an act of order which is reserved to those in the order of the episcopate or priesthood, while himself either not possessing
that order or being barred from its exercise by some canonical penalty,
declared or imposed.
Can. 1042
The following are
simply impeded from receiving orders:
1. a man who has a wife, unless he is lawfully destined for the permanent
diaconate;
2. one who exercises an office or administration forbidden to clerics, in
accordance with cann. 285 and 286, of which he must render an account; the impediment binds until such time as, having relinquished the office and administration and rendered the account, he has been freed;
3. a neophyte, unless, in the judgement of the Ordinary, he has been
sufficiently tested.
Can. 1043
Christ's faithful
are bound to reveal, before ordination, to the Ordinary or to the parish
priest, such impediments to sacred orders as they may know about.
Can. 1044
§1 The following
are irregular for the exercise of orders already received:
1. one who, while bound by an irregularity for the reception of orders,
unlawfully received orders;
2. one who committed the offence mentioned in can. 1041, n. 2, if the offence
is public
3. one who committed any of the offences mentioned in can. 1041, nn. 3,
4,5,6.
§2 The following
are impeded from the exercise of orders:
1. one who, while bound by an impediment to the reception of orders,
unlawfully received orders;
2. one who suffers from insanity or from some other psychological infirmity
mentioned in can. 1041, n. 1, until such time as the Ordinary, having
consulted an expert, has allowed the exercise of the order in question.
Can. 1045
Ignorance of irregularities and impediments does not exempt from them.
Can. 1046
Irregularities
and impediments are multiplied if they arise from different causes, not
however from the repetition of the same cause, unless it is a question of the irregularity arising from the commission of wilful homicide or from having
actually procured an abortion.
Can. 1047
§1 If the fact on
which they are based has been brought to the judicial forum, dispensation
from all irregularities is reserved to the Apostolic See alone.
§2 Dispensation
from the following irregularities and impediments to the reception of orders
is also reserved to the Apostolic See:
1. irregularities arising from the offences mentioned in can. 1041, nn. 2 and 3, if they are public;
2. an irregularity arising from the offence, whether public or occult,
mentioned in can. 1041, n. 4;
3. The impediment mentioned in can. 1042, n. 1.
§3 To the Apostolic See is also reserved the dispensation from the irregularities for
the exercise of an order received mentioned in can. 1041, n.3 but only in
public cases, and in n. 4 of the same canon even in occult cases.
§4 The Ordinary
can dispense from irregularities and impediments not reserved to the Holy
See.
Can. 1048
In the more
urgent occult cases, if the Ordinary or, in the case of the irregularities
mentioned in can. 1041, nn. 3 and 4, the Penitentiary cannot be approached,
and if there is imminent danger of serious harm or loss of reputation, the person who is irregular for the exercise of an order may exercise it. There
remains, however, the obligation of his having recourse as soon as possible
to the Ordinary or the Penitentiary, without revealing his name, and through
a confessor.
Can. 1049
§1 In a petition
to obtain a dispensation from irregularities or impediments, all
irregularities and impediments are to be mentioned. However, a general
dispensation is valid also for those omitted in good faith, with the exception of the irregularities mentioned in can. 1041, n. 4, or of others
which have been brought to the judicial forum; it is not, however, valid for
those concealed in bad faith.
§2 If it is
question of an irregularity arising from wilful homicide or from a procured
abortion, for the validity of the dispensation even the number of offences
must be stated.
§3 A general
dispensation from irregularities and impediments to the reception of orders
is valid for all orders.
Art. 4.
Documents required and the Investigation
Can. 1050
For a person to
be promoted to sacred orders, the following documents are required:
1. a certificate of studies duly completed in accordance with can. 1032;
2" for those to be ordained to the priesthood, a certificate of the reception of the diaconate
3. for those to be promoted to the diaconate, certificates of the reception of baptism, of confirmation and of the ministries mentioned in can. 1035, and a certificate that the declaration mentioned in can. 1036 has been made, if
an ordinand to be promoted to the permanent diaconate is married, a certificate of his marriage and testimony of his wifes consent.
Can. 1051
In the investigation of the requisite qualities of one who is to be ordained, the following provisions are to be observed:
1. There is to be a certificate from the rector of the seminary or of the house of formation, concerning the qualities required in the candidate for
the reception of the order, namely sound doctrine, genuine piety, good moral
behaviour, fitness for the exercise of the ministry, likewise, after proper
investigation, a certificate of the candidates state of physical and psychological health;
2. The diocesan Bishop or the major Superior may, in order properly to
complete the investigation, use other means which, taking into account the circumstances of time and place, may seem useful, such as testimonial
letters, public notices or other sources of information.
Can. 1052
§1 For a Bishop
to proceed to an ordination which he is to confer by his own right, he must
be satisfied that the documents mentioned in can. 1050 are at hand and that,
as a result of the investigations prescribed by law, the suitability of the candidate has been positively established.
§2 For a Bishop
to proceed to the ordination of someone not his own subject, it is sufficient
that the dimissorial letters state that those documents are at hand, that the investigation has been conducted in accordance with the law, and that the candidates suitability has been established. If the ordinand is a member of a
religious institute or a society of apostolic life, these letters must also
testify that he has been definitively enrolled in the institute or society
and that he is a subject of the Superior who gives the letters.
§3 If, not
withstanding all this, the Bishop has definite reasons for doubting that the candidate is suitable to receive orders, he is not to promote him.
Chapter 3. The Registration and Evidence of Ordination
Can. 1053
§1 After an
ordination, the names of the individuals ordained, the name of the ordaining
minister, and the place and date of ordination are to be entered in a special
register which is to be carefully kept in the curia of the place of ordination. All the documents of each ordination are to be accurately
preserved.
§2 The ordaining
Bishop is to give to each person ordained an authentic certificate of the ordination received. Those who, with dimissorial letters, have been promoted
by a Bishop other than their own, are to submit the certificate to their
proper Ordinary for the registration of the ordination in a special register,
to be kept in the archive.
Can. 1054
The local
Ordinary, if it concerns the secular clergy, or the competent major Superior,
if it concerns his subjects, is to send a notification of each ordination to
the parish priest of the place of baptism. The parish priest is to record the ordination in the baptismal register in accordance with can. 535 §2.
Title 7.
Marriage
Can. 1055
§1 The marriage
covenant, by which a man and a woman establish between themselves a
partnership of their whole life, and which of its own very nature is ordered
to the well-being of the spouses and to the procreation and upbringing of children, has, between the baptised, been raised by Christ the Lord to the dignity of a sacrament.
§2 Consequently,
a valid marriage contract cannot exist between baptised persons without its
being by that very fact a sacrament.
Can. 1056
The essential
properties of marriage are unity and indissolubility; in christian marriage
they acquire a distinctive firmness by reason of the sacrament.
Can. 1057
§1 A marriage is
brought into being by the lawfully manifested consent of persons who are
legally capable. This consent cannot be supplied by any human power.
§2 Matrimonial
consent is an act of will by which a man and a woman by an irrevocable
covenant mutually give and accept one another for the purpose of establishing
a marriage.
Can. 1058
All can contract
marriage who are not prohibited by law.
Can. 1059
The marriage of catholics, even if only one party is baptised, is governed not only by divine
law but also by canon law, without prejudice to the competence of the civil
authority in respect of the merely civil effects of the marriage.
Can. 1060
Marriage enjoys
the favour of law. Consequently, in doubt the validity of a marriage must be
upheld until the contrary is proven.
Can. 1061
§1 A valid
marriage between baptised persons is said to be merely ratified, if it is not
consummated; ratified and consummated, if the spouses have in a human manner
engaged together in a conjugal act in itself apt for the generation of offspring.
To this act marriage is by its nature ordered and by it the spouses become
one flesh.
§2 If the spouses
have lived together after the celebration of their marriage, consummation is
presumed until the contrary is proven.
§3 An invalid
marriage is said to be putative if it has been celebrated in good faith by at
least one party. It ceases to be such when both parties become certain of its
nullity.
Can. 1062
§1 A promise of marriage, whether unilateral or bilateral, called an engagement, is governed
by the particular law which the Episcopal Conference has enacted, after
consideration of such customs and civil laws as may exist.
§2 No right of action to request the celebration of marriage arises from a promise of marriage, but there does arise an action for such reparation of damages as
may be due.
Chapter 1. Pastoral Care and the Prerequisites For the Celebration of Marriage
Can. 1063
Pastors of souls
are obliged to ensure that their own Church community provides for Christ's
faithful the assistance by which the married state is preserved in its
christian character and develops in perfection. This assistance is to be
given principally:
1. by preaching, by catechetical instruction adapted to children, young
people and adults, indeed by the use of the means of social communication, so
that Christ's faithful are instructed in the meaning of christian marriage
and in the role of christian spouses and parents;
2. by personal preparation for entering marriage, so that the spouses are
disposed to the holiness and the obligations of their new state;
3. by the fruitful celebration of the marriage liturgy, so that it clearly
emerges that the spouses manifest, and participate in, the mystery of the unity and fruitful love between Christ and the Church;
4. by the help given to those who have entered marriage, so that by
faithfully observing and protecting their conjugal covenant, they may day by
day achieve a holier and a fuller family life.
Can. 1064
It is the responsibility of the local Ordinary to ensure that this assistance is duly
organised. If it is considered opportune, he should consult with men and women of proven experience and expertise.
Can. 1065
§1 Catholics who
have not yet received the sacrament of confirmation are to receive it before
being admitted to marriage, if this can be done without grave inconvenience.
§2 So that the sacrament of marriage may be fruitfully received, spouses are earnestly
recommended that they approach the sacraments of penance and the blessed
Eucharist.
Can. 1066
Before a marriage
takes place, it must be established that nothing stands in the way of its
valid and lawful celebration.
Can. 1067
The Episcopal
Conference is to lay down norms concerning the questions to be asked of the parties, the publication of marriage banns, and the other appropriate means of enquiry to be carried out before marriage. Only when he has carefully
observed these norms may the parish priest assist at a marriage.
Can. 1068
In danger of death, if other proofs are not available, it suffices, unless there are contrary
indications, to have the assertion of the parties, sworn if need be, that
they are baptised and free of any impediment.
Can. 1069
Before the celebration of a marriage, all the faithful are bound to reveal to the parish
priest or the local Ordinary such impediments as they may know about.
Can. 1070
If someone other
than the parish priest whose function it is to assist at the marriage has
made the investigations, he is by an authentic document to inform that parish
priest of the outcome of these enquiries as soon as possible.
Can. 1071
§1 Except in a
case of necessity, no one is to assist without the permission of the local
Ordinary at:
1. a marriage of vagi;
2. a marriage which cannot be recognised by the civil law or celebrated in
accordance with it;
3. a marriage of a person for whom a previous union has created natural
obligations towards a third party or towards children;
4. a marriage of a person who has notoriously rejected the catholic faith;
5. a marriage of a person who is under censure;
6. a marriage of a minor whose parents are either unaware of it or are
reasonably opposed to it;
7. a marriage to be entered by proxy, as mentioned in can. 1105.
§2 The local
Ordinary is not to give permission to assist at the marriage of a person who
has notoriously rejected the Catholic faith unless, with the appropriate
adjustments, the norms of can. 1125 have been observed.
Can. 1072
Pastors of souls
are to see to it that they dissuade young people from entering marriage
before the age customarily accepted in the region.
Chapter 2. Diriment Impediments In General
Can. 1073
A diriment
impediment renders a person incapable of validly contracting a marriage.
Can. 1074
An impediment is
said to be public, when it can be proved in the external forum; otherwise, it
is occult.
Can. 1075
§1 Only the supreme authority in the Church can authentically declare when the divine law
prohibits or invalidates a marriage.
§2 Only the same
supreme authority has the right to establish other impediments for those who
are baptised.
Can. 1076
A custom which
introduces a new impediment, or is contrary to existing impediments, is to be
reprobated.
Can. 1077
§1 The local
Ordinary can in a specific case forbid a marriage of his own subjects,
wherever they are residing, or of any person actually present in his
territory; he can do this only for a time, for a grave reason and while that
reason persists.
§2 Only the supreme authority in the Church can attach an invalidating clause to a
prohibition.
Can. 1078
§1 The local
Ordinary can dispense his own subjects wherever they are residing, and all
who are actually present in his territory, from all impediments of ecclesiastical law, except for those whose dispensation is reserved to the Apostolic See.
§2 The
impediments whose dispensation is reserved to the Apostolic See are:
1. The impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right
2. The impediment of crime mentioned in can. 1090.
§3 A dispensation
is never given from the impediment of consanguinity in the direct line or in
the second degree of the collateral line.
Can. 1079
§1 When danger of death threatens, the local Ordinary can dispense his own subjects, wherever
they are residing, and all who are actually present in his territory, both
from the form to be observed in the celebration of marriage, and from each
and every impediment of ecclesiastical law, whether public or occult, with
the exception of the impediment arising from the sacred order of priesthood.
§2 In the same
circumstances mentioned in §1, but only for cases in which not even the local
Ordinary can be approached, the same faculty of dispensation is possessed by
the parish priest, by a properly delegated sacred minister, and by the priest
or deacon who assists at the marriage in accordance with can. 1116
§2.
§3 In danger of death, the confessor has the power to dispense from occult impediments for
the internal forum, whether within the act of sacramental confession or
outside it.
§4 In the case
mentioned in §2, the local Ordinary is considered unable to be approached if
he can be reached only by telegram or by telephone.
Can. 1080
§1 Whenever an
impediment is discovered after everything has already been prepared for a
wedding and the marriage cannot without probable danger of grave harm be
postponed until a dispensation is obtained from the competent authority, the power to dispense from all impediments, except those mentioned in can. 1078
§2, n. 1, is possessed by the local Ordinary and, provided the case is
occult, by all those mentioned in can. 1079 ?§2-3, the conditions prescribed
therein having been observed.
§2 This power
applies also to the validation of a marriage when there is the same danger in
delay and there is no time to have recourse to the Apostolic See or, in the case of impediments from which he can dispense, to the local Ordinary.
Can. 1081
The parish priest
or the priest or deacon mentioned in can. 1079 §2, should inform the local
Ordinary immediately of a dispensation granted for the external forum, and this dispensation is to be recorded in the marriage register.
Can. 1082
Unless a rescript of the Penitentiary provides otherwise, a dispensation from an occult
impediment granted in the internal nonsacramental forum, is to be recorded in
the book to be kept in the secret archive of the curia. No other dispensation
for the external forum is necessary if at a later stage the occult impediment
becomes public.
Chapter 3. Individual diriment impediments
Can. 1083
§1 A man cannot
validly enter marriage before the completion of his sixteenth year of age,
nor a woman before the completion of her fourteenth year.
§2 The Episcopal
Conference may establish a higher age for the lawful celebration of marriage.
Can. 1084
§1 Antecedent and perpetual impotence to have sexual intercourse, whether on the part of the man or on that of the woman, whether absolute or relative, by its very nature
invalidates marriage.
§2 If the impediment of impotence is doubtful, whether the doubt be one of law or one of fact, the marriage is not to be prevented nor, while the doubt persists,
is it to be declared null.
§3 Without
prejudice to the provisions of can. 1098, sterility neither forbids nor
invalidates a marriage.
Can. 1085
§1 A person bound
by the bond of a previous marriage, even if not consummated, invalidly
attempts marriage.
§2 Even though
the previous marriage is invalid or for any reason dissolved, it is not
thereby lawful to contract another marriage before the nullity or the dissolution of the previous one has been established lawfully and with
certainty.
Can. 1086
§1 A marriage is
invalid when one of the two persons was baptised in the catholic Church or
received into it and has not by a formal act defected from it, and the other
was not baptised.
§2 This
impediment is not to be dispensed unless the conditions mentioned in cann.
1125 and 1126 have been fulfilled.
§3 If at the time
the marriage was contracted one party was commonly understood to be baptised,
or if his or her baptism was doubtful, the validity of the marriage is to be
presumed in accordance with can. 1060, until it is established with certainty
that one party was baptised and the other was not.
Can. 1087
Those who are in
sacred orders invalidly attempt marriage.
Can. 1088
Those who are
bound by a public perpetual vow of chastity in a religious institute
invalidly attempt marriage.
Can. 1089
No marriage can
exist between a man and a woman who has been abducted, or at least detained,
with a view to contracting a marriage with her, unless the woman, after she
has been separated from her abductor and established in a safe and free
place, chooses marriage of her own accord.
Can. 1090
§1 One who, with
a view to entering marriage with a particular person, has killed that persons
spouse, or his or her own spouse, invalidly attempts this marriage.
§2 They also
invalidly attempt marriage with each other who, by mutual physical or moral
action, brought about the death of eithers spouse.
Can. 1091
§1 Marriage is
invalid between those related by consanguinity in all degrees of the direct
line, whether ascending or descending, legitimate or natural.
§2 In the collateral line, it is invalid up to the fourth degree inclusive.
§3 The impediment of consanguinity is not multiplied.
§4 A marriage is
never to be permitted if a doubt exists as to whether the parties are related
by consanguinity in any degree of the direct line, or in the second degree of the collateral line.
Can. 1092
Affinity in any
degree of the direct line invalidates marriage.
Can. 1093
The impediment of public propriety arises when a couple live together after an invalid
marriage, or from a notorious or public concubinage. It invalidates marriage
in the first degree of the direct line between the man and those related by
consanguinity to the woman, and vice versa.
Can. 1094
Those who are
legally related by reason of adoption cannot validly marry each other if
their relationship is in the direct line or in the second degree of the collateral line.
Chapter 4. Matrimonial Consent
Can. 1095
The following are
incapable of contracting marriage:
1. those who lack sufficient use of reason;
2. those who suffer from a grave lack of discretionary judgement concerning
the essential matrimonial rights and obligations to be mutually given and accepted;
3. those who, because of causes of a psychological nature, are unable to
assume the essential obligations of marriage.
Can. 1096
§1 For
matrimonial consent to exist, it is necessary that the contracting parties be
at least not ignorant of the fact that marriage is a permanent partnership
between a man and a woman, ordered to the procreation of children through
some form of sexual cooperation.
§2 This ignorance
is not presumed after puberty.
Can. 1097
§1 Error about a
person renders a marriage invalid.
§2 Error about a
quality of the person, even though it be the reason for the contract, does
not render a marriage invalid unless this quality is directly and principally
intended.
Can. 1098
A person
contracts invalidly who enters marriage inveigled by deceit, perpetrated in
order to secure consent, concerning some quality of the other party, which of its very nature can seriously disrupt the partnership of conjugal life.
Can. 1099
Provided it does
not determine the will, error concerning the unity or the indissolubility or
the sacramental dignity of marriage does not vitiate matrimonial consent.
Can. 1100
Knowledge of or
opinion about the nullity of a marriage does not necessarily exclude
matrimonial consent.
Can. 1101
§1 The internal
consent of the mind is presumed to conform to the words or the signs used in
the celebration of a marriage.
§2 If, however,
either or both of the parties should by a positive act of will exclude
marriage itself or any essential element of marriage or any essential
property, such party contracts invalidly.
Can. 1102
§1 Marriage
cannot be validly contracted subject to a condition concerning the future.
§2 Marriage
entered into subject to a condition concerning the past or the present is
valid or not, according as whatever is the basis of the condition exists or
not.
§3 However, a
condition as mentioned in §2 may not lawfully be attached except with the written permission of the local Ordinary.
Can. 1103
A marriage is
invalid which was entered into by reason of force or of grave fear imposed
from outside, even if not purposely, from which the person has no escape
other than by choosing marriage.
Can. 1104
§1 To contract
marriage validly it is necessary that the contracting parties be present
together, either personally or by proxy
§2 The spouses
are to express their matrimonial consent in words; if, however, they cannot
speak, then by equivalent signs.
Can. 1105
§1 For a marriage
by proxy to be valid, it is required:
1. that there be a special mandate to contract with a specific person;
2. that the proxy be designated by the mandator and personally discharge this
function;
§2 For the mandate to be valid, it is to be signed by the mandator, and also by the parish priest or local Ordinary of the place in which the mandate is given or
by a priest delegated by either of them or by at least two witnesses, or it
is to be drawn up in a document which is authentic according to the civil
law.
§3 If the mandator cannot write, this is to be recorded in the mandate and another
witness added who is also to sign the document; otherwise, the mandate is
invalid.
§4 If the mandator revokes the mandate, or becomes insane, before the proxy contracts
in his or her name, the marriage is invalid, even though the proxy or the other contracting party is unaware of the fact.
Can. 1106
Marriage can be
contracted through an interpreter, but the parish priest may not assist at
such a marriage unless he is certain of the trustworthiness of the interpreter.
Can. 1107
Even if a
marriage has been entered into invalidly by reason of an impediment or defect of form, the consent given is presumed to persist until its withdrawal has
been established.
Chapter 5. The Form of the Celebration of Marriage
Can. 1108
§1 Only those
marriages are valid which are contracted in the presence of the local
Ordinary or parish priest or of the priest or deacon delegated by either of them, who, in the presence of two witnesses, assists, in accordance however
with the rules set out in the following canons, and without prejudice to the exceptions mentioned in cann. 144, 1112 §1, 1116 and 1127 ?§2-3.
§2 Only that
person who, being present, asks the contracting parties to manifest their
consent and in the name of the Church receives it, is understood to assist at
a marriage.
Can. 1109
Within the limits of their territory, the local Ordinary and the parish priest by virtue of their office validly assist at the marriages not only of their subjects, but
also of non-subjects, provided one or other of the parties is of the latin
rite. They cannot assist if by sentence or decree they have been
excommunicated, placed under interdict or suspended from office, or been
declared to be such.
Can. 1110
A personal
Ordinary and a personal parish priest by virtue of their office validly
assist, within the confines of their jurisdiction, at the marriages only of those of whom at least one party is their subject.
Can. 1111
§1 As long as
they validly hold office, the local Ordinary and the parish priest can
delegate to priests and deacons the faculty, even the general faculty, to
assist at marriages within the confines of their territory.
§2 In order that
the delegation of the faculty to assist at marriages be valid, it must be
expressly given to specific persons; if there is question of a special
delegation, it is to be given for a specific marriage; if however there is
question of a general delegation, it is to be given in writing.
Can. 1112
§1 Where there
are no priests and deacons, the diocesan Bishop can delegate lay persons to
assist at marriages, if the Episcopal Conference has given its prior approval
and the permission of the Holy See has been obtained.
§2 A suitable lay
person is to be selected, capable of giving instruction to those who are
getting married, and fitted to conduct the marriage liturgy properly.
Can. 1113
§1 Before a
special delegation is granted, provision is to be made for all those matters
which the law prescribes to establish the freedom to marry.
Can. 1114
One who assists
at a marriage acts unlawfully unless he has satisfied himself of the parties
freedom to marry in accordance with the law and, whenever he assists by
virtue of a general delegation, has satisfied himself of the parish priests
permission, if this is possible.
Can. 1115
Marriages are to
be celebrated in the parish in which either of the contracting parties has a
domicile or a quasi-domicile or a months residence or, if there is question of vagi, in the parish in which they are actually residing. With the permission of the proper Ordinary or the proper parish priest, marriages may
be celebrated elsewhere.
Can. 1116
§1 If one who, in
accordance with the law, is competent to assist, cannot be present or be
approached without grave inconvenience, those who intend to enter a true
marriage can validly and lawfully contract in the presence of witnesses only:
1. in danger of death;
2. apart from danger of death, provided it is prudently foreseen that this
state of affairs will continue for a month.
§2 In either
case, if another priest or deacon is at hand who can be present, he must be
called on and, together with the witnesses, be present at the celebration of the marriage, without prejudice to the validity of the marriage in the presence of only the witnesses.
Can. 1117
The form
prescribed above is to be observed if at least one of the parties contracting
marriage was baptised in the catholic Church or received into it and has not
by a formal act defected from it, without prejudice to the provisions of can.
1127 §2.
Can. 1118
§1 A marriage
between catholics, or between a catholic party and a baptised non-catholic,
is to be celebrated in the parish Church. by permission of the local Ordinary
or of the parish priest, it may be celebrated in another Church or oratory.
§2 The local
Ordinary can allow a marriage to be celebrated in another suitable place.
§3 A marriage
between a catholic party and an unbaptised party may be celebrated in a
Church or in another suitable place.
Can. 1119
Apart from a case of necessity, in the celebration of marriage those rites are to be observed
which are prescribed in the liturgical books approved by the Church, or which
are acknowledged by lawful customs.
Can. 1120
The Episcopal
Conference can draw up its own rite of marriage, in keeping with those usages of place and people which accord with the christian spirit; it is to be
reviewed by the Holy See, and it is without prejudice to the law that the person who is present to assist at the marriage is to ask for and receive the expression of the consent of the contracting parties.
Can. 1121
§1 As soon as
possible after the celebration of a marriage, the parish priest of the place of celebration or whoever takes his place, even if neither has assisted at
the marriage, is to record in the marriage register the names of the spouses, of the person who assisted and of the witnesses, and the place and date of the celebration of the marriage; this is to be done in the manner prescribed
by the Episcopal Conference or by the diocesan Bishop.
§2 Whenever a
marriage is contracted in accordance with can. 1116, the priest or deacon, if
he was present at the celebration, otherwise the witnesses, are bound jointly
with the contracting parties as soon as possible to inform the parish priest
or the local Ordinary about the marriage entered into.
§3 In regard to a
marriage contracted with a dispensation from the canonical form, the local
Ordinary who granted the dispensation is to see to it that the dispensation
and the celebration are recorded in the marriage register both of the curia,
and of the proper parish of the catholic party whose parish priest carried
out the inquiries concerning the freedom to marry. The catholic spouse is
obliged as soon as possible to notify that same Ordinary and parish priest of the fact that the marriage was cele brated, indicating also the place of celebration and the public form whichwas observed.
Can. 1122
§1 A marriage
which has been contracted is to be recorded also in the baptismal registers
in which the baptism of the spouses was entered.
§2 If a spouse
contracted marriage elsewhere than in the parish of baptism, the parish priest of the place of celebration is to send a notification of the marriage as soon
as possible to the parish priest of the place of baptism.
Can. 1123
Whenever a
marriage is validated for the external forum, or declared invalid, or
lawfully dissolved other than by death, the parish priest of the place of the celebration of the marriage must be informed, so that an entry may be duly
made in the registers of marriage and of baptism.
Chapter 6. Mixed Marriages
Can. 1124
Without the express permission of the competent authority, marriage is prohibited between
two baptised persons, one of whom was baptised in the catholic Church or
received into it after baptism and has not defected from it by a formal act,
the other of whom belongs to a Church or ecclesial community not in full
communion with the catholic Church.
Can. 1125
The local
Ordinary can grant this permission if there is a just and reasonable cause.
He is not to grant it unless the following conditions are fulfilled:
1. The catholic party is to declare that he or she is prepared to remove
dangers of defecting from the faith, and is to make a sincere promise to do
all in his or her power in order that all the children be baptised and brought up in the catholic Church;
2. The other party is to be informed in good time of these promises to be
made by the catholic party, so that it is certain that he or she is truly
aware of the promise and of the obligation of the catholic party
3. both parties are to be instructed about the purposes and essential
properties of marriage, which are not to be excluded by either contractant.
Can. 1126
It is for the Episcopal Conference to prescribe the manner in which these declarations and promises, which are always required, are to be made, and to determine how
they are to be established in the external forum, and how the non-catholic
party is to be informed of them.
Can. 1127
§1 The provisions of can. 1108 are to be observed in regard to the form to be used in a mixed
marriage. If, however, the catholic party contracts marriage with a
non-catholic party of oriental rite, the canonical form of celebration is to
be observed for lawfulness only; for validity, however, the intervention of a
sacred minister is required, while observing the other requirements of law.
§2 If there are
grave difficulties in the way of observing the canonical form, the local
Ordinary of the catholic party has the right to dispense from it in
individual cases, having however consulted the Ordinary of the place of the celebration of the marriage; for validity, however, some public form of celebration is required. It is for the Episcopal Conference to establish
norms whereby this dispensation may be granted in a uniform manner.
§3 It is
forbidden to have, either before or after the canonical celebration in
accordance with §1, another religious celebration of the same marriage for
the purpose of giving or renewing matrimonial consent. Likewise, there is not
to be a religious celebration in which the catholic assistant and a
non-catholic minister, each performing his own rite, ask for the consent of the parties.
Can. 1128
Local Ordinaries
and other pastors of souls are to see to it that the catholic spouse and the children born of a mixed marriage are not without the spiritual help needed
to fulfil their obligations; they are also to assist the spouses to foster
the unity of conjugal and family life.
Can. 1129
The provisions of cann. 1127 and 1128 are to be applied also to marriages which are impeded by
the impediment of disparity of worship mentioned in can. 1086 §1.
Chapter 7. The Secret Celebration of Marriage
Can. 1130
For a grave and urgent reason, the local Ordinary may permit that a marriage be celebrated in
secret.
Can. 1131
Permission to
celebrate a marriage in secret involves:
1. that the investigations to be made before the marriage are carried out in
secret;
2. that the secret in regard to the marriage which has been celebrated is
observed by the local Ordinary, by whoever assists, by the witnesses and by
the spouses.
Can. 1132
The obligation of observing the secret mentioned in can. 1131 n. 2 ceases for the local
Ordinary if from its observance a threat arises of grave scandal or of grave
harm to the sanctity of marriage. This fact is to be made known to the parties before the celebration of the marriage.
Can. 1133
A marriage
celebrated in secret is to be recorded only in a special register which is to
be kept in the secret archive of the curia.
Chapter 8. The Effects of Marriage
Can. 1134
From a valid
marriage there arises between the spouses a bond which of its own nature is
permanent and exclusive. Moreover, in christian marriage the spouses are by a
special sacrament strengthened and, as it were, consecrated for the duties
and the dignity of their state.
Can. 1135
Each spouse has
an equal obligation and right to whatever pertains to the partnership of conjugal life.
Can. 1136
Parents have the most grave obligation and the primary right to do all in their power to
ensure their childrens physical, social, cultural, moral and religious
upbringing.
Can. 1137
Children who are
conceived or born of a valid or of a putative marriage are legitimate.
Can. 1138
§1 The father is
he who is identified by a lawful marriage, unless by clear arguments the contrary is proven.
§2 Children are
presumed legitimate who are born at least 180 days after the date the marriage was celebrated, or within 300 days from the date of the dissolution of conjugal life.
Can. 1139
Illegitimate
children are legitimated by the subsequent marriage of their parents, whether
valid or putative, or by a rescript of the Holy See.
Can. 1140
As far as
canonical effects are concerned, legitimated children are equivalent to
legitimate children in all respects, unless it is otherwise expressly
provided by the law.
Chapter 9. The Separation of the Spouses
Art. 1. The
Dissolution of the Bond
Can. 1141
A marriage which
is ratified and consummated cannot be dissolved by any human power or by any
cause other than death.
Can. 1142
A non-consummated
marriage between baptised persons or between a baptised party and an
unbaptised party can be dissolved by the Roman Pontiff for a just reason, at
the request of both parties or of either party, even if the other is
unwilling.
Can. 1143
§1 In virtue of the pauline privilege, a marriage entered into by two unbaptised persons is
dissolved in favour of the faith of the party who received baptism, by the very fact that a new marriage is contracted by that same party, provided the unbaptised party departs.
§2 The unbaptised
party is considered to depart if he or she is unwilling to live with the baptised party, or to live peacefully without offence to the Creator, unless
the baptised party has, after the reception of baptism, given the other just
cause to depart.
Can. 1144
§1 For the baptised person validly to contract a new marriage, the unbaptised party must
always be interpellated whether:
1. he or she also wishes to receive baptism;
2. he or she at least is willing to live peacefully with the baptised party
without offence to the Creator.
§2 This
interpellation is to be done after baptism. However, the local Ordinary can
for a grave reason permit that the interpellation be done before baptism;
indeed he can dispense from it, either before or after baptism, provided it
is established, by at least a summary and extrajudicial procedure, that it
cannot be made or that it would be useless.
Can. 1145
As a rule, the interpellation is to be done on the authority of the local Ordinary of the converted party. A period of time for reply is to be allowed by this Ordinary
to the other party, if indeed he or she asks for it, warning the person
however that if the period passes without any reply, silence will be taken as
a negative response.
§2 Even an
interpellation made privately by the converted party is valid, and indeed it
is lawful if the form prescribed above cannot be observed.
§3 In both cases
there must be lawful proof in the external forum of the interpellation having
been done and of its outcome.
Can. 1146
The baptised
party has the right to contract a new marriage with a catholic:
1. if the other party has replied in the negative to the interpellation, or
if the interpellation has been lawfully omitted;
2. if the unbaptised person, whether already interpellated or not, who at
first persevered in peaceful cohabitation without offence to the Creator, has
subsequently departed without just cause, without prejudice to the provisions of cann. 1144 and 1145.
Can. 1147
However, the local Ordinary can for a grave reason allow the baptised party, using the pauline privilege, to contract marriage with a non-catholic party, whether
baptised or unbaptised; in this case, the provisions of the canons on mixed
marriages must also be observed.
Can. 1148
§1 When an
unbaptised man who simultaneously has a number of unbaptised wives, has
received baptism in the catholic Church, if it would be a hardship for him to
remain with the first of the wives, he may retain one of them, having
dismissed the others. The same applies to an unbaptised woman who
simultaneously has a number of unbaptised husbands.
§2 In the cases
mentioned in §1, when baptism has been received, the marriage is to be
contracted in the legal form, with due observance, if need be, of the provisions concerning mixed marriages and of other provisions of law.
§3 In the light of the moral, social and economic circumstances of place and person, the local Ordinary is to ensure that adequate provision is made, in accordance
with the norms of justice, christian charity and natural equity, for the needs of the first wife and of the others who have been dismissed.
Can. 1149
An unbaptised
person who, having received baptism in the catholic Church, cannot
re-establish cohabitation with his or her unbaptised spouse by reason of captivity or persecution, can contract another marriage, even if the other
party has in the meantime received baptism, without prejudice to the provisions of can. 1141.
Can. 1150
In a doubtful
matter the privilege of the faith enjoys the favour of law.
Art. 2.
Separation while the Bond remains
Can. 1151
Spouses have the obligation and the right to maintain their common conjugal life, unless a
lawful reason excuses them.
Can. 1152
§1 It is
earnestly recommended that a spouse, motivated by christian charity and solicitous for the good of the family, should not refuse to pardon an adulterous
partner and should not sunder the conjugal life. Nevertheless, if that spouse
has not either expressly or tacitly condoned the others fault, he or she has
the right to sever the common conjugal life, provided he or she has not
consented to the adultery, nor been the cause of it, nor also committed
adultery.
§2 Tacit
condonation occurs if the innocent spouse, after becoming aware of the adultery, has willingly engaged in a marital relationship with the other
spouse; it is presumed, however, if the innocent spouse has maintained the common conjugal life for six months, and has not had recourse to
ecclesiastical or to civil authority.
§3 Within six
months of having spontaneously terminated the common conjugal life, the innocent spouse is to bring a case for separation to the competent
ecclesiastical authority. Having examined all the circumstances, this
authority is to consider whether the innocent spouse can be brought to
condone the fault and not prolong the separation permanently.
Can. 1153
§1 A spouse who
occasions grave danger of soul or body to the other or to the children, or
otherwise makes the common life unduly difficult, provides the other spouse
with a reason to leave, either by a decree of the local Ordinary or, if there
is danger in delay, even on his or her own authority.
§2 In all cases,
when the reason for separation ceases, the common conjugal life is to be
restored, unless otherwise provided by ecclesiastical authority.
Can. 1154
When a separation of spouses has taken place, provision is always, and in good time, to be made
for the due maintenance and upbringing of the children.
Can. 1155
The innocent
spouse may laudably readmit the other spouse to the conjugal life, in which
case he or she renounces the right to separation .
Chapter 10. The Validation of Marriage
Art. 1. Simple Validation
Can. 1156
§1 To validate a
marriage which is invalid because of a diriment impediment, it is required
that the impediment cease or be dispensed, and that at least the party aware of the impediment renews consent.
§2 This renewal
is required by ecclesiastical law for the validity of the validation, even if
at the beginning both parties had given consent and had not afterwards
withdrawn it.
Can. 1157
The renewal of consent must be a new act of will consenting to a marriage which the renewing
party knows or thinks was invalid from the beginning.
Can. 1158
§1 If the impediment is public, consent is to be renewed by both parties in the canonical form, without prejudice to the provision of Can. 1127
§3.
§2 If the impediment
cannot be proved, it is sufficient that consent be renewed privately and in
secret, specifically by the party who is aware of the impediment provided the other party persists in the consent given, or by both parties if the impediment is known to both.
Can. 1159
§1 A marriage
invalid because of a defect of consent is validated if the party who did not
consent, now does consent, provided the consent given by the other party
persists.
§2 If the defect of the consent cannot be proven, it is sufficient that the party who did not consent, gives consent privately and in secret.
§3 If the defect of consent can be proven, it is necessary that consent be given in the canonical form.
Can. 1160
For a marriage
which is invalid because of defect of form to become valid, it must be
contracted anew in the canonical form, without prejudice to the provisions of Can. 1127 §3[].
Art. 2.
Retroactive Validation
Can. 1161
§1 The
retroactive validation of an invalid marriage is its validation without the renewal of consent, granted by the competent authority. It involves a
dispensation from an impediment if there is one and from the canonical form
if it had not been observed, as well as a referral back to the past of the canonical effects.
§2 The validation
takes place from the moment the favour is granted; the referral back,
however, is understood to have been made to the moment the marriage was
celebrated, unless it is otherwise expressly provided.
§3 A retroactive
validation is not to be granted unless it is probable that the parties intend
to persevere in conjugal life.
Can. 1162
§1 If consent is
lacking in either or both of the parties, a marriage cannot be rectified by a
retroactive validation, whether consent was absent from the beginning or,
though given at the beginning, was subsequently revoked.
§2 If the consent
was indeed absent from the beginning but was subsequently given, a
retroactive validation can be granted from the moment the consent was given.
Can. 1163
§1 A marriage
which is invalid because of an impediment or because of defect of the legal
form, can be validated retroactively, provided the consent of both parties
persists.
§2 A marriage
which is invalid because of an impediment of the natural law or of the divine
positive law, can be validated retroactively only after the impediment has
ceased.
Can. 1164
A retroactive
validation may validly be granted even if one or both of the parties is
unaware of it; it is not, however, to be granted except for a grave reason.
Can. 1165
§1 Retroactive
validation can be granted by the Apostolic See.
§2 It can be
granted by the diocesan Bishop in individual cases, even if a number of reasons for nullity occur together in the same marriage, assuming that for a
retroactive validation of a mixed marriage the conditions of Can. 1125 will
have been fulfilled. It cannot, however, be granted by him if there is an
impediment whose dispensation is reserved to the Apostolic See in accordance
with Can. 1078 §2, or if there is question of an impediment of the natural
law or of the divine positive law which has now ceased.
Part II. The Other
Acts of Divine Worship (Canons 1166 - 1204)
Title 1. Sacramentals
Can. 1166
Sacramentals are
sacred signs which in a sense imitate the sacraments.
They signify
certain effects, especially spiritual ones, and they achieve these effects
through the intercession of the Church.
Can. 1167
§1 Only the Apostolic See can establish new sacramentals, or authentically interpret,
suppress or change existing ones.
§2 The rites and the formulae approved by ecclesiastical authority are to be accurately
observed when celebrating or administering sacramentals.
Can. 1168
The minister of the sacramentals is a cleric who has the requisite power. In accordance with
the liturgical books and subject to the judgement of the local Ordinary,
certain sacramentals can also be administered by lay people who possess the appropriate qualities.
Can. 1169
§1 Consecrations
and dedications can be validly carried out by those who are invested with the episcopal character, and by priests who are permitted to do so by law or by
legitimate grant.
§2 Any priest can
impart blessings, except for those reserved to the Roman Pontiff or to
Bishops.
§3 A deacon can
impart only those blessings which are expressly permitted to him by law.
Can. 1170
While blessings
are to be imparted primarily to catholics, they may be given also to
catechumens and, unless there is a prohibition by the Church, even to
non-catholics.
Can. 1171
Sacred objects,
set aside for divine worship by dedication or blessing, are to be treated
with reverence. They are not to be made over to secular or inappropriate use,
even though they may belong to private persons.
Can. 1172
§1 No one may
lawfully exorcise the possessed without the special and express permission of the local Ordinary.
§2 This
permission is to be granted by the local Ordinary only to a priest who is
endowed with piety, knowledge, prudence and integrity of life.
Title 2. The
Liturgy of the Hours
Can. 1173
In fulfilment of the priestly office of Christ, the Church celebrates the liturgy of the hours, wherein it listens to God speaking to his people and recalls the mystery of salvation. In this way, the Church praises God without ceasing, in
song and prayer, and it intercedes with him for the salvation of the whole world.
Can. 1174
§1 Clerics are
obliged to recite the liturgy of the hours, in accordance with Can. 276, §2,
n. 3; members of institutes of consecrated life and of societies of apostolic
life are obliged in accordance with their constitutions.
§2 Others also of Christ's faithful are earnestly invited, according to circumstances, to take
part in the liturgy of the hours as an action of the Church.
Can. 1175
In carrying out
the liturgy of the hours, each particular hour is, as far as possible, to be
recited at the time assigned to it.
Title 3. Church
Funerals
Can. 1176
§1 Christ's
faithful who have died are to be given a Church funeral according to the norms of law.
§2 Church
funerals are to be celebrated according to the norms of the liturgical books.
In these funeral rites the Church prays for the spiritual support of the dead, it honours their bodies, and at the same time it brings to the living
the comfort of hope.
§3 The Church
earnestly recommends that the pious custom of burial be retained; but it does
not forbid cremation, unless this is chosen for reasons which are contrary to
christian teaching.
Chapter 1. The Celebration of Funerals
Can. 1177
§1 The funeral of any deceased member of the faithful should normally be celebrated in the Church of that persons proper parish.
§2 However, any
member of the faithful, or those in charge of the deceased persons funeral,
may choose another Church; this requires the consent of whoever is in charge of that Church and a notification to the proper parish priest of the deceased.
§3 When death has
occurred outside the persons proper parish, and the body is not returned
there, and another Church has not been chosen, the funeral rites are to be
celebrated in the Church of the parish where the death occurred, unless
another Church is determined by particular law.
Can. 1178
The funeral
ceremonies of a diocesan Bishop are to be celebrated in his own cathedral
Church, unless he himself has chosen another Church.
Can. 1179
Normally, the funerals of religious or of members of a society of apostolic life are to be
celebrated in their proper Church or oratory: by the Superior, if the institute or society is a clerical one; otherwise, by the chaplain.
Can. 1180
§1 If a parish
has its own cemetery, the deceased faithful are to be buried there, unless
another cemetery has lawfully been chosen by the deceased person, or by those
in charge of that persons burial.
§2 All may,
however, choose their cemetery of burial unless prohibited by law from doing
so.
Can. 1181
The provisions of Can. 1264 are to be observed in whatever concerns the offerings made on the occasion of funerals. Moreover, care is to be taken that at funerals there is
to be no preference of persons, and that the poor are not deprived of proper
funeral rites.
Can. 1182
After the burial
an entry is to be made in the register of the dead, in accordance with
particular law.
Chapter 2. Those to Whom Church Funerals Are To be
Allowed or Denied
Can. 1183
§1 As far as
funeral rites are concerned, catechumens are to be reckoned among Christ's
faithful.
§2 Children whose
parents had intended to have them baptised but who died before baptism, may
be allowed Church funeral rites by the local Ordinary.
§3 Provided their
own minister is not available, baptised persons belonging to a non-catholic
Church or ecclesial community may, in accordance with the prudent judgement of the local Ordinary, be allowed Church funeral rites, unless it is
established that they did not wish this.
Can. 1184
§1 Church funeral
rites are to be denied to the following, unless they gave some signs of repentance before death:
1. notorious apostates, heretics and schismatics;
2. those who for anti-christian motives chose that their bodies be cremated;
3. other manifest sinners to whom a Church funeral could not be granted without
public scandal to the faithful.
§2 If any doubt
occurs, the local Ordinary is to be consulted and his judgement followed.
Can. 1185
Any form of funeral Mass is also to be denied to a person who has been excluded from a
Church funeral.
Title 4. The Cult of the Saints, of Sacred Images and of Relics
Can. 1186
To foster the sanctification of the people of God, the Church commends to the special and filial veneration of Christ's faithful the Blessed Mary ever-Virgin, the Mother of God, whom Christ constituted the Mother of all. The Church also
promotes the true and authentic cult of the other Saints, by whose example
the faithful are edified and by whose intercession they are supported.
Can. 1187
Only those
servants of God may be venerated by public cult who have been numbered by
ecclesiastical authority among the Saints or the Blessed.
Can. 1188
The practice of exposing sacred images in Churches for the veneration of the faithful is to
be retained. However, these images are to be displayed in moderate numbers
and in suitable fashion, so that the christian people are not disturbed, nor
is occasion given for less than appropriate devotion.
Can. 1189
The written
permission of the Ordinary is required to restore precious images needing
repair: that is, those distinguished by reason of age, art or cult, which are
exposed in Churches and oratories to the veneration of the faithful. Before
giving such permission, the Ordinary is to seek the advice of experts.
Can. 1190
§1 It is
absolutely wrong to sell sacred relics.
§2 Distinguished
relics, and others which are held in great veneration by the people, may not
validly be in any way alienated nor transferred on a permanent basis, without
the permission of the Apostolic See.
§3 The provision of §2 applies to images which are greatly venerated in any Church by the people.
Title 5. Vows
and Oaths
Chapter 1. Vows
Can. 1191
§1 A vow is a
deliberate and free promise made to God, concerning some good which is
possible and better. The virtue of religion requires that it be fulfilled.
§2 Unless they
are prohibited by law, all who have an appropriate use of reason are capable of making a vow.
§3 A vow made as
a result of grave and unjust fear or of deceit is by virtue of the law itself
invalid.
Can. 1192
§1 A vow is
public if it is accepted in the name of the Church by a lawful Superior;
otherwise, it is private.
§2 It is solemn
if it is recognised by the Church as such; otherwise, it is simple.
§3 It is personal
if it promises an action by the person making the vow; real, if it promises
some thing; mixed, if it has both a personal and a real aspect.
Can. 1193 of its
nature a vow obliges only the person who makes it.
Can. 1194
A vow ceases by
lapse of the time specified for the fulfilment of the obligation, or by a
substantial change in the matter promised, or by cessation of a condition on
which the vow depended or of the purpose of the vow, or by dispensation, or
by commutation.
Can. 1195
A person who has
power over the matter of a vow can suspend the obligation of the vow for such
time as the fulfilment of the vow would affect that person adversely.
Can. 1196
Besides the Roman
Pontiff, the following can dispense from private vows, provided the dispensation does not injure the acquired rights of others;
1. The local Ordinary and the parish priest, in respect of all their own
subjects and also of peregrini;
2. The Superior of a religious institute or of a society of apostolic life,
if these are clerical and of pontifical right, in respect of members, novices
and those who reside day and night in a house of the institute or society;
3. those to whom the faculty of dispensing has been delegated by the Apostolic See or by the local Ordinary.
Can. 1197
What has been
promised by private vow can be commuted into something better or equally good
by the person who made the vow. It can be commuted into something less good
by one who has authority to dispense in accordance with Can. 1196.
Can. 1198
Vows taken before
religious profession are suspended as long as the person who made the vow
remains in the religious institute.
Chapter 2. Oaths
Can. 1199
§1 An oath is the invocation of the divine Name as witness to the truth. It cannot be taken
except in truth, judgement and justice.
§2 An oath which
is required or accepted by the canons cannot validly be taken by proxy.
Can. 1200
§1 A person who
freely swears on oath to do something is specially obliged by the virtue of religion to fulfil that which he or she asserted by the oath.
§2 An oath
extorted by deceit, force or grave fear is by virtue of the law itself
invalid.
Can. 1201
§1 A promissory
oath is determined by the nature and condition of the act to which it is
attached.
§2 An act which
directly threatens harm to others or is prejudicial to the public good or to
eternal salvation, is in no way reinforced by an oath sworn to do that act.
Can. 1202
§1 The obligation of a promissory oath ceases:
1. if it is remitted by the person in whose favour the oath was sworn;
2. if what was sworn is substantially changed or, because of altered
circumstances, becomes evil or completely irrelevant, or hinders a greater
good;
3. if the purpose or the condition ceases under which the oath may have been
made;
4. by dispensation or commutation in accordance with Can. 1203.
Can. 1203
Those who can
suspend, dispense or commute a vow have, in the same measure, the same power
over a promissory oath. But if dispensation from an oath would tend to harm
others and they refuse to remit the obligation, only the Apostolic See can
dispense the oath.
Can. 1204
An oath is subject
to strict interpretation, in accordance with the law and with the intention of the person taking the oath or, if that person acts deceitfully, in
accordance with the intention of the person in whose presence the oath is
taken.
Part III. Sacred
places and times (Canons 1205 - 1253)
Title 1. Sacred
places
Can. 1205
Sacred places are
those which are assigned to divine worship or to the burial of the faithful
by the dedication or blessing which the liturgical books prescribe for this
purpose.
Can. 1206
The dedication of a place belongs to the diocesan Bishop and to those equivalent to him in law.
For a dedication in their own territory they can depute any Bishop or, in
exceptional cases, a priest.
Can. 1207
Sacred places are
blessed by the Ordinary, but the blessing of Churches is reserved to the diocesan Bishop. Both may, however, delegate another priest for the purpose.
Can. 1208
A document is to
be drawn up to record the dedication or blessing of a Church, or the blessing of a cemetery. One copy is to be kept in the diocesan curia, the other in the archive of the Church.
Can. 1209
The dedication or
the blessing of a place is sufficiently established even by a single
unexceptionable witness, provided no one is harmed thereby.
Can. 1210
In a sacred place
only those things are to be permitted which serve to exercise or promote
worship, piety and religion. Anything out of harmony with the holiness of the place is forbidden. The Ordinary may however, for individual cases, permit
other uses, provided they are not contrary to the sacred character of the place.
Can. 1211
Sacred places are
desecrated by acts done in them which are gravely injurious and give scandal
to the faithful when, in the judgement of the local Ordinary, these acts are
so serious and so contrary to the sacred character of the place that worship
may not be held there until the harm is repaired by means of the penitential
rite which is prescribed in the liturgical books.
Can. 1212
Sacred places
lose their dedication or blessing if they have been in great measure
destroyed, or if they have been permanently made over to secular usage,
whether by decree of the competent Ordinary or simply in fact.
Can. 1213
Ecclesiastical
authority freely exercises its powers and functions in sacred places.
Chapter 1. Churches
Can. 1214
The term Church
means a sacred building intended for divine worship, to which the faithful
have right of access for the exercise, especially the public exercise, of divine worship.
Can. 1215
§1 No Church is
to be built without the express and written consent of the diocesan Bishop.
§2 The diocesan
Bishop is not to give his consent until he has consulted the council of priests and the rectors of neighbouring Churches, and then decides that the new Church can serve the good of souls and that the necessary means will be
available to build the Church and to provide for divine worship.
§3 Even though
they have received the diocesan Bishops consent to establish a new house in a
diocese or city, religious institutes must obtain the same Bishops permission
before they may build a Church in a specific and determined place.
Can. 1216
In the building
and restoration of Churches the advice of experts is to be used, and the principles and norms of liturgy and of sacred art are to be observed.
Can. 1217
§1 As soon as
possible after completion of the building the new Church is to be dedicated
or at least blessed, following the laws of the sacred liturgy.
§2 Churches,
especially cathedrals and parish Churches, are to be dedicated by a solemn
rite.
Can. 1218
Each Church is to
have its own title. Once the Church has been dedicated this title cannot be
changed.
Can. 1219
All acts of divine worship may be carried out in a Church which has been lawfully
dedicated or blessed, without prejudice to parochial rights.
Can. 1220
§1 Those
responsible are to ensure that there is in Churches such cleanliness and ornamentation as befits the house of God, and that anything which is
discordant with the sacred character of the place is excluded.
§2 Ordinary
concern for preservation and appropriate means of security are to be employed
to safeguard sacred and precious goods.
Can. 1221
Entry to a Church
at the hours of sacred functions is to be open and free of charge.
Can. 1222
§1 If a Church
cannot in any way be used for divine worship and there is no possibility of its being restored, the diocesan Bishop may allow it to be used for some
secular but not unbecoming purpose.
§2 Where other
grave reasons suggest that a particular Church should no longer be used for
divine worship, the diocesan Bishop may allow it to be used for a secular but
not unbecoming purpose. Before doing so, he must consult the council of priests; he must also have the consent of those who could lawfully claim
rights over that Church, and be sure that the good of souls would not be
harmed by the transfer.
Chapter 2. Oratories and Private Chapels
Can. 1223
An oratory means
a place which, by permission of the Ordinary, is set aside for divine
worship, for the convenience of some community or group of the faithful who
assemble there, to which however other members of the faithful may, with the consent of the competent Superior, have access.
Can. 1224
§1 The Ordinary
is not to give the permission required for setting up an oratory unless he
has first, personally or through another, inspected the place destined for
the oratory and found it to be becomingly arranged.
§2 Once this
permission has been given, the oratory cannot be converted to a secular usage
without the authority of the same Ordinary.
Can. 1225
All sacred services
may be celebrated in a lawfully constituted oratory, apart from those which
are excluded by the law, by a provision of the local Ordinary, or by
liturgical laws.
Can. 1226
The term private
chapel means a place which, by permission of the local Ordinary, is set aside
for divine worship, for the convenience of one or more individuals.
Can. 1227
Bishops can set
up for their own use a private chapel which enjoys the same rights as an
oratory.
Can. 1228
Without prejudice
to the provision of Can. 1227, the permission of the local Ordinary is
required for the celebration of Mass and of other sacred functions in any
private chapel.
Can. 1229
It is appropriate
that oratories and private chapels be blessed according to the rite
prescribed in the liturgical books. They must, however, be reserved for
divine worship only and be freed from all domestic use.
Chapter 3. Shrines
Can. 1230
The term shrine
means a Church or other sacred place which, with the approval of the local
Ordinary, is by reason of special devotion frequented by the faithful as
pilgrims.
Can. 1231
For a shrine to
be described as national, the approval of the Episcopal Conference is
necessary. For it to be described as international, the approval of the Holy
See is required.
Can. 1232
§1 The local
Ordinary is competent to approve the statutes of a diocesan shrine; the Episcopal Conference, those of a national shrine; the Holy See alone, those of an international shrine.
§2 The statutes of a shrine are to determine principally its purpose, the authority of the rector, and the ownership and administration of its property.
Can. 1233
Certain
privileges may be granted to shrines when the local circumstances, the number of pilgrims and especially the good of the faithful would seem to make this
advisable.
Can. 1234
§1 At shrines the means of salvation are to be more abundantly made available to the faithful: by sedulous proclamation of the word of God, by suitable encouragement of liturgical life, especially by the celebration of the Eucharist and penance,
and by the fostering of approved forms of popular devotion.
§2 In shrines or
in places adjacent to them, votive offerings of popular art and devotion are
to be displayed and carefully safeguarded.
Chapter 4. Altars
Can. 1235
§1 The altar or
table on which the eucharistic Sacrifice is celebrated is termed fixed if it
is so constructed that it is attached to the floor and therefore cannot be
moved; it is termed movable, if it can be removed.
§2 It is proper
that in every Church there should be a fixed altar. In other places which are
intended for the celebration of sacred functions, the altar may be either
fixed or movable.
Can. 1236
§1 In accordance
with the traditional practice of the Church, the table of a fixed altar is to
be of stone, indeed of a single natural stone.
However, even
some other worthy and solid material may be used, if the Episcopal Conference
so judges. The support or the base can be made from any material.
§2 A movable
altar can be made of any solid material which is suitable for liturgical use.
Can. 1237
§1 Fixed altars
are to be dedicated, movable ones either dedicated or blessed, according to
the rites prescribed in the liturgical books.
§2 The ancient
tradition of placing relics of Martyrs or of other Saints within a fixed
altar is to be retained, in accordance with the rites prescribed in the liturgical books.
Can. 1238
§1 An altar loses
its dedication or blessing in accordance with Can.
1212.
§2 Altars,
whether fixed or movable, do not lose their dedication or blessing as a
result of a Church or other sacred place being made over to secular usage.
Can. 1239
§1 An altar,
whether fixed or movable, is to be reserved for divine worship alone, to the exclusion of any secular usage.
§2 No corpse is
to be buried beneath an altar; otherwise, it is not lawful to celebrate Mass
at that altar.
Chapter 5. Cemeteries
Can. 1240
§1 Where
possible, the Church is to have its own cemeteries, or at least an area in
public cemeteries which is duly blessed and reserved for the deceased
faithful.
§2 If, however,
this is not possible, then individual graves are to be blessed in due form on
each occasion.
Can. 1241
§1 Parishes and religious institutes may each have their own cemetery.
§2 Other
juridical persons or families may each have their own special cemetery or
burial place which, if the local Ordinary judges accordingly, is to be
blessed.
Can. 1242
Bodies are not to
be buried in Churches, unless it is a question of the Roman Pontiff or of Cardinals or, in their proper Churches, of diocesan Bishops even retired.
Can. 1243
Appropriate norms
are to be enacted by particular law for the management of cemeteries,
especially in what concerns the protection and the fostering of their sacred
character.
Title 2. Sacred
Times
Can. 1244
§1 Only the supreme ecclesiastical authority can establish, transfer or suppress holydays
or days of penance which are applicable to the universal Church, without
prejudice to the provisions of Can. 1246 §2.
§2 Diocesan
Bishops can proclaim special holydays or days of penance for their own
dioceses or territories, but only for individual occasions.
Can. 1245
Without prejudice
to the right of diocesan Bishops as in Can. 87, a parish priest, in
individual cases, for a just reason and in accordance with the prescriptions of the diocesan Bishop, can give a dispensation from the obligation of observing a holyday or day of penance, or commute the obligation into some
other pious works. The Superior of a pontifical clerical religious institute
or society of apostolic life has the same power in respect of his own
subjects and of those who reside day and night in a house of the institute or
society.
Chapter 1. Feast Days
Can. 1246
§1 The Lords Day,
on which the paschal mystery is celebrated, is by apostolic tradition to be
observed in the universal Church as the primary holyday of obligation. In the same way the following holydays are to be observed: the Nativity of Our Lord
Jesus Christ, the Epiphany, the Ascension of Christ, the feast of the Body
and Blood of Christ, the feast of Mary the Mother of God, her Immaculate
Conception, her Assumption, the feast of St Joseph, the feast of the Apostles
SS Peter and Paul, and the feast of All Saints.
§2 However, the Episcopal Conference may, with the prior approval of the Apostolic See,
suppress certain holydays of obligation or transfer them to a Sunday.
Can. 1247
On Sundays and other holydays of obligation, the faithful are obliged to assist at Mass.
They are also to abstain from such work or business that would inhibit the worship to be given to God, the joy proper to the Lords Day, or the due
relaxation of mind and body.
Can. 1248
§1 The obligation of assisting at Mass is satisfied wherever Mass is celebrated in a catholic
rite either on a holyday itself or on the evening of the previous day.
§2 If it is impossible
to assist at a eucharistic celebration, either because no sacred minister is
available or for some other grave reason, the faithful are strongly
recommended to take part in a liturgy of the Word, if there be such in the parish Church or some other sacred place, which is celebrated in accordance
with the provisions laid down by the diocesan Bishop; or to spend an
appropriate time in prayer, whether personally or as a family or, as occasion
presents, in a group of families.
Chapter 2. Days of Penance
Can. 1249
All Christ's
faithful are obliged by divine law, each in his or her own way, to do
penance. However, so that all may be joined together in a certain common
practice of penance, days of penance are prescribed. On these days the faithful are in a special manner to devote themselves to prayer, to engage in
works of piety and charity, and to deny themselves, by fulfilling their
obligations more faithfully and especially by observing the fast and abstinence which the following canons prescribe.
Can. 1250
The days and times of penance for the universal Church are each Friday of the whole year
and the season of Lent.
Can. 1251
Abstinence from
meat, or from some other food as determined by the Episcopal Conference, is
to be observed on all Fridays, unless a solemnity should fall on a Friday.
Abstinence and fasting are to be observed on Ash Wednesday and Good Friday.
Can. 1252
The law of abstinence binds those who have completed their fourteenth year. The law of fasting binds those who have attained their majority, until the beginning of their sixtieth year. Pastors of souls and parents are to ensure that even
those who by reason of their age are not bound by the law of fasting and abstinence, are taught the true meaning of penance.
Can. 1253
The Episcopal
Conference can determine more particular ways in which fasting and abstinence
are to be observed. In place of abstinence or fasting it can substitute, in
whole or in part, other forms of penance, especially works of charity and exercises of piety.
Book 5. - The Temporal Goods of the Church (canons 1254-1310)
Basics (canons 1254 -1258)
Can. 1254
§1 The catholic
Church has the inherent right, independently of any secular power, to
acquire, retain, administer and alienate temporal goods, in pursuit of its proper
objectives.
§2 These proper
objectives are principally the regulation of divine worship, the provision of fitting support for the clergy and other ministers, and the carrying out of works of the sacred apostolate and of charity, especially for the needy.
Can. 1255
The universal
Church, as well as the Apostolic See, particular Churches and all other
public and private juridical persons are capable of acquiring, retaining,
administering and alienating temporal goods, in accordance with the law.
Can. 1256
Under the supreme
authority of the Roman Pontiff, ownership of goods belongs to that juridical
person which has lawfully acquired them.
Can. 1257
§1 All temporal
goods belonging to the universal Church, to the Apostolic See or to other
public juridical persons in the Church, are ecclesiastical goods and are
regulated by the canons which follow, as well as by their own statutes.
§2 Unless it is
otherwise expressly provided, temporal goods belonging to a private juridical
person are regulated by its own statutes, not by these canons.
Can. 1258
In the canons which follow, the term Church signifies not only the universal Church or the Apostolic See, but also any public juridical person in the Church, unless the contrary is clear from the context or from the nature of the matter.
Title 1. The
Acquisition of goods (canons 1259 - 1272)
Can. 1259
The Church may
acquire temporal goods in any way in which, by either natural or positive
law, it is lawful for others to do this.
Can. 1260
The Church has
the inherent right to require from the faithful whatever is necessary for its
proper objectives.
Can. 1261
§1 The faithful
have the right to donate temporal goods for the benefit of the Church.
§2 The diocesan
Bishop is bound to remind the faithful of the obligation mentioned in Can.
222 §1, and in an appropriate manner to urge it.
Can. 1262
The faithful are
to give their support to the Church in response to appeals and in accordance
with the norms laid down by the Episcopal Conference.
Can. 1263
The diocesan
Bishop, after consulting the finance committee and the council of priests,
has the right to levy on public juridical persons subject to his authority a
tax for the needs of the diocese. This tax must be moderate and proportionate
to their income. He may impose an extraordinary and moderate tax on other
physical and juridical persons only in a grave necessity and under the same
conditions, but without prejudice to particular laws and customs which may
give him greater rights.
Can. 1264
Unless the law
prescribes otherwise, it is for the provincial Bishops meeting to:
1. determine the taxes, to be approved by the Apostolic See, for acts of executive authority which grant a favour, or for the execution of rescripts
from the Apostolic See;
2. determine the offerings on the occasion of the administration of the sacraments and sacramentals.
Can. 1265
§1 Without
prejudice to the right of mendicant religious, all private juridical or
physical persons are forbidden to make a collection for any pious or
ecclesiastical institute or purpose without the written permission of their
proper Ordinary and of the local Ordinary.
§2 The Episcopal
Conference can draw up rules regarding collections, which must be observed by
all, including those who from their foundation are called and are mendicants.
Can. 1266
§1 In all
Churches and oratories regularly open to Christ's faithful, including those
belonging to religious institutes, the local Ordinary may order that a
special collection be taken up for specified parochial, diocesan, national or
universal initiatives. The collection must afterwards be carefully forwarded
to the diocesan curia.
Can. 1267
§1 Unless the contrary is clear, offerings made to Superiors or administrators of any
ecclesiastical juridical person, even a private one, are presumed to have
been made to the juridical person itself.
§2 If there is
question of a public juridical person, the offerings mentioned in §1 cannot
be refused except for a just reason and, in matters of greater importance,
with the permission of the Ordinary. Without prejudice to the provisions of Can. 1295, the permission of the Ordinary is also required for the acceptance of offerings to which are attached some qualifying obligation or condition.
§3 Offerings
given by the faithful for a specified purpose may be used only for that
purpose.
Can. 1268
The Church
recognises prescription, in accordance with cann. 197-199, as a means both of acquiring temporal goods and of being freed from their obligations.
Can. 1269
Sacred objects in
private ownership may be acquired by private persons by prescription, but
they may not be used for secular purposes unless they have lost their
dedication or blessing. If, however, they belong to a public ecclesiastical
juridical person, they may be acquired only by another public ecclesiastical
juridical person.
Can. 1270
Immovable goods,
precious movable goods, rights and legal claims, whether personal or real,
which belong to the Apostolic See, are prescribed after a period of one
hundred years. For those goods which belong to another public ecclesiastical
juridical person, the period for prescription is thirty years.
Can. 1271 by reason of their bond of unity and charity, and according to the resources of their
dioceses, Bishops are to join together to produce those means which the Apostolic
See may from time to time need to exercise properly its service of the universal Church.
Can. 1272
In those regions
where benefices properly so called still exist, it is for the Episcopal
Conference to regulate such benefices by appropriate norms, agreed with and approved by the Apostolic See. The purpose of these norms is that the income
and as far as possible the capital itself of the benefice should by degrees
be transferred to the fund mentioned in Can. 1274 §1.
Title 2. The
Administration of Goods (canons 1273 - 1289)
Can. 1273
The Roman
Pontiff, by virtue of his primacy of governance, is the supreme administrator
and steward of all ecclesiastical goods.
Can. 1274
§1 In every
diocese there is to be a special fund which collects offerings and temporal
goods for the purpose of providing, in accordance with Can. 281, for the support of the clergy who serve the diocese, unless they are otherwise
catered for.
§2 Where there is
as yet no properly organised system of social provision for the clergy, the Episcopal
Conference is to see that a fund is established which will furnish adequate
social security for them.
§3 To the extent
that it is required, a common reserve is to be established in every diocese
by which the Bishop is enabled to fulfil his obligations towards other
persons who serve the Church and to meet various needs of the diocese, this
can also be the means by which wealthier dioceses may help poorer ones.
§4 Depending on
differing local circumstances, the purposes described in ?§2 and 3 might
better be achieved by amalgamating various diocesan funds, or by cooperation
between various dioceses, or even by setting up a suitable association for
them, or indeed for the whole territory of the Episcopal Conference itself.
§5 If possible,
these funds are to be established in such a manner that they will have
standing also in the civil law.
Can. 1275
A reserve set up
by a number of different dioceses is to be administered according to norms
opportunely agreed on by the Bishops concerned.
Can. 1276
§1 Ordinaries
must carefully supervise the administration of all the goods which belong to
public juridical persons subject to them, without prejudice to lawful titles
which may give the Ordinary greater rights.
§2 Taking into
account rights, lawful customs and the circumstances, Ordinaries are to
regulate the whole matter of the administration of ecclesiastical goods by
issuing special instructions, within the limits of universal and particular
law.
Can. 1277
In carrying out
acts of administration which, in the light of the financial situation of the diocese, are of major importance, the diocesan Bishop must consult the finance committee and the college of consultors. For acts of extraordinary
administration, except in cases expressly provided for in the universal law
or stated in the documents of foundation, the diocesan Bishop needs the consent of the committee and of the college of consultors. It is for the Episcopal Conference to determine what are to be regarded as acts of extraordinary administration.
Can. 1278
Besides the duties mentioned in Can. 494 ?§3 and 4, the diocesan Bishop may also entrust
to the financial administrator the duties mentioned in Can. 1276 §1 and Can.
1279 §2.
Can. 1279
§1 The
administration of ecclesiastical goods pertains to the one with direct power of governance over the person to whom the goods belong, unless particular law
or statutes or legitimate custom state otherwise, and without prejudice to
the right of the Ordinary to intervene where there is negligence on the part of the administrator.
§2 Where no
administrators are appointed for a public juridical person by law or by the documents of foundation or by its own statutes, the Ordinary to which it is
subject is to appoint suitable persons as administrators for a three-year term.
The same persons can be re-appointed by the Ordinary.
Can. 1280
Every juridical
person is to have its own finance committee, or at least two counsellors, who
are to assist in the performance of the administrators duties, in accordance
with the statutes.
Can. 1281
§1 Without
prejudice to the provisions of the statutes administrators act invalidly when
they go beyond the limits and manner of ordinary administration, unless they
have first received in writing from the Ordinary the faculty to do so.
§2 The statutes
are to determine what acts go beyond the limits and manner of ordinary
administration. If the statutes are silent on this point, it is for the diocesan Bishop, after consulting the finance committee, to determine these
acts for the persons subject to him.
§3 Except and insofar as it is to its benefit, a juridical person is not held responsible
for the invalid actions of its administrators. The juridical person is,
however, responsible when such actions are valid but unlawful, without
prejudice to its right to bring an action or have recourse against the administrators who have caused it damage.
Can. 1282
All persons,
whether clerics or laity, who lawfully take part in the administration of ecclesiastical goods, are bound to fulfil their duties in the name of the Church, in accordance with the law.
Can. 1283
Before
administrators undertake their duties:
1. They must take an oath, in the presence of the Ordinary or his delegate,
that they will well and truly perform their office;
2. They are to draw up a clear and accurate inventory, to be signed by
themselves, of all immovable goods, of those movable goods which are precious
or of a high cultural value, and of all other goods, with a description and an estimate of their value; when this has been compiled, it is to be
certified as correct;
3. one copy of this inventory is to be kept in the administration office and another in the curial archive; any change which takes place in the property
is to be noted on both copies.
Can. 1284
§1 All
administrators are to perform their duties with the diligence of a good
householder.
§2 Therefore they
must:
1. be vigilant that no goods placed in their care in any way perish or suffer
damage; to this end they are, to the extent necessary, to arrange insurance
contracts;
2. ensure that the ownership of ecclesiastical goods is safeguarded in ways
which are valid in civil law;
3. observe the provisions of canon and civil law, and the stipulations of the founder or donor or lawful authority; they are to take special care that
damage will not be suffered by the Church through the non-observance of the civil law;
4. seek accurately and at the proper time the income and produce of the goods, guard them securely and expend them in accordance with the wishes of the founder or lawful norms;
5. at the proper time pay the interest which is due by reason of a loan or
pledge, and take care that in due time the capital is repaid;
6. with the consent of the Ordinary make use of money which is surplus after
payment of expenses and which can be profitably invested for the purposes of the juridical person;
7. keep accurate records of income and expenditure;
8. draw up an account of their administration at the end of each year;
9. keep in order and preserve in a convenient and suitable archive the documents and records establishing the rights of the Church or institute to
its goods; where conveniently possible, authentic copies must be placed in
the curial archives.
§3 It is
earnestly recommended that administrators draw up each year a budget of income and expenditure. However, it is left to particular law to make this an
obligation and to determine more precisely how it is to be presented.
Can. 1285
Solely within the limits of ordinary administration, administrators are allowed to make gifts
for pious purposes or christian charity out of the movable goods which do not
form part of the stable patrimony.
Can. 1286
Administrators of temporal goods:
1. in making contracts of employment, are accurately to observe also,
according to the principles taught by the Church, the civil laws relating to
labour and social life
2. are to pay to those who work for them under contract a just and honest
wage which will be sufficient to provide for their needs and those of their
dependents.
Can. 1287
§1 Where ecclesiastical
goods of any kind are not lawfully withdrawn from the power of governance of the diocesan Bishop, their administrators, both clerical and lay, are bound
to submit each year to the local Ordinary an account of their administration,
which he is to pass on to his finance committee for examination. Any contrary
custom is reprobated.
§2 Administrators
are to render accounts to the faithful concerning the goods they have given
to the Church, in accordance with the norms to be laid down by particular
law.
Can. 1288
Administrators
are not to begin legal proceedings in the name of a public juridical person,
nor are they to contest them in a secular court, without first obtaining the written permission of their proper Ordinary.
Can. 1289
Although they may
not be bound to the work of administration by virtue of an ecclesiastical office, administrators may not arbitrarily relinquish the work they have
undertaken. If they do so, and this occasions damage to the Church, they are
bound to restitution.
Title 3. Contracts
and Especially Alienation (canons 1290 - 1298)
Can. 1290
Without prejudice
to Can. 1547[], whatever the local civil law decrees about contracts, both
generally and specifically, and about the voiding of contracts, is to be
observed regarding goods which are subject to the power of governance of the Church, and with the same effect, provided that the civil law is not contrary
to divine law, and that canon law does not provide otherwise.
Can. 1291
The permission of the authority competent by law is required for the valid alienation of goods
which, by lawful assignment, constitute the stable patrimony of a public
juridical person, whenever their value exceeds the sum determined by law.
Can. 1292
§1 Without
prejudice to the provision of Can. 638 §3, when the amount of the goods to be
alienated is between the minimum and maximum sums to be established by the Episcopal Conference for its region, the competent authority in the case of juridical persons not subject to the diocesan Bishop is determined by the juridical
persons own statutes. In other cases, the competent authority is the diocesan
Bishop acting with the consent of the finance committee, of the college of consultors, and of any interested parties. The diocesan Bishop needs the consent of these same persons to alienate goods which belong to the diocese
itself.
§2 The permission of the Holy See also is required for the valid alienation of goods whose
value exceeds the maximum sum, or if it is a question of the alienation of something given to the Church by reason of a vow, or of objects which are
precious by reason of their artistic or historical significance.
§3 When a request
is made to alienate goods which are divisible, the request must state what
parts have already been alienated; otherwise, the permission is invalid.
§4 Those who must
give advice about or consent to the alienation of goods are not to give this
advice or consent until they have first been informed precisely both about
the economic situation of the juridical person whose goods it is proposed to
alienate and about alienations which have already taken place.
Can. 1293
§1 To alienate
goods whose value exceeds the determined minimum sum, it is also required
that there be:
1. a just reason, such as urgent necessity, evident advantage, or a religious,
charitable or other grave pastoral reason;
2. a written expert valuation of the goods to be alienated.
§2 To avoid harm
to the Church, any other precautions drawn up by lawful authority are also to
be followed.
Can. 1294
§1 Normally goods
must not be alienated for a price lower than that given in the valuation.
§2 The money
obtained from alienation must be carefully invested for the benefit of the Church, or prudently expended according to the purposes of the alienation.
Can. 1295
The provisions of cann. 1291-1294, to which the statutes of juridical persons are to conform,
must be observed not only in alienation, but also in any dealings in which
the patrimonial condition of the juridical person may be jeopardised.
Can. 1296
When alienation
has taken place without - the prescribed canonical formalities, but is valid
in civil law, the competent authority must carefully weigh all the circumstances and decide whether, and if so what, action is to be taken,
namely personal or real, by whom and against whom, to vindicate the rights of the Church.
Can. 1297
It is the duty of the Episcopal Conference, taking into account the local circumstances, to
determine norms about the leasing of ecclesiastical goods, especially about
permission to be obtained from the competent ecclesiastical authority.
Can. 1298
Unless they are of little value, ecclesiastical goods are not to be sold or leased to the administrators themselves or to their relatives up to the fourth degree of consanguinity or affinity, without the special written permission of the competent authority.
Title 4. Pious
Dispositions In General and Pious Foundations (canons 1299 - 1310)
Can. 1299
§1 Those who by
the natural law and by canon law can freely dispose of their goods may leave
them to pious causes either by an act inter vivos or by an act mortis causa.
§2 In
arrangements mortis causa in favour of the Church, the formalities of the civil law are as far as possible to be observed. If these formalities have
been omitted, the heirs must be advised of their obligation to fulfil the intention of the testator.
Can. 1300
The intentions of the faithful who give or leave goods to pious causes, whether by an act inter
vivos or by an act mortis causa, once lawfully accepted, are to be most
carefully observed, even in the manner of the administration and the expending of the goods, without prejudice to the provisions of Can. 1301 §3.
Can. 1301
§1 The Ordinary
is the executor of all pious dispositions whether made mortis causa or inter
vivos.
§2 by this right
the Ordinary can and must ensure, even by making a visitation, that pious
dispositions are fulfilled. Other executors are to render him an account when
they have finished their task.
§3 Any clause
contrary to this right of the Ordinary which is added to a last will, is to
be regarded as non-existent.
Can. 1302
§1 Anyone who
receives goods in trust for pious causes, whether by an act inter vivos or by
last will, must inform the Ordinary about the trust, as well as about the goods in question, both movable and immovable, and about any obligations
attached to them. If the donor has expressly and totally forbidden this, the trust is not to be accepted.
§2 The Ordinary
must demand that goods left in trust be safely preserved and, in accordance
with Can. 1301, he must ensure that the pious disposition is executed.
§3 When goods
given in trust to a member of a religious institute or society of apostolic
life, are destined for a particular place or diocese or their inhabitants, or
for pious causes, the Ordinary mentioned in ?§1 and 2 is the local Ordinary.
Otherwise, when the person is a member of a pontifical clerical institute or of a pontifical clerical society of apostolic life, it is the major Superior;
when of other religious institutes, it is the members proper Ordinary.
Can. 1303
§1 In law the term pious foundation comprises:
1. autonomous pious foundations, that is, aggregates of things destined for
the purposes described in Can. 114 §2, and established as juridical persons
by the competent ecclesiastical authority.
2. non-autonomous pious foundations, that is, temporal goods given in any way
to a public juridical person and carrying with them a long-term obligation,
such period to be determined by particular law. The obligation is for the juridical person, from the annual income, to celebrate Masses, or to perform
other determined ecclesiastical functions, or in some other way to fulfil the purposes mentioned in Can. 114 §2.
§2 If the goods of a non-autonomous pious foundation are entrusted to a juridical person subject
to the diocesan Bishop, they are, on the expiry of the time, to be sent to
the fund mentioned in Can. 1274 §1, unless some other intention was expressly
manifested by the donor. Otherwise, the goods fall to the juridical person
itself.
Can. 1304
§1 For the valid
acceptance of a pious foundation by a juridical person, the written
permission of the Ordinary is required. He is not to give this permission
until he has lawfully established that the juridical person can satisfy not
only the new obligations to be undertaken, but also any already undertaken.
The Ordinary is to take special care that the revenue fully corresponds to
the obligations laid down, taking into account the customs of the region or
place.
§2 Other
conditions for the establishment or acceptance of a pious foundation are to
be determined by particular law.
Can. 1305
Money and movable
goods which are assigned as a dowry are immediately to be put in a safe place
approved by the Ordinary, so that the money or the value of the movable goods
is safeguarded; as soon as possible, they are to be carefully and profitably
invested for the good of the foundation, with an express and individual
mention of the obligation undertaken, in accordance with the prudent
judgement of the Ordinary when he has consulted those concerned and his own
finance committee.
Can. 1306
§1 All
foundations, even if made orally, are to be recorded in writing.
§2 One copy of the document is to be carefully preserved in the curial archive and another
copy in the archive of the juridical person to which the foundation pertains.
Can. 1307
§1 When the provisions of cann. 1300-1302 and 1287 have been observed, a document showing
the obligations arising from the pious foundations is to be drawn up. This is
to be displayed in a conspicuous place, so that the obligations to be
fulfilled are not forgotten.
§2 Apart from the book mentioned in Can. 958 §1, another book is to be kept by the parish
priest or rector, in which each of the obligations, their fulfilment and the offering given, is to be recorded.
Can. 1308
§1 The reduction of Mass obligations, for a just and necessary reason, is reserved to the Apostolic See, without prejudice to the provisions which follow.
§2 If this is
expressly provided for in the document of foundation, the Ordinary may reduce
Mass obligations on the ground of reduced income.
§3 In the cases of Masses given in legacies or in foundations of any kind, which are solely
for the purpose of Masses, the diocesan Bishop has the power, because of the diminution of income and for as long as this persists, to reduce the obligations to the level of the offering lawfully current in the diocese. He
may do this, however, only if there is no one who has an obligation to
increase the offering and can actually be made to do so.
§4 The diocesan
Bishop has the power to reduce the obligations or legacies of Masses which
bind an ecclesiastical institute, if the revenue has become insufficient to
achieve in a fitting manner the proper purpose of the institute.
§5 The supreme
Moderator of a clerical religious institute of pontifical right has the powers given in ?§3 and 4.
Can. 1309
Where a fitting
reason exists, the authorities mentioned in Can. 1308 have the power to
transfer Mass obligations to days, Churches or altars other than those
determined in the foundation.
Can. 1310
§1 The intentions of the faithful in pious cases may be reduced, directed or changed by the Ordinary, if the donor has expressly conceded this power to him, but only for
a just and necessary reason.
§2 If it has become
impossible to carry out the obligations because of reduced income, or for any
other reason arising without fault on the part of the administrators, the Ordinary can diminish these obligations in an equitable manner, with the exception of the reduction of Masses, which is governed by the provisions of Can. 1308. He may do so only after consulting those concerned and his own
finance committee, keeping in the best way possible to the intention of the donor.
§3 In all other
cases, the Apostolic See is to be approached.
Book 6. - Sanctions In the Church (canons 1311-1399)
Part I. Offences and Punishments In General (canons 1311 - 1363)
Title 1. The Punishment of Offences In General
Can. 1311
The Church has
its own inherent right to constrain with penal sanctions Christ's faithful
who commit offences.
Can. 1312
§1 The penal
sanctions in the Church are:
a. medicinal penalties or censures, which are listed in cann. 1331-1333
b. expiatory
penalties, mentioned in Can. 1336;
§2 The law may
determine other expiatory penalties which deprive a member of Christ's
faithful of some spiritual or temporal good, and are consistent with the Church's supernatural purpose.
§3 Use is also
made of penal remedies and penances: the former primarily to prevent offences, the latter rather to substitute for or to augment a penalty.
Title 2. Penal
Law and Penal Precept
Can. 1313
§1 If a law is
changed after an offence has been committed, the law more favourable to the offender is to be applied.
§2 If a later law
removes a law, or at least a penalty, the penalty immediately lapses.
Can. 1314
A penalty is for
the most part ferendae sententiae, that is, not binding on the offender until
it has been imposed. It is, however, latae sententiae, so that it is incurred
automatically on the commission of an offence, if a law or precept expressly
lays this down.
Can. 1315
§1 Whoever has
legislative power can also make penal laws. A legislator can, however, by
laws of his own, reinforce with a fitting penalty a divine law or an
ecclesiastical law of a higher authority, observing the limits of his
competence in respect of territory or persons.
§2 A law can
either itself determine the penalty or leave its determination to the prudent
decision of a judge.
§3 A particular
law can also add other penalties to those laid down for a certain offence in
a universal law; this is not to be done, however, except for the gravest
necessity. If a universal law threatens an undetermined penalty or a
discretionary penalty, a particular law can establish in its place a
determined or an obligatory penalty.
Can. 1316
Diocesan Bishops
are to take care that as far as possible any penalties which are to be
imposed by law are uniform within the same city or region.
Can. 1317
Penalties are to
be established only in so far as they are really necessary for the better
maintenance of ecclesiastical discipline. Dismissal from the clerical state,
however, cannot be laid down by particular law.
Can. 1318
A legislator is
not to threaten latae sententiae penalties, except perhaps for some
outstanding and malicious offences which may be either more grave by reason of scandal or such that they cannot be effectively punished by ferendae
sententiae penalties. He is not, however, to constitute censures, especially
excommunication, except with the greatest moderation, and only for the more
grave offences.
Can. 1319
§1 To the extent
to which a legislator can impose precepts by virtue of the power of governance in the external forum, to that extent can he also by precept
threaten a determined penalty, other than a perpetual expiatory penalty.
§2 A precept to
which a penalty is attached is not to be issued unless the matter has been
very carefully considered, and unless the provisions of Can.
1317 and 1318 concerning particular laws have been observed.
Can. 1320
In all matters in
which they come under the authority of the local Ordinary, religious can be
constrained by him with penalties.
Title 3. Those
who are Liable To Penal Sanctions
Can. 1321
§1 No one can be
punished for the commission of an external violation of a law or precept
unless it is gravely imputable by reason of malice or of culpability.
§2 A person who
deliberately violated a law or precept is bound by the penalty prescribed in
that law or precept. If, however, the violation was due to the omission of due diligence, the person is not punished unless the law or precept provides
otherwise.
§3 Where there
has been an external violation, imputability is presumed, unless it appears
otherwise.
Can. 1322
Those who
habitually lack the use of reason, even though they appeared sane when they
violated a law or precept, are deemed incapable of committing an offence.
Can. 1323
No one is liable
to a penalty who, when violating a law or precept:
1. has not completed the sixteenth year of age;
2. was, without fault, ignorant of violating the law or precept; inadvertence
and error are equivalent to ignorance
3. acted under physical force, or under the impetus of a chanceoccurrence
which the person could not foresee or if foreseen could not avoid;
4. acted under the compulsion of grave fear, even if only relative, or by
reason of necessity or grave inconvenience, unless, however, the act is
intrinsically evil or tends to be harmful to souls;
5. acted, within the limits of due moderation, in lawful self-defence or
defence of another against an unjust aggressor;
6. lacked the use of reason, without prejudice to the provisions of cann.
1324, §1, n. 2 and 1325;
7. thought, through no personal fault, that some one of the circumstances
existed which are mentioned in nn. 4 or 5.
Can. 1324
§1 The
perpretrator of a violation is not exempted from penalty, but the penalty
prescribed in the law or precept must be diminished, or a penance substituted
in its place, if the offence was committed by:
1. one who had only an imperfect use of reason;
2. one who was lacking the use of reason because of culpable drunkenness or
other mental disturbance of a similar kind;
3. one who acted in the heat of passion which, while serious, nevertheless
did not precede or hinder all mental deliberation and consent of the will,
provided that the passion itself had not been deliberately stimulated or
nourished
4. a minor who has completed the sixteenth year of age;
5. one who was compelled by grave fear, even if only relative, or byreason of necessity or grave inconvenience, if the act is intrinsically evil or tends
to be harmful to souls;
6. one who acted in lawful self-defence or defence of another against an
unjust aggressor, but did not observe due moderation;
7. one who acted against another person who was gravely and unjustly
provocative;
8. one who erroneously, but culpably, thought that some one of the circumstances existed which are mentioned in Can. 1323, nn. 4 or 5;
9. one who through no personal fault was unaware that a penalty was attached
to the law or precept;
10. one who acted without full imputability, provided it remained grave.
§2 A judge can do
the same if there is any other circumstance present which would reduce the gravity of the offence.
§3 In the circumstances mentioned in §1, the offender is not bound by a latae
sententiae penalty.
Can. 1325
Ignorance which
is crass or supine or affected can never be taken into account when applying
the provisions of cann. 1323 and 1324. Likewise, drunkenness or other mental
disturbances cannot be taken into account if these have been deliberately
sought so as to commit the offence or to excuse it; nor can passion which has
been deliberately stimulated or nourished.
Can. 1326
§1 A judge may
inflict a more serious punishment than that prescribed in the law or precept
when:
1. a person, after being condemned, or after the penalty has been declared,
continues so to offend that obstinate ill-will may prudently be concluded
from the circumstances;
2. a person who is established in some position of dignity, or who has abused
a position of authority or an office, in order to commit a crime;
3. an offender who, after a penalty for a culpable offence was constituted,
foresaw the event but nevertheless omitted to take the precautions to avoid
it which any careful person would have taken.
§2 In the cases
mentioned in 1, if the penalty constituted is latae sententiae, another
penalty or a penance may be added.
Can. 1327
A particular law
may, either as a general rule or for individual offences, determine excusing,
attenuating or aggravating circumstances, over and above the cases mentioned
in cann. 1323-1326. Likewise, circumstances may be determined in a precept
which excuse from, attenuate or aggravate the penalty constituted in the precept.
Can. 1328
§1 One who in
furtherance of an offence did something or failed to do something but then,
involuntarily, did not complete the offence, is not bound by the penalty
prescribed for the completed offence, unless the law or a precept provides
otherwise.
§2 If the acts or
the omissions of their nature lead to the carrying out of the offence, the person responsible may be subjected to a penance or to a penal remedy, unless
he or she had spontaneously desisted from the offence which had been
initiated. However, if scandal or other serious harm or danger has resulted,
the perpetrator, even though spontaneously desisting, may be punished by a
just penalty, but of a lesser kind than that determined for the completed
crime.
Can. 1329
§1 Where a number of persons conspire together to commit an offence, and accomplices are not
expressly mentioned in the law or precept, if ferendae sententiae penalties
were constituted for the principal offender, then the others are subject to
the same penalties or to other penalties of the same or a lesser gravity.
§2 In the case of a latae sententiae penalty attached to an offence, accomplices, even though
not mentioned in the law or precept, incur the same penalty if, without their
assistance, the crime would not have been committed, and if the penalty is of such a nature as to be able to affect them; otherwise, they can be punished
with ferendae sententiae penalties.
Can. 1330
§1 An offence
which consists in a declaration or in some other manifestation of doctrine or
knowledge, is not to be regarded as effected if no one actually perceives the declaration or manifestation.
Title 4.
Penalties and Other Punishments
Chapter 1. Censures
Can. 1331
§1 An
excommunicated person is forbidden:
1. to have any ministerial part in the celebration of the Sacrifice of the Eucharist or in any other ceremonies of public worship;
2. to celebrate the sacraments or sacramentals and to receive the sacraments
;
3. to exercise any ecclesiastical offices, ministries, functions or acts of governance.
§2 If the excommunication
has been imposed or declared, the offender:
1. proposing to act in defiance of the provision of §1, n. 1 is to be
removed, or else the liturgical action is to be suspended, unless there is a
grave reason to the contrary
2. invalidly exercises any acts of governance which, in accordancewith §1,
n.3, are unlawful;
3. is forbidden to benefit from privileges already granted;
4. cannot validly assume any dignity, office or other function in the Church
5. loses the title to the benefits of any dignity, office, function or
pension held in the Church.
Can. 1332
One who is under
interdict is obliged by the prohibition of Can. 1331
§1, nn. 1 and 2-
if the interdict was imposed or declared, the provision of Can. 1331 §2, n. 1
is to be observed.
Can. 1333
§1 Suspension,
which can affect only clerics, prohibits:
1. all or some of the acts of the power of order
2. all or some of the acts of the power of governance;
3. The exercise of all or some of the rights or functions attaching toan office.
§2 In a law or a
precept it may be prescribed that, after a judgement which imposes or
declares the penalty, a suspended person cannot validly perform acts of the power of governance.
§3 The
prohibition never affects:
1. any offices or power of governance which are not within the control of the Superior who establishes the penalty;
2. a right of residence which the offender may have by virtue of office;
3. The right to administer goods which may belong to an office held by the person suspended, if the penalty is latae sententiae.
§4 A suspension
prohibiting the receipt of benefits, stipends, pensions or other such things,
carries with it the obligation of restitution of whatever has been unlawfully
received, even though this was in good faith.
Can. 1334
§1 The extent of a suspension, within the limits laid down in the preceding canon, is defined
either by the law or precept, or by the judgement or decree whereby the penalty is imposed.
§2 A law, but not
a precept, can establish a latae sententiae suspension without an added
determination or limitation; such a penalty has all the effects enumerated in
Can. 1333 §1.
Can. 1335
If a censure
prohibits the celebration of the sacraments or sacramentals or the exercise of a power of governance, the prohibition is suspended whenever this is
necessary to provide for the faithful who are in danger of death. If a latae
sententiae censure has not been declared, the prohibition is also suspended
whenever one of the faithful requests a sacrament or sacramental or an act of the power of governance; for any just reason it is lawful to make such a
request.
Chapter 2. Expiatory penalties
Can. 1336
§1 Expiatory
penalties can affect the offender either forever or for a determinate or an
indeterminate period. Apart from others which the law may perhaps establish,
these penalties are as follows:
1. a prohibition against residence, or an order to reside, in a certain place
or territory;
2. deprivation of power, office, function, right, privilege, faculty, favour,
title or insignia, even of a merely honorary nature;
3. a prohibition on the exercise of those things enumerated in n. 2, or a
prohibition on their exercise inside or outside a certain place; such a
prohibition is never under pain of nullity;
4. a penal transfer to another office;
5. dismissal from the clerical state.
§2 Only those
expiatory penalties may be latae sententiae which are enumerated in §1, n. 3.
Can. 1337
§1 A prohibition
against residing in a certain place or territory can affect both clerics and religious. An order to reside in a certain place can affect secular clerics
and, within the limits of their constitutions, religious.
§2 An order
imposing residence in a certain place or territory must have the consent of the Ordinary of that place, unless there is question of a house set up for
penance or rehabilitation of clerics, including extradiocesans.
Can. 1338
§1 The
deprivations and prohibitions enumerated in Can. 1336 §1, nn. 2 and 3 never
affect powers, offices, functions, rights, privileges, faculties, favours,
titles or insignia, which are not within the control of the Superior who
establishes the penalty.
§2 There can be
no deprivation of the power of order, but only a prohibition against the exercise of it or of some of its acts; neither can there be a deprivation of academic degrees.
§3 The norm laid
down for censures in Can. 1335 is to be observed in regard to the prohibitions mentioned in Can. 1336 §1, n. 3.
Chapter 3. Penal Remedies and Penances
Can. 1339
§1 When someone
is in a proximate occasion of committing an offence or when, after an
investigation, there is a serious suspicion that an offence has been
committed, the Ordinary either personally or through another can give that
person warning.
§2 In the case of behaviour which gives rise to scandal or serious disturbance of public order,
the Ordinary can also correct the person, in a way appropriate to the particular conditions of the person and of what has been done.
§3 The fact that
there has been a warning or a correction must always be proven, at least from
some document to be kept in the secret archive of the curia.
Can. 1340
§1 A penance,
which is imposed in the external forum, is the performance of some work of religion or piety or charity.
§2 A public
penance is never to be imposed for an occult transgression.
§3 According to
his prudent judgement, the Ordinary may add penances to the penal remedy of warning or correction.
Title 5. The
Application of Penalties
Can. 1341
The Ordinary is
to start a judicial or an administrative procedure for the imposition or the declaration of penalties only when he perceives that neither by fraternal
correction or reproof, nor by any methods of pastoral care, can the scandal
be sufficiently repaired, justice restored and the offender reformed.
Can. 1342
§1 Whenever there
are just reasons against the use of a judicial procedure, a penalty can be
imposed or declared by means of an extra-judicial decree; in every case,
penal remedies and penances may be applied by a decree.
§2 Perpetual
penalties cannot be imposed or declared by means of a decree; nor can
penalties which the law or precept establishing them forbids to be applied by
decree.
§3 What the law
or decree says of a judge in regard to the imposition or declaration of a
penalty in a trial, is to be applied also to a Superior who imposes or
declares a penalty by an extra-judicial decree, unless it is otherwise clear,
or unless there is question of provisions which concern only procedural
matters.
Can. 1343
If a law or
precept gives the judge the power to apply or not to apply a penalty, the judge may also, according to his own conscience and prudence, modify the penalty or in its place impose a penance.
Can. 1344
Even though the law may use obligatory words, the judge may, according to his own conscience
and prudence:
1. defer the imposition of the penalty to a more opportune time, if it is
foreseen that greater evils may arise from a too hasty punishment of the offender;
2. abstain from imposing the penalty or substitute a milder penalty or a
penance, if the offender has repented and repaired the scandal, or if the offender has been or foreseeably will be sufficiently punished by the civil
authority;
3. may suspend the obligation of observing an expiatory penalty, if the person is a first-offender after a hitherto blameless life, and there is no
urgent need to repair scandal; this is, however, to be done in such a way
that if the person again commits an offence within a time laid down by the judge, then that person must pay the penalty for both offences, unless in the meanwhile the time for prescription of a penal action in respect of the former offence has expired.
Can. 1345
Whenever the offender had only an imperfect use of reason, or committed the offence out of fear or necessity or in the heat of passion or with a mind disturbed by drunkenness
or a similar cause, the judge can refrain from inflicting any punishment if
he considers that the persons reform may be better accomplished in some other
way.
Can. 1346
Whenever the offender has committed a number of offences and the sum of penalties which
should be imposed seems excessive, it is left to the prudent decision of the judge to moderate the penalties in an equitable fashion.
Can. 1347
§1 A censure
cannot validly be imposed unless the offender has beforehand received at
least one warning to purge the contempt, and has been allowed suitable time
to do so.
§2 The offender
is said to have purged the contempt if he or she has truly repented of the offence and has made, or at least seriously promised to make, reparation for
the damage and scandal.
Can. 1348
When the person
has been found not guilty of an accusation, or where no penalty has been
imposed, the Ordinary may provide for the persons welfare or for the common
good by opportune warnings or other solicitous means, and even, if the case
calls for it, by the use of penal remedies.
Can. 1349
If a penalty is
indeterminate, and if the law does not provide otherwise, the judge is not to
impose graver penalties, especially censures, unless the seriousness of the case really demands it. He may not impose penalties which are perpetual.
Can. 1350
§1 In imposing
penalties on a cleric, except in the case of dismissal from the clerical
state, care must always be taken that he does not lack what is necessary for
his worthy support.
§2 If a person is
truly in need because he has been dismissed from the clerical state, the Ordinary is to provide in the best way possible.
Can. 1351
A penalty binds
an offender everywhere, even when the one who established or imposed it has
ceased from office, unless it is otherwise expressly provided.
Can. 1352
§1 If a penalty
prohibits the reception of the sacraments or sacramentals, the prohibition is
suspended for as long as the offender is in danger of death.
§2 The obligation of observing a latae sententiae penalty which has not been declared, and is
not notorious in the place where the offender actually is, is suspended
either in whole or in part to the extent that the offender cannot observe it
without the danger of grave scandal or loss of good name.
Can. 1353
An appeal or a
recourse against judgements of a court or against decrees which impose or
declare any penalty, has a suspensive effect.
Title 6. The
Cessation of Penalties
Can. 1354
§1 Besides those
who are enumerated in cann. 1355-56, all who can dispense from a law which is
supported by a penalty, can also remit the penalty itself.
§2 Moreover, a
law or precept which establishes a penalty can also grant to others the power of remitting the penalty.
§3 If the Apostolic See has reserved the remission of a penalty to itself or to others,
the reservation is to be strictly interpreted.
Can. 1355
§1 Provided it is
not reserved to the Apostolic See, a penalty which is established by law and has been imposed or declared, can be remitted by the following:
1. The Ordinary who initiated the judicial proceedings to impose or declare
the penalty, or who by a decree, either personally or through another,
imposed or declared it;
2. The Ordinary of the place where the offender actually is, after consulting
the Ordinary mentioned in n. 1, unless because of extraordinary circumstances
this is impossible.
§2 Provided it is
not reserved to the Apostolic See, a latae sententiae penalty established by
law but not yet declared, can be remitted by the Ordinary in respect of his
subjects and of those actually in his territory or of those who committed the offence in his territory. Moreover, any Bishop can do this, but only in the course of sacramental confession.
Can. 1356
§1 A ferendae or
a latae sententiae penalty established in a precept not issued by the Apostolic See, can be remitted by the following:
1. The Ordinary of the place where the offender actually is;
2. if the penalty has been imposed or declared, the Ordinary who initiated
the judicial proceedings to impose or declare the penalty, or who by a
decree, either personally or through another, imposed or declared it.
§2 Before the remission is granted, the author of the precept is to be consulted, unless
because of extraordinary circumstance this is impossible.
Can. 1357
§1 Without
prejudice to the provisions of cann. 508 and 976, a confessor can in the internal sacramental forum remit a latae sententiae censure of excommunication or interdict which has not been declared, if it is difficult
for the penitent to remain in a state of grave sin for the time necessary for
the competent Superior to provide.
§2 In granting
the remission, the confessor is to impose on the penitent, under pain of again incurring the censure, the obligation to have recourse within one month
to the competent Superior or to a priest having the requisite faculty, and to
abide by his instructions. In the meantime, the confessor is to impose an
appropriate penance and, to the extent demanded, to require reparation of scandal and damage. The recourse, however, may be made even through the confessor, without mention of a name.
§3 The same duty of recourse, when they have recovered, binds those who in accordance with
Can. 976 have had remitted an imposed or declared censure or one reserved to
the Holy See.
Can. 1358
§1 The remission of a censure cannot be granted except to an offender whose contempt has been
purged in accordance with Can. 1347 §2. However, once the contempt has been
purged, the remission cannot be refused.
§2 The one who
remits a censure can make provision in accordance with Can. 1348, and can
also impose a penance.
Can. 1359
If one is bound
by a number of penalties, a remission is valid only for those penalties
expressed in it. A general remission, however, removes all penalties, except
those which in the petition have been concealed in bad faith.
Can. 1360
The remission of a penalty extorted by grave fear is invalid
Can. 1361
§1 A remission
can be granted even to a person who is not present, or conditionally.
§2 A remission in
the external forum is to be granted in writing, unless a grave reason
suggests otherwise.
§3 Care is to be
taken that the petition for remission or the remission itself is not made
public, except insofar as this would either be useful for the protection of the good name of the offender, or be necessary to repair scandal.
Can. 1362
§1 A criminal
action is extinguished by prescription after three years, except for:
1. offences reserved to the Congregation for the Doctrine of the Faith;
2. an action arising from any of the offences mentioned in cann. 1394, 1395,
1397, 1398, which is extinguished after five years;
3. offences not punished by the universal law, where a particular law has
prescribed a different period of prescription.
§2 Prescription
runs from the day the offence was committed or, if the offence was enduring
or habitual, from the day it ceased.
Can. 1363
§1 An action to
execute a penalty is extinguished by prescription if the judges decree of execution mentioned in Can. 1651 was not notified to the offender within the periods mentioned in Can. 1362; these periods are to be reckoned from the day
the condemnatory judgement became an adjudged matter.
§2 The same
applies, with the necessary adjustments, if the penalty was imposed by an
extra-judicial decree.
Part II. Penalties
for Particular Offences (canons 1364 -1399)
Title 1. Offences Against Religion and the Unity of the Church
Can. 1364
§1 An apostate
from the faith, a heretic or a schismatic incurs a latae sententiae
excommunication, without prejudice to the provision of Can. 194
§1, n. 2; a
cleric, moreover, may be punished with the penalties mentioned in Can. 1336
§1, nn. 1, 2 and 3.
§2 If a
longstanding contempt or the gravity of scandal calls for it, other penalties
may be added, not excluding dismissal from the clerical state.
Can. 1365
One who is guilty of prohibited participation in religious rites is to be punished with a just
penalty.
Can. 1366
Parents, and those taking the place of parents, who hand over their children to be
baptised or brought up in a non-catholic religion, are to be punished with a
censure or other just penalty.
Can. 1367
One who throws
away the consecrated species or, for a sacrilegious purpose, takes them away
or keeps them, incurs a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished with some other penalty,
not excluding dismissal from the clerical state.
Can. 1368
A person who, in
asserting or promising something before an ecclesiastical authority, commits
perjury, is to be punished with a just penalty.
Can. 1369
A person is to be
punished with a just penalty, who, at a public event or assembly, or in a
published writing, or by otherwise using the means of social communication,
utters blasphemy, or gravely harms public morals, or rails at or excites
hatred of or contempt for religion or the Church.
Title 2.
Offences Against Church Authorities and the Freedom of the Church
Can. 1370
§1 A person who
uses physical force against the Roman Pontiff incurs a latae sententiae
excommunication reserved to the Apostolic See; if the offender is a cleric,
another penalty, not excluding dismissal from the clerical state, may be
added according to the gravity of the crime.
§2 One who does
this against a Bishop incurs a latae sententiae interdict and, if a cleric,
he incurs also a latae sententiae suspension.
§3 A person who
uses physical force against a cleric or religious out of contempt for the faith, or the Church, or ecclesiastical authority or the ministry, is to be
punished with a just penalty.
Can. 1371
The following are
to be punished with a just penalty:
1. a person who, apart from the case mentioned in Can. 1364 §1, teaches a
doctrine condemned by the Roman Pontiff, or by an Ecumenical Council, or
obstinately rejects the teaching mentioned in Can. 752 and, when warned by
the Apostolic See or by the Ordinary, does not retract;
2. a person who in any other way does not obey the lawful command or
prohibition of the Apostolic See or the Ordinary or Superior and, after being
warned, persists in disobedience.
Can. 1372
A person who
appeals from an act of the Roman Pontiff to an Ecumenical Council or to the College of Bishops, is to be punished with a censure.
Can. 1373
A person who
publicly incites his or her subjects to hatred or animosity against the Apostolic See or the Ordinary because of some act of ecclesiastical authority
or ministry, or who provokes the subjects to disobedience against them, is to
be punished by interdict or other just penalties.
Can. 1374
A person who
joins an association which plots against the Church is to be punished with a
just penalty- one who promotes or takes office in such an association is to
be punished with an interdict.
Can. 1375
Those who hinder
the freedom of the ministry or of an election or of the exercise of ecclesiastical power, or the lawful use of sacred or other ecclesiastical
goods, or who intimidate either an elector or one who is elected or one who
exercises ecclesiastical power or ministry, may be punished with a just
penalty.
Can. 1376
A person who
profanes a sacred object, moveable or immovable, is to be punished with a
just penalty.
Can. 1377
A person who
without the prescribed permission alienates ecclesiastical goods, is to be
punished with a just penalty.
Title 3. Usurpation of Ecclesiastical Offices and Offences Committed In Their Exercise
Can. 1378
§1 A priest who
acts against the prescription of Can. 977 incurs a latae sententiae
excommunication reserved to the Apostolic See.
§2 The following
incur a latae sententiae interdict or, if a cleric, a latae sententiae
suspension:
1. a person who, not being an ordained priest, attempts to celebrate Mass
2. a person who, apart from the case mentioned in §1, though unable to give
valid sacramental absolution, attempts to do so, or hears a sacramental
confession.
§3 In the cases
mentioned in §2, other penalties, not excluding excommunication, can be
added, according to the gravity of the offence.
Can. 1379
A person who,
apart from the cases mentioned in Can. 1378, pretends to administer a
sacrament, is to be punished with a just penalty.
Can. 1380
A person who
through simony celebrates or receives a sacrament, is to be punished with an
interdict or suspension.
Can. 1381
§1 Anyone who
usurps an ecclesiastical office is to be punished with a just penalty.
§2 The unlawful retention of an ecclesiastical office after being deprived of it, or ceasing from it,
is equivalent to usurpation.
Can. 1382
Both the Bishop
who, without a pontifical mandate, consecrates a person a Bishop, and the one
who receives the consecration from him, incur a latae sententiae
excommunication reserved to the Apostolic See.
Can. 1383
A Bishop who,
contrary to the provision of Can. 1015, ordained someone elses subject
without the lawful dimissorial letters, is prohibited from conferring orders
for one year. The person who received the order is ipso facto suspended from
the order received.
Can. 1384
A person who,
apart from the cases mentioned in cann. 1378-1383, unlawfully exercises the office of a priest or another sacred ministry, may be punished with a just
penalty.
Can. 1385
A person who
unlawfully traffics in Mass offerings is to be punished with a censure or
other just penalty.
Can. 1386
A person who
gives or promises something so that some one who exercises an office in the Church would unlawfully act or fail to act, is to be punished with a just
penalty; likewise, the person who accepts such gifts or promises.
Can. 1387
A priest who in
confession, or on the occasion or under the pretext of confession, solicits a
penitent to commit a sin against the sixth commandment of the Decalogue, is
to be punished, according to the gravity of the offence, with suspension,
prohibitions and deprivations; in the more serious cases he is to be
dismissed from the clerical state.
Can. 1388
§1 A confessor
who directly violates the sacramental seal, incurs a latae sententiae
excommunication reserved to the Apostolic See; he who does so only indirectly
is to be punished according to the gravity of the offence.
§2 Interpreters
and the others mentioned in can. 983 §2, who violate the secret, are to be
punished with a just penalty, not excluding excommunication.
Can. 1389
§1 A person who
abuses ecclesiastical power or an office, is to be punished according to the gravity of the act or the omission, not excluding by deprivation of the office, unless a penalty for that abuse is already established by law or
precept.
§2 A person who,
through culpable negligence, unlawfully and with harm to another, performs or
omits an act of ecclesiastical power or ministry or office, is to be punished
with a just penalty.
Title 4. The
Offence of Falsehood
Can. 1390
§1 A person who
falsely denounces a confessor of the offence mentioned in can. 1387 to an
ecclesiastical Superior, incurs a latae sententiae interdict and, if a
cleric, he incurs also a suspension.
§2 A person who
calumniously denounces an offence to an ecclesiastical Superior, or otherwise
injures the good name of another, can be punished with a just penalty, not
excluding a censure.
§3 The
calumniator can also be compelled to make appropriate amends.
Can. 1391
The following can
be punished with a just penalty, according to the gravity of the offence:
1. a person who composes a false public ecclesiastical document, or who
changes or conceals a genuine one, or who uses a false or altered one
2. a person who in an ecclesiastical matter uses some other false oraltered
document;
3. a person who, in a public ecclesiastical document, asserts something
false.
Title 5.
Offences Against Special Obligations
Can. 1392
Clerics or
religious who engage in trading or business contrary to the provisions of the canons, are to be punished according to the gravity of the offence.
Can. 1393
A person who
violates obligations imposed by a penalty, can be punished with a just
penalty.
Can. 1394
§1 Without prejudice
to the provisions of can. 194, §1, n. 3, a cleric who attempts marriage, even
if only civilly, incurs a latae sententiae suspension. If, after warning, he
has not reformed and continues to give scandal, he can be progressively
punished by deprivations, or even by dismissal from the clerical state.
§2 Without
prejudice to the provisions of can. 694, a religious in perpetual vows who is
not a cleric but who attempts marriage, even if only civilly, incurs a latae
sententiae interdict.
Can. 1395
§1 Apart from the case mentioned in can. 1394, a cleric living in concubinage, and a cleric who
continues in some other external sin against the sixth commandment of the Decalogue which causes scandal, is to be punished with suspension. To this,
other penalties can progressively be added if after a warning he persists in
the offence, until eventually he can be dismissed from the clerical state.
§2 A cleric who
has offended in other ways against the sixth commandment of the Decalogue, if
the crime was committed by force, or by threats, or in public, or with a
minor under the age of sixteen years, is to be punished with just penalties,
not excluding dismissal from the clerical state if the case so warrants.
Can. 1396
A person who
gravely violates the obligation of residence to which he is bound by reason of an ecclesiastical office, is to be punished with a just penalty, not
excluding, after a warning, deprivation of the office.
Title 6.
Offences Against Human Life and Liberty
Can. 1397
One who commits
murder, or who by force or by fraud abducts, imprisons, mutilates or gravely
wounds a person, is to be punished, according to the gravity of the offence,
with the deprivations and prohibitions mentioned in can. 1336. In the case of the murder of one of those persons mentioned in can.
1370, the offender is punished with the penalties there prescribed.
Can. 1398
A person who
actually procures an abortion incurs a latae sententiae excommunication.
Title 7. General
Norm
Can. 1399
Besides the cases
prescribed in this or in other laws, the external violation of divine or
canon law can be punished, and with a just penalty, only when the special
gravity of the violation requires it and necessity demands that scandals be
prevented or repaired.
Book 7. - Processes (canons 1400-1752)
Part I. Trials in
General (canons 1400 - 1500)
Can. 1400
§1 The objects of a trial are:
1. to pursue or vindicate the rights of physical or juridical persons, or to
declare juridical facts;
2. to impose or to declare penalties in regard to offences.
§2 Disputes
arising from an act of administrative power, however, can be referred only to
the Superior or to an administrative tribunal.
Can. 1401
The Church has
its own and exclusive right to judge:
1. cases which refer to matters which are spiritual or linked with the spiritual;
2. The violation of ecclesiastical laws and whatever contains an element of sin, to determine guilt and impose ecclesiastical penalties.
Can. 1402
All tribunals of the Church are governed by the canons which follow, without prejudice to the norms of the tribunals of the Apostolic See.
Can. 1403
§1 Cases for the canonisation of the Servants of God are governed by special pontifical law.
§2 The provisions of this Code are also applied to these cases whenever the special pontifical
law remits an issue to the universal law, or whenever norms are involved
which of their very nature apply also to these cases.
Title 1. The
Competent Forum
Can. 1404
The First See is
judged by no one.
Can. 1405
§1 In the cases
mentioned in can. 1401, the Roman Pontiff alone has the right to judge:
1. Heads of State;
2. Cardinals;
3. Legates of the Apostolic See and, in penal cases, Bishops
4. other cases which he has reserved to himself.
§2 A judge cannot
review an act or instrument which the Roman Pontiff has specifically
confirmed, except by his prior mandate.
§3 It is reserved
to the Roman Rota to judge:
1. Bishops in contentious cases, without prejudice to can. 1419 §2;
2. The Abbot primate or the Abbot superior of a monastic congregation, and the supreme Moderator of a religious institute of pontifical right;
3. dioceses and other ecclesiastical persons, physical or juridical, which
have no Superior other than the Roman Pontiff.
Can. 1406
§1 If the provision of can. 1404 is violated, the acts and decisions are invalid.
§2 In the cases
mentioned in can. 1405, the non-competence of other judges is absolute.
Can. 1407
§1 No one can be
brought to trial in first instance except before a judge who is competent on
the basis of one of the titles determined in cann. 1408-1414.
§2 The
non-competence of a judge who has none of these titles is described as
relative.
§3 The plaintiff
follows the forum of the respondent. If the respondent has more than one
forum, the plaintiff may opt for any one of them.
Can. 1408
Anyone can be
brought to trial before the tribunal of domicile or quasi-domicile.
Can. 1409
§1 A person who
has not even a quasi-domicile has a forum in the place of actual residence.
§2 A person whose
domicile, quasi-domicile or place of actual residence is unknown, can be
brought to trial in the forum of the plaintiff, provided no other lawful
forum is available.
Can. 1410
Competence by
reason of subject matter means that a party can be brought to trial before
the tribunal of the place where the subject matter of the litigation is
located, whenever the action concerns that subject matter directly, or when
it is an action for the recovery of possession.
Can. 1411
§1 Competence by
reason of contract means that a party can be brought to trial before the tribunal of the place in which the contract was made or must be fulfilled,
unless the parties mutually agree to choose another tribunal.
§2 If the case
concerns obligations which arise from some other title, the party can be
brought to trial before the tribunal of the place in which the obligation
arose or in which it is to be fulfilled.
Can. 1412
A person accused
in a penal case can, even though absent, be brought to trial before the tribunal of the place in which the offence was committed.
Can. 1413
A party can be
brought to trial:
1. in cases concerning administration, before the tribunal of the place in
which the administration was exercised;
2. in cases concerning inheritances or pious legacies, before the tribunal of the last domicile or quasi-domicile or residence of the person whose
inheritance or pious legacy is at issue, in accordance with the norms of cann. 1408-1409.
If, however, only
the execution of the legacy is involved, the ordinary norms of competence are
to be followed.
Can. 1414
Competence by
reason of connection means that cases which are inter-connected can be heard
by one and the same tribunal and in the same process, unless this is
prevented by a provision of the law.
Can. 1415
Competence by
reason of prior summons means that, if two or more tribunals are equally
competent, the tribunal which has first lawfully summoned the respondent has
the right to hear the case.
Can. 1416
A conflict of competence between tribunals subject to the same appeal tribunal is to be
resolved by the latter tribunal. If they are not subject to the same appeal
tribunal, the conflict is to be settled by the Apostolic Signatura.
Title 2.
Different Grades and Kinds of Tribunals
Can. 1417
§1 Because of the primacy of the Roman Pontiff, any of the faithful may either refer their case
to, or introduce it before, the Holy See, whether the case be contentious or
penal. They may do so at any grade of trial or at any stage of the suit.
§2 Apart from the case of an appeal, a referral to the Apostolic See does not suspend the exercise of jurisdiction of a judge who has already begun to hear a case. The
judge can, therefore, continue with the trial up to the definitive judgement,
unless the Apostolic See has indicated to him that it has reserved the case
to itself.
Can. 1418
Every tribunal has
the right to call on other tribunals for assistance in instructing a case or
in communicating acts.
Chapter 1. The Tribunal of First Instance
Art. 1. The
Judge
Can. 1419
§1 In each
diocese and for all cases which are not expressly excepted in law, the judge of first instance is the diocesan Bishop. He can exercise his judicial power
either personally or through others, in accordance with the following canons.
§2 If the case
concerns the rights or temporal goods of a juridical person represented by
the Bishop, the appeal tribunal is to judge in first instance.
Can. 1420
§1 Each diocesan
Bishop is obliged to appoint a judicial Vicar, or Officialis, with
ordinary power to judge. The judicial Vicar is to be a person distinct from
the Vicar general, unless the smallness of the diocese or the limited number of cases suggests otherwise.
§2 The judicial
Vicar constitutes one tribunal with the Bishop, but cannot judge cases which
the Bishop reserves to himself.
§3 The judicial
Vicar can be given assistants, who are called associate judicial Vicars or Vice-officiales.
§4 The judicial
Vicar and the associate judicial Vicars must be priests of good repute, with
a doctorate or at least a licentiate in canon law, and not less than thirty
years of age.
§5 When the see
is vacant, they do not cease from office, nor can they be removed by the diocesan Administrator. On the coming of the new Bishop, however, they need
to be confirmed in office.
Can. 1421
§1 In each
diocese the Bishop is to appoint diocesan judges, who are to be clerics.
§2 The Episcopal
Conference can permit that lay persons also be appointed judges. Where
necessity suggests, one of these can be chosen in forming a college of Judges.
§3 Judges are to
be of good repute, and possess a doctorate, or at least a licentiate, in
canon law.
Can. 1422
The judicial
Vicar, the associate judicial Vicars and the other judges are appointed for a
specified period of time, without prejudice to the provision of can. 1420 §5.
They cannot be removed from office except for a lawful and grave reason.
Can. 1423
§1 With the approval of the Apostolic See, several diocesan Bishops can agree to
establish one tribunal of first instance in their dioceses, in place of the diocesan tribunals mentioned in cann. 1419-1421. In this case the group of Bishops, or a Bishop designated by them, has all the powers which the diocesan Bishop has for his tribunal.
§2 The tribunals
mentioned in §1 can be established for all cases, or for some types of cases
only.
Can. 1424
In any trial a
sole judge can associate with himself two assessors as advisers; they may be
clerics or lay persons of good repute.
Can. 1425
§1 The following
matters are reserved to a collegiate tribunal of three judges, any contrary
custom being reprobated:
1. contentious cases: a) concerning the bond of sacred ordination; b)
concerning the bond of marriage, without prejudice to the provisions of cann.
1686 and 1688;
2. penal cases: a) for offences which can carry the penalty of dismissal from
the clerical state; b) concerning the imposition or declaration of an
excommunication.
§2 The Bishop can
entrust the more difficult cases or those of greater importance to the judgement of three or of five judges.
§3 The judicial
Vicar is to assign judges in order by rotation to hear the individual cases,
unless in particular cases the Bishop has decided otherwise.
§4 In a trial at
first instance, if it should happen that it is impossible to constitute a
college of judges, the Episcopal Conference can for as long as the impossibility persists, permit the Bishop to entrust cases to a sole clerical
judge. Where possible, the sole judge is to associate with himself an
assessor and an auditor.
§5 Once judges
have been designated, the judicial Vicar is not to replace them, except for a
very grave reason, which must be expressed in a decree.
Can. 1426
§1 A collegiate
tribunal must proceed in a collegiate fashion and give its judgement by
majority vote.
§2 As far as
possible, the judicial Vicar or an associate judicial Vicar must preside over
the collegiate tribunal.
Can. 1427
§1 If there is a
controversy between religious, or houses of the same clerical religious
institute of pontifical right, the judge at first instance, unless the constitutions provide otherwise, is the provincial Superior or, if an
autonomous monastery is concerned, the local Abbot.
§2 Without
prejudice to a different provision in the constitutions, when a contentious
matter arises between two provinces, the supreme Moderator, either personally
or through a delegate, will be the judge at first instance. If the controversy is between two monasteries, the Abbot superior of the monastic
congregation will be the judge.
§3 Finally, if a
controversy arises between physical or juridical persons of different
religious institutes or even of the same clerical institute of diocesan right
or of the same lay institute, or between a religious person and a secular
cleric or a lay person or a non-religious juridical person, it is the diocesan tribunal which judges at first instance.
Art. 2.
Auditors and Relators
Can. 1428
§1 The judge or,
in the case of a collegiate tribunal, the presiding judge, can designate an
auditor to instruct the case. The auditor may be chosen from the tribunal
judges, or from persons approved by the Bishop for this office.
§2 The Bishop can
approve clerics or lay persons for the role of auditor. They are to be
persons conspicuous for their good conduct, prudence and learning.
§3 The task of the auditor is solely to gather the evidence in accordance with the judges
commission and, when gathered, to submit it to the judge. Unless the judge
determines otherwise, however, an auditor can in the meantime decide what
evidence is to be collected and the manner of its collection, should any
question arise about these matters while the auditor is carrying out his
role.
Can. 1429
The presiding
judge of a collegiate tribunal is to designate one of the judges of the college as ponens or relator. This person is to present the case at the meeting of the judges and set out the judgement in writing. For a
just reason the presiding judge can substitute another person in the place of the ponens.
Art. 3. The
promoter of justice, the Defender of the Bond and the Notary
Can. 1430
A promotor of justice is to be appointed in the diocese for penal cases, and for contentious
cases in which the public good may be at stake. The promotor is bound by office to safeguard the public good.
Can. 1431
§1 In contentious
cases it is for the diocesan Bishop to decide whether the public good is at
stake or not, unless the law prescribes the intervention of the promotor of justice, or this is clearly necessary from the nature of things.
§2 If the promoter of justice has intervened at an earlier instance of a trial, this
intervention is presumed to be necessary at a subsequent instance.
Can. 1432
A defender of the bond is to be appointed in the diocese for cases which deal with the nullity of ordination or the nullity or dissolution of marriage. The defender of the bond is bound by office to present and expound all that can reasonably be
argued against the nullity or dissolution.
Can. 1433
In cases in which
the presence of the promoter of justice or of the defender of the bond is
required, the acts are invalid if they were not summoned. This does not apply
if, although not summoned, they were in fact present or, having studied the acts, able to fulfil their role at least before the judgement.
Can. 1434
Unless otherwise
expressly provided:
1. whenever the law directs that the judge is to hear the parties or either of them, the promoter of justice and the defender of the bond are also to be
heard if they are present;
2. whenever, at the submission of a party, the judge is required to decide
some matter, the submission of the promoter of justice or of the defender of the bond engaged in the trial has equal weight.
Can. 1435
It is the Bishops
responsibility to appoint the promoter of justice and defender of the bond.
They are to be clerics or lay persons of good repute, with a doctorate or a
licentiate in canon law, and of proven prudence and zeal for justice.
Can. 1436
§1 The same
person can hold the office of promoter of justice and defender of the bond,
although not in the same case.
§2 The promotor of justice and the defender of the bond can be appointed for all cases, or
for individual cases. They can be removed by the Bishop for a just reason.
Can. 1437
§1 A notary is to
be present at every hearing, so much so that the acts are null unless signed
by the notary.
§2 Acts drawn up
by notaries constitute public proof.
Chapter 2. The Tribunal of Second Instance
Can. 1438
Without prejudice
to the provision of can. 1444 §1, n. 1.
1. an appeal from the tribunal of a suffragan Bishop is to the metropolitan
tribunal, without prejudice to the provisions of can. 1439.
2. in cases heard at first instance in the tribunal of the Metropolitan, the appeal is to a tribunal which the Metropolitan, with the approval of the Apostolic See, has designated in a stable fashion;
3. for cases dealt with before a provincial Superior, the tribunal of second
instance is that of the supreme Moderator; for cases heard before the local
Abbot, the second instance court is that of the Abbot superior of the monastic congregation.
Can. 1439
§1 If a single
tribunal of first instance has been constituted for several dioceses, in
accordance with the norm of can. 1423, the Episcopal Conference must, with
the approval of the Holy See, constitute a tribunal of second instance,
unless the dioceses are all suffragans of the same archdiocese.
§2 Even apart
from the cases mentioned in §1, the Episcopal Conference can, with the approval of the Apostolic See, constitute one or more tribunals of second
instance.
§3 In respect of the second instance tribunals mentioned in ?§1-2, the Episcopal Conference,
or the Bishop designated by it, has all the powers that belong to a diocesan
Bishop in respect of his own tribunal.
Can. 1440
If competence by
reason of the grade of trial, in accordance with the provisions of cann. 1438
and 1439, is not observed, then the non-competence of the judge is absolute.
Can. 1441
The tribunal of second instance is to be constituted in the same way as the tribunal of first
instance. However, if a sole judge has given a judgement in first instance in
accordance with can. 1425 §4, the second instance tribunal is to act
collegially.
Chapter 3. The Tribunals of the Apostolic See
Can. 1442
The Roman Pontiff
is the supreme judge for the whole catholic world.
He gives
judgement either personally, or through the ordinary tribunals of the Apostolic See, or through judges whom he delegates.
Can. 1443
The ordinary
tribunal constituted by the Roman Pontiff to receive appeals is the Roman
Rota.
Can. 1444
The Roman Rota
judges:
1. in second instance, cases which have been judged by ordinary tribunals of first instance and have been referred to the Holy See by a lawful appeal;
2. in third or further instance, cases which have been processed by the Roman
Rota itself or by any other tribunal, unless there is question of an adjudged
matter.
§2 This tribunal
also judges in first instance the cases mentioned in can. 1405
§3, and any
others which the Roman Pontiff, either on his own initiative or at the request of the parties, has reserved to his tribunal and has entrusted to the Roman Rota. These cases are judged by the Rota also in second or further
instances, unless the rescript entrusting the task provides otherwise.
Can. 1445
§1 The supreme
Tribunal of the Apostolic Signatura hears:
1. plaints of nullity, petitions for total reinstatement and other recourses
against rotal judgements;
2. recourses in cases affecting the status of persons, which the Roman Rota
has refused to admit to a new examination;
3. exceptions of suspicion and other cases against Auditors of the Roman Rota
by reason of things done in the exercise of their office;
4. The conflicts of competence mentioned in can. 1416.
§2 This same
Tribunal deals with controversies which arise from an act of ecclesiastical
administrative power, and which are lawfully referred to it. It also deals
with other administrative controversies referred to it by the Roman Pontiff
or by departments of the Roman Curia, and with conflicts of competence among
these departments.
§3 This Supreme
Tribunal is also competent:
1. to oversee the proper administration of justice and, should the need
arise, to take notice of advocates and procurators;
2. to extend the competence of tribunals;
3. to promote and approve the establishment of the tribunals mentioned in
cann.
1423 and 1439.
Title 3. The
Discipline To be Observed In Tribunals
Chapter 1. The Duties of the Judges and of the Officers of the Tribunal
Can. 1446
§1 All Christ's
faithful, and especially Bishops, are to strive earnestly, with due regard
for justice, to ensure that disputes among the people of God are as far as
possible avoided, and are settled promptly and without rancour.
§2 In the early
stages of litigation, and indeed at any other time as often as he discerns
any hope of a successful outcome, the judge is not to fail to exhort and assist the parties to seek an equitable solution to their controversy in
discussions with one another. He is to indicate to them suitable means to
this end and avail himself of serious-minded persons to mediate.
§3 If the issue
is about the private good of the parties, the judge is to discern whether an
agreement or a judgement by an arbitrator, in accordance with the norms of cann. 1717-1720[], might usefully serve to resolve the controversy.
Can. 1447
Any person
involved in a case as judge, promoter of justice, defender of the bond,
procurator, advocate, witness or expert cannot subsequently, in another
instance, validly determine the same case as a judge or exercise the role of assessor in it.
Can. 1448
§1 The judge is
not to undertake the hearing of a case in which any personal interest may be
involved by reason of consanguinity or affinity in any degree of the direct
line and up to the fourth degree of the collateral line, or by reason of guardianship or tutelage, or of close acquaintanceship or marked hostility or
possible financial profit or loss.
§2 The promotor of justice, the defender of the bond, the assessor and the auditor must
likewise refrain from exercising their offices in these circumstances.
Can. 1449
§1 In the cases
mentioned in can. 1448, if the judge himself does not refrain from exercising
his office, a party may object to him.
§2 The judicial
Vicar is to deal with this objection. If the objection is directed against
the judicial Vicar himself, the Bishop in charge of the tribunal is to deal
with the matter.
§3 If the Bishop
is the judge and the objection is directed against him, he is to refrain from
judging.
§4 If the objection is directed against the promoter of justice, the defender of the bond or any other officer of the tribunal, it is to be dealt with by the presiding judge of a collegial tribunal, or by the sole judge if there is
only one.
Can. 1450
If the objection
is upheld, the persons in question are to be changed, but not the grade of trial.
Can. 1451
§1 The objection
is to be decided with maximum expedition, after hearing the parties, the promoter of justice or the defender of the bond, if they are engaged in the trial and the objection is not directed against them.
§2 Acts performed
by a judge before being objected to are valid. Acts performed after the objection has been lodged must be rescinded if a party requests this within
ten days of the admission of the objection.
Can. 1452
§1 In a matter
which concerns private persons exclusively, a judge can proceed only at the request of a party. In penal cases, however, and in other cases which affect
the public good of the Church or the salvation of souls, once the case has
been lawfully introduced, the judge can and must proceed ex officio.
§2 The judge can
also supply for the negligence of the parties in bringing forward evidence or
in opposing exceptions, whenever this is considered necessary in order to
avoid a gravely unjust judgement, without prejudice to the provisions of can.
1600.
Can. 1453
Judges and tribunals are to ensure that, within the bounds of justice, all cases are
brought to a conclusion as quickly as possible. They are to see to it that in
the tribunal of first instance cases are not protracted beyond a year, and in
the tribunal of second instance not beyond six months.
Can. 1454
All who
constitute a tribunal or assist in it must take an oath to exercise their office properly and faithfully.
Can. 1455
§1 In a penal
trial, the judges and tribunal assistants are bound to observe always the secret of the office; in a contentious trial, they are bound to observe it if
the revelation of any part of the acts of the process could be prejudicial to
the parties.
§2 They are also
obliged to maintain permanent secrecy concerning the discussion held by the judges before giving their judgement, and concerning the various votes and opinions expressed there, without prejudice to the provisions of can.
1609 §4.
§3 Indeed, the judge can oblige witnesses, experts, and the parties and their advocates or
procurators, to swear an oath to observe secrecy. This may be done if the nature of the case or of the evidence is such that revelation of the acts or
evidence would put at risk the reputation of others, or give rise to
quarrels, or cause scandal or have any similar untoward consequence.
Can. 1456
The judge and all
who work in the tribunal are forbidden to accept any gifts on the occasion of a trial.
Can. 1457
§1 Judges can be
punished by the competent authority with appropriate penalties, not excluding
the loss of office, if, though certainly and manifestly competent, they
refuse to give judgement; if, with no legal support, they declare themselves
competent and hear and determine cases; if they breach the law of secrecy; or
if, through deceit or serious negligence, they cause harm to the litigants.
§2 Tribunal officers and assistants are subject to the same penalties if they fail in
their duty as above. The judge also has the power to punish them.
Chapter 2. The Ordering of the Hearing
Can. 1458
Cases are to be
heard in the order in which they were received and entered in the register,
unless some case from among them needs to be dealt with more quickly than
others. This is to be stated in a special decree which gives supporting
reasons.
Can. 1459
§1 Defects which
can render the judgement invalid can be proposed as exceptions at any stage
or grade of trial; likewise, the judge can declare such exceptions ex officio.
§2 Apart from the cases mentioned in §1, exceptions seeking a delay especially those which
concern persons and the manner of trial, are to be proposed before the joinder of the issue, unless they emerge only after it. They are to be
decided as soon as possible.
Can. 1460
§1 If an
exception is proposed against the competence of the judge, the judge himself
must deal with the matter.
§2 Where the exception concerns relative non-competence and the judge pronounces himself
competent, his decision does not admit of appeal. However, a plaint of nullity and a total reinstatement are not prohibited.
§3 If the judge
declares himself non-competent, a party who complains of being adversely
affected can refer the matter within fifteen canonical days to the appeal
tribunal.
Can. 1461
A judge who
becomes aware at any stage of the case that he is absolutely non-competent,
is bound to declare his non-competence.
Can. 1462
§1 Exceptions to
the effect that an issue has become an adjudged matter or has been agreed
between the parties, and those other peremptory exceptions which are said to
put an end to the suit, are to be proposed and examined before the joinder of the issue. Whoever raises them subsequently is not to be rejected, but will
be ordered to pay the costs unless it can be shown that the objection was not
maliciously delayed.
§2 Other
peremptory exceptions are to be proposed in the joinder of the issue and treated at the appropriate time under the rules governing incidental
questions.
Can. 1463
§1 Counter
actions can validly be proposed only within thirty days of the joinder of the issue.
§2 Such counter
actions are to be dealt with at the same grade of trial and simultaneously
with the principal action, unless it is necessary to deal with them
separately or the judge considers this procedure more opportune.
Can. 1464
Questions
concerning the guarantee of judicial expenses or the grant of free legal aid
which has been requested from the very beginning of the process, and other
similar matters, are normally to be settled before the joinder of the issue
Chapter 3. Time Limits and Postponements
Can. 1465
§1 The so-called
canonical time limits are fixed times beyond which rights cease in law. They
cannot be extended, nor can they validly be shortened except at the request of the parties.
§2 After hearing
the parties, or at their request, the judge can, for a just reason, extend
before they expire times fixed by himself or agreed by the parties. These
times can never validly be shortened without the consent of the parties.
§3 The judge is
to ensure that litigation is not unduly prolonged by reason of postponement.
Can. 1466
Where the law
does not establish fixed times for concluding procedural actions, the judge
is to define them, taking into consideration the nature of each act.
Can. 1467
If the day
appointed for a judicial action is a holiday, the fixed term is considered to
be postponed to the first subsequent day which is not a holiday.
Chapter 4. The Place of Trial
Can. 1468
As far as
possible, the place where each tribunal sits is to be an established office
which is open at stated times.
Can. 1469
§1 A judge who is
forcibly expelled from his territory or prevented from exercising
jurisdiction there, can exercise his jurisdiction and deliver judgement
outside the territory. The diocesan Bishop is, however, to be informed of the matter.
§2 Apart from the circumstances mentioned in §1, the judge, for a just reason and after hearing
the parties, can go outside his own territory to gather evidence. This is to
be done with the permission of, and in a place designated by, the diocesan
Bishop of the place to which he goes.
Chapter 5. Those who may be admitted to the court and the manner of compiling and preserving the acts
Can. 1470
§1 Unless
particular law prescribes otherwise, when cases are being heard before the tribunal, only those persons are to be present whom the law or the judge
decides are necessary for the hearing of the case.
§2 The judge can
with appropriate penalties take to task all who, while present at a trial,
are gravely lacking in the reverence and obedience due to the tribunal. He
can, moreover, suspend advocates and procurators from exercising their office
in ecclesiastical tribunals.
Can. 1471
If a person to be
interrogated uses a language unknown to the judge or the parties, an
interpreter, appointed by the judge and duly sworn, can be employed in the case. Declarations are to be committed to writing in the original language,
and a translation is to be added. An interpreter is also to be used if a deaf
and dumb person must be interrogated, unless the judge prefers that replies
to the questions he has asked be given in writing.
Can. 1472
§1 Judicial acts
must be in writing, both those which refer to the merits of the case, that
is, the acts of the case, and those which refer to the procedure, that is,
the procedural acts.
§2 Each page of the acts is to be numbered and bear a seal of authenticity.
Can. 1473
Whenever the signature of parties or witnesses is required in judicial acts, and the party
or witness is unable or unwilling to sign, this is to be noted in the acts.
At the same time the judge and the notary are to certify that the act was
read verbatim to the party or witness, and that the party or witness was
either unable or unwilling to sign.
Can. 1474
§1 In the case of an appeal, a copy of the acts is to be sent to the higher tribunal, with a
certification by the notary of its authenticity.
§2 If the acts
are in a language unknown to the higher tribunal, they are to be translated
into another language known to it. Suitable precautions are to be taken to
ensure that the translation is accurate.
Can. 1475
§1 When the trial
has been completed, documents which belong to private individuals must be
returned to them, though a copy of them is to be retained.
§2 Without an
order from the judge, notaries and the chancellor are forbidden to hand over
to anyone a copy of the judicial acts and documents obtained in the process.
Title 4. The
Parties In the Case
Chapter 1. The Plaintiff and the Respondent
Can. 1476
Any person,
baptised or unbaptised, can plead before a court. A person lawfully brought
to trial must respond.
Can. 1477
Even though the plaintiff or the respondent has appointed a procurator or advocate, each is
always bound to be present in person at the trial when the law or the judge
so prescribes.
Can. 1478
§1 Minors and those who lack the use of reason can stand before the court only through
their parents, guardians or curators, subject to the provisions of §3.
§2 If the judge
considers that the rights of minors are in conflict with the rights of the parents, guardians or curators, or that these cannot sufficiently protect the rights of the minors, the minors are to stand before the court through a
guardian or curator assigned by the judge.
§3 However, in
cases concerning spiritual matters and matters linked with the spiritual, if
the minors have the use of reason, they can plead and respond without the consent of parents or guardians; indeed, if they have completed their
fourteenth year, they can stand before the court on their own behalf;
otherwise, they do so through a curator appointed by the judge.
§4 Those barred
from the administration of their goods and those of infirm mind can themselves
stand before the court only to respond concerning their own offences, or by
order of the judge. In other matters they must plead and respond through
their curators.
Can. 1479
A guardian or
curator appointed by a civil authority can be admitted by an ecclesiastical
judge, after he has consulted, if possible, the diocesan Bishop of the person
to whom the guardian or curator has been given. If there is no such guardian
or curator, or it is not seen fit to admit the one appointed, the judge is to
appoint a guardian or curator for the case.
Can. 1480
§1 Judicial
persons stand before the court through their lawful representatives.
§2 In a case of absence or negligence of the representative, the Ordinary himself, either
personally or through another, can stand before the court in the name of juridicial persons subject to his authority.
Chapter 2. Procurators and Advocates
Can. 1481
§1 A party can
freely appoint an advocate and procurator for him or herself. Apart from the cases stated in ?§2 and 3, however, a party can plead and respond personally,
unless the judge considers the services of a procurator or advocate to be
necessary.
§2 In a penal
trial the accused must always have an advocate, either appointed personally
or allocated by the judge.
§3 In a contentious
trial which concerns minors or the public good, the judge is ex officio to
appoint a legal representative for a party who lacks one; matrimonial cases
are excepted.
Can. 1482
§1 A person can
appoint only one procurator; the latter cannot appoint a substitute, unless
this faculty has been expressly conceded.
§2 If, however,
several procurators have for a just reason been appointed by the same person,
these are to be so designated that there is the right of prior claim among
them.
§3 Several
advocates can, however, be appointed together.
Can. 1483
The procurator
and advocate must have attained their majority and be of good repute. The
advocate is also to be a catholic unless the diocesan Bishop permits
otherwise, a doctor in canon law or otherwise well qualified, and approved by
the same Bishop.
Can. 1484
§1 Prior to
undertaking their office, the procurator and the advocate must deposit an
authentic mandate with the tribunal.
§2 To prevent the extinction of a right, however, the judge can admit a procurator even though
a mandate has not been presented; in an appropriate case, a suitable
guarantee is to be given. However, the act lacks all force if the procurator
does not present a mandate within the peremptory time-limit to be prescribed
by the judge.
Can. 1485
Without a special
mandate, a procurator cannot validly renounce a case, an instance or any
judicial act; nor can a procurator settle an action, bargain, promise to
abide by an arbitrators award, or in general do anything for which the law
requires a special mandate.
Can. 1486
§1 For the dismissal of a procurator or advocate to have effect, it must be notified to
them and, if the joinder of the issue has taken place, the judge and the other party must be notified of the dismissal.
§2 When a
definitive judgement has been given, the right and duty to appeal lie with
the procurator, unless the mandating party refuses.
Can. 1487
For a grave
reason, the procurator and the advocate can be removed from office by a
decree of the judge given either ex officio or at the request of the party.
Can. 1488
§1 Both the procurator and the advocate are forbidden to influence a suit by bribery,
seek immoderate payment, or bargain with the successful party for a share of the matter in dispute. If they do so, any such agreement is invalid and they
can be fined by the judge. Moreover, the advocate can be suspended from office and, if this is not a first offence, can be removed from the register of advocates by the Bishop in charge of the tribunal.
§2 The same
sanctions can be imposed on advocates and procurators who fraudulently
exploit the law by withdrawing cases from tribunals which are competent, so
that they may be judged more favourably by other tribunals.
Can. 1489
Advocates and procurators who betray their office because of gifts or promises, or any
other consideration, are to be suspended from the exercise of their
profession, and be fined or punished with other suitable penalties.
Can. 1490
As far as
possible, permanent advocates and procurators are to be appointed in each
tribunal and to receive a salary from the tribunal. They are to exercise
their office, especially in matrimonial cases, for parties who may wish to
choose them.
Title 5. Actions
and Exceptions
Chapter 1. Actions and Exceptions In General
Can. 1491
Every right is
reinforced not only by an action, unless otherwise expressly provided, but
also by an exception.
Can. 1492
§1 Every action
is extinguished by prescription in accordance with the law, or in any other
lawful way, with the exception of actions bearing on personal status, which
are never extinguished.
§2 Without
prejudice to the provision of can. 1462, an exception is always possible, and is of its nature perpetual.
Can. 1493
A plaintiff can
bring several exceptions simultaneously against another person, concerning
either the same matter or different matters, provided they are not in
conflict with one another, and do not go beyond the competence of the tribunal that has been approached.
Can. 1494
§1 A respondent
can institute a counter action against a plaintiff before the same judge and in the same trial, either by reason of the cases connection with the principal action, or with a view to removing or mitigating the plaintiffs
plea.
§2 A counter
action to a counter action is not admitted.
Can. 1495
The counter
action is to be proposed to the judge before whom the original action was
initiated, even though he has been delegated for one case only, or is
otherwise relatively non-competent.
Chapter 2. Actions and Exceptions In Particular
Can. 1496
§1 A person who
advances arguments, which are at least probable, to support a right to
something held by another, and to indicate an imminent danger of loss of the object unless it is handed over for safekeeping, has a right to obtain from
the judge the sequestration of the object in question.
§2 In similar
circumstances, a person can obtain a restraint on another persons exercise of a right.
Can. 1497
§1 The
sequestration of an object is also allowed for the security of a loan,
provided there is sufficient evidence of the creditors right.
§2 Sequestration
can also extend to the assets of a debtor which, on whatever title, are in
the keeping of others, as well as to the loans of the debtor.
Can. 1498
The sequestration of an object, and restraint on the exercise of a right, can in no way be
decreed if the loss which is feared can be otherwise repaired, and a suitable
guarantee is given that it will be repaired.
Can. 1499
The judge who
grants the sequestration of an object, or the restraint on the exercise of a
right, can first impose on the person to whom the grant is made an
undertaking to repay any loss if the right is not proven.
Can. 1500
In matters
concerning the nature and effect of an action for possession, the provisions of the civil law of the place where the thing to be possessed is situated,
are to be observed.
Part II. The
Contentious Trial (canons 1501 - 1670)
-A. The Ordinary Contentious Trial
(canons 1501 - 1655)
Title 1. The
Introduction of the Case
Chapter 1. The Petition Introducing the Suit
Can. 1501
A judge cannot
investigate any case unless a plea, drawn up in accordance with canon law, is
submitted either by a person whose interest is involved, or by the promotor of justice.
Can. 1502
A person who
wishes to sue another must present a petition to a judge who is lawfully
competent. In this petition the matter in dispute is to be set out and the intervention of the judge requested.
Can. 1503
§1 A judge can
admit an oral plea whenever the plaintiff is impeded from presenting a
petition or when the case can be easily investigated and is of minor
significance.
§2 In both cases,
however, the judge is to direct a notary to record the matter in writing.
This written record is to be read to, and approved by, the plaintiff, and it
takes the place of a petition written by the plaintiff as far as all effects of law are concerned.
Can. 1504
The petition by
which a suit is introduced must:
1. state the judge before whom the case is being introduced, what is being
sought and from whom it is being sought;
2. indicate on what right the plaintiff bases the case and, at least in
general terms, the facts and evidence to be submitted in support of the allegations made;
3. be signed by the plaintiff or the plaintiffs procurator, and bear the day,
the month and the year, as well as the address at which the plaintiff or the procurator resides, or at which they say they reside for the purpose of receiving the acts;
4. indicate the domicile or quasi-domicile of the respondent.
Can. 1505
§1 Once he has
satisfied himself that the matter is within his competence and the plaintiff
has the right to stand before the court, the sole judge, or the presiding
judge of a collegiate tribunal, must as soon as possible by his decree either
admit or reject the petition.
§2 A petition can
be rejected only if:
1. The judge or the tribunal is not legally competent;
2. it is established beyond doubt that the plaintiff lacks the right to stand before the court;
3. The provisions of can. 1504 nn. 1-3 have not been observed
4. it is certainly clear from the petition that the plea lacks any
foundation, and that there is no possibility that a foundation will emerge
from a process.
§3 If a petition
has been rejected by reason of defects which can be corrected, the plaintiff
can draw up a new petition correctly and present it again to the same judge.
§4 A party is
always entitled, within ten canonical days, to have recourse, based on stated
reasons, against the rejection of a petition. This recourse is to be made
either to the tribunal of appeal or, if the petition was rejected by the presiding judge, to the collegiate tribunal. A question of rejection is to be
determined with maximum expedition.
Can. 1506
If within a month of the presentation of a petition, the judge has not issued a decree
admitting or rejecting it in accordance with can. 1505, the interested party
can insist that the judge perform his duty. If, notwithstanding this, the judge does not respond within ten days of the partys request, the petition is
to be taken as having been admitted.
Chapter 2. The Summons and the Intimation of Judicial
Acts
Can. 1507
§1 In the decree
by which a plaintiffs petition is admitted, the judge or the presiding judge
must call or summon the other parties to court to effect the joinder of the issue; he must prescribe whether, in order to agree the point at issue, they
are to reply in writing or to appear before him. If, from their written
replies, he perceives the need to convene the parties, he can determine this
by a new decree.
§2 If a petition
is deemed admitted in accordance with the provisions of can.
1506, the decree of summons to the trial must be issued within twenty days of the request of which that canon speaks.
§3 If the litigants in fact present themselves before the judge to pursue the case,
there is no need for a summons; the notary, however, is to record in the acts
that the parties were present at the trial.
Can. 1508
§1 The decree of summons to the trial must be notified at once to the respondent, and at the same time to any others who are obliged to appear.
§2 The petition
introducing the suit is to be attached to the summons, unless for grave
reasons the judge considers that the petition is not to be communicated to
the other party before he or she gives evidence.
§3 If a suit is
brought against a person who does not have the free exercise of personal
rights, or the free administration of the matters in dispute, the summons is
to be notified to, as the case may be, the guardian, the curator, the special
procurator, or the one who according to law is obliged to undertake legal
proceedings in the name of such a person.
Can. 1509
§1 With due
regard to the norms laid down by particular law, the notification of summonses, decrees, judgements and other judicial acts is to be done by means of the public postal service, or by some other particularly secure means.
§2 The fact and the manner of notification must be shown in the acts.
Can. 1510
A respondent who
refuses to accept a document of summons, or who circumvents the delivery of a
summons, is to be regarded as lawfully summoned.
Can. 1511
Without prejudice
to the provision of can. 1507 §3, if a summons has not been lawfully
communicated, the acts of the process are null.
Can. 1512
Once a summons
has been lawfully communicated, or the parties have presented themselves
before a judge to pursue the case:
1. The matter ceases to be a neutral one;
2. The case becomes that of the judge or of the tribunal, in other respects
lawfully competent, before whom the action was brought;
3. The jurisdiction of a delegated judge is established in such a way that it
does not lapse on the expiry of the authority of the person who delegated;
4. prescription is interrupted, unless otherwise provided;
5. The suit begins to be a pending one, and therefore the principle
immediately applies while a suit is pending, no new element is to be
introduced.
Title 2. The
Joinder of the Issue
Can. 1513
§1 The joinder of the issue occurs when the terms of the controversy, as derived from the pleas
and the replies of the parties, are determined by a decree of the judge.
§2 The pleas and the replies of the parties may be expressed not only in the petition
introducing the suit, but also either in the response to the summons, or in
statements made orally before the judge. In more difficult cases, however,
the parties are to be convened by the judge, so as to agree the question or
questions to which the judgement must respond.
§3 The decree of the judge is to be notified to the parties. Unless they have already agreed
on the terms, they may within ten days have recourse to the same judge to
request that the decree be altered. This question, however, is to be decided
with maximum expedition by a decree of the judge.
Can. 1514
Once determined,
the terms of the controversy cannot validly be altered except by a new
decree, issued for a grave reason, at the request of the party, and after the other parties have been consulted and their observations considered.
Can. 1515
Once the joinder of the issue has occurred, the possessor of anothers property ceases to be in
good faith. If, therefore, the judgement is that he or she return the property, the possessor must return also any profits accruing from the date of the joinder, and must compensate for damages.
Can. 1516
Once the joinder of the issue has occurred, the judge is to prescribe an appropriate time
within which the parties are to present and to complete the evidence.
Title 3. The
Trial of the Issue
Can. 1517
The trial of the issue is initiated by the summons. It is concluded not only by the pronouncement of the definitive judgement, but also by other means determined
by law.
Can. 1518
If a litigant
dies, or undergoes a change in status, or ceases from the office in virtue of which he or she was acting:
1. if the case has not yet been concluded, the trial is suspended until the heir of the deceased, or the successor, or a person whose interest is
involved, resumes the suit
2. if the case has been concluded, the judge must proceed to theremaining
steps of the case, having first summoned the procurator, if there is one, or
else the heir or the successor of the deceased.
Can. 1519
§1 If the guardian or the curator or the procurator required in accordance with can.
1481 ?§1 and 3, ceases from office, the trial is suspended for the time
being.
§2 However, the judge is to appoint another guardian or curator as soon as possible. He can
appoint a procurator ad litem if the party has neglected to do so within the brief time prescribed by the judge himself.
Can. 1520
If over a period of six months, no procedural act is performed by the parties, and they have
not been impeded from doing so, the trial is abated.
Particular law
may prescribe other time limits for abatement.
Can. 1521
Abatement takes
effect by virtue of the law itself, and it is effective against everyone,
even minors and those equivalent to minors; moreover, it must be declared
even ex officio. This, however, is without prejudice to the right to claim
compensation against those guardians, curators, administrators and procurators who have not proved that they were without fault.
Can. 1522
Abatement
extinguishes the acts of the process, but not the acts of the case. The acts of the case may indeed be employed in another instance, provided the case is
between the same persons and about the same matter. As far as those outside
the case are concerned, however these acts have no standing other than as
documents.
Can. 1523
When a trial has
been abated, the litigants are to bear the expenses which each has incurred.
Can. 1524
§1 The plaintiff
may renounce a trial at any stage or at any grade.
Likewise, both
the plaintiff and the respondent may renounce the acts of the process either
in whole or only in part.
§2 To renounce
the trial of an issue, guardians and administrators of juridical persons must
have the advice or the consent of those whose agreement is required to
conduct negotiations which exceed the limits of ordinary administration.
§3 To be valid, a
renunciation must be in writing, and must be signed either by the party, or
by a procurator who has been given a special mandate for this purpose; it
must be communicated to the other party, who must accept or at least not
oppose it; and it must be admitted by the judge.
Can. 1525
Once a
renunciation has been admitted by the judge, it has the same effects for the acts which have been renounced as has an abatement of the trial.
Likewise, it
obliges the person renouncing to pay the expenses of those acts which have
been renounced.
Title 4. Proofs
Can. 1526
§1 The onus of proof rests on the person who makes an allegation.
§2 The following
matters do not require proof:
1. matters which are presumed by the law itself;
2. facts alleged by one of the litigants and admitted by the other, unless
their proof is nevertheless required either by law or by the judge.
Can. 1527
§1 Any type of proof which seems useful for the investigation of the case and is lawful, may
be admitted.
§2 If a party
submits that proof, which has been rejected by the judge, should be admitted,
the judge is to determine the matter with maximum expedition.
Can. 1528
If a party or a
witness refuses to testify before the judge, that person may lawfully be
heard by another, even a lay person, appointed by the judge, or asked to make
a declaration either before a public notary or in any other lawful manner.
Can. 1529
Unless there is a
grave reason, the judge is not to proceed to collect the proofs before the joinder of the issue.
Chapter 1. The Declarations of the Parties
Can. 1530
The judge may
always question the parties the more closely to elicit the truth. He must do
so if requested by one of the parties, or in order to prove a fact which the public interest requires to be placed beyond doubt.
Can. 1531
§1 A party who is
lawfully questioned is obliged to respond and to tell the whole truth.
§2 If a party has
refused to reply, it is for the judge to evaluate what, as far as the proof of the facts is concerned, can be deduced therefrom.
Can. 1532
Unless a grave
reason suggests otherwise, in cases in which the public good is at stake the judge is to administer to the parties an oath that they will tell the truth,
or at least that what they have said is the truth. In other cases, it is left
to the prudent discretion of the judge to determine whether an oath is to be
administered.
Can. 1533
The parties, the promoter of justice and the defender of the bond may submit to the judge
propositions on which a party is to be questioned.
Can. 1534
The provisions of cann. 15482, n. 1, 1552 and 1558-1565 concerning witnesses are to be
observed, with the appropriate qualifications, in the questioning of the parties.
Can. 1535
A judicial
confession is an assertion of fact against oneself, concerning a matter
relevant to the trial, which is made by a party before a judge who is legally
competent; this is so whether the assertion is made in writing or orally,
whether spontaneously or in response to the judges questioning.
Can. 1536
§1 In a private
matter and where the public good is not at stake, a judicial confession of one party relieves the other parties of the onus of proof.
§2 In cases which
concern the public good, however, a judicial confession, and declarations by
the parties which are not confessions, can have a probative value that is to
be weighed by the judge in association with the other circumstances of the case, but the force of full proof cannot be attributed to them unless there
are other elements which wholly corroborate them.
Can. 1537
It is for the judge, having considered all the circumstances, to evaluate the weight to be
given to an extra-judicial confession which is introduced into the trial.
Can. 1538
A confession, or
any other declaration of a party, is devoid of all force if clearly shown to
be based on an error of fact or to have been extracted by force or grave
fear.
Chapter 2. Documentary Proof
Can. 1539
In every type of trial documentary proof is admitted, whether the documents be public or
private.
Art. 1. The
Nature and Reliability of Documents
Can. 1540
§1 Public
ecclesiastical documents are those which an official person draws up in the exercise of his or her function in the Church and in which the formalities
required by law have been observed.
§2 Public civil
documents are those which are legally regarded as such in accordance with the laws of each place.
§3 All other
documents are private.
Can. 1541
Unless it is
otherwise established by contrary and clear arguments, public documents
constitute acceptable evidence of those matters which are directly and principally affirmed in them.
Can. 1542
A private
document, whether acknowledged by a party or admitted by a judge, has the same probative force as an extra-judicial confession, against its author or
the person who has signed it and against persons whose case rests on that of the author or signatory. Against others it has the same force as have
declarations by the parties which are not confessions, in accordance with
can.
1536 §2.
Can. 1543
If documents are
shown to have been erased, amended, falsified or otherwise tampered with, it
is for the judge to evaluate to what extent, if any, they are to be given
credence.
Art. 2. The
Production of Documents
Can. 1544
Documents do not
have probative force at a trial unless they are submitted in original form or
in authentic copy and are lodged in the office of the tribunal, so that they
may be inspected by the judge and by the opposing party.
Can. 1545
The judge can
direct that a document common to each of the parties is to be submitted in
the process.
Can. 1546
§1 No one is
obliged to exhibit documents, even if they are common, which cannot be
communicated without danger of the harm mentioned in can. 1548
§2, n. 2, or
without the danger of violating a secret which is to be observed.
§2 If, however,
at least an extract from a document can be transcribed and submitted in copy
without the disadvantages mentioned, the judge can direct that it be produced
in that form.
Chapter 3. Witnesses and Testimony
Can. 1547
Proof by means of witnesses is admitted in all cases, under the direction of the judge.
Can. 1548
§1 Witnesses must
tell the truth to a judge who lawfully questions them.
§2 Without
prejudice to the provisions of can. 1550 §2, n. 2 the following are exempted
from the obligation of replying to questions:
1. clerics, in those matters revealed to them by reason of their sacred
ministry; civil officials, doctors, midwives, advocates, notaries and others
who are bound by the secret of their office, even on the ground of having offered advice, in respect of matters subject to this secret;
2. those who fear that, as a result of giving evidence, a loss of reputation,
dangerous harassment or some other grave evil will arise for themselves,
their spouses, or those related to them by consanguinity or affinity.
Art. 1. Those
who can be Witnesses
Can. 1549
Everyone can be a
witness, unless expressly excluded, whether wholly or in part, by the law.
Can. 1550
§1 Minors under
the age of fourteen years and those who are of feeble mind are not admitted
to give evidence. They can, however, be heard if the judge declares by a
decree that it would be appropriate to do so.
§2 The following
are deemed incapable of being witnesses:
1. The parties in the case or those who appear at the trial in the name of the parties; the judge and his assistant; the advocate and those others who
in the same case assist or have assisted the parties;
2. priests, in respect of everything which has become known to them in
sacramental confession, even if the penitent has asked that these things be
made known. Moreover, anything that may in any way have been heard by anyone
on the occasion of confession, cannot be accepted even as an indication of the truth.
Art. 2. The
Introduction and the Exclusion of Witnesses
Can. 1551
A party who has
introduced a witness may forego the examination of that witness, but the opposing party may ask that the witness nevertheless be examined.
Can. 1552
§1 When proof by
means of witnesses is sought, the names and addresses of the witnesses are to
be communicated to the tribunal.
§2 The
propositions on which the interrogation of the witnesses is requested, are to
be submitted within the time-limit determined by the judge; otherwise, the request is to be deemed abandoned.
Can. 1553
It is for the judge to curb an excessive number of witnesses.
Can. 1554
Before witnesses
are examined, their names are to be communicated to the parties. If, in the prudent opinion of the judge, this cannot be done without great difficulty,
it is to be done at least before the publication of the evidence.
Can. 1555
Without prejudice
to the provisions of can. 1550, a party may request that a witness be
excluded, provided a just reason for exclusion is established before the witness is examined.
Can. 1556
The summons of a
witness is effected by a decree of the judge lawfully notified to the witness.
Can. 1557
A properly
summoned witness is to appear, or to make known to the judge the reason for
being absent.
Art. 3. The
Examination of Witnesses
Can. 1558
§1 Witnesses are
to be examined at the office of the tribunal unless the judge deems
otherwise.
§2 Cardinals,
Patriarchs, Bishops, and those who in their own civil law enjoy a similar
favour, are to be heard at the place selected by themselves.
§3 Without
prejudice to the provisions of can. 1418 and 1469 §2, the judge is to decide
where witnesses are to be heard for whom, by reason of distance, illness or
other impediment, it is impossible or difficult to come to the office of the tribunal.
Can. 1559
The parties
cannot be present at the examination of the witnesses unless, especially when
there is question of a private interest, the judge has determined that they
are to be admitted. Their advocates or procurators, however, may attend,
unless by reason of the circumstances of matter and persons, the judge has
determined that the proceedings are to be in secret.
Can. 1560
§1 The witnesses
are to be examined individually and separately.
§2 If in a grave
matter the witnesses disagree either among themselves or with one of the parties, the judge may arrange for those who differ to meet or to confront
one another, but must, in so far as possible, eliminate discord and scandal.
Can. 1561
The examination of a witness is conducted by the judge, or by his delegate or an auditor, who
is to be attended by a notary. Accordingly, unless particular law provides
otherwise, if the parties or the promoter of justice or the defender of the bond
or the advocates who are present at the hearing have additional questions to
put to the witness, they are to propose these not to the witness, but to the judge, or to the one who is taking the judges place, so that he or she may
put them.
Can. 1562
§1 The judge is
to remind the witness of the grave obligation to tell the whole truth and nothing but the truth.
§2 The judge is
to administer an oath to the witness in accordance with can.
1532. If, however, a witness refuses to take an oath, he or she is to be
heard unsworn.
Can. 1563
The judge is
first of all to establish the identity of the witness.
The relationship
which the witness has with the parties is to be probed, and when specific
questions concerning the case are asked of the witness enquiry is to be made
into the sources of his or her knowledge and the precise time the witness
came to know the matters which are asserted.
Can. 1564
The questions are
to be brief, and appropriate to the understanding of the person being
examined. They are not to encompass a number of matters at the same time, nor
be captious or deceptive. They are not to be leading questions, nor give any
form of offence. They are to be relevant to the case in question.
Can. 1565
§1 The questions
are not to be made known in advance to the witnesses.
§2 If, however,
the matters about which evidence is to be given are so remote in memory that
they cannot be affirmed with certainty unless they are recalled beforehand,
the judge may, if he thinks this can safely be done, advise the witness in
advance about certain aspects of the matter.
Can. 1566
The witnesses are
to give evidence orally. They are not to read from a script, except where
there is a question of calculations or accounts; in this case, they may
consult notes which they have brought with them.
Can. 1567
§1 The replies
are to be written down at once by the notary. The record must show the very
words of the evidence given, at least in what concerns those things which
bear directly on the matter of the trial.
§2 The use of a
tape-recorder is allowed, provided the replies are subsequently committed to
writing and, if possible, signed by the deponents.
Can. 1568
The notary is to
mention in the acts whether the oath was taken or excused or refused; who
were present, parties and others; the questions added ex officio; and in
general, everything worthy of record which may have occurred while the witnesses were being examined.
Can. 1569
§1 At the conclusion of the examination, the record of the evidence, either as written
down by the notary or as played back from the tape-recording, must be
communicated to the witness, who is to be given the opportunity of adding to,
omitting from, correcting or varying it.
§2 Finally, the witness, the judge and the notary must sign the record.
Can. 1570
Before the acts
or the testimony are published, witnesses, even though already examined, may
be called for re-examination, either at the request of a party or ex officio.
This may be done if the judge considers it either necessary or useful,
provided there is no danger whatever of collusion or of inducement.
Can. 1571
Witnesses must be
refunded both the expenses they incurred and the losses they sustained by
reason of their giving evidence, in accordance with the equitable assessment of the judge.
Art. 4. The
Credibility of Evidence
Can. 1572
In weighing
evidence the judge may, if it is necessary, seek testimonial letters, and is
to take into account:
1. The condition and uprightness of the witness
2. whether the knowledge was acquired at first hand, particularly ifit was
something seen or heard personally, or whether it was opinion, rumour or
hearsay;
3. whether the witness is constant and consistent, or varies, is uncertain or
vacillating;
4. whether there is corroboration of the testimony, and whether it is confirmed
or not by other items of evidence.
Can. 1573
The deposition of one witness cannot amount to full proof, unless the witness is a qualified
one who gives evidence on matters carried out in an official capacity, or
unless the circumstances of persons and things persuade otherwise.
Chapter 4. Experts
Can. 1574
The services of experts are to be used whenever, by a provision of the law or of the judge,
their study and opinion, based on their art or science, are required to
establish some fact or to ascertain the true nature of some matter.
Can. 1575
It is for the judge, after hearing the opinions or suggestions of the parties, to appoint
the experts or, if such is the case, to accept reports already made by other
experts.
Can. 1576
Experts can be
excluded or objected to for the same reasons as witnesses.
Can. 1577
§1 The judge in
his decree must define the specific terms of reference to be considered in
the experts task, taking into account whatever may have been gathered from
the litigants.
§2 The expert is
to be given the acts of the case, and any documents and other material needed
for the proper and faithful discharge of his or her duty.
§3 The judge,
after discussion with the expert, is to determine a time for the completion of the examination and the submission of the report.
Can. 1578
§1 Each expert is
to complete a report distinct from that of the others, unless the judge
orders that one report be drawn up and signed by all of them. In this case,
differences of opinion, if there are such, are to be faithfully noted.
§2 Experts must
clearly indicate the documents or other appropriate means by which they have
verified the identity of persons, places or things. They are also to state
the manner and method followed in fulfilling the task assigned to them, and the principal arguments on which their conclusions are based.
§3 If necessary,
the expert may be summoned by the judge to supply further explanations.
Can. 1579
§1 The judge is
to weigh carefully not only the experts conclusions, even when they agree,
but also all the other circumstances of the case.
§2 When he is
giving the reasons for his decision, the judge must state on what grounds he
accepts or rejects the conclusions of the experts.
Can. 1580
Experts are to be
paid their expenses and honorariums. These are to be determined by the judge
in a proper and equitable manner, with due observance of particular law.
Can. 1581
§1 Parties can
designate their own experts, to be approved by the judge.
§2 If the judge
admits them, these experts can inspect the acts of the case, in so far as
required for the discharge of their duty, and can be present when the appointed experts fulfil their role. They can always submit their reports.
Chapter 5. Judicial Access and Inspection
Can. 1582
If, in order to
decide the case, the judge considers it opportune to visit some place, or
inspect some thing, he is to set this out in a decree.
After he has
heard the parties, the decree is to give a brief description of what is to be
made available for this access.
Can. 1583
After the inspection has been carried out, a document concerning it is to be drawn up.
Chapter 6. Presumptions
Can. 1584
A presumption is
a probable conjecture about something which is uncertain. Presumptions of law
are those stated in the law; human presumptions are those made by a judge.
Can. 1585
A person with a
presumption of law in his or her favour is freed from the onus of proof,
which then falls on the other party.
Can. 1586
The judge is not
to make presumptions which are not stated in the law, other than on the basis of a certain and determinate fact directly connected to the matter in
dispute.
Title 5.
Incidental Matters
Can. 1587
An incidental
matter arises when, after the case has begun by the summons, a question is
proposed which, even though not expressly raised in the petition which
introduced the case, is yet so relevant to the case that it needs to be
settled before the principal question.
Can. 1588
An incidental
matter is proposed before the judge who is competent to decide the principal
case. It is raised in writing or orally, indicating the connection between it
and the principal case.
Can. 1589
§1 When the judge
has received the petition and heard the parties, he is to decide with maximum
expedition whether the proposed incidental matter has a foundation in, and a
connection with, the principal matter, or whether it is to be rejected from
the outset. If he admits it he must decide whether it is of such gravity that
it needs to be determined by an interlocutory judgement or by a decree.
§2 If, however,
he concludes that the incidental matter is not to be decided before the definitive judgement, he is to determine that account be taken of it when the principal matter is decided.
Can. 1590
§1 If the incidental matter is to be decided by judgement, the norms for a contentious
oral process are to be observed unless, because of the gravity of the issue,
the judge deems otherwise.
§2 If it is to be
decided by decree, the tribunal can entrust the matter to an auditor or to
the presiding judge.
Can. 1591
Before the principal matter is concluded, the judge or the tribunal may for a just
reason revoke or alter an interlocutory judgement or decree. This can be done
either at the request of a party or ex officio by the judge after he has
heard the parties.
Chapter 1. The Non-Appearance of Parties
Can. 1592
§1 If a
respondent is summoned but does not appear, and either does not offer an
adequate excuse for absence or has not replied in accordance with can. 1507
§1, the judge is to declare the person absent from the process, and decree
that the case is to proceed to the definitive judgement and to its execution,
with due observance of the proper norms.
§2 Before issuing
the decree mentioned in §1, the judge must make sure, if necessary by means of another summons, that a lawful summons did reach the respondent within the canonical time.
Can. 1593
§1 If the respondent thereafter appears before the judge, or replies before the trial
is concluded, he or she can bring forward conclusions and proofs, without
prejudice to the provisions of can. 1600; the judge is to take care, however,
that the process is not deliberately prolonged by lengyour and unnecessary
delays.
§2 Even if the respondent has neither appeared nor given a reply before the case is decided,
he or she can challenge the judgement; if the person can show that there was
a just reason for being absent, and that there was no fault involved in not
intimating this earlier, a plaint of nullity can be lodged.
Can. 1594
If the plaintiff
does not appear on the day and at the hour arranged for the joinder of the issue, and does not offer a suitable excuse:
1. The judge is to summon the plaintiff again;
2. if the plaintiff does not obey the new summons, it is presumed that the case has been abandoned in accordance with cann. 1524-1525;
3. if the plaintiff should want to intervene at a subsequent stage in the process, the provisions of can. 1593 are to be observed.
Can. 1595
§1 A party,
whether plaintiff or respondent, who is absent from the trial, and who does
not establish the existence of a just impediment, is bound to pay the expenses which have been incurred in the case because of this absence, and also, if need be, to indemnify the other party.
§2 If both the plaintiff and the respondent were absent from the trial, they are jointly
bound to pay the expenses of the case.
Chapter 2. The Intervention of A Third Party In A Case
Can. 1596
§1 Any person
with a legitimate interest can be allowed to intervene in a case in any
instance of the suit, either as a party defending his or her own right or, in
an accessory role, to help one of the litigants.
§2 To be
admitted, however, the person must, before the conclusion of the case,
produce to the judge a petition which briefly establishes the right to
intervene.
§3 A person who intervenes
in a case is to be admitted at that stage which the case has reached. If the case has reached the evidence stage, a brief and peremptory time-limit is to
be assigned within which to bring forward evidence.
Can. 1597
A third party
whose intervention is seen to be necessary must be called into the case by
the judge, after he has consulted the parties.
Title 6. The
Publication of the Acts, the Conclusion of the Case and the Pleadings
Can. 1598
§1 When the evidence has been assembled, the judge must, under pain of nullity, by a
decree permit the parties and their advocates to inspect at the tribunal office those acts which are not yet known to them. Indeed, if the advocates
so request, a copy of the acts can be given to them. In cases which concern the public good, however, the judge can decide that, in order to avoid very
serious dangers, some part or parts of the acts are not to be shown to
anyone; he must take care, however, that the right of defence always remains
intact.
§2 To complete
the evidence, the parties can propose other items of proof to the judge. When
these have been assembled the judge can, if he deems it appropriate, again
issue a decree as in §1.
Can. 1599
§1 When
everything concerned with the production of evidence has been completed, the conclusion of the case is reached.
§2 This
conclusion occurs when the parties declare that they have nothing further to
add, or when the canonical time allotted by the judge for the production of evidence has elapsed, or when the judge declares that he considers the case
to be sufficiently instructed.
§3 by whichever
way the case has come to its conclusion, the judge is to issue a decree
declaring that it is concluded.
Can. 1600
Only in the following situations can the judge, after the conclusion of the case, still
recall earlier witnesses or call new ones, or make provision for other
evidence not previously requested:
1. in cases in which only the private good of the parties is involved if all
the parties agree;
2. in other cases, provided that the parties have been consulted, that a
grave reason exists, and that all danger of fraud or subornation is removed;
3. in all cases, whenever it is probable that, unless new evidence is
admitted, the judgement will be unjust for any of the reasons mentioned in can.
1645 §2, nn. 1-3.
§2 The judge can,
however, command or permit the presentation of a document which, even without
fault of the interested party, could not be presented earlier.
§3 New evidence
is to be published according to can. 1598 §1.
Can. 1601
When the case has
been concluded, the judge is to determine a suitable period of time for the presentation of pleadings and observations.
Can. 1602
§1 Pleadings and observations are to be in writing unless the judge, with the consent of the parties, considers it sufficient to have a discussion before the tribunal in
session.
§2 If the pleadings and the principal documents are to be printed, the prior permission of the judge is required, and the obligation of secrecy, where it exists, is
still to be observed.
§3 The directions of the tribunal are to be observed in questions concerning the length of the pleadings, the number of copies and other similar matters.
Can. 1603
§1 When the pleadings and observations have been exchanged, each party can make reply
within a brief period of time determined by the judge.
§2 This right is
given to the parties once only, unless for a grave reason the judge considers
that the right to a second reply is to be given; if this right is given to
one party, it is to be considered as given to the other as well.
§3 The promotor of justice and the defender of the bond have the right to respond to every
reply of the parties.
Can. 1604
§1 It is
absolutely forbidden that any information given to the judge by the parties
or the advocates, or by any other persons, be excluded from the acts of the case.
§2 If the pleadings in the case are made in writing, the judge may, in order to clarify
any outstanding issues, order that a moderate oral discussion be held before
the tribunal in session.
Can. 1605
The notary is to
be present at the oral discussion mentioned in cann.
1602 §1 and 1604 §2, so that, if the judge so orders, or the parties so
request and the judge consents, the notary can immediately make a written
report of what has been discussed and concluded.
Can. 1606
If the parties
neglect to prepare their pleadings within the time allotted to them, or if
they entrust themselves to the knowledge and conscience of the judge, and if
at the same time the judge perceives the matter quite clearly from the acts
and the proofs, he can pronounce judgement at once. He must, however, seek
the observations of the promoter of justice and the defender of the bond if
they were engaged in the trial.
Title 7. The
Pronouncements of the Judge
Can. 1607
A principal case
which has been dealt with in judicial fashion is decided by the judge by a
definitive judgement. An incidental matter is decided by an interlocutory
judgement, without prejudice to can. 1589
Can. 1608
§1 To give any
judgement, the judge must have in his mind moral certainty about the matter
to be decided in the judgement.
§2 The judge must
derive this certainty from the acts of the case and from the proofs.
§3 The judge must
conscientiously weigh the evidence, with due regard for the provisions of law
about the efficacy of certain evidence.
§4 A judge who
cannot arrive at such certainty is to pronounce that the right of the plaintiff is not established and is to find for the respondent except in a
case which enjoys the favour of law, when he is to pronounce in its favour.
Can. 1609
§1 The presiding
judge of a collegiate tribunal decides the day and time when it is to meet
for discussion. Unless a special reason requires otherwise, the meeting is to
be at the tribunal office.
§2 On the day
appointed for the meeting, the individual judges are to bring their written
conclusions on the merits of the case, with the reasons in law and in fact
for reaching their conclusions. These conclusions are to be added to the acts of the case and to be kept in secrecy.
§3 Having invoked
the divine Name, they are to offer their conclusions in order, beginning
always with the ponens or relator in the case, and then in
order of precedence. Under the chairmanship of the presiding judge, they are
to hold their discussion principally with a view to establishing what is to
be stated in the dispositive part of the judgement.
§4 In the discussion, each one is permitted to depart from an original conclusion. A
judge who does not wish to accede to the decision of the others can demand that, if there is an appeal, his or her conclusions be forwarded to the higher tribunal.
§5 If the judges
do not wish, or are unable, to reach a decision in the first discussion, they
can defer their decision to another meeting, but not beyond one week, unless
the instruction of the case has to be completed in accordance with can. 1600.
Can. 1610
§1 If there is a
sole judge, he will draw up the judgement.
§2 In a
collegiate tribunal, the ponens or relator is to draw up the judgement, using as reasons those tendered by the individual judges in their
discussion, unless the reasons to be preferred have been defined by a
majority of the judges. The judgement must then be submitted to the individual judges for their approval.
§3 The judgement
is to be issued not later than one month from the day on which the case was
decided, unless in a collegiate tribunal the judges have for grave reasons
stipulated a longer time.
Can. 1611
The judgement
must:
1. define the controversy raised before the tribunal, giving appropriate
answers to the individual questions;
2. determine the obligations of the parties arising from the trial and the manner in which these are to be fulfilled
3. set out the reasons or motives, both in law and in fact, on which the dispositive part of the judgement is based;
4. apportion the expenses of the suit.
Can. 1612
§1 The judgement,
after the invocation of the divine Name must state in order the judge or
tribunal, and the plaintiff, respondent and procurator, with names and domiciles duly indicated. It is also to name the promoter of justice and the defender of the bond if they were engaged in the trial.
§2 It must then
briefly set out the alleged facts, with the conclusions of the parties and the formulation of the doubt.
§3 Then follows
the dispositive part of the judgement, prefaced by the reasons which support
it.
§4 It ends with
the date and the place in which it was given, and with the signature of the judge or, in the case of a collegiate tribunal, of all the judges, and of the notary.
Can. 1613
The rules set out
above for a definitive judgement are to be adapted also to interlocutory
judgements.
Can. 1614
A judgement is to
be published as soon as possible, with an indication of the ways in which it
can be challenged. Before publication it has no effect, even if the dispositive part may, with the permission of the judge, have been notified to
the parties.
Can. 1615
The publication
or notification of the judgement can be effected by giving a copy of the judgement to the parties or to their procurators, or by sending them a copy of it in accordance with can. 1509.
Can. 1616
§1 A judgement
must be corrected or completed by the tribunal which gave it if, in the text of a judgement, there is an error in calculations, or a material error in the transcription of either the dispositive part or the presentation of the facts
or the pleadings of the parties, or if any of the items required by can.
1612, §4 are omitted. This is to be done either at the request of the parties
or ex officio, but always after having consulted the parties and by a decree
appended to the foot of the judgement.
§2 If one party
is opposed, an incidental question is to be decided by a decree.
Can. 1617
Other
pronouncements of a judge apart from the judgement, are decrees.
If they are more
than mere directions about procedure, they have no effect unless they give at
least a summary of their reasons or refer to motives expressed in another
act.
Can. 1618
An interlocutory
judgement or a decree has the force of a definitive judgement if, in respect of at least one of the parties, it prevents the trial, or brings to an end
the trial itself or any instance of it.
Title 8.
Challenging the Judgement
Chapter 1. The Plaint of Nullity of the Judgement
Can. 1619
Without prejudice
to cann. 1622 and 1623, whenever a case concerns the good of private
individuals, acts which are null with a nullity established by positive law
are validated by the judgement itself, if the nullity was known to the party
making the plaint and was not raised with the judge before the judgement.
Can. 1620
A judgement is
null with a nullity which cannot be remedied,
1. it was given by a judge who was absolutely non-competent;
2. it was given by a person who has no power to judge in the tribunal in
which the case was decided;
3. The judge was compelled by force or grave fear to deliver judgement;
4. The trial took place without the judicial plea mentioned in can. 1501, or
was not brought against some party as respondent;
5. it was given between parties of whom at least one has no right to stand before the court;
6. someone acted in anothers name without a lawful mandate;
7. The right of defence was denied to one or other party;
8. The controversy has not been even partially decided.
Can. 1621
In respect of the nullity mentioned in can. 1620, a plaint of nullity can be made in perpetuity
by means of an exception, or within ten years of the date of publication of the judgement by means of an action before the judge who delivered the judgement.
Can. 1622
A judgement is
null with a nullity which is simply remediable, if:
1. contrary to the requirements of can. 1425, §1, it was not given by the lawful number of judges;
2. it does not contain the motives or reasons for the decision;
3. it lacks the signatures prescribed by the law;
4. it does not contain an indication of the year, month, day and place it was
given;
5. it is founded on a judicial act which is null and whose nullity has not
been remedied in accordance with can. 1619;
6. it was given against a party who, in accordance with can. 1593, §2, was
lawfully absent.
Can. 1623
In the cases
mentioned in can. 1622, a plaint of nullity can be proposed within three
months of notification of the publication of the judgement.
Can. 1624
The judge who
gave the judgement is to consider the plaint of its nullity. If the party
fears that the judge who gave the judgement is biased, and consequently
considers him suspect, he or she can demand that another judge take his place
in accordance with can. 1450.
Can. 1625
Within the time
limit established for appeal, a plaint of nullity can be proposed together
with the appeal.
Can. 1626
§1 A plaint of nullity can be made not only by parties who regard themselves as injured, but
also by the promoter of justice and the defender of the bond, whenever they
have a right to intervene.
§2 Within the time-limit established in can. 1623, the judge himself can retract or correct
an invalid judgement he has given, unless in the meantime an appeal joined to
a plaint of nullity has been lodged, or the nullity has been remedied by the expiry of the time-limit mentioned in can. 1623.
Can. 1627
Cases concerning
a plaint of nullity can be dealt with in accordance with the norms for an
oral contentious process.
Chapter 2. The Appeal
Can. 1628
Without prejudice
to the provisions of can. 1629, a party who considers him or herself to be
injured by a judgement has a right to appeal from the judgement to a higher
judge; in cases in which their presence is required, the promoter of justice
and the defender of the bond have likewise the right to appeal.
Can. 1629
No appeal is
possible against:
1. a judgement of the Supreme Pontiff himself, or a judgement of the Apostolic Signatura;
2. a judgement which is null, unless the appeal is lodged together with a
plaint of nullity, in accordance with can. 1625;
3. a judgement which has become an adjudged matter
4. a decree of the judge or an interlocutory judgement, which doesnot have
the force of a definitive judgement, unless the appeal is lodged together
with an appeal against the definitive judgement;
5. a judgement or a decree in a case in which the law requires that the matter be settled with maximum expedition.
Can. 1630
§1 The appeal
must be lodged with the judge who delivered the judgement, within a
peremptory time-limit of fifteen canonical days from notification of the publication of the judgement.
§2 If it is made
orally, the notary is to draw up the appeal in writing in the presence of the appellant.
Can. 1631
If a question
arises about the right of appeal, the appeal tribunal is to determine it with
maximum expedition, in accordance with the norms for an oral contentious
process.
Can. 1632
§1 If there is no
indication of the tribunal to which the appeal is directed, it is presumed to
be made of the tribunal mentioned in cann. 1438 and 1439.
§2 If the other
party has resorted to some other appeal tribunal, the tribunal which is of the higher grade is to determine the case, without prejudice to can.
1415.
Can. 1633
The appeal is to
be pursued before the appeal judge within one month of its being forwarded,
unless the originating judge allows the party a longer time to pursue it.
Can. 1634
§1 To pursue the appeal, it is required and is sufficient that the party request the assistance of the higher judge to amend the judgement which is challenged,
enclosing a copy of the judgement and indicating the reasons for the appeal.
§2 If the party
is unable to obtain a copy of the appealed judgement from the originating
tribunal within the canonical time-limit, this timelimit is in the meantime
suspended. The problem is to be made known to the appeal judge, who is to
oblige the originating judge by precept to fulfil his duty as soon as
possible.
§3 In the meantime, the originating judge must forward the acts to the appeal court in
accordance with can. 1474.
Can. 1635
The appeal is
considered to be abandoned if the time-limits for an appeal before either the originating judge or the appeal judge have expired without action being
taken.
Can. 1636
§1 The appellant
can renounce the appeal, with the effects mentioned in can. 1525.
§2 Unless the law
provides otherwise, an appeal made by the defender of the bond or the promoter of justice, can be renounced by the defender of the bond or the promoter of justice of the appeal tribunal.
Can. 1637
§1 An appeal made
by the plaintiff benefits the respondent, and vice versa.
§2 If there are
several respondents or plaintiffs, and the judgement is challenged by only
one of them, or is made against only one of them, the challenge is considered
to be made by all and against all whenever the thing requested is an
individual one or the obligation is a joint one.
§3 If one party
challenges a judgement in regard to one ground, the other party can appeal
incidentally on the other grounds, even if the canonical time-limit for the appeal has expired. This incidental case is to be appealed within a
peremptory time-limit of fifteen days from the day of notification of the principal appeal.
§4 Unless the contrary is clear, an appeal is presumed to be against all the grounds of the judgement.
Can. 1638
An appeal
suspends the execution of the judgement.
Can. 1639
§1 Without
prejudice to the provision of can. 1683, a new ground cannot be introduced at
the appeal grade, not even by way of the useful accumulation of grounds. So
the joinder of the issue can concern itself only with the confirmation or the reform of the first judgement, either in part or in whole.
§2 New evidence
is admitted only in accordance with can. 1600.
Can. 1640
With the appropriate adjustments, the procedure at the appeal grade is to be the same
as in first instance. Unless the evidence is to be supplemented, however,
once the issue has been joined in accordance with can. 1513 §1 and can.
1639 §1, the judges are to proceed immediately to the discussion of the case and the judgement.
Title 9.
Adjudged matter and total reinstatement
Chapter 1. Adjudged matter
Can. 1641
Without prejudice
to can. 1643, an adjudged matter occurs when:
1. There are two conforming judgements between the same parties about the same matter and on the same grounds;
2. no appeal was made against the judgement within the canonical time-limit;
3. The trial has been abated or renounced in the appeal grade;
4. a definitive judgement has been given from which, in accordance with can.
1629, there is no appeal.
Can. 1642
§1 An adjudged
matter has the force of law and cannot be challenged directly, except in
accordance with can. 1645 §1.
§2 It has the effect of law between the parties; it gives the right to an action arising
from the judgement and to an exception of an adjudged matter; to prevent a
new introduction of the same case, the judge can even declare such an
exception ex officio.
Can. 1643
Cases concerning
the status of persons never become an adjudged matter, not excepting cases
which concern the separation of spouses.
Can. 1644
§1 If two
conforming sentences have been given in cases concerning the status of persons, recourse to a tribunal of appeal can be made at any time, to be
supported by new and serious evidence or arguments which are to be submitted
within a peremptory time-limit of thirty days from the time the challenge was
made. Within one month of receiving the new evidence and arguments, the appeal tribunal must declare by a decree whether or not a new presentation of the case is to be admitted.
§2 Recourse to a
higher tribunal to obtain a new presentation of the case does not suspend the execution of the judgement, unless the law provides otherwise or the appeal
tribunal orders a suspension in accordance with can. 1650 §3.
Chapter 2. Total Reinstatement
Can. 1645
§1 Against a
judgement which has become an adjudged matter there can be a total
reinstatement, provided it is clearly established that the judgement was
unjust.
§2 Injustice is
not, however, considered clearly established unless:
1. The judgement is so based on evidence which is subsequently shown to be
false, that without this evidence the dispositive part of the judgement could
not be sustained;
2. documents are subsequently discovered by which new facts demanding a
contrary decision are undoubtedly proven;
3. The judgement was given through the deceit of one party to the harm of the other;
4. a provision of a law which was not merely procedural was evidently
neglected;
5. The judgement runs counter to a preceding decision which has become an
adjudged matter.
Can. 1646
§1 Total
reinstatement based on the reasons mentioned in can. 1645 §2, nn. 1-3, is to
be requested from the judge who delivered the judgement within three months
from the day on which these reasons became known.
§2 Total
reinstatement based on the reasons mentioned in can. 1645 §2, nn. 4 and 5, is
to be requested from the appeal tribunal within three months of notification of the publication of the judgement. In the case mentioned in can.
1645 §2, n. 5, if the preceding decision is not known until later, the time-limit begins at the time the knowledge was obtained.
§3 The
time-limits mentioned above do not apply for as long as the aggrieved party
is a minor.
Can. 1647
§1 A plea for
total reinstatement suspends the execution of a judgements which has not yet
begun.
§2 If there are
probable indications leading the judge to suspect that the plea was made to
cause delays in execution, he may decide that the judgement be executed. The
person seeking total reinstatement is, however, to be given suitable
guarantees that, if it is granted, he or she will be indemnified.
Can. 1648
Where total
reinstatement is granted, the judge must pronounce judgement of the merits of the case.
Title 10.
Judicial Expenses and Free Legal Aid
Can. 1649
§1 The Bishop who
is responsible for governing the tribunal is to establish norms concerning:
1. declarations that parties are liable for the payment or reimbursement of judicial expenses;
2. The honorariums for advocates, experts and interpreters, and the expenses of witnesses;
3. The granting of free legal aid and the reduction of expenses;
4. The payment of damages owed by a person who not merely lost the case, but
was rash in having recourse to litigation;
5. The money to be deposited, or the guarantee to be given, for the payment of expenses and the compensation of damages.
§2 No distinct
appeal exists from a pronouncement concerning expenses, honorariums and damages. The parties can, however, have recourse within ten days to the same
judge, who can change the sum involved.
Title 11. The
Execution of the Judgement
Can. 1650
§1 A judgement
which becomes adjudged matter can be executed, without prejudice to the provision of can. 1647.
§2 The judge who
delivered the judgement and, if there has been an appeal, the appeal judge,
can either ex officio or at the request of a party order the provisional
execution of a judgement which has not yet become an adjudged matter, adding
if need be appropriate guarantees when it is a matter of provisions or payments
concerning necessary support. They can also do so for some other just and urgent reason.
§3 If the judgement mentioned in §2 is challenged, the judge who must deal with the challenge can suspend the execution or subject it to a guarantee, if he sees that
the challenge is probably well founded and that irreparable harm could result
from execution.
Can. 1651
Execution cannot
take place before there is issued the judges executing decree directing that
the judgement be executed. Depending on the nature of the case, this decree
is to be either included in the judgement itself or issued separately.
Can. 1652
If the execution of the judgement requires a prior statement of reasons, this is to be treated
as an incidental question, to be decided by the judge who gave the judgement
which is to be executed.
Can. 1653
§1 Unless
particular law provides otherwise, the Bishop of the diocese in which the first instance judgement was given must, either personally or through
another, execute the judgement.
§2 If he refuses
or neglects to do so, the execution of the judgement, at the request of an
interested party or ex officio, belongs to the authority to which the appeal
tribunal is subject in accordance with can. 1439 §3.
§3 Between
religious, the execution of the judgement is the responsibility of the Superior who gave the judgement which is to be executed, or who delegated the judge.
Can. 1654
§1 The executor
must execute the judgement according to the obvious sense of the words,
unless in the judgement itself something is left to his discretion.
§2 He can deal
with exceptions concerning the manner and the force of the execution, but not
with the merits of the case. If he has ascertained from some other source
that the judgement is null or manifestly unjust according to cann.
1620, 1622 and 1645, he is to refrain from executing the judgement, and is
instead to refer the matter to the tribunal which delivered the judgement and to notify the parties.
Can. 1655
§1 In real
actions, whenever it is decided that a thing belongs to the plaintiff, it is
to be handed over to the plaintiff as soon as the matter has become an
adjudged matter.
§2 In personal
actions, when a guilty person is condemned to hand over a movable possession
or to pay money, or to give or do something, the judge in the judgement
itself, or the executor according to his discretion and prudence, is to
assign a time limit for the fulfilment of the obligation. This time-limit is
to be not less than fifteen days nor more than six months.
-B. The Oral
Contentious Process (canons 1656 - 1670)
Can. 1656
§1 The oral
contentious process dealt with in this section can be used in all cases which
are not excluded by law, unless a party requests an ordinary contentious
process.
§2 If the oral
process is used in cases other than those permitted by the law, the judicial
acts are null.
Can. 1657
An oral
contentious process in first instance is made before a sole judge, in
accordance with can. 1424.
Can. 1658
§1 In addition to
the matters enumerated in can. 1504, the petition which introduces the suit
must:
1. set forth briefly, fully and clearly the facts on which the plaintiffs
pleas are based;
2. indicate the evidence by which the plaintiff intends to demonstrate the facts and which cannot be brought forward with the petition; this is to be
done in such a way that the evidence can immediately be gathered by the judge.
§2 Documents
which support the plea must be added to the petition, at least in authentic
copy.
Can. 1659
§1 If an attempt
at mediation in accordance with can. 1446 §2 has proven fruitless, the judge,
if he deems that the petition has some foundation, is within three days to
add a decree at the foot of the petition. In this decree he is to order that
a copy of the plea be notified to the respondent, with the right to send a
written reply to the tribunal office within fifteen days.
§2 This
notification has the effects of a judicial summons that are as mentioned in
can. 1512.
Can. 1660
If the exceptions
raised by the respondent so require, the judge is to assign the plaintiff a
time-limit for a reply, so that from the material advanced by each he can
clearly discern the object of the controversy.
Can. 1661
§1 When the time-limits mentioned in cann. 1659 and 1660 have expired, the judge, after
examining the acts, is to determine the point at issue. He is then to summon
all who must be present to a hearing, which is to be held within thirty days;
for the parties, he is to add the formulation of the point at issue.
§2 In the summons
the parties are to be informed that, to support their assertions, they can
submit a short written statement to the tribunal at least three days before
the hearing.
Can. 1662
In the hearing,
the questions mentioned in cann. 1459-1464 are considered first.
Can. 1663
§1 The evidence
is assembled during the hearing, without prejudice to the provision of can.
1418.
§2 A party and his or her advocate can assist at the examination of the other parties, of the witnesses and of the experts.
Can. 1664
The replies of the parties, witnesses and experts, and the pleas and exceptions of the advocates, are to be written down by the notary in summary fashion,
restricting the record to those things which bear on the substance of the controversy. This record is to be signed by the persons testifying.
Can. 1665
The judge can
admit evidence which is not alleged or sought in the plea or the reply, but
only in accordance with can. 1452. After the hearing of even one witness,
however, the judge can admit new evidence only in accordance with can. 1600.
Can. 1666
If all the evidence cannot be collected during the hearing, a further hearing is to be
set.
Can. 1667
When the evidence
has been collected, an oral discussion is to take place at the same hearing.
Can. 1668
§1 At the conclusion of the hearing, the judge can decide the case forthwith, unless it
emerges from the discussion that something needs to be added to the instruction of the case, or that there is something which prevents a
judgement being correctly delivered. The dispositive part of the judgement is
to be read immediately in the presence of the parties.
§2 Because of the difficulty of the matter, or for some other just reason the decision of the tribunal can be deferred for up to five canonical days.
§3 The full text of the judgement, including the reasons for it, is to be notified to the parties as soon as possible, normally within fifteen days.
Can. 1669
If the appeal
tribunal discerns that a lower tribunal has used the oral contentious
procedure in cases which are excluded by law, it is to declare the judgement
invalid and refer the case back to the tribunal which delivered the judgement.
Can. 1670
In all other
matters concerning procedure, the provisions of the canons on ordinary
contentious trials are to be followed. In order to expedite matters, however,
while safeguarding justice, the tribunal can, by a decree and for stated
reasons, derogate from procedural norms which are not prescribed for
validity.
Part III. Certain
Special Processes (canons 1671 - 1716)
Title 1. Matrimonial Processes
Chapter 1. Cases Concerning the Declaration of Nullity of Marriage
Art. 1. The
Competent Forum
Can. 1671
Matrimonial cases of the baptised belong by their own right to the ecclesiastical judge.
Can. 1672
Cases concerning
the merely civil effects of marriage pertain to the civil courts, unless
particular law lays down that, if such cases are raised as incidental and accessory matters, they may be heard and decided by an ecclesiastical judge.
Can. 1673
The following
tribunals are competent in cases concerning the nullity of marriage which are
not reserved to the Apostolic See:
1. The tribunal of the place where the marriage was celebrated;
2. The tribunal of the place where the respondent has a domicile or
quasi-domicile;
3. The tribunal of the place where the plaintiff has a domicile, provided
that both parties live within the territory of the same Episcopal Conference,
and that the judicial Vicar of the domicile of the respondent, after
consultation with the respondent, gives consent;
4. The tribunal of the place in which in fact most of the evidence is to be
collected, provided that consent is given by the judicial Vicar of the domicile of the respondent, who must first ask the respondent whether he or
she has any objection to raise.
Art. 2. The
Right to Challenge the Validity of Marriage
Can. 1674
The following are
able to challenge the validity of a marriage:
1. The spouses themselves;
2. The promoter of justice, when the nullity of the marriage has already been
made public, and the marriage cannot be validated or it is not expedient to
do so.
Can. 1675
§1 A marriage
which was not challenged while both parties were alive, cannot be challenged
after the death of either or both, unless the question of validity is a
necessary preliminary to the resolution of another controversy in either the canonical or the civil forum.
§2 If a spouse
should die during the course of a case, can. 1518 is to be observed.
Art. 3. The
Duties of the Judges
Can. 1676
Before he accepts
a case and whenever there appears to be hope of success, the judge is to use
pastoral means to persuade the spouses that, if it is possible, they should
perhaps validate their marriage and resume their conjugal life.
Can. 1677
§1 When the petition has been accepted, the presiding judge or the ponens is to
proceed to the notification of the decree of summons, in accordance with can.
1508.
§2 If, within
fifteen days of the notification, neither party has requested a session to
contest the suit, then within the following ten days the presiding judge or ponens
is, by a decree, to decide ex officio the formulation of the doubt or doubts
and to notify the parties accordingly.
§3 The
formulation of the doubt is not only to ask whether the nullity of the particular marriage is proven, but also to determine the ground or grounds on
which the validity of the marriage is being challenged.
§4 If the parties
have not objected to this decree within ten days of being notified, the presiding judge or ponens is, by a new decree, to arrange for the hearing of the case.
Art. 4. Proofs
Can. 1678
§1 The defender of the bond, the advocates of the parties and, if engaged in the process, the promoter of justice, have the right:
1. to be present at the examination of the parties, the witnesses and the experts, without prejudice to can. 1559;
2. to see the judicial acts, even if they are not yet published, and to
inspect documents produced by the parties.
§2 The parties
themselves cannot be present at the sessions mentioned in §1, n.
1.
Can. 1679
Unless the evidence brought forward is otherwise complete, in order to weigh the depositions of the parties in accordance with can. 1536, the judge is, if
possible, to hear witnesses to the credibility of the parties, as well as to
gather other indications and supportive elements.
Can. 1680
In cases
concerning impotence or defect of consent by reason of mental illness, the judge is to use the services of one or more experts, unless from the circumstances this would obviously serve no purpose. In other cases, the provision of can. 1574 is to be observed.
Art. 5. The
Judgement and the Appeal
Can. 1681
Whenever in the course of the hearing of a case a doubt of a high degree of probability
arises that the marriage has not been consummated, the tribunal can, with the consent of the parties, suspend the nullity case and complete the instruction of a case for a dispensation from a non-consummated marriage; eventually it
can forward the acts to the Apostolic See, together with a petition, from
either or both of the parties for a dispensation, and with the Opinions of the tribunal and of the Bishop.
Can. 1682
§1 The judgement
which has first declared the nullity of a marriage, together with the appeals, if there are any, and the judicial acts, are to be sent ex officio
to the appeal tribunal within twenty days of the publication of the judgement.
§2 If the judgement given in first instance was in favour of the nullity of the marriage, the appeal tribunal, after weighing the observations of the defender of the bond and, if there are any, of the parties, is by its decree
either to ratify the decision at once, or to admit the case to ordinary
examination in the new instance.
Can. 1683
If a new ground of nullity of marriage is advanced in the appeal grade, the tribunal can
admit it and give judgement on it as at first instance.
Can. 1684
§1 After the judgement which first declared the nullity of the marriage has been confirmed
on appeal either by decree or by another judgement, those whose marriage has
been declared invalid may contract a new marriage as soon as the decree or
the second judgement has been notified to them, unless there is a prohibition
appended to the judgement or decree itself, or imposed by the local Ordinary.
§2 The provisions of can. 1644 are to be observed even if the judgement which declared the nullity of the marriage is confirmed not by a second judgement, but by a
decree.
Can. 1685
As soon as the sentence is executed, the judicial Vicar must notify the Ordinary of the place where the marriage was celebrated. This Ordinary must ensure that a
record of the decree of nullity of the marriage, and of any prohibition
imposed, is as soon as possible entered in the registers of marriage and baptism.
Art. 6. The
Documentary Process
Can. 1686
A marriage can be
declared invalid on the basis of a document which proves with certainty the existence of a diriment impediment a defect of lawful form or the lack of a
valid proxy mandate; the document must not be open to any contradiction or
exception. It must be equally certain that no dispensation has been given.
When a petition in accordance with can. 1677 has been received alleging such
invalidity, the judicial Vicar, or a judge designated by him, can omit the formalities of the ordinary procedure and, having summoned the parties, and with the intervention of the defender of the bond, declare the nullity of the marriage by a judgement.
Can. 1687
§1 If the defender of the bond prudently judges that the defects mentioned in can.
1686, or the lack of dispensation, are not certain, he must appeal to the judge of second instance. The acts must be sent to the appeal judge and he is
to be informed in writing that it is a documentary process.
§2 A party who
considers him or herself injured retains the right of appeal.
Can. 1688
The judge of second instance, with the intervention of the defender of the bond and after
consulting the parties, is to decide in the same way as in can. 1686 whether
the judgement is to be ratified, or whether the case should rather proceed
according to the ordinary course of law, in which event he is to send the case back to the tribunal of first instance.
Art. 7.
General Norms
Can. 1689
In the judgement
the parties are to be reminded of the moral, and also the civil, obligations
by which they may be bound, both towards one another and in regard to the support and upbringing of their children.
Can. 1690
Cases for the declaration of nullity of marriage cannot be dealt with by the oral
contentious process.
Can. 1691
In other matters
concerning the conduct of the process, the canons concerning judicial powers
in general and concerning the ordinary contentious process are to be applied,
unless the nature of the case demands otherwise; the special norms concerning
cases dealing with the status of persons and cases pertaining to the public
good are also to be observed.
Chapter 2. Cases Concerning the Separation of Spouses
Can. 1692
§1 Unless
lawfully provided otherwise in particular places, the personal separation of baptised spouses can be decided by a decree of the diocesan Bishop, or by the judgement of a judge in accordance with the following canons.
§2 Where the ecclesiastical decision does not produce civil effects, or if it is foreseen
that there will be a civil judgement not contrary to the divine law, the Bishop of the diocese in which the spouses are living can, in the light of their particular circumstances, give them permission to approach the civil
courts.
§3 If the case is
also concerned with the merely civil effects of marriage, the judge is to
endeavour, without prejudice to the provision of §2, to have the case brought
before the civil court from the very beginning.
Can. 1693
§1 The oral
contentious process is to be used, unless either party or the promotor of justice requests the ordinary contentious process.
§2 If the ordinary contentious process is used and there is an appeal, the tribunal of second instance is to proceed in accordance with can. 1682 §2, observing what
has to be observed.
Can. 1694
In matters
concerning the competence of the tribunal, the provisions of can. 1673 are to
be observed.
Can. 1695
Before he accepts
the case, and whenever there appears to be hope of success, the judge is to
use pastoral means to induce the parties to be reconciled and to resume their
conjugal life.
Can. 1696
Cases of separation of spouses also concern the public good; the promoter of justice
must, therefore, always intervene, in accordance with can.
1433.
Chapter 3. The process For the Dispensation From A
Ratified and Non-Consummated Marriage
Can. 1697
The parties
alone, or indeed one of them even if the other is unwilling, have the right
to seek the favour of a dispensation from a ratified and non-consummated
marriage.
Can. 1698
§1 Only the Apostolic See gives judgement on the fact of the non-consummation of a
marriage and on the existence of a just reason for granting the dispensation.
§2 The
dispensation, however, is given by the Roman Pontiff alone.
Can. 1699
§1 The diocesan
Bishop of the place of domicile or quasidomicile of the petitioner is
competent to accept the petition seeking the dispensation. If the request is
well founded, he must arrange for the instruction of the process.
§2 If, however,
the proposed case has special difficulties of a juridical or moral order, the diocesan Bishop is to consult the Apostolic See.
§3 Recourse to
the Apostolic See is available against the decree of a Bishop who rejects the petition.
Can. 1700
§1 Without
prejudice to the provisions of can. 1681, the Bishop is to assign the instruction of these processes, in a stable manner or case by case, to his
own tribunal or to that of another diocese, or to a suitable priest.
§2 If, however, a
judicial plea has been introduced to declare the nullity of the same
marriage, the instruction of the process is to be assigned to the same
tribunal.
Can. 1701
§1 In these
processes the defender of the bond must always intervene.
§2 An advocate is
not admitted, but the Bishop can, because of the difficulty of a case, allow
the petitioner or respondent to have the assistance of an expert in the law.
Can. 1702
In the instruction of the process both parties are to be heard. As far as possible,
and provided they can be reconciled with the nature of these processes, the canons concerning the collection of evidence in the ordinary contentious
process and in cases of nullity of marriage are to be followed.
Can. 1703
§1 There is no
publication of the acts, but if the judge sees that, because of the evidence
tendered, a serious obstacle stands in the way of the plea of the petitioner
or the exception of the respondent, he can prudently make it known to the party
concerned.
§2 To the party
requesting it the judge can show a document which has been presented or
evidence which has been received, and he can set a time for the production of arguments.
Can. 1704
§1 When the instruction is completed, the judge instructor is to give all the acts,
together with a suitable report, to the Bishop. The Bishop is to express his
Opinion on the merits of the case in relation to the alleged fact of non-consummation, the adequacy of the reason for dispensation, and the opportuneness of the favour.
§2 If the instruction of the process has been entrusted to another tribunal in
accordance with Can. 1700, the observations in favour of the bond of marriage
are to be prepared in that same tribunal. The Opinion spoken of in §1 is, however,
the province of the Bishop who gave the commission and the judge instructor
is to give him, together with the acts, a suitable report on the case.
Can. 1705
§1 The Bishop is
to transmit all the acts to the Apostolic See together with his Opinion and the observations of the defender of the bond.
§2 If, in the judgement of the Apostolic See, a supplementary instruction is required, this
will be notified to the Bishop, with a statement of the items on which the acts are to be supplemented.
§3 If, however,
the answer of the Apostolic See is that the non-consummation is not proven
from the evidence produced, then the expert in law mentioned in Can.
1701 §2 can inspect the acts of the case, though not the Opinion of the Bishop, in the tribunal office, in order to decide whether anything further of importance can be brought forward to justify another submission of the petition.
Can. 1706
The rescript of dispensation is sent by the Apostolic See to the Bishop. He is to notify the parties of the rescript, and also as soon as possible direct the parish
priests of the place where the marriage was contracted and of the place where
baptism was received, to make a note of the granting of the dispensation in
the registers of marriage and baptism.
Chapter 4. The Process In the Case of the Presumed Death of A Spouse
Can. 1707
§1 Whenever the death of a spouse cannot be proven by an authentic ecclesiastical or civil
document, the other spouse is not regarded as free from the bond of marriage
until the diocesan Bishop has issued a declaration that death is presumed.
§2 The diocesan
Bishop can give the declaration mentioned in §1 only if, after making
suitable investigations, he has reached moral certainty concerning the death of the spouse from the depositions of witnesses, from hearsay and from other
indications. The mere absence of the spouse, no matter for how long a period,
is not sufficient.
§3 In uncertain
and involved cases, the Bishop is to consult the Apostolic See.
Title 2. Cases
For the Declaration of Nullity of Sacred Ordination
Can. 1708
The right to
impugn the validity of sacred ordination is held by the cleric himself, or by
the Ordinary to whom the cleric is subject, or by the Ordinary in whose
diocese he was ordained.
Can. 1709
§1 The petition
must be sent to the competent Congregation, which will decide whether the case is to be determined by the Congregation of the Roman Curia, or by a
tribunal designated by it.
§2 Once the petition has been sent, the cleric is by the law itself forbidden to exercise
orders.
Can. 1710
If the Congregation remits the case to a tribunal, the canons concerning trials in
general and the ordinary contentious trial are to be observed, unless the nature of the matter requires otherwise and without prejudice to the provisions of this title.
Can. 1711
In these cases
the defender of the bond has the same rights and is bound by the same duties
as the defender of the bond of marriage.
Can. 1712
After a second
judgement confirming the nullity of the sacred ordination, the cleric loses
all rights proper to the clerical state and is freed from all its
obligations.
Title 3. Ways of Avoiding Trials
Can. 1713
In order to avoid
judicial disputes, agreement or reconciliation can profitably be adopted, or
the controversy can be submitted to the judgement of one or more arbiters.
Can. 1714
The norms for
agreements, for mutual promises to abide by an arbiters award, and for
arbitral judgements are to be selected by the parties. If the parties have
not chosen any, they are to use the law established by the Episcopal
Conference, if such exists, or the civil law in force in the place where the pact is made.
Can. 1715
§1 Agreements and mutual promises to abide by an arbiters award cannot validly be employed in
matters which pertain to the public good, and in other matters in which the parties are not free to make such arrangements.
§2 Whenever the matter concerned demands it, in questions concerning temporal ecclesiastical
goods the formalities established by the law for the alienation of ecclesiastical goods are to be observed.
Can. 1716
§1 If the civil
law does not recognise the force of an arbitral judgement unless it is
confirmed by a judge, an arbitral judgement in an ecclesiastical controversy
has no force in the canonical forum unless it is confirmed by an
ecclesiastical judge of the place in which it was given.
§2 If, however,
the civil law admits of a challenge to an arbitral judgement before a civil
judge, the same challenge may be brought in the canonical forum before an
ecclesiastical judge who is competent to judge the controversy at first
instance.
Part IV. The Penal
Process (canons 1717 - 1731)
Chapter 1. The Preliminary Investigation
Can. 1717
§1 Whenever the Ordinary receives information, which has at least the semblance of truth,
about an offence, he is to enquire carefully, either personally or through
some suitable person, about the facts and circumstances, and about the imputability of the offence, unless this enquiry would appear to be entirely
superfluous.
§2 Care is to be
taken that this investigation does not call into question anyones good name.
§3 The one who
performs this investigation has the same powers and obligations as an auditor
in a process. If, later, a judicial process is initiated, this person may not
take part in it as a judge.
Can. 1718
§1 When the facts
have been assembled, the Ordinary is to decide:
1. whether a process to impose or declare a penalty can be initiated;
2. whether this would be expedient, bearing in mind Can. 1341;
3. whether a judicial process is to be used or, unless the law forbids it,
whether the matter is to proceed by means of an extra-judicial decree.
§2 The Ordinary
is to revoke or change the decree mentioned in §1 whenever new facts indicate
to him that a different decision should be made.
§3 In making the decrees referred to in ?§1 and 2, the Ordinary, if he considers it prudent,
is to consult two judges or other legal experts.
§4 Before making
a decision in accordance with §1, the Ordinary is to consider whether, to
avoid useless trials, it would be expedient, with the parties consent, for
himself or the investigator to make a decision, according to what is good and equitable, about the question of harm.
Can. 1719
The acts of the investigation, the decrees of the Ordinary by which the investigation was
opened and closed, and all those matters which preceded the investigation,
are to be kept in the secret curial archive, unless they are necessary for
the penal process.
Chapter 2. The Course of the Process
Can. 1720
If the Ordinary
believes that the matter should proceed by way of an extra-judicial decree:
1. he is to notify the accused of the allegation and the evidence, and give
an opportunity for defence, unless the accused, having been lawfully
summoned, has failed to appear;
2. together with two assessors, he is accurately to weigh all the evidence
and arguments;
3. if the offence is certainly proven and the time for criminal action has
not elapsed, he is to issue a decree in accordance with cann. 1342-1350,
outlining at least in summary form the reasons in law and in fact.
Can. 1721
§1 If the Ordinary decrees that a judicial penal process is to be initiated, he is to
pass the acts of the investigation to the promoter of justice, who is to
present to the judge a petition of accusation in accordance with cann. 1502
and 1504.
§2 Before a
higher tribunal, the promoter of justice constituted for that tribunal adopts
the role of plaintiff.
Can. 1722
At any stage of the process, in order to prevent scandal, protect the freedom of the witnesses and safeguard the course of justice, the Ordinary can, after
consulting the promoter of justice and summoning the accused person to
appear, prohibit the accused from the exercise of the sacred ministry or of some ecclesiastical office and position, or impose or forbid residence in a
certain place or territory, or even prohibit public participation in the blessed Eucharist. If, however, the reason ceases, all these restrictions are
to be revoked; they cease by virtue of the law itself as soon as the penal
process ceases.
Can. 1723
§1 When the judge
summons the accused, he must invite the latter to engage an advocate, in
accordance with Can. 1481 §1, but within the time laid down by the judge.
§2 If the accused
does not do this, the judge himself is to appoint an advocate before the joinder of the issue, and this advocate will remain in office for as long as
the accused has not engaged an advocate.
Can. 1724
§1 At the direction or with the consent of the Ordinary who decided that the process
should be initiated, the promoter of justice in any grade of the trial can
resign from the case.
§2 For validity,
this resignation must be accepted by the accused person, unless he or she has
been declared absent from the trial.
Can. 1725
In the argumentation of the case, whether done in writing or orally, the accused
person or the advocate or procurator of the accused, always has the right to
write or speak last.
Can. 1726
If in any grade
or at any stage of a penal trial, it becomes quite evident that the offence
has not been committed by the accused, the judge must declare this in a
judgement and acquit the accused, even if it is at the same time clear that
the period for criminal proceedings has elapsed.
Can. 1727
§1 The offender
can appeal, even if discharged in the judgement only because the penalty was
facultative, or because the judge used the power mentioned in cann. 1344 and 1345.
§2 The promotor of justice can appeal whenever he considers that the reparation of scandal or
the restitution of justice has not been sufficiently provided for.
Can. 1728
§1 Without
prejudice to the canons of this title, and unless the nature of the case
requires otherwise, in a penal trial the judge is to observe the canons concerning judicial procedures in general, those concerning the ordinary
contentious process, and the special norms about cases which concern the public good.
§2 The accused
person is not bound to admit to an offence, nor may the oath be administered
to the accused.
Chapter 3. The Action To Compensate For Harm
Can. 1729
§1 In accordance
with Can. 1596, a party who has suffered harm from an offence can bring a
contentious action for making good the harm in the actual penal case itself.
§2 The
intervention of the harmed party mentioned in §1 is no longer admitted if the intervention was not made in the first instance of the penal trial.
§3 An appeal in a
case concerning harm is made in accordance with cann.
1628-1640, even if an appeal cannot be made in the penal case itself. If,
however, there is an appeal on both headings, there is to be only one trial,
even though the appeals are made by different persons, without prejudice to
the provision of Can. 1734[].
Can. 1730
§1 To avoid
excessive delays in a penal trial, the judge can postpone the trial
concerning harm until he has given a definitive judgement in the penal trial.
§2 When the judge
does this he must, after giving judgement in the penal trial, hear the case
concerning harm, even though the penal trial is still pending because of a
proposed challenge to it, or even though the accused has been acquitted, when
the reason for the acquittal does not take away the obligation to make good
the harm.
Can. 1731
A judgement given
in a penal trial, even though it has become an adjudged matter, in no way
creates a right for a party who has suffered harm, unless this party has
intervened in accordance with can. 1733 []
Part V. Procedure In
Administrative Recourse and in the Removal or Transfer of Parish Priests
(canons 1732 - 1752)
-A. Recourse Against
Administrative Decrees (canons 1732 - 1739)
Can. 1732
Whatever is laid
down in the canons of this section concerning decrees, is also to be applied
to all singular administrative acts given in the external forum outside a
judicial trial, except for those given by the Roman Pontiff himself or by an
Ecumenical Council.
Can. 1733
§1 When a person
believes that he or she has been injured by a decree, it is greatly to be
desired that contention between that person and the author of the decree be
avoided, and that care be taken to reach an equitable solution by mutual
consultation, possibly using the assistance of serious-minded persons to
mediate and study the matter. In this way, the controversy may by some
suitable method be avoided or brought to an end.
§2 The Episcopal
Conference can prescribe that in each diocese there be established a
permanent office or council which would have the duty, in accordance with the norms laid down by the Conference, of seeking and suggesting equitable
solutions. Even if the Conference has not demanded this, the Bishop may
establish such an office or council.
§3 The office or
council mentioned in §2 is to be diligent in its work principally when the revocation of a decree is sought in accordance with Can.
1734 and the time-limit for recourse has not elapsed. If recourse is proposed
against a decree, the Superior who would have to decide the recourse is to
encourage both the person having recourse and the author of the decree to
seek this type of solution, whenever the prospect of a satisfactory outcome
is discerned.
Can. 1734
§1 Before having
recourse, the person must seek in writing from its author the revocation or
amendment of the decree. Once this petition has been lodged, it is by that
very fact understood that the suspension of the execution of the decree is
also being sought.
§2 The petition
must be made within the peremptory time-limit of ten canonical days from the time the decree was lawfully notified.
§3 The norms in
?§1 and 2 do not apply:
1. in having recourse to the Bishop against decrees given by authorities who
are subject to him;
2. in having recourse against the decree by which a hierarchical recourse is
decided, unless the decision was given by the Bishop himself ;
3. in having recourse in accordance with cann. 57 and 1735.
Can. 1735
If, within thirty
days from the time the petition mentioned in Can.
1734 reaches the author of the decree, the latter communicates a new decree
by which either the earlier decree is amended or it is determined that the petition is to be rejected, the period within which to have recourse begins
from the notification of the new decree. If, however, the author of the decree makes no decision within thirty days, the time-limit begins to run
from the thirtieth day.
Can. 1736
§1 In those
matters in which hierarchical recourse suspends the execution of a decree,
even the petition mentioned in Can. 1734 has the same effect.
§2 In other
cases, unless within ten days of receiving the petition mentioned in Can.
1734 the author of the decree has decreed its suspension, an interim
suspension can be sought from the authors hierarchical Superior. This
Superior can decree the suspension only for serious reasons and must always
take care that the salvation of souls suffers no harm.
§3 If the execution of the decree is suspended in accordance with §2 and recourse is
subsequently proposed, the person who must decide the recourse is to
determine, in accordance with Can. 1737 §3, whether the suspension is to be
confirmed or revoked.
§4 If no recourse
is proposed against the decree within the time-limit established, an interim
suspension of execution in accordance with ?§1 and 2 automatically lapses.
Can. 1737
§1 A person who
contends that he or she has been injured by a decree, can for any just motive
have recourse to the hierarchical Superior of the one who issued the decree.
The recourse can be proposed before the author of the decree, who must
immediately forward it to the competent hierarchical Superior.
§2 The recourse
is to be proposed within the peremptory time-limit of fifteen canonical days.
In the cases mentioned in Can. 1734 §3, the timelimit begins to run from the day the decree was notified; in other cases, it runs in accordance with Can.
1735.
§3 Even in those
cases in which recourse does not by law suspend the execution of the decree,
or in which the suspension is decreed in accordance with Can.
1736 §2, the Superior can for a serious reason order that the execution be
suspended, but is to take care that the salvation of souls suffers no harm.
Can. 1738
The person having
recourse always has the right to the services of an advocate or procurator,
but is to avoid futile delays. Indeed, an advocate is to be appointed ex officio if the person does not have one and the Superior considers it
necessary. The Superior, however, can always order that the one having
recourse appear in person to answer questions.
Can. 1739
In so far as the case demands, it is lawful for the Superior who must decide the recourse, not
only to confirm the decree or declare that it is invalid, but also to rescind
or revoke it or, if it seems to the Superior to be more expedient, to amend
it, to substitute for it, or to obrogate it.
-B. The Procedure
for the Removal or Transfer of Parish Priests (canons 1740 - 1752)
Chapter 1. The Procedure For the Removal of Parish Priests
Can. 1740
When the ministry of any parish priest has for some reason become harmful or at least
ineffective, even though this occurs without any serious fault on his part,
he can be removed from the parish by the diocesan Bishop.
Can. 1741
The reasons for
which a parish priest can lawfully be removed from his parish are
principally:
1. a manner of acting which causes grave harm or disturbance to
ecclesiastical communion;
2. ineptitude or permanent illness of mind or body, which makes the parish
priest unequal to the task of fulfilling his duties satisfactorily;
3. The loss of the parish priests good name among upright and serious-minded
parishioners, or aversion to him, when it can be foreseen that these factors
will not quickly come to an end
4. grave neglect or violation of parochial duties, which persists after a
warning;
5. bad administration of temporal goods with grave harm to the Church, when
no other remedy can be found to eliminate this harm.
Can. 1742
§1 If an
investigation shows that there exists a reason mentioned in Can. 1740, the Bishop is to discuss the matter with two parish priests from a group stably
chosen for this purpose by the council of priests, at the proposal of the Bishop. If he then believes that he should proceed with the removal, the Bishop must, for validity, indicate to the parish priest the reason and the arguments, and persuade him in a fatherly manner to resign his parish within
fifteen days.
§2 For parish
priests who are members of a religious institute or a society of apostolic
life, the provision of Can. 682 §2 is to be observed.
Can. 1743
The resignation of the parish priest can be given not only purely and simply, but even on a
condition, provided the condition is one which the Bishop can lawfully accept
and does in fact accept.
Can. 1744
§1 If the parish
priest has not replied within the days prescribed, the Bishop is to renew his
invitation and extend the canonical time within which a reply is to be made.
§2 If it is clear
to the Bishop that the parish priest has received this second invitation but
has not replied, even though not prevented from doing so by any impediment,
or if the parish priest refuses to resign and gives no reasons for this, the Bishop is to issue a decree of removal.
Can. 1745
If, however, the parish priest opposes the case put forward and the reasons given in it, but
advances arguments which seem to the Bishop to be insufficient, to act
validly the Bishop must:
1. invite him to inspect the acts of the case and put together his objections
in a written answer, indeed to produce contrary evidence if he has any;
2. after this, complete the instruction of the case, if this is necessary,
and weigh the matter with the same parish priests mentioned in Can. 1742 §1,
unless, because of some impossibility on their part, others are to be
designated;
3. finally, decide whether or not the parish priest is to be removed, and without delay issue the appropriate decree.
Can. 1746
When the parish
priest has been removed, the Bishop is to ensure that he is either assigned
to another office, if he is suitable for one, or is given a pension in so far
as the case requires this and the circumstances permit.
Can. 1747
§1 A parish
priest who has been removed must abstain from exercising the function of a
parish priest, leave the parochial house free as soon as possible, and hand over everything pertaining to the parish to the person to whom the Bishop has
entrusted it.
§2 If, however,
it is a question of a sick man who cannot be transferred elsewhere from the parochial house without inconvenience, the Bishop is to leave to him the use,
even the exclusive use, of the parochial house for as long as this necessity
lasts.
§3 While recourse
against a decree of removal is pending, the Bishop cannot appoint a new
parish priest, but is to make provision in the meantime by way of a parochial
administrator.
Chapter 2. The Procedure For the Transfer of Parish Priests
Can. 1748
The good of souls
or the necessity or advantage of the
Church may demand that a parish priest be transferred from his own parish, which he governs
satisfactorily, to another parish or another office. In these circumstances,
the Bishop is to propose the transfer to him in writing and persuade him to
consent, for the love of God and of souls.
Can. 1749
If the parish
priest proposes not to acquiesce in the Bishops advice and persuasion, he is
to give his reasons in writing.
Can. 1750
Despite the reasons put forward, the Bishop may judge that he should not withdraw from
his proposal. In this case, together with two parish priests chosen in
accordance with Can. 1742 §1, he is to weigh the reasons which favour and those which oppose the transfer. If the Bishop still considers that the transfer should proceed, he is again to renew his fatherly exhortation to the parish priest.
Can. 1751
§1 If, when these
things have been done, the parish priest still refuses and the Bishop still
believes that a transfer ought to take place, the Bishop is to issue a decree of transfer stating that, when a prescribed time has elapsed, the parish
shall be vacant.
§2 When this time
has elapsed without result, he is to declare the parish vacant.
Can. 1752
In cases of transfer, the provisions of Can. 1747 are to be applied, always observing
canonical equity and keeping in mind the salvation of souls, which in the Church must always be the supreme law.
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