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| The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Norms Common to All Institutes of Consecrated Life | |
| Canon 598. | §1 Each institute, taking account of its own special character and purposes, is to define in its constitutions the manner in which the evangelical counsels of chastity, poverty and obedience are to be observed in its way of life.
§2 All members must not only observe the evangelical counsels faithfully and fully, but also direct their lives according to the institute’s own law, and so strive for the perfection of their state. |
| Canon 597. | §1 Every catholic with a right intention and the qualities required by universal law and the institute’s own law, and who is without impediment, may be admitted to an institute of consecrated life.
§2 No one may be admitted without suitable preparation. |
| Canon 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. |
| Canon 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. |
| Canon 594. | An institute of diocesan right remains under the special care of the diocesan
Bishop, without prejudice to can. 586. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 585. | The competent authority of an institute can suppress parts of the same institute. |
| Canon 584. | Only the Apostolic See can suppress an institute and dispose of its temporal goods. |
| Canon 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. |
| Canon 582. | Fusions and unions of institutes of consecrated life are reserved to the
Apostolic See alone. To it are likewise reserved confederations or federations. |
| Canon 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. |
| Canon 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. |
| Canon 579. | Diocesan Bishops can, by formal decree, validly establish institutes of consecrated life in their own territories, if the prior permission of the Apostolic See has been given in writing.
[revised wording according to m.p. Authenticum charismatis, 1.XI.2020] [NB see Rescript “ex audientia Ss.mi” of 15 June 2022 requiring the diocesan bishop, before erecting – by decree – a public association of the faithful with a view to becoming an institute of consecrated life or a society of apostolic life, to obtain the written permission of the Dicastery of Consecrated Life and Societies of Apostolic Life] |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 573. | §1 Life consecrated through profession of the evangelical counsels is a stable form of living, in which the faithful follow Christ more closely under the action of the Holy Spirit, and are totally dedicated to God, who is supremely loved.
By a new and special title they are dedicated to seek the perfection of charity in the service of God’s Kingdom, for the honour of God, the building up of the Church and the salvation of the world. They are a splendid sign in the Church, as they foretell the heavenly glory. §2 Christ’s faithful freely assume this manner of life in institutes of consecrated life which are canonically established by the competent ecclesiastical authority. By vows or by other sacred bonds, in accordance with the laws of their own institutes, they profess the evangelical counsels of chastity, poverty and obedience. Because of the charity to which these counsels lead, they are linked in a special way to the Church and its mystery. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Rectors of churches and chaplains » Chaplains | |
| Canon 572. | In regard to the removal of a chaplain, the provisions of can. 563 are to be observed. |
| Canon 571. | In the exercise of his pastoral office a chaplain is to maintain the due relationship with the parish priest. |
| Canon 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. |
| Canon 569. | Chaplains to the armed forces are governed by special laws. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Rectors of churches and chaplains » Rectors of churches | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Vicars forane | |
| Canon 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[3] . 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Parishes, pastors, and parochial vicars | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 546. | To be validly appointed an assistant priest, one must be in the sacred order of priesthood. |
| Canon 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. |
| Canon 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. |
| Canon 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° [2]in juridical affairs, only the moderator acts in the person of the parish or parishes entrusted to the group. |
| Canon 542. | The priests to whom, in accordance with can. 516 §1[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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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 baptismal register, a note is also to be made of ascription to a Church ‘sui iuris’ or the transfer to another Church, as well as of confirmation and of all matters pertaining to the canonical status of the faithful by reason of marriage, without prejudice to the provision of can. 1133, adoption, the reception of sacred orders, the making of perpetual profession in a religious institute. These annotations are always to be stated on a Certificate of Baptism. [revised wording according to m.p. De concordia inter Codices, 31.V.2016] §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. |
| Canon 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. |
| Canon 533. | §1 The parish priest is obliged to reside in the parochial house, near the church. In particular cases, however, where there is a just reason, the local Ordinary may permit him to reside elsewhere, especially in a house common to several priests, provided the carrying out of the parochial duties is properly and suitably catered for.
§2 Unless there is a grave reason to the contrary, the parish priest may each year be absent on holiday from his parish for a period not exceeding one month, continuous or otherwise. The days which the parish priest spends on the annual spiritual retreat are not reckoned in this period of vacation. For an absence from the parish of more than a week, however, the parish priest is bound to advise the local Ordinary. §3 It is for the diocesan Bishop to establish norms by which, during the parish priest’s absence, the care of the parish is provided for by a priest with the requisite faculties. |
| Canon 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 can. 1281-1288. |
| Canon 531. | Even though another person has performed some parochial function, he is to give the offering he receives from the faithful on that occasion to the parish fund unless, in respect of voluntary offerings, there is a clear contrary intention on the donor’s part; it is for the diocesan Bishop, after consulting the council of priests, to prescribe regulations concerning the destination of these offerings and to provide for the remuneration of clerics who fulfil such a parochial function. |
| Canon 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 cann. 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The pastoral council | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » Chapters of canons | |
| Canon 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. |
| Canon 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. [NB see Authentic Interpretation of canon 509 §1, 20.V.1989] §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. |
| Canon 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. |
| Canon 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. |
| Canon 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 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. |
| Canon 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. |
| Canon 504. | The establishment, alteration or suppression of a cathedral chapter is reserved to the Apostolic See. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The presbyteral council and the college of consultors | |
| Canon 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.
[NB see Authentic Interpretation of canon 502 §1, 11.VII.1984] §2 The diocesan Bishop presides over the college of consultors. If, however, the see is impeded or vacant, that person presides who in the interim takes the Bishop’s place or, if he has not yet been appointed, then the priest in the college of consultors who is senior by ordination. §3 The Episcopal Conference can determine that the functions of the college of consultors be entrusted to the cathedral chapter. §4 Unless the law provides otherwise, in a vicariate or prefecture apostolic the functions of the college of consultors belong to the council of the mission mentioned in can. 495 §2. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 495. | §1 In each diocese there is to be established a council of priests, that is, a group of priests who represent the presbyterium and who are to be, as it were, the
Bishop’s senate. The council’s role is to assist the Bishop, in accordance with the law, in the governance of the diocese, so that the pastoral welfare of that portion of the people of God entrusted to the Bishop may be most effectively promoted. §2 In vicariates and prefectures apostolic, the Vicar or Prefect is to appoint a council composed of at least three missionary priests, whose opinion, even by letter, he is to hear in the more serious affairs. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia » The finance council and the finance officer | |
| Canon 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. |
| Canon 493. | Besides the functions entrusted to it in Book V on ‘The Temporal Goods of the Church’, it is the responsibility of the finance committee to prepare each year a budget of income and expenditure over the coming year for the governance of the whole diocese, in accordance with the direction of the diocesan Bishop. It is also the responsibility of the committee to account at the end of the year for income and expenditure. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia » The chancellor, other notaries, and the archives | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia » Vicars general and episcopal vicars | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan curia | |
| Canon 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. |
| Canon 473. | §1 The diocesan Bishop must ensure that everything concerning the administration of the whole diocese is properly coordinated and is directed in the way that will best achieve the good of that portion of the people of God entrusted to his care.
§2 The diocesan Bishop has the responsibility of coordinating the pastoral action of the Vicars general and episcopal Vicars. Where it is useful, he may appoint a Moderator of the curia, who must be a priest Under the Bishop’s authority, the Moderator is to coordinate activities concerning administrative matters and to ensure that the others who belong to the curia properly fulfil the offices entrusted to them. §3 Unless in the Bishop’s judgement local conditions suggest otherwise, the Vicar general is to be appointed Moderator of the curia or, if there are several Vicars general, one of them. §4 Where the Bishop judges it useful for the better promotion of pastoral action, he can establish an episcopal council, comprising the Vicars general and episcopal Vicars. |
| Canon 472. | The provisions of Book VII on ‘Processes’ are to be observed concerning cases and persons involved in the exercise of judicial power in the curia. The following canons are to be observed in what concerns the administration of the diocese. |
| Canon 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. |
| Canon 470. | The appointment of those who fulfil an office in the diocesan curia belongs to the diocesan Bishop. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » The Internal Ordering of Particular Churches » The diocesan synod | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 465. | All questions proposed are to be subject to the free discussion of the members in the sessions of the synod. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Conferences of bishops | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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.
[NB see Authentic Interpretation of canon 455 §1, 5.VII.1985] §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. |
| Canon 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. |
| Canon 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. |
| Canon 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. [NB see Authentic Interpretation of canon 452, 23.V.1988] |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Particular councils | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Metropolitans | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Groupings of Particular Churches » Ecclesiastical provinces and regions | |
| Canon 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. [NB see Authentic Interpretation of canon 434, 23.V.1988] |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » The impeded see and the vacant see » The vacant see | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 426. | Whoever governs the diocese before the appointment of the diocesan Administrator, has the power which the law gives to a Vicar general. |
| Canon 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. |
| Canon 424. | The diocesan Administrator is to be elected according to the norms of can. 165-178. |
| Canon 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. |
| Canon 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. |
| Canon 421. | §1 Within eight days of receiving notification of the vacancy of an episcopal see, a diocesan Administrator is to be elected by the college of consultors, to govern the diocese for the time being, without prejudice to the provisions of can. 502 §3.
§2 If, for any reason, the diocesan Administrator is not lawfully elected within the prescribed time, his appointment devolves upon the Metropolitan. If the metropolitan see is itself vacant, or if both the metropolitan see and a suffragan see are vacant, the appointment devolves on the suffragan who is senior by promotion. |
| Canon 420. | Unless the Holy See has prescribed otherwise, when the see is vacant in a vicariate or a prefecture apostolic, the governance is assumed by the Pro-Vicar or
Pro-Prefect who was designated for this sole purpose by the Vicar or Prefect immediately upon taking possession. |
| Canon 419. | While the see is vacant and until the appointment of a diocesan Administrator, the governance of the diocese devolves upon the auxiliary Bishop. If there are a number of auxiliary Bishops, it devolves upon the senior by promotion. If there is no auxiliary Bishop, it devolves upon the college of consultors, unless the Holy See has provided otherwise. The one who thus assumes the governance of the diocese must without delay convene the college which is competent to appoint a diocesan Administrator. |
| Canon 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. |
| Canon 417. | Until they have received certain notification of the Bishop’s death, all actions taken by the Vicar general or the episcopal Vicar have effect. Until they have received certain notification of the aforementioned papal acts, the same is true of actions taken by the diocesan Bishop, the Vicar general or the episcopal Vicar. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » The impeded see and the vacant see » The impeded see | |
| Canon 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. |
| Canon 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. |
| Canon 413. | §1 Unless the Holy See has provided otherwise, when a see is impeded, the governance of the diocese devolves on the coadjutor Bishop, if there is one. If there is no coadjutor, or if he is impeded, it devolves upon the auxiliary Bishop, or the Vicar general, or the episcopal Vicar, or another priest: the order of persons to be followed is to be that determined in the list which the diocesan Bishop is to draw up as soon as possible after taking possession of his diocese. This list, which is to be communicated to the Metropolitan, is to be revised at least every three years, and kept under secrecy by the chancellor.
§2 If there is no coadjutor Bishop or if he is impeded, and the list mentioned in §1 is not at hand, it is the responsibility of the college of consultors to elect a priest who will govern the diocese. §3 The person who undertakes the governance of the diocese according to the norms of §§1 or 2, is to notify the Holy See as soon as possible that the see is impeded and that he has undertaken the office. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Bishops » Coadjutor and auxiliary bishops | |
| Canon 411. | The provisions of cann. 401 and 402 §2, concerning resignation from office, apply also to a coadjutor and an auxiliary Bishop.
[NB see m.p. Learn to take your leave, 12.II.2018, art. 5 (cf. can. 401)] |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Bishops » Diocesan bishops | |
| Canon 402. | §1 A Bishop whose resignation from office has been accepted, acquires the unless, because of special circumstances in certain cases, the Apostolic See provides otherwise.
[NB see Authentic Interpretation of canon 402 §1, 10.X.1991] §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. |
| Canon 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. NB see m.p. Learn to take your leave, 12.II.2018: Art. 1. Upon reaching 75 years of age, diocesan and eparchial Bishops, and those deemed equivalent to them according to canons 381 §2 cic and 313 cceo, as well as Coadjutor and Auxiliary Bishops or holders of special pastoral responsibilities, are invited to present to the Supreme Pontiff their resignation from pastoral office. Art. 2. Upon reaching 75 years of age, non-Cardinal Dicastery Heads of the Roman Curia, Superior Prelates of the Roman Curia and Bishops holding other offices of the Holy See, do not ipso facto cede their office, but must present their resignation to the Supreme Pontiff. Art. 3. Likewise, Pontifical Representatives do not ipso facto cede their office upon reaching seventy-five years of age, but in this circumstance must present their resignation to the Supreme Pontiff. Art. 4. To be effective, resignation pursuant to articles 1-3 must be accepted by the Supreme Pontiff, who will decide by evaluating the concrete circumstances. Art. 5. Once the resignation is presented, the office relative to articles 1-3 will be extended until acceptance of the resignation is communicated to the interested party, for a fixed or unspecified time, contrary to the general terms established by canons 189 §3 cic and 970 §1 cceo. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 394. | §1 The Bishop is to foster various forms of the apostolate in his diocese and is to ensure that throughout the entire diocese, or in its particular districts, all works of the apostolate are coordinated under his direction, with due regard for the character of each apostolate.
§2 He is to insist on the faithful’s obligation to exercise the apostolate according to the condition and talents of each. He is to urge them to take part in or assist various works of the apostolate, according to the needs of place and time. |
| Canon 393. | In all juridical transactions of the diocese, the diocesan Bishop acts in the person of the diocese. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Bishops » Bishops in general | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 376. | Bishops to whom the care of a given diocese is entrusted are called diocesan Bishops; the others are called titular Bishops. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » Particular Churches and Their Groupings » Particular Churches and the Authority Established in Them » Particular Churches | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » Legates of the Roman Pontiff | |
| Canon 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. |
| Canon 366. | Given the special nature of a Legate’s role:
1° the papal Legation is exempt from the power of governance of the local Ordinary, except for the celebration of marriages; 2° the papal Legate has the right to perform liturgical celebrations, even in pontificalia, in all churches of the territory of his legation; as far as it is possible, he is to give prior notice to the local Ordinary. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Curia | |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Cardinals of the Holy Roman Church | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. [See can. 350 §§1-2 above.] §4 If the Dean and sub-Dean do not already have a domicile in Rome, they acquire it there. |
| Canon 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. |
| Canon 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. [NB see Rescript “ex audientia Ss.mi” of 26 June 2018 by which four Cardinals were coopted into the Order of Bishops and made equivalent to Cardinals who hold the title of a suburbicarian Church, in derogation of can. 350 §§1-2 and 352 §§2-3 (Communicationes 50 (2018), pp. 431-432).] §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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Synod of Bishops | |
| Canon 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. |
| Canon 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. |
| Canon 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.
[NB see Authentic Interpretation of canon 346 §1, 10.X.1991] §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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Pontiff and the College of Bishops » The College of Bishops | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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 . |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Pontiff and the College of Bishops » The Roman Pontiff | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Hierarchical Constitution of the Church » The Supreme Authority of the Church » The Roman Pontiff and the College of Bishops | |
| Canon 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. |
| The People of God » The Christian Faithful » Associations of the Christian Faithful » Special Norms for Associations of the Laity | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Christian Faithful » Associations of the Christian Faithful » Private Associations of the Christian Faithful | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 321. | Christ’s faithful direct and moderate private associations according to the provisions of the statutes. |
| The People of God » The Christian Faithful » Associations of the Christian Faithful » Public Associations of the Christian Faithful | |
| Canon 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. |
| Canon 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. |
| Canon 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 can. 192--195. |
| Canon 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. |
| Canon 316. | §1 A person who has publicly rejected the catholic faith, or has defected from ecclesiastical communion, or upon whom an excommunication has been imposed or declared, cannot validly be received into public associations.
§2 Those who have been lawfully enrolled but who fall into one of the categories mentioned in §1, having been previously warned, are to be dismissed, in accordance with the statutes of the association, without prejudice to their right of recourse to the ecclesiastical authority mentioned in can. 312 §1. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. [NB see Rescript “ex audientia Ss.mi” of 15 June 2022 requiring the diocesan bishop, before erecting – by decree – a public association of the faithful with a view to becoming an institute of consecrated life or a society of apostolic life, to obtain the written permission of the Dicastery of Consecrated Life and Societies of Apostolic Life: cf. can. 579] §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. |
| The People of God » The Christian Faithful » Associations of the Christian Faithful » Common Norms | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 306. | To enjoy the rights and privileges, indulgences and other spiritual favours granted to an association, it is necessary and sufficient that a person be validly received into the association in accordance with the provisions of the law and with the association’s own statutes, and be not lawfully dismissed from it. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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.
[In 2008 Benedict XVI granted the Congregation for the Clergy the privilege of allowing public clerical assocations to incardinate clerics] |
| Canon 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. |
| Canon 300. | No association may call itself ‘catholic’ except with the consent of the competent ecclesiastical authority, in accordance with can. 312. |
| Canon 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. |
| Canon 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. |
| The People of God » The Christian Faithful » Personal Prelatures | |
| Canon 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 ofthe diocesan Bishop, exercises or wishes to exercise its pastoral or missionary activity. |
| Canon 296. | Maintaining the provisions of can. 107, and according to the provisions and agreements entered into with the prelature, the laity can dedicate themselves to the apostolic works of the personal prelature; but the manner of this organic cooperation and the main duties and rights connected with it, shall be determined appropriately in the statutes. |
| Canon 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 As a Moderator endowed with the faculties of an Ordinary, the Prelate must provide either for the spiritual education of those whom he has promoted by the aforementioned title, or for their dignified support. |
| Canon 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. |
| The People of God » The Christian Faithful » Sacred Ministers or Clerics » Loss of the Clerical State | |
| Canon 293. | A cleric who has lost the clerical state cannot be enrolled as a cleric again save by rescript of the Apostolic See. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Christian Faithful » Sacred Ministers or Clerics » The Obligations and Rights of Clerics | |
| Canon 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. |
| Canon 288. | Permanent deacons are not bound by the provisions of cann. 284, 285 §§3 and 4, 286, 287 §2, unless particular law states otherwise. |
| Canon 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. |
| Canon 286. | Clerics are forbidden to practise commerce or trade, either personally or through another, for their own or another’s benefit, except with the permission of the lawful ecclesiastical authority. |
| Canon 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. |
| Canon 284. | Clerics are to wear suitable ecclesiastical dress, in accordance with the norms established by the Episcopal Conference and legitimate local custom. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 280. | Some manner of common life is highly recommended to clerics; where it exists, it is as far as possible to be maintained. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 273. | Clerics have a special obligation to show reverence and obedience to the Supreme Pontiff and to their own Ordinary. |
| The People of God » The Christian Faithful » Sacred Ministers or Clerics » The Enrollment, or Incardination, of Clerics | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 269. | A diocesan Bishop is not to incardinate a cleric unless:
1° the need or the advantage of his particular Church requires it and the provisions of law concerning the worthy support of the cleric are observed; 2° he knows by a lawful document that excardination has been granted, and has also obtained from the excardinating Bishop, under secrecy if need be, appropriate testimonials concerning the cleric’s life, behaviour and studies; 3° the cleric declares in writing to the same Bishop that he wishes to enter the service of the new particular Church in accordance with the norms of law. |
| Canon 268. | §1 A cleric who has lawfully moved from his own particular Church to another is, by virtue of the law itself, incardinated in that latter Church after five years, if he has declared this intention in writing to both the diocesan Bishop of the host diocese and his own diocesan Bishop, and neither of the two Bishops has indicated opposition in writing within four months of receiving the cleric’s written request.
§2 By perpetual or definitive admission into an institute of consecrated life or a society of apostolic life, a cleric who in accordance with can. 266 is incardinated in that institute or society, is excardinated from his own particular Church. |
| Canon 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. |
| Canon 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. |
| Canon 265. | Every cleric must be incardinated either in a particular church or personal prelature, or in an institute of consecrated life or society endowed with this faculty, or also in a public clerical association which has obtained that faculty from the Apostolic See, in such a way that unattached or transient clerics are not allowed at all.
[revised wording according to m.p. Competentias quasdam decernere, 11.II.2022] |
| The People of God » The Christian Faithful » Sacred Ministers or Clerics » The Formation of Clerics | |
| Canon 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. |
| Canon 263. | The diocesan Bishop must ensure that the building and maintenance of the seminary, the support of the students, the remuneration of the teachers and the other needs of the seminary are provided for. In an inter-diocesan seminary this responsibility devolves upon the Bishops concerned, each to the extent allotted by their common agreement. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 248. | The doctrinal formation given is to be so directed that the students may acquire a wide and solid teaching in the sacred sciences, together with a general culture which is appropriate to the needs of place and time. As a result, with their own faith founded on and nourished by this teaching, they ought to be able properly to proclaim the Gospel to the people of their own time, in a fashion suited to the manner of the people’s thinking. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 242. | §1 Each nation is to have a programme of priestly formation which is to be established by the conference of bishops, attentive to the norms issued by the supreme authority of the Church, and which is to be confirmed by the Holy See. This programme is to be adapted to new circumstances, also with the confirmation of the Holy See, and is to define the main principles of the instruction to be given in the seminary and general norms adapted to the pastoral needs of each region or province.
[revised wording according to m.p. Competentias quasdam decernere, 11.II.2022] §2 The norms of the Charter mentioned in §1 are to be observed in all seminaries, whether diocesan or inter-diocesan. |
| Canon 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. |
| Canon 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. |
| Canon 239. | §1 In all seminaries there is to be a rector who presides over it, a vice-rector, if circumstances warrant this, and a financial administrator. Moreover, if the students follow their studies in the seminary, there are to be professors who teach the various subjects in a manner suitably coordinated between them.
§2 In every seminary there is to be at least one spiritual director, though the students are also free to approach other priests who have been deputed to this work by the Bishop. §3 The seminary statutes are to determine the manner in which the other moderators, the professors and indeed the students themselves, are to participate in the rector’s responsibility, especially in regard to the maintenance of discipline. |
| Canon 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. |
| Canon 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 interdiocesan seminary is not to be erected unless the conference of bishops, if the seminary is for its entire territory, or the bishops involved have obtained the prior confirmation of the Apostolic See for both the erection of the seminary and its statutes. [revised wording according to m.p. Competentias quasdam decernere, 11.II.2022] |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 232. | It is the duty and the proper and exclusive right of the Church to train those who are deputed to sacred ministries. |
| The People of God » The Christian Faithful » The Obligations and Rights of the Lay Christian Faithful | |
| Canon 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. |
| Canon 230. | §1 Lay persons who possess the age and qualifications established by decree of the conference of bishops can be admitted on a stable basis through the prescribed liturgical rite to the ministries of lector and acolyte. Nevertheless, the conferral of these ministries does not grant them the right to obtain support or remuneration from the Church.
[revised wording according to m.p. Spiritus Domini, 10.I.2021] §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. [NB see Authentic Interpretation of canon 230 §2, 11.VII.1992] §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. [NB see Authentic Interpretation of canon 910 §2, 1.VI.1988] |
| Canon 229. | §1 Lay people have the duty and the right to acquire the knowledge of christian teaching which is appropriate to each one’s capacity and condition, so that they may be able to live according to this teaching, to proclaim it and if necessary to defend it, and may be capable of playing their part in the exercise of the apostolate.
§2 They also have the right to acquire that fuller knowledge of the sacred sciences which is taught in ecclesiastical universities or faculties or in institutes of religious sciences, attending lectures there and acquiring academic degrees. §3 Likewise, assuming that the provisions concerning the requisite suitability have been observed, they are capable of receiving from the lawful ecclesiastical authority a mandate to teach the sacred sciences. |
| Canon 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. [NB see m.p. Antiquum ministerium, 10.V.2021] |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Christian Faithful » The Obligations and Rights of all the Christian Faithful | |
| Canon 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. |
| Canon 222. | §1 Christ’s faithful have the obligation to provide for the needs of the Church, so that the Church has available to it those things which are necessary for divine worship, for apostolic and charitable work and for the worthy support of its ministers.
§2 They are also obliged to promote social justice and, mindful of the Lord’s precept, to help the poor from their own resources. |
| Canon 221. | §1 Christ’s faithful may lawfully vindicate and defend the rights they enjoy in the Church, before the competent ecclesiastical forum in accordance with the law.
§2 If any members of Christ’s faithful are summoned to trial by the competent authority, they have the right to be judged according to the provisions of the law, to be applied with equity. §3 Christ’s faithful have the right that no canonical penalties be inflicted upon them except in accordance with the law. |
| Canon 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. |
| Canon 219. | All Christ’s faithful have the right to immunity from any kind of coercion in choosing a state in life. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| The People of God » The Christian Faithful | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Computation of Time | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 200. | Unless the law provides otherwise, time is to be reckoned in accordance with the following canons. |
| General Norms » Prescription | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Privation | |
| Canon 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. |
| General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Removal | |
| Canon 195. | If by a decree of the competent authority, and not by the law itself, someone is removed from an office on which that person’s livelihood depends, the same authority is to ensure that the person’s livelihood is secure for an appropriate time, unless this has been provided for in some other way. |
| Canon 194. | §1 The following are removed from ecclesiastical office by virtue of the law itself:
1° one who has lost the clerical state; 2° one who has publicly defected from the catholic faith or from communion with the Church; 3° a cleric who has attempted marriage, even a civil one. §2 The removal mentioned in nn. 2 and 3 can be insisted upon only if it is established by a declaration of the competent authority. |
| Canon 193. | §1 No one may be removed from an office which is conferred on a person for an indeterminate time, except for grave reasons and in accordance with the procedure defined by law.
§2 This also applies to the removal from office before time of a person on whom an office is conferred for a determinate time, without prejudice to can. 624 §3. §3 When in accordance with the provisions of law an office is conferred upon someone at the prudent discretion of the competent authority, that person may, upon the judgement of the same authority, be removed from the office for a just reason. §4 For a decree of removal to be effective, it must be notified in writing. |
| Canon 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. |
| General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Transfer | |
| Canon 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. |
| Canon 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. |
| General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office » Resignation | |
| Canon 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. [NB see m.p. Learn to take your leave, 12.II.2018, art. 5 (cf. can. 401)] §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. |
| Canon 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. |
| Canon 187. | Anyone who is capable of personal responsibility can resign from an ecclesiastical office for a just reason. |
| General Norms » Ecclesiastical Offices » Loss of Ecclesiastical Office | |
| Canon 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. |
| Canon 185. | The title ‘emeritus’ may be conferred on one who loses office by reason of age, or of resignation which has been accepted. |
| Canon 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. |
| General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Postulation | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Election | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 169. | In order that an election be valid, no one may be allowed to vote who does not belong to the college or group. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 164. | Unless it has been otherwise provided in the law, the provisions of the following canons are to be observed in canonical elections. |
| General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Presentation | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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 can. 165--179. |
| General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office » Free Conferral | |
| Canon 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. |
| General Norms » Ecclesiastical Offices » Provision of Ecclesiastical Office | |
| Canon 156. | The provision of any office is to be made in writing. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 152. | Two or more offices which are incompatible, that is, which cannot be exercised at the same time by the same person, are not to be conferred upon anyone. |
| Canon 151. | The provision of an office which carries with it the care of souls is not to be deferred without grave reason. |
| Canon 150. | An office which carries with it the full care of souls, for which the exercise of the order of priesthood is required, cannot validly be conferred upon a person who is not yet a priest. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 146. | An ecclesiastical office cannot be validly obtained without canonical provision. |
| General Norms » Ecclesiastical Offices | |
| Canon 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. |
| General Norms » The Power of Governance | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 139. | §1 Unless the law prescribes otherwise, the tact that a person approaches some competent authority, even a higher one, does not mean that the executive power of another competent authority is suspended, whether that be ordinary or delegated.
§2 A lower authority, however, is not to interfere in cases referred to higher authority, except for a grave and urgent reason; in which case the higher authority is to be notified immediately. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Juridic Acts | |
| Canon 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. |
| Canon 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.
[NB see Authentic Interpretation of canon 127 §1, 5.VII.1985] §2 When the law prescribes that, in order to perform a juridical act, a Superior requires the consent or advice of certain persons as individuals: 1° if consent is required, the Superior’s act is invalid if the Superior does not seek the consent of those persons, or acts against the vote of all or of any of them; 2° if advice is required, the Superior’s act is invalid if the Superior does not hear those persons. The Superior is not in any way bound to accept their vote, even if it is unanimous; nevertheless, without what is, in his or her judgement, an overriding reason, the Superior is not to act against their vote, especially if it is a unanimous one. §3 All whose consent or advice is required are obliged to give their opinions sincerely. If the seriousness of the matter requires it, they are obliged carefully to maintain secrecy, and the Superior can insist on this obligation. |
| Canon 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. |
| Canon 125. | §1 An act is invalid if performed as a result of force imposed from outside on a person who was quite unable to resist it.
§2 An act performed as a result of fear which is grave and unjustly inflicted, or as a result of deceit, is valid, unless the law provides otherwise. However, it can be rescinded by a court judgement, either at the instance of the injured party or that party’s successors in law, or ex officio. |
| Canon 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. |
| General Norms » Physical and Juridic Person » Juridical Persons | |
| Canon 123. | On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes. |
| Canon 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. |
| Canon 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. |
| Canon 120. | §1 A juridical person is by its nature perpetual. It ceases to exist, however, if it is lawfully suppressed by the competent authority, or if it has been inactive for a hundred years. A private juridical person also ceases to exist if the association itself is dissolved in accordance with the statutes, or if, in the judgement of the competent authority, the foundation itself has, in accordance with the statutes, ceased to exist.
§2 If even a single member of a collegial juridical person survives, and the aggregate of persons has not, according to the statutes, ceased to exist, the exercise of all the rights of the aggregate devolves upon that member. |
| Canon 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; [NB see Authentic Interpretation of canon 119 1º, 28.VI.1990] 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. |
| Canon 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. |
| Canon 117. | No aggregate of persons or of things seeking juridical personality can acquire it unless its statutes are approved by the competent authority. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Physical and Juridic Person » The Canonical Condition of Physical Persons | |
| Canon 112. | §1 After the reception of baptism, the following are enrolled in another Church sui iuris:
1° one who has 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 Church ‘sui iuris’ 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 Church ‘sui iuris’; 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 another Church ‘sui iuris’, does not bring with it membership of that Church. §3. Each transfer to another Church ‘sui iuris’ is valid from the moment of the declaration made in the presence of the local ordinary of the said Church or of its pastor or of the priest delegated by one of them and of two witnesses, unless a rescript of the Apostolic See disposes otherwise; and is noted in the baptismal register. [revised wording according to m.p. De concordia inter Codices, 31.V.2016] |
| Canon 111. | §1 Through the reception of baptism a child is ascribed to the Latin Church if the parents belong to that Church or, should one of them not belong to it, if both parents agree in choosing that the child be baptised in the Latin Church; but, if the agreement is lacking, the child is ascribed to the Church ‘sui iuris’, to which the father belongs.
§2. However, if only one parent is Catholic, the child is ascribed to the Church to which the Catholic parent belongs. §3. 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 Church ‘sui iuris’; in which case the person is ascribed to the Church which he or she has chosen. [revised wording according to m.p. De concordia inter Codices, 31.V.2016] |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 99. | Whoever habitually lacks the use of reason is considered as incapable of personal responsibility and is regarded as an infant. |
| Canon 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. |
| Canon 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. |
| Canon 96. | By baptism one is incorporated into the Church of Christ and constituted a person in it, with the duties and the rights which, in accordance with each one’s status, are proper to christians, in so far as they are in ecclesiastical communion and unless a lawfully issued sanction intervenes. |
| General Norms » Statutes and Rules of Order | |
| Canon 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. |
| Canon 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. |
| General Norms » Singular Administrative Acts » Dispensations | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 89. | Parish priests and other priests or deacons cannot dispense from universal or particular law unless this power is expressly granted to them. |
| Canon 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. |
| Canon 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.
[NB see Authentic Interpretation of canon 87 §1, 5.VII.1985] §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. |
| Canon 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. |
| Canon 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. |
| General Norms » Singular Administrative Acts » Privileges | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 79. | Without prejudice to can. 46, a privilege ceases by revocation on the part of the competent authority in accordance with can. 47. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Singular Administrative Acts » Rescripts | |
| Canon 75. | If a rescript contains a privilege or a dispensation, the provision of the following canons are also to be observed. |
| Canon 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. |
| Canon 73. | No rescripts are revoked by a contrary law, unless it is otherwise provided in the law itself. |
| Canon 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. |
| Canon 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 . |
| Canon 70. | If in a rescript the very granting of the favour is entrusted to the executor, it is a matter for the executor’s prudent judgement and conscience to grant or to refuse the favour. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 65. | §1 Without prejudice to the provisions of §§2 and 3, no one is to seek from another Ordinary a favour which was refused by that person’s proper Ordinary, unless mention is made of the refusal. When the refusal is mentioned, the Ordinary is not to grant the favour unless he has learned from the former Ordinary the reasons for the refusal.
§2 A favour refused by a Vicar general or an episcopal Vicar cannot be validly granted by another Vicar of the same Bishop, even when he has learned from the Vicar who refused the reasons for the refusal. §3 A favour refused by a Vicar general or an episcopal Vicar and later, without any mention being made of this refusal, obtained from the diocesan Bishop, is invalid. A favour refused by the diocesan Bishop cannot, without the Bishop’s consent, validly be obtained from his Vicar general or episcopal Vicar, even though mention is made of the refusal. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 61. | Unless it is otherwise established, a rescript can be obtained for another, even without that person’s consent, and it is valid before its acceptance, without prejudice to contrary clauses. |
| Canon 60. | Any rescript can be obtained by all who are not expressly prohibited. |
| Canon 59. | §1 A rescript is an administrative act issued in writing by a competent authority, by which of its very nature a privilege, dispensation or other favour is granted at someone’s request.
§2 Unless it is otherwise established, provisions laid down concerning rescripts apply also to the granting of permission and to the granting of favours by word of mouth. |
| General Norms » Singular Administrative Acts » Singular Decrees and Precepts | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Singular Administrative Acts » Common Norms | |
| Canon 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. |
| Canon 46. | An administrative act does not cease on the expiry of the authority of the person issuing it, unless the law expressly provides otherwise. |
| Canon 45. | If there has been any error in the execution of an administrative act, the executor may execute it again. |
| Canon 44. | An administrative act can also be executed by the executor’s successor in office, unless the first had been chosen deliberately as the only person to be executor. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 39. | Conditions attached to an administrative act are considered to concern validity only when they are expressed by the particles ‘if’, ‘unless’, ‘provided that’. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » General Decrees and Instructions | |
| Canon 34. | §1 Instructions, namely, which set out the provisions of a law and develop the manner in which it is to be put into effect, are given for the benefit of those whose duty it is to execute the law, and they bind them in executing the law. Those who have executive power may, within the limits of their competence, lawfully publish such instructions.
§2 The regulations of an instruction do not derogate from the law, and if there are any which cannot be reconciled with the provisions of the law they have no force. §3 Instructions cease to have force not only by explicit or implicit revocation by the competent authority who published them or by that authority’s superior, but also by the cessation of the law which they were designed to set out and execute. |
| Canon 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. |
| Canon 32. | General executory decrees which define the manner of application or urge the observance of laws, bind those who are bound by the laws. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Custom | |
| Canon 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. |
| Canon 27. | Custom is the best interpreter of laws. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| General Norms » Ecclesiastical Laws | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 9. | Laws concern matters of the future, not those of the past, unless provision is made in them for the latter by name. |
| Canon 8. | §1 Universal ecclesiastical laws are promulgated by publication in the ‘Acta Apostolicae Sedis’, unless in particular cases another manner of promulgation has been prescribed. They come into force only on the expiry of three months from the date appearing on the particular issue of the ‘Acta’, unless because of the nature of the case they bind at once, or unless a shorter or a longer interval has been specifically and expressly prescribed m the law itself.
§2 Particular laws are promulgated in the manner determined by the legislator; they begin to oblige one month from the date of promulgation, unless a different period is prescribed in the law itself. |
| Canon 7. | A law comes into being when it is promulgated. |
| General Norms | |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 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. |
| Canon 1. | The canons of this Code concern only the Latin Church. |
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